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Agenda Packet City Council - 01/30/2007
CITY COUNCIL AGENDA JANUARY 30, 2007 Corpus Christi '1:45 R.M. - Recognition of 2006 City of Corpus Christi Vehicle Safety Roadeo Contest Winners Swearing -in ceremony of newly appointed Board, Commission and Committee Members "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 30, 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 listed desea dirigirse al Concilio y cree due 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 Jacoby St. Pierre, Faith Temple. 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 Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott E. MINUTES: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Approval of Regular Meeting of January 23, 2007 (Attachment # 1) Agenda Regular Council Meeting January 30, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience certain of the agenda items are listed as motions, resolutions. or ordinances. if deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action 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. CONSEP' MO'IONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM P*EVIOUS MEETINGS: At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Motion approving a supply agreement with Univar USA, of Corpus Christi, Texas for potassium permanganate in accordance with Bid Invitation No. BI- 0070 -07, based on only bid for an estimated annual expenditure of $490,758.80. The term of the contract will be for twelve months with an option to extend for up to four 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 in FY 2006 -2007. (Attachment # 2) Agenda Regular Council Meeting January 30, 2007 Page :3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion approving supply agreements with the following companies for the following amounts for emulsified polymerized asphalt in accordance with Bid Invitation Nos, BI- 0003 -07 and BI- 0059-07 based on only bid and low bids, respectfully, for an estimated semi - annual expenditure of $402,065. The terms of the agreements shall be for six months with options to extend for up to five additional six -month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Street Department in FY 2006 -2007. (Attachment # 3) Sem Materials Cleveland Asphalt Products, Inc. Ergon Asphalt & Emulsion, Inc. Cows Chritti, TX Shepherd, TX Austin, TX Primary Contractor Secondary Contractor Secondary Contractor S210,000 $83,100 $108,965 Grand Total: $402,065 Motion approving the purchase of eighty -four (84) traffic signal cameras from Texas Highway Products LTD, of Round Rock, Texas in accordance with the State of Texas Cooperative Purchasing Program in the amount of $73,500. The traffic signal cameras will be installed in existing traffic control monitoring systems. Funds have been budgeted by the Street Department in FY 2006 -2007. (Attachment # 4) 5. Motion approving a supply agreement with Hill Country Dairies, of Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -07 -2 for 152,000 half -pint containers of low fat milk, based on low bid for an estimated twelve month expenditure of $28,880. The term of the contract shall be for twelve months with an option to extend for up to three additional months subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY 2006 -2007. (Attachment # 5) Agenda Regular Council Meeting January 30, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Resolution authorizing the submission of a grant application in the amount of $50,000 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $23,523 and in -kind contribution of $746, for a total project cost of $74,269, and authorizing the City Manager or his designee to apply for. accept. reject, alter or terminate the grant. (Attachment # 6) Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO -OP), an outdoor recreation program for youth participating in the City's summer program. (Attachment # 7) 8. Ordinance appropriating $8,000 into the Library Capital Improvement Program Fund No. 3210 for improvements to the Parkdale Branch Library from the William T. Neyland Estate; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $8,000. (Attachment # 8) 9. Motion authorizing the City Manager or his designee to execute a construction contract with Fox Tree and Landscape Nursery, of Corpus Christi, Texas in the amount of $264,102.50 for the Oso Water Reclamation Plant Landscape Improvements for the Base Bid and Additive Alternate AA -1. (Attachment # 9) 10.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Nasser Farahnakian, owner and developer of Lot 1, Block 1, Sunrise Business Park located south of SH 44 access road and west of Clarkwood Road for the installation of 544- linear feet of 10 -inch over - sized, over -depth PVC sanitary sewer collection line. (Attachment # 10) Agenda Regular Council Meeting January 30, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10.b. Ordinance appropriating $29,314.80 from the Sanitary Sewer Collection Line Trust Fund No. 540450 - 21801 -4220 to pay Nasser Farahnakian, for the installation of 544 - linear feet of 10- inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Lot 1, Block 1, Sunrise Business Park. (Attachment # 10) 11.a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Nasser Farahnakian, owner and developer of Sunrise Business Park, Lot 1, Block 1 located south of SH 44 access road and west of Clarkwood Road for the installation of 466 - linear feet of 12 -inch PVC water grid main (Attachment # 11) 11. b. Ordinance appropriating $47,860.95 from the Arterial Transmission and Grid Main Trust Fund No. 540450 - 21805 -4030 to pay the Nasser Farahnakian reimbursement request for the installation of 466- linear feet of 12 -inch PVC grid main to develop Sunrise Business Park, Lot 1. Block 1. (Attachment # 11) 12_ Second 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. (First Reading 01- 23 -07) (Attachment # 12) PUBLIC HEARINGS: 13.a. Public hearing to consider amending the Zoning Ordinance Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage. (Attachment # 13) Agenda Regular Council Meeting January 30, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3.b. First Reading Ordinance - Amending Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage; providing for penalty; providing for publication; and providing for an effective date. (Attachment # 1 3) ZONING CASES: (NONE) J. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 14 Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits, and working conditions. (Attachment # 14) 15 Resolution authorizing the City Manager or his designee to submit a grant application to serve as the Fiscal Agent for the Department of Justice, Community Capacity Development Office, Weed and Seed FY 2007 -2008 Weed and Seed South East Site (Flour Bluff) Program, with DOJ funding in the amount of $175,000. (Attachment # 15) 16.a. Second 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. (First Reading 01- 23 -07) (Attachment # 16) 16.b. Ordinance appropriating $68,180 from anticipated revenues generated from the Photo Redlight Enforcement for professional services provided by Redflex Traffic Systems, Inc.; amending the FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 by increasing estimated revenues and appropriations by $68,180 each.. (Attachment # 16) Agenca Regular Council Meeting January 30, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16 c. Motion authorizing the City Manager or his designee to execute a contract with Redflex Traffic System, Inc., of Scottsdale, Arizona for a Photo Redlight Enforcement Program in accordance with Request for Proposal No. BI- 0013 -07 based on best value for an estimated first year expenditure of $584,400 of which $68,180 is budgeted In FY 2006 -2007. The term of the contract will be for five years with an option to extend the contract for up to two additional twelve -month periods. (Attachment # 16) K. PRESENTATIONS: Public comment will not be solicited on Presentation items. Update on Development Services Process Improvement by Horizon Centre (Attachment # 17) 18. Update on Dtown Wayfinding and Street Scapes and the Bayfront Master Plan (Attachment # 18) 19 2006 Crime Statistics (Attachment # 19) 20 Economic Development GIS Demonstration (Attachment # 20) 21 Bond Issue 2004 Update (Attachment # 21) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12 :00 P.M. OR AT THE END OF THE CQUNI,. MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete ingles- espanol en la reunion de la junta para ayudarle. Agenda Regular Council Meeting January 30, 2007 page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 22 Executive session under Texas Government Code Section 551.071 regarding Robert Partney v. City of Corpus Christi; Cause No. 05- 546 -F, in the 214th Judicial District Court, with possible discussion and action related thereto in open session. 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. 23. LEGISLATIVE UPDATE: Consid ®ration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature. 24 CITY MANAGER'S REPORT Upcoming Items Agenda Regular Council Meeting January 30, 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 25 MAYOR'S UPDATE 26 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 I 0 O O 6,m., January 26, 2007. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Rex Kinnison Council Members: Brent Chesney Melody Cooper Jerry Garcia Bill Kelly John Marez Jesse Noyola Mark Scott MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting January 23, 2007 - 10:00 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 Pastor Carl Willis of Parkdale Baptist Church and the Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett. Mayor Garrett called for approval of the minutes of the regular Council meeting of January 16, 2007. Council Member Marez stated that he was absent for the vote and discussion on Item 22 on January 16, 2007, and the ordinance listed in the agenda packet indicated that he was present. He asked staff to correct the ordinance. A motion was made and passed to approve the minutes as presented. Mayor Garrett called for consideration of the consent agenda (Items 3 - 13). City Secretary Chapa announced that Councilmember Kelly would be abstaining from the vote and discussion on item 13 and Councilmember Scott would be abstaining from the vote and discussion on Item 9. Mr. Billy Kopecky and Mr. Johnny French requested that Item 13 be pulled for individual consideration. Council member Kelly requested that Item 12 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows. 3 MOTION NO. 2007 -018 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. 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 January 23 2007 Page 2 4.a ORDINANCE NO.027114 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. 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 ". 4.b MOTION NO. 2007 -019 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. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 5.a MOTION NO. 2007 -020 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. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 5.b. MOTION NO. 2007 -021 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. Hi -Way Equipment Houston, TX Vacuum Machine $35,758.06 Subtotal (b): $1,154,236.06 Rush Equipment Center of Texas, Inc. Houston, TX Tractor Trucks & Trailers $1,118,478 Grand Total (a) & (b): $1,612,737.39 Minutes -- Regular Council Meeting January 23, 2007 - Page 3 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 6.a RESOLUTION NO. 027115 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. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 6.b ORDINANCE NO. 027116 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. 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 ". RESOLUTION NO. 027117 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. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Chesney, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". MOTION NO. 2007 -022 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. 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 -023 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 Minutes - Regular Council Meeting January 23, 2007 - Page 4 midway between Saratoga and Yorktown Boulevard; necessary for the Master Channel 27 Drainage Improvement Protect ( #2263) and for other municipal purposes. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, voting "Aye "; Scott abstained. 1C ORDINANCE NO. 027118 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye" 11 ORDINANCE NO. 027119 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. 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 12 regarding prohibiting activities along Lake Corpus Christi and Nueces River. In response to Council Member Kelly, Director of Water Operations Eduardo Garana explained that is ordinance prohibits activities that are inconsistent with maintaining a game preserve and that fishing can continue below the buoy line. City Secretary Chapa polled the Council for their votes as follows: 12 ORDINANCE NO. 027120 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) The foregoing ordinance was passed and approved on its second reading with the following vote; Garrett. Chesney, Cooper, Garcia, KeIIy, Kinnison, Marez, Noyola, and Scott, voting "Aye ". Mayor Garrett opened discussion on Item 13 regarding the City's Code of Ordinances, Chapter 10, Beachfront Management and Construction. City Secretary Chapa announced that Councilrnember KeIIy would be abstaining from the vote and discussion on Item 22. Mr. Johnny French, 4417 Carlton Street, expressed his concern regarding the pedestrian safe areas. Mr. Bill Minutes — Regular Council Meeting January 23. 2007 -- Page 5 Kopecky, 3609 Topeka, spoke regarding beach access and the Packery Channel Project. Michael McCutchon, 203 Jackson, spoke regarding the seawall erosion and dune building from Christmas trees. Joan Veith, 5701 Cain, said she opposed the closing of the beach however supports the issue of safety. City Manager Noe explained that the beach would not be closed to traffic except for safety reasons. City Secretary Chapa polled the Council for their vote as follows: 13 ORDINANCE NO. 027121 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) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Kelly abstained. Mayor Garrett referred to Item 2 and the following board appointments were made: Electrical Advisory Board Craig Loving (Reappointed) Lee Montgomery (Reappointed) Billy Ashcraft (Appointed) Dan Dibble (Appointed) Don Fretwell (Appointed) Mike Riley (Appointed) Bhaskar Patel (Appointed) Mayor Garrett referred to Item 14, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 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 Boulevard) and County Road 69 (Hazel Bazemore Road). City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-4" General Business District. No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Ms. Cooper, and passed. In response to Mr. Kelly, Interim Assistant Director of Development Services Faryce Goode -Macon said the developer did not have a concept plan at this time and provided an explanation of staff's recommendation. Mr. Chapa polled the Council for their votes as follows Minutes - Regular Council Meeting January 23, 2007 - Page 6 14 ORDINANCE NO. 027122 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, Mao Records, Nueces County, Texas, being 1.94- acres, a portion of Lot 1, Block 2 from "R- 18 One- family Dwelling District to "B -4" General Business Distract; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty. 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 referred to Item 15, and a motion was made, seconded and passed to open the public hearing on the following zoning case: 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 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. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "R -2" Multiple Dwelling District for Tracts 2 and 3 and a "B -1" Neighborhood Business District for Tract 1 No one appeared in opposition to the zoning change. Mr. Noyola made a motion to close the public hearing, seconded by Ms Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 15 ORDINANCE NO. 027123 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 4R-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. 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 Meeting January 23 2007 - Page 7 Mayor Garrett opened discussion on Item 16 regarding the Automated Red Light Enforcement Program and contract. Assistant City Manager Oscar Martinez provided an overview of the program including the issuance of citation for violation and fine; review of violation by city staff; appeal process; flexibility of logistics for placing of camera equipment; explanation of contract procedures; and revenue of program to be reinvested for public safety needs. Michael Barrera, Procurement and General Services Manager, referred to a powerpoint presentation regarding the Request for Proposals; demonstration of equipment by Redflex, ATS and Siemens; the evaluation process; the recommendation by staff to award the contract to Redflex; a -eview of the contract: the installation schedule; and tentative intersection locations. Council members asked questions regarding the issuance of citation to registered owner of vehicle; review of violation by offender; approach locations at intersections and signage; the ssuance of tickets by mail; the use of cameras on Texas Department of Transportation locations; a legislative session update regarding revenues; use of mobile cameras; public awareness; and maintenance of equipment, There were no comments from the audience. City Secretary Chapa polled the Council for the +r votes as follows 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. The foregoing ordinance was passed and approved on its first reading with the following vote- Garrett. Chesney, Cooper. Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye", * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. William Kling, 2330 Division, spoke regarding street repairs on Division Road. Johnny French, 4417 Carlton, read responses from City Manager George Noe to some correspondence he had sent regarding the Packery Channel beach area. Luis Corona, 2805 David, provided a petition to support an expansion of the Broadmoor Park Senior Center. Foster Edwards, Chairman of the Convention and Visitors Bureau, reported on positive efforts of the Convention and Visitors Bureau. Hugo Berlanga, 1120 San Antonio Street, Austin, Texas, spoke regarding the legislative agenda for red light cameras and the Texas A & M University - Corpus Christi expansion. * *. * * * * * * * * ** Mayor Garrett opened discussion on Item 24 regarding an appeal by Latrice Sellers of the Cable Commission. Assistant City Attorney Lisa Aguilar provided a history of the appeal including the rules and procedures for Public Access Cablecasting; the adopted guidelines for commercial advertising; the violation for commercial advertising issued by the Public Access User Group PAUG) and the appeal by Latrice Sellers. Ms. Aguilar referred to a video of the program. Barbara Sellers, representative for Latrice Sellers, stated that Ms. Sellers had requested and was never Provided training on rules by representatives of the PAUG. Ms. Sellers explained that the program Nas to discuss a mandatory raining for the Corpus Christi area. Bob White, Chairman of the Cable Minutes — Regular Council Meeting January 23, 2007 - Page 8 Commission, said the Cable Commission agreed that the program was a clear violation of commercial advertising. Mr. Chesney made a motion to deny the appeal, seconded by Ms. Cooper. City Secretary Chapa polled the Council for their vote as follows: 24 MOTION NO, 2007 -026 Motion to deny 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. The foregoing motion 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 17 regarding prohibiting a certain activity known as grinding on City property. Police Chief Bryan Smith stated that grinding was the use of the non - wheeled parts of skateboard and rollerblades that cause damage to city property. Chief Smith said the ordinance would not restrict usage of skateboards and rollerblades in City areas but would restrict the act of grinding on City property. There was no public comment. City Secretary Chapa polled the Council for their vote as follows: 17 ORDINANCE NO. 027124 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Marez, and Noyola, voting "Aye"; Kinnison and Scott were absent. Mayor Garrett opened discussion on Item 18 regarding the endorsement of the Corpus Christi Police Department through the Commission on Accreditation for Law Enforcement Agencies, Inc ( CALEA) process. Police Chief Bryan Smith provided a powerpoint presentation on the history, goals, and benefits of CALEA. There was no public comment. City Secretary Chapa polled the Council for their vote as follows: 18. RESOLUTION NO. 027125 Resolution supporting and endorsing the Corpus Christi Police Department in its efforts to become a nationally accredited law enforcement agency. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Chesney, Garcia. Kelly, Marez, and Noyola, voting "Aye"; Kinnison and Scott were absent. Mayor Garrett opened discussion on Item 19 regarding amending the City's Code of Ordinance, Chapter 49, Streets & Sidewalks- and Chapter 2, Administration. Mary Frances Teniente, Assistant Director of Development Services, presented this item. There was no public comment. City Secretary Chapa polled the Council for their vote as follows: 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 Minutes - Regular Council Meeting January 23 2007 -- Page 9 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Noyola, and Scott, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 20 regarding the Broadway Wastewater Treatment Plant Basin Service Area Sewer Line Rehabilitation, Director of Engineering Angel Escobar said the rehabilitation is to repair cracks and manholes to reduce infiltration and inflows entering the treatment plant. He added that the project include work for the Laguna Madre to correct point repair collapses in the main line services. Mr. Escobar provided answers to questions submitted by Erroll Summerlin, Attorney for the Tex Rio Grande Legal Aid and representative of the Hillcrest Residents Association, regarding this item. City Secretary Chapa polled the Council for their vote as follows: 20.a. ORDINANCE NO. 027126 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 eamings 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. 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 ", 20.o, MOTION NO. 2007 -024 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. The foregoing motion 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 21 regarding the Corpus Christi Fire Fighters' Association collective bargaining agreement. City Manager Noe said this item authorizes the execution of the collective bargaining agreement with the Corpus Christi Firefighters Association. Carlos Torres, President of Corpus Christi Firefighters Association, spoke regarding the ratification of the agreement and the status of the retroactive pay. Council members expressed their concem regarding the date of payment for retroactive pay. City Secretary Chapa polled the Council for their vote as follows: 21. MOTION NO, 2007 -025 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. Minutes — Regular Council Meeting January 23. 2007 — Page 1 ) The foregoing motion 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 22 regarding the notice of intention to issue certificates of obligation. Director of Financial Services Cindy O'Brien stated that approval of the resolutions would be directing the publication of notice of intent to issue Certificates of Obligation for the projects for reconstruction on Port Avenue and the partial relocation of Flour Bluff Drive and land acquisition and to proceed with preparing necessary documents for sale of General Improvement Bonds. Ms O'Brien said staff was recommending retaining the service of M.E. Allison as Financial Advisor and McCall, Parkhurst & Horton L.L.P. as Bond Counsel. Angel Escobar, Director of Engineering, provided a timeline of the construction project. There was no public comment. City Secretary Chapa polled the Council for their votes as follows: 22 a. RESOLUTION NO. 027127 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. The foregoing resolution was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Chesney and Cooper were absent. 22 b. RESOLUTION NO. 027128 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. The foregoing resolution was passed and approved with the following vote: Garrett, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye "; Chesney and Cooper were absent. Mayor Garrett opened discussion on Item 23 regarding an amendment to Asset Purchase Agreement and Network Services Agreement with EarthLink, Inc. Oscar Martinez, Assistant City Manager, explained that amendments to the agreement would need to be made to provide alternative provisions if the transaction should be determined taxable and provided an explanation of the amendments. There was no public comment. City Secretary announced that staff provided an amendment to the ordinance as presented to Council. Mr. Garcia made a motion to amend, seconded by Mr. Noyola. City Secretary Chapa polled the Council for their vote as follows: 23 ORDINANCE NO. 027129 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 altemative provisions in the event the transaction is determined to be subject to sales tax. Minutes — Regular Council Meeting January 23. 2007 — Page 11 An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye" Chesney and Scott absent. Mayor Garrett referred to Item 25, a presentation on the Gas Department Operations. Assistant City Manager Ron Massey said that this presentation was in response to information requested at the Council Retreat on the discussion of activities and possible sale of the Gas Deoartment. David Flores, Acting Director of Gas Operations, referred to a powerpoint presentation including: a history of gas department operations; a map of the gas system; activities including construction, service and maintenance. and measurement and operations; ongoing initiatives including reengineering, skill based pay, infrastructure expansion, automated meter reading, new gas supply contract and gas rate study; revenues and expenditures; gas Toad development; plan of action to implement business strategy, provide progress reports and implement changes recommended in gas rate study; and the process of a sale. Council members asked questions regarding in -house construction; cost of services comparison with other cities in Texas; marketing of rebates; sale of the gas department; initiation of revised incentive program; and the total current budget, Mayor Garrett referred to Item 26, a presentation on the Americans with Disabilities Act (ADA) Title II Transition Plan /Non- Discrimination Ordinance Quarterly Update. Wanese Taylor - Butler, Human Relations Analyst, referred to a powerpoint presentation including accessibility Improvement in public facilities, public programs, site development and education; ADA complaints under the non - discrimination ordinance; and case closure summaries in reference to the Equal Employment Opportunity Commission and Department of Housing and Urban Development contracts Mayor Garrett referred to Item 27, a presentation on the Utility Rate Study Update. Tony Bagwell with HDR Engineering, referred to a powerpoint presentation including a scope and status of the financial planning model; water use patterns based on customer classification and rate design; cost of water service issues, gas utility characterization of financial performance; classification of gas utility customers and use patterns; gas existing rate structure and stabilization; gas marketing issues; and future actions. City Manager Noe stated that the goal is to implement the rate study for next fiscal year. Council members asked questions regarding rate impacts; cost of service; industrial customers; stakeholder meetings; the budgeting process; retail of gas and water; and the addition of storm water to be included in the study. Mayor Garrett called for Council concerns and reports. Council Member Cooper said that at the Town Hall meeting at Menger Elementary School, several issues were raised regarding multi- family housing and requested that staff investigate. She asked staff about upcoming plans to hold a Neighborhood Initiative program for that area. There being no further business to come before the Council, Mayor Garrett adjoumed the Council meeting at 4:07 p.m on January 23, 2007. * * * * * * * * < * * ** 2 Requested Council Action 1/30/07 Alternate Date 2/13/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Univar USA, Corpus Christi. Texas for potassium permanganate in accordance with Bid Invitation No. BI- 0070 -07, based on only bid for an estimated annual expenditure of $490,758.80. The term of the contract will be for twelve months with an option to extend for up to four additional twelve month penods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in FY06 -07. ***************************:******************* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose Previous Contract: Potassium Permanganate will be used in the treatment of potable (drinking) water to reduce /control the incidence of tastes and odors. The material will be delivered in cycle bins. This type of delivery will prevent the solidification of the chemical due to atmospheric moisture and product weight. The option to extend the previous contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid Invitations Issued: Twenty -one Bid Received: One Price Analysis: Pricing has increased approximately 33% since the last contract. According to the vendor, the increase is due to the rising cost of raw material and energy. This increase is supported by the Producer's Price Index. ,Award Basis: Funding: On13, Bid The bid invitation was issued to 21 potential bidders. Historically, the ('ity has received a limited number of bids for this chemical. O. -N. Stevens Water Plant — 520010- 4010 -31010 Micha= : arrera, Procurement & G- eral Services Manager $490,758.80 0 0 Z F- 0 0 0Q O F/57 2 co > 0 D - ecOm~o �0o 00> OQ 0 UNIVAR USA CORPUS CHRISTI, TEXAS 0 co 0 0 rn co 0 0 N- te c 0 DESCRIPTION Potassium Permanganate w 1- $490,758.80 GRAND TOTAL 3 Requested Council Action: 01/30/07 Alternate Council Date: 2/13/07 AGENDA MEMORANDUM RECOMMENDATION: Motion approving supply agreements with the following companies for the following amounts for emulsified polymerized asphalt in accordance with Bid Invitation Nos. BI- 0003 -07 and BI- 0059 -07 based on only bid and low bids. respectfully. for an estimated semi annual expenditure of $402,065. The terms ofthe agreements shall be for six months with options to extend for up to five additional six month periods, subject to the approval o f the suppliers and the City Manager or his designee. Funds have been budgeted by the Street Department in FY06_tr Sem Materials Corpus Christi, TX Primary Contractor $ 210,000 Clel eland Asphalt Products, Inc. Shepherd, TX Secondary $83,100 Ergon Asphalt & Emulsion, Inc. Austin, TX Secondary Contractor $108,965 Grand Total: $402,065 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: This material is used by Street Services in their seal coat operation. It is the binder which is used with precoated aggregate to form street pavement. The City is establishing three separate contracts to address availability issues that have arisen under the traditional single supplier method of award. These contracts will provide for pickup ofthe material at a local facility, delivery into a contractor provided tanker located at the Service Center and delivery into a City provided tanker located at the Service Center. In the event the local supplier plant is shut down for repairs, the City will have the material delivered to the Service Center from the backup suppliers This will assure the Street Crews have an adequate supply of material to complete their planned work for the week. Previous Contract: The option to extend the previous contract has been exercised, requiring the City to issue new bid invitations. Bid Invitations Issued: Bids Received: Five Three Pncing Analysis: Pricing has increased 42% since the last contract of February 2005. According to the supplier, this is due to the rising cost of raw material and energy. Award Basis: Funding: BI- 0003 -0"' Only Bid — The City received an only bid for delivery of the material into a City provided tanker. Recommending an award as a backup supplier. BI- 0059 -0- Low Bid - Recommending an award for pick up of the material at a local plant as the primary supplier. Recommending an award for delivery of the material into a contractor provided tanker as a backup supplier. Street Services 520130- 1020 - 12430 Michae Barrera Procurement and General Services Manager $402,065 TOTAL PRICE UNIT PRICE 0 t� N 11 0 tei N N CD m co N N O tl) CC)M CO M CV OS N O EEi N m 0 M Z 0 M I- V N • - N M H F- Q w cc ▪ co 2a. w O V) U TOTAL PRICE UNIT PRICE O O O� 0 c H� M O 11 •- N oo 0 6 on N UNIT PRICE TOTAL PRICE S N 0 Z co z C C L y Q CO ▪ O O a To a E a o1 s a Y H O 0 c0 0 0 °o 0 00 00 tci Cr) 0 0 DESCRIPTION N 111 If CC _ v a a c g 0. 1111 a i T3 Ec Etc w'a w -o 53 wZ 2.11Rental/Lease Tanker 2.21Saturday and after hour service 3.1 Saturday and after hour service 0 0 0 r Award Total 4 Requested Council Action: 2/13/07 Alternate Council Date: 2/20/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of eighty -four (84) traffic signal cameras from Texas Highway Products LTD, Round Rock, Texas, in accordance with the State of Texas Cooperative Purchasing Program in the amount of $73500. The traffic signal cameras will be installed in existing traffic control monitoring systems. Funds have been budgeted by the Street Department in FY06 -07. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Basis of Award: Funding: The traffic signal cameras will be used by the Street Department to monitor and control traffic signals at signalized intersections. The traffic signal cameras will be installed in existing traffic control monitoring systems. All are replacement units. The purchase is made available under the Texas Building and Procurement Commission Cooperative Purchasing Program. TBPC acts as a purchasing agent for participating members through the Enter-local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Street Department >201 30 -1 020 -12310 $73,500 Total: $73,500 _.J Michael-Barrera Procurement & General Services Manager ' / Z U > • 1- O -w O U-1 O _U UCLA r� 0 9 0 rte- < Z o O o W �D o E J N O 2° Z d L1.f O Z a Q rzomD E } Q E I- m 0 5 Requested Council Action 1/30/07 Alternate Date 2/13/07 kGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Hill Country Dairies, Corpus Christi, Texas in accordance with the Coastal Bend Council of Governments Bid Invitation No. CBCOG -07 -2 for 152,000 half — pint containers of low fat milk, based on low bid for an estimated twelve month expenditure of $28,880. The term of the contract shall be for twelve months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the supplier, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY06 -07. BACKGROU ND: Purpose: Award Basis: Funding: The milk will be used by Senior Community Services for the Elderly Nutrition Program. I he items are combined under a cooperative bid issued by the Coastal Bend Council of Governments (CBCOG). Participating members are comprised of the City of Corpus Christi, Community Action Corporation of South Texas (CACOST) of Alice, Falfurrias, and San Patricio, Aransas County, Bee County, Duval County, Kleberg C aunty. Live Oak County, Rural Nueces — Robstown, and Refugio C aunty Elderly Services. Low Bid Senior Community Services ENP 520070 -1067- 810807 MOW 520070 -1067 - 810507 Total: Mic:ael Barrera Procurement & General Services Manager $23,681.60 5,198.40 $28,880.00 COASTAL BEND COUNCIL OF GOVERNMENTS -MILK AND DAIRY PRODUCTS Senior Community Services Date: 1/15/07 Bid Invitation No. CBCOG -07 -02 Buyers Gina Sanchez $28,880.00 $32,680.00 HILL COUNTRY DAIRIES BORDEN COUNTY PRODUCT EST. UNIT UNIT TOTAL UNIT TOTAL QTY. PRICE PRICE PRICE PRICE Nueces- City of Corpus 1/2 pints Low Fat - 2% 152000 each 0.19 $28,880.00 0.215 $32,680.00 $28,880.00 $32,680.00 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 01/30/07 AGENDA ITEM: Resolution authorizing the submission of a grant application in the amount of $50,000 to the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $23,523, in -kind contribution of $746, for a total project cost of $74,269, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSUE: The problem of underage possession and consumption of alcoholic beverages in the City of Corpus Christi has been and continues to be of significant concem in the community. The program will address this problem and enhance the enforcement of underage drinking laws. REQUIRED COUNCIL ACTION: Approval to submit the grant application. FUNDING: Year Two of the funding provides for 840 overtime enforcement hours for officers to enforce the underage drinking laws. The Law Enforcement Trust Fund provides $23,523 for fringe benefits, training travel, printing, confidential funds and other costs for the education /prevention programs; in -kind contributions of $746 for fuel is provide from the 1020- 11720 Special Services budget. A 25% project "match" either by cash contribution or the value equivalent of in -kind contributions is required. CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant application. i' Brya P. Smith 74e Chief of Police BACKGROUND INFORMATION TABC is offering continuation funding for projects with the goal of increasing the State's ability to effectively enforce underage drinking laws and to prevent youth access to and illegal use of alcohol. In the past TABC has focused on the alcohol age -law enforcement effort. This year project applications should also involve the following components: • partnerships with multiple aspects of the community • partnerships with youth in planning and carrying out program activities • use of multiple fact -based strategies to reduce demand for and/or access to alcoholic beverages among underage youth in the impact area. • Underage drinking on and around college campuses Additionally each grant is asked to address one or more of the following: • Underage drinking in small towns or rural areas; and/or the • Underage drinking on and around college campuses Environmental approaches include efforts that seek to change policy; target enforcement efforts to identified problems; change the general attitudes of the public and retailers about underage drinking; and/or address retailer or other community-based practices encouraging underage drinking -to name a few. The Police Department has incorporated many of these elements into the grant application. Funds will be provided to support Operation Graduation and other student activities, freshman orientation, printed literature, and other events. Area school districts have provided letters of support for the grant activities and each has a portion of funds to be provided to their district for either new programs or enhancement of existing programs. Texas A&M University is also a participant in an effort to address the on campus issues of underage drinking. Other partnerships within the grant are: • Youth Continuum of Care Coalition (YCCCC) • Corpus Christi Youth Advisory Committee • Intergovernmental Commission on Drug and Alcohol Abuse — serves as the venue for monthly reporting of grant activities • Commission on Children and Youth • Crime Stoppers — provides a "party hotline" The enforcement element consists of overtime officers working in conjunction with TABC in the following areas: • Target establishments suspected of a pattem of violations of state laws • Inform both establishments and minors of the consequences of illegal sales and purchases; • Prosecute those who illegally sell and purchase alcoholic beverages. • Promote a strong and consistent message conceming the consequences of underage drinking RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION IN THE AMOUNT OF $50,000 TO THE STATE OF TEXAS, TEXAS ALCOHOLIC BEVERAGE COMMISSION, FOR THE FUNDING OF OVERTIME TO ENFORCE UNDERAGE DRINKING LAWS, TO PREVENT YOUTH ACCESS TO AND ILLEGAL USE OF ALCOHOL, AND PROVIDE FOR AN EDUCATIONAL PROGRAM WITH A CITY CASH MATCH OF $23,523, AND AN IN -KIND CONTRIBUTION OF $746, FOR A TOTAL PROJECT COST OF $74,269, AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. BE IT RESOLVED BY THE CITY COUNCIL OF THE Clilt OF CORPUS CHRISTI, TEXAS THAT; SECTION 1, The City Manager, or the City Manager's designee, is authorized to submit a grant application in the amount of $50,000 to the State of Texas, Texas Alcoholic Beverage Commission, for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $23,523, and an in -kind contribution of $746, for a total project cost of $74,269. SECTION 2. The City Manager or the City Manager's designee, may apply for, accept, reject, alter the terms and conditions, or terminate the grant, if said grant is awarded to the City SECTION 3. in the event of the loss or misuse of these funds, the City of Corpus Christi assures that the funds will be returned, in full, to the TABC. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Approved as to form VQK(/Q.1 Z T , 2007 Joseph Marney Assistant City Attorney For City Attorney 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 7 - CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 30, 2007 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO -OP), an outdoor recreation program for youth participating in the City's summer program. ISSUE: In order to apply for funding specified in the Community Outdoor Outreach Grant, the City Council must approve a resolution to submit a grant for the Community Outdoor Outreach Grant (CO-OP) funded by the Texas Parks and Wildlife Department. REQUIRED COUNCIL ACTION: Authorization to submit an application to the Texas Parks and Wildlife Department for the Community Outdoor Outreach Program (CO -OP) in the amount of $30,000. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Recreation Centers Division of the Corpus Christi Parks and Recreation Department recommends approval of request to submit grant application. Sally Gav , Director Parks an f Recreation Department Attachments: Grant Application Form Certification & Program Assurances Texas Parks & Wildlife Department TRPA - Community Outdoor Outreach Program Application Form SPONSOR NAME: City of Corpus Christi Parks and Recreation Department Physical Address: 1201 •_eopard Corpus Christi, TX 78401 Mailing Address (if different from above): P.O. Box 9277 Corpus Christi, TX 78469 Federal Tax !dentification Code: 74- 6000574 or 501 (C) (3 ! or (C) (4) exemption (please include tax number) Program Contact Person: Reba George Phone: 361- 826 -3157 E -mail Address: reoag ©cctexas.com Fax: 361 - 826 -3864 II. PROJECT NAME: Escape Outdoors! 111 SPONSOR LOCATION: City & Count, Corpus Christi, Nueces County F State Legislative District Numbers: Legislative Representation 'rage Attacrrea 1 Congressiona 27 2 Texas Senate: 20 3. Texas House: 34 V. FUNDS REQUESTED: Sponsor- $10 000 (your cash, volunteer and in -kind resources) E State $30,000 (funding being requested from TPWD) Total Project $40,000 (total outlay of funds and resources by all parties; A + B) Tc the best of my knowledge and belief, all documentation in this application is true and correct, the application has been auly authorized by the governing body of the sponsor, and the sponsor agrees to comply with all program rules and procedures if grant assistance is awarded. Signature of Official in Resolution (must be signed and dated) George K. Noe, City Manager 361- 826 -3222 Typed Name, Title and Telephone Number 8 Date Texas Parks & Wildlife Department TRPA - Community Outdoor Outreach Program Applicant's Certification & Program Assurances (Must be signed/dated by same person who signed resolution.) As the duly authorized representative of the sponsor I certify that the sponsor: Has the required "seed" funds or resources available and sufficient for the project as required. Has the legal authority to apply fcr Outreach assistance and the institutional, managerial and financial capability to ensure proper planning, management anc completion of the project described in this application. Nil give the State of Texas, hereafter referred to as "State" through any authorized representative, access to and the right to examine all records. books papers. Y. documents related to the assistance; and will establish a proper accounting system n accordance with general y accepted accounting standards or agency directives. "Jik provide and maintain competent and aaequate supervision at the project site to ensure that the ccmpletec 'Ntirk ; ` . - - the protect agreement. Nil ;: nish quarterly progress reports and such other information as may be required by the Department. n tiate and complete the work within the applicable time frame after receipt of approval from the Department. Nif establish safeguards to prohibit employees and volunteers from using their positions for a purpose that constitutes or presents the appearance of persona or organizational conflict of nmterest or personal gain. Nil «,crrtply with all State and Federal statues relating to non - discrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 964 (P ._. 88 -352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1_972. as amended (20 U.S.C. §§ 1681 -1683, and 1685 -1686) which prohibits discrimination or the basis of sex. (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794) which prohibits discrimination on the basis of nancicaps; (d) the Age Discrimination Act of 1975, as amended (42 U.S.C. §§ 6101 - 61C) which prohibits discrimination an the basis of age: (e) any other non - discrimination provisions in the specific statutes) under which application , TRPA assistance is being made. and (f) the requirements of any other non - discrmr;nation statute(s) wh ch may amply tc the application iVil .c^�pi� w th all applicable reg,,irerrents all other State and Federal laws, regulations and policies governing this program. As trio du , authorizec representative of he sponsor I cerify that the sponsor agrees to all stipulations in the Applicant's Certification & Program Assurances. .,it, Of Corpus Christi Parks and Recreation Deoartment Escape Outdoors! Sponsor Narre Project Name George K. Noe, City Manager Signature o Official in Resolution Print or Type Name and Title of Official Date Must be signed and dated. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $30,000 TO OPERATE THE COMMUNITY OUTDOOR OUTREACH PROGRAM (CO -OP), AN OUTDOOR RECREATION PROGRAM FOR YOUTH PARTICIPATING IN THE CITY'S SUMMER PROGRAM BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to submit a grant application to the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO -OP), an outdoor recreation program for youth participating in the City's summer program. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions of, or terminate the grant, if awarded to the City. ATTEST: Armando Chapa City Secretary APPROVED: January 17, 2007 Doyle Curbs Chief, Administrative Law Section Senior Assistant City Attomey For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H: LEG- DIR1OlgaRlDoyk \Resolu.tioM07011TDC.TxParks. Wildlife. CommOut. doorOut .reachPrgm.YouthSumr.Prgm..doc Page 2 of 2 Corpus Christi. Texas day of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott H:' ,LEG- DIR\OIgaR;DoylalResoiu.don \07.0? 17DC.TxParks. Wildlife. CommOut. doorOut .reachPrgm.YouthSumr.Prgm..doc 8 AGENDA MEMORANDUM Date: January 30, 2007 SUBJECT: Appropriation of Donation for Library AGENDA ITEM: Ordinance appropriating $8,000 into the Library CIP Fund no. 3210 for improvements to the Parkdale Branch Library from the William. T. Neyland Estate; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $8,000; and declaring an e=nergenc v. ISSUE: This grant augments the funds received from the William T. Neyland Estate and other contributions designated for improvements to the Parkdale Branch Library. The Council previously appropriated $988,675.32 from the Neyland Trust and other private donations for improvements to the Parkdale Branch Library. The total available for improvements to Parkdale with this appropriation will be $996,675.32. PRIOR COUNCIL ACTION: Resolution No. 026056 (December 14. 2004) accepting a cash distribution from the William T. Neyland Estate Ordinance No. 026128 ;January 25, 2005) appropriating up to $600,000 from William T. Neyland Estate into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library Resolution No. 026129 (January 25. 2005) authorizing the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library" upon completion of improvements to the facility Resolution No. 026752 (April 2f. 2006) amending Resolution No. 026056 to authorize City Manager or designee to determine whether to retain or sell the library's beneficial mineral interest as bequeathed to library by the Last Will and Testament of William T. Neyland. Resolution No. 026833 (June 27, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides the City with $55,000 for improvements to the Parkdale Branch Library. Ordinance No. 026834 (.tune 27, 2006) appropriating $257,353.70 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $'87,458.57 from the William T. Neyland Estate; $55,000 from the Friends of Corpus Christi Public Libraries; and $14.894.13 from unappropriated interest earnings from the Library CIP Fund No. 1210 for Parkdaie librar\ improvements. SUBJECT: Appropriation of Donation for Library Page Two Resolution No. 026941 ; August 29, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements to the Parkdale Branch Library. Ordinance No. 026942 August 29. 2006) appropriating $4,492.87 from the Corpus Christi Public Library Foundation, Inc. into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library amending the FY 2005 -2006 Capital adopted by Ordinance No. 026188 to increase appropriations by $4,492.87, Resolution No. 027106 (January 16, 2007) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides $101 ,000.00 to the City for improvements to the Parkdale Branch Library. Ordinance No. 027107 (January 16, 2007) appropriating $131,750.32 into the Library CIP Fund nu 3210 for improvements to the Parkdale Branch Library, Janet F. Harte Public Library and the Bell Children's Library at the Central Library from the following sources: $101,000 from the Friends of Corpus Christi Public Libraries for the Parkdale Branch Library; $25,828.75 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Parkdale Branch Library; $3,119.47 from anappropriated interest earnings from the Library CIP Fund No. 3210 for the Janet F. Harte Public Library; $1,802.10 from unappropriated interest earnings from the Library CIP Fund no. 3210 for the Bell Children's Library at the Central Library; amending FY 2006 -200- Capital Budget adopted by ■ Ordinance No. 026997 to increase appropriations by $111,750,32; and declaring an emergency. RECOMMENDED COL NCIL ACTION: Staff recommends approval of Gift Agreement and appropriation of funds. Herb Canales Director of Libraries AN ORDINANCE APPROPRIATING $8,000 INTO THE LIBRARY CIP FUND NO. 3210 FOR IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY FROM THE WILLIAM T. NEYLAND ESTATE; AMENDING FY 2006 -2007 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026997 TO INCREASE APPROPRIATIONS BY $8,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $8,000 is appropriated into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the William T. Neyland Estate. SECTION 2. That the FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 is amended to increase appropriations by $8,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 30th day of January, 2007. ATTEST- Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor APPROVED AT TO FORM: January 19, 2007 Wendy E. = gden Assistant City Attorney For City Attorney 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, Council Members Henry Garrett Mayor 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 9 AGENDA MEMORANDUM City Council Action Date: January 30, 2007 SUBJECT: Oso Water Reclamation Plant Landscape Improvements (Project No. 7350) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Fox Tree and Landscape Nursery of Corpus Christi, Texas, in the amount of $264.102.50 for the Oso Water Reclamation Plant Landscape Improvements for the Base Bid and Additive Alternate AA -1. ISSUE: Many of the Wastewater Department's facilities, while functional, do not adequately blend in with the decor of their locations. This project at the Oso Water Reclamation Plant will provide for aesthetic improvements via architectural facades and landscaping to minimize the plant's industrial appearance and increase public acceptance. The project has bid and is ready to be awarded, which requires Council approval. FUNDING: Funds for this project are available from the FY 2006 -2007 Wastewater Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. 3 /c, t.e.tioid 0.3/0Foster Crowell A el R. Escobar, P.E. rector of Engineering Services Director of Wastewater Services AddinalISupport Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit `C" Project Budget Exhibit "D" Location Map HAHOME1Richelle4GEMWastewater .'350 -0sc - andscape \Cor suct:or Agenda Memo. doc AGENDA BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Landscape Improvements (Project No. 7350) PROJECT DESCRIPTION: The proposed project consists of a Base Bid and one (1) Additive Alternate. P Base Bid: Landscaping and irrigation improvements to the Oso Water Reclamation Plant (501 Nile Drive) including the installation of Texas Sabal Palms, Mexican Fan Palms, Lantana, Murly Grasses, Mexican Petunias, Turks Caps, Oleanders, Barbados Cherry, Butterfly Weed Natal Plum, Bougainvillea and native trees. Other improvements include the installation of purple - colored PVC irrigation piping, remote controlled valves sprinkler heads and the installation of bored sleeves under pavements. Excavation and backfill, planting mix installation, top dressing with mulch and gravel on landscape fabric, edging, hydroseeding, berming and grading for the plantings is also required. Additive Alternate item AA -1: Provides for landscaping and irrigation maintenance for the period of one (1) year after final acceptance; all work will be in accordance with the plans specifications and contract documents. BID INFORMATION: The City received proposals from one bidder on January 17, 2007 (see Exhibit "B" Bid Tabulation). The consultant (Gignac Landscape Architecture) and City staff recommend that the construction contract be awarded to Fox Tree and Landscape Nursery of Corpus Christi, Texas, in the amount of $264,102.50 for the Total Base Bid and Additive Alternate No. AA -1. CONTACT TERMS: The contract specifies that the project will be completed in two phases for a total of 90 calendar days, with completion anticipated by January 2008. Phase 1 installation is 60 calendar days and the contractor will suspend installation work when that phase is completed for approximately 8 months to allow for the construction of an 8- foot high decorative masonry fence (by separate contract). However, landscaping and irrigation maintenance of Phase 1 will continue during this time as provided for in the base bid. Phase 2 installation will be 30 calendar days upon remobilization. After Phase 2 installation is complete, a final acceptance inspection for Phase 1 and Phase 2 work will take place and the Additive Alternate item for one year of landscape and irrigation maintenance is estimated to begin January 2008 through January 2009. PRIOR COUNCIL ACTION: 1. July 25, 2006 — Ordinance adopting the City of Corpus Christi Budget for the ensuing Fiscal Year beginning August 1, 2006; to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 026908) PRIORADIIISTRATIVE ACTION: 1. June 5, 2006 - Executed small A/E agreement for professional consultant services with Gignac Landscape Architecture in the amount of $22,250 for the Oso WRP Landscape Improvements. 9H0MEIRachelle*EMWastewate07 350 -0so Landscape1Conss- uctiomAgenda Background aoc PROJECT BACKGROUND: Many of the Wastewater Department's facilities, while functional, do not adequately blend in with the decor of their locations. This project at the Oso Water Reclamation Plant will provide for aesthetic improvements via architectural facades and landscaping to minimize the plant's industrial appearance and increase public acceptance. Current funding will provide for site improvements at the Oso WRP to coordinate with the Spur 3 street improvements project and the proposed Homeland Security improvements at the Oso WRP. NOME'.RacheiaMGENlWastewater∎ '350 -Oso l: andscape■ConstrjcticnWgenda Background doc EXHIBIT "A" Page 2 of 2 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS Tabulated By: Robert Gignac, A.S.L. A. Bid Date: January 17, 2007 • .- _. OSO WRP LANDSCAPE IMPROVEMENTS (Project No. 7350) ".y...00. o wunlata• 44U0,04r FOX TREE & LANDSCAPE NURSERY, INC. 5949 LaCoste Dr. C.C. Texas 78414 DESCRIPTION QTY. UNIT UNIT PRICE AMOUNT BADE BID A A-1 Mexican Fan Palm 8' Trk.Ft. 28 EA 200.00 $5,600.00 A-2 Australian Pines Trees, 2" 23 EA 150.00 $3,450.00 A_3 Live Oak Trees, 45 gal 7 -' 250.00 $1,750.00 A-4 Live Oak Tree. 65 Gal. 1 EA 500.00 $500.00 A_5 Anacua Tree, 3" Caliper 9 EA 200.00 $1,800.00 A.6 Hackberry Tree, 3" Caliper a EA 200.00 $1,600.00 A_7 Texas Persimmon Tree, 3" Caliper 7 EA 200.00 $1,400.00 A-8 Wild Olive Tree, 3" Caliper 11 EA 300.00 $3,300.00 A-g Texas Sabal Palms, 5' Trk.Ft 13 EA 250.00 $3,250.00 A -10 Hardy Red Oleanders, 5 Gallon 70 EA 25.00 $1,750.00 A -11 Weeping Red oleander 5 Gallon 82 EA 25.00 $ 675.00 A_12 Bougainvillea, 3 Gallon 27 EA 25.00 $675.00 $ A -13 Barbados Cherry, 3 Gallon 245 EA 25.00 $6,125.00 A -14 Butterfly Weed, 1 Gallon 530 EA 6.00 $3,180.00 A -15 Mexican Petunia, 1 Gallon 400 EA 6.00 $2,400.00 A -16 Gulf Murly Grass, 1 Gallon 2,395 EA 6.00 $14,370.00 A -17 Texas Lantana, 1 Gallon 725 EA 6.00 $4,350.00 A -18 Turks Cap, 3 Gallon 51 EA 25.00 $1,275.00 A -19 Mesquite Trees, 3" Caliper 13 EA 250.00 $3,250.00 A -20 Natal Plum, 1 Gallon 320 EA 7.00 $2,240.00 A-21 New Gold Lantana, 1 Gallon 14 EA 7.00 $98.00 A_22 Pampas Grass, 5 Galion 39 EA 25.00 $975.00 A -23 Landscape fabric 28,600 SF 0.25 $7,150.00 A_24 Planting Mix 220 CY 50.00 $11,000.00 A -25 Mixed gravel, 2 "-4 ", 4" thick 340 CY 78.00 $26,520.00 A_28 Top Soil for berming 668 CY 30.00 $20,040.00 q_27 Bend A Board, 2 "x6" 1,840 LF 7.00 $12,880.00 A_g8 Nydrcsseeding & 2" of top soil 25,250 SF 0.12 $3,030.00 A_29 4" of cypress mulch for existing trees 2,550 SF 0.75 $1,912.50 A -30 Trimming & pruning of existing plant material 1 LS 3,000.00 $3,000.00 A -31 Tree and oleander removal 1 LS 3,500.00 $3,500.00 A-32 Non Potable water point of connecton including tap, existing SDR, connect to new sch 40 PVC with gate valve 1 LS 1,980.00 $1,980.00 A-33 Filter w /shutoff valve and fittings 1 EA 2,745.00 $2,745.00 A-34 2" control valve. w /laterals, valves boxes & fittrnis 16 EA 1,315.00 $21,040.00 A_35 1 112" remote control valve w /laterals 2 EA 1,563.00 $3,126.00 A-36 1" remote control valve w/ laterals 1 EA 1,204.00 $1,204.00 A -37 Rotary sprinkler head w /swing joints & fittings 290 EA 41.00 $11,890.00 A_3B 6" sch 40 bored sleeve 50 LF 43.00 $2,150.00 A -39 4" sch. 40 bored sleeve 24 LF 24.00 $576.00 A-40 3" sch. 40 mainline 1 ,780 LF 5.40 $9,612.00 A-41 24 station irrigation controller w /rain sensor dernglition of existing irrigation controller 1 EA 2,100.00 $2,100.00 A-42 OF 14 Gauge wire 15,525 LF 0.16 $2,484.00 A-43 System pressure testing 1 LS 3,045.00 $3,045.00 TABULATION OF BIDS DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS A-44 Quick coupler valve wiswing joint, fittings & valve box 10 EA 168.00 $1,680.00 A-45 Quick coupler removable valve key w /swivel hose ell 3 EA 175.00 $525.00 A -46 Potable water point of connection ncluding 2" irrigation meter mainline. irrigatior booster pump, back flow, fittings & gate vaives 1 LS 12,325.00 $12,325.00 A-47 Interim landscape & irrigation maintenance (between phase 1 move out and phase 2 move in) to include mowing, weed control, edging, watering, irrigation system monitoring, litte' & debris control, per month 6 per /mths 1,800.00 $10,800.00 A-48 Landscape & irrigation allowances for future marry wall off -sets 1 LS 7,500.00 $7,500.00 A,;g Mobilization for phase I! 1 LS 500.00 $500.00 TOTAL BASE BID A $249,702.50 ADDITIVE ALTERNATE AA -1 AA -1 One Year Landscape & Irrigation maintenance for 12 see bid 1 LS 14,400.00 $14,400.00 TOTAL ADDITIVE ALTERNATE AA -1 $14,400.00 BID SUMMARY Total Base Bid A (Items A -1 through A-49): $249,702.50 Additive Alternate AA -1 (Item AA -1): $14,400.00 TOTAL: $264,102.50 $ 338,691.75 1 OSO WATER RECLAMATION PLANT LANDSCAPE IMPROVEMENTS (PROJECT NO. 7350) PROJECT BUDGET January 30, 2007 FUNDS AVAILABLE: ESTIMATED BUDGET (Wastewater CIP Fund FUNDS REQUIRED: EXHIBIT "C" Page 1 of 1 Construction Cost (Fox Tree & Landscape Nursery) $ 264,102.50 Construction Contingencies 26,410.25 A/E Consultants (Gignac Landscape Architecture) 22,250.00 Construction Ins•ection 10,564.00 Engineering Reimbursements 10,724.00 Finance Reimbursements 2,641.00 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 338,691.75 EXHIBIT "C" Page 1 of 1 411111 Ti.3111S \Mproject \ CouncilExh \exh7350. dwg 10 AGENDA MEMORANDUM AGENDA ITEM: January 30, 2007 a Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Nasser Farahnakian, owner and developer of Lot 1, Block 1, Sunrise Business Park located south of SH 44 access road and west of Clarkwood Road for the installation of 544 linear feet of 10 -inch over -size, over -depth PVC sanitary sewer collection line; and b Ordinance appropriating $29,314.80 from the Sanitary Sewer Collection Line Trust Fund No. 540450 - 21801 -4220 to pay Nasser Farahnakian, for the installation of 544 linear feet of 10- inch over -size, over -depth PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Lot 1, Block 1 Sunrise Business Park; and declaring an emergency. ISSUE: Nasser Farahnakian, owner and developer of Lot 1, Block 1, Sunrise Business Park, will start the installation of a 10 -inch over -size, over -depth PVC sanitary sewer collection line extending approximately 544 linear feet to the west, along SH 44 access road, from an existing manhole located near the intersection of SH 44 access road and Clarkwood Road and terminate at a proposed manhole located near the west property line of Sunrise Business Park once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Sanitary Sewer Collection Line Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Deborah A. Marroquin, P. Interim Director of Development S ices Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map /Schematic Reimbursement Estimates Application for Sewerline Reimbursement Application for Sewerline Credit Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SU T: Sanitary Sewer Collection Line Reimbursement for Lot 1, Block 1, Sunrise Business Park BACKGROUND: The development and platting of Lot 1, Block 1, Sunrise Business Park located south of SH 44 access road and west of Clarkwood Road (Exhibit B, pg. 1) required the installation of 544 linear feet of an 8 -inch sanitary sewer collection line. The City and the developer agreed that an oversize, over -depth 10 -inch Sanitary Sewer Collection Line should be installed instead of the required 8 -inch line. The sanitary sewer collection line extends 544 linear feet to the west along SH 44 access road, from an existing manhole located near the intersection of SH 44 access road and Clarkwood Road and terminates at a proposed manhole located near the west property line of Sunrise Business Park (Exhibit B, pg. 2) The 10 -inch sanitary sewer collection line is consistent with the Wastewater Collection System Master Plan, Allison W. WT. P. Service Area. The 10 -inch sanitary sewer collection line, as proposed, will be of sufficient depth and slope to serve future development along SH 44 access road. The 10 -inch sanitary sewer collection line is required to provide sanitary sewer service to Lot 1, Block 1, Sunrise Business Park and is eligible for reimbursement as a sanitary sewer collection line in accordance with the Platting Ordinance. The developer has submitted application for sewer line reimbursement and a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement (Exhibit F) with supporting documentation in compliance with provisions of the Platting Ordinance. The Application for Sewer Line Reimbursement and supporting documentation is attached (Exhibit D) in accordance with the reimbursement criteria in the Platting Ordinance, the development of Lot 1, Block 1, Sunrise Business Park is eligible for a maximum reimbursement equivalent to 50% of the mathematical product obtained by multiplying the pipe diameter in inches by the fee value of the property. The fee value is 5.739 acres x $1277.00/acre = $7.328.70 and the average pipe diameter in inches is 10- inches. Therefore, the maximum reimbursement is ($7 328.70 x 10) x 50% = $36 643.50. The developer submitted a construction cost estimate of $153,744.80 (see Exhibit C, pg. 1) for 544 linear feet of an on -site, over -size, over - depth, 10 -inch PVC sanitary sewer collection line to meet City requirements and a construction cost estimate of $66,645.21 (see Exhibit C, pg. 2) for 544 linear feet of a normal size and depth 8 -inch PVC sanitary sewer collection line to meet the Developer's requirements. The total reimbursement to the developer for the cost of the on -site 10 -inch sanitary sewer collection line is the difference in cost between a 10 -inch and an 8- ncn sanitary sewer collection line or $87..099.59 (see Exhibit C, pg. 3), which is the difference between these costs ($153 744 80 - $66,645.21). The difference in construction cost is greater than the maximum reimbursement. The Developer is eligible for only the maximum reimbursement, which is $36,643.50. The developer submitted an Application for Sewer Line Credit (Exhibit E), which allows the Developer to deduct the $7, 328.70 wastewater acreage fee from the reimbursement and receive a credit for the wastewater acreage fee that is applied to the wastewater acreage fee during final plat recordation. The wastewater acreage fee subtracted from the maximum reimbursement s $29.314.80 ($36,643.50 -$7 328.70 = $29,314.80). Reimbursement is payable upon completion and acceptance of the sanitary sewer collection line work with the actual eimbursement based on the maximum reimbursement and not to exceed $29,314.80. 1 of 1 Exhibit A *-7'. _ ) I--- w w 5 I- BUS+N SS STA r,GHW -v CNI 2 0 O - Y I- RIS AVENUE w w ir; 1- 7, =KLUND AVENUE cc w a M N U NEW STATE HIGHWAY 44 LOCATION MAP 600 300 7' 300 600' GRAPHIC SCALE: 1-.000' C ARKWOOD RD ( w w F— BARK STREET z _ —J NEEDLE STREET REIMBURSEMENT EXHIBIT SUNRISE BUSINESS PARK LOT 1, BLOCK 1 CLARKWOOD ROAD (FM 2292) PUBLIC WASTEWATER SYSTEM IMPROVEMENTS EXHIBIT "A" 1 OF 2 CA -E. C CPC Jl? 4 Exhibit B Page 1 of 2 Coym, Rehmet @t Gutierrez B.giwerio` , L.P. 5856 South Staples, Suite 230 Corpus Christi, Texas 78411 Phone (361) 991 -8550 Fax 993 -7569 E-Mail crgetagei.cam U 4 8w d` z ni t9 r IIV x � Q w3 Z6ZZ WA) as aOOMUlavio W � n U cn U_ Z 0. (7 CONSTRUCTION NOTES LEGEND WASTEWATER: EXISTING WASTEWATER MANHOLE PROPOSED WASTEWATER MANHOLE 000• 1 1 Vi ^ W F z Jili �U �W4ao�l a ��'aa w W rzE" °oh zw .9 Cid C4 p4 a U3 U a ata a v 0O Z 0 Z W I Y X Q J W O m -, Q' 0 = z� W az 11 U-I Q Z Q CC U 0 Z W Z N - T U U 3 z it W O m? J I-_ Z N ,- CO W Q O> 3wm ^N Z cc La�8z2�zzo 3�p -2 W17.=o !SEna Z L5X W W ;w w�¢W E8 3 W U Q¢° O a �'WF� Z~' • O J Zp ~ O Z Z d • ?Q U _j (OU 11 a� Q O) W W Z > O \O \ [O CO LX Q d N if) Q f— N st- 0 M Ki N Q O _ ® O o i- 1 0Z of CO ONE J W W O Q W >J Exhibit B Faae 2 of 2 REIMBURSEMENT ESTIMATE OVER -SIZE, OVER DEPTH SANITARY SEWER COLLECTION LINE TO MEET CITY REQUIREMENTS PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 DATE: 1/11/2007 JOB NO. 9917C Item DESCRIPTION Quantity Unit Unit Price Total A. TEMMTER IMPROVEMENTS • RehabilitateExisting Wastewater Manhole 8 Connect Proposed 10 -Inch ASTM D -3034 PVC Wastewater Line by Boring 8 Jacking 20 L.F. of min 16 -Inch Dia. x 5116 -Inch Steel Casing Up 'c and Adjacent to Existing Wastewater Manhole. a 1 L.S. $18,200.00 $18,200.00 2 10 -Inch ASTM D -3034 PVC Wastewater Line (14' - 16' Cut) 544 LF $84.00 $45,696.00 3 5' Manhole (14' - 16' Cut) 4 EA $10,900.00 $43,600.00 4 Pteposed 2 L.F 10 -Inch ASTM D -3034 PVC Wastewater Stub -Out Plug End Watertight 1 EA $900.00 $900.00 5 W`stewattlr Line Embedment (All Depths) 544 L.F. $14.00 $7,616.001 6 OSHA Trench Protection (All Depths) 544 L.F. $4.00 $2,176.00 7 Single, Far Side, Wastewater Sewer Connection 1 EA. $1,850.00 $1,850.0L SUB -TOTAL $120,038.00 B. MISCELLANEOUS 1 SWPPP 1 LS $1,000.00 $1,000.04 2 Traffic Control Plan 1 LS $1,000.00 $1,000.00 SUB -TOTAL $2,000.0( CONSTRUCTION TOTAL $122,038.00 C. Aa11NISTRATIVE 1 Engineering 1 LS $13,162.00 2 Construction Staking 1 LS $2,500.00 3 G.Otechnical Report 1 LS $2,06800 ADMIN TOTAL $17,731N SUB -TOTAL $139,768.00 10% CONTINGENCY $13,976.80 TOTAL COST $153,744.80 Maximum Reimbursement Allowed: 50% (Acres x Fee Value x Pipe Diameter) 0.80 (5.739 ac ($1,277.00/ac.) x 10) _ 336,643.50 Tt*refore, maximum reimbursement is 336,643.50 Exhibit C Page 1 of 3 REIMBURSEMENT ESTIMATE NORMAL -SIZE, NORMAL DEPTH SANITARY SEWER COLLECTION LINE TO MEET DEVELOPER REQUIREMENTS PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 DATE: 1/22/2007 JOB NO. 9917C Item DESCRIPTION Quantity Unit Unit Prig Total A. WASTEWATER IMPROVEMENTS Rehabilitate Existing Wastewater Manhole & Connect Proposed 8- Inch ASTM D -3034 PVC Wastewater Line by Boring & Jacking 20 L.F of a min 18 -Inch Dia. x 5/16 -Inch Steel Casing Up To and Adjacent to Existing Wastewater Manhole. 1 L.S. $10,000.00 $10,000.00 2 8 -Inch ASTM D -3034 PVC Wastewater Line (4' - 6' Cut) 544 LF $27.00 $14,688.00 3 4' Manhole (4' - 8' Cut) 4 EA $3,100.00 $12,400.00 4 F 10 -Inch AS 1 M D- s034-PVt wastewater Stub - uu Pig End Watertight 1 EA S900.00 $900.00 5 Wastewater Line Embedment (All Depths) 544 L.F. $14.00 $7,616.00 6 OSHA Trench Protection (All Depths) 544 L.F. $4.00 $2,176.00 7 Single, Far Side, Wastewater Sewer Connection 1 EA. $1,850.00 $1,850.00 SUB -TOTAL $49,630.00 B. MISCELLANEOUS 1 SWPPP 1 LS $1,000.00 $1,000.00 2 Traffic Control Plan 1 LS $1,000.00 $1,000.00 SUB -TOTAL $2,000.00 CONSTRUCTION TOTAL $51,630.00 C. ADMINISTRATIVE 1 Engineering 1 LS $4,388,55 2 Construction Staking 1 LS $2,500.00 3 Geotechniwl Report 1 LS $2,068.00 ADMIN TOTAL $8,956.55 SUB -TOTAL $60,586.55 10% CONTINGENCY $6.058.86 TOTAL COST $66,645.21 Maximum Reimbursement Allowed: 509E (Acres x Fee Value x Pipe Diameter) 0.50 (5.739 ac ($1,277.00/ac.) x 10) _ $36,643.50 `ThSrefore, maximum reimbursement is $36,643.50 Exhibit C Page 2 of 3 Coym, Reihmet and Gutierrez Engineering, L.P, REIMBURSEMENT ESTIMATE DIFFERENCE BETWEEN OVER -SIZE, OVER DEPTH SANITARY SEWER COLLECTION LINE AND NORMAL -SIZE, NORMAL DEPTH SANITARY SEWER COLLECTION LINE PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 SUMMARY OF REIMBURSEMENT DATE: 1/23/2007 JOB NO. 9917C Construction Cost Estimate for Oversize & Overdepth I Wastewater System improvements Proposed Wastewater System Improvements Using A Proposed 10 -Inch Wastewater Gravity Line Installed At a Depth Ranging From 14' - 16' Proposed Wastewater System Improvements Using a Proposed 8-Inch Wastewate Gravity Line Proposed At a Depth Ranging From 4' - 6' Deep difference Between City Required Improvements & Developer Requirements $ 153,744.80 ($66,645.21) $87,099.59 Maximum Reimbursement Allowed. !6 {Aav x�Fee Value x Pipe Diameter) (5.r$ ac ($1,277.0 c.) x 10) _ $36,643.50 Wore, maximum reimbursement is $36,643.50 Credit for Wastewater Acreage Fees Net Reimbursement Amount: $ 36,643.50 $ (7,328.70) $ 29,314.80 I Exhibit C Page3of3 APPLICATION FOR SEWERLINE REIMBURSEMENT I, Nasser Farahnakian, owner and developer of the proposed Sunrise Business Park Lot 1, Block 1 Subdivision, hereby request reimbursement of 530,864.35 for the installation of the sanitary sewer (trunk line) (collection line) in conjunction with Sunrise Business Park Lot 1, Block 1 Subdivision, as provided for by City Ordinance No. 17396. Said $29,314.80 is the construction cost, including Engineering, in excess of the lot /acreage fee, as shown by the cost supporting documents attached herewith. Nasser Farahnakian (Date) THE STATE OF TEXAS § COUNTY OF NUECES § Nasser Farahnakian, a sole proprietor, personally appeared before me, and declared that he signed the application in the capacity designated, and further states that he has read the above application and the statements therein contained are true. This instrument was acknowledged before me on CERTIFICATION PP,M j. KIRKLAND Norary Public Stag or Texa , , yCon,,nission Expires Jr JU 07 2008 2007, by Nasser Farahnakian. 1 Notary Public in : 'd for Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to (a) sufficiency of funds in the (Trunk Line) (Collection Line) Trust Fund, and (b) appropriation and approval by the City Council. .�,...� / -z4 -07 ev; . pment Services Engineer (Date) IExhibit D I Paae 1 of 1 APPLICATION FOR SEWERLINE CREDIT 1, Nasser Farahnakian, owner and developer of the proposed Sunrise Business Park, Lot 1, Block 1 Subdivision, hereby apply for a S7,328.70 credit towards the sanitary sewer lot/acreage fee for the sanitary sewer (trunk line) (collection line) extension installed in conjunction with Sunrise Business Park, Lot 1, Block 1 Subdivision as provided for by City Ordinance No. 17396. Said $7,328.70 is a portion of the construction cost, including Engineering, as shown by the cost supporting documents attached herewith. /tic? 55E7- j- 11 -07 Nasser Farahnakian (Date) THE STATE OF TEXAS § COUNTY OF NUECES § Nasser Farahnakian, a sole proprietor, personally appeared before me, and declared that he signed the application in the capacity designated, and further states that he has read the above application and the statements therein contained are true. This instrument was acknowledged before me on / 1 �t !2 , 2007. Nasser Farahnakian. • ' ' ' Notary P ublic . PAMELA J. KI :e tate of Texas . ' +f n cmmmssto, Expires Notary Public in an&Thr Nueces County, Texas h oe U? '008 CERTIFICATION The information submitted with this application has been reviewed and determined to be correct and a credit off71 3,28.75 is herewith approved. l 2� —67 opment Services Engineer (Date) Exhibit E Page 1 of 1 SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi (hereinafter "'City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469- 9277, and Nasser Farahnakian. 6149 Lemans Drive, Corpus Christi, Texas 78414 (hereinafter "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, is developing a tract of land totaling approximately 5.739 acres called Lot 1, Block 1, Sunrise Business Park, located south of SH 44 access road and west of Clarkwood Road, as shown in the attached Exhibit 1 WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements in accordance with City approved construction plans and specifications; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a sanitary sewer collection line extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a sanitary sewer collection line extension WHEREAS, it is essential that the sanitary sewer collection line extension be constructed in connection with the development for service to be provided upon completion of the development; WHEREAS, it is in the interest of the City and the Developer for the 10 -inch collection line to be constructed along with the Developer's project at this time; NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1 REQUIRED CONSTRUCTION The Developer shall construct the 10 -inch PVC sanitary sewer collection line needed for Sunrise Business Park in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. Exhibit F 1 of 6 PLANS AND SPECIFICATIONS a The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 10 -inch PVC sanitary sewer collection line, as shown in Exhibit 2, with the following basic design (1) Rehabilitate Existing Manhole. (2) Install 20 linear feet of 16 -inch Steel Casing. (3) Install 544 linear feet of 10 -inch PVC Wastewater Line. (4) Install 4 (four) 5 -foot diameter Manholes. (5) Install Wastewater Stubout and Plug. (6) Install 544 linear feet Wastewater Line Embedment. (7) Install 544 linear feet of OSHA Trench Protection. (8) Install 1 (one) Single, Far Side, Wastewater Service Connection. The sanitary sewer collection line extends 544 linear feet to the west along SH 44 access road, from an existing manhole located near the intersection of SH 44 access road and Clarkwood Road and terminates at a proposed manhole located near the west property line of Sunrise Business Park. b The plans and specifications shall comply with City Standard Wastewater Detail Sheets and Standard Specifications. Before the Developer begins construction, the plans and specifications must be approved by the City's Development Services Engineer. 3 SITE IMPROVEMENTS Prior to construction of the 10 -inch sanitary sewer collection line, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 10 -inch sanitary sewer collection line. 4 DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 10 -inch sanitary sewer collection line shall be constructed, in accordance with the approved plans and specifications, and completed by January 31, 2008. 5 TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 2 of 6 6 DEFAULT The following events shall constitute default: a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70tn calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before January 31, 2008. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 7 THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 8 PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. 9 NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such 3 of 6 obligation or duty. and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. Notice required by the paragraph may be by United States Postal Service. First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. The provision for notice and cure contained herein shall not apply to a default under paragraph 6 hereinabove. 10 WARRANTY Developer shall fully warranty the workmanship of and function of the sanitary sewer gravity trunk main, sanitary sewer trunk force main, and lift station and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 11 REIMBURSEMENT a. The City will reimburse the Developer 100% of the cost of the 10 -inch sanitary sewer collection line, not to exceed $29.314 80. See Cost Estimate attached hereto as Exhibit 3 b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 10 -inch sanitary sewer collection line by the professional engineer hired by the Developer 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 10 -inch sanitary sewer collection line construction. 14 This agreement is a covenant running with the land, Lot 1, Block 1, Sunrise Business Park, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 15 DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 4. 16. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. 4 of 6 EXECUTED IN DUPLICATE originals, this day of 2007. ATTEST CITY OF CORPUS CHRISTI By: Armando Chapa, City Secretary George K. Noe, City Manager APPROVED: .-2v - day of ,k.,, By: Pt& G ry VV. Smith Assistant City Attomey for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES , 2007% This instrument was acknowledged before me on , 2007, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 5 of 6 DEVELOPER: Nasser Farahnakian By' A10140#1— Nasser Farahnakian THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on Nasser Farahnakian. Notary Pub110 tate of Texas MELM Ctate r,( Texas °tar PUbIjr v Comm■Jsion Expires June 2008 6 of 6 2007, by BUSINESS STA—E HIGHWAY 44 !IRIS AVENUE I-- x w w :71 cc - i- cry 7, EKLJND AVENUE Es. f , cn m 1 x 0 u NEW STATE HIGHWAY 44 LOCATION MAP 300 300' 60(7 GRAPHIM1111.11.1111.1111.17111"1"11.M.MIIMIT RK WOO[ w CC z BARK STREET z NEEDLE STREET DATE: 31 -O9 -07 CRG JOB # 491 REIMBURSEMENT EXHIBIT SUNRISE BUSINESS PARK LOT 1, BLOCK 1 CLARKWOOD ROAD (FM 2292) PUBLIC WASTEWATER SYSTEM IMPROVEMENTS Exhibitl P age 1 of 1 Cork Rind I Gutierrez bgineeziag, LA 5656 South Staples. Suits 230 Corpus Christ Texas 78411 Phone (361) 991-8550 Fax 993-7569 E-Mail crgeagei.com IIExhibit 2 fi is Id MM .01 / / / -_ N44# 'r LL b ? J W N W V F a 23 b � wr 0 cc WA .01 W w u1a z HQ M ? j z6ZZ Aid) a 'JOOMN8v10 W b CONSTRUCTION NOTES WASTEWATER: 0 z W W J en 3 3 O P 2SI EXISTING WASTEWATER MANHOLE PROPOSED WASTEWATER MANHOLE • a 0 °Z Z ¢ W I Y x W I n O O Q O� O 0 W Z�� w a Z II r) W� ccz2 AG 47 �� WWOOOZH ZN V~70^ � 3Zocv 3� II ¢•0 W O�Z W —?i = r7 t3 m F W 0 Z 7i<a)- �3 z 1 0z Q? a Z 3 W Z~° LiH= W(ncr Z �_ X O 1—x lZ�— :Ex W W wZlr Cn W W < w Ln J W� 3 U.1 1—<<E1 p cm a. N¢ Q ¢ ZWw =�" � 0 0 ol—'-0 Zz � - oN °Z Z55 C.) I V II c0 0< w Q j4.0< a. O 0� W W Z >O \0 \W IL>J 0 X Q W N O Q )-- N [1.12..0.. Page 1 of 1 REIMBURSEMENT ESTIMATE OVER-SIZE, OVER DEPTH SANITARY SEWER COLLECTION LINE TO MEET CITY REQUIREMENTS PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 DATE: 1/11/2007 JOB NO. 9917C Item DESCRIPTION Quantity -.. Unit Unit Price Total A. ASTEVI ATER aaaROVEMENTS Rehab (Existing Wastewater Manhole& Conned Proposed 10 -Inch ASTM D-3034 PVC Wastewater Line by Boring 8 Jacking 20 L.F. of min 16 -Inch Dia. x 5/16 -Inch Steel Casing Up To and Adjacent to Existing Wastewater Manhole a 1 L.S. $18,200.00 $18.200.00 2 10 -Inch ASTM 0-3034 PVC Wastewater Line (14' - 16' Cut) 544 LF 384.00 345,696.00 3 5' Manhole (14' - 16' Cut) 4 EA 310,900.00 343,600.00 4 Proposed 2 L.F. 10 -Inch ASTM D -3034 PVC Wastewater Stub-Out Plug End Watertight EA 3900.00 3900.00 5 Wastewater Line Embedment (Al Depths) 544 LF. 314.00 $7,616.00 6 OSHA Trench Protection (Ala Dept) 544 L.F. $4.00 $2,176.0" Single, Far Side, Wastewater Sewer Connection 1 EA. 31,850.00 31,850.00 SUB -TOTAL 3120,038.00 B. NISCELLANEOUS 1 S PPP 1 LS 31,000.00 31,000.00 2 TrdRc Cormvi Plan 1 LS 31,000.00 31,000.00 SUB -TOTAL 32,000.00 CONSTRUCTION TOTAL $122,038.00 C. ASSAINISTRATIVE 1 .F-il�neerin0 LS 313,162.00 2 CctPstruction Stalling 1 LS 32,500.00 3 GaotechniaN Report 1 LS 1 32,068.00 MINN TOTAL 317,730.00 SUB -TOTAL $139,768.00 10% CONTINGENCY $13,975.80 TOTAL. COST 8153,744.80 Maximum Reimbursement Allowed: 50% (Acres x Fee Value x Pipe Diameter) 0.80 (5.799 ac ($1,277.00/ac.) x 10) 136,643.50 _Thy maxbnum reimbursement Is $36,643.50 Exhibit 3 Page 1 of 3 REIMBURSEMENT ESTIMATE NORMAL -SIZE, NORMAL DEPTH SANITARY SEWER COLLECTION LINE TO MEET DEVELOPER REQUIREMENTS PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 DATE: 1/22/2007 JOB NO. 9917C DESCRIPTION Qwndq Unit Unit Price Total A. NMSTEWATER =MOVEMENTS 1 Rehabilitate Existing Wastewater Manhole & Connect Proposed 8- !nth ASTM D-3034 PVC Wastewater Line by Boring & Jacking 20 L.F. of a min. 16 -Inch Dia. x 5/16 -Inch Steel Casing Up To and Adjacent to Existing Wastewater Manhole. 1 L.S. $10,000.00 $10,000.00 2 8 -Inch ASTM D -3034 PVC Wastewater Line (4' - 6' Cut) 544 LF 127.00 $14,688.00 3 4' Manhole (4' - 6' Cut) 4 EA 13,100.00 112,400.00 Prtsosed -2 L.F. 10-Inch ASTM D -3034- PVC Wastewater Stub-0ut PIip End Watertight - - 1 EA 1900.00 1900.00 5 Wastewater Line Embedment (All Depths) 544 L.F. 114.00 17,616.00 6 OSHA Trench Protection (AA Depths) 544 L.F. $4.00 $2,176.00 7 Single, Far Side, Wastewater Sewer Connection 1 EA. 11,850.00 11,850.00 SUB -TOTAL 149,630.00 B. MISCELLANEOUS 1 SV16+PP 1 LS 11,000.00 $1,000.00 2 Tra k Control Plan 1 LS 11,000.00 $1,000.00, --I SUB-TOTAL 12,000.00 CONSTRUCTION TOTAL 151,630.00 Cis 1 ADMINISTRATIVE Engineering 1 LS 14388.55 2 Construction Staking 1 LS $2,500.00 3 Geolechnfgl Report 1 LS $2,068.00 ADMIN TOTAL $8,956.55 SUB -TOTAL 150,566.55] 10% CONTINGENCY $6,058.66 TOTAL COST $66,645.21 Maximum Reimbursement Mowed: 50% (Acres x Fee Value x Pipe Diameter) O.50 (5.736 ac (:1,277.00 last) x 10) = $36,643.50 $Thmre, maximum reimburesment is $36,643.50 Coym, Reltmet and Gutierrez Engineering, L.P. Exhibit 3 Page 2 of 3 Exhibit 3 I $ 36,643.50 $ (7,328.70) $ 29,314.80 I REIMBURSEMENT ESTIMATE DIFFERENCE BETWEEN OVER -SIZE, OVER DEPTH SANITARY SEWER COLLECTION LINE AND NORMAL -SIZE, NORMAL DEPTH SANITARY SEWER COLLECTION LINE PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 SUMMARY OF REIMBURSEMENT DATE: 1/23/2007 JOB NO. 9917C Construction Cost Estimate for Oversize & Overdepth Wastewater System Improvements IAtOropossd Wastewater System Improvements Using A Proposed 10 -Inch Wastewater Gravity Line Installed a Depth Ranging From 14' - 16' I opossd Wastewater System Improvements Using a Proposed 8-inch Wastewste Gravity Line Proposed M a Depth Ranging From 4' - 6' Deep Daferenee Between City Required Improvements & Developer Requirements Atucimum Reimbursement Allowed: 3( Aaqz Fee Value x Pipe DiImeter) 0 (5.M ac ($1,277.0016c.) x 10) _ $36,643.50 illerefora, maximum rsinbiaaement r. $36 ,643.50 1 1 Credit for Wastewater Acreage Fees Net Reimbursement Amount: $153,744.80 ($66,645.21) $87,099.59 Page 3 of 3 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". =IRST NAME Nasser Farahnakian STREET 6149 Lemans Drive CITY: Corpus Christi, TX ZIP: 78414 FIRM S 01 Corporation 02 Partnership 03. Sole Owner 04. Association 05. Other DISCLOSURE QUESTIONS if additional space is necessary, please use the reverse side of this page or attach separate sheet. 1 State the names of each "employee' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) N/A 2 State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named 'firm ". Name Title N/A State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission, or Committee N/A 4 State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm' Name Consultant N/A CERTIFICATE certify that ail information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Nasser Farahnakian Title: Owner (Type or Print) Signature of Certifying Person: / ? Date: / l' 41".3•240e DEFINITIONS a. "Board Member". A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee ". Any person employed by the City of Corpus Christi, Texas, either on a full or part- time basis, but not as an independent contractor. "Firm ". Any entity operated for economic gain, whether professional, industrial, or commercial and whether established to produce or deal with a product or service, including but not limited to entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership, or trust and entities which, for purposes of taxation, are treated as non - profit organizations. "Official ". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership interest ". Legal or equitable interest, whether actually or constructively held in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies, or special terms of venture or partnership agreements. "Consultant ". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 1 of 2 AN ORDINANCE APPROPRIATING $29,314.80 FROM THE SANITARY SEWER COLLECTION LINE TRUST FUND NO. 540450 -21801 -4220 TO PAY NASSER FARAHNAKIAN, FOR THE INSTALLATION OF 544 LINEAR FEET OF 10 -INCH PVC SANITARY SEWER COLLECTION LINE AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT TO DEVELOP LOT 1, BLOCK 1, SUNRISE BUSINESS PARK; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $29,314.80 is appropriated from the Sanitary Sewer Collection Line Trust Fund No. 540450 - 21801 -4220 to pay Nasser Farahnakian, for the installation of 544 linear feet of 10 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement to develop Lot 1, Block 1 Sunrise Business Park, located south of SH 44 access road and west of Clarkwood Road. SECTION 2. 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 30th of January, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: January 25 2007 By: 4)G11 W. Smith Assistant City Attorney For City Attorney H `+ LEG -DlR \Shared \GaryS \agenda12007 I -30\ Ord- AppropFarahnakianSunriseBusinesspark- sanitarysewer.doc Page 2of2 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 H ° ,LEG-Di R \Shared \GaryS\agenda\2007\ 1- 30\ Ord- AppropFarahnakianSunriseBusinessPark- sanitarysewer.doc 11 AGENDA MEMORANDUM AGENDA ITEM: January 30, 2007 a Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Nasser Farahnakian, owner and developer of Sunrise Business Park, Lot 1, Block 1 located south of SH 44 access road and west of Clarkwood Road for the installation of 466 linear feet of 12 -inch PVC water grid main; and b Ordinance appropriating $47,860.95 from the Arterial Transmission & Grid Main Trust Fund No. 540450- 21805 -4030 to pay the Nasser Farahnakian reimbursement request for the installation of 466 linear feet of 12 -inch PVC grid main to develop Sunrise Business Park, Lot 1, Block 1; and declaring an emergency ISSUE: Nasser Farahnakian, owner and Developer of Sunrise Business Park, Lot 1, Block 1, will start the installation of 466 linear feet of 12 -inch PVC water grid main, once the City Council approves the Arterial Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Arterial Transmission and Grid Main Trust Fund in compliance with the Platting Ordinance RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. r � ,n \} l 1;ti Deborah A. Marroq in, P E. Interim Director of Developm t Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map /Schematic Reimbursement Estimate Application for Waterline Reimbursement Application for Waterline Credit Arterial Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Lot 1, Sunrise Business Park (Exhibit B, pg 1) required a total extension of 466 linear feet of 12 -inch PVC water grid main along the south side of SH 44 access road. The proposed 12 -inch water grid main begins at the existing 12 -inch water line previously installed by others in the Clarkwood Road right of way and extends west, along SH 44 access road approximately 466 linear feet and terminates at the Sunrise Business Park property line (Exhibit B, pg 2). The 12 -inch water grid main is consistent with the City's 1997 Water Distribution System Master Plan. The developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (Exhibit F) and supporting documentation in compliance with provisions of the Platting Ordinance. The Application for Water Line Reimbursement (Exhibit D) and supporting cost documentation is attached. The total construction cost submitted by the developer for the installation of 466 linear feet of 12 -inch PVC water grid main is $54,581.32 (Exhibit C). The developer submitted an Application for Water Line Credit (Exhibit E), which allows the Developer to deduct the water acreage fee from the reimbursement and receive a credit for the water acreage fee that is applied to the water acreage fee during final plat recordation. The water acreage fee is subtracted from the construction cost. The construction cost, less the acreage fee credit ($54 ,581.32- $6,720.37 = $47,860.95), is $47 860.95. Reimbursement would be payable upon completion and acceptance of the water grid main work with the actual reimbursement to be determined based on the actual construction cost and not to exceed $47,860.95. Exhibit A Page 1 of 1 r n 1 zz i M W 11 1 IT) L> CLARKWOOD R[) (FM 2292) (1ARKWOOD RD (FM 2292) L r T SULLIVAN ST T. C i 1- f'1 l ' X 1-- / Imo' ' 1 RUSK STREET _ 1> IA < z ,m z 'COMMERCE STREET i 1 _i i W►NCO STREE1 m� ID I o p w �I NI I �X GILLIAN STREET m, h m I 1 i CHICKERY STREET i , BUSINESS STATE LOCATION MAP :DATE: —09 -0= :RG jC_. # 391 GRAAIC SCALE 1" • CO S t- 1RIS AVENUE w r, w /— w U1 CL Ni L1-1'': CC __ _EKi_JND_ AVENUE NEv' S HIGHWAY 44 — w 0_ cc BARK STREET NEEDLE STREET REIMBURSEMENT EXHIBIT SUNRISE BUSINESS PARK LOT 1, BLOCK 1 NEW STATE HIGHWAY 44 PUBLIC WATER DISTRIBUTION SYSTEM IMPROVEMENTS EXHIBIT "B" 1 OF 2 Exhibit B Page 1 of 2 Coy, Behmet if Gutierrez Engiseeeing 5656 South Staples, Suite 230 Corpus Christi, Texas 78411 Phone (361) 991-8550 Fax 993 -7569 E -Mail crgt crgei.com MM At Z m 2 2 y; (Z6z WA) a?! O0OMMY'10 2j 0 CONSTRUCTION NOTES 0 N W o O 41 m I rn 0 F- N . U O U a N zc - _ 0 I° o m ISO W 4 W W VI C9� N N 0 • 0 0 a�CC ° a GRAPHIC SCALE. 1' PVC WATERLINE PROPOSED FIRE HYDRANT ASSEMBLY. PROPOSED 18 L.F. OF 12" C -900 PVC WATERLINE. 182 L.F. OF 12" C -900 PVC WATERLINE. • d 0 W L.F. OF 12" C -900 PVC WATERLINE. a - N 0 0 40 0 0 0 0 0 O 0 X a as a Cr SCHEMATIC FIRE HYDRANT 12" GATE VALVE & VALVE BOX. PROPOSED 12" PLUG v ©®O®®®oaDO N m LL X N w Exhibit B Paae2of2, O a, I 0) CI) =s, CD 0 0 O 0 REIMBURSEMENT ESTIMATE WATER PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 DATE: 1/11/2007 JOB NO. 9917C Item Demotion Quantity + 5% Unit Unit Price Total A. WATER I MPRI EMENTS 17' 0-900 PVC Waterline 466 LF. $41.00 $19,106. 2 12" x 12 x12" Tapping Tee (D.I.M.J.) 1 LS. $4,100.00 $4,100. 3 12 -Inch 45 Degree Bend (D.I.M.J) 2 EA $450.00 5900. 4 12 -Inch 11 -1/4 Degree Bend (D.I.M.J.) 1 EA $450.00 $450.00 5 12 -Inch TIM, Valve With Vahre Box 1 EA $2,750.00 $2,750. 12-Inch Gabe VaNe With Vahre Box 1 EA $1,850.00 $1,650.00 12 -Inch Pkp, D.I.M.J. With 2 -Inch B.O. Valve 1 EA $425_00 $425.00 8 Fine Hydrant Assembly wI Bend 8 Adapter 2 EA $3,500.00 $7,000.00 9 Single, Near Side Water Service Connection 1 EA $1,000.00 $1,000.00 10 Water Syet m Testing & Approval by City Water Department 1 LS. $4,500.00 $4,500.00 SUB -TOTAL $42,081.00 B. MISCELLANEOUS 1 SWPPP 1 LS $1,000.00 $1,000.04 $1,000.00 2 Traffic Control Plan 1 LS $1,000.00 3 Bonds, Insurance & General Conditions (Included in total bid) $0.00 SUB -TOTAL $2,000.04 CONSTRUCTION TOTAL $44,081.00 C. A(iM!IISTRATNE 1 Engineering 1 LS $4,536.3 2 Construction Staking 1 LS $1,000.09 ADMINISTRATION TOTAL $5,530.31 SUB -TOTAL $49,619 10% CONTINGENCY $4,961.94 TOTAL COST $54,581.32 1 dmum Allowable Reimbursement Less Waterline Credit $6,720.37 Told Cost - Waterline Credit $84,581.32 - $6,720.37 = $47,860.95 Reimbursement Request Total: $47,860.95 1 Coym, Rehmet and Gutierrez Engineering, L.P. Exhibit C Page 1 of 1 APPLICATION FOR WATERLINE REIMBURSEMENT I, Nasser Farahnakian, owner and developer of proposed Sunrise Business Park Lot 1, Block 1 Subdivision, hereby request reimbursement of $47,860.95 for the installation of the water (distrution main) (arterial transmission or grid main) in conjunction with Sunrise Business Park Lot 1, Block 1 Subdivision, as provided for by City Ordinance No. 17092. Said $47,860.95 is the construction cost, including Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith Nasser Farahnakian (Date) THE STATE OF TEXAS § COUNTY OF NUECES § Nasser Farahnakian, a sole proprietor, personally appeared before me, and declared that he signed the application in the capacity designated, and further states that he has read the above application and the statements therein contained are true. This instrument was acknowledged before me on _J/L/i2GLQ ' P A M E L A . KIRKLAND votary Public of Texas ^v C: ;'emission Expires 2008 , 2007, by Nasser Farahnalan. Notary Public in an d r Nueces County, Texas The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: and (a) sufficiency of funds in the (Distribution Main) (Grid and Arterial Main) Trust Fund, (b) appropriation and approval by the City Council. elopment Services Engineer (Date) Exhibit D I Paae 1 of 1 APPLICATION FOR WATERLINE CREDIT 1, Nasser Farahnakian, owner and developer of the proposed Sunrise Business Park, Lot 1, Block I Subdivision, hereby apply for a $6,720.37 credit towards the water lot/acreage fee for the (Distribution Main) (Arterial Transmission or Grid Main) extension installed in conjunction with Sunrise Business Park Lot 1, Block 1, Subdivision as provided for by City Ordinance No. 17092. Said $6,720.37 is a portion of the construction cost, including Engineering, as shown by the cost supporting documents attached herewith. S ✓ /- /Z -6/ Nasser Farahnakian (Date) THE STATE OF TEXAS § COUNTY OF NUECES § Nasser Farahnakian, a sole proprietor, personally appeared before me, and declared that he signed the application in the capacity designated, and further states that he has read the above application and the statements therein contained are true. This instrument was acknowledged before me on '_!.M ELA J . K I RKLAND +otary ?ublic or Texas ,., Cor amiss on Expires .;une 07 2008 2007 by Nasser Farahnakian, a sole proprietor. Notary Public in an . . r Nueces County, Texas The information submitted with this application has been reviewed and determined to be correct and a credit of $ � 7Z p . 3 7 is herewith approved. / -23 -0) opment Services Engineer (Date) Exhibit E Page 1 of 1 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi (hereinafter "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Nasser Farahnakian, 6149 Lemans Drive, Corpus Christi, Texas 78414 (hereinafter "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 5.739 acres called Lot 1, Block 1, Sunrise Business Park located south of SH 44 access road and west of Clarkwood Road, as shown in the attached Exhibit 1: WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 12 -inch PVC grid main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 12 -inch PVC grid main; WHEREAS, it is essential that the 12 -inch PVC grid main be constructed along SH 44 access road, in connection with Sunrise Business Park for it will provide future service connections to the west NOW, THEREFORE, for the consideration set forth hereinafter, the City and Developer agree as follows: 1 REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch PVC grid main needed for Sunrise Business Park in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 12 -inch PVC grid main, as shown in Exhibit 2, with the following basic design: (1) Install 466 linear feet of 12 -inch PVC grid main. (2) Install 1 ±`one) 12" x12 "x12" Tapping Tee (D.I.M.J.). 1 of 6 Exhibit F (3) Install 2 (two) 12 -inch 45 Degree Bend (D.I.M.J.). (4) Install 1 (one) 12 -inch 11-1/4 Degree Bend (D.I.M.J.). (5) Install 1 (one) 12 -inch Tapping Valve with Valve Box. (6) Install 1 (one) 12 -inch gate Valve with Valve Box. (7) Install 1 (one) 12 -inch Plug, D.I.M.J. with 2 -inch B.O. Valve. (8) Install 2 (two) Fire Hydrant Assembly with Bend and Adapter. (9) Install 1 (one) Single, near Side Water Service Connection. The 12 -inch PVC grid main will be constructed beginning at the existing 12- inch water line previously installed by others in the Clarkwood Road right of way and extends west, along SH 44 access road approximately 466 linear feet and terminates at the Sunrise Business Park property line. b. The plans and specifications shalt comply with City Standard Water Detail Sheets and Standard Specifications. c Before the Developer begins construction, the plans and specifications must be approved by the Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 12 -inch PVC grid main, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 12 -inch PVC grid main 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 12 -inch grid main shall be constructed in accordance with the approved plans and specifications and completed by January 31, 2008. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. ?. DEFAULT, The following events shall constitute default: 2 of 6 a. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. b. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. c. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. d. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. e. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before January 31, 2008. In the event of default, the City shall have all its common law remedies in addition to the following: a. Cancellation of this reimbursement agreement without notice or cure. b. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8 THIRD -PARTY BENEFICIARY Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and with the contractor for the construction of the project shall provide that the City shall be a third party beneficiary of each contract. 9 PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000 and a payment bond if the contract is in excess of $25,000. The performance and payment bond shall comply with Texas Government Code, Chapter 2253 and shall be in the form and substance as attached hereto. The performance and payment bond shall name Developer and City as joint obligees. 0 NOTICE. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform such obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. Developer will pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. 3 of 6 Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement The provision for notice and cure contained herein shall not apply to a default under paragraph 7 hereinabove. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of and function of the arterial transmission line and the construction thereof for a period of one year from and after the date of acceptance of the facilities by the City Engineer. Said warranty will be assigned and transferred to the City upon completion of this project. 12 REIMBURSEMENT a Reimbursement hereunder shall be made solely from and if, as, and when sufficient funds are available in and appropriated from the Water Distribution Main Trust Fund and Developer acknowledges that reimbursement is so limited. b The City will reimburse the Developer 100% of the cost of the 12 -inch PVC grid main, upon satisfactory completion and testing in compliance with approved plans and specifications, and final acceptance not to exceed $47,860.95. See Cost Estimate attached hereto as Exhibit 3. c The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12 -inch PVC grid main by the professional engineer hired by the Developer. However, the expenses may not exceed 7.5% of the costs of construction of the 12 -inch grid main 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 12 -inch PVC grid main construction. 14 This agreement is a covenant running with the land, Lot 1, Block 1, Sunrise Business Park, a subdivision in Nueces County, Texas, and shall be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached hereto as Exhibit 4 16. EFFECTIVE. This agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. 4 of 6 EXECUTED IN DUPLICATE originals, this day of , 2007. ATTEST: CITY OF CORPUS CHRISTI By. Armando Chapa, City Secretary George K. Noe, City Manager APPROVED: day of : to 11', k: It u 1 ff By: G y WdSmith Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES , 2007 This instrument was acknowledged before me on , 2007, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 5 of 6 DEVELOPER: Nasser Farahnakian By /• THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on sJk-le,tady a;3 , 2007, by Nasser Farahnakian. nit Notary Public, a of Texas . A .1F�H� KIRKLANC `Jotary public tate of Texas '= �,,.., ommiss.onExpires (..)7 2008 6 of 6 STATE OF TEXAS § COUNTY OF NUECES § P A Y M E N T B O N D KNOW ALL BY THESE PRESENTS: THAT of County, Texas, hereinafter called "Principal ", and a o- rperation organized %der the laws of the State of and dale authorized to dc business in the State of Texas, hereinafter oalJed "SJrety ", are held and firmly bound unto (name of developer and legal sta-us, fe corborati:.n 'Developer" and the City of Corpus Christi, a m r.icLpa1 corporation :f Nueces County, Texas, hereinafter called "' t ..', a ~_d `1nt_u all persons, firms and corporations supplying labor and Tate :_als in , ose:-ut:on the the work referred to in the attached :cntract, in the penal sur of ($) DOLLARS, lawful money of the United States, be paid : Nueces ,runty, Texas, for the payment of which sum Aiel: and truly to ke maue ae bind ourselves, our heirs, executors, acmi 1_ -st tors enc fuccessors, jointly and severally, firmly by these ..s: es ets THE CONDITION OF THIS OBLIGATION IS SUCH THAT: Whereas, the orir : :pa. entered in:o a certain contract with the Developer, dated the Jai 20 , a copy _f which is hereto attached and made a part nereu-, >r the consruct _ .)r -. NOW, THEREFORE, if the pr.ncipal shall faithfully perform its duties and make prompt payment tc all persons, firms, subcontractors, :orporaticns and cLaimar:-:s supplying labor and material in the orsecut tc n of the work provided for in said contract and any and all duly autnorizec modificat_on of said contract that may hereinafter be trade; notice of which moc_:fi:ation to the surety is hereby expressly as .veu, -:_hen tni- ob: igati_n shall be void; otherwise to remain in full _rc- and effect, PROVIDED FURTHER, that', if any legal action be filed upon this bond, ✓ e .u- shall lie in N_.eces °ou.n :y, Texas. And That sa,_d surety for value received hereby stipulates that no Mande, extension of time, alteration or addition to the terms of the . cnt_act, or to the work performed thereunder, or the plans, specLfications, drawings, etc., accompanying the same shall in anywise affe:t its obligation, on this bond, and it does hereby waive notice of -.n; =uch change, extension of rime, alteration or addition to the terms ._- contract, _,r to _e wore to be performed thereunder. =ayment_ Bond Page _ _ f 2 Th._• ocri s gHven :1.eet the requirements of Chapter 2253, Texas vernment Code, ar othr ,-Ipplicable statutes of the State of Texas. Toe -lerm3 "Ciaman-", "Idb0r" and "Material", as used herein are in -c da 'e with and as detioed in said Article. The underslgned agen L:3 hereby designated by the Surety herein as Age Resider.: Nue.:es aunty t0 whom any requisite notices may be :all-:erd and on wh)m sel-Tice of ofocess may be had in matters arising brovi_led by Art. 7.19-1, Vernon's Texas Code, IN WITNESS WHEREOF, 71tis instrument is executed in 4 copies, each che f icb shell be deeTed an original, this the day of 2fl PRINCIPAL By: (Print Name & Title: ATTEST Secretary Print Name) SURETY 3y: Attorney-in-fact Drn' Name) The Resident Agent of the Surety in fteces County, Texas, for delivery of notice and service of process is: Agency: Contact Person: Address: Phone Number: (NOTE: Date of Payment Bord must lot be prior :o date of contract) (Revised '02) Payment Bond Page :f 2 BUSINESS STATE '74IGHWAY 44 1 IRIS_ AVENUE CN w F- LU (1) . crr ,o ix '- EK'UND AVENUE cc _ __ 0 -d _ Y �� O - > - — -- M 0 2- - -D o 3 N U: CC a- J (i LOCATION MAP IOU 300' 7 300' 800' GRAPIM; SCALE: r .eoa NEW STATE HIGHWAY 44 ARKWOOD RD (FM 2292 '1-6) � U BARD STREET o iz c al z .J 3 (.3 • NEEDLE STREET DATE: 0' -09 -07 CRG .108 # 99' 7C REIMBURSEMENT EXHIBIT SUNRISE BUSINESS PARK LOT 1, BLOCK 1 NEW STATE HIGHWAY 44 PUBLIC WATER DISTRIBUTION SYSTEM IMPROVEMENTS Exhibit 1 I P age 1 of 1 Cop, Baud 6 Gutierrez lagieeering , L.P. 5656 South Staples, Suits 230 Corpus Christi, Texas 78411 Phone (381) 991-8550 Fax 993 -7569 E-Mail crgalcrgei.com CONSTRUCTION NOTES O b b z CC N a !Go Z Ch W Wml w. 0 ua V a N Z= IIo 0 12" C -900 PVC WATERLINE No}fJ j N >4,1 o L.! W O Z? 0 0 0 aa a a a cc a °c cc cc ;Z a a 12" 45• BEND FIRE HYDRANT ASSEMBLY. OF 12" C -900 PVC WATERLINE. PROPOSED 182 L.F. OF 12" C -900 PVC WATERLINE. BEND (D.I.M.J.). 244 L.F. OF 12" C -900 PVC WATERLINE. FIRE HYDRANT ASSEMBLY. 12" GATE VALVE & VALVE BOX. 0 14.1 U N 1.1.1 Lai VI 0 °a Q a °a a. CC 0 z ° CC CC a a a a a r z h � � a Wa 3, Z Woc.i.� CA Ey gel E,�� CI) WOE-1F2-9 za � � a V U � a c 3,� c^ 1,_ zz O U U o Z a Page 1 of 1 ° PROPOSED 12" PLUG Exhibit 2 v a 99699 BD REIMBURSEMENT ESTIMATE WATER PROJECT: SUNRISE BUSINESS PARK, LOT 1, BLOCK 1 DATE: 1/11/2007 JOB NO. 9917C Item Description Quantity + 5% Unit Unit Price Total A. WATER IMPROVEMENTS 1 12° C-900 PVC Waterline 466 L.F. 341.00 $19,106.00 2 12" x 12' x12" Tapping Tee (D.I.M.J.) 1 L.S. $4,100.00 $4,100.00 3 12 -Inch 45 Degree Bend (D.I.M.J) 2 EA $450.00 5900.00 4 12 -Inch 11 -1/4 Degree Bend (D.I.M.J.) 1 EA $450.00 $450.00 5 12 -Inch Tapping Valve With Valle Box 1 EA $2,750.00 $2,750.00 6 12 -Inch Geis Valve With Valve Box 1 EA $1,850.00 $1,850.00 7 12 -Inch PUM, D.I.M.J. With 2 -Inch B.O. Valve 1 EA 3425.00 $425.00 8 Are Hydrunt Assembly w/ Bend & Adapter 2 EA $3,500.00 37,000.00 9 S Mpg*, Naar Side Water Service Connection 1 EA 31,000.00 $1,000.00 10 Water Spawn Testing & Approval by City Water Department 1 L.S. $4,500.00 $4,500.00 SUB -TOTAL $42,081.00 B. MMBCELL#MEOUS 1 31AIPPP 1 LS stoma) 31,000.0 2 Traffic Control Plan 1 LS $1,000.00 $1,000.00 3 Bands, Insurance & General Conditions (Included in total bid) $0.00 SUB -TOTAL 32,000.00 CONSTRUCTION TOTAL $14,081.00 C. AIWAIN STRATNE 1 1 LS $4,538.38 2 Construction Staking 1 LS 31,000.00 ADMINISTRATION TOTAL $5,5S8.38 SUB -TOTAL 349,619.38 10% CONTINGENCY $4,961.94 TOTAL COST $54,581.32 *Mioximum Alai/able Reimbursement Less Waterline Credit $6,720.37 Tom Cost - Waterline Credit $84,581.32 - $6,720.37 = $47,860.95 Reimbursement Request Total: $47,860.95 J Coym, Rehmet and Gutierrez Engineering, L.P. LExijt 3 Panes 1 of 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. if the question is not applicable, answer with "NA ". FIRST NAME Nasser Farahnakian STREET 6149 Lemans Drive CITY Corpus Christi, TX ZIP: 78414 FIRM IS ❑r Corporation 02. Partnership ©3. Sole Owner 04. Association 05. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each 'employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership n the above named "firm ". Name Job Title and City Department (if known) N/A 2 State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title N/A 3 State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name Board, Commission, or Committee N/A 4 State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm` Name Consultant N/A CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi. Texas as changes occur Certifying Person: (Type or Print) Signature of Certifying Person: Nasser Farahnakian Title: Owner --�� Date: Q 1— -J — dg e7 DEFINITIONS a. "Board Member" A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. "Employee ". Any person employed by the City of Corpus Christi, Texas, either on a full or part - time basis, but not as an independent contractor. "Firm ". Any entity operated for economic gain, whether professional, industrial, or commercial and whether established to produce or deal with a product or service, including but not limited to entities operated in the form of sole proprietorship, as self - employed person, partnership, corporation, joint stock company, joint venture, receivership, or trust and entities which, for purposes of taxation, are treated as non - profit organizations. d. "Official ". The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and division Heads and Municipal Court Judges of the City of Corpus Christi, Texas. "Ownership interest". Legal or equitable interest, whether actually or constructively held in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holding or control established through voting trusts, proxies, or special terms of venture or partnership agreements. "Consultant ". Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 1 of 2 AN ORDINANCE APPROPRIATING $47,860.95 FROM THE ARTERIAL TRANSMISSION & GRID MAIN TRUST FUND NO. 540450- 21805 -4030 TO PAY THE NASSER FARAHNAKIAN REIMBURSEMENT REQUEST FOR THE INSTALLATION OF 466 LINEAR FEET OF 12 -INCH PVC GRID MAIN TO DEVELOP SUNRISE BUSINESS PARK, LOT 1, BLOCK 1; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $47,860 95 is appropriated from the Arterial Transmission & Grid Main Trust Fund No. 540450 - 21805 -4030 to pay the Nasser Farahnakian reimbursement request for the installation of 466 linear feet of 12 -inch PVC grid main to develop Sunrise Business Park, Lot 1, Block 1, located south of SH 44 access road and west of Clarkwood Road. SECTION 2. 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 30th of January, 2007. ATTEST: Armando Chapa City Secretary APPROVED as to form: January 25, 2007 By: 1du. G W. Smith Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor \LEG -DIR\ Shared \GaryS\agenda\200711 -301 Ord- AppropFarahnakianSunriseBusinessPark- water.doc 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 it 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 ' LEG -D I R\Shared\GaryS\agenda\200"\1 -301 Ord- AppropFarahnakianSunriseBusinessPark- water.doc 12 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. Luk 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) Ir 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 AN ORDINANCE Page 1 of 5 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 "director." * (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 end facilities, a- Rd-by monitoring and recovery wells, and by encroaching structures. H LegDir /gws/agenda /2007! . -23 UP; 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 cable, cotluit containing cable, or similar installation, not including an unauthorized pipeline, shall be calculated in accordance with subsection (d) above. (1) A fee for a use privilege agreement not calculated or determined above shall be determined as follows: for an underground encroachment (landscaping, fencing, 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 one -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 Applications to construct; or lay, a pipeline, cable, conduit, or other facilt or structure, rework. revamp, wrap or otherwise lower or replace an existing tines pipene, 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 cf development services. Each H i_egDir /gws /agenda /2007;;,1 -2 UPS Page 3 of 5 apptcation 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 linett, leggy description of adioininq property and locations map of the pipelines, cable, conluit, 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 srthe pipeline, cable, conduit: other facility or structure, or well, or the encroaching structure, and all existing city -owned improvements and utilities. The director of developmgnt services or his authorized representative shall review said application and plans, determine whether such 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 (1E;) 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 ge -all fees fully paid, the city manager shall execute and cause to be delivered to applicant at the application address 0' e " - - , the city form document, subject to revocation on 9S days' written notice by the city, as follows for the instalation or work covered by said applicant application: (1) revocable easement or monjtoringjrecovery well permit agreement (90 days) or (2) revocable use privilege agreement or revocable license (60 days). SECTION 6. That section 2 -2 ` 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: H LegDir tgws/agenda/2007:C1- 23.'UP - Page 4 of 5 (a) That execution of the document is necessary to (1jcarry out a public works project; (2) 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, ouch the project, program or policy has been approved by the City Councii. (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. H LegDir /gws /agendal2007 01- 23/UFA Page 5 of 5 That the foregoing Nrce w s read for the first time and passed to its second reading on this the y of 2007 by the following vote: Henry Garrett, Mayor Rex A. Kinnison Audt, Brent Chesney John E. Marez S' n+ Melody Cooper Jesse Noyola Jerry Garcia Mark Scott VI 4,1_, 14_ 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, Mayor _ 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: Armando Chapa, City Secretary Approved: January 18 2007 B G:'" W. Smith Assistant City Attorney For City Attorney H LegDir /gws /agenda /2007!0 1 -23/U P; CITY OF CORPUS CHRISTI Henry Garrett, Mayor Use Privilege Agreement (UPA) Fees The proposed Application Fee of $500 s 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 +o adoption of Ordinance 026217, adopted 4- 12 -05. EXHIBIT C Application Fee 11) 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 o Pipeline 6" and under in diameter (exc. street crossings) per If $1.00 $2.50 o Every additional inch over 6" in diameter $0.10 $0.10 0 Single Road Crossing fees for Pipeline under 6" in diameter $150.00 $550.00 o Multiple Road Crossing fees for Pipeline under 6" in diameter $250.00 o Every additional inch over 6" in diameter for each street crossing $15.00 $10.00 OR B. Square Foot Method ") 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. -7 Aerial Overhang - (canopies, building overhangs, balconies, etc.) 25 -35% per /sf of adjacent property value. On ground - (ramps, prvate lighting, stairs, decks, etc) 20 -30% per /sf of adjacent property value. The proposed Application Fee of $500 s 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 +o adoption of Ordinance 026217, adopted 4- 12 -05. EXHIBIT C 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 30, 2007 AGENDA ITEM: a) Public hearing o consider amending the Zoning Ordinance Article 33 "Supplementary Sign Regulations, Permits. Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode 'l LED) and Liquid Crystal Display (LCD) Signage. '') Ordinance amending Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage BACKGROUND: With continuing technology improvements, signs have evolved from placard signs, backlit signs, neon signs. message boards, etc The latest sign technology now includes Light Emitting Diode LED) and Liquid Crystal Display (LCD) (also known as smartboards) for on- premise signage. The City's Zoning Ordinance currently does not address these newest sign technologies. Digital technology produces static images that are changed via computer in regards to signage. '`typically, a digital advertisement is displayed for six or eight seconds, and then fades away to a new static image. Digital technology is the newest method to post static advertisements through script photographic imagery and 3 -D animation. This technology allows multiple advertisements, delivers commercial and non - commercial information to the public, and can also provide emergency information pertaining to public service announcements. text amendment to Article ±3 "Supplemental Sign Regulations, Permits, Plats and Filing Fees" is proposed 7. o allow LED and '_CD signage. Currently the Zoning Ordinance prohibits signage with i linking and lashing illumination The text amendment would remove reference to flashing and plinking, which would allow -' EI) and LCD signage by amending the following sections: Section 33- 1.02.01 Single Tenant Freestanding Sign — One freestanding sign shall be permitted per street f. ontage or per lot and shall pertain only to the use(s) conducted within the building(s located on the premise. Electronic continuous message boards, intermittent iighting. Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. electric board shall not flash or blink. Each electronic LED, LCD, and intermittent static message shall be displayed for no less than eight (8) seconds. Section 33- 1.02.02 Single Tenant Wall Sign — The square footage for electric, non- electric. attached or painted wall signage on any building /structure shall not exceed 35 °') <: f the 'nuiidmg .tk °all square footage for each elevation. All wall signs must be attached flan against the wall of the building, shall not project more than eighteen (l S) Inches from the A. aL of the building or structure and shall not project above the height of thc° building, Such Electronic continuous message boards. intermittent lighting, Light Council Agenda Memorandun Zoning Text amendment) :anuary 30, 200- ?aae Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. within the overall freestanding sign design. Such message on the electric board shall not flash or blink. Each electronic LED, LCD, and intermittent static message shall be displayed for no less than eight (8) seconds. Wall signage shall pertain only to the use(s) conducted within the building(s) located on the premise. Section 33- 1.02.03 Multi- Tenant (3 or more Tenants) Freestanding Sign — One (1) freestanding sign for building/same project/development of 25,000 square feet or less or two (2) freestanding signs for building/same project development greater than 25.000 square feet shall be permitted, per street frontage, per lot or individual primary building and shall pertain only to the use(s) conducted within the building(s) located on the premise Signs for building/same project/development shall be separated by a minimum of 150 feet. Electronic continuous message boards, intermittent lighting. Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. electric board shall not flash or blink. Each electronic LED, LCD, and intermittent static message shall 'De displayed for no less than eight (8) seconds. Section 33- 1.02.04 Multi- Tenant Wall Sign — Electric, non - electric, attached and/or painted wall signage on any building /structure shall not exceed 80% of the individual tenant space length and shall be unlimited as to height. All wall signs must be attached flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure and shall not project above the height of the building. tlminaien. Electronic continuous message boards, intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. within flash or blink. Each electronic LED, LCD, and intermittent static message shall be displayed for no less than eight (8) seconds. Wall signage shall pertain only to the use(s) conducted within the building(s) located on the premise. ISSUE: T.) provide for intermittent lighting, Light. Emitting Diode (LED) and Liquid Crystal Display 1 CD) Signage for on- premise signage. Such intermittent static message should be displayed for no less than eight (8) seconds. With this amendment, digital technology may be utilized in the selection and placement of signage REQUIRED CITY COUNCIL ACTION: The City Council is requested to approve the proposed text amendment to the zoning ordinance to provide for more uniform regulation of signs and signage, by revising Article 33 "Supplementary Sgn Regulations, Permits, Plats, and Filing Fees" to allow intermittent lighting, Light Emitting Diode (LED) and Liquid Crystal Display (LCD) Signage. FUNDING: None H PLN- DIR`,SHARED\G:\IL WORD 1 extAmendmennSign Text Amendment \LED LCD Signs \SignAdmenMemol- 30- 07.doc v Counci Agenda M.)morandur Z.or ng Text Amendment) anuary tr, 7(Y:- 'age 3 CONCLUSION AND RECOMMENDATION: he Planning Commission and Staff recommend approval of the proposed text amendment to the zoning ordinance amending Article 33 "Supplementary Sign Regulations, Permits, Plats, and Filing Fees" allowing intermittent ': ight;ng, Light Emitting Diode (LED) and Liquid Crystal Display 1 CD) Signage. of Development rvices Deborah A. Marr oquin, P.E. Interim Director o p ' )M: srn attachments: 1) Planning Commission Minutes (01 10/07) 2) Ordinance PLN- DIRTSIiAREDVGAILv WORD \T ;xtArnendment \Sign "ext Amendment \LED LCD Signs\SignAdmenMemol- 30- 07.doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — January 10, 2007 5:30 P.M. COMMISSIONERS PRESENT: R Bryan Stone, Chairman Rudy Garza, Vice Chairman Atilano J. Huerta Evon J. Kelly Johnny R. Martine. James Skrobarczyk J ohn C. Tamez COMMISSIONERS PRESENT' Fred Braselton Michael Pusiev STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Mary Frances Teniente, PE, Assistant Director of Development Services/ Special Services Miguel S. Saldana, AICP, Senior City Planner Daniel McGinn, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary I. CALL TO ORDER - 5 :30 p.m. A quorum was declared present and the meeting was called to order at 5:32 p.m. II. APPROVAL OF MINUTES November 29, 2006 Motion for approval of minutes was made by Vice - Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. III. PLATS Continued Plats Miguel Saldana read continued plat agenda items "a, b, c, d and e" (shown below) into the record and stated that the applicants' have requested a continuance to the Planning Commission meeting scheduled for January 24, 2007. Staff recommends approval. a. 0706139 -P062 Seger Horse Barns, Block 1, Lot 1 (Final — 13.042 Acres) Located north of Glenoak Drive and west of Flour Bluff Drive. 1006184 -'vP 106 The Grand Reserve Subdivision (Preliminary — 71.525 Acres) Located south of Glenoak Drive and east of Flour Bluff Drive. Variance to the maximum cul -de -sac length Action on plat :inning Conn; sicn Minutes anuary 10 :J( � a e 2 U06 i 85 -NIP 107 Laguna Shores Estates (Preliminary — 16.63 Acres) Located north of Hustlin Hornet Road and west of Laguna Shores Road. 006191 -NP 113 Rose ,.Acres. Lots 17A -17E, 18C, 18E, 20A -20G, 21A -21E, & 22A -22E ( Final Replat — 4.79 Acres) Located north of FM 665 and east of FM 763. 1106,09-\:P127 Valencia at Terra Mar (Preliminary — 52.82 Acres) Located south of Holly Road and west of Cayo De Oso. Motion for approval o recommend continuance of plat agenda items "a, b, c, d and e" to he Januar 24, 2007 Planning Commission meeting was made by Vice - Chairman Garza and see -onded by Commissioner 1 amen Motion passed unanimously with Commissioners Braselton and Puslev being absent. Miguel Saldana stated that plat agenda item "f" (listed below) was withdrawn by the applicant and will be submitted as a Planned Unit Development request. 1 106 216 -yP 131 Kings Crossing Unit 21, The Village at King's Crossing, Block 1 Lot lA (Final — 6.06 Acres) Located at the end of Oso Parkway and west of Cimarron Boulevard Miguel Saldafia read continued plat agenda item "g" (shown below) into the record and stated that this item has been submitted for approval. Staff recommends approval. 1206220 -PO81 Bancroft Dodge Annex, Lot D (Final Replat — 0.31 Acre) Located east of Poth Lane, south of Interstate Highway 37 and north )f Lb River Road. Public hearing was opened No one was present it favor or opposition. Public hearing was closed. Motion for approval of continued plat agenda item "g" was made by Vice - Chairman xarza and seconded by Commissioner Kelly. Motion passed unanimously with Commissioners Braselton and Pusle\ being absent Planning Commission 'Minutes January 10 2007 ge 3 Ne sv Plats Miguel Saldana rear new plat agenda items "a, b, g and i" (shown below) into the record and stated that the applicants' have requested a continuance to the Planning Commission meeting scheduled for January 24. 2007. Staff recommends approval. a. 010 7001 -NP001 g Bearden Industrial Tracts, Block 1, Lot 1 (Final — 1.7032 Acres) Located at the northeast corner of the intersection of Leopard Street and Hunter Road. 010?002 -NP002 Crosstown Commons Subdivision, Block 1, Lot 1 (Preliminary — 227.09 Acres Located south of South Padre Island Drive (SH 358), west of Crosstown Expressway (SH 286) and north of Holly Road. 010'007 -NP007 King's Crossing West Unit 2, Block 2, Lots 2 & 3 (Final — 5.001 Acres) Located south of Boston Drive, west of South Staples Street (FM 2444) and northwest of Chicago Drive. 010 "'009 -NP009 Los Arboles at Terra Mar Unit 1, Block 1, Lots A & 1 -5 & Block 5, Lots A & 1(Amending — 1.518 Acres) Located south of Holly Road and east of Rodd Field Road. Motion for approval to recommend continuance of new plat agenda items "a, b, g and i" 'o the January 24, 2007 Planning Commission meeting was made by Commissioner Martinez and seconded by Commissioner Kelly. Motion passed unanimously with Commissioners Braselton and Pusley being absent Miguel Saldana reac new plat agenda item "e" (shown below) into the record and stated That this item has been submitted for approval. Staff recommends approval. e. 010'005 -tiP005 The Coves at Lago Vista Unit 1 (Amending — 84.192 Acres) Located south of FM 2444 (South Stapes Street) and west of Oso Creek. Motion for approval of new plat agenda item "e" was made by Commissioner Tamez and seconded by Commissioner Huerta. Motion passed unanimously with Chairman Stone abstaining from the vote and Commissioners Braselton and Pusley being absent. .nning crur.isston \' nutes nuary I O 2;)1•- 'a<_>e 4 Miguel Saldana read new pat agenda items "c, d, f and h" (shown below) into the record rd stated 'hat these items have been submitted for approval. Staff recommends approval. ti 0- 003 -NP003 Roseland Place, Block 4, Lots 5A & 5B (Final Replat — 1.665 Acres) Located south of Rambler Street, west of Crosstown Expressway (SH 286) and east of Horne Road. t 07004 -NP004 Staples Plaza Unit 1 Block 1, Lots 7 & 8 (Final Replat — 3.465 Acres) Located south of Saratoga Boulevard (SH 357), north of Timbergate Drive and cast or South Staples Street (FM 2444). 0 10-7006 -NP006 King's Crossing Unit 13, Block 52, Lot 3 (Final — 1.805 Acres) Located south of Yorktown Boulevard and east of South Staples Street (FM 2444) 010 "008 -NP008 Waldron Road Subdivision (Preliminary — 14.77 Acres) Located south of Graham Road and east of Waldron Road. Motion for approval of new plat agenda items "c, d, f and h" was made by Vice - Chairman (.3arza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners 3raselton and Puslev being a'nsent Time Extensions Miguel Saldana read time extension items "a and b" (shown below) into the record and stated that the applicants' have requested a six month extension. Mr. Saldana stated that this is the second time extension request for item "a" Any additional time extensions from the applicant on this item .vi 11 require notification of accentuating circumstances. Staff recommends approval. a. 0106003 -P003 Lynwood Place Unit 1, Block D, Lots 1A -6A (Final — 1.41 Acres) Located north of Tiger Lane between Surrey Lane and Lamp Post Lane. 0606112 -P051 Sunrise Business Park, Block 1, Lots 1 & 2 (Final — 5.739 Acres) Located south of State Highway 44 and west of Clarkwood South Road (FM 2292i P arming Cornmisston vlinutes Lnuary Page 5 Public hearing was opened. No one was present in favor or opposition. Public hearing was ..losed Motion for approval of time extensions "a and b" was made by Commissioner Martinez and seconded by 'ice- Chairman Garza. Motion passed unanimously. IV. PLANNED UNIT DEVELOPMENT Tabled Planned Unit Development a. Case No. 1206 -04 The Preserve at Mustang Island: A change of zoning from an "A -T" Apartment District to an "A- T " / "PUD -2" Apartment Tourist District w /Planned Unit Development -2 Overlay 88.5 acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island. Dan McGinn presented the above Planned Unit Development request for a mixed use development containing 136 single family lots, seven (7) multi family lots and one (1) lot for a community recreational building. The subject property is currently vacant and is located north of Zahn Road and adjacent to the Packer)/ Channel. The area south of Zahn Road is being developed as a public park with the property to the west consisting of wetlands not to be developed. Due to the reduced setbacks and the mixed use or this development, the PUD is the best classification for this project which will be done in two (2) phases. Staff is recommending the following revisions to the "The Preserve at Mustang Island" Development Plan: 1. Section I. C Parking and Garages : Staff is requiring that parking be allowed on only one side of the main access road to allow 20 feet of unimpeded travel lanes for commuter and emergency vehicles Buildings that are sprinkled and over 15,000 sq. ft. require a 20 foot fire department access road to the structure. The development of the multi family and recreation Iots will trigger the need for a fire depaitiuent access road. The fire department has reviewed a proposed parking layout of staggering the parking from one side to the other with at least 30 feet separating the no parking zones and finds it acceptable. (The applicant is working on the finalized version of 'his parking layout and approval of the Development Plan will be contingent on the Fire Dept review and acceptance.) (Exhibit G: No Parking Layout -will need to be adjusied in the approved Development Plan to show additional areas for no parking zones) 2. I.0 Parking and Garages: Staff is recommending the addition of door openings to the Garages section under Private Drive and Private Access Drive. b. Garages: i. Garage door openings parallel to the alley will have a 20' setback. n Garage door openings at a 90 degree angle to the alley will have a 5' setback. 3. I. D Development Phasing: Phase 2. Lot 8 adjacent to Zahn Rd. will be contingent on the easement c'.osure b\ City Council. awning ti onunasrcn it uary 1 �)(,._ 'ae 6 \ ditional onditions to be aided to the "The Preserve at Mustang Island" Development Plan: Land Uses: Permitted uses on lot 13, block 6 and lot 1, block 8 will include single family_ !multi family, and parking to support the multi family or recreation/ retail lot. These lots will bo identified as multi family lots on the final Development Plan) Retail t. ses: Retail uses are permitted on the designated lot identified in the "The Preserve at Mustang Island" PUD Development Plan. The uses shall consist of personal service uses and retai' Time Limit: Construction of the subdivision project shall commence within one (1) year from the approved ordinance date of the "PUD -2" Overlay and construction shall be completed withir. three (3) years from the approved ordinance date of the "PUD -2" overlay or the "PUD -2" expires. Public hearing was opened No one was present ir favor or opposition. Public heanng was closed. Motion for approval c f planned unit development was made by Vice - chairman Garza and econded by (_'ommissioner Martinez. Motion passed unanimously with Commissioners Braselton :n _l Puslev being absent. Miguel Saldana presented the plat (listed below) in connection with Case No. 1206 -04 stating yiat Staff recommends approx al. b. 1206'.21 -NP135 The Preserve at Mustang Island (Preliminary — 139.26 Acres) Located between State Highway 361 and the Gulf of Mexico, north of Zahn Road Public hearing was opened. No one was present ir favor or opposition. Public hearing was closed. Motion for approval of plat was made by Commissioner Martinez and seconded by (commissioner Tamez. Motion passed unanimously with Commissioners Braselton and Pusley being absent. P anning C''om:nussion v(inute� .ianuar■ !C, 2 =47 Pige ZONING Tabled Zoning Cases a. Case No 1206-05 The Preserve at Mustang Island: A change of zoning from an "A -T" Apartment Tourist District to a `B -2A" Barrier Island Business District 6.3Q acres out of the Bryan William Survey No. 606, LS 64, located along the north side of Zahn Road on Mustang Island Dan McGinn presented the above case which is located in the same vicinity as Case No. 1206-04 consisting of 6.39 acres for the development of a commercial site. The existing land use is adjacent to the proposed mixed use residential project and the applicant is proposing a "B -2A" Barrier Island Business Dist'ict with the intended use not determined at this time. Staff recommends approval. In answer to Commissioner Huerta, Mr. McGinn stated that TxDOT will be reviewing the traffic but access will. in all probability, be from Zahn Road. Public hearing was opened No one was present in favor or opposition. Public hearing was closed. Motion for a "B -2A' Barrier Island Business District was made by Commissioner Huerta and seconded by Vice-Chairman Garza. Motion passed unanimously with Commissioners Braselton and Puslev being absent. 2. New Zoning a. Case= No. 0107 -01 Edwin W!lliams: A change of zoning from a "B -1" Neighborhood Business to a `B-4" General Business District Coastal Bend Subdivision, Block 2, lot 7, located north of Northwest Boulevard and 575 feet east of County Road 69. Faryce Goode -Macon presented the above case for a "B-4" General Business District located on Northwest Boulevard and County Road 69 for an auto parts and sales building providing no ervice bays. The existing land use shows the subject property as vacant with a public school to the forth. The remaining surrounding area consists of commercial property. A Special Permit for this ?raperty was approved in February. 2006 and the applicant is requesting the change in zoning to nerease the property to 7,372 square foot. Staff recommends denial of the `B-4" General Business District, and in lieu thereof approval of a revised Special Permit to increase the building size to 7,500 uare feet with a one year time in-nit. Manning ,uor m:ssicn Mi nutes 'urinary 10 2;4 - "aee 8 Publ.� hearing was opened No one was present in favor or opposition. Public hearing was closed Motion for a "B- 1" SP Neighborhood Business District with a Special Permit was made Commissioner Huerta and seconded by Commissioner Tamez. Motion passed unanimously Commissioners Braselton and Pusley being absent. VI DEFERMENT AGREEMENT: PUBLIC IMPROVEMENTS RODD FIELD BLOCKS 1 THRU 15 Mart Frances Teniente presented the above deferment request for Rodd Field waiving the onstniction requirements of 'water_ wastewater, paving, and drainage improvements to be 75% complete prior to recordation :3fthe plat. This request is based on reasonable cause due to requirements per the Platting ordinance, Section V.A.3.b. Public hearing was opened No one was present it favor or opposition. Public hearing was closed. Motion for deferment due to reasonable cause was made by Vice - Chairman Garza and seconded by Commissioner Martinez. Motion passed unanimously with Commissioners Braselton and Pusley being absent, V'II. PUBLIC HEARING ZONING TEXT AMENDMENT LIGHT EMITTING DIODE (LED) AND LIQUID CRYSTAL DISPLAY (LCD) SIGN AGE Faryce Goode -Macon presented the above text amendment to amend the Zoning Ordinance ".Article 33" under "Supplementary Sign Regulations, Permits Plats, and Filing Fees" to allow intermittent lighting. Light Emitting Diode (LED) and Liquid Crystal Display (LCD Signage. This amendment will cover section 'lumbers 1.02.01, 1.02.02. 1.02.03 and 1.02.04 under Section 33. Staff recommends approval. Public heanr-g was opener.: o )ne was oresenr in, favor it opposition. Public heanng was closed. Motion for approval was made by Commissioner Huerta and seconded by Vice - Chairman (.arza. Motion passed unanimously with Commissioners Braselton and Pusley being absent. Page 1 of 4 AN ORDINANCE AMENDING ARTICLE 33 "SUPPLEMENTARY SIGN REGULATIONS, PERMITS, PLATS, AND FILING FEES" ALLOWING INTERMITTENT LIGHTING, LIGHT EMITTING DIODE (LED) AND LIQUID CRYSTAL DISPLAY (LCD) SIGNAGE; PROVIDING FOR SEVERANCE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on April 1 ~ 2006, City Council adopted amendments to the sign regulations in the Zoning Ordinance; WHEREAS, the draft regulation was reviewed by the Planning Commission on January 10, 2007 and WHEREAS, with proper notice to the public, public hearings were held on Wednesday. January 10, 2007, during a meeting of the Planning Commission, and on Tuesday, January 30, 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 regulations proposed shall apply only to signs that communicate to the off - premise public; 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, THAT: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by revising Article 33, SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES, Sections 33- 1.02.01 through 33- 1.02.04, as follows: ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES 33 -1.02 FREESTANDING AND WALL SIGN. 33- 1.02.01 Single Tenant Freestanding Sign — One freestanding sign shall be permitted per street frontage or per lot and shall pertain only to the use(s) conducted within the building(s) located on the premise. Electronic Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. design. Such message on the electric boafd shall not flash or blink. H \LEG -DtR\ Shared \GaryS\ agenda \20071- 301ZngOrdTxAdmntLED LCD Signs.doc Page 2 of 4 Electronic LED and LCD static messages shall be displayed for no Tess than eight (8) seconds. 33- 1.02.02 Single Tenant Wall Sign — The square footage for electric, non- electric, attached or painted wall signage on any building /structure shall not exceed 25% of the building wall square footage for each elevation. All wall signs must be attached flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure and shall not project above the height of the building. Such sign Electronic Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. message on the electronic beard shall not flash or blink. Electronic LED and LCD static messages shall be displayed for no Tess than eight (8) seconds. Wall signage shall pertain only to the use(s) conducted within the building(s) located on the premise. • 33- 1.02.03 Multi- Tenant (3 or more Tenants) Freestanding Sign — One (1) freestanding sign for building /same project/development of 25,000 square feet or less or two (2) freestanding signs for building /same project development greater than 25,000 square feet shall be permitted, per street frontage, per lot or individual primary building and shall pertain only to the use(s) conducted within the building(s) located on the premise. Signs for building /same project/development shall be separated by a minimum of 150 feet. Electronic continuous message boards Light Emitting Diode (LED) and Liquid Crystal Display (LCD) signs are permitted. design, - Such message on the electronic board shall not flash or blink. Electronic LED and LCD static messages shall be displayed for no less than eight (8) seconds. 33- 1.02.04 Multi- Tenant Wall Sign — Electric, non - electric, attached and /or painted wall signage on any building /structure shall not exceed 80% of the individual tenant space length and shall be unlimited as to height. All wall signs must be attached flat against the wall of the building, shall not project more than eighteen (18) inches from the wall of the building or structure and shall not project above the height of the building. Such sign shall not utilize or incorporate flashing or blinking illumination. Electronic continuous message boards Light Emitting Diode (LED) and Liquid Crystal Display LCD) signs are permitted within the overall wall sign design. Such Electronic LED and LCD static messages shall be displayed for no less than eight (8) seconds. Wall signage shall pertain only to the use(s) conducted within the building(s) located on the premise. OS H:I LEG -DIR \Shared \GaryS\agenda12007" 301ZngOrdTxAdmntLED LCD Signs.doc Page 3 of 4 SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose 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. 4 H° t_ E3- DIR \Shared\GaryS\agenda,2007' 1- 301ZngOrdTxAdmntLED LCD Signs.doc Page 4of4 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 Brent Chesney John E. Marez Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison Jesse Noyola Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2007, by the following vote: Henry Garrett Bill Kelly Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia PASSED AND APPROVED this the day of , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED as to form: rwar_5 a.1 2007 By ititAG Ornik) ry . Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H: \LE 3- DIR\Shared\GaryS\ agenda \2007 \1- 301ZngOrdTxAdmntLED LCD Signs.doc 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 30, 2007 AGENDA ITEM: Motion authorizing the City Manager to enter into a collective bargaining agreement with the Corpus Christi Police Officers' Association for wages, benefits, and working conditions. ISSUE: The City of Corpus Christi, pursuant to Chapter 174 of the Texas Local Government Code, bargains collectively with the Corpus Christi Police Officers' Association for wages, benefits and working conditions of the police officers of the Corpus Christi Police Department. A collective bargaining agreement resulting from the negotiations is then ratified by the members of the bargaining unit and approved by the City Council. REQUIRED COUNCIL ACTION: Approval of the motion directing the City Manage to enter into the contract negotiated by the City of Corpus Christi and the Corpus Christi Police Officers' Association. PREVIOUS COUNCIL ACTION: The Council has previously directed the City Manager to enter into collective bargaining agreements between the City and the Police Officers' Association for wages, benefits, and working conditions of the police officers of the Police Department. CONCLUSION AND RECOMMENDATION: The recommendation is to authorize the City Manager to enter into the collective bargaining agreement that was ratified by the bargaining unit of the Corpus Christi Police Department on January 26. 2007. Bryan 5Mith Police Chief Attachments Collective Bargaining Agreement BACKGROUND INFORMATION The City and the Police Officers' Association have agreed to the contract pursuant to Chapter 174 of the Texas Local Government Code. An election ratifying the contract by the bargaining unit of the Police Department was held on January 26, 2007. The bargaining unit voted in favor of ratification. The Contract includes a monetary settlement of the following: • 3% increase to base salaries effective 8/1/06; • Increase, capped at 4 %, based on a market index of salaries in 24 Texas cities effective 8/1/07; • Increase, capped at 4 %, based on a market index of salaries in 24 Texas cities effective 8/1/08; • Increase, capped at 4 %, based on a market index of salaries in 24 Texas cities effective 8/1/09; • Uniform Cleaning increase from $35.00 per mo. to $60.00 per mo.; • Pistol pay decrease from $15.00 per mo. to $0.00 or $25.00 per mo. to $0.00; • Weekend Pay increase from $25.00 to $50.00; • Shift Differential increase from $25.00 per mo. to $50.00 per mo. or $50.00 per mo. to $75.00 per mo; • Funeral Benefit for police officers who die in the course and scope of performing their duty from $8,000 to $16,000; • Supplemental Insurance contribution from $100,000 per year to $103,000 per year in 2/1/07, $150,000 on 8/1/07, and an escalator increase equal to the increase given to members of the bargaining unit in 8/1/09 Other changes to the contract include: • An amendment to the internal investigation guidelines that includes a definition, excludes officer witnesses, and requires that an officer be informed of the general nature of the investigation forty -eight hours prior to being interviewed or asked questions in an internal affairs investigation except in exigent circumstances; • A provisions the losing party in an appeal of thirty hours shall pay all fees and expenses of the arbitrator; • Eligibility for Lieutenants who have 180- months of service or more at the time of execution of this contract and who does not have a bachelor's degree to advance to the 120 -month step; • An agreement to re -open negotiations on the issue of restructuring the health insurance plan; • Language giving the Chief authority to determine whether holidays are to be taken on the calendar date of the holiday or the City designated holiday; • An amendment authorizing the Civil Service Commission to adopt a promotional process for eligible officers on active military duty; • An amendment providing for grading of the oral interview in the hiring process; • An amendment that gives the Chief the ability to appoint Commanders and Assistant Chiefs from the rank of lieutenant; • A provision adopting a voluntary physical fitness assessment model, providing for incentives effective 8 1'08 and the establishment of a wellness program. REDLINED DRAFT AS OF JANUARY 15, 2007 AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION August 1, 2006 [2093] to July 31, 2010 [2004] TABLE OF CONTENTS Article - Preamble. Article 2 - Definitions. Article 3 - Association Rights A Association Recognition and Scope of Unit B Payroll Deduction of Dues Time Off for Association Business D Bulletin Boards Article 4 - Association Duties Article 5 - Management Rights Article 6 - Disciplinary Action Article 7 - Management Duties to the Association Article 8 - Grievance Procedure Article 9 - Hours of Work. A Workweek B. Overtime C Court Time and Cail Back D. Deferred Compensation for Overtime Article 10 - Salary and Benefits A. Monthly Police Salary Schedule B Health Insurance and Life Premiums C Field Train ng D. Educational Incentive Pay ..... E. Clothing and Equipment Pensions G. Classification compensated under the Managerial Group Schedule H. Termination Pay.... .,.. Longevity Pay J Bomb Squad Pay K. Breathalyzer Certification Pay.. Pistol Qualification Requirement and Pay M. Weekend Pay ....... .,.. N Shift Differential Pay.... Shift Changes.... Dog Handler Pay... Q SWAT Team Pay R. Hostage Negotiation Team Pay Dive Team Badges ? - Leave �. Holidays__ .......... ..... . E. Vacations C. Personal Leave D. Military Leave 3 Special Leave Line of Duty njury or Illness Administrative Leave H Leave Buy Back Sick Leave and Poci Other Leave Time Policies Article 12 - Personnel Practices A Interchangeable Use of Police Officers and Senior Police Officers B. Disability Civil Service D Civil Service Commission Records F. Notice of Shift Change Wearing of Uniform on Off Duty Security Jobs 0. Entrance Examinations Alternate Hiring Process Alternative Hiring - Reinstatement Mandatory Random Drug Testing K Layoffs. Recalls and Reduction in Force Article '3 - Promotions Posting and Administration of Promotional Examinations B Promotional Examination Corrections C. Senior Police Officer's Proficiency Examination 4 Appointment of Assistant Chiefs and Commanders E Probationary Period for Lieutenants and Captains Filling Vacancies Below Commander G. Eligibility for Promotion ,. H Promotional Procedures . Eligibility List 3. Nepotism Article 14 - Employee- Management Relations A Labor Relations Committee B. Internal Investigation Guidelines Legal Defense Service Article 15 - Association Health and Benefit Trust Article 16 - Impasse Procedures. Article 1 . - Political Activities Article 18 - Existing Conditions .. . Article 19 - Closing Clauses Appendix "A" - Dues Deduction and Special Assessment Form [mod] [Appendix "$ "- Special Assessment Deduction Adtl`iorjzafion Appendix "B [C]" - Termination of Dues Deduction Appendix "C [01" - Grievance Form Appendix "D [E] "" - Health Insurance and Life Premiums Appendix ''E" - Wage index Forms 5 Rppe c ix ' Physical Fitness 6 THE STATE OF TEXAS § COUNTY OF NUECES AGREEMENT ARTICLE 1 - PREAMBLE Pursuant to the mutual agreement of the parties, this agreement has been entered into by the City of Corpus Christi, hereinafter referred to as the "City "; and the Corpus Christi Police Officers' Association, hereafter referred to as the "Association:. The purpose of this agreement is the promotion of harmonious relations between the City and the Association; the establishment of equitable and peaceful procedures for the resolution of differences; and the establishment of compensation and other conditions of employment. ARTICLE 2 - DEFINITIONS "Accredited college or university," means a college or university whose accreditation is approved by the Texas Higher Education Coordinating Board. "Association" means the Corpus Christi Police Officers' Association. "Calendar days" means any day including weekends and holidays. When the agreement specifies 365 -days, 366 -days will be used during a Leap Year. "C.A.P.F.U.D.T.P, ' College of American Pathologist Forensic, Urine, Drug Testing Program. Chapter 143, Local Government Code," means the Municipal Civil Service Act, formerly TEX. REV.CIV. STAT. ANN Art. 1269m (codified 1987). "Chapter 174, Local Government Code," means the "Fire and Police Employee Relations Act," formerly Article 5154c -1 of Vernon's Annotated Civil Statutes. "Chief'` means the Chief of Police of the City of Corpus Christi. "City Manager means the Clty Manager of the City of Corpus Christi. "City" means the City of Corpus Christi. "Commission' means the Firefighters and Police Officers' Civil Service Commission of the City of Corpus Christi as set forth in Chapter 143, Local Government Code. "Emergency" is defined as any unexpected happening or event or unforeseen situation or crisis that calls for immediate action and requires alteration of schedules, work hours, shifts and /or personnel assignments. The Chief may declare an emergency pursuant to this definition. "Employee" means any sworn police officer of the City with the exception of the Chief of Police. "Executive Board" means those members of the Association duly elected or selected as officers and directors of that organization. 'Gender," Reference to the male gender throughout this Agreement shall have equal force and include reference to the female gender. "Grievance" means any and all disputes arising under the Grievance Procedure it Article 8 [Vlil "Member" means any employee who is on the membership list of and pays dues to the Association. "MRO " Medical Review Officer. "Police Officer Trainee." An individual employed by the Corpus Christi Police Department who has not yet completed the Corpus Christi Police Academy and been commissioned as a Police Officer. "probationary Period." Begins on the date of graduation and commissioning from the Corpus Christi Police Academy, and ends 365 - calendar days from that date. "S.A.M.H.S.A.' Substance Abuse and Mental [ ] Health [Safety A-ssecipfion] Services Administrtaion. "Seniority." Begins on the date of graduation and commissioning as a Police Officer from the Corpus Christi Police Academy. "Strike" means, whether done in concert or individually, a failure to report for duty, the willful absence from one's position, the stoppage of work, or the abstinence in whole or in part from the full, faithful, and proper performance of the duties of employment (including but not limited to "slowdowns ", "sickouts ", 8 and the intentional failure to make arrests), for the purpose of inducing, influencing or coercing a change in the conditions, compensation, rights, privileges, or obligations of employment. 'Supervisor" means any officer with the rank of Lieutenant or above, or any officer, when assigned supervisory duties by ranking officers having authority to make such assignments. ' 'Termination of employment" means the officer voluntarily resigned, whether eligible for retirement or not or was indefinitely suspended and did not appeal I :s or her termination of employment or after exhaustion of all appeals to arbitration andlor court. work hour or working hour means any hour an employee is scheduled to be c?n duty regardless of whether on a weekend or holiday. "work days or working day" means business days excluding weekends and holidays. ARTICLE 3 - ASSOCIATION RIGHTS A. Association Recognition and Scope of Unit. The City hereby recognizes the Association as the sole and exclusive collective bargaining agent for the unit consisting of all Police Officers, Senior [ ] Police Officers, Lieutenants, Captains, Commanders and Assistant Chiefs. B. Payroll Deduction of Dues. The Association shall supply the City with all necessary papers and information for payroll deduction of Association dues and assessments. The City shall not authorize payroll deductions for membership dues to any other employee organization, which is qualified to be a collective bargaining agent for police officers. 2. The City agrees to deduct dues upon receipt from the Association of a "Dues Deduction" form [Gard] voluntarily and individually authorized, signed and dated by each member of the Association. Such dues will be established by the Executive Board in accordance with the bylaws of the Association. This authorization shall remain it full force and effect for the term of this agreement or until termination by the employee. Such "Dues Deduction" form [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" form [c- rd]. Any dues increase will require the vote of the Executive Boara Gino shall not need additional signatures from the general membership 3. The City agrees to deduct special assessments or Health and Benefit Contributions from all employees that are members of the Association or the Health iand Benefit Trust Fund upon receipt of official notification from the President of the Association indicating that said special assessment has been approved and ratified by a majority vote of the Association members. In return, the Association agrees to defray the administrative costs to the City for such assessments in the amount of $50.00 per month to be invoiced by the City on a monthly basis during the period of special assessment. The City is not responsible for the administration and orocedures used by the Association in collecting, distributing or return of any assessment monies. The following language is for clarification only and is not subject to the grievance procedure: The assessment ballot shall state the type of assessment, the amount of the assessment, the designated period of the assessment, and date and manner of the reimbursement, if any. The reimbursement of all unused assessment funds shall be distributed equally within 30- calendar days of termination of the project as defined in the assessment ballot. For example, "the members shall be assessed $ 0.00 for collective Bargaining negotiations and reimbursement of all unused assessment funds shall be distributed equally within 30- calendar days of execution of a new agreement 4. At any time a member of the Association desires to withdraw his membership, he may voluntarily and individually do so. Such action will be initiated through a "Termination of Dues Deduction" form in Appendix "B" [c -ard] voluntarily and individually signed by the member of the Association and a list of the names of officers who have terminated their participation shall be sent to the Association [ to the City]. The Association, pursuant to its constitution and by -laws, may suspend a member temporarily or permanently. Sich action will be initiated through a 'Termination of Dues Deduction" form [c] signed by the president of the Association and furnished to the City. Such 'Termination of Dues Deduction" form [card] is found in Appendix "B" [ "G "] and is incorporated by reference into this agreement. The City shall terminate deduction of dues or the following pay period after receipt of the 'Termination of Dues Deduction" form [Gard} . The City will be obligated to remit to the Association only those sums deducted as dues and assessments from the Association member's paycheck and will not be liable for damages to the Association, any individual employee, or other persons for failure to deduct any authorized sum for any reason. . The City shall continue its practice of providing the Association with the print -out of current dues deductions. 11; . The City shall prcvide to the Association [ ] the police directory [quarterly!. the CCPD General Rules Manual and Divisional `vlanual, and the CCPD /Municipal Court Telephone Directory as updated. The association agrees to use the directory for only internal Association activities and „agrees to hold the City harmless. C. Time Off for Association Business. Subject to prior notification to the Chief or the next highest ranking officer, the Executive Board, or its designees, shall have the right to visit the premises of the Police Department for purposes of administering this agreement. =or a period of time not to exceed 4 -hours [2.5 hours], the Association shall have the exclusive right to make a presentation to cadets at each academy class on the benefits provided by the association, the benefits and rights under the collective bargaining contract, and the rights of police officers under state and federal law. The visits and presentations shall be conducted in a manner and at c time as not to interfere with the functions of the department and approved by the Chief. Such approval shall not be unreasonably withheld. 2 On each January 1, each member of the Association shall contribute accumulated sick leave hours to a pool to be known as the ' Association President" pool in an amount determined by the City and Association to be sufficient each year to fund the pool. This pool shall be used to compensate the Association President during his term of office in accordance with this paragraph. During his entire term of office, the Association President shall be relieved of duty with pay to perform Association duties. The Association President's base salary shall be offset by the hours in such pool. The City shall continue to pay all benefits and additional pay, which the Association President entitled to receive. The period during which the Association President is relieved of duty under this provision 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 during the emergency situation. If the Association President elects to return to duty for the remainder of his term of office he shall give the Chief 60- calendar days advance written notice of the date he shall return to duty. If the Association President occupies a supervisory position the Chief may temporarily appoint to such position the next person on the appropriate promotional eligibility list to serve in an acting capacity during the Association President's term of office. If there is no eligibility list for such position, the Chief may appoint a person from the rank immediately below to work out-of -class during such period. in the event of the incapacity of the Association President for a period in excesf of twc (2) weeks for illness or injury, at the option of the President, the President may elect to discontinue use of the Association President's pool and utilize sick leave. This shall be effective upon two (2) weeks written notification in advance that the Association Vice President shall be assuming the duties of the President. The Association Vice President upon assuming the duties of the President shall be eligible to use the pool hours during the absence of the President. In no event shall two (2) Association officers be eligible to draw pool hours from the Association °resident's pool at the same time or covering the some period of time In the event of the death of the Association President or incapacity during which the Association President is unable to communicate, the Association Vice °resident shall provide written notice of the intent to utilize the Association President's pool hours under this provision. 3 With 5- calendar days written notice to the Chief of Police, time off with pay will be allowed for officers who participate on the Association's negotiating team on days that the team is preparing for negotiations and while contract negotiations are in session. If the team member is on their regular day off, the employee is entitled to another day off with pay. The total number of persons participating on each of the negotiating teams shall be equal, but no less than three. Preparation time shall be limited to that reasonably necessary not to exceed one workday for each scheduled day of bargaining. 4. Members of the Executive Board and trustees of the Association Health and Benefit Trust may receive time off, without loss of pay, to attend regularly scheduled Association meetings, trust meetings, and Executive Board meetings. The Chief may, at his discretion, grant said time off, subject to scheduling and manpower contingencies that may arise. 5. A pool of 200 -hours [112 hours] shall be available during each year of this contract tor time off with pay for Association delegates and trustees to attend conventions or seminars held in connection with Association and trust activities, provided that said time off with pay shall not exceed a total of 200 - h )urs 412 hours;: each contract year regardless of the number of delegates elected to attend such functions. Additional expenses for travel, lodging, etc. are not included, The Association President shall approve in writing the use of pool time, and provide an accounting to a designee of the Chief of Police. Excep' for a person who holds the position of President of the Association and has elected to be relieved of duty to perform Association duties; no Captain shall be serve as representative for an employee on a grievance, serve on the Association Grievance Committee, or serve on the Association negotiating team Bulletin Boards. The Association may provide and maintain a bulletin board on any premise of the Police Department at its own expense. The City will not authorize the posting of bulletin boards on any premise of the Police Department by any other employee organization, which is qualified to be a collective bargaining agent for police officers. The bulletin board shall be consistent in design and standards to other bulletin boards in the Police Station tor posting of routine announcements of meetings, Association business, recrea- tional functions, legislative enactments and judicial decisions. The use of the bulletin board for the postings of partisan political material, editorial comments clnd viewpoints of employees in any manner, which would be in opposition to existing police working conditions, shall not be allowed. Any material on the bulletin board which the City alleges to be in violation of this agreement shall be promptly removed by the Association. The matter will then be immediately referred to Step "4" of the grievance procedure for resolution. The Association shall be allowed [to utilize j to disseminate bulletin board information under the same rules and regulations adopted for bulletin boards and in accordance with the procedures spelled out below. The Association President or his designee shall submit the proposed email in writing to the Chief for distribution to members of tne bargaining unit only. The Chief shall approve or disapprove of the proposed email within 5- calendar [3- business] days of receipt from the Association. The Chief shall notify the Association of his decision in writing. In the event the Chief denies he request. the Association shall have 5- calendar (3 businoss) days from receipt of the Chief's decision to appeal that decision to the City Manager. The City Manager shall either affirm or overrule the decision of the Chief within 5- calendar (3 business) days of receipt of an appeal from the Association. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. It is tne intention of this provision to allow the Association to provide information to officers only. Nothing herein shall be construed to permit or sanction two -way communication between officers and the Association using this method. Unauthorized use of the email system in response to Association emails sent under this provision shall be subject to departmental policy. - -._ ARTICLE 4 - ASSOCIATION DUTIES A. Prohibited Practices. Neither the Association nor any employee shall engage in any of the following practices: Restrain or coerce any employee in the exercise of any rights granted under this agreement; 2 Cause or attempt to cause an employee to discriminate against another employee because of the employee's membership or non - membership in any employee organization, or attempt to cause the City to violate any rights of the employee: 13 Discriminate against any employee because he has signed or filed can affidavit, petition or complaint, or given any information or testimony alleging violation of this agreement; 4 Discriminate against any employee covered by this agreement because of race, sex creec, color, age national origin, affiliation, association or r on- association; or discriminate in the application or interpretation of the provisions of this agreement Discriminate against any employee who has filed a grievance pursuant to Article 8 [VW] of this agreement; 6. Initiate, authorize, aid, or participate in any strike, picketing, or distribution relating to the employee's employment or the employment of any other person by the City or any other employee; or refuse to cross any picket line by whomever established where such refusal would interfere with or impede the performance of the employee's duties as an employee of the City. B. The parties hereto agreed that all negotiations will be conducted exclusively between the designated bargaining representatives of the City and the Association. Neither party will make any effort to bypass the spokesman of the other party during the period of negotiations for amendments to this agreement unless an impasse exists as defined under the "Fire and Police Employee Relations Act ", Chapter 174, Local Government Code. C. Any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the City to compensate, remunerate or otherwise assist employees after the effective date of this agreement shall not alter the terms of this agreement during the life of said agreement. This provision shall not unfavorably affect employees as to any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the State of Texas to compensate, remunerate oi otherwise assist employees after the effective date cf this agreement. Any changes in wages, hours, terms and conditions of employment and other benefits granted by the Texas State Legislature requiring the State of Texas to compensate, remunerate or otherwise assist employees snail not be incorporated into this agreement; nor shall the City be required at any time to pay any share of said wages, hours, terms and conditions of employment of other benefits. Any reduction or elimination of wages, hours, terms and conditions of employment, and other benefits by the Texas State Legislature that previously ' equired the City to compensate, remunerate or c�therwise assist employees ,jfter the effective date of this agreement shall not otter the terms of this Jgreement during the life of said agreement. 14 ARTICLE 5 - MANAGEMENT RIGHTS A The Association recognizes that the City has statutory and Charter rights :end obligations in contracting for matters relating to municipal operations. The right of contracting or subcontracting is vested in the City. B. The City shall have the authority to consolidate the operations of two or more departments, and to reorganize the operations within the department, or departments, and the right to lay off employees of the department. C The City shal :! have exclusive authority to transfer any governmental operations now conducted by it to another unit of government. Upon such transfer, all agreements are terminated, including this agreement as pertaining to personnel of the department affected by the transfer. D. The City and the Chief shall retain all rights and authority to which, by law, they are entitled. E. It is understood by the parties that every duty connected with operations enumerated in job descriptions is not always specifically described, and it is intended that all such duties shall be performed by the employee. F. The City shall reserve the right to use security personnel which include, but are not limited to, such job classifications incorporated within the Compensation and Classification Plan as Safety Security Officer, Jailer, Police Matron, Lifeguard, School Crossing Guard, and Maintenance Security Man, which require training in law enforcement, safety and security duties, fire fighting skills, emergency medical treatment, water safety, and other similar related skills. Such job classification, as well as similar job classifications adopted in the future which would include public safety personnel for Padre Island, are not subject to the terms of this agreement. G. The City reserves the right to use civilians in the Police Department to perform duties that ao not require a commissioned officer. Duties that require a commissioned officer are defined to be those duties required by State law to be performed by peace officers. It is specifically agreed that the City may use civilians to perform duties n the Police Department that are presently being performed by civilians irrespective of any requirements of state law concerning the requirement for a police officer. It is also agreed that civilians in the Police Department may not be used as direct supervisors of any commissioned officer. nterpretation of this provision is subject to declaratory judgment action. 15 H. The City reserves the right to use personnel from the Police Department and the Fire Department nterchangeably during natural disasters and civil disorders. The Chief shall have the exclusive right to: i Establish departmental rules and procedures; 2 Discipline er discharge for cause; Determine work and overtime schedules in a manner most advantageous to the City; Establish methods and processes by which work is performed; and Transfer employees within the department in a manner most advantageous to the City. J. Except as provided in this agreement, the City retains the right to operate and manage its affairs in all respects. ARTICLE 6 - MANAGEMENT DUTIES TO THE ASSOCIATION A. The City shall provide the following materials to every employee and the AssocfaTlon: A current copy of rules and regulations of the department and any amendments, and 2. A true and correct copy of this agreement. 3. A true anc correct copy of the Rules and Regulations of the Civil Service Commission tor Firefighters and Police Officers for the City of Corpus Christi, Texas, as amended. 3. The City shall not engage in the following practices: Interfere with, restrain, or coerce employees in the exercise of rights granted in this agreement; 2. Dominate, interfere, or assist in the formation, existence or administration of any employee organization which is qualified to be a collective bargaining agent for police officers; or contribute financial, support to any such organization. rF 3 Encourage or discourage membership in any employee organization by discrimination in hiring tenure, training, or other terms or conditions of employment 4 Discharge or discriminate against any employee because he has filed any affidavit: grievance, or complaint; or given any information or testimony alleging violations of this agreement; or because he has formed, joined, or chosen to be represented by any organization; 5. Discriminate against any employee or employee group because of religion sex, creed, color, age, national origin, association or non - association or affiliation in an organized employee group or discriminate in the application or interpretation of the provisions of this agreement. C. Hurricane Call Out. The City agrees to provide posted locations prior to a call out for a hurricane where employees may park their privately owned ehicies, and notify the otficers of the employee shelter. The City does not guarantee that vehicles will not be damaged at such locations or the safety of any person who remains at the employee shelter during the hurricane. D. The City shall notify the Association of all posted meetings of the Civil Service Commission for Firefighters and Police Officers for the City of Corpus Christi, Texas. ARTICLE 7 - DISCIPLINARY ACTION A. The Chief shall have authority to demote, temporarily suspend not to exceed 240 -work hours, or terminate any employee for the causes set forth in the Rules and Regulations of the Civil Service Commission for Firefighters and Police Officers of the City. =n the alternative, the Chief shall have authority to impose "alternate disciplinary actions" in the nature of required attendance at and participation in remedial, educational or rehabilitative programs. Such programs may be provided by the City or by the City through a third party. The employee may appeal such actions as provided herein. Nothing herein shall be c onstrued to allow appeals of reprimands or other disciplinary actions or alleged disciplinary actions, which were not previously appealable. It shall be within the sole discretion of the Chief to decide whether to utilize the "alternate disciplinary oc *ions" provided for herein, subject to the appeal provided herein. When the Chief chooses to demote, temporarily suspend, or terminate any employee, the arbitrator shall have no authority to consider or substitute an "alternate aisciplinary action." 17 B. Disciplinary action may be taken against a police officer within 180 - calendar days of the discovery by the Chief of conduct by the officer which would constitute a felony or a Class A misdemeanor, and not thereafter. Provided that such limitation shall not prevent disciplinary action against a police officer based upon his conviction for any such crime notwithstanding that discovery of the conduct or which the conviction is based occurred more than 180- calendar days 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. Provided, however, that nothing within this Section B shall in any way limit the time within which the Chief may take disciplinary actions under Chapter 143 and to the extent that Chapter 143 permits the Chief more time to initiate any disciplinary action it shall prevail. Internal Investigation Guidelines. "Internal Affairs Investigation" means cases where an allegation of misconduct has been made, an internal information report has been completed, assigned for follow up investigation; it does not include incidents or situations arising in the field which require initial fact finding to prepare an internal information report. In the event that a police officer is interviewed oy a division commander, captain, or internal investigator regarding an internal affairs nvestigatior [conduct], which, if proven, may result it a suspension or indefinite suspension, the following guidelines shall prevail. This provision shall not apply to officer witnesses who shall be advised of their role in the investigation. 1. The interview of any employee shall be at a reasonable hour, preferably during on -duty hours, if possible, but not necessarily, depending upon circumstances. In the event of a dispute of the reasonable hour determination, the decision of the Chief shall be final. 2. The interview shall take place at a location designated by the investigating officer, usually at the Headquarters Police Station. 3. The employees shall be informed of the rank, name and command of the officer in charge of the investigation, as well as the rank, name and command of the interviewing officer and the identity of all persons present during the interview. 4. Except in exigent circumstances, the employee shall be informed forty -eight (48) hours prior to being interviewed or asked to otherwise respond to an internal affairs investigation of the general nature of the investigation before any interview commences. Sufficient information to reasonably apprise the employee of the allegations shall be provided. If it is known that the employee being interviewed is a witness only, he shall be so informed. "Exigent c rcurnsrances include necessary cooperation during incident scene 18 procedures, ncluding securing the scene, controlling the public, preliminary esponses to press inquiries, obtaining witness information, obtaining and ;processing all physical evidence from the scene or from the officer." 5. The interview shall be completed with reasonable dispatch. Reasonable respites shall be allowed. Time shall be provided also for personal necessities, meals, telephone calls, and rest periods as are reasonably necessary. 6. The employee shall not be subjected to any offensive language, nor shall he be threatened with transfer, dismissal or other disciplinary punishment. No promise of reward shall be made as an inducement to answering questions. Nothing herein is to be construed as to prohibit the investigating officer from informing the employee that his conduct can become the subject of disciplinary action resulting in disciplinary punishment. 7. If an employee is under arrest or is likely to be, that is, if he is a suspect or the target of a criminal investigation, he shall be accorded all rights pursuant to law to which any citizen would be entitled. 8. At the request of the employee or the interviewing officer, the complete interview of the employee shall be recorded (video /audio) [mechanically] or by a stenographer. There will be no "off the record" questions unless so agreed by both parties. All recesses called during the questioning shall be noted in the record. The party requesting (video /audio) [ ] recording or recording by a stenographer shall pay all costs of same, unless the parties agree on a cost division between them. 9 Upon request of the employee or the employee's attorney, said employee or attorney shall be given an exact copy of any written statement the employee executed or if the questioning is )video /audio1 [mechanically] or stenographically recorded, the employee or the attorney shall be permitted to record or transcribe from the original recording of the officer's own statement or interview, upon his request, or to purchase a copy of the original recording. Tne City shall provide within a reasonable time prior to the rebuttal conference cr hearing L Loudermill "l, the employee or the employee's attorney a reasonable time to review but not copy verbatim or photocopy any complaints, affidavits, other written statements, GPS /AVL readouts, video recordings, audio recordings, and photographs, which have been gathered as part of the administrative investigation. The officer shall not release the provided information to any person other than his attorney or Association representative. 19 10. The refusal of an employee to answer questions and submit reports shall be grounds for disciplinary action. Any answer of the employee may be t:sed as evidence in any disciplinary action against the employee. . The investigator for Internal Affairs in charge of the particular case is required to inform the officer prior to being questioned, interrogated and /or investigated that he /she may have one representative, an attorney, Association representative or a personal representative, present during the employee's interview, unless the officer n writing voluntarily waives this right. If an officer is ordered to write a statement, the officer shall be allowed to write the Garrity Warning on the statement. No supervisor may represent or advise his or her immediate subordinate during any interviews conducted in an internal investigation. The Association President may represent or advise an employee during an internal investigation. 12 The Chief of Police recognizes the right of Association members to seek advice or representation by designated Association representatives [e], and to confer with such designated Association representatives [mom --en- referral to] and legal counsel. Such communications to an Association represen rative are privileged and shall not be the subject of compelled disclosure unless exceptions to the attorney client privilege would apply: had the communication taken place with counsel. Association representatives `rne ens] may not be compelled to reveal the substance of communications which clearly concern Association business; however, this provision does not insulate any behavior or conduct, including threats by °anguage or disorderly conduct from being fully investigated. D. Prior to any such disciplinary action, the employee and the Association 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 rebu+ the charges to the Chief, either orally or in writing, within 4- calendar [erj days, which time shall be stated in the notice. Nothing herein requires the City to meet service or procedural requirements in 2ovidinq notice 'o the Assoc atien. E. After the notice and opportunity for rebuttal provided in the preceding paragraph the Chief may demote, suspend, terminate, or take alternative disciplinary action against 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 placing it in the mail addressed to the employee's last known address along with delivery of the statement to the Association, and proof of such service shall be sufficient tip support any disciplinary action. A copy of such statement, along with a copy of 20 ?he 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 nave been violated by the employee and the specific act or acts alleged to be n violation. Said statement shall inform the employee that he has 14- calendar ,-1-0-working] days after receipt thereof to file a written appeal with the Director Df Human Resources. If alternate service is obtained [1] as provided herein, he employee shall have 14- calendar [- 1- 9-worl ] days from service upon the =association To appeal from any disciplinary action imposed, the employee need only file letter expressing his request to appeal to arbitration within such 14- calendar +-s -word j day period. Appeal from suspension, termination or demotion shall oe decided by one arbitrator, selected according to this contract. F. Upon receiving an appeal from an employee or his designee, the Director aaf Human Resources shall act immediately to notify the Association and Chief of ;he appeal to arbitration. When an employee will not be represented by the Association, advance payment of $1,000 for the arbitrator must be included with 'he notice for appeal to arbitration in order for the appeal to be valid. Such advance payment may be waived upon the City's acceptance of a written contract with the employee for payment of any charges, which might be incurred by the officer as a result of an appeal to arbitration. The Director shall immediately request a list of seven (7) qualified neutrals who are members of the National Academy of Arbitrators from the American arbitration Association or ether qualified agencies, which may be mutually agreed upon for this purpose. Within 7- calendar [five (5) working] days after receipt of the list, the Director of Human Resources shall contact the employee or his designee in order for the employee or his designee and the City to alternately strike the names on the list, and the remaining name shall be the arbitrator. If the parties cannot agree as to who shall strike first, the parties shall decide by a coin toss. G. The hearing shall be commenced within such reasonable time as the arbitrator selected can be scheduled. If the arbitrator selected cannot c ommence the hearing within 50- calendar days from his selection, either party may, within 5- calendar [2 -warms] days of so learning, call for selection of a new arbitrator, and if the parties cannot agree upon a substitute within 5- calendar [one-w€4 144g] days 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 snail be scheduled so that t can be completed without break, in consecutive 21 calendar days (excluding weekends and holidays). The arbitrator shall make an award within 30- calendar days of the close of evidence in standard arbitration hearings, and within 7- calendar (5 wor -fig) days of the close of evidence in expedited arbitration hearings. Post hearing briefs shall only be permitted in standard arbitration Hearings, and must be mailed to the arbitrator within 7- calendar days of the dose of evidence in 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 its 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. H. The following rules shah govern the conduct of hearings under this section, and of certain preliminary matters: . Upon the request of either party addressed to the opposing party at least 7- calendar (2 wor -king) 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. Each party shat _pay the subpoena fee of their own non -city •Nitnesses. 2. The arbitrator shall have the power to subpoena witnesses, records and other evidence upon not less _c.1r� {tha+t] [five] 7- calendar days notice. [Thee o (3 calendar days notice.] Pursuant to such notice, the Director of Human Resources shall issue subpoenas requested by the parties in the name :Df the arbitrator. A party may apply to the arbitrator to quash a subpoena issued by the Director of Human Resources. Any subpoena for records or documents shall not exceed the scope of discovery allowed by the arbitrator, and shall be served on the Department Director in constructive custody of such records or documents. Nothing herein shall prohibit the City from seeking common law relief in the state district court if the arbitrator exceeds his jurisdiction in regards to discovery. 3. In all hearings under this section, the City shall prove its case by a preponderance of the evidence. 22 4. The parties, in writing, may request discovery from each other concerning the case. Should the other party not agree to provide the requested nformation within 7_ calendar [twee] days of the request, the request shall be deemed denied. The requesting party may then apply to the arbitrator, who ;hall order such discovery as appropriate to the nature of the case, subject to -jies of discovery n Texas civil cases. In considering the application, the arbitrator shall consider the burden and expense of producing the information, 'he need of the requesting party, the amount of time available prior to the nearing, 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 equested within the 7- calendar [3 working] days prior to the hearing. 5. All hearings shall be public unless requested by the appealing employee 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 oe 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. 7. No supervisor may represent his or her immediate subordinate in disciplinary hearings held under this Article. The Association President or a designee who is not in the officer's chain of command is exempt from the provisions of this paragraph 1. The arbitrator shall have all powers vested in the Commission under 2hapter 143 and the commission Rules, with respect to suspensions, 'erminations, and demotions, except the power to amend such rules. J. Any notice or statement required to be filed by the Chief of Police 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. K. The decision of the arbitrator is final and binding on all parties. A district :ourt may hear an appeal of an arbitrator's award only on the grounds that the arbitrator was without jurisdiction or exceeded his jurisdiction or that the order was procured by fraud, collusion, or other unlawful means. L. 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 23 Association Rules or rules of other qualified agencies as mutually agreed upon for this purpose. M. A probationary employee may be discharged at the discretion of the Chief, without appeal to arbitration, to the Commission, or to any court, at any time during the 365- calendar day period subsequent to being commissioned as c police officer. N. Notwithstanding any other provision of this Agreement, the Chief shall have authority to impose any disciplinary action upon an employee, which is agreed to in writing by the Chief [,] and the employee The employee shall have no right to appeal such agreed disciplinary action, and no administrative or judicial body shall have power to review such disciplinary action or alter the terms of the agreement. O. 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 deadline and time restrictions provided by the contract. P. in addition to disciplinary powers vested in the Police Chief, the following supervisors shall have the right to suspend for cause, said suspensions not to exceed the following limits: (1) Police Commanders and Assistant Chiefs may suspend not to exceed 24 -work hours without pay for an officer assigned to work an 8 -hour shift and 30 -work nnours without pay for an officer assigned to work a 1D-hour shift- and (2) Police Captains may suspend not to exceed 16 -work hours without pay for are officer assigned to work an 8 -hour shift and 20 -work hours without pay for an officer assigned to work a 10 -hour shift. Such suspensions may be appealed within 7- calendar [5-worki] days to the Chief, and further appeal shall be to arbitration, according to the procedures for disciplinary actions by the Chief, except that no pre- suspension notice by the Chief shall be necessary, and the Chief may adopt the supervisor's letter as his own. Q. in cases of appeal from [mil suspensions, indefinite suspensions, demotions, ana promotional passovers [, ], 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. All other costs of arbitration shall be borne by the party incurring those costs. R. All hearings which are expected to be completed in one day shall be submitted for expedited arbitration. On all other hearings, the parties may agree tc request expedited arbitration. 24 S To the extent that any provision of this Article conflicts with or changes Chapter 143 or any other civil service statute, the statute is so amended, as authorized by Chapter 174 [. e _ —e - - -. _ _ _ _ T. Any officer temporarily suspended at the discretion of the Chief, may be allowed to forfeit vacation leave, holidays, or compensatory time in lieu of [4 offset a less,-ie y - ff-om] suspension "which means that the officer 'orfeiTs leave but does nct have days off, and continues to work his regular schedule). Any officer temporarily suspended for a period of 30 -hours [three days} or less shall be allowed to forfeit vacation leave, holidays, personal leave Dr compensatory time in lieu of suspension Jin like manner as above) [to offsot a ] if the officer agrees not to appeal the suspension. After 24- months, the City agrees not to use such un- appealed iisciplinary action in any future disciplinary case. [if the officor appeals a ,uspension of three e ee -e - • Tho arbitrator shall dosignate the losing party for ee -- ee • a •e - -e -e 1 U. Written reprimands may be issued by any supervisor to an officer without requiring prior notification. Copies of all written reprimands shall be given to the affected officer. The officer may reply, and such reply shall become a part of the officer's permanent civil service file. No written reprimand shall be placed in me file without the officer's knowledge. Letters of counseling shall become a part of an officer's departmental file. V. If the officer appeals a suspension of 30 -hours or Tess, the losing party shall pay all 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. W. To the extent that any provision conflicts with or changes Chapter 143 or cony °+'her statute, executive order, local ordinance or rule, this Agreement shall supersede such provisions, as authorized by Chapter 174 of the Local Government Code. ARTICLE 8 - GRIEVANCE PROCEDURE A. Scope of Grievance Procedure. The purpose of this grievance procedure is to establish effective machinery for the fair, expeditious and orderly adjustment of grievances. Only matters involving the interpretation, application, or enforcement of the terms of this agreement, shall constitute a grievance under the provisions of this grievance procedure, with the exception of Vvhistleblower claims. Any claim of adverse action based on Whistleblower 2; status under Article 554, [of the Texas] Government Code, or federal law must be in accordance with the procedure usually applicable under this grievance procedure, and shall follow he process set forth in Section E. B. Association Representation. A grievance may be brought under this procedure by one or more aggrieved employees to the Association or by the Association itself in cases where the subject of the grievance is an on -going practice by the City which affects the bargaining unit as a whole ( "Class Action":. C. Time Limitations. The aggrieved employee or employees shall bring the grievance in writing to the Association within 30- calendar [20 working] days of its occurrence: or if at the time the aggrieved employee is unaware of the grievance, within 30- calendar [20- working] days of aggrieved employee's knowledge of its occurrence. The Association in a Class Action shall bring the grievance to the Chief of Police within 30- calendar [20- working] days of its occurrence; or if at the time the Association did not know or should have known o` the grievance, within 30- calendar [29 -wort ] days of the Association's knowledge of its occurrence. The time limits prescribed herein may be waived by mutual agreement, in writing, by the Association and the appropriate management representative at each step. D. Steps: Step 1. informal Process. Prior to the formal commencement of a grievance, employees shall seek to informally resolve their concerns through their immediate supervisor Dr others consistent with the chain of command. Grievances settled at Step 1 shall not be considered a past practice or a waiver of the right to pursue D similar timely grievance by another aggrieved employee or the Association, Step 2. Association Review. The aggrieved employee shall submit his grievance in writing to the Association within 30- calendar [20 -werl] days as required in Section C. Any grievance not submitted to the Association within the prescribed time limit shall not be considered timely and shall be void. Within 30- calendar [20 working] days of receipt of the grievance, the Association shall determine whether the grievance is valid and notify the Commander in writing pursuant to Step 3. The Association shall judge each grievance in a fair and equitable manner and shat not discriminate against employees who are not Association members. In its sole discretion, the Association shall determine whether the grievance is valid or not. The association may modify, revise, or amend the grievance if necessary to properly place the dispute in issue for resolution. 2(' Step 3. Commander Review. If the grievance is approved by the Association, the Association shall pursue the appeal, with or without the grievant, to Step 3 with the Commander in the aggrieved employee's chain of command on the Grievance Form (Appendix "C" [" 9 "]). The written grievance at this step and at all steps thereafter shall contain the following information: (1) a statement of the grievance setting out the specific provision of this agreement to be interpreted, applied or enforced and the facts upon which it is based; (2) how the facts result in c violation of the agreement; (3) the remedy or adjustment sought ncludir:g c clear statement of the proper interpretation, application or enforcement of this agreement; and (4) the signature of the aggrieved employee. Said Commander shall respond in writing to this grievance within 30- calendar [20 working] days of its receipt. The written response at this step, and management responses at all steps thereafter, shall contain the following information: (1) an affirmation or denial of the facts upon which the grievance is based; (2) an analysis of the alleged violation of the agreement; (3) the remedy or adjustment, if any, to be made; (4) the signature of the appropriate management representative. The Commander shall FAX or hand - deliver a copy of the response to the Association. If the Commander does not respond within 30- calendar [2g- werk +ngj days, the grievance shall be deemed denied and the Association with or without the aggrieved employee may proceed to the next step. The aggrieved employee may not be represented by a member of the department who is in the aggrieved employee's chain of command. The Association with or without the consent of the aggrieved employee may withdraw the grievance at this step. Step 4. Chief of Police Review. The Association may submit a written grievance from Step 3 to the Chief within 30- calendar [2.5- working] days of receiving the Commander's written response. The Chief shall respond in writing to this grievance within 30- calendar [20 -work] days of its receipt. If the Chief does not respond within 30- calendar [20- working] days, the grievance shall be deemed denied and the Association may proceed to the next step. Failure of the Association and the Chief to resolve the grievance in writing or to submit to arbitration at the conclusion of Step 4 shall be the conclusion of the grievance. i� the case of the Association submitting a Class Action grievance, the Association shall submit that grievance directly to the Chief. The Chief shall respond in writing to Class Action grievances within 30- calendar [40- working] days of its receipt. If the Chief does not respond within 30- calendar [49- world] days, the grievance shall be deemed denied and the Association may proceed to the next step. Failure of the Association and the Chief to resolve the Class ,'f Action grievance in writing or to submit to arbitration at the conclusion of Step 3 shall be the conclusion of the grievance. Step 5. Arbitration. The Association may request, within 60- calendar [5Q- wor1 days of the denial at Step 4, that the grievance be submitted to arbi- tration if arbitration is mutually elected, or required, the parties may mutually agree to use the Federal Mediation and Conciliation Service (FMCS), or any other person mutually agreeable to the parties. If the parties cannot mutually agree, a list of sever (7) qualified neutrals who are members of the National Academy of Arbitrators shall be requested from the American Arbitration Association (AAA). Within 7- calendar [five (5) working] days after receipt of the +ist, the Director of Human Resources shall contact the President of the Association or his designee in order for the Association and the City to alternately strike the names on the list, and the remaining name shall be the arbitrator. The City and the association shall alternate as to which party strikes first on each list. The hearing on the grievance shall be informal and the rules of evidence shall not apply. The arbitrator shall not have the power to add to, subtract from or modify, the provisions of this agreement in arriving at a decision on the issue or issues presented; and shall confine his decision solely to the precise issue submitted for arbitration, and shall have no authority to determine any other issues not directly presented In the grievance. The decision of the arbitrator shall oe final and binding upon the aggrieved employee, the Association and the Cty. 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 pay The subpoena fee of their own non -city employee witnesses. Whistleblower Claims. The submission shall state specifically each law, which .s or was believed to have been violated and the factual basis for the claimant's belief that such a violation occurred. It shall further state each "appropriate law enforcement authority" to whom or which the violation has been reported. The grievance shall be filed at Step 4 (Chief of Police) and proceed through the steps in this process, provided however, that any person who is implicated in any of the reports shall not be included in the steps of the 8 grievance process. The Chief shall designate an alternate step in such instance, or f the Chief is implicated, the City Manager shall designate the alternate step. ARTICLE 9 - HOURS OF WORK A. Workweek. The workweek shall consist of 40 hours per 7 -day work cycle. Regular rate" and "regular rate of pay" as used in this agreement means base pay and longevity only, in accordance with historical payroll practice, and does not have any statutorily derived meaning. A meal break may be taken during the shift scheduled in compliance with the rules and regulations of the department. Notwithstanding any other provision in this agreement, the City shall be entitled to implement and qualify for meal time credit under the provisions of Section 142.0015(i), [of the Toxas] Local Government Code, and 29 553.223 and 785.19. Any work required in holdover from a shift shall not be compensable unless it exceeds 15- minutes. Where 15- minutes is exceeded, all time worked in holdover from shift shall be paid at the overtime rate, calculated in 15- minute intervals. Any time in excess of any 15- minute interval shall be compensated to the next quarter hour, B. Overtime. Overtime shall be defined as authorized work performed in excess of the regular workweek. Where overtime occurs as a result of shift assignment change all employees excluding those serving at the rank of Police Commander or above may elect to be paid straight time for the time worked or an equal amount of compensatory time. Where the employee elects to be paid, calculation for pay shall be made during the pay period in which the overtime was accrued. Productive time for the purposes of calculating overtime in a workweek includes vacation leave, holidays, sick leave, and compensatory t me, and any other authorized leave. Both parties believe that the pay and benefits under this agreement exceed the statutory minimums set by federal and state law for straight and overtime pay. In any enforcement action under federal or state law, the City shall be entitled to credit for all payments made under this contract which exceed the statutory pay obligations, including but ro' limited to the foregoing "productive time" provision, irrespective of the pay period or pay cycle when such occurred. The City shall also be entitled to the fJlU extent of the partial exemption under 29 U.S.C. 207 (k) in any such enforcement action. Shoulc any court rule or hold that the City is not entitled to he full credit provided herein, the City 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 Chapter 174 shall apply. All employees, excluding those serving at the rank of Police Commander or Assistant Police Chief. may elect to be compensated for overtime either in cash at the rate of 1- 1`2 times the employee's regular rate of pay, or in compensatory time equal to 1-1/2 times the actual hours of overtime worked for all other overtime worked. Scheduling of compensatory time shall be at the discretion of the Chief. In the 29 event of separation it good standing, the City shall pay accrued compensatory time not to exceed 240 -hours at the employee's regular rate of pay. Not more than 240 -hours of compensatory time may be accrued. The City shall give each employee adequate and reasonable opportunity to use the employee's compensatory time in excess of 240 - hours. Overtime at the rate of 2 times the regular rate of pay will be paid for work performed on Thanksgiving Day, Christmas Day and Easter Sunday. Overtime at the rate of 1-1/2 times the regular rate of pay will be paid for work performed on any other holiday listed in Article 11 [X4]. n effor+ to minimize non- volunteer overtime for events scheduled 90- calendar days or more in advance, the Chief will have posted sign -up sheets for voluntary overtime assignments 30- calendar days prior to the event. Sign -up sheets will remain posted until one workweek prior to event. Based upon the sign -up list, non - voluntary overtime assignments will be made or rescheduling will be done by the City in order to provide the necessary on duty police services for the event. When ordered by the Chief to work during an emergency or assigned to some duty not normally attendant to their supervisory and management responsibility of their job assignment or division, Commanders shall be compensated at the rate of 1-1/2 times and may be compensated in cash or compensatory time, for those hours worked over and above the regular 40 -hour workweek. C. Court Time and CaII Back,. Employees while off duty 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 employee's regular rate of pay with the minimum compensation of 3- hours. Employees who are subpoenaed while on vacation to give testimony about events arising out of their employment shall be compensated during the first 8 -hours of testimony for the employee's vacation time in that workweek as well as compensated for actual hours worked at the rate of 1-1/2 times the employee's regular pay with a minimum compensation of 2- hours. Compensation for subsequent Court testimony after the initial 8 -hours shall be at the rate of the employee's regular pay. 3. Employees who are called back to duty while on vacation shall be compensated for the employee's vacation time in that workweek as well as pay 30 with a minimum compensation of 2- hours, except that where an emergency exists the employees vacation may be canceled by the Chief, whereupon said employee shall be paid at his regular rate of pay. 4 The Association and the City shall work together in the Labor- Management Relations Committee in an effort to minimize unnecessary standby 5. Restricted on -call compensation. Off -duty employees who are ordered by the Chief to be on restricted on -call duty shall be compensated at a rate of $1 00 per hour while assigned to such on -call duty. On -call duty restrictions shall be determined by departmental policy D. Deferred Compensation for Overtime. The City shall establish a policy under which officers who participate in either a deferred compensation plan which has been approved by the City or the Public Employee Deferred Compensation Plan or its successor shall be eligible to defer all accrued overtime in increments of one hour or more into their deferred compensation plan. The policy shall require prior designation by the employee of the election to participate for a period of at least six months. All overtime deferred under such policy shall be deposited directly to the officer's account in such deferred compensation plan. The City may require that the employee release and hold the City harmless for any penalties or other liability incurred by the City as a result of allowing the employee tc defer overtime compensation under this provision. ARTICLE 10 - SALARY AND BENEFITS A. Monthly Salary Schedule Effective August 1, 2006 L3 %j. Class Class Title Code Starting 6 -mo 18 -mo 30 -mo 42 -mo 60 -mo 120 - mo P08 Trainee 2,856 5,768 ; 5,883 6,000 6,089 6,152 P07 Police Officer 3,318 3,484 3,665 3,858 4,052 P06 Senior Officer 4,256 4,463 4,687 4,921 P05 Lieutenant 4,692 4,926 5,177 5,435 5,707 Class Code Class Title Starting 9 -mo f 18 -mo 36 -mo 60 -mo PO4 Ca•tain 5,768 ; 5,883 6,000 6,089 6,152 Effective August I, 2007, the parties hereto agree that a "market approach" shall be used to determine waqe levels for members of the bargaining unit. In implementing this approach the parties agree to compare wage rates with Police Officers n the 24 other Texas cities, as listed in "Form-1" in Appendix "E ". The parties agree that pursuant to the following methodology, the City shall raise Police Officers base pay on guqust 1, 2007, August 1, 2008 and August 1, 2009 to bring Police Officers total pay to ratio of the "average" totals of the 24 other cities as of the date of the annual index described below. The "Composite Average" of the 24 pities shall be calculated as follows: 'tep One -- Complete Form -1 in Appendix "E" for each of the 24 cities and Corpus Christi. The applicable pay level to be used includes all steps and ranks below the first line supervisor that a good employee could reasonably expect to achieve, e.g. Amarillo Corporal, Corpus Christi Senior Officer, Dallas Senior Corporal, El Paso Senior Officer, Houston Senior Officer, Lubbock Corporal. Longevity pay means any pay in addition to base pay that is based on length of service e.q. "Stability Pay," 'Seniority Pay," "Longevity Pay." Shift pay is the total amount of shift pay available during a 24 hour day, divided by three, e.g. 2% evening and 4% nights would yield 6% during 24 hours. The amount to be included would be 2 %. Uniform allowance is the annual amount paid for uniform and maintenance. If the uniforms are provided, $600 will be used as the value. Bachelor's Degree means c four year degree from an accredited college or university. Master Peace Officers Certificate means the premium paid for having Master Peace Officers Certificate from TCLEOSE. If the bachelor and TCLEOSE premiums are offerer: on either /or basis the highest amount will be used. The measurement amount for each item and year will be the maximum rate paid d.,ring the year e.g. f the there is an increase at mid -year, the higher amount paid after the increase would be used for the entire year. All measurements assume that are employee meets or exceeds the requirements for merit increases and advancements. This step produces a number for each city and for Corpus hristi which is a composite average of base pay and the five additional pay components over thirty years. Step Two -- The 30 year average amounts for each department will be movec to Form - I . The combined "composite average of the 24 cities will be compared to Corpus Christi's 'composite average." Corpus Christi's base pay will be raised by an across- the -board percentage that increases Corpus Christi's total compensation as follows, and as compared to the average of the other 24 cities. Ail ranks and steps will receive the same percentage increase. For FY 2007 -2008, 2008 -2009 and 2009 -2010, if Corpus Christi's "composite average" (as defined and described above in Step One) is less than 98% of the ornposite average" of the other 24 cities, Corpus Christi's base pay shall be 32 increased to 101% of the 24 city average. If Corpus Christi's "composite average" is 98% or more of the average for the other 24 cities, Corpus Christi's base pay shall be increased to 100% of the 24 city average. Notwithstanding the above formula, the parties agree to place a maximum cap on the percentage increase that the City will have to pay in fiscal years 2007- 2008, 2008 -2009 and 2009 -2010 to no greater than four percent (4 %). Under no circumstances will the pay of police officers be reduced as a result of this indexing. The City and Association shall agree upon the annual index of the 24 Texas cities and complete the index no later than March 1. If no agreement is reached by March 15, the parties shall mutually agree on an outside consulting firm to calculate the index. If no agreement is reached by March 20 on retaining c consulting firm, the parties agree to retain PolicePay.Net to complete the index oy April 15. The parties shall equally share in the costs of the calculation of the index. 3oth parties recognize that the intent of the wage index is to attempt to place Corpus Christi Police Officers in the average of the range of Police Officers employed in comparable cities by utilizing the "Market Approach." Both parties also recognize that there are factors that could impact the City's ability to do so beyond the term of this Agreement. Therefore, the parties agree to collectively bargain in good faith during the last year of this Agreement to determine whether the goal of paying the officers at the average range is still achievable within the City's financial plan. The index shall be calculated pursuant to this Article for the average of the other 24 cities by March 1, 2010 for the purposes of educating the parties during negotiations. Qualifications: Senior Officer. To qualify for a pay step at 60- months of service as a Senior Officer. each Senior Officer must possess and Advanced Certificate from TCLEOSE or a bachelor's degree from an accredited college or university. To qualify for a pay step at 120- months of service as a Senior Officer, each Senior Officer must possess either a Master Peace Officers Certificate from TCLEOSE or o bachelor's degree from an accredited college or university. [Senior officers who have not achieved the 60 month step sell be designatod as SPO I with a silvor braid on the outside edge). Senior Officers who have achieved the .. Alb 31 2. Lieutenant. -o qualify for a pay step at 60- months of service as a Lieutenant, each Lieutenant must possess a Master Peace Officer's Certificate from TCLEOSE or bachelor's degree from an accredited college or university. To qualify for o pay step at 120 - months of service as a Lieutenant, each Lieutenant must possess a bachelor's degree from an accredited college or university. If a Senior Officer is promoted to Lieutenant, the employee shall be placed in the pay step that gives the employee an increase in pay. Current Lieutenants who have 180- months of service or more as a Lieutenan' at the date of execution of this agreement shall be entitled to this step without a bachelor s degree, but this provision shall not apply to any person without a bachelor's degree thereafter. To the extent that any provision of this article conflicts with ar changes C'napter 143 or any other statute, executive order, local o =dinance or rule, this agreement shall supersede such provisions, as authorized by Chapter 174 of he Texas Local Government Code. 4. Captain. To qualify for each movement to a new step, each Captain must ( ") have served as Captain for the months indicated, and (2) must pass a management review of his or her performance. he increase to the step for which the employee is eligible will not be made f performance is deemed unsatisfactory. An unsatisfactory performance review will be in writing. The Captain shall be allowed to answer in writing the unsatisfactory performance review and have the answer placed in his or her personnel file along with the Chief's review. {he Chief shall complete the performance review within 60- calendar [forty fic] days of the date the time in service is completed. If the Chief denies the Captain a step increase, the Captain may appeal to the City Manager in writing within 14- calendar days of receipt of the Chief's Performance review. The City Manager may grant or deny the step increase. if a Captain is denied a step increase for unsatisfactory performance, he or she will be re- evaluated each six months after the date of the initial review until he or she obtains a satisfactory review. The Chief shall conduct a performance review and may then grant the step increase previously denied, which if granted: will not be effective prior to the date of the Chief's approval. The management review and /or associated step increases are neither gnevable nor arbitrable. Even though there is no requirement to do same, the City of Corpus Christi may, if sufficient funds are provided in the budget, provide for annual bonuses tc oe paid to Captains, based on his or her performance. No bonuses are promised or guaranteed. 34 B. Health Insurance and Life Premiums. The City shall provide health nsurance coverage for Police Officers and their dependents in a preferred provider program called Public Safety Citicare (attached to and made a part of this Agreement as Appendix "D" E'E' }). The parties agree to re -open -negotiations no later than March 30, 2007, after the city's health insurance consultants have made their recommendations, and to make a reasonable effort to mutually agree upon a revised plan May 31, 2007. At that time the City be able to quantify and cost the proposed new plan, including any proposed funding of health savings plan. If the parties reach agreement and amend this contract those revisions will be included in the RFP for Health Benefit Providers, for implementation August 1, 2008. Both parties recognize that the City I: in the process of developing a modified approach to health benefits on city wide basis, and that the - ecommendations from the city's health insurance consultants were not available in time for consideration and negotiation when to s agreement was executed. The City agrees to provide the Association with Inc same health insurance information used by the consultants (with the (.x.eption of information subject to privacy limitations under state or federal law, ir,:cluding HIPPA) to prepare their recommendations. C Field Training Officer Pay. Field Training Officer pay of $200 {00) per month shall be granted in addition to regular pay to all officers for extraordinary, specific duties of training and evaluating recruit officers. [Effective November 1, et - e - -e! D. Education Incentive Pay. 1 No probationary employee will be eligible for educational incentive pay until after he has successfully passed his probationary period. Specific hours obtained through participation in the Police Academy will be considered applicable toward educational incentive pay only after successful completion of at least one other academic course in the related field on the employee's own time. 2. Educational Incentive Pay will be $1.00 per month for each semester r our satisfactorily completed provided that such hours are applicable toward a degree. Also the following monetary caps will apply: no more than $71.00 per month will be paid without successful completion of the requirements and receipt of the Associate degree; if the employee is attending a four -year 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 o Bachelor's Degree. All approved hours above the Associate Degree will be eligible for educational pay at this rate up to an additional $49.00 per month or c combined total of $120.00 per month. 3s Successful completion of the requirements and receipt of a Bachelor's Degree will qualify the employee for $125.00 per month. Approved hours above the Bachelor's Degree applicable toward a Master's Degree will be eligible for educational incentive pay at the same rate up to an additional $20,00 per month. Successful completion of the Master's Degree will qualify the employee for $155.00 per month. E. Clothing and Equipment The City shall pay 00% of the cost to provide every uniformed employee with all requirea initial clothing items and equipment, excluding shoes. The City shall thereafter replace or repair all said required clothing items and equipment, which are lost or damaged on the basis of 100% excluding shoes. A clothing allowance of $900.00 per year shall be paid to all officers who are required by order of the Chief to wear civilian clothing during their regular work assignment. Employees shall receive the clothing allowance in a separate payment. Employees whose lummp sum payment does not occur in August shall be paid an additional amount prorated based on the number of months remaining until their next lump sum payment is made under the new increased rate. The parties agree that the allowances provided herein reasonably approximate the amount of he expenses incurred periodically by the officers. Such payments will be made at the beginning of the contract year, or when assigned. At such time the police officer's assignment requires that he return to a police uniform and there is a remaining portion of the 365 -day period, the clothing allowance shall be prorated to the extent that it will be deducted from a future annual clothing allowance when the officer is transferred back to o duty assignment where civilian clothes are required. If the officer is separated from the service and a prorated clothing allowance is owed, it shall be deducted from his final paycheck. For each year thereafter, the City will pay up to $900.00 for replacement costs for those persons so authorized. A uniform cleaning [c g] allowance of $60 [1,354;91 per month shall be provided to each officer of the department for the purpose of uniform and clothing cleaning and maintenance. Pensions. The City shall maintain the retirement program in effect. Notwithstanding any other provisions of this agreement, in the event legislation is enacted which alters, modifies, or amends the Texas Municipal Retirement System either party, upon 30- calendar days written notice to the other party, shall have the right to reopen collective bargaining with regards to the subjects) of such alteration(s), modification(s), or amendment(s) within 60- 36 calendar days of the enactment of such amendment. The provisions of Article 6 [ 4} shall apply to any such reopening of collective bargaining. • [On or botore August 1, 2002,] The City shall adopt a twenty (20) year retirement option. [On or bet a January 1, 2005,] The City agrees to adopt the Seventy Percent (70%) CPI annuity increase and to adopt the automatic renewal of that percentage, and the City agrees to increase the employee pension contribution rote to 6% and to maintain the city's two -to -one matching contribution rate. G. Classifications Compensated Under the Managerial Group Salary Schedule. The positions of Assistant Police Chief and Police Commander shall be compensated at salary levels set forth within the Managerial salary schedule consistent with the provisions provided for the Managerial Group under Compensation Ordinance. All increases shall be made consistent with the requirements of the Managerial Plan. Individual salary increases based on merit, performance or other, as authorized by compensation ordinance shall be permitted for these classifications, Chapter 143 notwithstanding. As to Assistant Chiefs and Commanders, all officers in the same classification are not entitled to the same base salary; this provision specifically supersedes Section [Local Governmont Code) 143.041. H, Termination Pay. Upon termination, sick leave shall be paid to police officers according to the following schedule: (a) Less than 4 full years of service: zero hours (b) 4 full years of service: not more than 240 -hours (c) 5 full years of service: not more than 320 -hours (d) 6 full years of service: not more than 400 -hours (e) 7 full years of service: not more than 480 -hours (f) 8 full years of service: not more than 560 -hours (g) 9 full years of service: not more than 640 -hours (h) 10 or more full years of service: not more than 720 -hours (1) 20 or more full years of service: not more than 960 -hours (j) 25 or more full years of service: not more than 1,440 -hours Effective upon execution of the Agreement, the first 720 hours of such sick leave credit shall be paid at the rate of pay determined in accordance with the 37 statutory calculation under Section 143.045 [_ - _ _ _ _ - - - _ _ : The remaining balance, if any, shall be paid at the rate of pay including only base pay plus longevity. Longevity Pay. Longevity pay shall be $6.00 per month for each complete year of service up to a maximum of 10 years of service. Thereafter, for each additionai year of service, longevity pay shall be $4.00 per month for each year up to a maximum of 25 years of service. Bomb Squad Pay. Employees assigned to the bomb squad shall receive extra pay for such hazardous duty in the amount of $75.00 per month. K Breathalyzer Certification Pay. All employees currently certified as Breathalyzer operators shall receive extra pay in the amount of $30.00 per month [' otherwise provided herein. Every officor shall be required to demonstrate his dib Aft Allb for disciplinary action. Subsequent failure to sc -0Fe 70 shall be grounds for Provided, however, offer an offic -cr has geaiified for 12 consecutive months, Ab .. AL IA a. such proficiency 4t the rate of $25.00 per north. This cornponsation shall continue so long as his score remains within that range. To receive such unless he hos an excused absence: such pra#icieecy a# the rate of $1-.89 continue so tong as his score Alb friOR#V. This oomponsation shall 38 te- factice or; hfs ewra- time he can scc*e 70. The same compensation for master's end oxport's proficiency Excused Absences: i Vacation or leave of absence during the entire time the range is open for that rnonth. 2 Illness or injury leave during the entire time the range is open for the month. 3 Failure of the City to provide time for attendance during the officer's shift for officers whose shift assignment is not completely outside the hours when the range is open. L. [M]. Weekend Pay. Each officer who reports to work for a shift, which commences, between 10:00 p.m. on Friday and 9:59 p.m. on Saturday shall receive $25.00 per month; each officer who reports to work for a shill which commences between 10:00 p.m. on Saturday and 9:59 p.m. on Sunday shall receive $25.00 per month Effective February 1, 2007 the amount shall be increased to $50.00 each. M [N.] Shift Differential Pay. Each officer who reports to work for his regularly scheduled shift which ends between 6:00 p.m. and 12:00 Midnight shall receive $25.00 per month; each officer who reports to work for his regularly scheduled shift which ends between 12:01 a.m. and 8:00 a.m. shall receive $50.00 per month. Effective February 1, 2007 the amount shall be increased to $50.00 and $75.00. N . [Q], Shift Changes. If, as the result of a change in shift or assignment, any officer loses Weekend and /or Shift Differential Pay, which he was receiving prior to such change, the loss of such additional pay shall not be grievable under the grievance procedure established in this contract. [1z.] Dog Handler Pay. Any Officer who is charged with the responsibility for and is assigned a dog by the Corpus Christi Police Department to be used in law enforcement functions shall be compensated at the rate of $170.00 per month and one hour of overtime pay on days off, including vacation time, sick leave, compensatory time and personal leave. The parties agree that an accurate computation of hours of work caring for a police dog is difficult or impossible to determine and that the compensation provided herein 39 is a fair and reasonable agreement considering all pertinent facts and circumstances !f a police dog is retired (taken out of service by the city) the Chief of Police shall award the police dog to the officer if the officer so desires. The City shall have no further obligation for the care, maintenance and support of the police dog. [Q.] SWAT Team Pay Any Officer who is selected and serves as a member of the Special Weapons and Tactics Team (SWAT) for the Corpus Christi aoIice Department shall be compensated at the rate of $75.00 per month. . [R.} Hostage Negotiation Team Pay. Any Officer who is selected and serves as a member of the Hostage Negotiation Team for the Corpus Christi Police Department shall be compensated at the rate of $50.00 per month. R. [Si Dive Team. Any officer who is selected and serves as a member of the Dive Team for the Corpus Christi Police Department shall be compensated at the rate of $75.00 per month. S. [T.] Badges. Upon retirement the employee shall be permitted to keep their badge at no cost to the employee. Upon promotion the employee shall be permitted to keep any badge they have purchased. ARTICLE 11 - LEAVE A. Holidays 1. Each employee shall receive the following 7- holidays during each fiscal year: New Year's Day Memorial Day Fourth of July Labor Day Thanksgiving Day Christmas Day One holiday to be determined by City 2. Holiday time shall be added to vacation time. 3. The Chief may determine whether holidays are taken on the calenaar date or the City designated holiday date, taking into consideration the assignments and work schedules of the various divisions. Unless otherwise specified by the Chief, each of the listed holidays shall be observed on the calendar day on which it falls 4. Any employee who for any reason is absent without pay on a workday immediately preceding or following a holiday or on the holiday shall 40 rot be paid for the holiday unless worked, in which case he shall be paid only at his regular rate of pay. 5. Police officers shall be credited with 8 -hours if employee is assigned to an 8 -hour shift or 10 -hours if employee is assigned to a 10 -hour shift for holiday leave with pay for each of the above holidays during the period of the calendar year the officer worked. B. Vacations. . Police officers shall be entitled to 120 -hours vacation a year, which shall accrue on the basis of 26 biweekly pay periods a year. Police officers beginning their 16th year of continuous service shall begin to accrue 144 hours of vacation a year which shall accrue on the basis of 26 biweekly pay periods a year. Police officers beginning their 21St year of continuous service shall begin to accrue 168 hours of vacation a year, which shall accrue on the basis of 26 biweekly pay periods a year. Police officers beginning 26th year of continuous service shall begin tc accrue 200 hours of vacation a year, which shall accrue on the basis of 26 biweekly pay periods a year. After 30 years of continuous service, police officers shall accrue 240 hours a year, which shall accrue on the basis of 26 biweekly pay periods a year. For police officers scheduled to work 40- hours a week, 8 working hours per day shall be counted as used for vacation purposes. 2. When the City schedules vacations, employees shall be given preference as to vacation selection on the basis of seniority by work unit to the extent that such scheduling will not interfere with City operations. Work units shall be defined by the City. 3. All employees hired after October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation or termination the employee shall not be paid in excess of 480- hours. Ail employees hired on or before October 16, 1998, shall be allowed to accrue unlimited vacation leave hours (includes holiday leave hours), but upon retirement, resignation or termination the employee shall not be paid for accrued hours in excess of a cap of 720 -hours plus an amount equal to the accrued hours the employee had on the books as of October 16, 1998. The City shall notify each employee as to what their accrued vacation leave bank was as of October 16: 1998. For example, a current employee had 500 -hours of accrued leave on the books as of October 16, ' 998. Upon retirement, resignation or termination the employee had 1800 -hours of accrued leave. The City shall pay the employee for 1,220 -hours - includes the 720 -hour cap plus the 500 -hours for that employee as 41 established on October 16, 1998. If upon retirement, resignation or termination, the employee had 650 -hours of accrued leave, the City shall pay the employee only for 650 - hours.) Personal Leave. Employees are entitled to 40 -hours of personal leave. Personal leave is not accruable and will be lost if not used within the particular FY received. D. Military Leave. Any permanent employee who presents official orders requiring his attendance for a period of training or other active duty as a member of the United States Armed Forces, the Texas State Reserve Corps, or the Texas State Guard shall be entitled to military leave with pay for a period or periods not exceeding a total of 120- hours.in any one calendar year. Any permanent employee who leaves his position for the purpose of entering the Armed Forces of the United States, or enters State service as a member of the Texas National Guard or Texas State Guard or as a member of the reserve components of the Armed Forces of the United States shall, if discharged, separated or released from such active military service under honorable conditions be restored to employment in the same position as held at the time cf induction, enlistment, or order to active Federal or State military duty or service if still physically and mentally qualified to perform the duties of such position. In order to qualify for re- employment, the employee must make written application for re- employment within 90- calendar days after discharge or release from active Federal or State military service, to the head of the department in which he was employed prior to entering such military service. The Civil Service Commission shall adopt a promotional process in compliance with state and federal law for eligible officers on active duty military assignment. Special Leave. 1 In addition to leaves authorized above, the Chief may authorize an employee to be absent without pay for personal reasons for periods not to exceed 240 - hours. Leaves without pay in excess of 240 -hours and not exceeding 365 -days shall require approval of the City Manager. 2. The City Manager may authorize special leaves of absence with pay for any period or periods not to exceed 365 -days for the following purposes: Attendance at college, university, or business school for the purpose of training it subjects relating to the work of the employee and which will benefit the employee and the City service, serving on a jury or attending a court as a witness; and for purposes other than the above that are deemed beneficial to the City service. 42 3. The City Council, upon the recommendation of the City Manager, may grant leaves of absence with or without pay in excess of the limitations above for the purposes of attending extended courses of training at a recognized university or college and for other purposes that are deemed beneficial to the City service F. Line of Duty Injury or Illness. No sick leave shall be charged for an injury or illness sustained in the line of duty. Employees shall be paid injury leave in an amount not to exceed their regular salary as provided by the state law for injuries occurring while in the course of employment. The use of accrued sick leave may be granted to any officer at the discretion of the Chief for job related illnesses or injuries after injury leave has been exhausted. Line of duty illness shall be defined as an illness, which has been directly and substantially caused by the duties of the position. In the event the Chief denies a request pursuant to this section, the officer may appeal such denial in writing within 14- calendar [-1-0 were] days to the City Manager. The City Manager shall render a decision on the appeal in writing within 14- calendar [-1-0 - erl g] days of receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. G. Administrative Leave. Assistant Chiefs and Commanders may receive administrative leave time for work performed in excess of their regularly scheduled duties. Said leave time may be granted at the discretion of the Chief, subject to scheduling and manpower contingencies that may arise. Said administrative leave time shall, in no event, exceed that amount of time that Assistant Chiefs and Commanders have accumulated in excess of their regularly scheduled work. H. Leave Buy -Back. Effective August 1, 1999, each employee may elect tc sell back to the City 2 -hours of vacation leave for every hour of vacation leave used during the fiscal year not to exceed 80 -hours per fiscal year. Selling vacation leave hours to the City under this provision shall be in lieu of any other option to vacation days under this Agreement or any other City policy or practice. The City shall distribute funds in cash or as contribution to deferred compensation or as otherwise directed by the employee. Any costs incurred for the transfer of funds for distributions other than direct payment to the employee shall be the responsibility of the employee. The employee shall be required to give notification of the vacation leave sell back on or before December 1 and June 1 of each year. I. Sick Leave and Pool. Each police officer shall accumulate 120 -hours of sick leave with pay per calendar year. The sick leave pool will have a maximum balance of 8,000 - hours. When the total number of sick leave pool 43 hours drop below 3,200 - hours, 8 -hours of sick leave with pay for each officer shall become part of the sick leave pool, until the pool reaches its 8,000 -hour limit, and any remaining hours shall continue to be credited to the individual officer. If an employee does not have 8 -hours of accrued sick leave, the employee shall be debited 8 -hours from compensatory time or vacation leave days, in that order. Upon completion of probation, each officer shall have 8 -hours of sick leave credited to the pool. No officer shall be eligible to draw sick leave pool f ours until 8 -hours of his sick leave hours is credited to the pool. The following requirements determine when sick leave pool hours may be drawn: 1. Officers with four (4) years or less service may use pool hours after 80 -hours of continuous non -job related illness or injury. The first 80 -hours shall be charged to the officer's accumulated sick leave or vacation leave or, if personal sick leave has been exhausted, to dock time. 2. All other officers may use pool hours after 80 -hours of continuous non job related illness or injury . Provided, however, in addition, before being entitled to use hours, such an officer must first use all his accumulated personal sack leave in excess of the amount payable upon termination. Pool days may only be used for disability, which is defined as non -job related injury or illness, which incapacitates an officer 3. No officer shall be permitted to use more than 1,440 pool hours for a single illness or injury. 4. Pool hours may not be used for injuries or illnesses sustained in the line of duty. Injuries or illnesses sustained in the line of duty shall be compensated entirely under the terms of Article 11 [X4] (Section F) of this Agreement relating to ine of Duty Injury or illness.' 5. The number of hours in the pool shall be solely for the benefit of officers with extended injuries or illnesses, and such hours shall not revert to the accumulated sick leave of individual employees. 6. Pool time may only be used for disability, which is defined as a non - job related injury or illness which prevents an officer from fully performing assigned duties in all major divisions of the department. 7, Treatment for alcoholism, drug related problems and mental illness is not normally considered eligible for the pool. However, in a case where the employee is being treated for the first time for an alcohol, drug - related problem or mental illness and is certified by a physician or psychiatrist as requiring confinement in order to be treated and cured, use of the pool may be approved. Provided the employee is eligible time -wise, up to 40 -days may be 44 charged against the pool in such case. Need for repeated treatments to cure alcoholism, drug related problems, or mental illness will not be considered as being eligible for the pool. Other Leave Time Policies. The City shall maintain all other leave time policies affecting police officers currently in effect and not otherwise altered by provisions of this contract. K. Bereavement Leave. Upon the employee's request due to the death of an immediate family member, three (3) duty days of bereavement leave shall be granted. Immediate family members shall include the employee's parents, spouse, children, brothers, sisters, mother -in -law, father -in- law, brothers -in -law, and sisters -in -law, employee's or spouse's grandparents and grandchild. L. Funeral Benefit. The City Manager shall approve up to $16,000 MAW] in documented funeral expenses for employees who lose their lives in the course and scope of employment. ARTICLE 12 - PERSONNEL PRACTICES A. Interchangeable Use of Police Officers and Senior Police Officers. Senior Police Officers and Police Officers may be freely utilized interchangeably in positions presently staffed by either classification in the various divisions with the following exceptions where only Senior Police Officers may be permanently assigned: 1. Criminal Investigation Division 2. Field Training Officer 3. Division of Professional Standards 4. Special Services Division 5. Organized Crime Unit, and 6. Training Division in the event of exigent circumstances, the Chief of Police may assign an employee from the rank of police officer to work in one of the Senior Police Officer (SP-8] only positions for a period not to exceed 90- calendar days during a calendar year. This period may be extended for one additional 90- calendar day period. B. Disability. 45 1. A disability shall be defined as a physical injury or illness which prevents an officer from fully performing assigned duties in all major divisions of the Department 2. A permanent disability shall be defined as an injury or illness which disables an officer to the extent that it cannot be said in reasonable medical probability that the officer will be able to return to full duties within one calendar year. 3. The Chief may at any time require a medical examination to determine if an officer is permanently disabled. When it is determined that an officer is permanently disabled. the Chief shall be entitled to terminate or retire the officer, whichever is applicable. In the event the Chief determines, after consultation with the City Physician, that the officer is permanently unable to perform his or her job duties, he may institute immediate termination or retirement if applicable. An officer may call for further examination by a board of three (3) physicians. One such physician shall be appointed by the City, one by the officer and the third by agreement of said physicians. The officer and the City shall pay their own appointed physicians and the parties shall share equally in the cost of the third physician. The majority finding of the three (3) physicians as to whether a permanent disability exists shall be final and non - appealable. 4. Upon termination or retirement for permanent disability, the officer shall be entitled to a lump sum payment for all his accumulated personal sick leave, out shall not be entitled to use or be compensated for any pool hours. 5. Upon any employee's being absent from duty for 90- working days as a result of a single illness or injury, the Chief shall immediately require the employee to submit to a medical examination to determine whether the employee is permanently disabled, such determination to be made in accordance with the procedures in the preceding paragraph. 6. An officer who has previously been declared permanently disabled may be eligible for re- appointment to the service by the Chief upon certification by the City Physician that he or she recovered from the disability and is able to perform full duties. Provided however, after two years from the date of such disability the employee shale no longer be eligible for re- appointment. In the event the Chief denies a request for reappointment pursuant to this section, the officer may appeal such denial in writing within 14- calendar [10 work ] days to the City Manager. The City Manager shall render a decision on the appeal in writing within 14- calendar [ -1-0 -- were] days of receipt of the appeal. The determination of the City Manager shall be final and binding on the parties and shall not be subject to appeal to a grievance, arbitration or any other body. 46 C. Civil Service Internal Investigations. The Civil Service Commission shall rot conduct investigations of internal affairs within the Police Department. The term "investigation" means investigations of alleged misconduct of one or more police officers by the internal investigation unit of the Police Department. It is agreed that such internal investigations shall be the duty and responsibility of the Chief of Police. This specific alteration of Chapter 143 is authorized by Chapter 174[, = - - -_ --_, _ _ - -' _ -== =_'_ - 1 D. Civil Service Commission Records. 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. E. Notice of Shift Change. The Chief of Police shall post the monthly shift change schedule at least 48 -hours prior to the beginning of said shift change. This requirement shall not limit the right of the Chief of Police to reassign employees on short notice to other shifts, based upon scheduling and manpower contingencies that may arise. Recognizing that shift changes, transfers and job assignments may require the assessment of a number of factors, the Chief of Police maintains the right to make all shift changes, transfers and job assignments in accordance with its determination of what is in the best interest of the Department. The Chief of Police shall adopt and provide a copy of the departmental transfer procedure to each employee. Except in the case of an emergency, or unless operational circumstances require otherwise, job vacancies will be brought to the attention of employees so that those interested in a vacant position may express their interest to the supervisor who is responsible for selection. Notice of vacant positions, skills required, and process to be used to make the selection will be posted on the department bulletin boards in the form of a staff memorandum or e- mailed to all employees. The Chief of Police shall make a reasonable effort to assure that all eligible employees under his command are aware of the vacancy and the process to be used to make the selection. Employees who are interested in a vacant position should contact the appropriate supervisor in writing. Before the vacancy is filled, employees will be allowed a reasonable amount of time to apply. Skills, knowledge, abilities, training, previous experience and seniority shall be among the factors considered in the policy adopted by the Chief of Police. 47 The Chief of Police shall post the results of his decision on the filling of any job vacancy. Although not subject to the grievance procedure, should an employee feel that a misapplication of this provision in regards to shift changes, transfers or job assignments has occurred, he or she may file an informational complaint with the Chief of Police. The Chief of Police shall meet personally with the employee within 30- calendar days of the complaint being filed. Although not subject to the grievance procedure, should the Association feel that there has been a misapplication of this provision in regards to the policy or process on shift changes, transfers or job assignments, the Association may file an informational complaint with the Chief of Police. The Chief of Police shall meet personally with the Association and respond in writing to all Association informational complaints within 30- calendar days of the complaint being filed. F Wearing of Uniform on Off -Duty Security Jobs. An "off -duty security job" shall be defined as off-duty employment, the primary purpose of which is to utilize, or to potentially utilize, the training and police powers of the Corpus Christi police officer. The Chief may at his discretion, require a police officer working an off -duty security job to wear a police uniform during his first year of employment. After the first year of employment, the Chief may require a police officer working an off -duty security job to wear a police uniform where the circumstances clearly demonstrate that by said officer's failure to wear a uniform, he would present a danger to the public, the secondary employer, and the efficiency of the Police Department. The criteria that the Chief shall consider in determining whether or not a danger exists includes: 1. The secondary job assignment; 2. The officer's personnel evaluations and experience; 3. The officer's prior disciplinary record; and 4. The presence or absence of commendations and awards. G. Entrance Examinations. Entrance examinations may be adminis- tered at any time to qualified groups or individual applicants. Names placed on the eligibility list for entrance appointments shall remain on that list for 365 - calendar days from the date of the written examination. The eligibility list shall exist continually as names are added and deleted. No applicant shall be permitted to take an entrance exam more than once during a 365- calendar day period. The oral interview shall be graded and such grade shall be vcnpufed into the final score. 48 H. Alternate Hiring Process. (a) The City and the Association shall make a good faith effort to develop an alternate hiring process to be entered into between the City and other Texas cities providing for lateral transfer of officers from one city to another without restricting a transferred officer to entry-level rank. Any such agreement may be made by the Police Chief subject to approval of the Association's Executive Board, and shall be written and signed by the Chief of Police and no less than three (3) members of the Executive Board. (b) 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 alternate hiring process. Each applicant must (1) have a current TCLEOSE peace officer intermediate certification; (2) be employed or have been employed for at least 3 continuous years as police officer by an incorporated Texas city, as a deputy sheriff in any Texas County of at least 120,000 population according to the most recent U.S. Census, or by the Texas Department of Public Safety; and (3) actively worked as such within the 365 - calendar day period preceding his application. (c) Each applicant must successfully complete entry requirements, including a medical examination, a physical fitness examination, a written proficiency examination to identify writing skills and knowledge of Texas law, a background investigation (to include a polygraph), a drug test, a psychological examination, a panel interview (panel to be appointed by the Chief) and any ether current eligibility requirements deemed appropriate by the Chief. id) Applicants who are appointed must successfully complete an academy specifically designed for applicants who are hired in accordance with this alternate hiring process. The Chief, in his sole discretion, may deny the application of any applicant at any time. Such decision shall not be appealed to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. le) The beginning salary of officers appointed under this alternate hiring process shall be equal to the 30 -month Police Officer salary. These officers shall become eligible to take the Senior Police Officer exam 30- months after appointment. These officers shall be treated as new employees for all other purposes, including seniority; benefits and eligibility for promotion. Officers hired under this alternate hiring process shall serve a 180 - calendar day probationary period beginning with completion of the academy and may be discharged during this period at the discretion of the Chief, without 49 appeal to arbitration, to the Commission or to any Court and shall not be subject to the grievance procedure in this contract. s:gl The Association, recognizing the City's need for flexibility in the hiring process, hereby agrees to the deviations from Chapter 143 hiring procedures arc this Article supersedes them. i ] Reinstatement The Chief, at his sole discretion, may rehire police officers who terminate their employment with the City of Corpus Christi and request in writing to be reinstated within 18- months. The rehired officer shall be required to enter at the rank of police officer regardless of the rank they held when they terminated their employment. The rehired officer shall be allowed to retain all seniority they held prior to terminating their employment, however, the rehired officer must wait 18 months to be eligible to take the senior officer examination. If rehired, the officer shall not be required to take the civil service entrance examination or to re -enter the basic academy. For example, a rehired officer who had five years of seniority when they terminated their employment would be rehired at P07 at the 42 -month pay step. When a rehired (reinstated) officer passes the senior officer examination, he or she shall retain all seniority he or she had as a senior officer prior to terminating their employment. For example, if an officer had 5 years of service in the rank of senior officer when he or she terminated their employment, the officer shall be credited with 5 years of seniority as a senior officer when `hey pass the senior officer examination after being rehired (reinstated), and shall be paid as a 5 -year senior officer. However, a rehired (reinstated) officer who makes senior officer again shall serve for a period of two continuous years before being eligible to take the lieutenant's examination. The Chief shall have the right to require a rehired officer to successfully complete a designated course of in- service training and to impose a 180 -day probationary period from the date of rehire during which the officer may be discharged at the discretion of the Chief without appeal to arbitration, to the Commission, or to any court and shall not he subject to the grievance procedure in this agreement.] Mandatory Random Drug Testing. The City and the Association agree that police officers may be called upon in hazardous situations without warning, and that it is imperative to the interest of police officers and the public to ensure that police officers are not substance impaired. In order to further their joint Interest in protecting police officers and the public, the City and the Association agree to mandatory random drug testing described in this section. Thirty percent (30 %) of police officers of all ranks shall be mandatory random drug tested during each calendar year en a fair and impartial statistical basis as provided in the Police Department's Drug and Alcohol Policy. The fair and impartial 50 statistical basis (in which each police officer has an equal chance of being selected) shall 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 upon being selected by the computer. The City shall notify the officer as to whether the test was post- accident, random or based upon reasonable suspicion. For the purposes of this section: A. "drug testing" shall be defined as the compulsory production and submission of urine by an officer for chemical analysis to detect the presence of prohibited drug usage. B. "random drug testing" shall mean drug testing of individuals selected by the method described in the prior paragraph. C. "reasonable suspicion" shall be defined as a judgment /conclusion that a person is unable to safely and /or effectively perform their duties due to the suspected influence of drugs, alcohol, or inhalants. Reasonable suspicion is based on specific, observable facts that an officer may be under the influence of drugs, alcohol, or inhalants. Reasonable suspicion testing is not limited by this article, except to the extent that any urine testing utilized shall be in accordance with the lab testing protocol below. Reasonable suspicion testing may involve urine or blood as determined under existing legal standards. An employees mandatory random drug test results and related collection and diagnostic information shall be disclosed to the City to administer and enforce the Police Department's Alcohol and Drug Policy and this Collective Bargaining Agreement. The City and the Association otherwise regard an employee's mandatory random drug test results and related collection and diagnostic information as confidential. The City and the Association have a mutual interest in ensuring that drug impaired employees do not perform law enforcement duties. The City and the Association agree that the purpose of the mandatory random drug testing is not to punish an employee who has not violated the Police Department's Drug and Alcohol Policy. The City and the Association are committed to the principal that the mandatory random drug testing for employees is designed and will be administered to result in disciplinary action only against those officers who have violated the Police Department Drug and Alcohol Policy. The City has developed a Police Department Drug and Alcohol Policy with procedures and protocols, which follow the requirements of SAMHSA /CAP FUDTP The section of the Police Department Drug and Alcohol Policy dealing 51 with mandatory random drug testing and the consequences thereof is subject to amendment by the City only as the City determines is necessary to follow the requirements of SAMHSA /CAP FUDTP. A grievance regarding the application, interpretation or enforcement of the language in this section is subject to mandatory arbitration. The sample for testing shall be a split sample. The collector shall inform he officer of the size of the required sample, and shall use a chain of custody process to split, label and send the sample, which shall be forwarded on the same day as the sample is taken. The City shall require any laboratory selected for collecting samples, to conduct a background investigation or those laboratory personnel involved in the collecting or handling an unsealed sample. The City is permitted to and does utilize a different lab tor steroid testing. In addition, the City shall require any laboratory selected for collecting samples to use only employees who have not been arrested by members of the Corpus Christi Police Department or convicted of a felony or misdemeanor crime involving dishonest conduct or possession of illegal drugs to be involvec in the collecting or handling of an unsealed sample collected from a Corpus Christ Police Officer. Test results shall be inadmissible in any administrative disciplinary hearing if it is determined that the laboratory collecting samples has failed to conduct a background investigation on the laboratory personnel involved in collecting or handling the unsealed sample which resulted in a positive test result. The burden of showing that a background investigation was not conducted shall be on the party seeking to have the test results excluded from the administrative hearing. The City shall use only a SAMHSA /CAP FUDTP certified laboratory for mandatory random drug testing and shall require that such laboratory comply with the requirements of SAMHSA /CAP FUDTP. The results of the test or tests shall be sent by the laboratory to the Medical Review Officer via express mail service. The MRO may act separately on test results from each lab. The City shall allow the Association input into the Request For Proposal (RFP) on the selection of the Medical Review Officer, The test shall be a Police Department ten (10) panel test as set out in the Police Department Drug and Alcohol Policy. The specimens collected for testing shall be maintained in a secured area until picked up by the courier. The City shall use only a Medical Review Officer (MRO) for the City of Corpus Christi who is a licensed physiciar and who is certified as a Medical Review Officer by the American Association of Medical Review Officers. Nothing in this article shall be construed to abolish the existing authority and practice of the City to conduct drug test for: Pre - employment 2. Pre- assignment for Vice, Narcotics, Organized Crime or Emergency Reaction Units or as a dispatcher or clerk in the Communications 52 Division or as a Bomb Technician or as a member of the Peer Support team. 3. Reasonable suspicion. a. On return to duty after an absence of 30- calendar days or more. 5. Post - accident 6. Post - firearm discharge Such test will be conducted under the same laboratory processes and protocols as mandatory random testing. K. Layoffs, Recalls and Reductions in Force. Layoffs, recalls and reductions in force shall be pursuant to Section [Chapter] 143.085 [, Local Government Cock)]. ARTICLE 13 - PROMOTIONS A. Posting 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 365 - calendar day period beginning the following April. The City shall post the date of the examination and a listing of the above materials no later than 60- calendar days prior to an affected examination. Study materials will be available at least 60- calendar days prior to an examination. No competitor for an exam may receive from an authorized or unauthorized person any part of a promotional examination for unfair personal gain or advantage. With respect to vacancies in the ranks of Lieutenant and Captain, where no current eligibility roster exists, the City shall have 120 - calendar days from the date of vacancy to complete the administration of written and Assessment Center examinations and post an eligibility roster. The Chief shall have 30- calendar days from the posting of a Lieutenant or Captain eligibility roster to review the candidates and select an appointee, even if posting should for some reason occur more than 120- calendar days from the date of vacancy. For the purposes of this agreement the term "vacancy" shall occur whenever no person holds the position or a person previously holding the position is permanently disqualified from maintaining the position. A vacancy does not 53 occur during the tendency of a person's appeal of a suspension, indefinite suspension or demotion. B. Promotional Examination Corrections. The Civil Service Director shall have authority 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 tc general accuracy. C. Senior Police Officer's Proficiency Examination. Permanent police officers on the effective date of this Agreement who have 30 months of service in the Corpus Christi Police Department after commissioning as a police officer and possesses either an Intermediate Certificate from TCLEOSE or at least 60- hours of college credit from an accredited college or university shall be eligible tc take an individua pass -'ail written proficiency examination to qualify for immediate advancement to the rank of Senior Officer. Proficiency examinations shall be administered on a semi - annual basis. One test shall be given within one - month of each academy becoming eligible. If only one academy is eligible in any given year, the second test shall be given within six - months of the last test if there are any eligible officers. Officers shall advance only after successfully passing the examination by correctly answering at least 70% of all questions provided in the test. The results of the proficiency test with the exception of fraud shall not be appealable to the Civil Service Commission or arbitration. Probationary police officers as of the effective date of this Agreement and police officers employed after the effective date of this Agreement who have 60- months of service in the Corpus Christi Police Department after commissioning as a police officer and possess either an Intermediate Certificate from TCLEOSE or at least 60 -hours of college credit from an accredited college or university shall be eligible to take an individual pass -fail written proficiency examination to qualify for immediate advancement to the rank of Senior Officer. Proficiency examinations shall be administered on a semi - annual basis. One test shall be given within one -month of each academy becoming eligible. If only one academy is eligible in any given year, the second test shall be given within six - months of the last test if there are any eligible officers. Officers shall advance only after successfully passing the examination by correctly answering at least 70% of all questions provided in the test. The results, of the proficiency test, with the exception of fraud, shall not be appealable to the Civil Service Commission. D. After Acquired Educational Requirement for Lieutenants Promoted to Captain. Lieutenants promoted to Captain after the effective date of the Agreement who do not have a bachelor's degree from an accredited college or university shall be required to obtain a bachelor's degree from an accredited college or university within 48 calendar months of their promotion. This section 54 does not apply to employees promoted to Captain prior to the effective date of this Agreement. An employee who fails to obtain the required bachelor's degree shall be demoted to Lieutenant. An employee so demoted shall have ro right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion, and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. Upon demotion from the Captain classification, an employee shall resume the competitive classification of Lieutenant from which he was promoted ana his salary shall be in accordance with said competitive classification with service time credited as continuous time in that competitive classification and with his salary increases to which he would have been automatically entitled had he continuously remained in said competitive classification. When an employee is demoted, the demoted employee shall not "bump" another employee who is in the competitive rank of Lieutenant. E, Appointment of Assistant Chiefs, and Commanders. All promotions to the classifications of Assistant Chief or Police Commander shall be exempt from competitive examinations, and instead shall be made by appointment by the Chief. The appointment shall be within the discretion of the Chief, provided that the Chief shall promote the employees from the classifications specified elsewhere in this agreement. Captains appointed to Commander after May 1, 2003, [ .: _ _ _ :: - _ _ e =="=" ] who do not have a bachelor's aegree from an accredited college or university shall be required to obtain a bachelor's degree from ar accredited college or university within 48- months calendar months of appointment by the chief. Lieutenants appointed to Commander after the effective date of this Agreement who do not have a bachelor's degree from an accredited college or university shall be required to obtain a bachelor's degree from an accredited college or university within 48- calendar months of appointment by the chief. Persons who fail to obtain the required bachelor's degree shall be removed from the appointed position by the chief. Captains or Commanders appointed to Assistant Chief after May 1, 2003, [ _ _ = e : - _ _ e ==":' ] who do not have a master's degree from an accredited college or university shall be required to obtain a master's aegree from an accredited college or university within 60 calendar months of appointment by the Chief. Captains or Commanders appointed to Assistant Chief after July 31, 2005 who do not have a master's degree from an accredited college or university shall be required to obtain a master's degree from an accredited college or university within 48 calendar months of appointment by the Chief, Lieutenants appointed to Assistant Chief after the effective date of this Agreement who do not have a master's decree from an accredited college or university shall be required to obtain a master's degree from an accredited college or university within 48- calendar months of appointment by the Chief. Persons who fail to obtain the required master's degree.,shall be removed from the appointed position by the Chief. Employees appointed to the positions of 55 Assistant Chief or Police Commander under the provisions set out herein may be demoted from said position at the discretion of the Chief. An employee so demoted shall have no right to prior notice, a statement of charges, or to file a grievance or to appeal the demotion, and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. Upon demotion from such an appointed classification, an employee shall resume the competitive classification from which he was appointed and his salary shall be in accordance with said competitive classification with service time credited as continuous time in that competitive classification and with all salary increases to which he would have been automatically entitled had he continuously remained in said competitive classification. When an employee is demoted in rank from an appointed classification due to a red action in force, the demoted employee shall not "hump" another employee who is in a competitive rank. . Probationary Period tor Lieutenants and Captains. Employees promoted to the rank of Lieutenant or Captain may be demoted at the discretion of the Chief, without appeal to the Commission at any time during the 365- calendar clay period subsequent to being so promoted. An employee so demoted shall have no right to prior notice a statement of charges, or to file a grievance or to appeal the demotion. and the Commission shall have no jurisdiction, power, or authority to investigate or review such demotion or to alter the terms of such demotion. C. Filling Vacancies Below Commander. Upon written request by the Police Chief for a person to till a vacancy in any classification below the rank of Commander, the Commission shall certify to the Police Chief the names of the 3- persons on the eligibility list having the highest grades for the position to be filled, and the Police Chief may select any one of the three (3) persons so certified The Police Chief reed not state in writing his reason for selection or rejection of any of the three 3) persons certified by the Commission. In the event a person rejected desires to appeal the action of the Police Chief, such appeal shall be to an arbitrator selected as specified in paragraph F [E] of Article 7 [b], and there shall be no appeal to the Civil Service Commission. The person rejected who desires to appeal the action of the Police Chief is charged with the burden of proof of showing that the rejection was for some reason other than the officer's ability to perform at the higher rank. The arbitrator may overturn the decision of the Chief. Tne question of rejection on the part of the Police Chief shall be determined by the arbitrator. To the extent this paragraph alters any provision of Chapter 143, Chapter 143 is so altered, and it is mutually so agrees. 56 H. Eligibility for Promotion. The following minimum rank and service shall be required of all officers prior to participating in any part of the promotional procedure as set forth in this contract. Classification () Police Officer Months /Years Continuous Service Required Police Officers in Class 6 who were on probation on or before May 1, 2003, are required to have 45 months prior to exam (with requisite probation) and an Intermediate certificate or 60- hours of college or an Associate's Degree. No back pay is afforded these officers. [Permanont Polico Officer as of tho are - Feguired to te certificate or 60 an Associate's Degree- F-4Glaationofy Police Officors as of the offectivo date- e# -#hIs 1 ] Permanent Police Officers employed Other Requirements Promotional Classification 5? Written Proficiency Senior Police Officer 58 after May : 2003 the effoctivc date - of -this reemeet] are required to have 60 months prior to exam (with requisite probation) and an intermediate certificate or 60- hours of college or an Associate's De•ree. (2) Senior Police Officer 24- months of Promotional Exam service in rank I immediately prior to exam and an Lieutenant Intermediate certificate or 60- hours of college or an Associate's Degree. (3) Lieutenant 2 years service in Promotional Exam rank immediately prior to exam and a Bachelor's Captain Degree within 48- months of appointment to Captain. (4) Lieutenant or 2 years service in rank immediately prior to appointment and a Bachelor's Commander Captor Degree within 48- months of appointment as Commander. (5) Lieutenant or 4 years service in A total of 10 [6] Assistant Chief Captain or rank immediately years seniority Commander prior to appointment and [ servico] in the Department 58 a Master's Degree within 48- months of appointment as Assistant Chief. Promotional Procedures. The promotional examination procedure for the classification of Lieutenant and Captain shall consist of 2 parts as follows: Written Examination - Shall consist of questions relating to the specific duties of the position to be filled. The written examination shall have no specific tailing score but will provide a ranking of participants from high to low score. In he event that written examination scores are the same, the earliest time for submitting the examination form to the test administrator for grading shall determine respective standing, Only the highest 10- scorers from the Captain's written examination shall be allowed to continue on to the next phase of the examination process, Only the highest 15- scorers from the Lieutenant's written examination shall be allowed to continue on to the next phase of the examination process (Assessment Center). The City will engage an independent consultant firm to professionally develop the written examination questions after consultation with the Human Resources Department. Such firm shall deliver the examination questions in a sealed and secured manner confidentially to the Human Resources Department, which will maintain them confidential, in a safe and secure manner. Under no circumstances shall the examination questions be taken out from under the confidential supervision and control of the Human Resources Department. If any of the eligible 10 candidates for Captains or the eligible 15 candidates for Lieutenant has an indefinite suspension on appeal the City may add an additional candidate for each such pending appeal to the Assessment Candidate Pool, 2. Assessment Center Examination - Shall consist of: Six (6) certified police officers from outside the Police Department holding comparable or higher positions in a Police Department operating in a city of 100,000 or more population shall be selected to serve as assessors. All Assessors may be chosen by the Association and must have received authorization to participate by his /her respective Department. One of the six (6) assessors may be chosen from out of state. The Chief shall have the right to review the list of assessors and may strike no more than three (3) names from the list, If the Chief exercises the right to strike, he must provide a replacement(s) within 5- calendar days of reviewing the list. The identification of the assessors shall be keep confidential. The Association President or Designee,who develops the assessor list must not be a candidate for the promotional exam for which the 59 list of assessors has been developed. [All assossors must bo choscn prior to the The assessment center examination date(s) will be posted on the same day the written test announcement is posted. On the day or days of the Aromotional assessment center the candidates may participate in the assessment process it lieu of duty. Assessors shall be trained in the methods to be used in administering the test for a minimum of eight (8) hours. All candidates will be given the opportunity to attend a classroom orientation period concerning the assessment center process. The orientation will include general information concerning the exercises they will be taking during the assessment process. The independent consultant shall develop at least three exercises which he /she determines adequately assess measurable dimensions of the job analysis. Feedback shah 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 /her score, what areas he /she excelled in, what areas he /she did poorly n, and what they might do to improve their performance in the future. The scores of the assessment center shall count 60% of the combined score and the written examination scores shall count 40% of the combined scores to determine the final ranking when one -point for each year of service is added up to a total of 10- points maximum [fel]. Any grievance or suit, known or unknown, claiming a right to promotion shall be filed in compliance with this Agreement no later than 20 calendar days after the expiration of the eligibility list which is the subiect of such grievance or suit. In the event of an award by an arbitrator or court in such a proceeding, no other person with a ranking on any previously expired eligibility list pertaining to any rank, at the time of such iudament or award, shall ever be entitled to promotion, back pay, enhanced seniority, or any other relief. K. Eligibility List. Within 48 -hours of the completion, excluding weekends ana holidays, of the Assessment Center Examination, an eligibility list shall be prepared and posted with the respective ranking of all applicants based on the following weights: (1) Written Examination 40% _12) Assessment Center Examination 60% 100% [SieiRierity] Points on Lieutenant's Examination point for each year of service as al0 points 60 commissioned officer with [+R] the department up to a maximum of 10 points 110 Maximum Points [Seniority] Points on Captain's Examination 1 point for each year in rank up to a maximum of 5 points 5 points 105 Maximum Points The results of the Assessment Center shall be binding for 365- calendar days and with the exception of fraud, shall not be appealable to the Civil Service Commission or arbitration. L. Nepotism. 1. Promotions. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief is a candidate for lieutenant or captain and qualifies by written examination to continue with the assessment center examination, the Chief shall not participate in the promotional process or in making of any appointment from the list established there from and the City Manager shall exercise all of the contractual and statutory authority of the Chief with respect to said process and appointments. If the Chief's relative is promoted, the Chief shall not participate in the probationary review of the relative under Section E of this Article, and the City Manager shall exercise all of the Chief's authority under Section E and any related statutory provision. The Chief shall not participate in any other action, which would affect the relative's promotion or probationary review, and the City Manager shall exercise all contractual and statutory authority, which the Chief would otherwise exercise in connection with any such action. "Relative" is a person related to the Chief within a degree described by Section 573.002, [Texas] Government Code. 2. Transfers. This section shall take precedence over any other provisions of this Article or Agreement. If a relative of the Chief requests an inter - divisional personnel transfer, the Chief shall not participate in the decision- making process or n making any transfer. The City Manager" pursuant to General Rules Manual 1.12 shall exercise all of the contractual and statutory authority of the Chief with respect to said transfer. "Relative" is a person related to the Chief within a degree described by Section 573.002, [TexaJ] Government C; ode 61 M. Chapter 143 Applicability. No Portion of Chapter 143 is applicable to the promotional process for assistant chief, commander, captain or lieutenant with the exception of Sections 143.032(h) (1), and 143.034 and 143.028 (c). ARTICLE 14 - EMPLOYEE MANAGEMENT RELATIONS A. Labor Relations Committee. The City and the Association, having recognized that cooperation between management and employees is indispensable to the accomplishment of sound and harmonious labor relations, snail jointly maintain and support a labor relations committee. The labor - management committee shall consider, discuss and recommend to the Chief any problems pertaining to the employment conditions of employees. Matters subject to the grievance procedure shall not be appropriate items for consideration by the labor - management committee. The labor management committee shall consist of the following: (1) Director of Human Resources or his /her designee:: (2) The Chief or his /her designee, who shall be a police officer within the Police Department; (3) the Association President or his /her designee, who shall be a police officer from the Police Department from the Association; (4) the Association Vice-President or his /her designee, who shall be a police officer from within the Police Department from the Association; and (5) a member of the Association designated by the President who must be a police officer within the department. There shall be a written agenda of matters to be discussed. Officers desiring items placed on the written agenda shall forward the matter in writing to the Office of the Chief of Police through the President of the Association, The labor- management committee shall meet bi- monthly unless mutually agreed otherwise, and a written summary report of the meeting shall be generated within 30- calendar days subsequent to the meeting. 3. Legal Defense. The City will provide a legal defense to any police officer in a civil lawsuit, on account of any action taken by such police officer while acting within the course and scope of the police officer'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 an immunity or defense. which is available +o the City. The City need not assume any obligation not otherwise imposed by law for any judgment which is rendered against an employee who committed intentional acts, was grossly negligent, or reckless. 1. The police officer shall notify the City of any claim being made against such police officer not later than 30- calendar days from that date that such police officer received notice of such claim, and shall request the City to assume the defense of the police officer regarding such claim. The City may require that such request be made in writing. 62 2. If suit is brought against such police officer, such police officer shall immediately forward to the City Attorney every demand, notice, summons or other process received by him 3. Such police officer shall cooperate with the City, and, upon the City's request, shall assist the City in arriving at settlement agreements, 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. 4. If the City Attorney undertakes to represent the employee rather than provide private counsel, he or she shall disclose to the employee any conflicts of interest between the employee and the City in the civil action. If the employee chooses not to waive the conflict of interest, the City shall retain auafified private counsel. ARTICLE 15 - ASSOCIATION HEALTH AND BENEFIT TRUST Funding for the Corpus Christi Police Officers' Association Health and Benefit Trust, a limited liability benefit plan, will be made by members of the bargaining unit [ ] and the City hereby agrees to honor any contribution increase or decrease [special assossmonts] in accordance with Article 3 [111] (B) (3) of this contract. All officers commissioned offer the effective date of this Agreement shall be required to participate in the trust. [Effoctivc August 1, 20011 The City shall contribute $100,000 for supplemental insurance programs for active and retired police officers. Effective upon execution of this Agreement, the City's contribution shall be increased to $103,000 and the members' contributions shall be increased from $70 per month to $72.10 per month. Effective August 1, 2007, the City shall contribute $150,000. The parties agree to continue to use a contribution escalator for the contribution of members of the trust equal to the percentage increase afforded members of the bargaining unit during the fiscal year. Effective August 1, 2008, the parties agree to continue to use a contribution escalator for the contribution of the members of the trust equal to the percentage increase afforded members of the bargaining unit during the fiscal year. Effective August 1, 2009, The parties agree to continue to use a contribution escalator for the contribution of the city and the members of the 63 trust equal to the percentage increase afforded members of the bargaining unit curing the fiscal year The City is under no responsibility or duty to monitor the administration, distribution of benefits, or the eligibility for benefits pursuant to the terms of such benefit trust. The City agrees to honor any Open Enrollment to re- enroll officers who resigned from CCPD or wish to re -join using a "Join /Rejoin Contract." The City's sole obligation and responsibility shall be its the contribution to the trust, and the City shall have no obligation to provide or supplement any benefits, funding levels, or to make future contributions except as mutually agreed in this and future collective bargaining agreements. The City recognizes the Health and Benefit Trustees as the Plan Administrators governed by the Corpus Christi Police Officers' Association, Incorporated; Health and Benefit Trust Instrument; the CCPOA Health and Benefit Plan Document; and the CCPOA Medical Trust Rules. Any and all matters pertaining to the Health and Benefit Trust, which shall include any contributions increase, are forthwith governed by the aforementioned documents. The City further recognizes the Association President as the authorized representative Trustee who may receive information on each police officer and police officer retiree who contributes or has contributed to the Trust. Both parties agree to comply with any necessary contractuai or documentary requirements under state or federal law for access to information. Subject to state or federal law limitations, whether under current or future law, the City will provide information for the Health and Benefit actuarial studies, which shall include an up -to -date amount of contributions for each member in o month -by -month report and an annual report summary; census reports for all active Trust members for the preceding year; census reports for all retirees for the preceding year, their date of birth and current contribution and date of actual retirement. For active officers, information shall include name, HR Payroll Employee Identification Number, date of birth, date of hire, sex, contributions totals for each member and earliest eligibility for retirement to receive benefits under the Trust Plan. The City shall provide their contribution and any changes thereof. The City shall provide rates being paid for retirees pre- Medicare and post- Medicare and a copy of the City Rate Chart, how Tong the rates are in effect, how long the rates will be in effect, next rate increase and any indication as to what the rate increase will be. Provide any notice of intent to alter Medicare "Part D" and provide notice as to change in blended rates or age - specific rates. The forgoing shall be at no cost, or if there is a cost to the City the actual cost, to the Association or the Health and Benefit Trust and shall be sent as requested, to include United States Postal Service, facsimile and electronic mail address at the requestors choice. 64 ARTICLE 16 - IMPASSE PROCEDURES Negotiations for a new contract shall commence in accordance with Chapter 174 [ ]. If impasse should be reached as defined in Chapter 174, either party may request mediation, and upon such request, the parties shall immediately proceed to choose one mediator as provided herein. The function and powers of the mediator shall be as specified in Section 174.151. The mediation shall extend for 14- calendar days. It no agreement is reached through mediation, upon request of either party, the parties shall submit the dispute to one Fact finder, chosen as provided herein The Fact finder shall conduct a full and fair hearing. By agreement the parties may submit an issue or issues to the Fact finder. If no agreement is reached, each party shall be entitled to submit four proposals to the Fact finder, each proposal on a distinct topic. For example, each of these constitutes a distinct topic: salary dependent health insurance coverage, promotional procedures, and political activities. Each party may submit its four proposals and its alternatives to the other party's proposals. 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 Fact finder, the Fact finder shall render a written decision making findings of fact and recommendations as to all matters in dispute. In the opinion, the Fact finder shall state his reasons for his findings of fact and recommendations. In rendering such findings and recommendations, the Fact finder shall exercise his independent judgment and shall not attempt to "split the difference." In making the findings of fact and recommendations, the Fact finder 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 available to the City and demands on that income; a comparison of wages, hours, and conditions of employment of Corpus Christi police officers 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 comparable communities and in Corpus Christi; the hazards of employment, physical, educational, and mental qualifications, job training and skills required OT a Corpus Christi police officer: the cost of living in Corpus Christi relative to other communities; the rate of increase in the cost of living for the preceding twelve -month period using localized data to the fullest extent feasible; and any current national or state policies or guidelines with respect to compensation. The selection of the mediator and the Fact finder shall occur as follows. When either party requests mediation or fact - finding, the parties may agree to choose any mediator or Fact finder or method of choosing it. If no agreement 65 occurs within five days from the request, the parties shall request a list of seven 7 neutrals from the American Arbitration Association (AAA). Upon receiving the ist, 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 seven (7) c �lenaar [5- working] 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 Association. All other expenses, including witness fees, shall be paid by the oarty incurring the expense or calling the witness. If, within seven 7) calendar days after factfinding, the parties have failed to agree to a contract, the major, unresolved issues shall be submitted to the qualified voters of Corpus Christi in a referendum election according to the following procedure. The election shall be held on the first date permissible under state law, By agreement the parties may submit any issue or issues to the voters. If no such agreement is reached, then each party shall be entitled to submit two (2) issues to the voters, each issue on one distinct topic. For example, each of these constitute a distinct issue: salary, dependent health insurance coverage, promotional procedures, political activities. Each party will submit its 2- issues. and its alternatives to the other party's issues, so that the voters will vote on four (4) distinct issues. Each voter will have the option of voting for all of the issues of one party, or for some issues of one party and some of the other. The issues submitted to the voters will appear on the ballot exactly as each respective party would have them appear in the contract. The decision on each issue by a majority of the voters voting on the issue at the referendum election shall be binding on the parties, subject to the laws of Texas, and shall be adopted as part of the collective bargaining agreement. In the absence of agreement of the parties to the contrary the term of the provisions adopted by the voters shall be the same as the term of the entire contract entered into by the parties, or, in absence of such a contract, shall extend until the next July 31 following the election or until a new contract is agreed upon. The Association shall pay the cost of printing the ballots. All other costs of the elections shall be paid by the City. The place of the respective parties on the ballot shall be determined by coin flip. An impasse referendum can be canceled at any time up to 15- calendar days prior to the election date by agreement of the parties. The Association and the City agree that during the term of Article 16 [XVI], no request shall be made for submission of unresolved issues to arbitration under Chapter 174 or any other statute, charter or ordinance provision, and that any such request shall be void and ineffective. 66 Any provision of this Article 16 [XVl] may be amended by written agreement of the parties. If the impasse procedures established herein shall be held invalid by the courts, all other provisions of this Article 16 [XVl] shall become ineffective, unless the parties agree in writing to continue them in effect. ARTICLE 17 - POLITICAL ACTIVITIES [PART The City may prohibit police officers from taking an active part in any political campaign of another for an elective position of the city if they are in uniform or on active duty. [The City may prohibit police officers from taking an e. of the city. The Corm "active part" means making political speeches, distributing cards, circulars or other political literature, writing !otters, circulating petitions for and oponly soliciting votes, or making public derogatory romarks about The City may pr-Ghibit off -duty police officers from making public political • PART II Ah al as an ontity, shall tako an active part on or off duty in a political campaign of speechos, elistfibutihg cards, circulars or other political iitoFatuFe; doing work of public defega#xy Fehzarks about candidatos or efficials i volvod in recall proceedings; or engaging in any similar political activities. Whether this section arbitrator finds that a violation exists, he must declare this Article XVII null and -] 67 ARTICLE 18 - EXISTING CONDITIONS No employee shall be unfavorably affected by the signing of this agreement as to wages, hours, or other conditions of employment that he now enjoys except as otherwise provided in this agreement. ARTICLE 19 - CLOSING CLAUSES A. The effective date of this agreement shall be the _ day of , 2007 P4 day of May, 2003] except as otherwise provided herein, and the agreement shall remain in effect until midnight p.m. July 31, 2010 [2096] and thereafter until superseded by a new agreement. B. This document constitutes the sole and complete agreement between the parties. During the term of the Contract neither party shall be obligated to bargain collectively with the other with respect to any subject; provided, this provision does not affect any obligation which may exist to negotiate a successor contract effective after the expiration of this document. The impasse procedure in Article 16 [XV1] of this agreement shall be wholly inapplicable to any matter except impasse of a successful contract. The provisions of this contract shall take precedence over all State and local Civil Service provisions which are in conflict herewith, including for example and not by way of limitation, any contrary provisions of Chapter 141,142 and 143; City Charter of the City of Corpus Christi, Texas; ordinances of the City; Rules and Regulations of the Firefighters' and Police Officers' Civil Service Commission; and Rules and Orders of the Police Department of the City. D If any article or section of this agreement should be found invalid, unlawful or unenforceable 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 for the duration of this agreement. E. Both the City and the Association have relied upon their factual and legal understanding that the City is currently in compliance with state and federal law in the payment of straight time and overtime compensation in bargaining the wages one economic benefits under this agreement. Fiscal certainty is of the essence of this agreement to the City. In the event of any adverse judicial or agency determination finding that the City owes straight time or overtime compensation Jnder state or federal law above that paid under past practices reflected by the City's, payroll records, the City may request in 68 writing that the parties collectively bargain in good faith for the limited purpose of resolving the impact of any adverse ruling. 69 FOR THE CITY OF CORPUS CHRISTI, TEXAS Date George "Skip" Noe, City Manager City Negotiating Team Members: ATTEST City Secretary APPROVED: _ day of City Attorney , 2007 70 CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Date Domingo Ibarra, President CCPOA CCPOA Negotiating Team Members: APPENDIX "A" DUES DEDUCTION AND SPECIAL ASSESSMENT AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Dues Title Code Payroll No. No. Code No. Social Name_ Security No. (Last) (First) (M.I.) Address Zip Code I hereby authorize the City of Corpus Christi to deduct each pay period a `The] sum [of $ ] as certified by the Corpus Christi Police Officers' Association as the current rate of dues or an amount as may hereafter be established by the Corpus Christi Police Officers' Association as dues, or special assessment approved in accordance with the collective bargaining agreement and Association Constitution and Bylaws. This deduction is to be forwarded directly the to Corpus Christi Police Officers' Association. 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 71 Assossment Code Payroll No. Employee No. Titlo Codo No. Social Name Security No. (Last) (First) (M.I.) Address Zip Code { hereby authorize the City of Corpus Christi to deduct a special assossmont in tho sum of $ as certified by the Corpus Christi Police Officers' Association for the expressed purpose of . This special assossmont understand that the City of Corpus Christi will be obligated to forward Signed • failure to deduct any aum hofized sum for any reason. 72 Date ) APPENDIX "B [C]" TERMINATION OF DUES DEDUCTION ON SPECIAL ASSESSMENT AUTHORIZATION CORPUS CHRISTI POLICE OFFICERS' ASSOCIATION Dues Title Code Payroll No Employee No. Code No. Social Name Security No. (Last) First) (M.I.) Address Zip Code I hereby terminate the authorization previously executed by me on for dues deduction for the Corpus Christi Police Officers' Association and request that the City make no further deductions under said authorization. This termination of dues deduction is entirely voluntary on my part and I understand that the City of Corpus Christi will not be liable for failure to promptly effectuate this termination for any reason. Date: 73 Employee: APPENDIX "C [D]" GRIEVANCE FORM City of Corpus Christi Grievance No. Immediate Supervisor: Printed name rinted Name Grievance must be filed within thirty [30) calendar [20 working] days of occurrence or knowledge of occurrence. Fill in all information and submit to Commander in appropriate chain of command. Failure to appeal within the time periods prescribed for each Step will not be considered timely and shall be void. Step 1 Commander Review Statement of Facts: Policy. Practice, or Contract Provision alleged to be violated: Other individuals affected by Grievance: Remedy Sought Submitted by: this at a.m. p.m. Signature of Grievant or Class Representative Date Time Received by: this at a.m p.m. Commander or Staff Member Date Time Response of Commander: (Response must be completed within 20 working days of receipt of grievance) Accept Facts as Stated. Additional or Contested Statements to Facts: 74 Other applicable Contract terms, policies, or practices: Adjustments or Remedies Recommended: Approved by: this at a.m. p.m. Signature of Commander Date Time Received by: this at a.m p.m. Signature of Grievant Date Time Copy Sent To Association this at a.m. p,m, Date Time 75 Step 2 Association Review (Must be filed with Association within 10 days of Commanders Response) Employee Appeals Step I Response Accept Facts as Stated. Statements of Facts in Dispute: Reasons for Appeal: Submitted by: this at _ a . p.m. Signature of Grievant or Association if Class Action Date Time Received by: this at a.m p.m, Signature of Association Representative Date Time Association Determination: No Appeal. Appeal for the following reasons: Adjustments or Remedies Recommended: Approved by: this at a.m p.m. Signature of Association Representative Date Time Received by: this at _ a.m. p.m. Signature of Chief or Staff Member Date Time Step 3 Chief of Police Review (Notice of Appeal by Association must be s.. bmitted to Chief within 20 working days from date of Commanders Response.) Adustments or Remedies Recommended: Approved by: this at a.m. p.m. Signature of Chief Date Time Received by: this at a.m. p.m. Signature of Association Official or Staff Member Date Time Step 4 Request for Arbitration Association Elects to Proceed to Arbitration on Grievance No. Submitted by: this at a.m. p.m. Signature of Association President or Designee Date Time Received by: this at a.m p.m. Signature of City Representative Date Time 77 APPENDIX "D [E]" INSURANCE A Health Insurance. The City shall provide health insurance coverage for Police Officers and their dependents in a preferred provider program called Public Safety Citicare. The parties agree to re -open negotiations no later than March 30, 2007, after the city's health insurance consultants have made their recommendations, and to make a reasonable effort to mutually agree upon a revised plan May 31, 2007. At that time the City will be able to quantify and cost the proposed new plan, including any proposed funding of health savings plan. If the parties reach agreement and amend this contract, those revisions will be ncluded in the RFP for Health Benefit Providers, for implementation August 1, 2008. Both parties recognize that the City is in the process of developing a modified approach to health benefits on city wide basis, and that the recommendations from the city's health insurance consultants were not available in time for consideration and negotiation when this agreement was executed. The City agrees to provide the Association with the same health insurance information used by the consultants (with the exception of information subject to privacy limitation; under state or federal law, including HIPPA) to prepare their recommendations. [Either party may request in writing on or before August 1, 2005 that the parties faith over health -care benefits.] 1. The plan shall be structured as follows: PUBLIC SAFETY CITICARE BENEFITS: PRIMARY NETWORK SPECIAL SERVICES OUT -OF- NETWORK Calendar Year Deductible Nc Calendar Year Deductible $100 Per Individual 250 Max. Family $200 Per Individual 500 Max. Family Physician Services (Out- Patient, ER Visit and Second Opinions) $15 Co -Pay 80/20% Reimbursement 70/30% Reimbursement Physician Services (In- Patient) One time $15 Co- Pay firs` visit per Doctor 80/20% Reimbursement 70/30% Reimbursement PUBLIC SAFETY CITICARE BENEFITS: PRIMARY NETWORK SPECIAL SERVICES OUT -OF- NETWORK Laboratory Services (Physicians Office & Lab. Facilities) $10 Co -Pay 80/20% Reimbursement 70/30% Reimbursement Emergency Room Services $15 Co -Pay Then 85/15% Reimbursement X -Rays Physician's Office: X -Rays Facilities: $10 Co -Pay $15 Co -Pay 80/20% Reimbursement 70/30% Reimbursement Prescriptions Co -Pays. $5 Generic 20 Brand PUBLIC SAFETY CITICARE BENEFITS: PRIMARY NETWORK SPECIAL SERVICES OUT -OF- NETWORK Calendar Year Deductible No Calendar Year Deductible $100 Per Individual $250 Max. Family $200 Per Individual $500 Max. Family Emergency Room Services $15 Co -Pay Then 85/15% Reimbursement 80/20% Reimbursement 70/30% Reimbursement Prescriptions Co -Pays. $5 Generic 20 Brand No Deductible 80/20% Reimbursement No Deductible 70/30% Reimbursement 80/20% Reimbursement 70/30% Reimbursement Hospitalization ;In- Patient) Ten 85/15% Reimbursement 200 Deductible 600 Max. Family Hospitalization (Out- Patient) 100 Deductible 11250 Max. Family 85en Reimbursement 80/20% Reimbursement 70/30% Reimbursement Out -of- Pocket Cost LExcluding Co- ys & Deductibles) $500 Per Individual $1,250 Max. Family $700 Per Individual $1,750 Max. Family $700 Per Individual $1,750 Max. Family employees and dependents covered by the Public Safety Citicare will be excluded from the drug formulary. 79 ** Emergency Room Services. Will increase to $50.00 Co -Pay provided that 2 minor emergency clinics are included, one on the Southside of Corpus Christi and the other in the Calalien area. Should the number of minor emergency clinics fall below 2 for more than 90 consecutive days the Co -Pay will be $15.00 Other eligible services and eligible medical supplies as shown in the Public Safety Citicare Plan document shall be covered at 85 %/15% for primary network, $100.00 deductible/ $250.00 family maximum deductible and 80 %/20% for special services or $200.00 deductible/ $500.00 family maximum deductible and 70 %/30% for out of network. When expenditure is made toward a deductible and /or out -of- pocket requirements it is cumulative in all three categories. Special Services are those services, which are provided outside the participating provider service areas due to residency or emergency care or referrals from a primary network provider if services are not available through a primary network. Participating Provider Service Areas are those locations covered by a primary network; South Texas, Dallas/ Ft Worth, Houston, San Antonio /Laredo and Austin. Out of Network is the use of any hospital, physician or other health care facility or professional that has not signed an agreement with the City or its health care administrator to provide services as the preferred provider. Should the number of hospitals available in the network fall below 2 for more than 90- consecutive days, the reimbursement percentage for out -of- network hospitalization shall be 80 %/20 %, deductibles shall be $100.00 per each covered individual, $300.00 family maximum, and out -of- pocket shall be $480.00 per each covered individual until the number of hospitals is at least two. Should the number of total physicians in the network fall below 300 for more than 90- consecutive days, the reimbursement percentage for out -of- network physician services, laboratory services and x -rays shall be 80 %/20 %, the ,leductible shall be $100,00 per each covered individual, $300.00 family maximum, and out -of- pocket shall be $480.00 per each covered individual until he number of physicians in the network is 300. Should the number of total physicians in the network fall below 300 for more than 90- consecutive days, and should the number of hospitals available in the network fall below 2 for more than 90- consecutive days, the health care plan :Plan H) in effect prior to adoption of this agreement shall be reinstated, so uNess the Association informs the City within 30- calendar days of their decision 'o remain covered by the Public Safety Citicare Plan. The City shall have 30- ' :alendar days to reinstate Plan II after being notified of the Association's decision Should the number of network physicians in any one specialty remain for more than 90- consecutive days below 50% of the number of network physicians who were in the network in that specialty on March 1, 1996, out -of- network physicians services in that specialty shall be reimbursed at 80%/20 %, the deductible shall be $ 100.00 per each covered individual, $300.00 family maximum and out -of- pocket shall be $480.00 per each covered individual until the number of network physicians in that specialty increases to at least 50% of the number who were in the network in that specialty on March 1, 1996. Provided however, that a covered individual who was being treated by a network physician within 90- consecutive days before the day the number fell below 50% shall pay the Primary Network Physicians' Services Co -Pay rate for that treating physician's services for up to 90- consecutive days after the number fel below 50% if that treating physician has become an out -of- network provider. 2. The City shall pay 100% of the employee's premiums and 50% of the premium for dependent coverage. Premium rates shall be determined by the city based on the cost of the plan. 3. The City has the authority to restructure benefits, with the exception of hospitalization deductibles, maximum out of pocket amounts and reimbursement percentages. The City also has the authority to restructure network composition of the preferred provider network. The City retains the right to negotiate with insurance and /or medical providers for benefits, coverage and administration under Public Safety Citicare. 4. The benefits in the out -of- network portion of the plan may not be changed unless negotiated and agreed upon by the City and the Association. Benefits in existence in the health care plan for Police Officers and their dependents (Plan 11) in effect prior to adoption of this agreement shall be incorporated into the out -of- network portion of the Public Safety Citicare Health Plan unless changed by this agreement. 5. The purpose of premiums is to generate revenues to cover claim costs. Co -pays are not intended to generate revenues. B. Retiree Health Insurance Coverage. Employees who retire under the conditions of regular TMRS retirement, and their previously participating dependents, shall be eligible to continue participation in the City's Group Health Insurance Program at monthly premium rates as set forth in the insurance 81 contract and the Health and Benefit Trust Instrument, Plan Document and Trust rules subject to periodic changes in rates as required. The total cost of such continued coverage shall be paid entirely by the employee and /or spouse. This coverage shall require a signature if it is to be canceled, otherwise it is assumed the participating member desires to participate in the Health and Benefit Trust Plan. Coverage shall remain in force for the employee while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage will cease. Coverage shall remain in force tor the spouse while paid until he or she becomes eligible for Medicare or reaches age 65 at which time coverage shall cease The spouse's rights shall continue after the employee's death, but shall terminate upon divorce. Association Supplemental Insurance Programs. The Association may select and change any group supplemental insurance coverage for officers and /or dependents in which plan officers may opt to participate. fficer, with dependents toward any selected plan for such officers provided .1 The City will provide payroll deduction for any officer participating who authorizes same to cover any additional amount of premium for such participation. The Association shall give the City at least 30- calendar days advanced written notice of any change in the plan, eligible participants, or the amount of premiums. [Effective March -4- 2002,] The City will contribute $47.00 per month, per officer, for any officer opting to participate in any selected plan. The City shall contribute an additional $15.00 per month, per officer, with dependents toward any selected plan for such officers provided that a minimum of 75% of officers with dependent(s) opt to participate. Any administration fee surplus account may be used by the Association in any manner prescribed by its Executive Board of Directors. dab /Eh Mb D. Life Insurance. The City shall provide basic life insurance coverage for each police officer, to include Lieutenants, equal to that employee's annual base salary. Captains, Commanders and Assistant Chiefs shall be provided basic life insurance coverage equal to their annual base salary or $50,000.00 which ever is greater 82 APPENDIX "E" WAGE INDEX FORMS Form (30 Year Average) Base Longevity Shift Uniform Pay/ Bachelor Master Pa Allows - - Abilene Police Department - -. -r .....- vy. cc wJI Ipra15 Amarillo Police Department Arlington Police Department Austin Police Department Beaumont Po Ice Department ~ Brownsville Police Department Carrollton Pollee Department Dallas Police Department Denton Police Department El Paso Police Department r Fort Worth Police Department Garland Police Department Grand Prairie Police Department Houston Police Department Irving Police Department Kllieen Police Department Laredo Police Department Lubbock Police Department McAllen Police Department Mesquite Police Department Pasadena Police Department Plano Police Department San Antonio Police Department Waco Police Department Averages Corpus Christi Police Department JUnder) / Over Average % to Average APPPENDIX F PHYSICAL FITNESS Effective August 1, 2007, the Chief of Police and the Association may mutually agree in writing to adopt a voluntary physical fitness assessment model. adjusted for age and gender. Effective August 1, 2008, the City at its sole discretion, may offer incentives, either in pay or leave time, if the Association mutually agrees in writing The City agrees to establish a police officer wellness program. This program will also include distribution of nutrition and fitness information during in- service training. 84 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: January 30, 2007 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application to serve as the Fiscal Agent for the Department of Justice (DOJ), Community Capacity Development Office, Weed and Seed FY 2007 -2008 Weed and Seed South East Site (Flour Bluff) Program, with DOJ funding in the amount of $175,000. ISSUE: The Department of Justice anticipates continued funding for the Weed and Seed Program in various cities throughout the United States. The City of Corpus Christi will apply for Official Recognition of Funding in the amount of $175,000 for Fiscal Year 2007- 2008 to be used for programs in the proposed Weed and Seed South East Site (Flour Bluff) The City serves as the Fiscal Agent, not the Grant Administrator, as in other program areas. The Weed and Seed Steering Committee is the governing body for the Weed and Seed Program REQUIRED COUNCIL ACTION: Authorization to submit an application to serve as the Fiscal Agent for DOJ FY 2007 -2008 Weed and Seed Program in the amount of $175,000. PREVIOUS COUNCIL ACTION: For the past 10 years, council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The City Council, on February 16, 2006 appropriated a $100,000 Grant award from the U.S. Department of Justice to support activities in Site 11 West Weed and Seed target areas. The City Council, on February 22, 2005 appropriated a $450,000 Grant award from the U.S. Department of Justice to support activities in Site 1 North for $225.000 and Site 11 West for $225,000 Corpus Christi Weed and Seed target areas CONCLUSION AND RECOMMENDATION: Staff recommends approval of this resolution. Sally G lik, Director Parks d Recreation Department Attachments: Background Information BACKGROUND INFORMATION Admin stration of the Weed and Seed Program was assigned to the Park and Recreation Department on October 26, 1999. The Executive Office for Weed & Seed directed the City of Corpus Christi to insure 50% of our budget went to the Law Enforcement side of the program. Our Site I North Target area has now been terminated after 10 years of service to the City of Corpus Christi and will not receive future funding. We will still receive funds for our Site H West area. This Weed & Seed Official Recognition grant in the amount of $175,000 for South East Site (Flour Bluff) will be used for the continued support of the Weed & Seed Program from the U.S. Department of Justice (DOJ). It will be dispensed per guidance from the DOJ, $87,500 for CCPD weeding efforts and $87,500 for seeding efforts. Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO SERVE AS THE FISCAL AGENT FOR THE DEPARTMENT OF JUSTICE, COMMUNITY CAPACITY DEVELOPMENT OFFICE, WEED AND SEED FY 2007 — 2008 WEED AND SEED SOUTH EAST SITE (FLOUR BLUFF) PROGRAM, WITH DOJ FUNDING IN THE AMOUNT OF $175,000. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to submit a grant application to serve as the Fiscal Agent for the Department of Justice, Community Capacity Development Office, Weed and Seed FY 2007 — 2008 Weed and Seed South East Site Flour Bluff) Program, with DCJ funding in the amount of $175,000. SECTION 2. The City Manager, or designee, may accept, reject, agree to alter the terms and conditions of, or terminate the grant, if awarded to the City. ATTEST: Armando Chapa City Secretary APPROVED: January 22, 2007 vaw iii- o Curtis Chief, Administrative Law Section Senior Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor r. \. LEG- DIR1Olga RlDoyle\ Resole. tion107- 0122DC. Autho2submit. appiFisc.alAgent.DeptJust.Comm. Capacty. DevOfc. WeedSeed.$175000.doc Page 2 of 2 Corpus Christi, Texas day of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia William Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott H:\ LEG- DIR\ OlgaRlDoyle \Resolu.tion107.0122DC.Authorz . submit. applFisc. alAgent .DeptJust.Comm.Capacty.DevOfc. WeedSeed.$175000.doc 16 Requested Council Action: 01/30/07 Alternate Council Date: 2/13/07 .AGEN DA MEMORANDUM SECOND READING ORDINANCE : AMENDING THE CODE OF ORDINANCES CHAPTER 53, TRAFFIC, BY ESTABLISHING AN A UTOMATD RED LIGHT ENFORCEMENT PROGRAM; PROVIDING FOR SEVERANCE, PROVIDING FOR PUBLICATION, AND PROVIDING FOR PENALTIES (First Reading 01- 23 -07). ( ) ORDINANCE : APPROPRLATING $68,180 FROM ANTICIPATED REVENUES GENERATED FROM THE PHOTO REDLIGHT ENFORCEMENT FOR PROFESSIONAL SERVICES PROVIDED BY REDFLEX TRAFFIC SYSTEMS, INC; AMENDING THE FY 06 -07 OPERATING BUDGET ADOPTED BY ORDLNANCE NO. 026908 BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $68,180, EACH; AND DECLARING AN EMERGENCY. MOTION Motion authorizing the City Manager to enter into a contract with Redflex Traffic System, Inc.. Scottsdale, Arizona for a Photo Redlight Enforcement Program in accordance with Request for Proposal No. 81- 0013 -07 based on best value for an estimated first year expenditure 0f$584,400 of which $68,180 is budgeted in FY06 -07. The term ofthe contract will be for five years with ui option to extend the contract for up to two additional twelve month periods. Purpose: RFP Issued: This contract will provide for redlight monitoring equipment to be installed at traffic signals at ten intersection approaches throughout the City. It is being implemented in an effort to reduce traffic hazards that exists due to motorists running redlights throughout the City. The equipment will monitor traffic at the designated intersection approach., record potential redlight violations and download the data into the contractor's database for processing and queuing for Police Officer review. Officers will be responsible for reviewing the citation data online for verification of violations and authorizing the contractor to issue the citation to the registered owner of the vehicle running the redlight. Nine intersections have been identified by City staff as having a high potential for redlight accidents due to high traffic volumes, popular commuter routes and problematic intersections. The contract allows for expansion of the program as deemed necessary by the City. Fig Proposals Received: Three The proposal from Siemens Energy & Automation, Inc, Austin, TX was short listed from further consideration for failure to get the demonstration operational as required by the RFP. Contract review: The term of the contract will be for a five year period. During the first twelve months of the contract, the fee will be fixed at $4,870 per approach per month. After that, the fee will be subject to a maximum 3% increase based on the US Department of Labor Consumer Price Index (CPI) for U.S. City average Contract review (continues Award Basis: Funding: A cost neutrality clause is included which will allow the City to defer the fee (deficit amount) that accrues when the program does not generate a sufficient amount of revenue to support the fee. The cost neutrality clause is based upon the City's entire program and not on an individual approach basis. Any balance of the deficit amount owed by the City throughout the term of the contract will be forfeited by the contractor at contract expiration. The contract contains a Termination for Cause clause that will relieve the City of all obligations under the contract. Termination for cause include state or federal laws that prohibit the operation of the program, rulings ofinadmissible evidence of violations issued under the program by any court having jurisdiction o ver the City, rulings that the program violates any state or federal law by any court having jurisdiction over the City, any laws enacted by the Texas Legislature that negatively impacts the City and material breach by either party. The contract contains a Termination for Convenience clause that will allow the City to t erminate the contract without cause. In the event the City terminates the contract for convenience, the City will be obligated to pay for the installation costs of the equipment up to a period of twenty four months. The installation cost shall not exceed $40,000 per approach and will be prorated based on the ratio of time between the termination and the twenty - four month anniversary. Best Value The evaluation team, comprised ofteam members from Municipal Information Services, Traffic Signals, Traffic Engineering, Police and Purchasing, developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Qualifications & References - 20 %, (2) Proposer's Terms & Conditions - 20 %, (3) Responsiveness to RFP Questions -20 %, (4) Demonstrations — 20% and (5) Cost 20 %. The evaluation team reviewed each responsive bid proposal and completed the evaluation matrix. The resulting matrix prioritized each vendor based on tht point value assigned for each criterion component in the evaluation matrix. As a result of the evaluation, the team has selected Redflex Traffic Systems, Inc, Scottsdale, Arizona as the best valued supplier for this opportunity. General Fund 530000 - 1020 - i 1740 $68,180 Michael Barrera / Procurement and General Services Manager CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MICHAEL BARRERA DATE: 01/30/07 SUMMARY EVALUATION MATRIX BID INVITATION NO.: BI- 0013 -07 Red Light Violation Notices Redflex Traffic Systems, Inc Scottsdale, Arizona American Traffic Systems Scottsdale, Arizona Evaluation Criteria Maximum Points Points Awarded Points Awarded Qualifications & References 20 points 19.80 18.50 Proposer's Terms & Conditions 20 points 19.20 20.00 Responsiveness to RFP Questions 20 points 19.70 19.50 Demonstration 20 points 19.20 17.90 Cost 20 points 19.60 20.00 SCORE 97.50 95.90 Twelve month cost 10 approaches $584,400.00 $570,120.00 AN ORDINANCE AMENDING 1I[I 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: (a) "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 regiration 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. le) "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. (t} "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, amber and green lights that directs traffic when to stop at or proceed through an intersection. Sec. 53 -468. Imposition of civil penalty for creating dangerous 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 sal 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 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 . i 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. Sec153 -2119. Enforcement; procedures. Via) In ceder 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 than 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; I 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 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 to the owner that, in addition to any other information contained in the warning notice, must contain the information required by subsection (b). Sec, 53 -270. Administrative 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 Departm/int 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 topay 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 hearing after having requested a hearing is 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). id) 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. le) The civil penalty shall not be assessed if: i . 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 peon 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 atteeed 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 Qotice of violation. h) It shall be an affirmative defense to liability under this article, to be proven by a prepondernce of the evidence, that: (1) the traffic- cgptrol 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 pf 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. 1 i) 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. (k) A person who is found liable after an administrative adjudication hearing may appeal 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 mist be filed not later than the 31st day after the date on which the administrative adjdication 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. Sec. 53 -271. Effect of liability; exclusion of civil remedy; enforcement. (a) Tlx imposition of a 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 civilpenalty 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 sigpal 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 orAlijraice was read for the first time and passed to its second reading on this the �j 'day of --VJA4, , 2007, by the following vote: Henry Garrett A Att Rex A. Kinnison —4---- Brent Chesney _ ___ John E. Marez __ Melody Cooper Jesse Noyola 'ISAT Jerry Garcia Mark Scott ____4._____ 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. A't'MST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to legal form J Henry Garrett Mayor 2007, Joseph arney Assistant City Attorney For City Attorney 8 ORDINANCE APPROPRIATING $68,180 FROM ANTICIPATED REVENUES GENERATED FROM THE PHOTO REDLIGHT ENFORCEMENT FOR PROFESSIONAL SERVICES PROVIDED BY REDFLEX TRAFFIC SYSTEMS, INC; AMENDING THE FY 06 -07 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026908 BY INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY $68,180 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $68,180 from anticipated revenues generated is appropriated from the Photo Redlight Enforcement for professional services provided by Redflex Traffic Systems, Inc. SECTION 2. That the FY 2006 -2007 operating budget adopted by Ordinance 026908 is amended to increase estimated revenues and appropriations by $68,180 each. 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 , 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: January 24, 2007 -.J V I Lisa Aguilar Assistant City Attorney for City Attorney 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 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on Development Services Process Improvement by Horizon Centre. STAFF PRESENTER(S): Name Title /Position Department 1 Margie C Rose Assistant City Manager Development Services 2 Debbie Marroquin. P.E. Interim Director Development Services OUTSIDE PRESENTER(S): Name Title /Position Organization 1 George Arimes onsultant Horizon Centre 2 Lon Hipp Thairperson DSAG ISSUE: Status report of ongoing process improvements, accomplishments, implementation actions, and coordination of work efforts in relation to ongoing work programs BACKGROUND: The City has been actively working with a consultant, Horizon Centre, to modify and streamline current business practices. The consultant has continuously engaged staff and the Development Services Advisory Group (DSAG) throughout the study process in reviewing organizational structures, regulatory frameworks, technology, core business practices and physical space requirements. This work effort has enabled management to identify and test new procedures, initiate an early assistance program and kick -off the pilot of the project manager system and resolution process. REQUIRED COUNCIL ACTION: None L»L KRittc Z%�, Debbie Marroqu n, P.E. Acting Director of Devel pment Services Exhibits XX Power Point Presentation City of Corpus Christi Development Review System Improvements Status Report Today's Agenda • Part 1: Performance Improvement Overview ❖ Part 2: Key Accomplishments • Part 3: Ongoing Work Program 1 Part 1: Performance Improvement Overview Development Review System Improvement Process t '' ses sy stet er Pr Pe 5 p ted rat tatiM . 9 Z: OPe PAos ?rase r`r4 &eyed Oe�9 G °mp e�ertatiar rase Q9`' P mow. MM.n< 2 Key Customer Expectations The development review process will be successful if there is •:• Define standard operating procedures that are predictable and consistent •:• Make the rules clear enough to know how to design without asking a person •:• "Time is money" so make the process timely •:• Staff make decisions and "stick" with them •:• Set performance standards and meet them •:• Have sufficient resources to meet the service demand The Customer's Project Customer Objectives Receive Reliable Interpretations or Information Get a Project Decision Occupy or Use Their Facility es tWie the 09G-091" to Fit 3 Part 2: Short -Term Accomplishments Mate Ass_.sm.a! 8 Leavar,f.e Slratep^ iDete.ensle „} Rgslatery ..ASasas+aoat- : 0iliorrsba. 4/ Completed Deliverables System Opsratl..al Design _(D.Neera le t( Plea C;est ..ef3srxiee /lady ire Analysts .7etherai!e TJ Deliverable 1: System Operational Design Deliverable 2: Data Assessment & Conversion Strategy Deliverable 3: Performance Measurement Program Deliverable 4: Regulatory Framework Assessment Deliverable 5: Cost -of- Service Study & Fee Analysis 4 Improvement Starts with a Project- Oriented System Integrated Processing Concepts •:• Customer "Sits in One Chair" - Consistent Way to Enter the System ❖ Comprehensive Early Assistance Program ❖ Project Manager /Point -of- Contact to Facilitate All Project Types ❖ Standardized Processes 5 Project- Oriented Process (Standardized & Defined Templates) Counter -Based Projects % " Single Point-of-Contact • Single Pam of Contact (Team o /1) Ad-H. Team of 2J • Single Interaction Staff Members • Single Inspection • Staff Cone. tc Plan Customer ' Net DletrIbuac Exand• r yp. Example Typ: Elec►tcal, Mecnaraca Plumbing 'Tredr" Residenid Arta tons o, Approvals Al brogans • ProMet Mgr. 6 Aeaipsd Team Distributed & Interaction oy Appointment Administrative Approval Early Aeaisbnce Optional Example Type' Now Commercial or Tenant Finish • Prod Mgr. & Assigned Team • Distributed & Interaction by Appointment • Most Compbs Type with Public lasing • Early Assistance Required and/or Encoumpd Example Typo: Platt, ng or Reso..ny Project Manager Role :• Consistent Customer Representative — The Customer always has a primary point of contact and mediator, if needed :• Project Accountability — The Project Manager will be responsible for ensuring that project information is maintained and milestones are tracked Customer "Sits in One Chair' — The customer does not need to visit multiple counters or obtain approvals from multiple counters 6 New System Benefits •:• Tailored service — Business processes will be aligned for each project type 4. Consistency — Customers will know what to expect when coming to the City ❖ Increased Efficiency — Identifying project types up front will improve customer flow Piloting Projects ❖ Part -Time Pilot Project Managers Assigned to Test System Design ❖ Piloted 18 Complex Projects •:• Design Evaluated & Procedures Refined ❖ 2 Full -Time Project Manager and 1 Administrative Assistant Positions Created & Advertised for Initial Phased Implementation 7 Unified Development Code •: UDC Drafted •: Customer Focus Groups Meeting to Evaluate the Draft and Reach Consensus Public Hearings & Adoption This Year Part 3: Ongoing Work Program 8 System Improvement Implementation a Data & Historical Record Conversion gl Enhance HTE Software g Integrated Development Services Web Destination 'tj Cost-of Service Study & Fee Analysis J Performance Measurement Program ® Rework "One Stop" Center Space ® Self -Help Center Core Business I; Project -Oriented Processes Process Early Assistance Program 1) Tailoring of Projects Project Manager & Team Coordination t Standard Issue Resolution Process ® Regulatory Assessment & Update Strategy g Unified Development Code (UDC) j Infrastructure Master Plan Updates a "Code Scrubs" ® Ongoing Maintenance t Pilot Program for Complex Mechanism Projects (Platting) ,,. Training & Outreach Program Ongoing Work Program :• Phase -in Project Manager System & Issue Resolution Process :• Institute the Performance Measurement Program ❖ Integrate Processes & Services at Counters ❖ UDC Hearings & Adoption :• Finish Infrastructure Master Plans & Infrastructure Funding Strategy 9 Ongoing Work Program :• Data Conversion Begins • Enhanced Tracking System & Website Information • Rework One -Stop Facility to Match Process -. Fee Analysis and Fill Capacity Gaps How Do We Ensure Results? et aye spun GAP eh6 _dement, for Imp 10 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on Dtown Wayfirding and Street Scapes and the Bayfront Master Plan. STAFF PRESENTER(S): Name Title /Position Department 1 Ronald F. Massey Assistant City Manager 2 Angel R Escobar P.E Director Engineering Services OUTSIDE PRESENTER(S): Name Title /Position Organization 1 Raymond Gignac Consultant Gignac & Associates Architects 2 ISSUE: Council review of project status and design before the consultants proceeds with development of plans, specifications and contract documents to bid construction. BACKGROUND Council has previously been briefed on conceptual elements of the proposed design. The design has now proceeded to a point that the consultants are ready to proceed to detailed design and preparation of bid and construction documents. REQUIRED COUNCIL ACTION: None. ( G=tiw Yzro 7 ngel R. Escobar, P.E. Date CORPUS CHI' STI 2 a gran t Aentity I Te= . Direct. pan, 5 iee A: RTA nap /sc.-data, .�de ;iee ° °.ayTront CC -ao /dtrec:ory •, >a venal both swe. :der- rd. ,or,., and nenm ,SOpIi«ee. 10 11 12 -`` 13 14 15 16 17 1 r 18 19 20 21 22 23 19 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: 2006 Crime Statistics Presentation STAFF PRESENTER(S): Name Title /Position Department 1 Bryan Smith Chief of Police Police 2, OUTSIDE PRE °=MTER(S): Name 1 Title /Position Organization ISSUE: The 2006 crime statistics for the City of Corpus Christi are ready for review /presentation. REQUIRED COUNCIL ACTION- None Bryan P. Smith Chief of Police # of Occurrences Criminal Homicide -35.48% change between 1995 and 2006) 999 2000 2001 2002 2003 2004 2005 2006 Year 1 # Of Occurrences 150 200 150 100 50 0 Forcible Rape (- 22.69° 0 change between 1995 and 2006) 99: 1` =96 199' 1998 1999 2000 2001 2002 2003 2004 2005 2006 Ye a r # of Occurrences 600 500 400 300 200 100 Robbery 14'Eo change between 1995 and 2006) 1995 '996 199" 1998 1999 2000 2001 2002 2003 2004 2005 2006 2 # of Occurrences 2500 2000 150 0 1000 500 0 Aggravated Assault 1-29.85% change between 1995 and 2006) !995 1996 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 Year # of Occurrences 5000 4000 3000 2000 1000 Burglary -20.63% change between 1995 and 2006) 1995 1996 1997 998 999 2000 2001 2002 2003 2004 2005 2006 3 4 25,000 20,000 15,000 10,000 5,000 0 Crimes Against Persons and Family Violence (1993 - 2006) Homicide (12,84 %) Sex. Assault (18.96 %) Robbery (1.54 %) Agg. Assault (33.06 %) ■ Total • (Family Violence) 1993 1994 1995 1996 1997 1998 1999 2000 2001 2002 209-3 2004 2005 2006 5 [narcotics enforcement — change in focus] [Crime Control District] 6 [seat belt usage — Pat] [speed compliance /stealth — Pat] 2000 -2006 TRAFFIC ACCIDENTS and FATALITIES (FATAL(TIES - 0.29% of TOTAL ACCIDENTS) • Total Fatalities - 197 • Total Accidents - 67,851 Traffic Fatalities and Pedestrians 50 40 30 20 10 2000 2001 2002 2003 2004 2005 2006 (18.52%) (13.04 ° /) (30.00 %) (25.81 %) (3939 %) (17.14 %) (14.29 %) r- ■ Total Fatalities 27 23 20 31 33 35 28 II (Pedestrians) 5 3 6 8 13 6 4 8 SPECIALIZED SPEED ENFORCEMENT TxDOT GRANT - FUNDED LOCATION IH37 — Violet Road to SH286 USHWY 181 — Harbor Bridge to City Limits SH286 — from IH37 Interchange to SH358 Interchange SH358 — EastNVest SH357 (Saratoga) — Ayers to Airline, East/West SH361 — from Park Rd. 22 to City Limits Park Rd. 22 — From JFK Bridge to Sea Pines Rd Ennis Joslin — from SH358 to Ocean Dr Ocean Drive — from NAS to Buford INCREASE IN COMPLIANCE 12.00% 15.90% 12.40% 5.60% 15.70% 5.50% 4.20% 32.80% 24.60% 9 10 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: GIS Demonstration CITY STAFF PRESENTER(S): Name Title Dept/Div Irma Caballero Director Economic Development 2 Susan Cable Director E- Government OUTSIDE PRESENTER(S) ISSUE: Demonstration of the Geographic Information System (GIS) that will be available for Economic Development. Irma Caballero, Director Economic Development 21 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issue 2004 Report #4 STAFF PRESENTER(S): Name Title /Position 1 'Angel R. Escobar, P.E. Director Department Engineering Svcs. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. N/A ISSUE: This is a report on the status of the voter - approved Bond Issue 2004 projects. BACKGROUND On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. REQUIRED COUNCIL ACTION: None Required ngel R. Escobar, P.E. Director of Engineering Services 11/0 7 Corpus Christi All - America Cif 1 1 1 1 0