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HomeMy WebLinkAboutAgenda Packet City Council - 03/20/2007CITY COUNCIL AGENDA MARCH 20, 2007 orpus Christi 1 45 A.M. - Proclamation declaring March 20, 2007 as "Hometown Heroes Day" Proclamation declaring March 25, 2007 as "12'" Annual Ms. Coastal Bend Senior Pageant Day' Proclamation declaring the month of March as "American Red Cross Month" Proclamation declaring the month of March as "Irish- American Heritage Month" Presentation of check from HUD to Corpus Christi /Nueces County - Continuum of Care Funding AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 MARCH 20, 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. !f you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Listed desea dirigirse al Concillo y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concillo 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 Deacon Michael Mantz, Corpus Christi Cathedral. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Rex Kinnison Council Members: Brent Chesney City Manager George K. Noe Melody Cooper City Attorney Mary Kay Fischer Jerry Garcia City Secretary Armando Chapa Bill Kelly John Marez Jesse Noyola Mark Scott Agenda Regular Council Meeting March 20, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Regular Meeting of February 27, 2007. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) • Citizens Advisory Health Board • Community Youth Development (78415) Program Steering Committee • Park and Recreation Advisory Committee • Port of Corpus Christi Authority • Water Resources Advisory Committee 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. SPECIAL PRESENTATION Parks and Recreation Capital Improvement Projects Completed in 2006 I. 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. Agenda Regular Council Meeting March 20, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PIVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Ordinance appropriating $33,309.21 from the State of Texas in the No. 1061 Police Grants Fund - Law Enforcement Standards and Education for training of police personnel and purchase of training equipment. (Attachment # 3) (Requires 2/3 vote) 4.a. Resolution authorizing the City Manageror his designee to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $8,366.20 to be used for the purchase of equipment, supplies, and services to support the delivery of Emergency Medical Services for the Corpus Christi Fire Department. (Attachment # 4) 4.b Ordinance appropriating $8,366.20 from the Coastal Bend Regional Advisory Council into the No. 1056 Ambulance Fund to purchase equipment, supplies, and services to support the delivery of Emergency Medical Services for the Corpus Christi Fire Department. (Attachment # 4) (Requires 2/3 vote) 5.a Resolution authorizing the City Manageror his designee to accept a grant from the Department of State Health Services in the amount of $80,000 for costs related to the provision of diabetes prevention and management services and to execute all related documents. (Attachment # 5) 5.b. Ordinance appropriating a grant of $80,000 from the Department of State Health Services in the No. 1066 Health Grants Fund for costs related to the provision of diabetes prevention and management services. (Attachment # 5) (Requires 2/3 vote) Resolution authorizing the City Manager or his designee to execute all documents and take all action necessary to administer the property previously held by the Anita Neyland Trust, which is now being turned over to the City, including but not limited to Aping oil and gas division orders and accepting monies derived from the property; and requiring that all monies derived from this property shall be deposited into a library fund and used for library purposes. (Attachment # 6` Agenda Regular Council Meeting March 20, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Southside Library "Percent for Art" Project. (Attachment # 7) Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Parkdale Library "Percent for Art" Renovation. (Attachment # 8) Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Southside Fire Station "Percent for Art" Project. (Attachment # 9) 10. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Commission on the Arts in the amount of $10,000 for support of the 2008 Festival of the Arts, with a City match of $10,000 in the No. 1030 Arts Grants /Projects Fund. (Attachment # 10) 11.a. First Reading Ordinance - Authorizing the City Manager or his designee to execute a ten -year reciprocal fiber license agreement wfth Grande Communications Networks, Inc. ( "Grande ") for the City to receive use of approximately 82.9 miles of Grande fiber, and Grande to receive use of approximately 18.9 miles of City fiber; providing for refund of $100,000 security deposit established in the Grande cable franchise. (Attachment # 11) (Requires 2/3 vote) 11.b. Ordinance appropriating $24,458.42 interest earnings from the Grande Communications Security Fund in the General Fund; transferring to and appropriating in the Corpus Christi Digital Community Development Corporation Fund 4800 for fiber construction; amending the FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 by increasing appropriations by $24,458.42; amending Corpus Christi Digital Community Development Corporation Fund 4800 to increase appropriations and revenues by $24,458.42 each. (Attachment # 11) (Requires 2/3 vote) Agenda Regular Council Meeting March 20, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 2 Motion authorizing the City Secretary or his designee to enter into a Joint Election Agreement between the City of Corpus Christi and Nueces County pursuant to Chapter 271 of the Texas Election Code, for the runoff election and the statewide constitutional amendment election scheduled for May 12, 2007, to combine or uncombine precincts as necessary and to amend the submission to the United States Department of Justice to include these changes should a runoff election be required. (Attachment # 12) (Requires 2/3 vote) 13 Motion authorizing the City Manager or his designee to execute Change Order No. 5 with SLC Construction, L.P., of Conroe, Texas in the amount of $332,825.97 for a total restated amount of $3,155,333.57 for the Water Main Improvements: Leopard Street and Third Street project. (Attachment # 13) (Requires 2/3 vote) 14 Motion authorizing the City Manager or his designee to execute Ratification of Amendment No. 20 with Shiner, Moseley & Associates, Inc., of Corpus Christi, Texas in the amount of $49,688 for a restated fee not to exceed contract amount of $4,273,303 for two additional months of Construction Management and Surveillance Engineering Services for the Cefe Valenzuela Landfill project. (Attachment # 14) (Requires 2/3 vote) 15 Motion authorizing the City Manager or his designee to execute Amendment No. 4 with Shiner, Moseley & Associates, Inc., of Corpus Christi, Texas in the amount of $30,000 for a restated not to exceed total fee of $200,000 for consulting services associated with Pre - Planning of Emergency Recovery Operations. (Attachment # 15) (Requires 2/3 vote) 16. Ordinance amending Ordinance No. 027143, Section 1, Authorization of Certificates of Obligation, to add utility work associated with the Port Avenue Street Reconstruction to the listing of projects being funded by the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation, Series 2007 (Attachment # 16) Agenda Regular Council Meeting March 20, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17 a. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 regarding rules and procedures for public access cablecasting; providing for publication; and providing an effective date of June 1, 2007. (Attachment # 17) 17.b. Ordinance appropriating a $7,000 grant provided by cable operators from the General Fund Reserve for commitment of public access equipment; amending the FY2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $7,000. (Attachment # 17) (Requires 2/3 vote) 18. Ordinance amending the Code of Ordinances, Chapter 4, Alcoholic Beverages, by amending Section 4 -1, Alcoholic beverages on public school property; providing for penalties; providing for publication. (Attachment # 18) 19 Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 14, to reduce building permit and survey fees for business operations in Census Tracts 5, 7, 13, 35, and 50 included in the expanded Renewal Community; providing for publication; providing for an effective date. (First Reading 2/27/07) (Attachment # 19) 20 Second Reading Ordinance - Abandoning and vacating a 31,825 - sgaare foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lots 21 -23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (San Cristobal at Terra Mar Subdivision) south of and adjacent to Victoria Park Unit 7 Subdivision and approximately 450 -feet southwest of the Oso Parkway Street right -of -way, subject to owner's compliance with the specified conditions. (First Reading 2/27/07) (Attachment # 20) 21. Second Reading Ordinance Abandoning and vacating a 26,310 - square foot portion (0.604 acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lot 1, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road and Wooldridge Road Street rights -of -way, subject to owner's compliance with the specified conditions (First Reading 2/27/07) (Attachment # 21) Agenda Regular Council Meeting March 20, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PUBLIC HEARINGS: ZONING CASES: 22 Case No. 0207 -02. Irme Roldan Gomez and Richard O. Serna: A change of zoning from a "R-1B" One - family Dwelling District and an "AB" Professional Office District to a "B -1" Neighborhood District on property described as Windsor Park Unit 4, Block 34, Lots 12 and 13, located along Everhart Road and approximately 300 feet north of McArdle Road. (Attachment # 22) (Requires 2/3 vote) Planning Commission and Staffs Recommendation: Approval of the "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Irme Roldan Gomez and Richard O. Serna, by changing the zoning map in reference to Windsor Park Unit 4, Block 34, Lots 12 and 13, from "R-1B" One - family Dwelling District and "AB" Professional Office District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 23. Case No. 0207 -03, Rodd Field 19, Ltd: A change of zoning from an "A -1" Apartment House District to an "AB" Professional Office District on property described as 13.24 acres out of the southwest one -half of Lots 7 and 8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located 400 feet west of Rodd Field Road and approximately 700 feet south of Holly Road. (Attachment # 23) (Requires 2/3 vote) Pkinning Commission and Staff's Recommendation: Approval of the "AB" Professional Office District. Agenda Regular Council Meeting March 20, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ORDINANCE Amending the Zoning Ordinance, upon application by Rodd Field 19, Ltd., by changing the zoning map in reference to 13.24 acres out of the southwest one -half of Lots 7 and 8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, from "A -1 " Apartment House District to "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 24. Case No. 0205 -04, BL Real Estate Holding Company, LP (Bluffs Landing Marina): An ordinance granting a time extension of two (2) years for a Special Permit for an Event Center in a "R-1C" One - family Dwelling District, on property described as Tyler Subdivision, Block 1, Lots 2 and 12, located approximately 400 feet north of Laguna Shores Drive between Wyndale Drive and Claudia Drive. (Attachment # 24) (Requires 2/3 vote) Staff's Recommendation: Approval of the time extension to March 29, 2009 for the Special Permit for an Event Center on Tract 1. ORDINANCE Granting a time extension of two years for a Special Permit for an Event Center in an "R -1 C" One- family Dwelling District, Tyler Subdivision, Block 1, Lots 2 and 12, located approximately 400 feet north of Laguna Shores Drive between Wyndale Drive and Claudia Drive; providing a repealer clause. K. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25 Consumer Directed Health Care combined with Health Savings Account (HSA) Feasibility Study Final Report, presented by Mercer Oliver Wyman and Mercer Health and Benefits. (Attachment # 25) 26 Update on Downtown Area Appraisals by the Nueces County Tax Appraisal District (Attachment # 26) Agenda Regular Council Meeting March 20, 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 27 2nd Quarter FY 2006 -2007 Budget/Performance Report (Attachment # 27) L. REGULAR AGENDA CONSIDEATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 28.a. Presentation on Balanced Scorecard (Attachment # 28) 28.b. Motion authorizing the City Manager or his designee to execute a contract with EMA, Inc., of Houston, Texas in the amount of $300,000 for implementation of city -wide optimization initiatives (business process improvement) focusing on performance management and business strategy. (Attachment # 28) (Requires 2/3 vote) 29. Resolution authorizing the City Manager to execute a Memorandum of Agreement with the United States Environmental Protection Agency and the Texas Commission on Environmental Quality providing for the implementation of locally defined emission control programs should the eight -hour federal ozone standard be violated in lieu of immediate redesignation to non - attainment. (Attachment # 29) (Requires 2/3 vote) 30.a. Motion authorizing the City Manager or his designee to execute a construction contract with H & G Contractors, Inc., of Corpus Christi, Texas in the amount of $2,525,829.42 for the Cliff Maus Road, Phase 2 and Phase 3 Street Improvement Projects. (BOND ISSUE 2004) (Attachment # 30) (Requires 2/3 vote) 30.b. Motion authorizing the City Manager or his designee to execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc., of Corpus Christi, Texas in the amount of $29,516 for the Cliff Maus Road, Phase 2 and Phase 3 Street Improvement Projects. (BOND ISSUE 2004) (Attachment # 30) (Requires 2/3 vote) M. P IBLIC COMMENT FROM THE AUDIENCE ON MATTERS ITT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE CJUNC1L MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. Agenda Regular Council Meeting March 20, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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, habre un interprete ingtes- espanol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. 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. 31 Executive session under Texas Government Code Section 551.071 regarding Cause No. 04- 3928 -G, City of Corpus Christi v. Entrust, Inc., et al in the 319`h Judicial District Court of Nueces County, Texas, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting March 20, 2007 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. 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. 32 LEGISLATIVE UPDATE: Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature. 33 CITY MANAGER'S REPORT Upcoming Items 34 MAYOR'S UPDATE 35 COUNCIL AND OTHER REPORTS P. ADJOU RNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance f7` to City Hall, 1201 Leopard Street, at � 43 p.m., March 16, 2007. 1 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, 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 February 27, 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 Youth Pastor Jason Curlee of Church of Hope and the Pledge of Allegiance to the United States flag was led by Council Member Jesse Noyola. Mayor Garrett called for approval of the minutes of the regular Council meeting of February 20, 2007 A motion was made and passed to approve the minutes as presented. a * * * * * * - * *r* Director of Engineering Angel Escobar briefly informed the Council about the Capital Improvement Projects completed in 2006 for the Public Health and Safety projects. Mayor Garrett called for consideration of the consent agenda (Items 2 - 15). City Secretary Chapa announced that Council Member Mark Scott would be abstaining from the discussion and vote on Item 10. City Secretary Chapa announced that Item 13 was withdrawn by staff. Mr. Errol Sumrnerlin requested that Item 10 be pulled for individual consideration. Council Member Kelly requested that Item 10 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2 MOTION NO. 2007 -057 Motion approving a service agreement with Sierra Services, of Sinton, Texas for the Mary Rhodes pipeline easement right -of -way mowing in accordance with Bid Invitation No. BI- 0111 -07 based on low bid for an estimated annual expenditure of $32,077.36. The term of the agreement shall be for twelve months with an option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Water Department in 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 February 27, 2007 -- Page 2 MOTION NO. 2007 -058 Motion approving the purchase of traffic control equipment from the following vendors for the following amounts based on the Cooperative Purchasing Agreement with the State of Texas, for a total amount of $118,060. Funds have been budgeted by the Street Department in FY 2006 -2007 Texas Highway Products LTD. Round Rock, Texas Video Detection Equipment $80,960 Paradigm Traffic Systems, Inc. Fort Worth, Texas UPS Systems $37,100 Grand Total: $118,060 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 -059 Motion approving supply agreements with the following companies for the following amounts for library books and recordings, based on best value, for multiple progressive awards, in accordance with Bid Invitation No. BI- 0080 -07, for an estimated annual expenditure of $345,735. The term of the agreements shall be for twelve months with options to extend for up to four additional twelve -month periods, subject to the approval of the suppliers and the City Manager or his designee. Funds have been budgeted by the Corpus Christi Public Libraries and the Local Branch of the South Texas Library System in FY 2006 -2007. Baker & Taylor Inc Charlotte, NC Primary Supplier Groups 1 -3 $290,888 Brodart Co. Williamsport, PA Secondary Supplier Group 1 $54,847 Grand Total $ 345,735 The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". RESOLUTION NO. 027161 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District in the amount of $78,500 for the DARE CurriTula The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". RESOLUTION NO 027162 Resolution authorizing the submission of a grant application in the amount of $143,605 to the Texas Department of Transportation for a Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime DWI and speed enforcement with a City match of $28,430 for a total project cost of $172,035 and authorizing the City Manager or his designee to apply for accept, reject alter or terminate the grant. Minutes Regular Council Meeting February 27. 2007 - Page 3 The foregoing resolution was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". RESOLUTION NO 027163 Resolution authorizing the City Manager or his designee to enter into an Interlocal Agreement with Nueces County to provide for joint use of Police Records Management and Mobile Data Systems from Intergraph in the amount of $118,217 for client software, data conversion and storage, anc training, with ongoing maintenance costs of $17,760 annually starting in year two The foregoing resolution was passed and approved with the following vote: Garrett, Chesney. Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 8.a MOTION NO. 2007 -060 Motion amending Motion No. 2006 -215 authorizing the City Manager to purchase specialized equipment in the amount of $543,368.55 using funds from the 2005 State Homeland Security Grant to designate purchase of the equipment from the Houston - Gaiveston Area Council of Government (HGAC). The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". 8.b. ORDINANCE NO. 027164 Ordinance appropriating $543,368.55 from the State Homeland Security Grant Program in Fire Grant Fund 1062 for the purchase of specialized equipment. 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" MOTION NO. 2007 -061 Motion authorizing the City Manager or his designee to sign the First Amendment to the Raw Water Supply Contract between the City of Corpus Christi and San Patricio Municipal Water District to increase the amount of raw water to be sold to San Patricio Municipal Water District by 11,200-acre feet per calendar year. 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 -062 Motion authorizing the City Manager or his designee to execute Amendment No. 1 for project management services in the amount of $532,020 for a restated total fee of $1,690,020 with Anderson Group Construction Management, Inc., of Corpus Christi, Texas for various Capital Improvement Projects associated with the 2007 Capital Improvement Program Minutes -- Regular Council Meeting February 27, 2007 - Page 4- The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison. Marez, Noyola, and Scott, voting "Aye ". '2 MOTION NO. 2007 -063 Motion authorizing the City Manager or his designee to execute Change Order No. 1 to the construction contract with Musco Sports Lighting, LLC, of Round Rock, Texas in the amount of $73,940 for the Sports Field Lighting Improvements for the addition of Universal Little League. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye ". W ITHDRAW N for the temporary closure of street(s) for La Fiesta De San '4 ORDINANCE NO. 027166 in Section 49 17. Ordinance abandoning and vacating a 172.50- square foot portion of a 7.5 -foot wide utility easement out of Lot 9, Block 4, Boardwalk Unit 1, adjacent to Boardwalk Avenue, and approximately 272 -feet southwest of the Timbergate Drive and Boardwalk Avenue intersection; requiring the owner, Herbert R Saenz, to comply with the specified conditions. 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" 5 FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 14, to reduce building permit and survey fees for business operations in Census Tracts 5, 7, 13, 35, and 50 included in the expanded Renewal Community; providing for publication; 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, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett opened discussion on Item 10 regarding the exchange of land with the Corpus Christi Independent School District Errol Summerlin, on behalf of the Hill Crest Neighborhood Association, expressed the concern of the neighborhood regarding the land exchange for the Booker T. Washington School and the proposed purpose of the site. Council Members asked questions regarding the potential use of the land for redevelopment of the north side area; the lease agreement to continue the Head Start program; and the acreage of the property. City Secretary Chapa polled the Council for their votes as follows: Minutes -- Regular Council Meeting February 27, 2007 Page 5 ORDINANCE NO. 027165 Ordinance authorizing the approval of a Land Exchange Agreement between the City of Corpus Christi and the Corpus Christi Independent School District (CCISD) for the exchange of 2.98 acres owned by the City from the Lindale Park Subdivision, Section 3, located north of Ray High Schoc . in exchange for two properties owned by CCISD described as the Booker T. Washington School Site (Bluff Addition, all of Block 55) and a 1.76 acre tract located on Timon Boulevard on North Beach; approving closing costs not to exceed $6,000; and authorizing the City Manager or his designee to execute an Exchange Agreement and Warranty Deed in connection with the exchange of land. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, and Noyola, voting "Aye Scott abstained Mayor Garrett referred to Item 16, and a motion was made, seconded and passed to open the following public hearing. 16 a Public hearing to consider abandoning and vacating a 31,825- square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lots 21 -23, Section 32. Flour Bluff and Encinal Farm and Garden Tracts (San Cristobal at Terra Mar Subdivision) south of and adjacent to Victoria Park Unit 7 Subdivision and approximately 450 -feet southwest of the Oso Parkway Street right -of -way. No one appeared in opposition to the public hearing. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 16.b FIRST READING ORDINANCE Abandoning and vacating a 31,825- square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lots 21 -23, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (San Cristobal at Terra Mar Subdivision) south of and adjacent to Victoria Park Unit 7 Subdivision and approximately 450 -feet southwest of the Oso Parkway Street right -of -way, subject to owner's compliance with the specified conditions. 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 referred to Item 17, and a motion was made, seconded and passed to open the following public hearing. 17 a. Public hearing to consider abandoning and vacating a 26,310- square foot portion (0.604 acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lot 1, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road and Wooldridge Road Street rights -of -way. Minutes -- Regular Council Meeting February 27, 2007 - Page No one appeared in opposition to the public hearing. Mr. Chesney made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 7b FIRST READING ORDINANCE Abandoning and vacating a 26,310- square foot portion (0.604 acres) of an undeveloped 20- foot wide dedicated public right -of -way out of Lot 1, Section 32, Flour Bluff and Encinal Farm and Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road and Wooldridge Road Street rights -of -way, subject to owner's compliance with the specified conditions. 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 referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0107 -02, Fuel The Element of Men's Grooming, LLC: A change of zoning from an "AB" Professional Office District to a "B -1" Neighborhood Business District on property described as Windsor Park Unit 4, Block 35, Lot 1, located along the northeast intersection of Everhart Road and Janssen Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "B-1" Neighborhood 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. Mr. Chapa polled the Council for their votes as follows: 18 ORDINANCE NO. 027167 Amending the Zoning Ordinance, upon application by Fuel The Element of Men's Grooming, LLC, by changing the zoning map in reference to Windsor Park Unit 4, Block 35, Lot 1, from an "AB" Professional Office District to a "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 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 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0107 -05, Wayne Lundquist, Trustee: A change of zoning from a "B -4" General Business District to a "B -5" Primary Business District on property described as Joslin Tracts, Block 2, Lot 4, located north of South Padre Island Drive and approximately 1, 500 -feet west of Ennis Joslin Drive, City Secretary Chapa stated that the Planning Commission and staff recommended approval "13 -5" Primary Business District Minutes -- Regular Council Meeting February 27, 2007 - Page 7 No one appeared in opposition to the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Scott, and passed. Mr. Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 027168 Amending the Zoning Ordinance, upon application by Wayne Lundquist, Trustee, by changing the zoning map in reference to Joslin Tracts, Block 2, Lot 4, from a "B -4" General Business District to a "B -5" Primary Business District; amending the Comprehensive Plan to account fo any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Kinnison, Marez, Noyola, and Scott, voting "Aye" Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0107 -06, Christus Spohn Health System: A change of zoning from an "A -1" Apartment House District to an "AB" Professional Office District on property described as Bayview Subdivision, Block 6, Lot 5, located at 1217 Ocean Drive between Morgan Avenue and Craig Street. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "AB" Professional Office District. Brenda Parrish, on behalf of William Henton, requested clarification of the zoning ordinance. Faryce Goode- Macon, Interim Assistant Director of Development Services, provided an explanation of the zoning change. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Chesney. and passed. Mr Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 027169 Amending the Zoning Ordinance, upon application by Christus Spohn Health System, by changing the zoning map in reference to Bayview Subdivision, Block 6, Lot 5, from an "A -1" Apartment House District to an "AB" Professional Office District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause providing a penalty; providing for publication. 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 21, and a motion was made, seconded and passed to open the following public hearing 21.a. Public hearing to consider AEP Texas Central Company's requested increase in its electric transmission and distribution rates and charges within the City. Minutes Regular Council Meeting ebruary 27. 2007 - Page 3 Assistant City Manager Oscar Martinez provided a background of this item and stated that staff was recommending that AEP Texas Central Company's proposed revenues for transmission and distribution service should be denied and that the proposed rate ordinance be adopted. Council members asked questions regarding rate increases and the consultant's recommendation. There were no comments from the audience. Mr. Garcia made a motion to close the public hearing, seconded by Mr. Chesney, and passed. City Secretary Chapa polled the Council for their votes as follows 21.b. ORDINANCE NO. 027170 Ordinance of the City of Corpus Christi, Texas finding, after reasonable notice and hearing, that AEP Texas Central Company's requested increases to its electric transmission and distribution rates and charges within the City should be denied; providing for recovery of rate case expenses; preserving regulatory rights of the City; resolving other provisions related to the subject matter hereof (Attachment # 21) 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 22 regarding the issuance of the remainder of the General Improvement Bonds. Director of Finance Cindy O'Brien presented this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 22 ORDINANCE NO. 027171 Ordinance providing for the issuance of the General Improvement Bonds, Series 2007A, of the City of Corpus Christi, Texas, in an aggregate principal amount not to exceed $31,500,000; establishing parameters regarding the sale of the bonds; providing for the levy, assessment and collection of a tax sufficient to pay the interest on said bonds and to create a sinking fund for the payment of the principal thereof; repealing all ordinances in conflict herewith; approving the execution of documents in connection with the sale of the bonds, including execution of a bond purchase contract; and providing that this ordinance shall be it force and effect from and after the date of its passage. 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 23, a presentation regarding the Sister City Committee Activities Report. Heather Stanton Moretzsohn, General Chair of the Sister City Committee provided a powerpoint presentation ncluding a background of the committee; the six current Sister Cities relationships; an explanation of the various Sister City programs; the duties and purpose of Sister Cities; the Sister City budget from 1998 to 2006; the budget challenges and solutions; and a formal request to the City Council to reinstate the Sister City budget. Ms. Moretzsohn also read a letter of support from Mr. John Tower. Council Members asked questions regarding budget reductions; the Toledo exchange relationship; continued fundraising efforts; partner relationships; proposed sister cities; and the creation of an advisory committee. Minutes -- Regular Council Meeting February 27, 2007 - Page Mayor Garrett referred to Item 24, a presentation regarding the Equal Opportunity Rights in Employment and Fair Housing Education Forum. Director of Human Relations Leon Bazar; Chairperson of the Human Relations Commission Crystal Lyons; President of LULAC Council No. 1 Dr Nick Adame; and Rudy Medina with LULAC Council No. 4444 provided a powerpoint presentation regarding an educational and outreach activity partnership to target employment discrimination and fair housing. The event is scheduled for Saturday, March 3, 2007 at the Oveal Williams Senior Center from 8:30 a m. to 12:30 p.m. * Mayor Garrett called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding the noise from Concrete Street Amphitheater. * * * * * * , * * k * * Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 25 Executive session under Texas Government Code Section 551.071 regarding Arnulfo Garcia v. City of Corpus Christi; Civil Action No. 06 -198; in the United Sates District Court, with possible discussion and action related thereto in open session. 26 Executive session under Texas Govemment Code Sections 551.071 and 551.072 regarding consultation with attorney and deliberation regarding the Oso Beach Municipal Golf Course property and /or possible location of a future golf course site with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following ordinances were passed with the following vote: 25. MOTION NO. 2007 -064 Motion authorizing the City Manager to approve a Legal Services Agreement with Tony Canales and Nancy Simsonson of CANALES & SIMONSON, P.C., to represent the City of Corpus Christi in Civil Action No 06 -198: Arnulfo Garcia vs. City of Corpus Christi; In the United States District Court at an hourly rate of $200.00. The foregoing motion was passed and approved with the following vote: Garrett, Chesney, Cooper, Garcia, Kelly, Marez, and Noyola. voting "Aye "; Kinnison and Scott were absent. r. * * * * *: * * * ** Mayor Garrett called for the City Manager's report. City Manager Noe announced the "Coastal Bend Days" in Austin on March 6th and 7th to work with the legislative delegation. City Manager Noe announced a "Pride Program" meeting with the Gardendale Neighborhood at 6:00 p.m. tonight at Solid Rock United Pentecostal Church on Curtis Clark. Mr. Noe reported that the 2006 Annual Reports will be produced and included as an insert in the Caller Times on March 11th Mayor Garrett requested an update on the status of the Marina. Mayor Garrett called for Council concerns and reports. Council Member Melody Cooper spoke regarding the need of infrastructure improvements at the Asian Cultural Museum. Minutes Regular Council Meeting FebruaR 27. 2007 - Page 10 There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 12:38 p m. on February 27, 2007. 2 a CITIZENS ADVISORY HEALTH BOARD - Two (2) vacancies with terms to 11 -11 -07 and 11.11 -08 DLTIES: To study and assist in 'lealth and human service operations, services and programs, and to make recommendations to the City and County through the Director of Health and Human Services. COMPOSITION: Eleven (11) members, five (5) members appointed by the City Council for three -year terms. five (5') by the (i ommissioners Court; and one member appointed jointly by the City and the County. The board elects its own president and vice president. ORIGINAL MEMBERS TERMS APPTD. DATES Amanda Stukenberg (City), Vice Chair 11 -11 -09 5 -08 -01 * * *Dr. George H. Fisher (City) 11 -11 -08 5 -09 -06 Rose Caballero (County) Non - Expiring 4 -99 Suzzette Chopin (City) 11 -11 -08 2 -21 -06 Leo Barrera, Jr. (County) Non - Expiring 4 -24 -84 VACANT (County) Non- Expiring ** *James Chrobocinski (City) 11 -11 -07 2 -21 -06 Patricia Lynn Crangle (City) 11 -11 -08 2 -21 -06 Dr. Tony Diaz (County) Non - Expiring 11 -11 -78 VACANT (County) Non - Expiring Araselia Barrera (!pint) 11 -11 -08 2 -21 -06 ** *Resigned INDIVIDUALS EXPRESSING INTEREST Rebecca Esparza Almira Flores Public Relations Consultant. Received Associate in Arts, Journalism from Del Mar College, Bachelor of Business Administration, Marketing and Master of Business Administration from University of the Incarnate Word, San Antonio. Activities include Board Member — American Cancer Society and Co- founder and co- facilitator, M.D. Anderson Cancer Support Group. (2-26-06) Radiology Technologist, Christus Spohn Health Systems. Graduate of Spohn Hospital School of Radiologic Technology. Activities include: Coastal Bend Society of Radiologic Technologists, So. Texas Institute of the Arts, and the Hispanic Women's. Network. Received the Las Estrellas Award. (1- 10 -06) Mary Jane Garza Laura i . Herbert. Patricia E Mattocks Jason Dean Sewell Assistant Superintendent, West Oso Independent School District. Received B.S., M.S. and Ed.D. Activities include: Bishop's Guild, Literacy Council, Hispanic Women of the Coastal bend and PDK. (3-2 "1-06) Pro essional Insurance Advisor, Arvak Insurance Group. President of CBAHU, President of Delta Gamma, RCIA teacher and member of Easter Star 354. (2- 21 -05) Director of Program Services, March of Dimes. Activities include: League of Women Voters — Past Vice - President and Nominating Committee, Zonta, and St. Paul United Church of Christ — Women's Ministr■. (9- 22 -06) Registered Nurse, Corpus Christi Medical Center. Graduate of Del Mar College with an A.A. in Nursing. Certified in Advanced Cardiac Li fe Support and Oncology Nursing Society. Interested in being active in the community is a position of his expertise. (2 -16- 06) •Tori Alexandria Thomas Junior, Miller High School. Activities include: Honor Society. (2- 21 -07) b COMMUNITY YOUTH DEVELOPMENT (78415) PROGRAM STEERING CO1IMITTEE - Two (2) vacancies with terms to 8 -31 -07 representing the following categories; 1- Regular and 1- Youth. (Since the term expires 8- 31 -07, it is recommended to reappoint to a new two-year term ending 8- 31 -09.) DUTIES: To advise the City Council on a periodic basis, as requested by the City Council, regarding the progress of the Community Youth Development Program and make recommendations to the City Council on items pertaining to the Community Youth Development Program. COMPOSITION: Eleven (1 1 ) voting members with two -year, staggered terms. The officers of the committee shall be residents of the 78415 zip code area. Terms are for two years. State guidelines require that at least 51 % of the collaborative steering committee members must be community residents or people closely connected to the community who are not social service providers Two of the voting members shall be youth involved in the Youth Action Committee. State guidelines also require that no members of the committee may be related to each other. State guidelines also require that no individual who is employed by the Fiscal Agent (City of Corpus Christi) or any organization submitting a proposal for funding through the CYD Pro -am, or their immediate family members, may serve on the committee. An expiration date for this committee v■ as set as \ugust 31, 2005, unless funds for the program end sooner. ORIGINAL MEMBER TERM APPTD. DATE Kimberly Riggans (78415 Resident), Chair 8 -31 -08 4 -20 -04 Ellie Cardona (78415 Resident) 8 -31 -08 1 -16 -07 Anna Marie Cortez (78415 Resident) 8 -31 -07 5 -24 -05 Larry E. Rast 8 -31 -08 2 -21 -06 Ana Galvan (78415 Resident) 8 -31 -08 2 -21 -06 Rosa "Linda" Copado Rincon ("78415 Res.) 8 -31 -07 1 -16 -07 ** *James Chrobocinski 8 -31 -07 5 -24 -05 Diana Mesa (78415 Resident) 8 -31 -07 5 -24 -05 Maria Teresa Lopez (78415 Resident) 8 -31 -08 2 -21 -06 Katie Childs (Youth) 8 -31 -08 10 -11 -05 ** *Matthew Stroud ( Youth) 8 -31 -07 10 -11 -05 ** *Resigned (Note: Youth members must be active in the Youth Action Committee and attend a school in the 78415 area. The Youth Action Committee is recommending Troy Clark to fill the Youth position.) OT,ER INDIVIDUALS EXPRESSING INTEREST Troy Clark Junior, Carroll High School. Activities include: Graffiti Wipeout and Feast of Sharing. (Youth) (3- 12 -07) Luella R. Gipson - Torres Associate Teacher II, Driscoll's Children Learning Center. Received Associate of Applied Science and Diploma/Certificate for Early Childhood Development. Activities include: Salvation Army, American Red Cross, Phi Theta Kappa Honor Fraternity Rho Lambda Soroity. (2 -9 -07) Charles Lee Assistant Principal, Corpus Christi Independent School District Central Park School. Received a M. S. Education - Administration and Bachelor of Science Inter- Studies from Texas A &M — Corpus Christi. Activities include: ATPE, PTA, CCPSA. Teacher of the Year Nominee 1998, KEDT Master Teacher i 997, TJ( TA -- Honor Band 1982 -1985. (4- 17 -06) Tamtnv R. Maness Recreation Leader Corpus Christi Housing Authority. Interested in getting involved with 78415 area. (78415 Resident) (2- 14 -06) c PARK AND RECREATION ADVISORY COMMITTEE — One (1) vacancy with term to 8- 2 -08. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (1 1) members appointed by the City Council, who are residents of the City and serve without compensation for a two -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE Hunter Young, Chairperson 8 -23 -07 5 -18 -04 Rene Richard Gutierrez 8 -23 -08 10 -17 -06 Garrett Dorsey 8 -23 -08 4 -18 -06 * ** *Russell Stowers 8 -23 -08 2 -14 -06 Teresa Carrillo 8 -23 -07 8 -23 -05 Dorrinda Garza 8 -23 -08 8 -20 -02 Mari Whitworth 8 -23 -07 1 -18 -05 Jamie Pyle 8 -23 -07 1 -18 -05 Carl Suding 8 -23 -07 8 -17 -04 Buddy Sparks 8 -23 -08 5 -10 -05 Gregory T Perkes 8 -23 -07 4 -22 -03 * ** *Exceeded number of absences allowed by ordinance (Note: Mr. Stowers is interested in being reinstated to the Committee. He has informed us that his absences were for personal reasons which will no longer interfere with future meetings.) INIIVIDUALS EXPRESSING INTEREST Jamie Duff Leland R. Johnson Governmental Intern, CorpusBeat Magazine. Received B.A. in English from Texas A & M and working towards M.A. and Post Certification in Accounting. Activities include: Corpus Christi FOCUS and member of Church of the Good Shepherd Bell Choir. (1- 06 -06) Leland R. Johnson Retired Research Specialist, Celanese. Received Associate Arts Degree from Del Mar College. Activities include: Xeriscape Corpus Christi, Nueces County Master Gardener, served on Boards of Tree Awareness Council and Beautify Corpus Christi. (2- 23 -07) Charles Lee Assistant Principal, Corpus Christi Independent School District. Received B.S. in Intermediate Studies and M.S. in Education Adnunistration from Texas A & M University — Corpus Christi. Member of the Parent Teacher Organization, ATPE and CCPSA. Received the Teacher of the Year nomination. (4- 17 -06) Jerry LFpstreu Are Manager, Kleinfelder. B.A. in Botany at University of Texas, Austin. Nctivities include: Associated Builders and Contractors Boar Member and West Corpus Christi Rotary Member (Citizens at Large) (11- 06 -06) Jimmy Mitchell Retired. Navy Officer. Received A.A. in Travel & Tourism Meeting Planning Management and B.S. in Biology. Has a certification in Real Estate and Property Management. Member of the ('orpus Christi Navy League. (4- 15 -06) Adam Muse Director of Group Sales, Corpus Christi Hooks. Received Bachelors in Business Marketing from University of Oklahoma and Masters in Sports Management from Wichita State University. Actx ities include Leadership Corpus Christi, USO of South Fexa.s Board of Directors, and American Red Cross Board of Directors (11- 06 -06) (Cheryl Capages Peebles Currently working as Freelance Writer. Received degrees from University of Tulsa College of Law, J.D. and University of Missouri School of Journalism, B.J. Activities include: Artist/Harpist for Art Center and Unitarian Universalist Church Choir and Worship Committee. (1- 15 -07) PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS — One (1) vacancy with three -year term to 1 -02 -11 DUTIES: Those set in Article X\ 1, Section 59 of the Texas Constitution. COMPOSITION: Seven (7) members appointed as follows: three (3) City Council, four (3) Nueces County Commissioners Court and one (1) San Patricio County for staggered terms. MEMBERS ORIGINAL TERM APPTD. DATE Ruben Bonilla, Jr. +City). Chairman 1 -02 -10 8 -12 -97 Bernard A Paulson (City), Vice - Chairman 1 -02 -09 10 -08 -96 Yolanda C, Olivarez (County) 1 -02 -09 12 -18 -96 Robert J. (Gonzalez, Sr. (County) 1 -02 -09 1 -11 -00 Kenneth Berry (County) 1 -02 -08 11 -23 -04 *Mike Carrell (City) 1 -02 -08 8 -28 -01 Judy Hawley (San Patricio) 1 -02 -10 *Seeking reappointment ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Mike Carrell 15 14 93% OTIER INDIVIDUALS EXPRESSING INTEREST Richard Bailey, Sr Mody Boatright Distribution/Logistics Team Leader, E.I. Dupont. Received B.A. and currently pursuing M.B.A. from Texas A & M University — Corpus Christi. Has received numerous awards for safety and cost related issues and is certified as a 6 Sigma Green Belt (Statistical Analysis) Active as a member of St. John Baptist and affiliated with OI..PH Catholic Church. (2- 21 -05) Self- employed. Received Master's in Automotive Engineering. Activities include: Mechanical/ Plumbing Advisory Board, Leadership Corpus Christi, Corpus Christi Executive Association. (3- 03 -06) Gerald L' Brown. Sr. Rodney Buckwaltcr Thomas (. Galyon John Garcia Mary Jane Garza Guadalupe J. Gomez ('oretta Graham Vice President/Senior Analyst, RSI & Associates, Inc. Received degree's in Economics and Finance from Northern Virginia. Act] ities include Second Baptist Church Drama Director, History Committee and Benevolence Committee, Board member of \AA ountied Christian Ministries and volunteer for Nueces County Chapter of the Republican National Committee. (2- 25 -05) Manager, [raining & Quality, First Data Corporation. Received A.A from Del Mar College, B.A. and M.S. from Texas A & M Unit ersity Corpus Christi. Activities include: Management Development Advisory Committee Del Mar College, American Soci Ay for Training and Development, Patriot's Band and Honor Guard of America (7- 21 -04) Presgdent'CEO, Corpus Christi Convention and Visitors Bureau. Received B.A. from Emory & Henry College, Emory, Virginia and Post Graduate Virginia Commonwealth. Activities include: Board of Governors for the Art Center and Advisory Board for the Botanical Gardens (1 /10 /05) Director of Sales, Bayfront Plaza Hotel and Conference Center. Attended Del Mar College. Activities include: Corpus Christi Chamber of Commerce and Hispanic Chamber Ambassador, Harbor Lights Committee Member, Coastal Bend Hospitality Sales and Marketing Association, and Hospitality Sales Person of the Yea - (12-4-06) Assistant Superintendent, West Oso Independent School District. Received B.S., M.S. and Ed.D. Activities include: Bishop's Guild, Literacy Council, Hispanic Women of the Coastal bend and PDk (3- 27 -06) Self- employed, Business Consultant. Received B.A. in Business Finance. Member of the Westside Business Association. (3 -10- 05) Assistant District Attorney, Nueces County. Received J.D. from Texas Southern University. Activities include: Coastal Bend Volunteer Center, Community Youth Development, Corpus Christi Bar Association, and NAACP. Received the 2004 Consortium of Doctors Induction. (11- 07 -04) :Angelica E. Hernandez Eduardo Hinoiosa Diane I aRue Randall 1 , Meredith Attorney, Paul G. Kratzig & Associates. Received B.A. from Saint Mary College and J.D. from Washburn University School of Law. Activities include: State Bar of Texas, C.C. Bar Association, American Bar Association, Coastal Bend Women's Lawyers Association, Defense Research Institute, League of Women `Jotcrs, (_ _C. Barrios Association, Hispanic Chamber of Commerce and Westside Business Association. (3- 21 -06) Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kosioryz Elementary School. Received the "Rancher of the Year" Award. (3- 04 -05) Independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family College. Activities include. Mission 911, IWA Golf Chair and Gala Committee. Blessed Sacrament Convent Auxiliary, Pan American Roundtable and Leadership Corpus Christi Class XXIX. (2- 25 -05) Attorney. Meredith Law Office. Received B.A. and M.B.A. from Texas State University and J.D. from St. Mary's University School of I aw. Dedicated to family and community. (3- 21 -05) Jennifer M. Nesmith Marketing Assistant, IBC Bank. Graduate of Del Mar College and Texas A & M University — Corpus Christi. Activities include: Junior League of Corpus Christi, C.C. Literacy Council, Mentor, Brown Bag Challenge, Phi Theta Kappa Alumni, and Programming for Republican Future. (6- 09 -06) Adam Nuse Director of Group Sales, Corpus Christi Hooks. Received Bachelors in Business Marketing from University of Oklahoma and Masters in Sports Management from Wichita State University. Activities include: Leadership Corpus Christi, USO of South Texas - Board of Directors, and American Red Cross Board of Din.•ctors (11- 06 -06) Nelida S Ortiz Received B.A. from Texas A & M University — Corpus Christi. Activities include: Columbus Fleet Association, Westside Business Association — Board member and recording secretary, C'.0 Chamber of Commerce, Hispanic Chamber, and Salvation Arn iy. (4- 04 -06) Guillermo "Willie" Pere Retired Assistant Principal, CCISD. Received B.S. in English/History, and M.S. in Mid - Management Administration. Activities include: LULAC, GI Forum, Retired Teachers, Leadership Corpus Christi and Disabled Veteran. (07- 12 -05) Scott Ponton Richard Pulido Curtis A Rock Latrice M. Sellers Sharlene L. Sexton _E ohn B Smith Morgan Spear Manager. AT &T. Attended the University of Texas at Austin. Activities include: Executive Committee and State board member of Coastal Conservation Association, Quail Unlimited, Ducks Lnhmited, SEA and Citizen's University. (6- 19 -06) Regional Superintendent/Business Development Officer, Space and Warfare Command. Received BS, Business Management from Park University and currently pursuing Management Graduate Degree at Embry- Riddle University. Retired Chief United States Navy. Activities include: Senior Deacon and Charman Master Plan Committee at Real Life Fellowship. (12- 18 -06) Business Development Manager, Rock Engineering and Testing Laboratory, Inc. Received B.A. in Management Information Systems. Activities include: Associated Builders and Contractors, Leadership Corpus Christi, World Affairs Council of South Texas, Chatnber of Commerce and Hispanic Chamber of Commerce. (4- 04-06) Department Head/FSMIV, Texas Department of Criminal Justice. Received A.A. in Communications from Del Mar College. Activities include Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach'`, and State Democratic Executive Committee for Women (2- 23 -05) Director of Human Resources, Corpus Christi Regional Transportation Authority. Received B.S in Business and M.A. in Human Resource Development and Business Management. Act ±vities include: Society of Human Resource, C.C. Human Resource Management Association, and Leadership Corpus Christi. (12- 06 -05) Lead Pastor, First Family Church. Received B.S. from Liberty University and pursuing M.A. Activities include: Leadership Corpus Christi, World Affairs Council of South Texas, and Rotary Club. (4- 14 -05) President, Morgan Spear Associates, Inc. Received Bachelor of Architecture Degree from University of Texas. Activities include: American Institute of Architects, Corpus Christi Chapter of AIA, Texas Society o Architects, Church of the Good Shepherd Episcopal Church. and Alpha Tau Omega. (7- 13 -06) Alfonso Trujano 1r. Sam Watson Senior Designer /Project Manager, Maverick Engineering, Inc. Received B.S. in Civil Engineering and Graduate courses on Civil Eng)neering. Secretary of the American Society of Civil Engineers and FSPF member. Received the Excellence on Leadership Award and nominated for 2004 Torch Award for Marketplace Ethics. (4- 19 -05) Agent, State Farm Insurance. Received a B.A. in Psychology. Member of the National Association of Insurance and Financial Adv'sors (2- 21 -05) e WATER RESOURCES ADVISORY COMMITTEE — Five (5) vacancies, one with term to 4- 01 -08 and four with terms to 4 -01 -09 representing the following categories: 1- Wholesale Treated, 1- Resident, 1 -Large Commercial, 1- Military Facility, and 1- Landscaping. (Mayoral appointment with the approval of Council) DUTIES: To advise the City Council.. City Manager and Water Superintendent in matters of water resources management. CITY Council, City Manager and Water Superintendent may refer matters to the committee to obtain their views. COMPOSITION! Nine (9) members appointed by the Mayor with the approval of the Council for two -year staggered terms. The members shall include 1 - residential customer (home owner) of the City's water system. 1 - Large commercial customer of the City water system, 1 - wholesale raw or treated water ,ustomer of the City's regional water supply system, 1 - representative of the Port Industries of Corpus Christi, 1 - representative of a school district located within the cits. 1- representative of a military facility, 1 - representative of landscaping /nursery'horticulture interest; 1 - representative of apartment owners associations and - citizen at large In addition, the Mayor may appoint one or two Council member(s) to serve as ex- officio member(s) MEMBERS * Carola Serrato (Wholesale treated ), Chair *Kimberly Stockseth (Resident.), \ Ice -Chair *Jon Kiggans (Lg. commercial) Frank C. Brogan (Port Industries) Mary K. Fant (School district) ** *Capt. Timothy Coolidge (Military facility) ** *Herman Johnson, Sr. (Landscaping) Lena Coleman (Apt. Owners) Ruth Blake (Citizen at Large) Council Member Jerry Garcia *Seeking Reappointment ** *Resigned TERM 4 -01 -07 4 -01 -07 4 -01 -07 4 -01 -08 4 -01 -08 4 -01 -07 4 -01 -08 4 -01 -08 4 -01 -08 Ex- officio, non - voting ORIGINAL APPTD. DATE 2 -12 -02 2 -12 -02 2 -12 -02 12 -12 -06 12 -12 -06 9 -20 -05 2 -12 -02 2 -12 -02 12 -12 -06 (Note: The Department of the Navy is recommending the new appointment of Mark Stroop for category of Military Facility) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Carola Serrato (Wholesale Treated) 4 Kimberly Stockseth (Resident) 4 Jon Kiggans (Lg. Commercial) 4 NO. PRESENT 4 4 % OF ATTENDANCE LAST TERM YEAR 100% 75% 100% OTHER INDIVIDUALS EXPRESSING INTEREST Leland R. Johnson Jerry Lipstreu Michael Potter Mark Stroop Retired Research Specialist, Celanese. Received Associate Arts Deuee from Del Mar College. Activities include: Xeriscape Corpus Christi, Nueces County Master Gardener, served on Boards of Tree Awareness Council and Beautify Corpus Christi. (Landscaping) (2- 23 -07) Area Manager, Kleinfelder. Received B.A. in Botany at University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member and West Corpus Christi Rotary Member. (Citizen at Large) (11- 06 -06) County Horticulture Agent, Texas Cooperative Extension. Received Bachelors Degree in Plant and Soil Science - Horticulture. Activities include: Coordinator for Nueces County Master Gardeners and Nueces County Master Naturalist, USDA Superior Service Award -1992, and member of Xeriscape Corpus Christi and UDC Landscape Committee. (Landscaping) (3 -8 -07) Deputy Public Works Officer, Department of the Navy. Received Bachelor in Architecture from North Dakota State University. Activities include: Society of American Military Engineers and General Schedule (GS) Employee of the Quarter. (Military Facility) (2 -5 -07) 3 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/20/07 AGENDA ITEM: Ordinance appropriating $33,309.21 from the State of Texas in the NO. 1061 Police Grants Fund — Law Enforcement Officer Standards and Education for training of police personnel and purchase of training equipment; and declaring an emergency. ISSUE: Based on the Govemment Code, Section 415.0845, the State of Texas provides an annual allocation for training of police personnel as well as training equipment. The funds must be appropriated annually when the check is received. BACKGROUND INFORMATION: The funds are received from the State as directed by Government Code, Section 415.0845, to make an annual allocation from the Law Enforcement Officer Standards and Education account to qualified law enforcement agencies for expenses related to the continuing education of full -time law enforcement officers and support personnel and any training equipment. The amount of funds received depends on the number of personnel we have as of January 1 of each year. REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. Bryan P. Smith Chief of Police Attachments: Deposit slip Letter from Texas Comptroller of Public Accounts )ept CITY OF CORPUS CHRISTI C'.ASH RECEIPT REPORT: Processed repared/Reviewed by_1' 1 CIQ. Dater 82352 Ext (2(g 13 Bank Bag # MX. 03a412$ /Li 1.. r. A C ")UTIT ODE Ft ING ORG PROJECT GRANT BUDGET YEAR AMOUNT REMARKS [cq 3301P.3 IDIR I 6O SaIM_2- a -04. 33p.tq2.1 'e4 :.:ASH VERIFICATION COUNT CURRENCY. COIN. SIOOs $ 50s $ 20s $ lOs $ 5s $ Is AMOUNT $0.50 $0.25 $0l0 $ $005 $ $0.01 $ CASH SUBTOTAL CHECK TOTAL (include tape) $ SUBTOTAL $ CREDIT CARD (include tape) $ GRAND TOTAL $ 33_ Apt.aJ * If you have inserted a 2 -digit Payment Code in the first column, leave the remaining columns blank. If you have not inserted a Payment Code in the first column, you must complete the remaining columns. (I.e., Account, Fund, Org., Project/Grant, Budget Year, Amount, and Remarks. g WHITE/YELLOW CENTRAL CASHIERING PINK - DEPARTMENT COPY !".REEN - PERMANENT FILE COPY Revised I , f0 '99 0 BOY 9277 7ORPUS CHRIST Tx 78469 -9277 rost National Bank Receipt # Check# DEPARTMENT Deposit ' icket Date Prepared By Acct. ;- and Org. No ?rj /Grt. _ Ext. Amount t-- CKS AND •, R - REC •+ FOR DEPOSIT SUBJ 4 TO THE 'ERNS AND CONDITIONS OF THIS FINANCIAL INSTITUTION'S AGREEMENT Reviewed by /Date: q°8249450 4L/40000934 66 40 L 2 79811' C A S H C H E C K S 824945 CURRENCY COIN TOTAL A3(14 7 20 O CO tr) THE STATE OF TEXAS PAYMENT INFORMATION INVOICE AMOUNT O z 0 INVOICE DESCRIPTION 0 z O z O PEACE OFFICER ALLOC ;E OFF ALL 78469 -9016 CC CA, W 1- CO 6 N O CO a- 9 O N o� X Q •• Lt. Z 0- CII W O 1- 4 W - Z -- art- C Z d'1- -roar OI- Q 0- lJ- U W O. N = = 1 a-1 .r 1- Z 1 IL .O \QZ tr1 21- W C7 WU1 D.< 0= r UJ Q MW =N 1-0 J >- 1- O N BOO Q 1- 1 Q 0- O 1 -4 -r \ 1- 00 .rar= M d- •r1 Q I+. N.r W D \ W00 J 6 N 0 1 •• C9 V0 O O GIN • M tie =ar 1-_ = Z O W I N O O N U= Q 1-Lr1 V i N N 0 0 0 3 O- W UJ CA C7 C7 ar = Q• 1 41 W 1-3Ucol C7oz •WQ Z2 W3 Cie W M I-. 3-4 -r N 0. O F- M p M N c a D Id J J O 4 d 4- I- H N �r LA C E L) V O 0 CO r U N • N UJ O FW- W t i t C1. M A A O 0 n � ff'LL344976Sn' L49001641: Detach here before depositing - NOT NEGOTIABLE - of 1u x� c ,.x TEXAS COMPTROLLER OF PUBLIC ACCOUNTS AUSTIPI, TEXAS 78774-0100 February 23, 2007 CITY OF CORPUS CHRISTI POLICE DEPARTMENT PO BOX 9016 CORPUS CHRISTI TX 78469 -901e Vendor number: 17460005741 -05] Enclosed is your annual allocation payment from the Law Enforcement Officer Standards and Education (LEOSE) account in the amount of $ 33,309.21. This payment must be used as necessary to ensure the continuing education of persons licensed under Chapter 1701, Occupations Code, or to provide necessary training, as determined by the agency head, to full -time, fully paid law enforcement support personnel in your agency. Your agency must maintain a complete and detailed record of all money received and spent. All money received is subject to audit by the Comptroller of Public Accounts and all money spent is subject to audit by the State Auditor. The Comptroller is directed by the Occupations Code, Section 1701.157 to make an annual allocation from the AOSE account to qualified law enforcement agencies for expenses related to the continuing education of persons licensed under Chapter 1701, Occupations Code. Of the account, 20 percent is allocated equally among the qualified agencies. The remaining 80 percent is allocated on the basis of the number of eligible law enforcement positions each agency had as of January 1 of the preceding :alendar year. An eligible law enforcement position is defined as one held by a person 'icensed under Chapter 1701, Occupations Code, who works as a peace officer or 'icensed jailer on the average of at least 32 hours a week, is compensated by a political subdivision of the state at the minimum wage rate or higher, and is entitled to all employee benefits offered to a peace officer. TO receive your agency's share of the LEOSE account in 2008, you must complete and return the enclosed Law Enforcement Officer Standards and Education Account 2008 Allocation Basis form to us no later than April 27, 2007. The information provided or this form must be accurate and returned timely to our office to ensure the correct allocation of the LEOSE account. Please call us toll }ree at 1- 800 - 531 -5441, extension 3 -4530, if you have any questions or 'f we can be of assistance. The Austin number is 512/463 -4530. From a Telecommunications Device for the Deaf (TDD) ONLY call 1- 800 - 248 -4099 toll free. The Austin TDD number is 512463-4621.1 Enclosures 40 -305 'Fe4.2-0Or3: ORDINANCE APPROPRIATING $33,309.21 FROM THE STATE OF TEXAS IN THE NO. 1061 POLICE GRANTS FUND - LAW ENFORCEMENT STANDARDS AND EDUCATION FOR TRAINING OF POLICE PERSONNEL AND PURCHASE OF TRAINING EQUIPMENT; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $33,309.21 from the State of Texas is appropriated in the No. 1061 Poke Grants Fund- Law Enforcement Standards and Education for training of police personnel and purchase of training equipment. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends thad Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 20th of March, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form it Rrcq f Z- Joseph I mey Assistant City Attorney For City Attorney 2007 TO THE MEMBERS OF THE CITY COUNCIL Carpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Maud Scott 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 20, 2007 AGENDA ITEM: A. Resolution authorizing the City Manager, or his designee, to accept a grant from the Coastal Bend Regional Advisory Council in the amount of $8,366.20 to be used for the purchase of equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department. B Ordinance appropriating $8,366.20 from the Coastal Bend Regional Advisory Council into the 1056 ambulance fund to purchase equipment, supplies, and services to support the delivery of emergency medical services for the Corpus Christi Fire Department; and declaring an emergency. ISSUE: The Coastal Bend Regional Advisory Council on Trauma (RAC) has forwarded to the City a series of checks as a grant in the amount of $8,366.20. This is a direct grant for the benefit of the City's EMS operations. No application was required. This is the seventh year that the RAC has distributed similar grants. Every EMS agency within the twelve county Coastal Bend area, who is actively participating in the RAC, is receiving funding based upon the number of trauma responses they make. The funds originate from the Texas Department of State Health Services and are routed to the RAC. REQUIRED COUNCIL ACTION: Council's adoption of the motions is necessary to permit utilization of these funds. PREVIOUS COUNCIL ACTION: The Council has previously approved five similar grants. CONCLUSION AND RECOMMENDATION: It is recommended that the Council approve the ordinance to appropriate the funds to the Ambulance Fund 1056 to purchase equipment, supplies, and services to support the delivery of emergency medical services. 14(.UlH.41 Richard Hoo s, Fire Chief RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO ACCEPT A GRANT FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL IN THE AMOUNT OF $8,366.20 TO BE USED FOR THE PURCHASE OF EQUIPMENT, SUPPLIES, AND SERVICES TO SUPPORT THE DELIVERY OF EMERGENCY MEDICAL SERVICES FOR THE CORPUS CHRISTI FIRE DEPARTMENT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager. or his designee, is authorized to accept a grant in the amount of $8,366.20 from the Coastal Bend Regional Advisory Council for the purchase of equipment, supplies and services to support the delivery of Emergency Medical Services for the Corpus Christi Fire Department. ATTEST: Armando Chapa City Secretary APPROVED: I4iff(h it By: 2007. Joseph'Harney Assistant City Attorney For City Attorney Reso-csRAC- yrant3.doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott Reso- CBRAC- grant3.doc 2 AN ORDINANCE APPROPRIATING $8,366.20 FROM THE COASTAL BEND REGIONAL ADVISORY COUNCIL INTO THE NO. 1056 AMBULANCE FUND TO PURCHASE EQUIPMENT, SUPPLIES, AND SERVICES TO SUPPORT THE DELIVERY OF EMERGENCY MEDICAL SERVICES FOR THE CORPUS CHRISTI FIRE DEPARTMENT; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $8,366.20 from The Coastal Bend Regional Advisory Council is appropriated in the 1056 Ambulance Fund to purchase equipment, supplies and services to support the delivery of Emergency Medical Services for the Corpus Christi Fire Department SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 20th day of March, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: ifiote#4 /2_ , 2007 By: Joseph amey Assistant City Attorney For City Attomey Ord- J4ppr- Fire- CBRAC -2.doc 2 Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 1/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Mernbers 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 5 AGENDA MEMORANDUM City Council Action Date: March 20. 2007 AGENDA ITEM: Item A. A resolution authorizing the City Manager or designee to accept a grant from the Department of State Health Services in the amount of $80,000 for costs related to the provision of diabetes prevention and management services and to execute all related documents. Item B: An ordinance appropriating a grant of $80,000 from the Department of State Health Services in the No. 1066 Health Grants Fund for costs related to the provision of diabetes prevention and management services; and declaring an emergency. ISSN: The Health District is in receipt of Attachment #01 to Contract #2007 - 022066 -001 Change No. 1. with the Department of State Health Services. The Health District in collaboration with the Coastal Bend Health Education Center (CBHEC) has developed an educational diabetes program for diabetics as well as individuals and family members at risk for diabetes. This project addresses two unmet needs in this area: 1.) lack of "prevention" education programs and 2.) increased capacity of existing programs for persons /families with diabetes. These grant funds will be used for personnel costs, fringe benefits. travel, supplies, and contractual costs. The grant period is from March 30, 2007 to March 29, 2008 REQUIRED COUNCIL ACTION: Approval of the contract attachment and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funds for FY06 -07. FUMING: There is no match funding required by the City. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for a family focused community diabetes service project AO( Annette Rodrigu , M.P.H. Acting Director of Public Health BACKGROUND INFORMATION This is a renewal grant that has been provided to the Health District from DSHS. The purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus in our area. This contract period will increase diabetes education programs for individuals at risk for developing diabetes. No matching funds are required. The grant provides for one full time program coordinator and a part-time program assistant. Activities supported by this funding include personnel costs, fringe benefits, travel, supplies, and contractual costs for items such as incentives. i,e . podometers needed to increase client participation. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE AMOUNT OF $80,000 FOR COSTS RELATED TO THE PROVISION OF DIABETES PREVENTION AND MANAGEMENT SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. THAT SECTION 1. The City Manager or his designee is authorized to accept a grant from the Department of State Health Services in the amount of $80,000 for personnel costs, fringe benefits, travel, supplies, and contractual costs related to the provision of diabetes prevention and management services and to execute all related documents. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 14, 2007 Eli R. Hundley Assi - nt City Attorney for the City Attorney EHres19C doc Henry Garrett Mayor Corpus Christi, Texas ,2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott AN ORDINANCE APPROPRIATING A GRANT OF $80,000 FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR COSTS RELATED TO THE PROVISION OF DIABETES PREVENTION AND MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $80,000 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for personnel costs, fringe benefits travel, supplies and contractual costs related to the provision of diabetes prevention and management services. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2007 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 14, 2007 Elizab- R. Hundley Ass t City Attorney for the City Attorney ENord2O3 doc Henry Garrett Mayor Corpus Christi, Texas day of 2007 TO THE MEMBERS OF THE CITY COUNCIL: Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emer- gency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced or at the present meeting of the City Council, Respectfully, Council Members Respectfully, Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A Kinnison John E. Marez Jesse Noyola Mark Scott 6 AGENDA MEMORANDUM Date: March 20, 2007 SUBJECT: Oil & Gas Division Orders for the Neyland Trust benefiting the library AGENDA ITEMS: Resolution authorizing the City Manager or his designee to execute all documents and take all action necessary to administer the property previously held by the Anita Neyland Trust, which is now being turned over to the City. including but not limited to signing oil and gas division orders and accepting monies derived from property; and requiring that all monies derived from this property shall be deposited into a library fund and used for library purposes. ISSUE: The City Library is named as a beneficiary in the Anita Neyland Trust, established under the Last Will and Testament of W. T Neyland, who died in 1985. Upon the death of Mrs. Neyland the Trust was to be distributed in four equal parts to the following: City Library, the First Presbyterian Church, a son and a biomedical institution. Mrs. Neyland died on October 28, 2004. To date over $795.000 has been received from the estate. The City has opted to retain its mineral interest Wells Fargo, the Neyland estate trustee, is now in the process of distributing the assets of the trust, including mineral interests. in order to receive royalty payments from these interests, it is necessary for the City to sign division orders certifying ownership of the mineral interests. The City has not independently verified ownership of these interests. The City is relying on the records of the oil and gas companies and, to a lesser extent, the records provided by Wells Fargo. Obtaining a title search and /or title insurance for each of these interests would likely be cost prohibitive. REQTIRED COUNCIL ACTION: Council authorization required. 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 ('IP Fund No. 3210 for improvements to the Parkdale Branch L ibrary Resolution No. 026129 ( January 25, 2005) authorizing the renaming of the Parkdale Branch Library to the "William F. Neyland Public Library" upon completion of improvements to the facility. Resolution No. 026752 aApril 2, 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. Page Two Oil & Gas Division Orders for the Neyland Trust benefiting the library Resottion 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 (June 27, 2006) appropriating $257,353.70 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $187,458.57 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. 3210 for Parkdale library 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 'f 6, 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 tor improvements to the Parkdale Branch Library. Ordinance No. 027107 (January 6, 2007) appropriating $131,750.32 into the Library CIP Fund no, 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 unappropriated 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. 32 ' 0 for the Bell Children's Library at the Central Library; amending FY 2006 -2007 Capital Budget adopted br Ordinance No. 026997 to increase appropriations by $131,750.32; and declaring an emergency. Ordinance No. 0271132 (January 30. 2007) 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. RECOMMENDATION: Staff recommends approval Herb Canales Director of Libraries A RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE ALL DOCUMENTS AND TAKE ALL ACTION NECESSARY TO ADMINISTER THE PROPERTY PREVIOUSLY HELD BY THE ANITA NEYLAND TRUST, WHICH IS NOW BEING TURNED OVER TO THE CITY, INCLUDING BUT NOT LIMITED TO SIGNING OIL AND GAS DIVISION ORDERS AND ACCEPTING MONIES DERIVED FROM THE PROPERTY; AND REQUIRING THAT ALL MONIES DERIVED FROM THIS PROPERTY SHALL BE DEPOSITED INTO A LIBRARY FUND AND USED FOR LIBRARY PURPOSES. WFIREAS, the City Library was the beneficiary of 25% of the Anita Neyland Trust ( "Neyland Trust") established under the W.T. Neyland Last Will and Testament, and WHEREAS, the Neyland Trust is being dissolved and the assets distributed to the beneficiaries; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or his designee, is authorized to execute all documents and take all action necessary to administer the property previously held by the Anita Neyland Trust, which is now being turned over to the City, including but not limited to signing oil and gas division orders and accepting monies derived from the property. SECTION 2. All monies derived from this property shall be deposited into a Library fund and used for library purposes ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor APPROVED AS TO FORM: March 15, 2007 at e Wendy E. • "'�• en • 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: March 20, 2007 AGENDA ITEM: Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Southside Library "Percent for Art" Project. ISSUE: Ordinance #19634 stipulates that no city advisory board or committee can appoint persons outside its membership as advisors, or to subcommittees or ad hoc committees without prior approval of the City Council. Therefore, Council approval to appoint the panel is required. RETIRED COUNCIL ACTION: Approval of Ad Hoc Peer Arts Panel PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Arts & Cultural Commission approved the ad hoc peer arts panel at their meeting on February 8, 2007. The Commission and City Staff recommend the ad hoc peer arts panel be approved. Sally G ik, Direct •r Parks d Recreation Department Attachments: List of Peer Arts Panel Members Background Information Southside Library Selection Peer Arts Panel Percent for Art Nola Guajardo, Artist Lucy McCracken, Community Member Cyn is Holmes, Artist Sean Bevy - Grosbeck, Community Member Background Information The make up of the ad hoc peer arts panel is directed by policies and guidelines established in the Public Art Ordinance. Two art professionals, two members of the arealneighborhood where the art will be placed, an Arts and Cultural Commission member, city staff, an architect or designer, related board members and a representative of the department that will receive the artwork is the standard make -up of the panel, though only the four being presented for approval will be able to vote on the finalists. The Visual Arts Subcommittee made recommendations to the Arts and Cultural commission of two people that would represent the community and two local art professionals. The ad hoc peer arts panel members were selected and these are their recommendations to the Council. By ordinance all allocations for funds for City Construction Projects over $50,000 shall include an amount equal to one and one - quarter (1 1/4) percent of the Construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs. CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 20. 2007 AGENDA ITEM: Motion authorizing the appointment of an ad hoc peer panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Parkdale Library "Percent for Art" Renovation. ISSUE: Ordinance #19634 stipulates that no city advisory board or committee can appoint persons outside its membership as advisors, or to subcommittees or ad hoc committees without prior approval of the City Council. Therefore, Council approval to appoint the panel is required. REQUIRED COUNCIL ACTION: Approval of Ad Hoc Peer Arts Panel PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Arts & Cultural Commission approved the aid hoc peer arts panel at their meeting on March 8, 2007. The Commission and City Staff recommend the ad hoc peer arts panel be approved. Sally Ga , Director Parks a Recreation Department Attachments: List of Peer Arts Panel Members Background Information Parkdale Library Selection Peer Arts Panel Percent for Art Karen Magee, Community member Melissa Marks, Artist Barbara Silverman or Jamey Cone, Community Member and Member, Library Board Nora Verdian, Artist Background Information The make up of the ad hoc peer arts panel is directed by policies and guidelines established in the Public Art Ordinance. Two art professionals, two members of the area/neighborhood where the art will be placed, an Arts and Cultural Commission member, city staff, an architect or designer, related board members and a representative of the department that will receive the artwork is the standard make -up of the panel, though only the four being presented for approval will be able to vote on the finalists. The Visual Arts Subcommittee made recommendations to the Arts and Cultural commission of two people that would represent the community and two local art professionals. The ad hoc peer arts panel members were selected and these are their recommendations to the Council. By ordinance all allocations for funds for City Construction Projects over $50,000 shall include an amount equal to one and one - quarter (1 1/4) percent of the Construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs. 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 20, 2007 AGENDA ITEM: Motion authorizing the appointment of an ad hoc peer arts panel to the Arts and Cultural Commission, consisting of two professionals and two community peers to provide a recommendation for the Southside Fire Station "Percent for Art" Project. ISSUE: Ordinance #19634 stipulates that no city advisory board or committee can appoint persons outside its membership as advisors, or to subcommittees or ad hoc committees without prior approval of the City Council. Therefore, Council approval to appoint the panel is required. REQUIRED COUNCIL ACTION: Approval of Ad Hoc Peer Arts Panel PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Arts & Cultural Commission approved the ad hoc peer arts panel at their meeting on March 8, 2007. The Commission and City Staff recommend the ad hoc peer arts panel be approved. Sally Ga , Director Parks an Recreation Department Attachments: List of Ad Hoc Peer Arts Panel Members Background Information Southside Fire Station Ad Hoc Peer Arts Panel Percent for Art Daniel Gutierrez, Artist Ray Longoria, Community Member Kimberly $tockseth, Community Member John Watson, Artist Background information The make up of the ad hoc peer arts panel is directed by policies and guidelines established in the Public Art Ordinance 19663. Two art professionals, two members of the arealneighborhood where the art will be placed, an Arts and Cultural Commission member, city staff, an architect or designer, related board members and a representative of the department that will receive the artwork is the standard make -up of the panel, though only the four being presented for approval will be able to vote on the finalists. The Visual Arts Subcommittee made recommendations to the Arts and Cultural commission of two people that would represent the community and two local art professionals. The ad hoc peer arts panel members were selected and these are their recommendations to the Council. By ordinance all allocations for funds for City Construction Projects over $50,000 shall include an amount equal to one and one - quarter (1 1/4) percent of the Construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs. 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 03/20/2007 AGENDA ITEM: A resolution authorizing the City Manager or designee to submit a grant application to the Texas Commission on the Arts in the amount of $10,000 for support for the 2008 Festival of the Arts, with a $10,000 City match in the No. 1030 Arts Grants /Projects Fund. ISSN: The Arts & Cultural Commission is applying to the Texas Commission on the Arts in order to have additional funding available to promote and facilitate the 2008 Festival of the Arts, a 3 -day weekend event. The funds used to match the grant will be from the FY 07 -08 Arts and Cultural Commission budget REQUIRED COUNCIL ACTION: Authorization to submit the grant application to the Texas Commission on the Arts PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: The Arts and Cultural Commission support the application for this grant Say Ga Parks a Attachments: None Director Recreation Department A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS COMMISSION ON THE ARTS IN THE AMOUNT OF $10,000 FOR SUPPORT FOR THE 2008 FESTIVAL OF THE ARTS, WITH A CITY MATCH OF $10,000 IN THE NO. 1030 ARTS GRANTS /PROJECTS FUND. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to submit a grant application to the Texas Commission on the Arts, in the amount of $10,000, for support for the 2008 Festival of the Arts, with a $10.000 City match in the No. 1030 Arts Grants /Projects f=und. ATTEST: Armando Chapa City Secretary APPROVED: March 13, 2007 Elizabej R. Hundley Assistant City Attorney for the City Attorney EHres189 doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas 2007 The above resolution was passed by the following vote: Henry Garrett Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E Marez Jesse Noyola Mark Scott 11 CITY COUNCIL AGENDA MEMORANDUM March 20, 2007 AGENDA ITEM: A. Ordinance authorizing the City Manager, or his designee, to execute a ten year reciprocal fiber license agreement with Grande Communications Networks, Inc., ( "Grande ") for City to receive use of approximately 82.9 miles of Grande fiber, and Grande to receive use of approximately 18.9 miles of City fiber; providing for refund of $100,000 security fund established in the Grande Cable Franchise. B. Ordinance appropriating $24,458.42 interest earnings from the Grande Communications Security Fund established in the General Fund; transferring to and appropriating in the CC Digital Community Development Corporation Fund 4800 for fiber construction; amending the FY 06 -07 Operating Budget adopted by Ordinance NO. 026908 by increasing appropriations by $24,458.42; amending CC Digital Community Development Corporation Fund 4800 to increase appropriations and revenues by $24,458.42 each; and declaring and emergency. ISSUE: Grande Communications previously received a cable franchise from the City. In late 2005, Grande terminated the city franchise, and obtained a state cable franchise, under new state law (Senate Bill 5) which authorized state cable franchises in certain circumstances. This law took effect in 2005. Grande requested the return of the security fund required in the franchise in the amount of $100,000. We have negotiated a fiber license agreement, where Grande is going to provide the city with use of approximately 82.9 miles of their fiber, and City will provide Grande with use of approximately 18.9 miles of City fiber. The agreement provides for the release of the security deposit To allow for this joint use, it is necessary to connect the City's fiber optic system to that of Grande. It is estimated that the City's portion of this cost will be $24,500 and the interest earnings will be used to offset the City's expenditures. Grande will fund their construction work REQUIRED COUNCIL ACTION: City Council approval is required for use of City property and for all expenditures over $25,000. PREVIOUS COUNCIL ACTION: In 1999, City Council approved a cable franchise agreement for ClearSource, inc. In 2002, City Council approved merger transaction between ClearSource and Grande Communications Inc. FUNDING: The $100,000 security deposit as well as the $24,458.42 interest earnings are in account 203065 - 1020 -00000 "Clear Source, Inc. Security Fund ". REOOMMENDATION: Staff recommends approval of the ordinances as presented. '1 G.q � CACI; Ogilvie Gericke, Director Information Systems Attachment: Reciprocal Fiber License Agreement with Grande Communications Networks, Inc. ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A TEN YEAR RECIPROCAL FIBER LICENSE AGREEMENT WITH GRANDE COMMUNICATIONS NETWORKS, INC., ( "GRANDE ") FOR CITY TO RECEIVE USE OF APPROXIMATELY 82.9 MILES OF GRANDE FIBER, AND GRANDE TO RECEIVE USE OF APPROXIMATELY 18.9 MILES OF CITY FIBER; PROVIDING FOR REFUND OF $100,000 SECURITY DEPOSIT ESTABLISHED IN THE GRANDE CABLE FRANCHISE BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute a ten year Reciprocal Fiber License Agreement with Grande Communications Networks, inc ( "Grande "). A copy of the Agreement in substantial form is attached. The Agreement contains a provision for refund of the $100,000 security deposit established in the Grande Cable franchise. Reciprocal Fiber License Agreement HIS Reciprocal hiber License Agreement (this "Agreement" or "License ") is made and entered Into as of _ 200" (the '`Effective Date ") by and between City of Corpus Christi. Texas ("City ") and Grande Communications Networks, Inc., a Delaware corporation Grande',) RECITALS City and Grande each owns a fiber optic communication system in the City of Corpus Christi. referred to as the City System Route and Grande System Route, respectively. 1. City desires to be granted the right to use, and Grande is willing to grant to City the right to use certain dark fibers and associated property in the Grande System Route, on the terms and conditions set forth helot), . Grande desires to oe granted the right to use, and City is willing to grant to Grande the right to use certain dark fibers and associated property in the City System Route, on the terms and conditions set forth below Each defined term shall have the meaning set forth in this Agreement where such term is first used_ if no meaning is so set forth, the meaning ascribed to such term in the Glossary of Terms which is attached hereto and incorporated herein by this reference. \ccordingl\ . in consideration of the mutual promises set forth below, and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereby agree as follows ARTICLE 1. Licensed Fiber Grande hereby grants to City, and City hereby accepts from Grande: (a) the exclusive right and license (the "City Fiber License ") to use certain communications dark fibers (the "Grande Fibers ") which will be specifically identified h' Grande in the Grande szystem Route as depicted on Exhibit A attached hereto and Incorporated hereii ; and (b) the nonexclusive right and license to use the tangible and intangible property needed for the use of the Grande Fibers (collectively, the "Grande Associated Property "), ncluding but not limited to the associated conduit; and Grande's rights in all Grande Underlying Rights. :BRANDF C■ )MMUNF \ !IONS - ETWORRs. Ii':= CONFIDENTIAL AND PROPRIETARY 1.2 City hereby grants to Grande, and Grande hereby accepts p from City: (a) the exclusive right and license (the "Grande Fiber License ") to use certain communications dark fibers (the "City Fibers") City in the City System Route as depicted on the attached Exhibit Al ically identified and incorporated herein; and it Al attached hereto and (b) the nonexclusive right and license to use the tangible and property needed for the use of the City Fibers (collectively the intangible City Prlae —rty "), including but not limited to h "City Associated (1) the associated conduit; and (2) City's rights in all City Underlying Rights. 1.3 Neither party has the right or Associated Property of the other pat to own, control, maintain, modify or revise the Fibers 1.4 Neither party has the right of physical access to, the right manner, or other use of the System Route of the other Party, to encumber forth in any y, except as expressly set forth herein. 1.5 Each party shall have full and complete control and responsibility any network and service configuration or designs, routing configurations, consolidation of channels bility for determining annels or circuits and all related g guratiard rearrangement or party's fiber. functions with regard to the use of that 1.6 Each party acknowledges obligated to supply any optronics or that the electrical is not supplying facilities, including without limitation, generators, batteries, air co nor is ecioner equipment ti other monitoring and testing equipment, all of which are the sole responsibility conditioners, fire protection and is any party responsible for performing any work other than as specified llty of she using in this Agreement. Y, nor ADDITIONAL CONSIDERATION FOR GRANTS 2 I City shall pay directly or reimburse Grande for the costs and in Article ?. expenses described 2.2 Upon the earlier of (a) 90 days after the execution of this License; of notice from the Dir. of MIS that the Grande Fibers have been shall immediately refund to Grande the $100,000 security cense; or b den delivered to provided the Grande to City pursuant to the terms Y deposit previously March 10, 2000 and conditions of that certain Franchise Agreement, dated , 000 and entered into b4' and between the ' parties hereto. CONSTRUCTION O HE GRANDE ARTICLE FIBER SYSTEM 2 r5RANDE COMMUNICATIONS Nt TWORKS [NC CONFIDENTIAL AND PROPRIETARY 3 i Grande shall construct the Grande System Route Exhibit A. The Grande System Route and the Grande Fib as described on the attached specifications set forth in Exhibit B. ers therein shall meet or exceed the 3.2 Except as may be provided herein expense, procure all materials to be incorporated in ad Grande beacll, at Grande's sole cost and Grande System Rouge. become all, permanent part of the CONSTRUCTION ARTICLE 3A OF THE CITY FIBER 3A.1 SYSTEM f ity has constructed the City System Route as described on Al The City System Route and the City Fibers therein shall set forth in Exhibit B the attached Exhibit 1 meet or exceed the specifications ARTICLE 4. TESTING 4.1 Grande shall test all Grande Fibers in accordance with 2i the ( "Fiber Testin " cable splicing S ). Fiber Testing shall proceed s the Procedures specified in g progresses, so that test results may pan a span along each rand es as Y be reviewed in a timel copy of the test results. timely manner. Grande shall promptly provide City with a 4.2 Grande will rov: p de City reasonable advance notice of the date and time of each Fiber Testing so the City shall have the opportunity to have the Fiber Testing a representative present to observe ARTICLE 5. TERM becomeseffective The grants of the City Fiber License and on the Effective Date the d Grande a Fiber License shall each thereafter. The period of the fiber licenses granted shall each extend for a granted herein is defined as the period ,ten (10) years (a) At the expiration or other termination oft granted herein shall each immediately terminate, A party's Associated Property, y rminate., Agreement, the fiber licenser p or any pan thereof, shall all rights of either party to use the other 5 2 If at any time City determines that, with respect have reached the end of their useful life (as that, determined t pect to any Fibers have re desires not end d to retain this Agreement City n Segment, the Gr), or City the Grande desire by notice to by City in its sole abandon use terminate Grande to Fibers Se case shall have the right to abandon the use - Grande. In the case of abandonment, term de a as to Segment. and City shall not be entitled to a refun Agreement any of shall refund of any of the GRANDE COMMUNICATIONS NETWORKS, INC' CONFIDENTIAL AND PROPRIETARY 1 5.3 It is understood and agreed entire Grande System Route subject to the agree to file their respective income tax reports for their respective Impositions on not to take any positions inconsistent there that Grande must and does maintain legal title to the Grande Fiber License granted hereunder. The parties returns, property tax returns, and other returns and such basis and, except as otherwise required by law, with. 5.4 The term of this Agreement shall extend for two additional periods of five 5 years each, by agreement of the Parties, not later than twelve (12) months preceding h) expiration of the Term (or the extended Term). g the ARTICLE 6. NETWORK ACCESS 6.1 (a) Grande shall provide City with access to the Grande Fibers by cable stub taken by Grande from the Grande System Route in the public right of way adjacent facilities identified on Exhibit A. adjacent to City (al) City shall provide Grande with access to the City Fibers by cable stub taken b City from the City System Route in the public right of way adjacent to Grande facilities identified on Exhibit Al. (b) if either party desires additional Connecting Points on the System Route of the other party, the parties will negotiate in good faith the terms and conditions for additional Connecting Points. All Connecting Points shall be placed at splice points. such (c) All connections to the Grande System Route shall be performed by Grande. in accordance with Grande's applicable specifications and operating rocedures. Cost of such connections will be borne by Grande. It is the responsibility p The governmental and other approvals and consents necessary for the delivery of the cable stub. all (cl) All connections to the City System Route shall be performed by City. T Cost of such connections will be borne by City Y Y he (d) In order tc schedule a Connection, each party shall request and coordinate such work with the other party not less than thirty (30) days in advance of the date the connection is requested to be completed. Neither Grande nor City shall have any limitations on the types of electronics or technologies employed to utilize its fibers, subject to applicable safety procedures and so long as such electronics or technologies do not interfere with the use of or present a risk of damage to any portion of the other party's system. ARTICLE MAINTENANCE AND REPAIR OF THE FIBER SYSTEM 1 Each Party shall be responsible for maintenance and repair of its own Fiber System. The parties agree to maintain their respective System Route in accordance wi maintenance requirements and procedures set forth in Exhibit D hereto. with the 4 GRANDE COMMUNICATIONS NETWORK , IN CONFIDENTIAL AND PROPRIETARY ?.2 If Grande determines that the fiber optic cable is technically or functionally obsolete and should be replaced on the Grande System Route or any Segment thereof, then Grande may, on not less than one hundred twenty (120) days' written notice to City, substitute for the Grande Fibers on the Grande System Route an equal number of alternative fibers along the same or an alternative route. provided that in any such event, such substitution (a) shall be without interruption of service and use by City; and (b) shall not adversely affect the use, operation or performance of City 's network or business or change any Connecting Points. In the event of a fiber substitution, Grande will use all commercially reasonable efforts to reconnect to the Grande System Route without interruption of service along the Grande System Route. -2A If City determines that the fiber optic cable is technically or functionally obsolete and should be replaced on the City System Route or any Segment thereof, then City may, on not less than one hundred twenty (1 20) days' written notice to Grande, substitute for the City Fibers on the City System Route an equal number of alternative fibers along the same or an alternative route; provided that in any such event, such substitution (a) shall be without interruption of service and use by Grande; and =;b) shall not adversely affect the use, operation or performance of Grande's network of business or change any Connecting Points. In the event of a fiber substitution, City will use all commercially reasonable efforts to reconnect to the City System Route without interruption of service along the City System Route. 3 in the event of a fiber substitution under Section 7.2, all costs of such substitution, including, without limitation, all disconnect and reconnect costs, fees and expenses, shall be shared by the parties in the following order and amounts (the "Allocable Shares "): i,ai First, if the affected portion of the Grande System Route includes any conduit other than the conduit housing the Grande Fibers, the total Costs shall be allocated equally among all of the affected conduits; and (b Second, the Costs related to the conduit carrying the Grande Fibers plus the Costs specifically related to the fibers within such conduit shall be allocated between City and Grande and other users based on the ratio to which the number of Grande Fibers bears to the total number of fibers in such conduit `.3A In the event of a fiber substitution under Section 7.2A, all costs of such substitution, including, without limitation, all disconnect and reconnect costs, fees and expenses, shall be shared by the parties in the following order and amounts (the "Allocable Shares "): t "ag First, if the affected portion of the City System Route includes any conduit other than the conduit housing the City Fibers, the total Costs shall be allocated equally among all of the affected conduits; and (b Second, the Costs related to the conduit carrying the City Fibers plus the Costs specifically related to the fibers within such conduit shall be allocated between City and GRANDE COMMUNICATIONS NETWORKS. NC CONFIDENTIAL AND PROPRIETARY Grande and other users `based on the ratio to which the number of City Fibers bears to the total number of fibers in such conduit. ARTICLE 8. GRANDE PERMITS; UNDERLYING RIGHTS; RELOCATION 8.1 Grande has obtained or will obtain certain rights of way for construction and operation of the Grande System Route (the "Grande Underlying Rights "). This Agreement is subject to the terms of the Grande Underlying Rights, and subject to the terms under which the right of way is owned or held by the grantor of the Grande Underlying Rights, including, but not limited to, covenants, conditions, restrictions, easements, reversionary interests, bonds, mortgages and indentures, and other matters, whether or not of record, and to the rights of tenants and licensees in possession. The rights and license granted to City hereunder are further subject and subordinate to the prior right of the grantor of the Grande Underlying Rights to use the right of way for other business activities, including railroad operations, telecommunications uses, pipeline operations or any other purposes, and to the prior right of Grande to use its rights granted under the Grande Underlying Rights. The rights and license granted herein are expressly made subject to each and every limitation, restriction or reservation affecting the Underlying Rights. Nothing herein shall be construed as to be a representation, warranty or covenant of Grande's right. title or interests with respect to the right of way or the Grande Underlying Rights. 8.2 On City' written request, Grande shall make available for inspection by City, at Grande's offices, copies of all information, documents, agreements, reports, permits, drawings and specifications that are material to the grant of the rights hereunder to City, including, without limitation, the Grande Underlying Rights, to the extent that their terms or other legal restrictions permit disclosure. Grande may redact confidential or proprietary business terms. 8.3 If during the Term, Grande undertakes a relocation of any part of the Grande System Route, including any of the facilities used or required in providing the rights hereunder, Grande shall proceed with such relocation, including, but not limited to, the right, in good faith, °o reasonably determine the extent of, the timing of, and methods to be used for such relocation; provided that (a) if the relocation is at Grande's discretion, Grande shall maintain the same endpoints of the Grande System Route; and (b) the relocation shall be conducted in accordance with the procedures set forth in Exhibit D. 8.4 Upon the expiration or other termination of an Grande Underlying Right that is necessary in order to grant, continue or maintain any rights granted hereunder in accordance with the terms and conditions hereof or any relocation of the Grande System Route, Grande shall use all reasonable efforts to obtain an alternate right of way. The parties shall share the costs of obtaining an alternate right of way and the costs of relocation according to their Allocable Shares. 8.5 Grande shall deliver to City updated As- Builts with respect to the relocated segment not later than ninety (90) days following the completion of such relocation. 6 GRANDE COMMGTIICATIONS NETWORKS INC. CONFIDENTIAL AND PROPRIETARY ARTICLE 8A. CITY PERMITS; UNDERLYING RIGHTS; RELOCATION 8A.1 City has obtained or will obtain certain rights of way for construction and operation of the City System Route (the "City Underlying Rights "). This Agreement is subject to the terms of the City Underlying Rights, and subject to the terms under which the right of way is owned or held by the grantor of the City Underlying Rights, including, but not limited to, covenants, conditions, restrictions, easements, reversionary interests, bonds, mortgages and indentures, and other matters, whether or not of record, and to the rights of tenants and licensees in possession_ The rights and license granted to Grande hereunder are further subject and subordinate to the prior right of the grantor of the City Underlying Rights to use the right of way for other business activities, including railroad operations, telecommunications uses, pipeline operations or any other purposes, and to the prior right of City to use its rights granted under the City 1.. nderlying Rights The nghts and license granted herein are expressly made subject to each and every limitation, restriction or reservation affecting the City Underlying Rights. Nothing herein shall be construed as to be a representation, warranty or covenant of City's right, title or interests with respect to the right of way or the City Underlying Rights. 8A.2 On Grande's written request, City shall make available for inspection by Grande, at City's offices, copies of all information, documents, agreements, reports, permits, drawings and specifications that are material to the grant of the rights hereunder to Grande, including, without limitation, the City Underlying Rights, to the extent that their terms or other legal restrictions permit disclosure. City may redact confidential or proprietary business terms. 8A.3 If during the Term, City undertakes a relocation of any part of the City System Route, including any of the facilities used or required in providing the rights hereunder, City shall proceed with such relocation, including, but not limited to, the right, in good faith, to reasonably determine the extent of, the timing of, and methods to be used for such relocation; provided that (a) if the relocation is at City's discretion, City shall maintain the same endpoints of the City System Route; and (b) the relocation shall be conducted in accordance with the procedures set forth in Exhibit D 8A.4 Upon the expiration or other termination of an City Underlying Right that is necessary in order to grant, continue or maintain any rights granted hereunder in accordance with the terms and conditions hereof or any relocation of the City System Route, City shall use all reasonable efforts to obtain an alternate right of way. The parties shall share the costs of obtaining an alternate nght of way and the costs of relocation according to their Allocable Shares. 8A.5 City shall deliver to Grande updated As- Builts with respect to the relocated segment not later than ninety (90) days following the completion of such relocation. ARTICLE 9. USE OF FIBER SYSTEM GRANDE COMMUNICATIONS NETWORKS. NC CONFIDENTIAL AND PROPRIETARY 9.1 Intentionally Deleted. 9.2 Each party represents. warrants and covenants that it will use the other party's Fibers and Associated Property in compliance with and subject to all applicable government codes, ordinances, laws, rules and regulations. 9.3 Subject to the limitations set forth in this Agreement, each party may use the Fibers and the Associated Property of the other party for any lawful purpose. City agrees and acknowledges that it has no right to use any of the fibers that are part of the Grande System, other than the Grande Fibers. Grande agrees and acknowledges that it has no right to use any of the fibers that are part of the City System, other than the City Fibers. Each party shall keep any and all of the other party's System, free from any liens, rights or claims of any third party. 9.4 Grande agrees and acknowledges that it has no right to use the Grande Fibers during the Term hereof. From and after the Effective Date, Grande shall keep the City's rights in the Grande Fibers and the Grande Associated Property granted hereunder, other than any Associated Property as to which Grande shall have provided to City a nondisturbance agreement, free from any liens, rights or claims of any third party attributable to Grande. Grande shall obtain from any entity in favor of which Grande in its discretion shall have granted after the Effective Date a security interest or lien on all or part of the Grande System Route a written nondisturbance agreement in which such lien holder acknowledges City's rights and interests in and to the Grande Fibers, the Grande Associated Property and the rights granted hereunder, and agrees that City shall not be diminished, disturbed, impaired or interfered with in any adverse respect by such lien holder. City agrees and acknowledges that it has no right to use the City Fibers during the Term hereof. From and after the Effective Date, City shall keep the Grande's rights in the City Fibers and the City Associated Property granted hereunder, other than any City Associated Property as to which City shall have provided to Grande a nondisturbance agreement, free from any liens, rights or claims of any third party attributable to City. City shall obtain from any entity in favor of which City in its discretion shall have granted after the Effective Date a security interest or lien on all or part of the City System Route a written nondisturbance agreement in which such lien holder acknowledges Grande's rights and interests in and to the City Fibers, the City Associated Property and the rights granted hereunder, and agrees that Grande shall not be diminished, disturbed, impaired or interfered with in any adverse respect by such lien holder. 9.5 Each party shall promptly notify each other of any matters pertaining to, or the occurrence (or impending occurrence) of, any event which would be reasonably likely to give rise to any damage or impending damage to or loss of the other party's System that are known to such reporting party. 9.6 Neither party shall use its System in a way that interferes in any way with or adversely affects the use of the fibers or cable of any other person using the other party's System The parties acknowledge that each party's System may include other participants. 8 GRANDE COMMUNICATIONS NETW( 3RKS, INC. CONFIDENTIAL AND PROPRIETARY s4? The parties agree to cooperate with and support the other in complying with any requirements applicable to their ~espective rights and obligations hereunder. ARTICLE 10 INDEMNIFICATION AND LIMITATION OF LIABILITY 0.1 Subject to the provisions of Section 11.5, Grande hereby releases and agrees to indemnify, defend, protect and hold harmless City, its Affiliates, and its and their employees, officers. directors, agents, contractors, and shareholders ( "Indemnified Persons "), from and against any third party claims. suits, proceedings and actions ( "Claims ") for: (a) Any injury, death, loss or damage to any person, tangible property or facilities of any person or entity (including reasonable attorney fees and costs at trial and appeal) to the extent arising out of or resulting from the negligence or willful misconduct of Grande, its officers, employees, servants, agents or contractors in connection with its performance under this Agreement; and (b) Any liabilities or damages (including reasonable attorneys fees and costs at trial and appeal) arising out of any violation by Grande of regulations, rules, statutes or court orders of any local, state or federal governmental agency, court or body in connection with its performance under this .Agreement. 10.2 Nothing contained herein shall operate as a limitation on the right of either User or Grande to bring an action for damages against any third party, including indirect, special, or coisequential damages, based on any acts or omissions of such third party as such acts or omissions may affect the construction, operation or use of the User Fibers or the System Route or any portion thereof; provided, however, the above limitation of liability shall apply to indirect liability including Claims against third parties who, directly or through one or more other parties, have a right of indemnification, impleader, cross- claim, contribution or other right of recovery against a Party to this Agreement. Each of User and Grande shall assign such rights or claims, execute such documents and do whatever else may be reasonably necessary to enable the other to pursue any such action against such third party 0.3 Notwithstanding any provision of this Agreement to the contrary, NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL, INCIDENTAL OR INDIRECT LOSSES OR DAMAGES AS A RESULT OF THE PERFORMANCE OR NONPERFORMANCE OF ITS OBLIGATIONS UNDER THIS AGREEMENT, OR ITS ACTS OR OMISSIONS RELATED TO THIS AGREEMENT, WHETHER OR NOT ARISING FROM SOLE, JOINT OR CONCURRENT NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE. THE ABOVE LIMITATION OF LIABILITY SHALL APPLY TO INDIRECT LIABILITY INVOLVING SUITS BROUGHT AGAINST THIRD PARTIES WHO, DIRECTLY OR THROUGH ONE OR MORE OTHER PARTIES, HAVE A RIGHT OF INDEMNIFICATION, IMPLEADER, CROSS- CLAIM, CONTRIBUTION, OR OTHER RIGHT OF RECOVERY AGAINST A PARTY TO THIS AGREEMENT (e.g., if an 9 GRANDE COMMUNICATIONS NETWORKS INC CONFIDENTIAL AND PROPRIETARY affiliate of Party A sues Party B's contractor under circumstances in which the contractor has a right of indemnity against Party B). ARTICLE 11. INSURANCE 1 '..1 At all times during the Term each party shall procure and maintain in force, at its own expense: (a) not less than $2,000,000 combined single limit liability insurance, on an occurrence basis, for personal injury and property damage, including, without limitation, injury or damage arising from the operation of vehicles or equipment and liability for completed operations; (b) workers' compensation insurance in amounts required by applicable law and employers' liability insurance with a limit of at least $1,000,000 per occurrence; (c) automobile liability insurance covering death or injury to any person or persons, or damage to property arising from the operation of vehicles or equipment, with limits of not less than $2,000,000 per occurrence; and (d) any other insurance coverages specifically required of such party pursuant to Grande's right -of -way agreements with railroads or other third parties. 11.2 Both parties expressly acknowledge that a party shall be deemed to be in compliance with the provisions of this Article if it maintains a self - insurance program providing for a retention of up to $2,000,000. If either party provides any of the foregoing coverages on a ctaims -made basis, such policy or policies shall be for at least a three -year extended reporting or discovery' period. Unless otherwise agreed, User's and Grande's insurance policies shall be obtained and maintained with companies rated "A" or better by Best's Key Rating Guide and each party shall provide the other with an insurance certificate confirming compliance with this requirement for each policy providing such required coverage. 11.3 If either party fails to obtain the required insurance or fails to obtain the required certificates from any contractor and a claim is made or suffered, such party shall indemnify and hold harmless the other party from any and all claims for which the required insurance would have provided coverage. Further. in the event of any such failure which continues after seven (7) days' written notice thereof by the other party, such other party may, but shall not be obligated to, obtain such insurance and will have the right to be reimbursed for the cost of such insurance by the party failing to obtain such insurance. 11.4 In the event coverage is denied or reimbursement of a properly presented claim is disputed by the carrier for insurance provided above, the party carrying such coverage shall make good -faith efforts to pursue such claim with its carrier. 11.5 City and Grande hereby mutually waive their respective rights of recovery against 10 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY each other and the officers, directors, shareholders, partners, joint venturers, employees, agents, customers, invitees, or business visitors of either party, for any loss arising from any cause covered or that would he covered by fire, extended coverage, All Risks or other insurance required to be carried under this Agreement or now or hereafter existing for the benefit of the respective party. City and Grande will cause from time to time their respective insurers to issue appropriate waiver of subrogation rights endorsements to all property insurance policies carried m connection with their respective property. ARTICLE 12. TAXES, FEES AND OTHER GOVERNMENTAL IMPOSITIONS 12.1 City is not responsible for payment of any taxes for City's use of any part of Grande System. ARTICLE 13. NOTICES All notices and other communications required or permitted under this Agreement shall be in writing and shall be given by United States first class mail, postage prepaid, registered or certified, return receipt requested, or by hand delivery (including by means of a professional messenger service or overnight mail) addressed as follows: All notices and other communications shall be given to Grande at: Grande Communications Networks, Inc. 401 Carson Circle San Marcos, TX 78666 Attn: President With a copy to: Grande Communications Networks, Inc. 401 Carson Circle San Marcos, TX 78666 Attn: General Counsel All notices and other communications shall be given to User at: City of Corpus Christi 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Manager With a copy to. City of Corpus Christi 11 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY 1201 Leopard Street Corpus Christi, Texas 78401 Attention: City Attorney Any such notice or other communication shall be deemed to be effective when actually received or refused. Either party may by similar notice given change the address to which future notices or other communications shall be sent. ARTICLE 14. CONFIDENTIALITY 14.1 As used herein, "Confidential Information" shall mean this Agreement and all materials, maps, and other documents that are marked confidential and disclosed by one party to the other in fulfilling the provisions and intent of this Agreement, as well as confidential or proprietary information that is orally disclosed, provided that, for information that is orally disclosed, the disclosing party indicates to recipient at the time of disclosure the confidential or proprietary nature of the information and confirms in writing to the recipient within 30 days after such disclosure that such information is confidential. Each party agrees to hold the Confidential Information of the other party in confidence. Neither party shall divulge or otherwise disclose the provisions of this Agreement to any third party without the prior written consent of the other party, except that either party may make disclosure to those required for the implementation of this Agreement, and to customers and prospective customers, purchasers and prospective purchasers, auditors, attorneys, financial advisors, lenders and prospective lenders, investors and prospective investors, provided that in each case the recipient agrees in writing to be bound by the confidentiality provisions set forth in this section. In addition, either party may make disclosure as required by a court order or as otherwise required by law or in any legal or arbitration proceeding relating to this Agreement. If either party is required by law or by interrogatories, requests for information or documents, subpoena, civil investigative demand or similar process to disclose the provisions of this Agreement or the design information referred to in this Section, it will provide the other party with prompt written notice of such request or requirement so that such party may seek an appropriate protective order and/or waive compliance with this Section. The party whose consent to disclose information is requested shall respond to such request, in writing, within five (5) working days of the request by either authorizing the disclosure or advising of its election to seek a protective order, or if such party fails to respond within the prescribed period the disclosure shall be deemed approved. (a) Nothing herein shall be construed as granting any right or license under any copyrights, inventions, or patents now or hereafter owned or controlled by Grande. {b i Upon termination of this Agreement for any reason or upon request of Grande, City shall return all Confidential Information, together with any copies of same, to Grande. The requirements of confidentiality set forth herein shall survive return of such Confidential Information. (c) City shall not, without first obtaining written consent of Grande, use any trademark or trade name of Grande or refer to the subject matter of this Agreement or Grande in 12 GRANDE COMMUNICATIONS NETWORKS. INC CONFIDENTIAL AND PROPRIETARY any promotional activity or otherwise, nor disclose to others any specific information about the subject matter of this Agreement 14.2 The provisions of this Article are subject to the Texas Public Information Act. If City receives a request for any of Grande's Confidential Information, City shall notify Grande of the request, so that Grande may present its written arguments to the Texas Attorney General. The City shall release Grande's Confidential Information if directed to do so by the Texas Attorney General. 1 4.3 The provisions of this Article shall survive expiration or other termination of this Agreement. ARTICLE 15. DEFAULT 15.1 A default shall be deemed to have occurred under this Agreement if: (a) in the case of a failure to pay any amount when due under this Agreement, a party fails to pay such amount within ten (10) days after receipt of notice specifying such breach, or (b) in the case of any other material breach of this Agreement, a party fails to cure such within thirty (30) days after receipt of notice specifying such breach, provided that if the breach is of a nature that cannot be cured within thirty (30) days, a default shall not have occurred so long as the breaching party has commenced to cure within said time period and thereafter diligently pursues such cure to completion. 15.2 The foregoing notwithstanding, if the default consists of a failure to pay any part of the License Fee, nonpaying party shall forfeit its license and its rights in the other party's Fibers, and non - defaulting party may terminate any and all of its obligations under this Agreement and apply any and all amounts previously paid by defaulting party hereunder toward the payment of any other amounts then or thereafter payable by defaulting party hereunder. In the event of any other default hereunder, the non - defaulting party may avail itself of one or more of the following remedies: (a) take such action as it determines, in its sole discretion, to correct the default; and (b) pursue any legal remedies it may have under applicable law or principles of equity, including specific performance. 15.3 A waiver by either party at any time of any of its rights as to anything herein contained shall not be deemed to be a waiver of any breach of covenant or other matter subsequently occurring. ARTICLE 16. TERMINATION This Agreement shall automatically terminate on the expiration of the Term or earlier as provided in this Agreement. Upon the expiration of the Term or other termination of this 13 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY Agreement for default, the defaulting party shall immediately terminate and all rights to use the non - defaulting party's System Route and the Associated Property, shall cease, all rights to use of the System Route shall revert to non - defaulting party, and the non - defaulting party shall owe defaulting party no further duties or consideration. Upon termination at expiration of the Term, each party shall promptly remove all of its electronics, equipment, and other property from the other party's System Route and facilities at its sole cost and under other party's supervision. "germination of this Agreement shall not affect the rights or obligations of either party that have arisen before the date of termination or expiration. ARTICLE 17. FORCE MAJEURE Neither party shall be liable to the other party, and each party's performance under this Agreement shall be excused, if and to the extent that any failure or delay in such party's performance of one or more of its obligations hereunder is caused by any of the following conditions, and such party's performance of such obligation or obligations shall be excused and extended for and during the period of any such delay: act of God; fire; flood; fiber, Cable, or other material failures, shortages or unavailability or other delay in delivery not resulting from the responsible party's failure to timely place orders therefor; lack of or delay in transportation; government codes, ordinances, laws, rules, regulations or restrictions (collectively, "Regulations "); war or civil disorder; strikes or other labor disputes; failure of a third party to grant or recognize an Underlying Right (provided that party seeking an Underlying Right has made timely and reasonable commercial efforts to obtain the same); inability of either party to obtain track time or access to their System; or any other cause beyond the reasonable control of such party. The party claiming relief under this Article shall notify the other in writing of the existence of the event relied on and the cessation or termination of said event, and the party claiming relief shall exercise reasonable commercial efforts to minimize the time of any such delay ARTICLE 18. INTENTIONALLY DELETED ARTICLE 19. ASSIGNMENT AND USER FIBER TRANSFERS Neither Party shall have the right to assign or otherwise transfer this Agreement without the prior written consent of the other Party, which shall not be unreasonably withheld. ARTICLE 20. REPRESENTATIONS, WARRANTIES AND ACKNOWLEDGMENTS 20.1 Each party represents and warrants that: (a) it has the full right and authority to enter into, execute, deliver and perform its obligations under this Agreement; 14 GRANDE COMMUNICATIONS NETWORKS. NC. CONFIDENTIAL AND PROPRIETARY (b) this Agreement constitutes a legal, valid and binding obligation enforceable against such party in accordance with its terms, subject to bankruptcy, insolvency, creditors rights and general equitable principles; and (c) its execution of and performance under this Agreement shall not violate any applicable existing regulations, rules, statutes or court orders of any local, state or federal government agency, court or body. 20.2 Each party represents and warrants to other party that: (a) Each party has obtained or will obtain all permits and other governmental approvals required for the installation of the System Route. (b) In its ownership, operation and maintenance of the Grande System, Grande will comply with all applicable local, municipal, state or federal laws, orders and regulations. 20.3 EXCEPT AS SPECIFICALLY SET FORTH IN THIS AGREEMENT, GRANDE MAKES NO WARRANTY, EXPRESS OR IMPLIED, WITH RESPECT TO THE USER FIBERS, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, AND ALL SUCH WARRANTIES ARE HEREBY EXPRESSLY DISCLAIMED. IN ADDITION, GRANDE MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY TYPE CONCERNING THE INTEGRITY OR PERFORMANCE OF THE MATERIALS FURNISHED OR DESIGNATED BY USER. ARTICLE 21. GENERAL 21.1 Binding Effect. This Agreement and each of the parties' respective rights and obligations under this Agreement, shall be binding on and shall inure to the benefit of the parties hereto and each of their respective permitted successors and assigns. 21.2 Waiver. The failure of either party hereto to enforce any of the provisions of this Agreement, or the waiver thereof in any instance, shall not be construed as a general waiver or relinquishment on its part of any such provision, but the same shall nevertheless be and remain in full force and effect. 21.3 Governing Law. This Agreement shall be governed by and construed in accordance with the domestic laws of the State of Texas, without reference to its choice of law principles. 21.4 Rules of Construction. The captions or headings in this Agreement are strictly for convenience and shall not be considered in interpreting this Agreement or as amplifying or limiting any of its content. Words in this Agreement which import the singular connotation shall I5 GRANDE COMMUNICATIONS NETWORKS. INC. CONFIDENTIAL AND PROPRIETARY be interpreted as plural, and words which import the plural connotation shall be interpreted as singular, as the identity of the parties or objects referred to may require. (a) Unless expressly defined herein, words having well known technical or trade meanings shall be so construed. All listing of items shall not be taken to be exclusive, but shall include other items, whether similar or dissimilar to those listed, as the context reasonably requires. (b) Except as set forth to the contrary herein, any right or remedy of User or Grande shall be cumulative and without prejudice to any other right or remedy, whether contained herein or not. (c) Nothing in this Agreement is intended to provide any legal rights to anyone not an executing party of this Agreement. (d) This Agreement has been fully negotiated between and jointly drafted by the parties. (e) All actions. activities, consents, approvals and other undertakings of the parties in this Agreement shall be performed in a reasonable and timely manner, it being expressly acknowledged and understood that time is of the essence in the performance of obligations required to be performed by a date expressly specified herein. Except as specifically set forth herein, for the purpose of this Agreement the standards and practices of performance within the telecommunications industry in the relevant market shall be the measure of a party's performance. 21.5 Entire Agreement. This Agreement, together with any Confidentiality Agreement entered into in connection herewith, constitutes the entire and final agreement and understanding between the parties with respect to the subject matter hereof and supersedes all prior agreements relating to the subject matter hereof, which are of no further force or effect. The Exhibits referred to herein are integral parts hereof and are hereby made a part of this Agreement. To the extent that any of the provisions of any Exhibit hereto are inconsistent with the express terms of this Agreement, the terms of this Agreement shall prevail. This Agreement may only be modified or amended by an instrument in writing executed by each party and delivered to the party relying on the writing. 21.6 No Personal Liability. Each action or claim against any party arising under or relating to this Agreement shall be made only against such party as a corporation, and any liability relating thereto shall be enforceable only against the corporate assets of such party. No party shall seek to pierce the corporate veil or otherwise seek to impose any liability relating to, or arising from, this Agreement against any shareholder, employee, officer or director of the other party. Notwithstanding anything in this Agreement to the contrary, each of such persons is an intended beneficiary of the mutual promises set forth in this Article and shall be entitled to enforce the obligations of this Article 6 (5RANDE COMMUNICATIONS NETWORKS, NC. CONFIDENTIAL AND PROPRIETARY 21.7 Relationship of the Parties. The relationship between the parties shall not be that of partners, agents, or joint venturers for one another, and nothing contained in this Agreement shall be deemed to constitute a partnership or agency agreement between them for any purposes, including, but not limited to federal income tax purposes. The parties, in performing any of their obligations hereunder, shall be independent contractors or independent parties and shall discharge their contractual obligations at their own risk subject, however, to the terms and conditions hereof 21.8 Severability. If any term, covenant or condition contained herein is, to any extent, held invalid or unenforceable in any respect under the laws goveming this Agreement, the remainder of this Agreement shall not be affected thereby, and each term, covenant or condition of this Agreement shall he valid and enforceable to the fullest extent permitted by law. 21.9 Counterparts. This Agreement may be executed in one or more counterparts, all of which taken together shall constitute one and the same instrument. In confirmation of their consent and agreement to the terms and conditions contained in this Agreement and intending to be legally bound hereby, the parties have executed this Agreement as of the date first above written. GRANDE: Grande Communications Networks, Inc. By: Name: Title: Date: CFo Z1Z,c/Zoo7 CITY: City of Corpus Christi By: Name: Title: Date: 17 GRANDE COMMUNICATIONS NETWORKS, INC CONFIDENTIAL AND PROPRIETARY GLOSSARY OF TERMS The following terms shall have the stated definitions in this Agreement. "Allocable Shares`' is defined in section 7.3. "As- Builts" is defined in section 5.01. "Cable" means the fiber optic cable and the fibers contained therein, and associated splicing connections, splice boxes, and vaults to be installed by GRANDE as part of the Grande System. "Costs" means all actual, direct costs paid or payable in accordance with the established accounting procedures generally used by Grande and which it utilizes in billing third parties for reimbursable projects which costs shall include, without limitation, the following: (i) internal labor costs, including wages and salaries, and benefits, and (ii) other direct costs and out -of- pocket expenses on a pass- through basis (e.g., equipment, materials, supplies, contract services, etc.). "Effective Date" is defined in the introductory paragraph to this Agreement. "Planned System Work Period" or "PSWP" means a prearranged period of time reserved for performing certain work on the GRANDE System that may potentially impact traffic. Generally, this ill be restricted to weekends, avoiding the first and last weekend of each month and high - traffic weekends The PSWP shall be agreed upon pursuant to Exhibit D. "Grande System" shall have the meaning ascribed thereto in Exhibit A. "City System" shall have the meaning ascribed thereto in Exhibit Al. "Segment" shall mean a pair described in Exhibit A or Exhibit A-1. "Underlying Rights" is defined in Section 9.1. [ "Best efforts "] [ "reasonable commercial efforts "], when used herein in connection with a covenant of a party to this Agreement, shall not obligate such party, unless otherwise specifically required by the operative covenant, to make unreimbursed expenditures (other than costs or expenditures that would have been required of such party in the absence of the requirements of such covenant) that are material in amount. in light of the circumstances to which the requirement to use best efforts applies 18 GRANDE COMMUNICATIONS NETWORKS, C. CONFIDENTIAL AND PROPRIETARY EXHIBIT A TO RECIPROCAL FIBER LICENSE AGREEMENT GRANDE SYSTEM ROUTE Grande will provide four dark fibers (except as noted), from the City Service Center to the public ROW adjacent to the following city facilities: 1 2300 Rodd Field (F- ) 2. 5805 Williams ( Clinic ) 3. 5901 S. Staples ( F -14 ) 4. Yorktown & Staples ( S.0 5. Cedar Pass & Everhart S.0 6. 6713 Weber (F- 6 ) 7 3202 Cabins Prkw. (Natatorium ) 8. Alameda & Ocean ( S.C. ) 9. 5601 S. Alameda ( Oso Golf Course ) 10. 910 Airline (F -11 ) 11. 1025 Carmel Prkw. S.C.) *(8 fibers ) 12. 4639 Kostoryz ( F- ii ) 13. 3722 S. Staples ( F- 1 ) 14. 4225 S. Port ( Gas Department ) 15. Gollihar & Weber 16. Saratoga & Weber 17. Saratoga & Everhardt 18. Saratoga & Staples 19. Saratoga & Cimarron 20. Saratoga & Airline 21 Saratoga & Rodd Field 22 Service Center to Saratoga & Rodd Field * *(2 fibers) Grande will provide 30 dark fibers from the City Service Center to the intersection of Sacky Drive and Richter Street, and 36 dark fibers on Saratoga from Weber Road to Rodd Field. 19 GRANDE COMMI.JNICATIONS NETWORKS. INC. CONFIDENTIAL AND PROPRIETARY EXHIBIT Al TO RECIPROCAL FIBER LICENSE AGREEMENT CITY SYSTEM ROUTE The City will provide two dark fibers from the existing fiber interconnect at the intersection of Ayers and Holly to the following facilities: 1 1201 Leopard (City Hall) 2 KZTV, 30 I Artesian St 3 Del Mar East, 3209 S Staples 4 KEDT, 4455 S. Padre Island Dr., Suite 38 20 GRANDE COMMUNICATIONS NETWORKS. INC. CONFIDENTIAL AND PROPRIETARY EXHIBIT B TO RECIPROCAL FIBER LICENSE AGREEMENT Fiber Cable Splicing, Testing and Acceptance Procedures All splices will be performed with an industry- accepted fusion splicing machine. Testing will be documented on diskettes in Laser Precision format and on trace analysis sheets reflecting bi- directional losses by fiber and installed span loss by fiber. One copy of trace diskettes and one cope of trace analyses sheets will be submitted. All testing will be performed at 1550 nm. During initial uni- directional OTDR testing, a general indicator of the quality of each splice will be an objective loss of 0.10 dB or less. If, after three attempts, Grande is not able to produce a loss value of less than 0.10 dB, then 0.20 dB will become the objective. If, after two additional attempts, a value of less than 0.20 is not achievable, then the splice will be marked as -Out—of -Spec" (OOS) on a field data sheet. The parties recognize that uni- directional OTDR test data is not an acceptance /rejection criterion. The installed span loss (span shall be FDP to FDP) shall be a bi- directional average of (120 dB /km or less, as calculated using an industry- accepted optical loss test set at 1550 nm. The installed span loss includes the inherent attenuation of the glass, the backbone splice losses, the pigtail splice losses, the inherent loss in the pigtails, and the connector losses. 4. Optical Return Loss (ORL) will be recorded on the testing documentation, for information only. 5 The entire fiber optic cable system shall be properly protected from foreign voltage and grounded with an industry- accepted system. The current systems in use by Grande are the ACT 4400 -150 and the Norscan 2745 SGL. 6 The fibers shall be terminated to the FDP with Ultra FC -PC connectors, unless another type of connector is specified. 21 GRANDE COMMUNICATIONS NETWORKS, INC. CONFIDENTIAL AND PROPRIETARY EXHIBIT C TO RECIPROCAL FIBER LICENSE AGREEMENT Connecting Points 1 Delivery dates will be individually determined jointly by Grande and City but in no instance shall be less than 30 days for a splice point or 90 days for a shared manhole or handhole. On phase completion, both timelines will be based on accessing existing Grande splice points and cooperation from any and all third party or governmental entities that may require oversight. All times will be measured from the date City provides to Grande detailed connection plans for a specific connecting point. Timelines are based on City obtaining permits, licenses and cooperation from any and all third party or governmental entities that may require oversight to City's access to the splice points, and City shall bear all costs associated therewith. Grande's sole responsibility shall be the splicing of City's cable to the City Fibers or constructing the handhole. 2 Pricing for connections is as follows: Grande will provide all fiber for the Grande System Route and the City shall provide the labor and other materials necessary to establish the connections to the adjacent City facilities. City shall provide all fiber for the City System Route and the labor and other materials necessary to establish the connections to the adjacent Grande facilities. )2 GRANDE COMMUNICATION S NETWORKS, INC, CONFIDENTIAL AND PROPRIETARY EXHIBIT D TO RECIPROCAL FIBER LICENSE AGREEMENT Grande System Maintenance Specifications and Procedures Any party responsible for providing maintenance of the Grande System hereunder shall be referred to herein as the "Service Provider." The Party receiving maintenance services from the Service Provider hereunder shall be referred to herein as the "Service Recipient ". All other capitalized terms not otherwise defined herein shall have their respective meanings as set forth in the IRU Supplement of which this Exhibit forms a part. Maintenance. (a) Scheduled Maintenance. Routine maintenance and repair of the Grande System described in this section ( "Scheduled Maintenance ") shall be performed by or under the direction of Service Provider, at Service Provider's reasonable discretion or at Service Recipient's request. Scheduled Maintenance shall commence with respect to each Segment upon the effective date of the grant of the IRU therein, as provided in the IRU Supplement. Scheduled Maintenance shall include the following activities: (i) Patrol of Grande System route on a regularly scheduled basis, which wi 11 be weekly unless hyrail access is necessary, in which case, it will be quarterly; (ii) Maintenance of a "Call- Before - You -Dig" program and all required and related cable locates. (b) Unscheduled Maintenance. Non - routine maintenance and repair of the Grande System which is not included as Scheduled Maintenance ( "Unscheduled Maintenance "), shall be performed by or under the direction of Service Provider. Unscheduled Maintenance shall commence with respect to each Segment upon the effective date of the grant of the IRU therein, as provided in the IRU Supplement. Unscheduled Maintenance shall consist of: (i "Emergency Unscheduled Maintenance" in response to an alarm identification by Service Provider's Operations Center, notification by Service Recipient or notification by any third party of any failure, interruption or impairment in the operation of the Grande System, or any event imminently likely to cause the failure, interruption or impairment in the operation of the Grande System. (it) "Non- Emergency Unscheduled Maintenance" in response to any potential service- affecting situation to prevent any failure, interruption or impairment in the operation of the Grande System. Service Recipient shall immediately report the need for Unscheduled Maintenance to Service Provider in accordance with procedures promulgated by Service Provider from time to time. Service Provider will log the time of Service Recipient's report, verify the problem and 23 GRANDE COMMUNICATIONS NETWORKS.. INC. CONFIDENTIAL AND PROPRIETARY dispatch personnel immediately to take corrective action. Operations Center Service Provider shall operate and maintain an Operations Center ( "OC ") staffed twenty -four (24) hours a day, seven (7) days a week by trained and qualified personnel. Service Provider's maintenance employees shall be available for dispatch twenty -four (24) hours a day, seven (7) days a week. Service Provider shall have its first maintenance employee at the site requiring Emergency Unscheduled Maintenance activity within two (2) hours after the time Service Provider becomes aware of an event requiring Emergency Unscheduled Maintenance, unless delayed by circumstances beyond the reasonable control of Service Provider. Service Provider shall maintain a toll -free telephone number to contact personnel at the OC. Service Provider's OC personnel shall dispatch maintenance and repair personnel along the system to handle and repair problems detected in the Grande System, (i) through the Service Recipient's remote surveillance equipment and upon notification by Service Recipient to Service Provider, or ii) upon notification by a third party Cooperation and Coordination. (a) Service Recipient shall utilize an Operations Escalation List, as updated from time to time, to report and seek immediate initial redress of exceptions noted in the performance of Service Provider in meeting maintenance service objectives. (b) Service Recipient will, as necessary, arrange for unescorted access for Service Provider to all sites of the Grande System, subject to applicable contractual, underlying real property and other third -party limitations and restrictions. (c) In performing its services hereunder, Service Provider shall take workmanlike care to prevent impairment to the signal continuity and performance of the Grande System. The precautions to be taken by Service Provider shall include notifications to Service Recipient. In addition, Service Provider shall reasonably cooperate with Service Recipient in sharing information and analyzing the disturbances regarding the cable and/or fibers. In the event that any Scheduled or Unscheduled Maintenance hereunder requires a traffic roll or reconfiguration involving cable, fiber, electronic equipment, or regeneration or other facilities of the Service Recipient, then Service Recipient shall, at Service Provider's reasonable request, make such personnel of Service Recipient available as may be necessary in order to accomplish such maintenance, which personnel shall coordinate and cooperate with Service Provider in performing such maintenance as required of Service Provider hereunder. (d) Service Provider shall notify Service Recipient at least ten (10) business days prior to the date in connection with any PSWP of any Scheduled Maintenance and as soon as possible after becoming aware of the need for Unscheduled Maintenance. Service Recipient shall have the right to be present during the performance of any Scheduled Maintenance or Unscheduled Maintenance so long as this requirement does not interfere with Service Provider's ability to perform its obligations under this Supplement. In the event that Scheduled Maintenance is canceled or delayed for whatever reason as previously notified, Service Provider 24 =:3RANDE COMMUNICATIONS NETWORKS, [NC CONFIDENTIAL AND PROPRIETARY shall notify Service Recipient at Service Provider's earliest opportunity, and will comply with the provisions of the previous sentence to reschedule any delayed activity. 4 Facilities. (a) Service Provider shall maintain the Grande System in a manner which will permit Service Recipient's use, in accordance with the terms and conditions of the Reciprocal Fiber License Agreement, the User Fibers and the Associated Property required to be provided under the terms of the Reciprocal Fiber License Agreement. (b) Except to the extent otherwise expressly provided in the Reciprocal Fiber License Agreement, Service Recipient will be solely responsible for providing and paying for any and all maintenance of all electronic, optronic and other equipment, materials and facilities used by Service Recipient in connection with the operation of the Dark Fibers, none of which is included in the maintenance services to be provided hereunder. Cable /Fibers. (a) Service Provider shall perform appropriate Scheduled Maintenance on the Cable contained in the Grande System in accordance with Service Provider's then current preventative maintenance procedures as agreed to by Service Recipient, which shall not substantially deviate from standard industry practice. (b) Service Provider shall have qualified representatives on site any time Service Provider has reasonable advance knowledge that another person or entity is engaging in construction activities or otherwise digging within five (5) feet of the Cable. (c) Service Provider shall maintain sufficient capability to teleconference with Service Recipient during an Emergency Unscheduled Maintenance in order to provide regular communications during the repair process. When correcting or repairing Cable discontinuity or damage, including but not limited to in the event of Emergency Unscheduled Maintenance, Service Provider shall use reasonable efforts to repair traffic- affecting discontinuity within four 4) hours after the Service Provider maintenance employee's arrival at the problem site. In order to accomplish such objective, it is acknowledged that the repairs so effected may be temporary in nature. In such event, within twenty -four (24) hours after completion of any such Emergency Unscheduled Maintenance, Service Provider shall commence its planning for permanent repair, and thereafter promptly shall notify Service Recipient of such plans, and shall implement such permanent repair within an appropriate time thereafter. Restoration of open fibers on fiber strands not immediately required for service shall be completed on a mutually agreed -upon schedule. If the fiber is required for immediate service, the repair shall be scheduled for the next available Planned Service Work Period (PSWP). (d) In performing repairs, Service Provider shall comply with the splicing specifications as set forth in Exhibit B. Service Provider shall provide to Service Recipient any modifications to these specifications as may be necessary or appropriate in any particular instance for Service Recipient's approval, which approval shall not be unreasonably withheld. 25 GRANDE COMMUNICATIONS NETWORKS. INC. CONFIDENTIAL AND PROPRIETARY (e) Service Provider's representatives that are responsible for initial restoration of a cut Cable shall carry on their vehicles the typically appropriate equipment that would enable a temporary splice, with the objective of restoring operating capability in as little time as possible. Service Provider shall maintain and supply an inventory of spare Cable in storage facilities supplied and maintained by Service Provider at strategic locations to facilitate timely restoration. 6 Planned Service Work Period (PSWP). Scheduled Maintenance which is reasonably expected to produce any signal discontinuity must be coordinated between the parties. Generally, this work should be scheduled after midnight and before 6:00 a.m. local time. Major system work, such as fiber rolls and hot cuts, will be scheduled for PSWP weekends. A calendar showing approved PSWP will be agreed upon in the last quarter of every year for the year to come. The intent is to avoid jeopardy work on the first and last weekends of the month and high - traffic holidays. Restoration. (a) Service Provider shall respond to any interruption of service or a failure of the Dark Fibers to operate (in any event, an "Outage ") as quickly as possible (allowing for delays caused by circumstances beyond the reasonable control of Service Provider) in accordance with the procedures set forth herein. (b) When restoring a cut Cable in the Grande System, the parties agree to work together to restore all traffic as quickly as possible. Service Provider, promptly upon arriving on the site of the cut, shall determine the course of action to be taken to restore the Cable and shall begin restoration efforts. Service Provider shall splice fibers tube by tube or ribbon by ribbon or fiber bundle by fiber bundle, rotating between tubes or ribbons operated by the separate Interest Holders (as defined in paragraph 9(a)), including Service Recipient, in accordance with the fallowing described priority and rotation mechanics; provided that, lit fibers in all buffer tubes or ribbons or fiber bundles shall have priority over any dark fibers in order to allow transmission systems to come back on line; and provided further that, Service Provider will continue such restoration efforts until all lit fibers in all buffer tubes or ribbons are spliced and all traffic restored. In general, priority among Interest Holders affected by a cut shall be determined on a rotating restoration -by- restoration and Segment -by- Segment basis, to provide fair and equitable restoration priority to all Interest Holders, subject only to such restoration priority to which Grande is contractually obligated prior to the date of the Supplement. Service Provider shall use all reasonable efforts to implement a Grande System -wide rotation mechanism on a Segment -by- Segment basis so that the initial rotation order of the Interest Holders in each Segment is varied (from earlier to later in the order), such that as restorations occur, each Interest Holder has approximately equivalent rotation order positions across the Grande System. Additional participants in the Grande System that become Interest Holders after the date hereof shall be added to the restoration rotation mechanism. (c) The goal of emergency restoration splicing shall be to restore service as 26 +.,RANDS COMMUNICATIONS NETWORKS. INC. CONFIDENTIAL AND PROPRIETARY quickly as possible. This may require the use of some type of mechanical splice, such as the `-3M Fiber Lock" to complete the temporary restoration. Permanent restorations will take place as soon as possible after the temporary splice is complete. 8, Subcontracting. Service Provider may subcontract any of the maintenance services hereunder; provided that Service Provider shall require the subcontractor(s) to perform in accordance with the requirement and procedures set forth herein. The use of any such subcontractor shall not relieve Service Provider of any of its obligations hereunder. Fees and Costs. (a) Unscheduled Maintenance Fees. For any Unscheduled Maintenance, the Costs thereof shall be allocated among the various Interest Holders in the conduit, cable an/or fibers affected thereby as follows: (i) Costs of Unscheduled Maintenance solely to or affecting a conduit or cable which houses fibers of a single Interest Holder shall be borne 100% by such Interest Holder; (ii) Costs of Unscheduled Maintenance to or affecting a conduit which houses multiple innerduct conduits, not including such Costs attributable to the repair or replacement of fiber therein, shall be borne proportionately by the Interest Holds in each of the affected innerduct conduits based on the ratio that such affected conduit bears to the total number of affected innerduct conduits, and (iii) Costs of Unscheduled Maintenance attributable to the repair or replacement of fiber, including the acquisition, installation, inspection, testing and splicing thereof, shall be borne proportionately by the Interest Holders in the affected fiber, based on the ratio that the number of affected fibers subject to the interest of each such Interest Holder bears to the total number of affected fibers. All such Costs which are allocated to Service Recipient pursuant to the foregoing provisions shall be the responsibility of and paid by Service Recipient within thirty (30) days after its receipt from Service Provider of an invoice therefor. (b) Costs. "Costs" means the actual, direct costs paid or payable in accordance with the established accounting procedures generally used by each party, as the case may be, and which it utilizes in billing third parties for reimbursable projects, which costs shall include, without limitation, the following: (i) labor costs, including wages and salaries, and benefits and overhead allocable to such labor costs (overhead allocation percentage shall not exceed the lesser of (x) the percentage Service Provider typically allocates to its internal projects or (y) thirty - percent (30 %), and (ii) other direct costs and out -of- pocket expenses on a pass - through basis (e.g., equipment, materials, supplies, contract services, etc.). 0. Term. Service Provider" s obligation to perform maintenance on the relevant portion of the Grande System shall be for an initial term expiring one (1) year from contract execution, and unless a different Service Provider is selected by the Interest Holders under a mutually agreed selection process, then Grande shall be the Service Provider. Thereafter, Grande shall have no obligation to provide Scheduled or Unscheduled Maintenance hereunder, but shall be entitled to participate in any process selected by the Interest Holders as a potential Service Provider. 27 GRANDE COMMUNICATIONS NETWORKS. INC. CONFIDENTIAL AND PROPRIETARY 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 Bill KeIIy Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia 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 KeIIy Brent Chesney Rex A. Kinnison John E. Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia APPROVED AND PASSED on this day of , 2007. ATTEST: Armando Chapa. City Secretary Henry Garrett, Mayor Approved -1i(\.G`4'2L -, l `f, )o - -? Lisa Aguilar Assistant City Attorney for City Attomey ORDINANCE APPROPRIATING $24,458.42 INTEREST EARNINGS FROM THE GRANDE COMMUNICATIONS SECURITY FUND IN THE GENERAL FUND; TRANSFERRING TO AND APPROPRIATING IN THE CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION FUND 4800 FOR FIBER CONSTRUCTION; AMENDING THE FY 08 -07 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026908 BY INCREASING APPROPRIATIONS BY $24,458.42; AMENDING CC DIGITAL COMMUNITY DEVELOPMENT CORPORATION FUND 4800 TO INCREASE APPROPRIATIONS AND REVENUES BY $24,458.42 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $24.458.42 interest earnings from Grande Communications Security Fund in the General Fund is appropriated, transferred to and appropriated in the CC Digital Community Development Corporation Fund 4800 for fiber construction. SECTION 2. That the FY 2006 -2007 operating budget adopted by Ordinance 026908 is amended to increase appropriations by $24,458.42. SECTION 3. That the CC Digital Community Development Corporation Fund 4800 is amended to increase both appropriations and revenues by $24,458.42 each. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure March 20, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 14. 2007 at.Yc- . Lisa Aguilar Assistant City • ttorney 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 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 20, 2007 AGENDA ITEM: Motion authorizing the City Secretary, or his designee, to enter into a Joint Election Agreement between the City of Corpus Christi and Nueces County, pursuant to Chapter 271 of the Texas Election Code, for the runoff election and the statewide constitutional amendment election scheduled for May 12, 2007, to combine or uncombine precincts as necessary and to amend the submission to the U. S. Department of Justice to include these changes should a runoff election be required. ISSUE: City Council, by Ordinance No. 027017 established May 12, 2007, as the runoff election date for the City's general election. Governor Perry has called a statewide election to consider amending the State Constitution on May 12, 2007. The statewide election will be conducted locally by Nueces County. For the convenience of voters and to avoid duplication of efforts, the County and City may enter into a Joint Election Agreement relating to early voting and election day procedures, election officials, polling places, and ballots. In order to accomplish a joint election, an agreement pursuant to Chapter 271 of the Election Code is necessary. The joint election may require that certain precincts, combined for the general election, be uncombined for the runoff election and that others be combined if the County has opted to do so. Since voting procedures will change from the general election, an amended submission to the U. S. Department of Justice will also be required. FUNDING: No funding is required for this agreement. Funding for the Runoff election nhas been budgeted. FUTURE COUNCIL ACTION: the city council will need to canvass and officially declare the results of the Runoff election. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion. Armando Chapa City Secretary 13 AGENDA MEMORANDUM City Council Action Date: March 20, 2007 SUBJECT:, Water Main Improvements: Leopard Street (Project No. 8534) and Third Street (Project No. 8535) — CHANGE ORDER NO. 5 AGIDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 with SLC Construction, L.P. of Conroe, Texas, in the amount of $332,825.97 for a total restated amount of $3,155,333.57 for the Water Main Improvements: Leopard Street and Third Street project !SSW: With this proposed change order, the City is embarking on a new process: coordinating the repair of streets that are scheduled for regular maintenance with completed projects in a particular area. This approach maximizes resources and minimizes inconvenience to the traveling public. The project provides for street repairs to Leopard Street following the installation of a water line along Leopard Street from Mexico Street to Upper Broadway and along Third Street from Buford Street to Elizabeth Street. FUNDING: Funding for this project is available in the FY 2006 -2007 Street Operating Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. . Andy Leal Street Superintendent AdnaI Support Material: Exhibit "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location map i eswiew ge R. Escobar, P.E. 'rector of Engineering Services H: IHOME%ifthelleSGEMWater\Water System18534 & 8535- Leopard Water Line \ConstrurbonlChange Order No. 51Agenda Memo. doc BACKGROUND INFORMATION SUBJECT: Water Main Improvements: Leopard Street (Project No. 8534) and Third Street (Project No. 8535) — CHANGE ORDER NO. 5 CH/i4GE ORDER DESCRIPTION: With this proposed change order, the City is embarking on a new process: coordinating the repair of streets that are scheduled for regular maintenance with completed projects in a particular area. This approach maximizes resorjrces and minimizes inconvenience to the traveling public. The project provides for repairs to Leopard Street following the installation of a water line along Leopard Street from Mexico Street to Upper Broadway and along Third Street from Buford to Elizabeth Street. The details of Change Order No. 5, including a breakout of additions and deductions from the contract, are included in Exhibit "B." The change order allows for repair of the entire street section by milling and asphalt overlay instead of partial repair and seal coat. Specifically, the street will be milled down 1.5 inches to remove all the indentations and then a 1 5-inch thick asphalt overlay will be applied for a smooth riding surface. In addition, all the manholes and valves in the project area will be raised and adjusted and the street section will be restriped. Since this work is so extensive and is not just a patch job, it will greatly extend the useful service life of the street and significantly improve its rideability. PRWECT BACKGROUND: The construction contract was awarded on February 21, 2006 to SLC Construction, L.P. The water main replacement is intended to improve water pressure, increase flow capacity, and improve reliability around the two project areas: • Leopard Street: An old existing 10 -inch cast iron water main will be replaced with a new 12 -inch PVC water main along Leopard Street from Upper Broadway to Mexico Street (approximately 3,625 LF). • Third Street: An old existing 10 -inch cast iron waterline along Third Street from Elizabeth to Buford needs to be upgraded to a 16 -inch PVC pipe. PRI9R COUNCIL ACTION: 1 I4overrber 11, 2003 — Motion authorizing the City Manager or his designee to execute a consultant contract with Martinez, Guy & Maybik Inc. of Corpus Christi, Texas, in the amount not to exceed $152,993 for the Water Main Improvements along Elizabeth Street and 19th Street. (Motion No. 2003 -397) 2 March 29, 2005 - Motion authorizing the City Manager or his designee to execute Amendment No. 2 to the contract for professional services with Martinez, Guy & Maybik in the amount of $118,608 for a total restated fee of $289,621 for the Water Main Improvements: Leopard Street and Third Street project. (Motion No. 2005 -105) 3. February 21, 2006 - Motion authorizing the City Manager, or his designee, to execute a construction contract with SLC Construction, LP, of Conroe, Texas, in the amount of $2,720,501.55 for the Water Main Improvements: Leopard Street and Third Street project for Base Bid "A "& "B" and Additive Alternates 1, 2, 3 and 4. (Motion 2006 -043) 4 April 25, 2006 - Motion authorizing the City Manager or his designee to execute a testing agreement with Kleinfelder of Corpus Christi, Texas, in the amount of $40,559 for the Water Main Improvements Leopard Street and Third Street. (Motion 2006 -128) 5 July 25, 2006 — Ordinance adopting the City of Corpus Christi Budget for the ensuing - ^OME1Rac8ei,e- GEN \Waters varer System. a5 R. 8535 . t .coara'f a,e, UnelConstr. ctionl:hange Order No 5Agenda Background doc EXHIBIT "A" Page 1 of 2 Fiscal Year beginning August 1. 2006; to be filed with the County Clerk; appropriating monies as provided in the budget; and providing for severance. (Ord. No. 026908) 6 December 19, 2006 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 with SLC Construction, LP, of Conroe, Texas, in the amount of $62,992.43 for a total restated amount of $2,793,618.98 for the Water Main Improvements Leopard Street and Third Street project. (Motion No. 2006 -428) PRIQR ADMINISTRATIVE ACTION: 1 February 20, 2002 — Distribution of Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 2 March 13, 2002 — Addendum No 1 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation. Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 3 March 15, 2002 — Addendum No 2 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 4 March 26, 2002 — Addendum No 3 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street. Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 5 March 28, 2002 — Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 6 April 11, 2003 — Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 7 April 17, 2003 — Addendum No. 1 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 8 Aril 25, 2003 — Addendum No. 2 to the Letter Of Notification No. 1 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 9. August 4, 2003 - Letter Of Notification No. 2 to the Request for Qualifications (RFQ) No. 2002 -01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering firms (28 local and 14 out -of- town). 10 November 30, 2004 — Administrative approval of Amendment No. 1 to the contract for engineering (NE) services with Martinez, Guy & Maybik of Corpus Christi, Texas, in the amount of $18,020 for a total restated fee of $171,013. 11 April 28, 2006 — Administrative approval of Change Order No. 1 to the construction contract with SLC Construction, L.P., in the amount of $10,125.00 for a total restated amount of $2,730,626.55 for placement and removal of two -inch (2 ") thick cold mix (750 sy) for temporary street repairs. 12 F #bruary 2, 2007 - Administrative approval of Change Order No. 3 to the construction contract with SLC Construction, L.P., in the amount of $23,595.00 for a total restated amount of $2,817,213.98 for placement and removal of two -inch (2 ") thick cold mix (750 sy) for temporary street repairs. 13 F,bruary 16, 2007 - Administrative approval of Change Order No. 4 to the construction contract with SLC Construction. L.P., in the amount of $5,293.62 for a total restated amount of $2,822,507.60. H 1NOME5Rachelle\GENIWater1Water Syslem18534 & 8535- L,00ard Water Line \Construction \Change Order No. 5Wgenda Background doc EXHIBIT "A" Page 2 of 2 Department of Engineering Services Change Order Summary Sheet March 20, 2007 PROJECT: Water Main Improvements - Leopard Street/3rd Street Project No: 8534/8535 APPROVED: City Council on 2/21/06- Motion No. 2006 -043 CONTRACTOR: SLC Construction, L.P. P. O. Box 639 Conroe, TX 77305 TOTAL CONTRACT AMOUNT..... 25% Limit Amount .............. . $2,720,501.55 680,125.39 Change Order No. 1 (05/15/06) 10,125.00 Change Order No. 2 (Council 12/19/06. M2006 -428) 62,992.43 Change Order No. 3 (02/02/07) 23,595.00 Change Order No. 4 (02/16/07) 5,293.62 Change Order No. 5 (03/20/07) .................... 332,825.97 Total. ..... 434,832.02 = 15.98% < 25% H tHOMEIRechelle \GEN1WaterlWater System \8534 & 8535- Leopard Water Line\ConstructioMChange Order No 5lChange Order Summary.doc CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 5 FUNDING SOURCE: CONTRACT TIME: 298 C.D. Operating Department: Water & Street DATE: March 6, 2007 Name of Project Water Main Imprvs. - Leopard St. /Third St. - P.R. 8534/8535 Contractor SLC Construction, L.P. CHANGE SEE ATTACHED BREAKDOWN ADD $332,825.97 NET TOTAL: $332,825.97 DEDUCT Why was this change necessary? (If left off the plans and specifications, explain why? Change order allows repair of entire street section by milling and asphalt overlay instead of partial repair and seal coat. How can similar chauges be avoided in the future? Unavoidable. A. CONTRACT PRICE $ 2,720,501.55 B. TOTAL CHANGE ORDER (inc. current) $ 434,832.02 C. NEW CONTRACT PRICE $ 3,155,333.57 D. THIS CHANGE ORDER $ 332,825.97 E. PERCENT TOTAL CHANGE OVA) 15.98% F. PREVIOUS TIME AUTHORIZED 10 C.D. G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 90 C.D. H. TOTAL ADDITIONAL TIME 100 C.D. CITY OF CORPUS CHRISTI, TEXAS By: Director of Engineering Services APPROVED: Operating Department Dir. of Management & Budget Legal Department CONTRACTOR By: Title: Project Manager Change Order No. 5 Water Main Imprvs. - Leopard St./Third St. P.R. No. 8534/8535 C n e Add the following items to thejontract: LEOPARD STREET MILLING/ASPHALT/OVERLAY Add Deduct Milling .5" /Asphalt 1.5" - .5,000 S `_` $507,500.00 @$1450 /S. Y. Manhole Readjustments - 5t Ea. 22,500.00 @$450.00/Ea. Valve Readjustments - 40 Ea. 10,000.00 @$250.00/Ea. Traffic Control & Mobilization - 1 Ea. ;:x$15.000.00 /Ea. 15,000.00 DEDUCT THE FOLLOWIIV ITEMS FROM THE CONTRACT: LEOPARD ST. FROM MEXICO TO UPPER BROADWAY &W ET, PAVING. DIW & S/W ITEMS A17 Seel Coat entire street pavement areas - 26,146 S.Y. @$11.25/S.Y. A18 Misc. Street Repair Allowance 1 L S. @$5,000.00/LS ARSIAN FROM LEOPARD TO PT. SOUTH OF BUFFALO D9 Mill & reconstruct asphalt surface w /1.5" HMAC - 356 S.Y ©34.00 /S.Y. D10 Se* coat entire street pavement areas - 2,080 S.Y @$5.00 /S.Y. TRAFFIC ITEMS D25 DbI 4" Solid Yellow CL - 367 S.F @$2.00/S.F. D26 Whie Crosswalk Markings, Thermoplastic - 60 S F @$6.00 /S. F. D27 24" Solid White Stop Bar Thermoplastic - 30 S.F. @$12.00 /S.F. D28 Type II -A Raised Pavement Markers - 15 S F. @$12.00 /S. F. STREET PAVING. DRIVEWAY & SIDEWALK ITEMS El0 Seat coat entire street pavement areas - 2.808 S.Y. @$5.00 /S. Y. SUB - TOTAL: $137,266.50 5,000.00 12,104.00 10,400.00 734.00 360.00 360.00 180.00 14,040.00 $555,000.00 ($180,444.50) ChunEe Add Deduct TRAFFIC ITEMS E28 White Crosswalk Markings, Thermoplastic - 1,200 S.F $7,200.00 @$6.00!S.F. E29 24" Solid White Stop Bar Thermoplastic - 340 S.F 4,080.00 @$12.00 /S. F. E30 4" Broken White Lane Line, Thermoplastic - 74 S.F. 148.00 @$2.00 /S.F. E31 Type I-C Raised Pavement Marker 10 Ea. @$12.00 /Ea. 120.00 STREET, PAVING, DRIVEWAY & SIDEWALK ITEMS F10 Seal coat entire street pavement areas - 2,256 S Y 11,280.00 @$5.00 /S.Y. TR8FFIC ITEMS F19 Dbt 4" Solid Yellow CL - 250 S.F. @$6.00 /S.F. 1,500.00 F20 While Crosswalk Markings, Thermoplastic - 794 S.F 4,764.00 @$$.00 /S.F. F21 24" Solid White Stop Bar Thermoplastic - 140 S.F 1,680.00 @$12 00 /S.F. F22 4" Broken White Lane Line, Thermoplastic - 63 S.F 126.00 @$2.00 /S.F. F23 4" Solid White Lane Line, Thermoplastic - 54 S.F 108.00 @$2.00 /S. F. F24 Type It -A Raised Pavement Markers - 12 S.F. 144.00 $12.00 /S F. F25 Type I -C Raised Pavement Marker - 12 Ea. 144.00 @$12 00/Ea. N. f IRANDAHUA - C. ORIXR NO. 2 STIVET, PAVING, DRIVEWAY & SIDEWALK ITEMS C13 Seal coat entire street pavement areas - 1.520 S.Y @$5.04 /S.Y. TRgFIC ITEMS 049 Whip Crosswalk Markings Thermoplastic - 304 S.F. @$&20 /S. F. C50 24" solid White Stop Bar, Thermoplastic - 48 S.F. @$112.40 /S.F. C51 4" Broken White Lane Line Thermoplastic - 33 S.F. @$2.71/S.F. 052 Dbl. 4" Solid Yellow CL, Thermoplastic - 30 S.F. ©$2.71/S.F. C53 Type I C Raised Pavement Markers - 10 Ea. @$12.40/Ea. 7,660.80 1,884.80 595.20 89.43 81.30 124.00 SUB - TOTAL: $0.00 NET TOTAL: $555,000.00 GRAND TOTAL: $332,825.97 ($41,729.53) ($222,174.03) 01 U O U (miz 0 CORPUS CHRISTI BAY cc- Z 0 V 0 NMOISSONO 4"jri PAGE: 1 of 1 DATE: 03 -06 -2007 14 AGENDA MEMORANDUM DATE: March 20, 2007 SUBJECT: Cefe Valenzuela Landfill — Construction Management AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Ratification of Amendment No. 20 with Shiner, Moseley & Associates, Inc. in the amount of $49,688 for a restated not to exceed contract amount of $4,273,303.00 for two additional months of Construction Management and Surveillance Engineering Services for the Cefe Valenzuela Landfill project. ISSL : Ratification of an amendment is necessary to pay the consultant for a full time construction mannement representative on site during the months of January and February. This was done to ensure the project was 100% complete, no outstanding issues remained, and final TCEQ approval had been received. FUNNG: Funds are available from interest earnings and remaining proceeds from the Sanitary Landfill 2006 CIP Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. �a =<-4* 3/0 / gel R. Escobar, P. E Director of Engineering Services Addinal Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map f J plan irector of Street & Solid Waste Services H \ HOME \KEVINSIGEN\ LANDFILL \Valenzuela \DESIGN\AEAmd20Memo doc ADDITIONAL INFORMATION CONTRACT AMENDMENT: The proposed ratification of the engineering amendment is needed to authorize payment for two additional months of construction management and surveillance for the months of January and February 2007. The project was completed during late February 2007, and no additional work is remaining A contract summary is attached. See Exhibit B. BACKGROUND: Cefe Valenzuela Landfill represents completion of major project by the City to ensure a long term solution for solid waste disposal would be available for the City and region. It was necessary to issue several change orders in response to changed conditions, modifications of TCEQ regulations, and to better address future landfill operational needs. This required the Consulting Engineer to maintain a representative on site during the months of January and February 2007. A ratification to approve an amendment is necessary to authorize payment for these services. The project is complete and has been approved by TCEQ. Operations at Cefe Valenzuela Landfill will begin immediately upon cessation of the disposal activity at J. C. Elliott Landfill. Disposal of Municipal Solid Waste at J. C. Elliott will cease only when the final permitted capacity is reached. J. C. Elliott will continue to operate in the capacity of a Citizens Collection Center and Solid Waste Transfer Station. This will allow the City to avoid the cost of having disposal operations at two locations. J. C. Elliott will require a construction contract for installation of the final cover. PRIOR COUNCIL ACTION: The most critical recent actions to facilitate the opening of Cefe Valenzuela Landfill have been: July 15, 2003 - Resolution authorizing the City Manager, or his designee, to execute a Local Project Advanced Funding Agreement for Voluntary Transportation Improvement Project with the Texas Department of Transportation (TxDOT) governing the construction of a proposed drainage culvert on FM 70 to serve the future development of Cefe Valenzuela Landfill in the amount of • $16,000.000 for preliminary engineering; and • $900,000.00 for construction December 21, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 10 for engineering services with Shiner, Moseley & Associates, Inc. in the amount of $222,000 for the finalization of plans for Cefe F. Valenzuela Landfill. Januory 25, 2005 - Motion authorizing the City Manager, or his designee, to increase the escrow funding with the Texas Department of Transportation (TxDOT) in the amount of $157,482.45 for the construction of a proposed drainage culvert on FM 70 to serve Cefe - •,hCME \KEVINS \GEN \LANDFILL Jalenzuela \DESIGN\AEAmd20BkgExhA.doc Exhibit "A" Page 1 of 4 Valenzuela Landfill. Aught 30, 2005 — a Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $14,875,294.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project (M2005 -308). b Motion authorizing the City Manager, or his designee, to execute a materials inspection, testing and laboratory services contract in the amount of $283,059.50 with Kleinfelder of Corpus Christi, Texas for the Cefe F. Valenzuela Landfill Site Development Project M2005 -309), OctoOer 25, 2005 - Motion authorizing the City Manager, or his designee, to approve an aid to construction in the amount of $196,540.00 with Nueces Electric Cooperative to extend electrical power to the Cefe F. Valenzuela Landfill Site Development Project (M2005 -370). November 8, 2005 - Motion authorizing the City Manager, or his designee, to execute Amendment No 11 for construction phase engineering services with Shiner, Moseley & Associates, Inc. in the amount of $647,120 for the Cefe F. Valenzuela Landfill. December 13, 2005 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 to increase the Enterprise Products pipeline adjustment allowance in the amount of $159,965.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F Valenzuela Landfill Site Development Project. January 17, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No, 12 to the Contract for Professional Services with Shiner Moseley in the amount of $390,700.00, subject to availability of funds, to the Cefe Valenzuela Landfill for a Solid Waste Citizen Collection Center and Transfer Station at the J.C. Elliott Landfill. May 16, 2006 a Motion authorizing the City Manager, or his designee, to execute Change Order No. 6 for the excavation and transport of overfill from J. C. Elliott Landfill Sector 9 to Sector 11 in the amount of $547,500.00 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project. b Motion authorizing the City Manager, or his designee, to execute a work order with BFI Waste Services of North America, Inc., of Scottsdale, Arizona, in the amount of $848,400.00 for the spread, compaction and cover of overfill from Sector 9 delivered to Sector 11 of J. C Elliott Landfill in accordance with the terms of the Landfill Services Agreement. May 18, 2006 — Ordinance by the City Council of the City of Corpus Christi providing for the issuance of City of Corpus Christi, Combination Tax and Solid Wastes Revenue Certificates of Obligation, Series 2006, in an amount not in excess of $20,000,000 and ordaining other matters related to the subject (Ord. No. 026783). June 6, 2006 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 7 for the reconstruction of County Road 20 from FM 2444 to the Cefe Valenzuela County Road 20 Drainage Culverts in the amount of $389,862.80 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project. H ',HONE \KEVINS \GEN\LANDFILL` ✓ alenzuela \DESIGN\AEAmd20BkgExhA.doc Exhibit "A" Page 2 of 4 June 27, 2006 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 8 for the construction of an additional lift station, a wireless communications tower, and scale software for financial interface with the City's software system in the amount of $280,353.00 with Longhorn Excavation, Inc., of Richmond, Texas forthe Cefe F. Valenzuela Landfill Site Development Project. July 11, 2006 — a. Ordinance appropriating $188,531.00 from interest earnings of the Public Health and Safety 2004 CIP Fund No. 3359 for J. C. Elliott Landfill Permit Modification application; amending the FY 2004 — 2005 Capital Improvement budget adopted by Ordinance No. 026188 by increasing appropriations by $188,531.00; and declaring an emergency. b Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 with Shiner, Moseley & Associates, Inc. in the amount of $370,170 for Engineering Services associated with an amendment application of the J.C. Elliott Landfill TCEQ Permit to increase final contours and disposal capacity. August 22, 2006 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 14 for the construction of a potable water distribution system in the amount of $101,121.50 with Longhorn Excavation, Inc., of Richmond, Texas forthe Cefe F. Valenzuela Landfill Site Development Project (M2006 -257). December 12, 2006 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 20 for the construction of drainage erosion control improvements and a generator in the amount of $94,948.72 with Longhorn Excavation, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Site Development Project (M2006 -398). December 19, 2006 — a Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $3,835,907.25 with Longhorn Excavators, Inc., of Richmond, Texas for the J.C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. b Motion authorizing the City Manager, or his designee, to execute a materials inspection, testing and laboratory services contract in the amount of $84,056.00 with Kleinfelder of Corpus Christi, Texas for the J.C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. ADIINISTRATIVE ACTIONS: December 14, 2005 — Approval of Change Order No. 2 to decrease pay allowance by $40,000,00 for the Duke Energy pipeline adjustment. December 28, 2005 - Approval of Change Order No. 3 in the amount of $13,800.00 to increase allowance for Onyx Energy pipeline adjustment (Pay Item 21). January 2$, 2006 — Approval of Change Order No. 4 in the amount of $24,570.00 to provide and install 6,500 I.f. of 5- strand barbed wire fence with galvanized T -posts and two corners, Febuary 16, 2006 — Approval of Amendment No. 13 in the amount of $24,950.00 for the modification of mechanical, electrical and plumbing plans. March 31, 2006 — Approval of Change Order No. 5 in the amount of $16,547.53 for various civil, mechanical, architectural and pipeline adjustments. June 27, 2006 — Approval of Amendment No. 14 in the amount of $24,150.00 for plan modifications to for TCEQ review at Cefe Valenzuela to permit modification of the water system, Exhibit "A" Page 3 of 4 H \I- NOME\ KEVINS\ GEN\ ANDFILi_', Valenzuela \DESIGN\AEAmd20BkgExhA.doc July 18, 2006 — Approval of Change Order No. 9 in the amount of $0.00 for modification of the Petronilla Creek Spillway, earthwork, headwalls, deletion of unused quantities. July Z4, 2006 — Approval of Change Order No. 10 in the amount of $25,000.00 for two 30 foot radius curves to widen FM 2444 at County Road 20. Aug* 1, 2006 — Approval of Change Order No. 11 in the amount of $23,000.00 ($11 ,500 00 per day with one day @ no charge) for three days of temporary cover placement removal at J C. Elliott Landfill. August 7, 2006 - Approval of Change Order No. 12 in the amount of $25,000.00 for additional select fill, purchase of 2,500 gallon water tank, casings, and water tap assistance. Aught 8, 2006 - Approval of Change Order No. 13 in the amount of $23,000.00 for two additional days of overfill removal at J. C. Elliott Landfill. Aug* 14, 2006 — Approval of Amendment No. 16 in the amount of $15,150.00 for plan modifications of the fuel monitoring system and washdown lift station at Cefe Valenzuela Landfill August 21, 2006 Approval of Amendment No. 17 in the amount $20,770.00 for plans necessary to provide a backup data communications link antenna for Cefe Valenzuela Landfill at Corpus Christi International Airport. Seot nber 22, 2006 — Approval of Change Order No. 15 in the amount of $24,923.55 for erosion control at County Road 20, building splash pads, and fencing modifications. October 9, 2006 Approval of Change Order No. 16 in the amount of $22,288.90 for bollards, culvert, headwalls, reroute of oil separator and additional fence bracing. October 27, 2006 — Approval of Change Order No. 17 in the amount of $18,117.19 for electrical modifications personnel gate, sealing building CMU, and louvered door in mechanical room, November 6, 2006 — Approval of Change Order No. 18 in the amount of $24,501.67 for electrical work at CCIA Wi -Fi data tower, substitution of epoxy coated steel pipe for PVC, additional fencing, sealing concrete floors, additional painting and base in Pump House and Administrative Building. November 30, 2006 — Approval of Change Order 19 in the amount of $24,186.07 for fencing, gate, access road, ADA compliant dishwashers, sealing main entry CMU wall, and additional painting and wood base in Crew Pump House Building. January 5, 2007 — Approval of Ratification and Amendment No. 18 in the amount of $24,844.00 for engineering construction management and surveillance services during the month of December 2006. Januitry 8, 2007 — Approval of Change Order No. 21 in the amount of $14,411.85 for additional painting, sealing floors, installation of bollards and one double gate. February 13, 2007 — Approval of Change Order No. 22 in the amount of $4,845.35 for ADA signs, pressure tank pedestal, additional painting, and manual chlorination pump. FUTURE COUNCIL ACTION: • Award of contracts for engineering design and construction of future disposal cells. FUNDING: Funding is available from the Sanitary Landfill 2006 CIP Fund. I:\ HOME` KEVINSI GENILANDFILL\ valenzuela \DESIGN\AEAmd20BkgExhA.doc Exhibit "A" Page 4 of 4 CONTRACT SUMMARY Section III. Additional Services, Task 4.02 is amended to provide two additional months of Construction Management and Surveillance by the addition of Sub -task k. to read: TASK 4.02 Construction Management - k. the Engineer will provide two additional months of construction administration and surveillance during the months of January and February 2007. SECTION VI. FEE is amended by the insertion of Phase III fees to read: Section VI. FEE The City will pay the Engineer a restated total not to exceed fee of $4,273,303.00. This fee will be full and total compensation for all services provided and expenses incurred. The fee is subject to the availability of funds. The Engineer may be directed to suspend work pending receipt and appropriation of funds. This amendment authorizes the following fees: A. FEE FOR ADDITIONAL SERVICES The City agrees to pay the Engineer for services provided in accordance with the Scope of Services and Fee under this Amendment, an additional fee for additional services not to exceed $49,688.00. The revised total fee as amended is not to exceed $4,273,303.00. The total amended fee is the full and total compensation for all services provided and expenses incurred by the Engineer. For services provided in Section III "Additional Services ", the Engineer will submit monthly statements for basic services rendered. Engineer's statement will be based upon Engineer's estimate of the proportion of the total services actually completed at the time of billing. For services authorized by the Director of Engineering Services under Section III "Additional Services ", the City will pay the Engineer a fixed fee for providing services authorized as shown by the Summary of Fees attached as Exhibit A -20 on the following page. All other terms and conditions of the February 13, 1996 contract, as amended, between the City and Engineer shall remain in effect Exhibit B Page 1 of 1 PROJECT LOCH T/ON PROJECT LOCATION MAP C EF, VALENZU q LANDFILL - LANDFILL PERMITTING AND DESIGN (AMENDMENT N0. 20) CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03/13/2007 15 AGENDA MEMORANDUM March 20 2007 SUBJECT: Emergency Recovery Operations — Pre - Positioned Contract Development (Project No. 90043) AGENDA ITEM: Motion to authorize the City Manager, or his designee, to execute Amendment No. 4 with Shiner, Moseley and Associates, Inc. in the amount of $30,000 for a restated not to exceed total fee of $200,000.00 for consulting services associated with Pre - Planning of Emergency Recovery Operations. ISSUE: In order to expedite post- hurricane recovery operations and maximize reimbursement from various disaster relief funds, it is essential that necessary plans and contracts be developed and in place for rapid recovery response and to provide proper documentation to support reimbursement requests from emergency funds. FUNDING: Funding is available from the FY2006 -2007 Operating Budget. RECOMMENDATION: Approval of the ordinance and motion as presented. A R. Escobar, P E. 'rector of Engineering Services Eduardo Garana, P.E. Director of Water Services Foster Crowell Director of Wastewater Services ADITIOPW. INFORMATION Exhibit A Background Information Exhibit B Contract Summary H'\ HOME\KEVINS \GEN \HURRICAN106MGMT `AwdMemo.doc y apran Director of Solid Waste Services 3/109 ADDITIONAL INFORMATION CONTRACT: The new contract provided for revisions in the current pre - positioned contract documents to reflect experiences of other jurisdictions and changes in FEMA regulations. Shiner Moseley will also coordinate with NAS Corpus Christi, the Corpus Christi International Airport, FAA, FEMA Texas Commission on Environmental Quality and other agencies to determine ,f any modifications to the Debris Reduction and Storage Site Agreements are necessary. The contract also provided for a future phase to implement preparedness services including the pre - positioned contracts and annual contract management services associated with hurricane /disaster preparedness. These annual management services are addressed through amendments for each hurricane season. BACKGROUND: In order to expedite post- hurricane recovery operations and maximize reimbursement from various disaster relief funds, it is essential that necessary plans and contracts be developed and in place for rapid recovery response and to provide proper documentation to support reimbursement requests from emergency funds. A hurricane or other major disaster will result in a dramatic increase in City workloads. The City will be required to continue normal operations while mobilizing all available resources to conduct an effective and efficient disaster recovery operation. Therefore, it was found to be to the City's advantage to identify, contract and pre - position the contract services that will be required to undertake recovery efforts. This resulted in several pre - positioned contracts being in place since the 1998 hurricane seasons. Various pre - positioned recovery and damage assessment contracts were activated in 1999 as a result of Hurricane Bret. While the City suffered only limited damage, the recovery actions were well coordinated. The pre - positioned contracts functioned as intended and there was satisfaction with the contractors' responsiveness and the speed of recovery. Council originally initiated pre - positioned contracts for hurricane and emergency recovery operations in 1997. The contracts covered the 1998 through 2002 hurricane seasons. In 2003, a new contract was issued for contract management services, debris removal and reduction and hazardous materials collection and disposal. PRIOR COUNCIL ACTIONS: Janur 28, 2003 - Motion to authorize the City Manager, or his designee, to execute a contract with Shiner, Moseley and Associates, Inc. in the amount of $80,000 for consulting services associated with Pre - Planning of Emergency Recovery Operations (M2003 -038). June 16, 2003 - Motion authorizing the City Manager, or his designee, to execute a contract to be activated only in the event of a hurricane or other disaster with D&J Enterprises, Inc. of Auburn, Alabama for Debris Management: Clearing, Removal and Disposal for Post Hurricane /Disaster Recovery Operations. June 24, 2003 - Motion authorizing the City Manager, or his designee, to execute a contract, to be activated only in the event of a hurricane or other disaster, with Ash Britt Environmental of Pompano Beach, Florida in the amount of $1,151,892 for the Collection, H 1 HCMEW EViNS1GENIHURRICAN \07MGMT^AWDBKG.EXA.doc EXHIBIT A Page 1 of 2 Characterization, and Disposal of Hazardous Waste during Post Hurricane /Disaster Recovery Operations. February 17, 2004 - Motion to authorize the City Manager, or his designee, to execute Amendment No 1 to the contract with Shiner, Moseley and Associates, Inc. in the amount of $30,000 for consulting services associated with Pre - Planning of Emergency Recovery Operations (M2004 -056). February 22, 2005 - Motion to authorize the City Manager, or his designee, to execute Amendment No, 2 to the contract with Shiner, Moseley and Associates, Inc. in the amount of $30,000 for consulting services associated with Pre - Planning of Emergency Recovery Operations (M2005 -061). Mare 28, 2006 - Motion to authorize the City Manager, or his designee, to execute Amendment No* 2 to the contract with Shiner, Moseley and Associates, Inc. in the amount of $30,000 for consulting services associated with Pre - Planning of Emergency Recovery Operations (M2006 -092). CONSULTANT: Shiner, Moseley and Associates, Inc. successfully completed the Pre - Planning for the original contract (1997) and the management/training contracts for the 1998 through 2006 Hurricane Seasons. ALTERNATIVES: Maintenance of pre - positioning contracts is the only viable method of minimizing recovery time and assuring maximum recovery of expenditures from FEMA and other reimbursements. FUNDING: Funding is available from the FY2006 -2007 Annual Operating Budget. Funding is being allocated to the Street, Solid Waste, Wastewater, and Water Departments' based upon an estimate of the benefit that will accrue to the Departments. Activation (Hurricane Approach Preparations) and Recovery Operations would be authorized as an amendment only in the event of a hurricane or other disaster with the fee being provided at that time. IMPLEMENTATION SCHEDULE: The implementation schedule provides for all pre- positioned contracts, all training sessions /exercises, and other tasks for the 2007 Hurricane Season to be complete by June 1, 2007. RECOMMENDATION: Approval of the motion as presented. H:\ HOME\ KEVINS\ GENIHURRICAN \07MGMT'\^AWDBKG.EXA.doc EXHIBIT A Page 2 of 2 CONTRACT SUMMARY Article i, Section B. Additional Services is amended to read: B. Additional Services 1. Contract Management - 2003 Hurricane Season Implementation; 2. Contract Management — 2004 Hurricane Season Implementation; 3 Contract Management — 2005 Hurricane Season Implementation; 4. Contract Management 2006 Hurricane Season Implementation; 5 Contract Management — 2007 Hurricane Season Implementation 6. Contract Management - Future Hurricane Seasons Implementation; 7 Annual Contract Review - Review City's hurricane recovery and damage assessment plans, confirm availability and capability of pre - positioned contractors and consultants, establish contract price adjustments based on the Engineering News Record Cost index; provide training and exercises, plan and prepare for 2006 hurricane exercise; and coordinate with the City to ensure that all information is current. 8 Restoration Contract Management - Subject to specific activation by City, manage the execution of pre - positioned contracts. The Engineer will use sub - consultants experienced with post -event operations and FEMA policies to supplement their workforce during major post -event operations. Article III — Fees Authorized is amended to read: ARTICLE 11I - FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $200,000. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified. The original contract fee totals $80,000.00 for 2003 services; The fee for Amendment No. 1 totals $30,000.00 for 2004 services; The fee for Amendment No. 2 totals $30,000.00 for 2005 services; The fee for Amendment No. 3 totals $30,000.00 for 2006 services; and The fee for Amendment No. 4 totals $30,000.00 for 2007 services. The table "Summary of Fees" shall be used when calculating the fee due for the proportion of services completed. The City shall make prompt payments in response to Consultant's statements for Professional Services. Billing for services provided will be based on the Consultant's estimate of the percent of services complete at the time of billing. Engineer will submit monthly statements for work authorized by the City Engineer and performed by the Consultant. The statement will be based upon Consultant's estimate and concurrence by the City of the proportion of the total services actually completed at the time of billing The City will make prompt monthly payments in response to Consultant's monthly invoices \ HOME\ KEV AJS \GENWURRICAN \07MGMT1 ^AwdSumExhB doc Exhibit B Page 1 of 3 All invoices shall be accompanied by a cover letter summarizing the fee in accordance with the Summary Schedule of Fees. Invoices will be sequentially numbered for each project and state the project name. The letter shall state the number of the current invoice, the contract fee for each task, the amount previously invoiced for each task, and the current amount due. Invoices may be organized as required to accommodate funding sources. Contractor management services will be authorized, at the sole discretion of the City Manager, or his designee, in the event of a hurricane, tornado, flooding, or other major natural or man - caused disaster The Engineer may be verbally directed to initiate services pending the issuance of a future amendment in writing. Reimbursement for contractor management services will be based on a unit date for time and expenses basis in accordance with the rates shown in Exhibit C-4. The Engineer will submit a revised rate sheet in January of each year. The new rate will become effective upon approval in writing of an amendment to this contract. Time and material components will include those services provided in association with a specific event. These will include ca) pre -event mobilization, (b) coordination of DAT activities, (c) management of the contract operations center to coordinate response contractors, (d) select monitoring of the contractors operations, (e) coordination with FEMA and the state on reimbursement issues, and (f) other services as may be requested by the City. Summary of Fees: Tasks 1 Description Fee ORIGINAL CONTRACT BASIC SIERVICES E A Contract Development i $65,000 BASIC SERVICES SUBTOTAL $65,000 ADDITIC IAL SERVICES B1 Contract Management - 2003 Hurricane $15,000 B2 Annual Hurricane Season Implementation To Be Negotiated /Authorized B3 Annual Contract Review To Be Negotiated /Authorized B4 Management of Contractor Services To Be Negotiated /Authorized ADDITIONAL SERVICES SUBTOTAL $15,000 ORGINAL CONTRACT TOTAL $80,000 ( AMEND V ENt No. 1 Contract Management - 2004 Hurricane B2a Season $30,000 1HOMEI KEVINS\ GEN\HURRICAN107MGMT\AAwdSumExhB doc Exhibit B Page 2 of 3 AMENDMENT No. 1 TOTAL $30,000 AMEN ENT No. 2 B2a Contract Management - 2005 Hurricane Season $30,000 AMENDMENT No. 2 TOTAL $30,000 AMEN ENT No. 3 B2a Contract Management - 2006 Hurricane Season $30,000 AMENDMENT No. 3 TOTAL $30,000 AMEN ENT No. 3 B2a Contract Management - 2007 Hurricane Season $30,000 AMENDMENT No. 4 TOTAL $30,000 TOTAL $200,000 H \HOME\KEViNS \GEN HURRICAN \07MGMTNAwdSumExhB doc Exhibit B Page 3 of 3 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: March 20, 2007 AGENDA ITEM: Ordinance amending ordinance No. 027143, Section 1, Authorization of Certificates of Obligation, to add utility work associated with the Port Avenue Street Reconstruction to listing of projects being funded by the City of Corpus Christi. Texas Combination Tax and Revenue Certificates of Obligation, Series 2007; and declaration of emergency. ISSUE: The utility related work associated with the Port Avenue street reconstruction project needs to be added to the listing of projects being funded by the City of Corpus Christi, Texas Combination Tax and Revenue Certificates of Obligation Series 2007. This wording was inadvertently omitted from Section 1. Authorization of Certificates of Obligation, of the original ordinance. All other documents, including the required publication notice, accurately reflect this wording. REQUIRED COUNCIL ACTION: City Council approval of the amendment to the ordinance is requested. PREVIOUS COUNCIL ACTION: June 13, 2006 -- Resolution No. 026827 authorizing the City Manager to execute an advanced funding agreement with TXDOT in the amount of $153,000 for the North Port Avenue from IH37 to I S181 for preliminary engineering and environmental assessment. June, 13, 2006 — Resolution No. 026830 authorizing the City Manager to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Revolving Loan fund for the reconstruction of Port Avenue from IH37 to US l 81 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field. June 13, 2006 -- Resolution No. 026831 approving the reimbursement statement expressing the Citv's official intention to reimburse the costs of projects funded through the Texas Military Revolving Loan Fund. Septignber 12, 2006 — Resolution No. 026978 authorizing the City Manager to execute an advanced funding agreement with TXDOT in the amount of $330,424 for the North Port Avenue from IH37 to 'S181 for preliminary engineering and design work. January 23, 2007 — Resolution No. 027127 directing publication of notice of intention to issue Combination Tax and Revenue Certificates of Obligation (Texas Military Revolving Loan Project); and resolving other matters relating to the subject. January 23, 2007 - Resolution No 027128 directing the City Manager to proceed with preparing necessary documents to effect the sale of General Improvement Bonds; and resolving other matters relating to the subject. February 13, 2007 -. Ordinance No. 027144 providing for the issuance of $3,830,000 of General Improvement Bonds. Series 2007. February 13, 2007 — Ordinance No. 027143 providing for the issuance of City of Corpus Christi, Texas, Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007. CONCLUSION AND RECOMMENDATION: City Staff recommends that the City Council approve the amendment to the ordinance as stated. Cindy O'Brien/ Director of Financial Services Attachment: Ordinance Amendment ORDINANCE AMENDING ORDINANCE NO. 027143, SECTION 1, AUTHORIZATION OF CERTIFICATES OF OBLIGATION, TO ADD UTILITY WORK ASSOCIATED WITH THE PORT AVENUE STREET RECONSTRUCTION TO THE LISTING OF PROJECTS BEING FUNDED BY THE CITY OF CORPUS CHRISTI TEXAS COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, SERIES 2007; AND DECLARATION OF EMERGENCY. WHEREAS, on January 23, 2007, the City Council passed Resolution 027127 authorizing and directing publication of notice of intention ( "Notice ") to issue Certificates of Obligation in an aggregate principal amount not to exceed $11.000,000, for projects related to reconstruction of Port Avenue, and relocation of Flour Bluff Drive; WHEREAS, on February 13, 2007, the City Council passed Ordinance 027143, to provide for issuance of City of Corpus Christi Combination Tax and Utility System Revenue Certificates of Obligation, Series 2007 WHEREAS, Ordinance 027143 needs to be amended to include all projects identified in the Notice; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Section 1 of Ordinance 027143, authorization of Certificates of Obligation, is amended to add utility work associated with Port Avenue Street Reconstruction to the listing of projects being funded by the City of Corpus Christi, Texas, Combination Tax and Revenue Certificates of Obligation Series 2007. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED: March 13, 2007 G. ith Asstant 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, 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 17 CITY COUNCIL AGENDA MEMORANDUM March 20, 2007 AGENDA ITEM: A. Ordinance amending the Code of Ordinances, City of Corpus Christi Chapter 55 regarding rules and procedures for public access cablecasting; providing for severance; providing for publication; and providing an effective date of June 1 2007. ISSUE: The Cable Communications Commission is recommending changes to the rules and procedures for public access cablecasting. The following changes to the public access rules have been recommended by the Cable Communications Commission and cable operators: 1 Changed references to "tapes" to "accepted media" . 2 Expanded definition of non organization to include non - profit status in state of Texas. Added video CD as acceptable type of program format. 4 Application to include producer's email address. 5 Removed requirement of 30 seconds of blue or black at program start and end. 6 Programs must be full 30 minutes in length, or full 60 minutes in length, including program identification. 7 Specified delivery deadlines for programs. 8. Producer applications are provided to the Cable Communications Commission. 9 Two Cable communications Commissioners will attend each lottery for program scheduling. 10. Up to four cablecasts of a program each lottery period. 11 No programming during holidays unless cable operator has automated programming. 12. Complaints are to be submitted to Commission. 13_ Violation process: If a program violates Section 1 rules, the producer will be notified to attend a Commission meeting to discuss violation. Three section 1 violations within six month period will result in forfeiture of public access channel use for 60 days Section 1 rules are programs must be noncommercial , no solicitation unless charitable organization, no copyrighted information, no portrayal of criminal act as being acceptable behavior, no obscenity or indecency, must be locally produced, and contained program identification. The Public Access User Groups have also reviewed these changes and provided input into the final draft. AGENDA ITEM B: Ordinance appropriating $7,000 grant provided by cable operators from the General Fund Reserve for commitment for public access equipment; amending the FY 06 -07 Operating Budget adopted by Ordinance No. 026908 to increase appropriations by $7,000; and declaring an emergency. ISSUE B: Each cable operator annually provided funds for public access facilities and equipment. There are $7,000 in funds available for use from FY 2005 -2006. The Channel 10 and Channel 18 Public Access User Groups each submitted separate request for use of these funds for computer and printer. At its meeting on January 15, 2007, the Cable Communications Commission approved the request for funds, subject to approval by the cable operators. Each cable operator has agreed with use of funds for the requested purposes. The funds have not yet been appropriated REQUIRED COUNCIL ACTION: Approval of the Ordinances. REVIOUS COUNCIL ACTION: A. The Public access rules and procedures were last amended in April 2004. B. Public access grant funds were last appropriated in 2004. CONCLUSION AND RECOMMENDATION: Approval of the Ordinances. 1 id,« CMG t Susan Cable Director, E- Government Services 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 REGARDING RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING AN EFFECTIVE DATE OF JUNE 1, 2007. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Article XVIII of Chapter 55 of the Code of Ordinances is amended by revising Exhibit A, Rules and Procedures for Public Access Cablecasting, to read as follows 'EXHIBIT A RULES AND PROCEDURES FOR PUBLIC ACCESS CABLECASTING Editor's note: Set forth herein is Exhibit A to Ord. No. 24929, the Master Cable Services Regulatory Ordinance (referenced in section 55 -302), amended by Ord. No. 025679, § I adopted Mar. 23, 2004 and Ord. No. 026008, § 1, adopted Oct. 26, 2004. A uniform style of section designation, paragraphing, and capitalization has been employed so that these provisions, while generally compatible with Code style, may also be distinguishable as an appendage to Ord. No. 24929 codified as Art. XVIII in Ch. 55. ores: DubiicAccessRulesDrafto. 29200' the PAUG. e. 2 Channel space on public access channels is available free of charge to any adult resident of the City of Corpus Christi in accordance with the following rules and procedures, as adopted by the City Council of the City of Corpus Christi. Submitted programs tapes; on accepted media, as defined in Section 4. will be cablecast by all franchised cable operators as provided in their respective franchises. Requests for live feeds may be made in accordance with rules adopted by the Cable Communications Commission with the consent of the cable operators. These rules may be amended by City Council following recommendation from the Cable Communications Commission and of franchised cable operators in the City of Corpus Christi § Rules for participation. Producers must complete and sign a programming contract. In signing the programming contract the producer warrants that the following rules will be observed: All programs must be produced by a producer as defined in section 4. All programs shall not be commercial as defined in section 4. No program shall be transmitted that requests contributions unless the solicitation is on behalf of an organization that has received tax exempt status under 501(c)(3) of the Internal Revenue Code or non- profit status in the state of Texas. Maximum time to request contributions in a program is five minutes. puulicAccessRulesDraft0129200 3 • No program shall be transmitted that contains copyrighted information for which proper clearance or authorization has not been obtained. • No program shall be transmitted that portrays any criminal act as being acceptable or condoned behavior. • No program shall be transmitted which contains obscene or indecent material. All programs must include proper program identification as defined in section 4. • All programs must be locally produced. In order to be classified as a locally produced program. the program must contain at least twenty -five percent (25 %) locally produced content Except as otherwise permitted by applicable law, neither the access user group nor the cable operators will restrict the content of any program. § 2 Technical standards and production requirements. Programs submitted for cablecast must conform to the technical standards and production requirements established for cablecast by the FCC and City of Corpus Christi Public Access Rules. The programs shall not cause the cable operator to be out of compliance with any applicable FCC Technical Standards. Quality: Programs must deliver, in good quality, clear audio and video throughout the entire length of the program. Format. Producers must transfer all other format ) to 1/2" VHS (SP speed) tapes, Super VHS tapes, Of Consumer DV tape, video CD. or DVD for cablecasting. 11 b All tapes must be rewound to beginning of tape. c As new technology changes and formats become more conventional in the consumer markets, additional formats may be added changed to reflect current market use The decision to add or delete formats will be made by the Cable Communications Commission based upon a request from an access user group and /or the cable operator(s). Labeling All producers must clearly label tapes accepted media as follows: On face of tape -or DVD accepted media and sleeve, box or case: a Name of individual producer b Producer's telephone number and/or e-mail address °ublicAccessRulesDraftOl 292007 4 Length of program Title of the program as it appears on the producer's application On the spine of the tape a. Title of the program as it appears on the producer's application. Identification: Only one program may be recorded on media. a. b a. Programs must include the program identification as defined in section 4. Lengths a. All one -hour programs must be 59 Cz0 minutes in length, including the program identification. b. All half -hour programs must be 29 30 minutes in length, including the program identification. c. Occasional programming beyond 59 60 minutes (such as high school sporting events) may be shown included pursuant to rules established by the Cable Communications Commission with consent of the cable operators. Deadline Pr pickeg up from the cable operators by 11:30 a.m. on Fridays prior to the scheduled cabl;' - t * =t be ins the ollowin• nd- H•lid- - re•uire de- •lin adjul,ments. § 3 How programs are scheduled and cablecast. Frarise• -bl- o•eratgjs •r•vide • -vbac of oublic accessDroarammina accordin• to the sphple provided b the PAUG. The 'A iv- -nd .. h-• I- •r••r -mmin• bmi b s -ri- -nd •cc- si•nal producers and provides schedules to cable o erp ators. Public access for series producers. The FAU onducts a biannual public access time slot to tery for each public access charnel . • rdin • to th- rules and • rocedures. and uses those results to develo • a public access schedule for each channel. PAUGS will provide schedules to the cable opertors following the lotteries and updated schedules between lotteries as they are modied Pubi!cAccessRutesDraft0' 292007 5 Time slots Series programs are given a regular weekly or monthly time slot. Time slots are awarded during the semi - annual time slot lottery. Conflicts on requests for time slots will be submitted to the Cable Communications Commission for arbitration. Each producer may have only one series, not to exceed one hour per week, except as provided above in section 2, Length, and except as provided in section 3, Lotteries and Schedules. Only programs created by a producer. as defined in Section 4, are eligible to participate in the semi - annual lotteries and are eligible to be transmitted as a public access grogram. Application: No later than the night of the bi- annual time slot lottery each producer must submit a completed public access cablecasting application approved by the Cable Communications Commission to their respective access users group board of directors. The PAUG Board of Directors will provide copies of applications to the Cable Operators and tathe cable Communications Commission no later than two weeks after the time slot lottery is conducted Access channel (10 or 18) (Note An individual producer a must select one channel for cablecasting of both first -run and repeat showings. Programs cannot be run on both channels ) Lotteries and schedules There are two lottery periods. The spring lottery period begins the first Sunday in June through the day preceding the first Sunday in December. The fall lottery period begins the first Sunday in December through the day preceding the first Sunday in June. Producers will attend the time slot lottery as noted in a. and b. below. Two Cable Comtpunic tions Commissioners will attend each lottery. Lotteries will be conducted as follows a The spring lottery is conducted in the last week- seven days of April with the new time slots actually beginning on the first Sunday in June. The PAUG Board of Directors shall determine the day and time of the lottery. b The fall lottery is conducted in the last week seven days of October with the new time slots actually beginning on the first Sunday in December. The PAUG Board of Directors shall determine the day and time of the lottery. The public access time schedule will be broken into 30- minute intervals. Each producer will draw a selection number randomly, with the lowest number having the first choice of time slots and continuing until all numbers are issued. FutmcAccessRulesDraft01292007 6 The selection numbers will be determined by random selection Based on selection numbers, each producer, one -by -one, selects an available time slot. After all producers select time slots for their first -run shows, producers of weekly programs requesting a repeat showing will then select their time slots for one repeat cablesast in same or reverse order as the initial time slots were selected, not to exceed n- - r h •w. A • ••r -m m- •- -.I- .- t -n •ri•in -I -n in the months (b periods or -to- back). A program may be cablecast as an original in subsequent lottery One lottery will be executed for Channel 10 by the Channel 10 access user group and one lottery executed for Channel 18 by the Channel 18 access user group. Public access for occasional producers. Single time slots of lengths as noted above in section 2, Length, will be available for occasional producers on a first -come, first- served basis. Occasional producers must complete a public access cablecasting application no later than two weeks prior to the desired cablecasting date and comply with all rules set forth herein. First -come, first- served is determined upon receipt by the PAUG secretary. No programs will be scheduled during holidays, unless automated programming allows as determined by cable operator. (2) that -lette eriod. F ub icAccessRulesDraftC1292007 § 4 Defined terms. A c- led ;E. �i- - Ar - o •e• •r•• r.m•n -.m -•. •r•• d . - . bli ac es 7 prodwer ark submitted fpr cablecaStjng on public access Channels. The term "accIpt-d •edia" refers tip' /" VHS (SP Speed). Super VHS tapes. DVD's video CD's. Con;mer QV's. and other formats which may be utilized in the future. officers- Cab Communications Commission — The Cable Communications Commission con sot of five resident�of the city appointed by the City Council. The Cable Corrnuniions Commission administers the process for complaints reaardin• the Rules and Procedures fpr Public Access Cablecastin . The Cable Communications Commission mediates any disputes brought to it by the PAUG. Commercial programming -- Any programming which is cablecast for remuneration of any kind, whether directly or indirectly, or programming which includes, in whole or in part, content whether audio, video or text intended, directly or indirectly to promote any service, or product; or includes commercial advertising of any kind; or contains lottery or sweepstakes information. The Cable Communications Commission has established guidelines concerning the advertisement of commercial products or services in an access program. mmuni•- ton t• h - •1 m ni -ti•ns the C•mmi =; io in writi mmis i•n r-•ardin n•. •m•I -in 0 i or hr•u•h an online form at www.cctexas.com /ccc /complaint. Holidays -- Martin Luther King. Jr. Day, Memorial Day, Fourth of July, Labor Day, Thanksgiving Day, Friday after Thanksgiving Day, Christmas, and New Year's Day. Locally produced programming - -means programs produced in the Corpus Christi region by producers as defined in this section. ?ublicAccessRulesDraft01 29200? 8 Producer — Any resident of Corpus Christi, 18 years of age or older, who has proof of residency which must include a local street residence address, a local contact telephone number and valid identification (such as a driver's license). A producer must pay any fees required by the access user group and must execute an approved program contract. A producer, by way of definition, is an individual or organization who meets the above stated requirements and participates in or is responsible for the creation of a local, non commercial program for the public access channels. If the local, non commercial program is created by a local organization, such as a church, one person who meets the above requirements must be designated as the producer and will represent the organization with the access user group. For identification purposes, this person's name will appear on identification, either video or audio, and printed on labels. Program identification -- The tag at the beginning and end of the program must bear the producer name, and title of program as it appears on the producer application and the production date. The tag must appear for at least ten (10) seconds, in the audio or video at the beginning and end of each program, within the first 30 seconds. A tag at the end of the progra i. o•ti•nal. Public access channel (sometimes herein "channel ") -- This is the cable television channel or channels on which public access programs are cablecast, currently channels 10 and 18 Public access time allocated schedule -- The block of time slots allocated to each public access channel that are available and are allocated by lottery during the semi - annual time dot renewal period. The block of time will be determined by each PAUG by calculating the number of producers and programming hours for all shows including repeats. The intent is to develop a block of time slots that provide for consecutive programming, without gaps in the programming schedule. Pu•ii A c -.4 U -r Grou•PA G -- 's - f• h in h- C. Co •e •f Ordinanc-s secti 2 -1, membersh� of the access user oroun ma • indivi - s r r i• =. t •f inter • mp os ed of an tiv- •f o m ni • bli he cable operator may be members of the access or •a c m •.r -t -I - nd'n•- •en•-nI from th -r •r• • . Access user • roups are CI an re n.t o.rd c•mmi ions r - n other b _ ivi esta. Com Com elect to vo ha nic ni - u er •n Co mi n •mmi rou ion ion. ion of All an th th a h • _bli a r •r• . b a••Iic. i•n m r or - h -ms-Iv boar • •f • ir- to E. ch to - st.blishm -nt of a ss user Pr ss h- nel must o th- _bl he a th m elv officer an on m r e roan c rdin ro • c • b -la ri s nti led rou • b laws nd elect* of officers. Repeat program -- A program which was previously aired on any public access channel during,the sAme lottery period. ubiicAccess R ulesOraft01292007 9 Semi - annual time slot renewal period -- A period beginning April and October of each year during which all who wish to request a series for the upcoming six months must submit an application Series -- A locally produced public access show from a single producer. A series can be either weekly or monthly § 5 Amendments to rules and procedures for public access cablecasting. These rules may be amended by City Council following recommendation from the Cable Communications Commission or franchised cable operators in the city. The city shall give any cable operator sixty (60) days' written notice of any proposed amendment to the runes and procedures for public access cablecasting. In the event that a cable operator objects in writing, the city and the cable operator shall thereafter meet and negotiate an amendment reasonably acceptable to all parties. In no event shall any amendment imposing greater obligations or restricting the rights of any cable operator become effective without the written consent of that cable operator. § 6 Violation of rules. Prodttpers must follow all Rules and Pre ; • r- f P •lic Ac -ss -bl-ca tin.. If a • •duce[ and series Ids been removed for violations, that producer and series may not at as a occasional user during the removal period. A al • - i ion of the - •I- •mm ni - ion C•mmi si•n to th- Cit Courril • submitting a sworn notice of appeal to the City Secretary within 30 days of the rtmclition of the Commission decision. a Violations of Section 1. No program will be permitted to air over the public access channels if a producer or program violates one or more of the rules identified in section 1. CornQlaintsabout violations of Section 1 rules must be submitted to the Cable Communications Commission. Progiucers will be notifiec,by phone or e-mail of program complaints and be informed of the ble Qpmmunications Commission meeting schedule. Producers also will receive writti notice of the complaint. dates of the next two Commission meetings. and a statement that failure to attend or send a representative will result in forfeiture of public access ch? nel use for sixty (60) days. Also. producers will be informed in writing that three Section 1 violations within a six month period will result in forfeiture of public P..oi.cAccessRulesDraft01292007 10 turneh ove to the Cable Communi -tons Commissiorifor review and discussion with the moducer at one of the next two scheduled Commission meetings. Producers must take gorrecllve action on any program' with rule violations before they can be submitted as a cond original or repeat. Upon notification of a com taint, the producer, or a repregentalriye, must attend one of the next two regularly scheduled Cable Communications Commission meetings to discuss the violation. if a pg? duce., or represer tive, fails to attend a Commission meeting within two sche I -d ts -- in the •r•du r .n• th s-ri- will b- r -m•v- • f si •0 da A •r•, er nd eri- wi • - r- •v-► fr• • . •Iic - -s h- el f i for the Section 1 violations during a six month period. b. Forfeit of Use of Public Access Channels Lotte, •er'•,•s b-•in the it S n•- in un will e - •li , a d- i•nate• I• i•n f for , - fir. •r• • r -, in - I• n - Fri• at nb r h d in D r to d - Iiv - w ivr un • . 'n m•-r. A he to f PA Gs n Folio ina the first media delivery of the lottery period._ cut-off time for delivery of media for w,`:-kl_.••r -ms is 1'.•OOAM •n Fri•. h -- -•ffti - for •-I've of med for m • nthl _• ro• rams is 10:00 AM on the Friday before the first Sunday of each month„ PAUQs will maintain a s Aedule list that indicates delivery of by producers. A monthly log of these schgclules will be submitted to the Cable Communications Commission by noon on the second Monday of each month. If a a les • 'duo r fails •r.• I • • - • a • vies will n •t b e air n im fir - w •r ,• hl •r••r -m hat t week • r month. o lat accepted will b If a vgeklyAeries producer fails to supply media by the established time for four consfrutive weeks, that groducer and series will forfeit the use of public access channels for the remainder of that lottery period. If a monthly series producer fails to sup* media on time for jyvo consecutive months, that producer and series will forfeit the use of public access channels for the remainder of that lottery period. The Qomrniasion will review the monthly media delivery log at each Commission mee:`• a L• send write otific- ion • •r•• -rs wh• f•rf -it h- - of •u•Iic -c -ss chan >: -Is fgfa ;lure to sunit media. This notification will include the date of the next sch- I-d _ •mmi •n -tins .t whi h tim- - •r•• : r may_appeal the Com =ti i•.-'.t •- i'•n. P •• _ -r Or - •- '•n. d r-•re nta v t -•• ar t he Com issi m etin or • ovide a written t men for an • • ••-- I •bereviwd c. Section 2 Violations PublicAccessRulesDraft01292007 f Fran a ised .- • - o• -r -t• m- ubmit c•m•Ia'n - unicetons Commission to be 'laced on the Commission meeting as vi•I -tions 11 h- ,ble nda for Co mit discussion. d. Section 3 Violations Comlaint.;fpr Sec ion 3 violations may be submitted to th- Cable Commu Com Th- . •m - i•n ill n• h- - •.r• •ri. - PA of an om•Ia'nt -nd schedule s, discussion wi the PAUG president and the complaining part at the ne Commission meeting e 0 mplt is about Cable Operators nications C o C o• com la n Co uni e tor . aini ut a fr n i• ns omm h • mmis d _ -bl- .! -r- •r - • • it -• t• he a i•n. A n will h 0 • a at the ext sch .• • f - • h c•m•I- intwil • ssi n h th I a • • forw rd d • th c- cable o r t• r - nd • le he -. u d ommission m In • *-ublicAccessRulesDraft01292r 07 12 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. 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. This Ordinance takes effect on June 1, 2007. PubIKAccess RulesDraft01 292007 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 Bill Kelly Brent Chesney Rex A. Kinnison John E Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia 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 APPROVED AND PASSED on this day of , 2007. ATTEST Armando Chapa, City Secretary Approved: s, yflo ±. Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett, Mayor ORDINANCE APPROPRIATING $7,000 GRANT PROVIDED BY CABLE OPERATORS FROM THE GENERAL FUND RESERVE FOR COMMITMENT FOR PUBLIC ACCESS EQUIPMENT; AMENDING THE FY 06 -07 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 026908 TO INCREASE APPROPRIATIONS BY $7,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $7,000 grant provided by cable operators is appropriated from the General Fund Reserve for commitment for public access equipment. SECTION 2. That the FY 06 -07 Operating Budget adopted by Ordinance No. 026908 is amended to increase appropriations by $7,000. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2007. ATTEST: Armando Chapa City Secretary APPROVED: March 16, 2007 Lisa Aguila Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 200 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor 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 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 3120107 AGENDA ITEM: Ordinance amending the Code of Ordinances Chapter 4, Alcoholic Beverages, by amending Section 4 -1, Alcoholic beverages on public school property; providing for severance, providing for publication, providing for penalties, and declaring an emergency. ISSUE: The ordinance requires updating to allow for its enforcement on charter school property. REQUIRED COUNCIL ACTION: Passing of the ordinance. PREVIOUS COUNCIL ACTION: Ordinance section last updated in 1992. FUNDING: No funding is involved. CONCLUSION AND RECOMMENDATION: Staff recommends passing of the ordinance. Bryan P. Smith Chief of Police Attachments: • Ordinance BACKGROUND INFORMATION The City of Corpus Christi was notified of a concem regarding the application of Section 4 -1 of the Code of Ordinances. The section prohibits the use or possession of alcoholic beverages on public school property for property that is owned by an independent school district. The concem was that the section, as it reads now, would make prosecution of an offense occurring at one of the City's charter schools impossible since they are not owned by a school district yet are considered public schools. This ordinance amendment will eliminate the discrepancy and allow for enforcement of the ordinance to apply to the City's charter schools. Additionally, all public and private schools in the City are protected under Texas Alcoholic Beverage Code, Section 101.75 which prohLits the possession or consumption of an alcoholic beverage on a public street, alley, or sidewalk within 1,000 feet of a property line of a school with any grade levels from pre - kindergarten through twelfth, with exceptions for approved special events. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 4, ALCOHOUC BEVERAGES, BY AMENDING SECTION 4-1, ALCOHOLIC BEVERAGES ON PUBLIC SCHOOL PROPERTY; PROVIDING FOR SEVERANCE, PROVIDING FOR PUBLICATION, PROVIDING FOR PENALTIES, AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 4, Alcoholic Beverages is amended by amending Sec. 4 -1, Alcoholic beverages on public school property, to read as follows: Sec. 4 -1. Alcoholic beverages on public school property. It shall be unlawful for any person to possess, use, or consume any alcoholic beverage, as defined by the Texas Alcoholic Beverage Code, en-or within -any in or on any public school property within the city !knits.. 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 Section 1-6. SECTION 5. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 20th of March, 2007. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor Approved as to legal form 44.'4 (3 2007. By: Josep Harney Assistant City Attorney For City Attomey TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John E. Marez Bill Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott 19 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: February 27, 2007 AGENDA ITEM: An ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 14, to reduce building permit and survey fees for businesses operating in Census Tracts 5. 7, 13, 35, and 50 included in the expanded Renewal Community; providing for an effective date; providing for severance; providing for publication ISSUE: Providing incentives in order to promote economic growth in the Renewal Community area. CONCLUSION AND RECOMMENDATION: Approval of the ordinance reducing building permit and survey fees for businesses operating in Census Tracts 5, 7, 13, 35 and 50. Irma Caballero, Director Economic Development BACKGROUND INFORMATION In order to receive a "Renewal Community" designation, the City of Corpus Christi adopted a Renewal Community Tax Incentive Plan in December 2002. This plan applied to Census Tracts 1, 3, 4, 10 and 11. The tax incentive plan changed certain ordinances to promote economic growth in the Renewal Community. In 2005, HUD approved a request by the City to expand the Renewal Community census tracts based on the 2000 Census. The request was approved and Census Tracts 5, 7, 13, 35 and 50 were added to the Renewal Community area. The proposed ordinance mirrors action taken in the five original census tracts by offering a reduction in building permit and survey fees in the expanded census tracts. Page 1 of 3 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 14, TO REDUCE BUILDING PERMIT AND SURVEY FEES FOR BUSINESS OPERATIONS IN CENSUS TRACTS 5, 7, 13, 35, AND 50 INCLUDED IN THE EXPANDED RENEWAL COMMUNITY; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Department of Housing and Urban Development designated the City of Corpus Christ's Census Tracts 1, 3, 4, 5, 7, 10, 11, 13, 35, and 50 as a "Renewal Community" eligible to share tax incentives to stimulate job growth and promote economic development: WHEREAS, in December, 2002; the City Council approved the Tax Incentive Utility Plan for the Renewal Community; WHEREAS, the Tax Incentive Utilization Plan included specific actions to be taken to amend ordinances to reduce certain fees for businesses in the Renewal Community; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 14 -202 of the Code of Ordinances is revised to read as follows: "Sec. 14 -202. Definitions. * "Renewal Community means the area of the City of Corpus Christi in City of Corpus Christi Census Tracts 1, 3, 4, 5, 7, 10, 11, 13, 35, and 50 as established by the U. S. Bureau of the Census, as it applies to the reduction in permit and survey fees set forth in Section 14- 1307(b). * SECTION 2. That Section 14 -1307 "Reduced fees" is amended to read as follows: Sec. 14 -1307. Reduced fees * * (b) Permit and survey fees for buildings within Renewal Community are fifty (50) percent of the regular permit fee. However, a reduced permit fee may not be Tess than the minimum fee regularly charged. H: \LEG -DIR\ Shared \GaryS \agenda\2007\2- 27\Ord- Renewal Community doc Page 2 of 3 SECTION 3. The reduced fees and special permit provided herein shall apply when application for the permit is timely made and issued prior to the commencement of the activity SECTION 4. The reduction in fees and issuance of special permit provided for herein shall be effective from the effective date of this ordinance through December 31, 2009. SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a 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 6. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 7. This ordinance shall take effect upon and after publication of this ordinance. H'\LEG- DIR\Shared \GaryS\agendav .200712- 271ord- Renewal Community doc Page 3 of 3 That the foregoing grdinance v�.a read for the first time and passed to its second reading on this the l day of YU , 2007 by the following vote: Henry Garrett, Mayor Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Rex A. Kinnison John E. Marez Jesse Noyola Mark Scott That th.e foregoing ordinance was read for the second time and passed finally on this the Jay 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: CITY OF CORPUS CHRISTI Armando Chapa. City Secretary Approved: February 22, 2007 By: a ' W. Smith Assistant City Attorney For City Attorney Henry Garrett, Mayor H \LEG -DIR'\ Shared \GaryS\agenda12007\2- 27`Ord- Renewal Community doc 20 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: February 27, 2007 a. Public hearing to consider abandoning and vacating a 31,825- square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lots 21 -23, Sec. 32, Flour Bluff & Encinal Farm & Garden Tracts (San Cristobal at Terra Mar Subdivision), south of and adjacent to Victoria Park Unit 7 Subdivision, and approximately 450 -feet southwest of the Oso Parkway street right -of -way. h Ordinance abandoning and vacating a 31,825- square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lots 21 -23, Sec. 32, Flour Bluff & Encinal Farm & Garden Tracts (San Cristobal at Terra Mar Subdivision), south of and adjacent to Victoria Park Unit 7 Subdivision, and approximately 450 -feet southwest of the Oso Parkway street right -of -way; subject to owner's compliance with the specified conditions ISSUE: Urban Engineering of Victoria, on behalf of Hogan Development Company, L.P., is requesting the abandonment and vacation of the dedicated public right -of -way to allow for the future development of a residential subdivision REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map n l igen407\str -do San- CnstobaIM Debbie Marroquin, .E., Interim Director of [development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Urban Engineering of Victoria, on behalf of the Owner /Developer, Hogan Development Company, L.P., is requesting the abandonment and vacation of a 31,825- square foot portion of an undeveloped 20 -foot wide dedicated public right -of -way, out of Lots 21 -23, Sec. 32, Flour Bluff & Encinal Farm & Garden Tracts. The undeveloped ROW to be abandoned and vacated is located in an "F -R" Farm -Rural District. The undeveloped ROW to be abandoned is south of and adjacent to Victoria Park Unit 7 Subdivision, approximately 450 -feet southwest of the Oso Parkway street right -of -way. The said portion of public right -of -way is being abandoned and vacated to allow for the future development of a residential subdivision (San Cristobal at Terra Mar Subdivision). The Owner /Developer, Hogan Development Company, L.P., desires to offset the referenced undeveloped public ROW by dedicating new street ROW within the proposed subdivision plat. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. Owner will also be dedicating public street rights -of -way of greater value with the San Cristobal at Terra Mar Subdivision, to off -set the proposed abandoning and vacating of public right -of -way. The owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A Page 1 of 2 AN ORDINANCE ABANDONING AND VACATING A 31,825- SQUARE FOOT PORTION (0.7306 ACRES) OF AN UNDEVELOPED 20 -FOOT WIDE DEDICATED PUBLIC RIGHT -OF -WAY OUT OF LOTS 21 -23, SEC. 32, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS (SAN CRISTOBAL AT TERRA MAR SUBDIVISION), SOUTH OF AND ADJACENT TO VICTORIA PARK UNIT 7 SUBDIVISION, AND APPROXIMATELY 450 - FEET SOUTHWEST OF THE OSO PARKWAY STREET RIGHT -OF- WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Urban Engineering of Victoria, on behalf of the Owner /Developer, Hogan Development Company: L.P., requested the abandonment and vacation of a 31,825 - square foot portion (0.7306 acres) of an undeveloped 20 -foot wide dedicated public right -of -way, out of Lots 21 -23 Sec 32, Flour Bluff & Encinal Farm & Garden Tracts (San Cristobal at Terra Mar Subdivision), south of and adjacent to Victoria Park Unit 7 subdivision, and approximately 450 -feet southwest of the Oso Parkway street right -of- way The undeveloped right -of -way to be abandoned and vacated is located in an "F -R" Farm -Rural district: and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped right -of -way, subject to the provisions below (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 31,825- square foot portion of the undeveloped 20 -foot wide dedicated public right -of -way is abandoned and vacated, the plat thereof is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, subject to Owner /Developer's compliance with the following specified conditions as part of the abandonment and vacation Staff recommends that payment of the fair market value be waived because City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. Owner will also be dedicating public street right -of -way of greater value on the Valencia at Terra Mar Subdivision, to off-set the proposed abandoning and vacating of public right -of -way. Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and Items of record, must be submitted to the Director of Development Services H \LEG -DIR\ Shared \GaryS1agenda12007\2- 271ORD- FBEFGSanCristobalTerraMar - abandon - vacate.doc Ka*/AWS IasfO a Nies sr//f .•Y.wr 0011.1101( SPSIOIIS4000 $7€' tar/ AIfAK C/ll s lams aware MI/ S Aptrya AP 011 Al■ Y NO IAFM/Ai 1000 S/ A►! eC Y !MO /S AOIAV 50 OfS. /•' K. h' •fsri / / 2 es' .'S / / / % / / / SicrlpN 38 / /// /6 / A 6IIAIS..0.. fl AO' / \ / \ - .144001 1 AAIMMM. 110- islet I FLOUR "r UFF AND &VClAr L tFARN /A AYBsev RDSN TRAM / VIOL NIT ii.lGAS' 1.1-49 / AMP RAM, S / NUSC I COUNT , WAS' / / / 7 / 0. 1306 ACRE 22 4. LEaaro rrr. it AI III CWS/AI 04,5 farll /OW A7rS- MI L O' SfCI /!M tt! SBC710/Y 99 R /Ch'T a' - -#f1' EASEAENT CLOSURE Army • R /AK •s•r Aver M A•w fJhNN As tea II. awe 5J. Swiss M. Pier SAW 000100,001 Ara /ISM A•••• es rmesro it Jn 1Wi f, Arm p-A/ IS Ms Adel��cc AAewr• tar MJey ,lbws, I al. 41W, A-a /f N I. •YVf I IV A4Cl t w aarryf• �' AwY� I. AWMfr A: • N air Is Ab 0. Wm. 4-. /..'/,y t /A✓ewf lMM.-a t., OP. ~ova, a• or Sapavvvy maw- ~Os of rho Off.'c /e/ Merry aJ ,N,••,: Asn/y. r•.M. All/SE Its/ AID Atta/i F /114w,( 40010011 self MAW, M'. We AMP' mar ARr MOW /� 00101 jyROP Ar NOS Mtl Alf Alta" pNK: rrf 1MSatlu `dIK TENRY f. itunui:!C AR 41:8;r117141,110:61,01401, NJ eTtYf •st7RVr1 21 1 . fl."" /7 VOW R W /100..4,.. r 'r rasa tIlff /A /IL OqY /RfC 050 BAY AD/CAW fir H Ispr 9j4,: (4 alisR • 0/10 Me" Cb SIfYfD 1064 sMerrlK. Aar. URBAN SURVEYING. INC. VICTORIA. MIAS sESI l $Th4U7 SCALEI 1' . 400' !m NO, ...1.11.102.... Page 2of2 That the foregoing or finance was raja for the first time and passed to its second reading on this the M-- day of UGiiril , 2007, by the following vote: Henry Garrett VI- Bill Kelly Pv Brent Chesney Mkt Rex A. Kinnison 4§)- John E. Marez Jesse Noyola WW- Melody Cooper Mark Scott "d — Jerry Garcia _....F \\i- 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 Armando Chapa City Secretary APPROVED: February 22, 2007 G ry ' . Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H \LEG- DIR\Shared\GaryS\ agenda\ 2007\ 2- 27 \ORD- FBEFGSanCristobalTerraMar - abandon - vacate.doc 21 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: February 27, 2007 Public hearing to consider abandoning and vacating a 26,310- square foot portion (0.604 acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lot 1, Sec. 32, Flour Bluff & Encinal Farm & Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the HoIIy Road and Wooldridge Road street rights -of -way. Ordinance abandoning and vacating a 26,310- square foot portion (0.604 acres) of an undeveloped 20 -foot wide dedicated public right -of -way out of Lot 1, Sec. 32, Flour Bluff & Encinal Farm & Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the HoIIy Road and Wooldridge Road street rights -of -way; subject to owner's compliance with the specified conditions ISSUE: Urban Engineering of Victoria, on behalf of Hogan Development Company, L.P., is requesiftng the abandonment and vacation of the dedicated public right -of -way to allow for the future development of a residential subdivision REQUM2ED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map 1. ■geM0007\str- cloWalencia -Terra Mar M Debbie Ma •quip, Interim Director of P elopment Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Urban Engineering of Victoria, on behalf of the Owner /Developer, Hogan Development Company, L.P., is requesting the abandonment and vacation of a 26,310- square foot portion of an undeveloped 20 -foot wide dedicated public right -of -way, out of Lot 1, Sec. 32, Flour Bluff & Encinal Farm & Garden Tracts. The undeveloped ROW to be abandoned and vacated is located in an "F -R" Farm -Rural District. The undevebped ROW to be abandoned is southeast of and adjacent to the Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road and Wooldridge Road public rights -of -way. The said portion of public right -of -way is being abandoned and vacated to allow for the future development of a residential subdivision (Valencia at Terra Mar Subdivision). The Owner /Developer, Hogan Development Company, L.P., desires to offset the referenced undeveloped public ROW by dedicating new street ROW within the proposed subdivision plat. All public and franchised utilities were contacted regarding this closure request and no objections were received by any of the utility companies. Staff recommends that payment of the fair market value be waived because City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. Owner will also be dedicating public street rights -of -way of greater value with the Valencia at Terra Mar Subdivision, to off -set the proposed abandoning and vacating of public right -of -way. The owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A Page 1 of 2 AN ORDINANCE ABANDONING AND VACATING A 26,310- SQUARE FOOT PORTION (0.604 ACRES) OF AN UNDEVELOPED 20 -FOOT WIDE DEDICATED PUBLIC RIGHT -OF -WAY OUT OF LOT 1, SEC. 32, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS (VALENCIA AT TERRA MAR SUBDIVISION), SOUTHEAST OF AND ADJACENT TO MONTE VERDE AT TERRA MAR UNIT 1 SUBDIVISION, BETWEEN THE HOLLY ROAD AND WOOLDRIDGE ROAD STREET RIGHTS -OF -WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Urban Engineering of Victoria, on behalf of the Owner /Developer, Hogan Development Company, L.P.. requested the abandonment and vacation of a 26,310 - square foot portion (0.604 acres) of an undeveloped 20 -foot wide dedicated public right - of -way, out of Lot 1, Sec, 32, Flour Bluff & Encinal Farm & Garden Tracts (Valencia at Terra Mar Subdivision), southeast of and adjacent to Monte Verde at Terra Mar Unit 1 Subdivision, between the Holly Road and Wooldridge Road street rights -of -way. The easement to be abandoned and vacated is located in an "F -R" Farm -Rural district; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped right -of -way, subject to the provisions below. (Exhibit) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 26,310- square foot portion of the undeveloped 20 -foot wide dedicated public right -of -way is abandoned and vacated, the plat thereof is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas, subject to Owner /Developer's compliance with the following specified conditions as part of the abandonment and vacation: 1) Staff recommends that payment of the fair market value be waived because City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. Owner will also be dedicating public street right -of -way of greater value on the Valencia at Terra Mar Subdivision, to off -set the proposed abandoning and vacating of public right-of-way 2) Upon approval from Council and ordinance issued, all grants of street closures must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. H \LEG- DIR\Shared \GaryS\ agenda\ 2007\ 2- 27 \ORD- FBEFGValenciaTerraMar- abandon- vacate.doc s/M/AIrl s4SF0 Or *not S/A/f /CAW' [YiMAW( f?r!r /Ja/r& /171f1 of /.K Crrr ar CORMS agar/ rarOht KJ1Cafwri f/ 0/J .MR Y Qf0 /e(WMC l.MV £ Orr 10 Y AM S AWN At WC. N" !Cot' at'f /i SA'C7.1ON /27 4,(031:0144 Ti 4r IV /UM /CM .11r /W/l7JOY .tas 4Ct at rfs0. /ACf!r7 atf0 A4000'J revel IOW 4•4■ SECT /ON 28 / .� 1144 ) .1,, SECTION 81 ti �,` ez L �:(►. err 0.501 ACRE // \ \ ` / / SECTION/ 12 000' Opts 0VISJI maw! rm. met ttV M/JAVIr [arms" / / / OUNCE S Gsaafs. wit . fr 0a' ro \ ?*i- ara1Cf I. C//AES. M. !.w // r I /YI/EO / larradw2/. 1 V. . \\`` //77III \ / FLOUR BLUFF A /VD /ENCINAL AND OARDA / TRACTS VOL Oil! A, PAGES 11-4.3 i• ' . .i/AP I A'CORDS / \ rVUF,C S &UA/TY, 7'F.XAS / / \ / / / ■ AGt4Er MA/ !1M TJL T ar A 0.501 Ale' MC! a? SIVA' a /Ave S //wrf0 /N 40r 1. stairs Jt. !Oadt Or! Ara LK'/A4q 24, F 4 0INfOV MCI?. ar ArCar0 tN Mlle /. Mart sr-4.1 ar 4J. AYC0 'S Or 041317 ?LW?: r[sss. sows saw es MI hVatiO Or Arrows/ .ssts0 MO AIM /OAT .40 ACC014r f /1O0M T in rst WV a' MY 1V? fair AV NY " ...... 4- v:y .7, • 3, •.4K0 IWO, AV AC401 mar me /AD/CA/ES AVM iN /ACV "4g7 255,45 • star senor same w S/A4ICO 1 s5 SUbfr7Ai /AC. URBAN SURVEYING. INC. YIC1f7Rfl. 'C4a11 (31111 41x4137 d r /. /C.t `` 'frfAV'O 155/o4o[ �I44 4h>r'r4 . ` /ExAS 4 /s/J n'C l i .7V'�Dcp That the foregoing o.Ainirce was r reading on this the - day of Henry Garrett Brent Chesney John E Marez Melody Cooper Jerry Garcia Page 2 of 2 for th,first time and passed to its second , 2007, by the following vote: That the foregoing ordinance the day of Henry Garrett Bill KeIIy Brent Chesney _ Rex A. Kinnison John E Marez Jesse Noyola Melody Cooper Mark Scott Jerry Garcia Bill KeIIy Rex A. Kinnison Jesse Noyola Mark Scott was read for the second time and passed finally on this , 2007, by the following vote: PASSED AND APPROVED, this the day of , 2007. ATTEST Armando Chapa City Secretary APPROVED: February 22, 2007 ACSoyeL_ G'ry 1M. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor H U_EG- DIR\Shared \GaryS\agenda1 2007\ 2- 27\ORD- FBEFGValenciaTerraMar- abandon- vacate.doc 22 AGENDA MEMORANDUM PUBLIC HEARING — ZONING ( City Council Action Date: 03/20/07) Cos, No. 0247 -02, Irme Rowan Gomez & Richard O. Serna: A change of zoning from a "R -1$" One- family Dwelling District & "AB" Professional Office District to a ;B -1" Neighborhood Business District on property described as Windsor Park Unit 4, Block 34, Lots 12 and 13, located along Everhart Road and approximately 300 feet north of McArdle Road. Plagpine Cjnmission & Staffs Recommendation (February 7, 2007): Approval of the '`B -1" Neighborhood Business District. Reggested Council Action: Approv al of the "B-1- Neighborhood Business District. Samatlary: • The subject property consists of two adjacent platted lots located east along Everhart Road and approximately 300 feet north of McArdle Road. The applicant is requesting a change of zoning for the subject property from "R-1B- One - family Dwelling District (Lot 13) and "AB" Professional Office District (Lot 12 F to "B -1'" Neighborhood Business District for both lots. • A skin care clinic /beauty salon with associated retail sales on a 7,800 square foot lot is proposed for the development of Lot 13, which is currently used for single - family residential purposes. The applicant proposes continued use of Lot 12 as a real estate office with potential commercial retail sales Each lot contains 7,800 square feet or 0.178 acres. The applicant has operated Irme's Skin Care Clinic, located on Everhart Road approximately 3,000 feet north of the proposed location, for ten years. The clinic provides various skin care and salon services with retail sales for associated products. • Each lot has direct access to Everhart Road, an arterial. • North of the subject property is designated "AB" Professional Office District and "B -1" Neighborhood Business District. South of the subject property, along Everhart Road, the adjacent property is designated `AB" Professional Office District and is used as a home health office. To the east, the adjacent property is designated "R -1B'' One - family Dwelling District and is used for single - family residential purposes. Directly to the west, property is designated "AB" Professional Office District for use as a United States Post Office. • Over the past decade, properties along Everhart Road, south of South Staples Street and north of South Padre Island Drive, have been transitioning to nonresidential uses. Such uses include offices, retail shops, and medical uses. The requested "B -1" Neighborhood Business District is consistent with the future land use map which recommends commercial uses. agenda lemorandurr; Lase No 02°' -02 (lrme Roldan ( -omez R,,nard')erna) Pag 2 Notileation: Of the thirty. (30) notices mailed to the surrounding property owners, sixteen (16) were returned in favor and zero 0) were returned in opposition. The 20% rule is not invoked. This case is considered non- controversial. Deborah A. Marroquin, P.E. Interim Director of Development Services \1(1 /F6 M Zoning Map Planning Commission Minutes (02/07/07) Ordinance pI •.PLN -DIR SHARED\BeverlY'20(r (X 0207 -0.' AGENT )AMEMO doc 1. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday - February 7, 2007 5:30 P.M. COMMISSIONERS PRESENT: R. Bryan Stone, Chairman Rudy Garza. Vice Chairman Fred Braselton Atilano J. Huerta FA on J. Kelly Johnny R. Martinez Michael Pusley *Arrived at 5 42 p in. .lames Skrobarczvk John C. Tame? COMMISSIONERS PRESENT: CALL TO ORDER - 5:30 p.m. A quorum was declared present and the meeting was called to order at 5:30 p.m. STAFF: Debbie A. Marroquin, P.E. Interim Director of Development Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saldaiia, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Mic Raasch, City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary 2. New Zoning a, Case No 020? -02 lrme Roldan Gomez & Richard O. Serna: A change of zoning from a "R-1B- One- Family Dwelling District and "AB" Professional Office District to a "B -1" Neighborhood Business District Windsor Park Unit 4, Block 34, Lots 12 and 13, located east along Everhart Road and approximately 300 feet north of McArdle Road. Robert Payne presented the above case requesting a "B -1" Neighborhood Business District on two platted Tots for the purpose of developing a skin care clinic/beauty salon and to make available commercial capabilities for an adjacent lot. The existing land use is low - densit■ residential and a professional office for the subject property. The future land use map falls for mostly commercial development. There were thirty (30) notices mailed out with sixteen (16) notices returned in favor and zero returned in opposition. Staff recommends appro%al of the `B -1" Neighborhood Business District as submitted. Public hearing was opened. Richard Serna, 5329 Fulwell, Corpus Christi, Texas stated ownership of a ten year old real estate business located on Lot 12 which at the time of the purchase was zoned an 'AB" Professional Office District, Mr. Serna stated his intention is to continue conducting Plannula Commiss,on Minhses Fehrua■ 200' real estate business at this location with no commercial aspirations at this time but would like the rezoning for future potential commercial uses. Mr. Serna thanked the Commission for their consideration. lrme R. Gomez, 745 EAerhart, Corpus Christi, Texas stated that she would like to relocate her existing skin care clinic at 745 Everhart to 4814 Everhart (subject property —Lot 13 ) Ms. Gomez stated that she will be remodeling the house to a clinic and has been approved for an SBA I,7 an. Public hearing was closed. Motion for approval for a "B -1'' Neighborhood Business District was made by Commissioner Pusle■ and seconded by Commissioner Martinez. Motion passed unanimously, H i D[RISHARED\Beved. X200.7 (' 1),,07 -0 "' \1inutes.doc CITY COUNCIL ZONING REPORT Case No. 0207 -02 City Council Hearing Date: March 20, 2007 °a ea Applicant: Irme Roldan Gomez and Richard O. Serna - Owners: Dorothy O'Brian and Richard O. Serna ati 11 E E Agent: Cliff Atnip a a Legal Description/Location: Windsor Park Unit 4, Block 34, Lots 12 and 13, located east along Q D Everhart Road and approximately 300 feet north of McArdle Road. From: -R-113- One - family Dwelling District and "AB" Professional Office District To: "B -1" Neighborhood Business District 1 Area: 0.358 acres s Purpose of Request: To develop a skin care clinic/beauty salon and to provide for commercial capabilities. Existing Zoning and Land Uses 4 m Area Development Plan: Southeast - Overall, the Comprehensive Plan Elements are supportive of the requested "B -1 " District. The Southeast Area Development Plan's adopted future land use map recommends that Everhart Road develop with professional office and neighborhood commercial uses. > Map No.: 04303 7, 04403 "' Zoning Violations: None Zoning Existing Land Use Future Land Use Site "R -1B" One - family Dwelling District and "AB" Professional Office District Low - density Residential and Professional Office Commercial C Vorth F "AB" Professional Office District Low - density Residential, vacant house Commercial South "AB" Professional Office District Professional Office, home health office Commercial East rWest "R-1B" One - family Dwelling District Low- density Residential Low - density Residential "AB" Professional Office District Professional Office. U.S. Post Office Commercial 4 m Area Development Plan: Southeast - Overall, the Comprehensive Plan Elements are supportive of the requested "B -1 " District. The Southeast Area Development Plan's adopted future land use map recommends that Everhart Road develop with professional office and neighborhood commercial uses. > Map No.: 04303 7, 04403 "' Zoning Violations: None /Oiling Report Case No. 0207 -02 ; "lrme Roldan Gomez and Richard O. Serna) Page 2 Staffs Summary • The subject property consists of two adjacent platted lots located east along Everhart Road and approximately 300 feet north of McArdle Road. The applicant is requesting a change of zoning for the subject property from "R -1B" One - family Dwelling District (Lot 13) and -AB- Professional Office District (Lot 12) to "B -1" Neighborhood Business District for both Tots. • A skin cart clinic /beauty salon with associated retail sales on a 7,800 square foot lot is proposed for the development of Lot 13, which is currently used for single - family residential purposes The applicant proposes continued use of Lot 12 as a real estate office «ith potential commercial retail sales. Each lot contains 7,800 square feet or 0.178 acres. • The applicant has operated Irme's Skin Care Clinic, located on Everhart Road approximately 3.000 feet north of the proposed location, for ten years. The clinic provides various skin care and salon services with retail sales for associated products. • Each lot has direct access to Everhart Road, an arterial. • North of the subject property is designated "AB" Professional Office District and "B -1" Neighborhood Business District. South of the subject property, along Everhart Road, the adjacent property is designated "AB" Professional Office District and is used as a home health office. To the east, the adjacent property is designated "R-1B" One - family Dwelling District and is used for single - family residential purposes. Directly to the west, property is designated '`AB" Professional Office District for use as a United States Post Office. • Over the past decade, properties along Everhart Road, south of South Staples Street and north of South Padre Island Drive, have been transitioning to nonresidential uses. Such uses include offices. retail shops, and medical uses. • The requested "B -1 Neighborhood Business District is consistent with the future land use map which recommends commercial uses. Street Everhart Road Type Paved Section Arterial 80' R.O.W. w/ 60' pavement, four lanes, one turning lane Volume (2001) 30,500 a.d.t. The subject property consists of two platted lots. • The Everhart Road corridor is successfully transitioning to office and retail uses as recommended by the Southeast Area Development Plan. • Conversion from single - family to commercial requires the structure to be compliant with the Building Code. Zoning Report Case No. 0207 -02 (Irme Roldan Gomez and Richard O. Serra) Page 3 a d Approval of the "13-1- Neighborhood Business District. r 1 Recommendation Approval of the "B -1" Neighborhood Business District. / Number of Notices Mailed - 30 Favor 16 Opposition 0 As of March 6. 2007) Attachments: Zoning Map H .PI.N- DIR\SHARED \Beverly\2007 PC\ZONRPTS \February\CC: Reports\0207 -02 Irme Gomez.doc 6 -A OSAGE R -1 B & AB TO B -1 AB PARK TEFL /c P /89 -07 AB /SP Y VILLAGE R RE RA R R LB R A -.A A' Aa -a- 'arm Rural District Residential Estate District One Family Dwelling District One Family Dwelling District One Family Dwelling District One Family Dwelling District Apartment House District Apartment '+ouse District Apartment i-ouse District Apartment - ourist District. rofesSiona- Office District 14R .r 15 7 11R 16710 Case 0207 -02 NOTICE MAP R-Tr, Townhouse Dwelling District R -2 Multiple Dwelling District --IA Travel Trailer Park District --18 Manufactured Home Park Distric-: -IC Manufactured Home Subdivision District HC Historical- C.vturai - andmark Preservation -2 -3 SP PUD Light industrial District Heavy Industria District Special Permit Planned Un,t Development 8 -1 Neighborhood Business District 8 -1A Neighborhood Business District 8 -2A Barrier Island Business District 8 -2 Bayfront Business District BD Corpus Christi Beach Design Dist. B -3 Business District 8 -4 8 -5 8 -6 I-1 General Business District Primary Business District Primary Business Core District Limited Industrial District W PE V 0 100 200 Feet 01/23/07 SRR AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY IRME ROLDAN GOMEZ AND RICHARD O. SERNA, BY CHANGING THE ZONING MAP IN REFERENCE TO WINDSOR PARK UNIT 4, BLOCK 34, LOTS 12 AND 13, FROM "R-1B" ONE - FAMILY DWELLING DISTRICT AND "AB" PROFESSIONAL OFFICE DISTRICT TO "8-1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of lrme Roldan Gomez and Richard O. Serna, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 7, 2007, during a meeting of the-Planning Commission, and on Tuesday, March 20, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI. TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Windsor Park Unit 4, Block 34, Lots 12 and 13, located east of Everhart Road and approximately 300 feet north of McArdle Road from -R-1B" One - family Dwelling District and "AB" Professional Office District to "B -1" Neighborhood Business District. (Zoning Maps 043037 and 044037) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached. the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of March, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: March 14. 2007 ds, Gdry 1fi1. Smith Assistant City Attorney For City Attorney Henry Garrett. Mayor, City of Corpus Christi \LEG -DIR\ Shared \Ga *yS\agenea1200713- 2)'•,Ord- 0207 -02 Gomez Serna REG doc Page 3 of 3 Corpus Christi, Texas day of ___ -- , 200-' TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H \LEG -DIR\ Shared \GaryS \agenda12007 \3 -20 \Ord - 0207 -02 Gomez Serna REG.doc 23 AGENDA MEMORANDUM PUBLIC BEARING — ZONING (City Council Action Date: 03/20/07) Case,No. 0207 -03, Rodd Field 19, Ltd.: A change of zoning from an "A -1" Apartment House District to an "AB" Professional Office District on property described as 13.24 acres out of the southwest one -half of Lots 7 and 8, Section 19. Flour Bluff and Encinal Farm and Garden Tracts, located 400 feet west of Rodd Field Road and approximately 700 feet south of Holly Road. P1aninE Commission & Stan's Recommendation (February 7,20071: Approval of the `'AB" Professional Office District. Rewsted Council Action: Approval of the `AB" Professional Office District. Summary. Land Use: The applicant is requesting a change of zoning from "A -1" Apartment House District to -AB" Professional Office District to allow for development of a hospital and medical offices. The subject property consists of 13.24 acres and is located 400 feet west of Rodd Field Road and approximately 700 feet south of Holly Road. The entire development will include the `B -4" General Business District tract which is adjacent to the east and fronts on Rodd Field Road. Pad sites for office uses will be included on the subject property, as well as the adjacent `B-4" zoned property. Specific development plans are not available at this time. • Transportation: Development of this property with the proposed development would generate approximately 1,200 vehicle trip ends per day. Access will be provided to Rodd Field Road which is improved with four travel lanes and a continuous center turn lane. The current traffic levels on Rodd Field Road (22,090 ADT) are at 55 percent of existing roadway capacity. The I Trban Transportation Plan calls for the roadway ultimately to be widened to six travel lanes with a 6 foot wide median. This future widened roadway will accommodate an additional 20,000 average daily trips per day, which would result in only 37 percent of the ultimate capacity of the roadway currently used. • Utilities: The proposed development will have water and wastewater connections. Notition: Of the thirty-three (33 notices mailed to the surrounding property owners, one (1) was returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. MG FGM/blp Attachments: 1 Zoning Map 2 / Planning Commission Minutes (02/07/07) 3 Ordinance 0 PI 'V- DIP \SHARED\Bever yA2007 _ C10207 -03 \GENDAMEMO.do, eborah A. Marroquin, P.E. Interim Director of Developme Services I. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — February 7, 2007 5:30 P.M. COMMISSIONERS PRESENT R Bryan Stone. Chairman Rudy Garza. Vice ('hairman Fred Braselton Atilano J. Huerta Evon J. Kelp Johnny R. Martine., Michael Pusley *Arrived at S 42 p m. James Skrobarczyk Jahn C. Tamez COMMISSIONERS PRESENT CALL TO ORDER — 5:30 p.m. A quorum was declared present and the meeting was called to order at 5:30 p.m. STAFF: Debbie A. Marroquin, P.E. Interim Director of Development Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Miguel S. Saida-la, AICP, Senior City Planner Robert Payne, AICP, Senior City Planner Mic Raasch. City Planner Gary Smith, Assistant City Attorney Gail Perry, Recording Secretary V. ZONING 2. New Zoning Case No 0207 -03 Rodd Field 19, Ltd.: A change of zoning from an "A -1" Apartment House District to an "AB" Professional Office District 13.24 acres out of the southwest one -half of Lots 7 and 8, Section 19, Flour B Tuff and Encinal Farm and Garden Tracts, located 400 feet west of Rodd Field Road and approximately 700 feet south of Holly Road. Mic Raasch presented the above case requesting an "AB" Professional Office District for the purpose of developing a hospital and medical offices to be located west of Rodd Field Road and south of Holly Road. fhe subject property consists of 13.24 acres with proposed development to connect to the property which fronts on Rodd Field Road and currently zoned a "B -4 General Business Distric€ Vehicular access will be exclusively from Rodd Field Road. No traffic will be accessed through the surrounding residential neighborhoods. Mr. Raasch stated there were thirty- three (33) notices mailed out with one (1) received in favor and zero (0) returned in opposition. Staff recommends approval of the "AB" Professional Office District. In answer to Commissioner Pusley, Mr. Raasch stated the building setback from residential properties fronting on Savo. Street on to the subject property will be 25 feet. lannim:_ Commission Minute •ebruar ', 2007 'age (, In answer to Commissioner Tamez, Ms. Goode -Macon stated the lighting requirements or this development is the same as an "A -I" Apartment House District. Public hearing was opened. Julie Hampton, 2206 Savoy Street, Corpus Christi, Texas stated opposition to the above zoning request along with many of the neighbors having the same opinion. The area is primarily farmland which makes this request inconsistent to the area. The lighting and noise is a concern along with property values being lowered and having our backyards connecting to the subject oropert\ Commissioner Pusley stated that the '`AB" Professional Office District is probably a Netter option than the current zoning of °`A -1" Apartment House District which only requires ten toot setback and may include overhanging balconies. One option may be for the neighborhood to meet with the applicant and possibly agree to include some deed restrictions to handle the lighting issues, etc. Tim Cower. Gower & Company (owners of Rodd Field 19), Corpus Christi, Texas stated that this propert) is located on a major arterial, Rodd Field Road. To the south of the subject property is an "1 -2" Light Industrial District with Bay Area Mini Storage located in that area and to the east is business zoning. Traffic will not be overly active with mixed medical offices and some surgical units which won't carry a high volume of traffic. The entrance will be nt Rodd Field Road with the "B-,1" General Business District zoning located in the front portion. Regarding the lighting, we will make every effort to keep the lighting directed away from the adjoining residences to the west. Public hearing was closed. Motion for approval of the "AB" Professional Office District was made by Commissioner Braselton and seconded by Commissioner Tamez. Motion passed unanimously. vPLN -I 0RvSHAREDvBeverly2)Q7 CC.020 " -03 Minutes,doc CITY COUNCIL ZONING REPORT Cast No.: 0207-03 City Council Hearing Date: March 2( 2007 Applicant: Rodd Field 19, Ltd Owner: Same as Applicant Agent: The Clower Company Legal Description/Location: 13.24 acres out of the southwest one -half of Lots 7 and 8, Section 19, Flour Bluff and Encinal Farm and Garden Tracts, located 400 feet west of Rodd Field Road and approximately 700 feet south of Holly Road. tic a From "A- I Apartment House District o To: '`AB Professional Office District Area: 13.24 acres tx Purpose of Request: To allow for the development of a hospital and medical offices. Zoning Site "A -1'' Apartment House vacant District Vorth `F -R" Farm -Rural District Vacant Existing Land Use Future Land Use Medium Density Residential Medium Density Residential South °'1-2" Light Industrial District Vacant, Public Semi - Public East "B -4'' General Business } Vacant District West .'R-1B- One - family Duelling f I,ow Density Residential District Commercial and Public Semi - Public Commercial Low Density Residential es C I. Area Development Plan Southside; The Future Land Use Map supports medium - density residential uses adjacent to commercial and low - density residential uses. A modification to the future land use map for medium density "AB" Professional Office uses is acceptable. Map No.: 041033 Zoning Violations: None Z ni ag Report Case No 0.07 -03 (Rodd Field ' 9. Ltd .) Paget E • Land Use: The applicant is requesting a change of zoning from "A -1" Apartment House District to "AB" Professional Office District to allow for development of a hospital and medical offices. The subject property consists of 13.24 acres and is located 400 feet west of Rodd Field Road and approximately 700 feet south of Holly Road. The entire development will include the "B -4" General Business District tract which is adjacent to the east and fronts on Rodd Field Road. Pad sites for office uses will be included on the subject property, as well as the adjacent '`B -4" zoned property. Specific development plans are not available at this time. • Transportation: Development of this property with the proposed development would generate approximately 1,200 vehicle trip ends per day. Access w ill be provided to Rodd Field Road which is improved with four travel lanes and a continuous center turn lane. The current traffic levels on Rodd Field Road (22,090 ADT) are at 55 per cent of existing roadway capacity. The Urban Transportation Plan calls for the roadway to be ultimately widened to six travel lanes with a 16 foot wide median. This future widened roadway will accommodate an additional 20,000 average daily trips per day, which would result in only 37 per cent of the ultimate capacity of the roadway currentl. used • Utilities: The proposed development will have water and wastewater connections. Street a-- Type Arterial Dig ided Rodd Field Road j Planned A ? Primary Arterial - R.O.W. L_ Paved Section 130' ROW, 81' BB with 4 travel lanes and continuous center turn lane Planned 100' Back to Back pavement, 6 travel lanes Volume (2001) 22,090 a.d.t. 1,3 Fhe subject property is not platted. v. � A �r! ing Keport C.`ase No 0207 -03 Rodd Field 19_ iad Ripe 3 Department Comments While the use of the property is not specifically consistent with the medium - density residential proposed uses in the City's Future Land Use Plan, a hospital and medical office uses will generate very few negative impacts to the only adjoining neighborhoods located to the west. In addition, there will not be any impact to the existing residential street system of the surrounding neighborhoods, since there Cs no connection of the property to these residential streets. Therefore, the proposed use is an acceptable change to the Comprehensive Plan. = as E Approval of the "AB" Professional Office District. Cs: _ E' w Approval of the "AB' Professional Office District. o. o o J u v. Number of Notices Mailed — 3 E 4 Favor — I E E Opposition — 0 QC (As of March 7. 2007) Attachments: Zoning Map H.,PLN- DIR\SHARED \Beverly12007 PC.- "2ONRPTS \February\0207 -03 Rodd Field 19.doc R Farm Rural Distract RE Residential Estate District RA One Family Dwelling District R -1A One Family Dwelling District R-18 One Famgy Dwelling District R -1C One Family Dwelling District A 1 Apartment House District A 1A Apartment House District A •2 Apartment House District A'. Apartment- Tourist District A8 ProfesSionai Office District Case 0207 -03 1 NOTICE MAP R -TH Townhouse Dwelling District R -2 Multiple Dwelling District T -1A Travel Trader Park District T -18 Manufactured Home Park District T -IC Manufactured Home Subdivision District HC Historical- Cultural Landmark Preservation t -2 L.est Industrial District 1 -3 Heavy Industrial District SP Special Permit PUD Planned Unit Development 5-1 Neighborhood Business District 8 -1A Neighborhood Business District 8 -2A Barrier Island Business District 8-2 Bayfront Business District BD Corpus Christi Beach Design Dist. 8 -3 Business District B -4 General Business District 8 -5 Primary Business District 8 -6 Primary Business Core District 1 -1 Limited Industrial District 0 150 e1111111M11•11• Feet HK/22JANO7 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY RODD FIELD 19, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO 13.24 ACRES OUT OF THE SOUTHWEST ONE -HALF OF LOTS 7 AND 8, SECTION 19, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "A -1" APARTMENT HOUSE DISTRICT TO "AB" PROFESSIONAL OFFICE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Rodd Field 19, Ltd., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 7, 2007, during a meeting of the Planning Commission, and on Tuesday, March 20, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard. and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 13.24 acres out of the southwest one -half of Lots 7 and 8, Section 19, Flour Bluff and Encino! Farm and Garden Tracts, located 400 feet west of Rodd Field Road and approximately 700 feet south of Holly Road from "A -1" Apartment House District to "AB" Professional Office District. (Zoning Map 041033) (Attachment) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of March, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary APPROVED: March 14. 2007 ry . Smith Assistant City Attorney For City Attorney Mayor, City of Corpus Christi H \LEG -DIR\ Shared \GaryS\agenda 2007\3- 20 \0rd- 0207 -03 Rodd Field 19 REG.doc Page 3 of 3 Corpus Christi. Texas day of 20C" TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A Kinnison Melody Cooper Jesse Noyola Mark Scott H 1LEG -DIR Shared \GaryS\agenda12o0713 -2C \Ord- 0207 -03 Rodd Field 19 REG.doc F RE RA R IA R -LB R- A-IA A -2 AB b Farm R;.ral District Residential Estate District One Family Dwelling District One Family Dwelling District One Family Dwelling District One Family Dwelling District Apartment House District Apartment House Distract Apartment House District Apartment - Tourist Distract Profess!onal Office Distr .ct R 'H T -!A i T .0 Hf Case 0207 -03 NOTICE MAP Townhouse Dwellrng District Multiple Dwelling District Travel Trader Park District Manufactrred home Park District Manufact.ued Home Subdivisior District Historicai Cultural _andmark Preservation Light Industriai District Heavy Industrial District Si Special -ermit P. D Planned :lit Development B -1 B -1A 8 -2A B -2 BD 8 -3 B -4 B -5 B -6 I-1 Neighborhood Business District Neighborhood Business District Barrier Island Business District Bayfront Business District Corpus Christi Beach Design Dist. Business District General Business District Primary Business District Primary Business Core District Limited Industrial District • 0 150 300 Feet HK /22JANO7 24 AGENDA MEMORANDUM PUBLIC HEARING — ZONING Time Extension for Special Permit (City Council Action Date: 3/20/07) Case No. OZ05 -04-BL Real Estate Holding Company (Bluffs Landin¢ Marina): An ordinance granting a time extension of two years for a special permit for an event center in a "R -1C" One - family Dwelling District, on property described as Tyler Subdivision, Block 1, Lots 2 and 12, located approximately 400 feet north of aguna Shores Drive between Wyndale Drive and Claudia Drive: and declaring an emergency. Stars Recommendation : Approx al of the time extension to March 29, 2009, for the Special Permit for an event center on Tract 1 Regiested Council Action: Appro% al of the time extension to March 29, 2009, for the Special Permit for an event center on Tract 1 Purpose of Request: A change of zoning on Tract 1 from "R -1C" One - family Dwelling District to "R-1C" with a Special Permit for an event center was approved by the City Council on March 29, 2005. The Special Permit was issued for one year and was to expire on March 29, 2006. A time extension of one year to March 29, 2007, was granted in March 2006. The applicant is requesting a second time extension because he is in the process of acquiring additional adjacent properties to overcome difficulties in development of the proposed event center. The applicant needs additional time to acquire, rezone, redesign and construct the proposed event center and any additional structure(s) that may be required. Sumusary • Existing Land Use: The subject property, is low density residential and vacant. • Density: Minimum lot area permitted in the "R-1C" District provides for a minimum lot area of 4,500 square feet and minimum lot width of 45 feet with a front yard setback of 20 feet. • Transportation: Laguna Shores Drive is proposed in the Urban Transportation Plan as a two lane parkway collector with a capacity of 5,000 trips per day. Claudia Drive is a local street and Wyndale Drive is a local collector street with a capacity of 2,500 trips per day. The event center would generate approximately 117 average daily trips, all of which would gain access to the event center parking lot via Laguna Shores Drive and Wyndale Drive. Both Wyndale Drive and Laguna Shores Drive would accommodate the additional traffic projected by the proposed use. .:enda \temoranduir .tse No 02-05-04 (BI Real Estaw Holding ) NairLandin Marina) Page 2 Comprehensive Plan and Land Use Compatibility. The proposed event center use is consistent with the Future Land 1 se Plan and the Flour Bluff Area Development Plan. 0,,k1 Deborah A. Marroquin, P.E. Interim Director of Development Services M(1 /MR Attachments: Planning Commission Minutes (2'23/05) 2°) BL Real Estate Holding Co. Letter (1/26/07) Zoning Report (3/29/05) a l Ordinance No. 026193 Ordinance No 026696 PLN- i)IP. SHARED' Be.) erl 20(1' CC°0205 -(4 (2nd rime ext) AGE NDAMEMO.doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — February 23, 2005 5:30 P.M. COMMISSIONERS PRESENT: David Berlanga, Chairman Bryan Stone. Vice Chairman Fred Braselton Rudy Garza Shirley Mims Eloy H. Salazar Richard Smith COMMISSIONERS ABSENT: Michael Pusley Robert Zamora STAFF PRESENT: B. A. Holly, AICP, Director of Development Services Michael N. Gunning, AICP, Assistant Director of Development Services Mary Frances Teniente, PE, Assistant Director of Development Services Oscar Martinez, Assistant City Manager/ Support Services Lucinda Beal, Recording Secretary Faryce Goode - Macon, City Planner Miguel Saldana, AICP, City Planner Mic Raasch, AICP, City Planner Joseph Harney, Assistant City Attorney CALL TO ORDER Chairman Berlanga called the meeting to order at 4:36 p.m. NEW ZONING CASES 0205-04 - BL Real Estate Holding Company, LP Request: "R -1C" One- family Dwelling District to a'B -2" Bayfront Business District on Tract 1 and "R-1C" One - family Dwelling District to an "AT" Apartment- Tourist District on Tract 2, resulting in a land use change from low- density residential to resort business — Tract 1 and a low density residential to apartment tourist — Tract 2 on property located east of Laguna Shores Drive, north of Wyndale Drive and Claudia Street. Excerpts from Zoning Report The applicant is requesting a change of zoning to "B -2 "" Bayfront Business District on Tract 1 for the development of an event center as an accessory use to the recently redeveloped commercial marina and restaurant uses across Wyndale Drive and to "AT" Apartment Tourist District on Tract 2 for the development of a 26 unit motel. Tract 1 has direct access to a collector street, Wyndale Drive, with secondary access to Claudia Drive, a local street. Traffic generated by the event center would primarily use Wyndale Drive via Laguna Shores Drive, the primary collector street serving this area. Tract 2 has direct access to a local street. Claudia Drive, and is located at the intersection with Laguna Shores Drive. I''anning C omnnssior wtinutc E bruary 2 z 2005 Page2 the event , enter use (Tract 1) classified as a restaurant/drinking place use would generate approximately 1 1' average daily vehicles. The 26 unit motel (Tract 2) would generate approximately 230 average daily vehicles. Laguna Shores Road would accommodate the additional traffic projected by the proposed uses. A water /wastewater demand of the proposed restaurant/drinking place use (Tract 1) is projected at 800 gallons per day with a solid waste demand of 340 lbs. daily. A water /wastewater demand or-the proposed motel use (Tract 2) is projected at 644 gallons per day with a solid waste demand of 232 lbs. daily. Tract 1 - The "B -2" District allows for signs not exceeding sixty (60) square feet in area and used only to advertise the principal business or activity conducted on the premises. For each one (1) foot of lot frontage in excess of one hundred (100) feet, one (1) additional square foot of sign area shall be permitted, provided the total sign area shall not exceed two hundred and sixty (260) square feet The permitted square feet in sign area may be divided among several smaller signs, provided only one sign, not attached flat against a wall of the building shall be permitted for each lot or other area greater than one lot under one ownership. No sign which is other than flat against the wall shall in any event exceed one hundred fifty (150) square feet in area. In no case shall any sign project above the height of the building, and if attached flat against a wall of the building such sign shall not project more than eighteen (18) inches from the wall of the building or structure. No signs shall he permitted, regardless of size, which revolve, whirl, move, flash, or make noise. No agency of the City of Corpus Christi may grant a variance, exception, or take any action which would permit sign to be erected in excess of the size provided herein or different from the provision. contained herein. Tract 2 - i'he "A F District allows accessory buildings and uses including signage not exceeding sixty (60) square feet in area and used only to advertise the principal business or activity conducted on the premises For each one (1) foot of lot frontage in excess of one hundred ( 00) feet. (1) additional square foot of sign area shall be permitted provided the total sign area shall not exceed two hundred sixty (260) square feet. The permitted square footage of sign area may be divided among several signs, provided only one (1) sign not attached flat against a wall of the building shall be permitted for each lot or premise and provided that only one (1) wall sign shall be permitted per street frontage. The one (1) freestanding sign shall not, in any event, exceed sixty (60) square feet in area or twenty (20) feet in height. In no case shall any wall sign project above the height of the building, and when attached flat against a wall of the building such sign shall not project more than eighteen (1g) inches from the wall of the building or structure. No signs shall be permitted, regardless of size, which revolve, whirl, move, flash, or make noise. No portable signs shall be permitted. A change of zoning to a "B -2" Bayfront Business District on Tract 1 does not ensure added protection to the adjoining residential areas. However. a new Special Permit in the "R- 1 C " /SP District would allow for the requested uses while providing protection for the adjacent residential uses. A change of zoning to a "AT" Apartment- Tourist District on Tract 2 is consistent with the future land use map and is recommended. Department Comments: The objectives of economic development of shoreline areas accessible by navigable channels for marinas will be significantly enhanced by these changes of zoning while at the same time providing protection for the surrounding residential area. 1 RACT I : Denial of the "B -2" Bayfront Business District on Tract 1 and, in lieu thereof, approval of a Special Permit for an events center with the following conditions: i`!attning ( ommi;sien ute, ebruary 23 200s °ace3 1. USE: The only use authorized by this Special Permit other than the basic "R -1C" One - family Dwelling District uses in the Tyler Subdivision, Lots 1 & 12, is an accessory banquet hall to the existing restaurant and marina located across Wyndale Drive and parking to serve the proposed banquet hall and the existing restaurant and marina. Preparation of food is not permitted at this location. Only catered food or food not requiring cooking is permitted to be served. 2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on Sunday through Thursday and 6:00 AM until 11:00 PM on Fridays and Saturdays. LIGHTING All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet n height. 4. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any, trash receptacle with a six foot solid fence with gate is required. 5. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning Ordinance. a minimum of four palm trees with a minimum of seven foot trunk height on minimum 20 foot on center spacing must be located within the 20 foot setback areas of the subject property 6. TIME LIMIT: The Special Permit shall expire within one year from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit. 7. SETBACK. A 20 foot minimum building and parking setback along Wyndale Drive and Claudia Drive shall he maintained, no driveway is permitted within the setback area along Wyndale Drive. 8. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in height to serve as visual and sound barriers shall be maintained along all perimeters where the proposed banquet hall is adjacent to or across any public street from residential uses. The walls must be covered with evergreen vines within two years of the date of this ,ordinance The walls must be setback a minimum of 20 feet from the adjacent street rights- of -wav Live entertainment and/or disc jockey music will require the garage doors of the event center to be closed. TRACT 2 Approval of the ' AT' Apartment- Tourist District on Tract 2 Public hearing was opened Spence Collins, applicant, P.O. Box 5943, Austin, Texas, appeared before the Commission. He provided drawings of the project as it would be completed and discussed them with the Commission and audience Jose Olivarez. -705 Steinberg Lake, stated that he owns property near Tract 2, 4218 Laguna Shores. He expressed concerns regarding flooding on the property and resulting from the subject property. He said that there would be potential problems resulting from trash and fencing when the motel is built. P- anning ( oninEisnion nuter F,!bruan 4 2(4)5 Paige 4 Mary Frances feniente. Assistant Director of Development Services, explained that drainage mould be addressed and reviewed during the building permit process. Bob Ealy, 4114 Claudia. also expressed concerns regarding flooding and added traffic as an issue. He requested that there be "tighter" language in the report and that an occupancy limit be placed on the even, center Mr lasly also requested that live music and game room be omitted from the uses, Mr. Gunning explained that the occupancy rating would be addressed during the building permit phase. Mrs. Ealy, 41 14 Claudia. stated that she would like to see an increase in police protection and also expressed concerns with flooding. Mr. Collins addressed drainage concerns by stating that the property would drain into the Laguna Madre. He stated that if the Fire Department approves his occupancy rating, the rating would be 400. Captain Bill Sheeka stated that there are no event centers for people coming to fishing tournaments. He said that there are thousands of visitors every year and the project would be revenue generator for Corpus Christi. Mr. McGrath, owner of Fun Trackers and the Flour Bluff Convention Center, stated that his business will profit from the proposed marina development. Bart Morris. 3,32 Meca, stated that he was a 23 year resident of Flour Bluff and he was supportive of the proposed development. Public hearing was closed. Motion by Salazar, seconded by Stone, to forward a recommendation for approval. Motion passed unanimously with Mims. Pusley, and Zamora being absent. Braselton left the meeting. BL Real Estate Holding Company, Inc 5716 Hwy 290 West, Austin, Texas, 78735 Ph 512 - 892 -8000 F 512 -892 -7992 Friday, January 26, 2007 Development Services Department 2406 Leopard Street Corpus Christi 78408 For Attention : Mr. Mic Raasch Dear Mic Re. Bluff's Landing Marina and Lodge - Zoning Case 0205 -04 We hereby request a two (2) year time extension for the Special Permit as issued by the Corpus Christi City Council for the proposed Event Center at Blurs Landing Marina and Lodge. We are in the process of acquiring additional adjacent properiiea, and would Iike the additional time to evaluate the implications of these additional properties on our overall development plans. The two year time extension will give us enough time to acquire, re- zone and redesign and construct the proposed Event Center and any additional structure that may be required. Herewith, please find the applicable procession/application fee of $50 -00. Best reds Neale van Streepen General Manager- Bluff's Landing Marina and Lodge CITY COUNCIL ZONING REPORT Case No. 0205 -0c. City Council Hearing Date: March 29. 2005 Applicant: BL Real Estate Holding Company, LP Owner: Same as applicant Agent: Spence Collins Description/Location: Tract 1 -- Lots 2 & 12, Block 1 Tyler Subdivision. Tract 2 -- Tract C, Block 2 Tyler Subdivision Zoning Request From: "R-1C" One- family Dwelling District To: "B -2" Bayfront Business District From: "R -1C" One- family Dwelling District To: "AT" Apartment- Tourist District Area: Tract 1 — 17,250 square feet Tract 2 — 14,028 square feet Purpose of Request: Tract 1 — Event Tract 2 — Motel on Tract 1 on Tract 2 Center Existing Zoning and Land Uses Tract 1 Zoning Existing Land Use Low- density residential and vacant Future Land Use Neighborhood Business and Low - density residential Sire- "R -1 C" (.)ne- family Tract I Dwelling District North "R -1 C" One - family Dwelling District Low - density residential and vacant Low - density residential .South "B -1" Neighborhood Business District and "R -1C" One- family Dwelling District Low - density residential ano vacant Neighborhood Business and low - density residential East : `B -2" Bayfront Business I Distnct Commercial (Marina) Commercial West `R -1C" One - family Dwelling District Low - density residential Low - density residential Zoning Report Case No 0205 -04 (BL Real Estate Holding Co., - Bluff's Landing Marina Page 2 Tract 2 Site - Tract 2 North South East Zoning "R -1C" One- family Dwelling District "R -1C" One- famil' Dwelling District "R -1B" One Family Dwelling District "B -1" Neighborhood Business District Existing Land Use Future Land Use Vacant Neighborhood Business Low - density residential Low - density residential Low - density residential and vacant Low - density residential Vacant Neighborhood Commercial West "R -1C" One-family residential Dwelling District Low - density residential Area Development Plan: Flour Bluff - The Flour Bluff Area Development Plan's adopted future and use map recommends the following: Tract 1: Lot 2 portion (eastern 2/3) of Tract 1 to Neighborhood Business and the Lot 12 portion (western 1/3) of Tract 1 to remain as low- density residential. Tract 2: To Neighborhood Business. Map No.: 036,026 Zoning Violations: None • The applicant is requesting a change of zoning to `B -2" Bayfront Business District on Tract 1 for the development of an event center as an accessory use to the recently redeveloped commercial marina and restaurant uses across Wyndale Drive and to "AT' Apartment Tourist District on Tract 2 for the development of a 26 unit motel. • Tract 1 has direct access to a collector street, Wyndale Drive, with secondary access to Claudia Drive, a local street. Traffic generated by the event center would primarily use Wyndale Drive via Laguna Shores Drive, the primary collector street serving this area. Tract 2 has direct access to a local street, Claudia Drive, and is located at the intersection with Laguna Shores Drive. • The event center use (Tract 1) classified as a restaurant/drinking place use would generate approximately 117 average daily vehicles. The 26 unit motel (Tract 2) would generate approximately 230 average daily vehicles. Laguna Shores Road would accommodate the additional traffic projected by the proposed uses. A water/wastewater demand of the proposed restaurant/drinking place use (Tract 1) is projected at 800 gallons per day with a solid waste demand of 340 lbs. daily. A water'wastewater demand of the proposed motel use (Tract 2) is projected at 644 gallons per day with a solid waste demand of 232 lbs. daily. Zoning Report Case No. 0205 )4 (BL Reai Estate Holding Co. . Bluff's Landing Marina Wage 3 ea E E Tract 1 - The -B -2" Distract allows for signs not exceeding sixty (60) square feet in area and used only to advertise the principal business or activity conducted on the premises. For each one (1) foot of lot frontage in excess of one hundred (100) feet, one (1) additional square foot of sign area shall be permitted, provided the total sign area shall not exceed two hundred and sixty (260) square feet. The permitted square feet in sign area may be divided among several smaller signs, provided only one sign, riot attached flat against a wall of the building shall be permitted for each lot or other area greater than one lot under one ownership. No sign which is other than flat against the wall shall in any event exceed one hundred fifty (150) square feet in area In no case shall any sign project above the height of the building, and if attached flat against a wall of the building such sign shall not project more than eighteen (18) inches from the wall of the building or structure. No signs shall be permitted, regardless of size, which revolve. whirl, move, flash, or make noise. No agency of the City of Corpus Christi may grant a variance, exception, or take any action which would permit a sign to be erected in excess of the size provided herein or different from the provisions contained herein. Tract 2 -- The `AT" District allows accessory buildings and uses including signage not exceeding sixty (60) square feet in area and used only to advertise the principal business or activity conducted on the premises. For each one (1) foot of lot frontage in excess of one hundred (100) feet, (1) additional square foot of sign area shall be permitted provided the total sign area shall not exceed two hundred sixty (260) square feet. The permitted square footage of sign area may be divided among several signs, provided only one (1) sign not attached flat against a wall of the building shall be permitted for each lot or premise and provided that only one a;1) wall sign shall be permitted per street frontage. The one (1) freestanding sign shall not, in any event, exceed sixty (60) square feet in area or twenty (20) feet in height. In no case shall any wall sign project above the height of the building, and when attached flat against a wall of the building such sign shall not project more than eighteen (18) inches from the wall of the building or structure. No signs shall be permitted, regardless of size, which revolve, whirl, move, flash, or make noise. No portable signs shall be permitted. The requested "B-2" Bayfront Business District on Tract 1 is inconsistent with the future land use map which recommends neighborhood business on the eastern 2/3 (Lot 2) of Tract 1 and low density residential use on the western 1/3 (Lot 12). Staff recommends denial of the "B -2" District for the subject property, and in lieu thereof, a Special Permit to allow for the event center use with several conditions to protect and buffer the adjoining residential uses. The requested "AT" Apartment Tourist District on Tract 2 is consistent with the future land use map that recommends neighborhood business use at this location. Staffrecommends approval of the "AT" District to allow for the motel use. Staff believes that these uses are complementary and accessory to the primary commercial marina located adjacent to Tracts 1 and 2. The applicant has shown a willingness to work with staff and the neighborhood to mitigate any adverse impacts which may be generated by these accessory uses. A change of zoning to a `B -2" Bayfront Business District on Tract 1 does not ensure added protection to the adjoining residential areas. However, a new Special Permit in the "R-1C"/SP District would allow for the requested uses while providing protection for the adjacent residential uses. A change of zoning to a "AT" Apartment - Tourist District on Tract 2 is consistent with the future land use map and is recommended. Zoning Report Case No 0205 -04 (BL Real Estate Holding Co. Page 4 Bluff's Landing Marina Street R.O.W. Street Type ` Paved Section Volume (2001) Laguna Shores Road Parkway /Collector 60' R.O.W./ 24' paved section with side ditches N/A Wvndale Drive Collector 60' R.O.W. w/ 24' paved section with sheet flow drainage N/A Claudia Drive Local 50' R.O.W. w/ 20' paved section with side ditches N/A Plat Status The subject properties (both Tract 1 and Tract 2) are platted. Department Comments The objectives of economic development of shoreline areas accessible by navigable channels for marinas will be significantly enhanced by these changes of zoning while at the same time providing protection for the surrounding residential area. See next page for Staff recommendation. ontng Report (ase No 0205 -u4 (BL Real Estate Holding Co. Bluff's Landing Marina Page Staff Recomrnendat TRACT 1: Denial of the 'B -2" Bayfront Business District on Tract 1 and, in lieu thereof, approval of a Special Permit for an events center with the following conditions and subject to an approved site plan. (See attached plan) 1. USE: The only use authorized by this Special Permit other than the basic "R -1C" One- family Dwelling District uses in the Tyler Subdivision, Lots 1 & 12, is an accessory event center/banquet hall to the existing restaurant and marina located across Wyndale Drive and parking to serve the proposed banquet hall and the existing restaurant and manna. Preparation of food is not permitted inside the event center. A warming kitchen and outdoor food preparation by vendors are acceptable. 2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on Sunday through Thursday and 6 :00 AM until 11:00 PM on Fridays and Saturdays. 3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and Claudia Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive. 4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in height to serve as visual and sound barriers shall be maintained along all penmeters where the proposed banquet hall is adjacent to residential uses. A continuous oleander screen shall be provided within the Claudia Street setback. The walls must be covered with evergreen vines within two years of the date of this ordinance. The walls must be setback a minimum of 20 feet from the adjacent street rights -of -way. Live entertainment and/or disc jockey music will require the garage doors of the event center to be closed. 5. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot trunk height on minimum 20 foot on center spacing must be located within the 20 foot setback areas of the subject property. 8. TIME LIMIT: The Special Permit shall expire within one year from the date of this ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit and all other applicable ordinances, rules, and regulations. 1 TRACT 2: Approval of the AT Apartment- Tourist District. Zoning Report Case No 0205 -04 (BL Real Estate Holding Co.. Bluff's Landing Marina Page 6 Recommendation TRACT 1: Denial of the `B -2" Bayfront Business District on Tract 1 and, in lieu thereof, approval of a Special Permit tor an events center subject to eight (8) conditions. TRACT 2: Approval of the -AT" Apartment- Tourist District on Tract 2. Comments Tract 1: Number of Notices Mailed 22 Favor 1 Opposition 0 Tract 2: Number of Notices Mailed 21 Favor 0 Opposition 0 I.As of February 17, 2005) Attachment Zoning Map Site Plan , PLN- D} R`SHARED\ CHRIST AL\WCRD\ZONRFTS` 200 f\February\0205 -04CCReport.doc *44,14,N4441444,44444.444:44444,444444--... Case Z0206-04,Prime Exit 0 14 la SP ALXS -03 -21-06 Notice lefty Farm qurai District RE Residential Estate District RA One Family Dwelling District 4.1A One Family Dwelling District R -18 One Family OW.5i1g District R-1( One Family Dwelling District R iH Townhouse Clwelling District P 2 Multiple Dwelling District to Travel Trailer Park District +8 Manufacturoc Home Park District - !C Manuracturec Home Subdivision District A Apartment i,ouse Distinct A to Apartment House District A 2 Apartment House Disvist A Apartment - purist District A ] Protession:il Office District 8.1 Neighborhood Business District B -1A Neighborhood Business District B -2A Barrier Island Business District 8 -2 Bayhont Business District BD Corpus Christi Beach Design District 8-3 Business District Bat General Business District 13-5 Primary Business District 113-6 Primary Business Core District 1.1 Limited Industrial District Light Industrial District Heavy ald1Serisi District Special Penult PUO Planned Unit Deve W pnrnt HC Niseoriea•Culteral Landmark Preservation NORTH 0 100 200 Feet ■ Property Line 20 Building Line and Landscape Buffer Claudia Drive 50' ROW Mr-o' • 20-0 30-0 CCCC() c siapura10 in a 617-Cr 120 I . E g,' et a cod g ..• t.- g • o = .-- Z tr- r3 '2 q 'Z E`Srs; -r -- 20' Bun ■ . :i IS' 1:. r. 't - L a f= If , andscape auttv 1 . - ... c FE .___,Tr......41.1..... 1t d,ng Line ana' ropert.,, r rrgtaS am r- minimum foul palm tree: with minimum 7'--0" trunk height, -4,ci L2) Nivridaie Drive 50 ROW a 26262728.e_ AN ORDINANCE 026193 , R 0 AMENDING THE ZONING ORDINANCE, UPON APP ObA e o NFo BY BL HOLDING COMPANY BY CHANGING THE ZONING\MA °,c REFERENCE TO THE TYLER SUBDIVISION, BLOCK 1, LOT CZ AND 12 REFERRED TO AS TRACT 1, AND TYLER SUBDIVISION, 2, TRACT C REFERRED TO AS TRACT 2, (CURRENTLY ZO "R-1C" ONE - FAMILY DWELLING DISTRICT) BY GRANTING A SPECIAL PERMIT FOR AN EVENT CENTER SUBJECT TO EIGHT (8) CONDITIONS AND A SITE PLAN FOR TRACT 1 AND BY CHANGING THE ZONING ON TRACT 2 FROM "R-1C" ONE - FAMILY DWELLING DISTRICT TO "AT" APARTMENT TOURIST; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations conceming the application of BL Holding Company for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, February 23, 2005, during a meeting of the Planning Commission, and on Tuesday, March 29, 2005, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on the Tyler Subdivision, Block 1, Lots 2 and 12 referred to as Tract 1, and Tyler Subdivision, Block 2, Tract C, referred to as Tract 2, (both currently zoned "R -1C" One - family Dwelling District by granting a special permit for an event center subject to a site plan and eight (8) conditions for Tract 1 and by changing the zoning on Tract 2 from "R-1C" One- family Dwelling District to "AT' Apartment Tourist District; located east of Laguna Shores Road and north of Wyndale Drive and Claudia Street, as shown on the attached Exhibit of the Tract 1 Site Plan. (Map 036026) SECTION 2. That the Special Permit granted in Section 1 of this Ordinance is subject to the following eight (8) conditions and site plan: Page 2 of 4 TRACT 1: USE. The only use authorized by this Special Permit other than the basic "R -1 C" One - family Dwelling District uses in the Tyler Subdivision, Lots 1 & 12, is an accessory event cerder/banquet hall to the existing restaurant and marina located across Wyndale Drive and parking to serve the proposed banquet hall and the existing restaurant and marina. Preparation of food is not permitted inside the event center. A warming kitchen and outdoor food preparation by vendors are acceptable. 2. HOURS OF OPERATION: Hours of operation shall be limited to 6:00 AM until 10:00 PM on Sunday through Thursday and 6:00 AM until 11:00 PM on Fridays and Saturdays. 3. SETBACK: A 20 foot minimum building and parking setback along Wyndale Drive and Claudia Drive shall be maintained, no driveway is permitted within the setback area along Wyndale Drive. 4. SCREENING/ NOISE ATTENUATION: Solid masonry walls with a minimum of eight feet in height to serve as visual and sound barriers shall be maintained along all perimeters where the proposed banquet hall is adjacent to residential uses. A continuous oleander screen shall be provided within the Claudia Street setback. The walls must be covered with evergreen vines within two years of the date of this ordinance. The walls must be setback a minimum of 20 feet from the adjacent street rights -of -way. Live entertainment and /or disc jockey music will require the garage doors of the event center to be closed. 5. LIGHTING: All outdoor lighting on the property shall be shielded directional lighting and directed away from adjacent residential uses. All outdoor lighting on poles shall be a maximum of 20 feet in height. 6. TRASH RECEPTACLE: Placement of any trash receptacle shall be no closer than 50 feet from any residential structure and shall not be within the front or rear setback area. Screening of any trash receptacle with a six foot solid fence with gate is required. 7 LANDSCAPING: In addition to complying fully with the landscape requirements of the Zoning Ordinance, a minimum of four palm trees with a minimum of seven foot trunk height on minimum 20 foot on center spacing must be located within the 20 foot setback areas of the subject property. E}.— TIMEtlMtT. The-Special Permit-shall expire within -oneyearfromrthe ate Df-thiS-- ordinance unless the property is used as specified and in full compliance with all conditions of the Special Permit. TRACT 2: Approval of the "AT" Apartment Tourist District. H: \LEG -04 \JOSeph'Zoning -05 \0205- 04Special.doc 1 Page 3 of 4 SECTION 3. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 4. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in fuN force and effect. SECTION 5. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 6. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 6. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 29th day of March, 2005. ATTEST: ArmsIdo Chapa City Secretary APPROVED iv„G, ii( 2005 Joseph H*ney Assistant City Attorne For City Attomey H:\LEG-OiRUosepMZoning- 0510205- O4Speciai doc THE CITY OF CORPUS CHRISTI Samuel L. Neal, Jr. Mayor, The City of Corpus Christi EFFECTIVE DATE Lif °C Corpus Christi, Texas day of 2005 TO THE MEMBERS OF THE CITY COUNCIL Page 4 of 4 Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. 1/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Samuel L. Neal, Jr. Mayor, The City of Corpus Christi Council Members The move ordinance was passed by the following vote: Samuel L, Neal, Jr, Brent Chesney Javier D. Colmenero Melody Cooper Henry Garrett William Kelly Rex A. Kinnison Jesse Noyola Mark Scott H • 1LEG- DIRUossph\Zoning -0510205- 045pecial. doc AN ORDINANCE 1r GRANTING A TIME EXTENSION OF ONE YEAR FOR A SPECIAL PERMIT FOR AN EVENT CENTER IN AN "R-1C" O0 E- FAMJLY DWELLING DISTRICT, LOTS 2 AND 12, BLOCK 1;;;;,:,„ TYLER SUBDIVISION, LOCATED APPROXIMATELY 400 FEET N O�#1�OF LAGUNA SHORES DRIVE BETWEEN WYNDALE DRIVE '":01D -` CLAUDIA DRIVE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council on March 29, 2005, by Ordinance No. 026193, granted a change in zoning from "R -1 C" One - family Dwelling District to "R -1 C" One - family Dwelling District with a Special Permit for an Event Center on Lots 2 & 12, Block 1, Tyler Subdivision, located approximately 400 feet north of Laguna Shores between Wyndale Drive and Claudia Drive: WHEREAS, the property owner has not been able to begin construction on the Event Center due to site difficulties with utility relocations; WHEREAS, the Special Permit expires on March 29, 2006; WHEREAS, the property owner believes that the difficulties will soon be resolved and construction will begin within the next few months; and WHEREAS, the City Council has determined that extension of the Special Permit for one year, until March 29, 2007, would best serve public health, necessity, and convenience and the general weffare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CONPUS CHRISTI, TEXAS: SECTION 1. That the "R-1C" One - family Dwelling District with a Special Permit for an Event Center on Lots 2 & 12, Block 1, Tyler Subdivision, located approximately 400 feet north of Laguna Shores between Wyndale Drive and Claudia Drive, granted by City Council on March 29, 2005, by Ordinance No, 026193, is hereby extended for a one year period, to expire on March 29, 2007, SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed 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 as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of March, 2006. Page 1 of 3 H:1 LEG- DIRIGARYWS IGARYWSIAGENDA12006103- 21 \ORD -BLUFF LANDING MARINA SP. PERMIT EXTEN6lON.DOC O f S A- .4 nor c Mo 020S-04 O . S -03 ATTESTS THE CITY OF CORPUS CHRISTI Page 2 of 3 Armando Chapa Henry Garrett City Secretary APPROVED: March 16, 2006 teirniot Gary VW. Smith Assistant City Attorney For City Attomey Mayor, The City of Corpus Christi HALE r- DIR \GARYWSIGARYWSIAGENDA 12006103- 211ORD -BLUFF LANDING MARINA SP. PERMIT EXTENSION.DOC `, Page3of3 Corpus Christi, Texas day of , 2006 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney Jerry Garcia John Marez Wiliham Kelly Jesse Noyola Rex Kinnison Melody Cooper Mark Scott H:\ LEG- DIR1GARYWS IGARYWSIAGENDA12006103- 211ORD -BLUFF LANDING MARINA SP. PERMIT EXTENS ION. DOC AN ORDINANCE GRANTING A TIME EXTENSION OF TWO YEARS FOR A SPECIAL PERMIT FOR AN EVENT CENTER IN AN "R -1C" ONE - FAMILY DWELLING DISTRICT, TYLER SUBDIVISION, BLOCK 1, LOTS 2 AND 12, LOCATED APPROXIMATELY 400 FEET NORTH OF LAGUNA SHORES DRIVE BETWEEN WYNDALE DRIVE AND CLAUDIA DRIVE; PROVIDING A REPEALER CLAUSE; AND DECLARING AN EMERGENCY. WHEREAS, the City Council on March 29, 2005, by Ordinance No. 026193, granted a change in zoning from `R-1C" One- family Dwelling District to "R-1C" One - family Dwelling District with a Special Permit for an Event Center on Lots 2 and 12, Block 1, Tyler Subdivision, located approximately 400 feet north of Laguna Shores Drive between Wyndale Drive and Claudia Drive; WHEREAS, the property owner has not been able to begin construction on the Event Center due to the acquisition of adjacent properties which will require additional changes of zoning and will require the redesign of the Event Center; WHEREAS, the Special Permit expires on March 29, 2007; WHEREAS, the property owner believes that the difficulties will be resolved and construction will begin within the next two years; and WHEREAS, the City Council has determined that extension of the Special Permit for two years, until March 29, 2009, would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the "R-1C" One- family Dwelling District with a Special Permit for an Event Center on Lots 2 and 12. Block 1, Tyler Subdivision, located approximately 400 feet north of Laguna Shores Drive between Wyndale Drive and Claudia Drive, granted by City Council on March 29, 2005, by Ordinance No. 026193, is hereby extended for a two year period, to expire on March 29, 2009. SECTION 2. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 20th day of March, 2007. ATTEST Armando Chapa City Secretary APPROVED: March 15, 2007 Garj`i W(mith Assistant City Attorney For City Attorney Page 2 of 3 CITY OF CORPUS CHRISTI Henry Garrett. Mayor, City of Corpus Christi H \ L EG- DIRiShared \GaryS \agenda\2007\3- 2O\Ord- 0205 -04 BL Holding (2nd time ext) reg.doc Page 3 of 3 Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Brent Chesney John Marez Jerry Garcia William Kelly Rex A. Kinnison Melody Cooper Jesse Noyola Mark Scott H \ LEG -DIR \Shared \GaryS \agenda\200713 -20 \Ord - 0205 -04 BL Holding (2nd time ext) reg.doc 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Consumer Directed Health Care combined with Health Savings Account (HSA) Feasibility Study Final Report STAFF PRESENTER(S): Nwie Title /Position Department 1. Cynthia C. Garcia Director of Human Resources Human Resources 2. 3. OUTSIOE PRESENTER(S): Name Title /Position Oraanization 1. Tracy Watts Principal Mercer HR Consulting 2 ISSUE: As with employer health plans nationally, expenses for the City's self- funded medical insurance plans (Citicare, Citicare -Fire, and Citicare - Public Safety) continue to rise. In an attempt to reduce the rate of increase in these plans while at the same time providing a competitive benefit, the plans must be evaluated and plan changes must be implemented that meet the needs of the employees and the City. BACKGROUND: Expenses for the City's self- funded medical insurance plans (Citicare, Citicare -Fire and Citicare - Public Safety) continue to rise. In order to control increases while continuing to offer a viable benefit, changes must be made to the plans offered to employees and retirees.. In the medical insurance industry efforts to reduce costs over the past several years have focused on Consumer Directed Health Care (CDHC). With CDHC, the member is encouraged to become an educated consumer and take a more active role in determining how medical dollars are spent. Often CDHC's are implemented in conjunction with a Health Reimbursement Account (HRA) or a Health Savings Account (HSA), both of which provide funds that members may use to pay for increased out -of- pocket expenses such as deductibles and co -pays. in order to evaluate the City's experience, staff determined that a consultant whose experience is in the field of employer medical health plans was needed to conduct the analysis.and guide the City through a restructuring of the health benefit plans. A request for proposal was developed seeking professional services as described above. On March 31. 2006 the City published the RFP. The RFP was sent directly to seven entities known to have experience with CDHP's and was also posted on the City's Internet website. For various reasons, no organization responded to the RFP. It was then determined that it was appropriate to enter into sole source negotiations with Mercer Oliver Wyman, the organization responsible for the City's actuarial studies for the past five years The original proposal developed with Mercer consisted of two parts: a) analysis to determine if a Consumer Directed Health Plan with either an HRA or HSA would "work" for the City, and b) should it prove viable, development of the plan itself with assistance in implementation. If a CDHP was found not to be appropriate for the City, Mercer would analyze the current plans and provide recommendations for changes to reduce the City's growth in expenses while still maintaining affordability for employees, the City and Retirees. With further negotiations, the project was split such that the second phase will only be contracted if a CDHP /HSA/HRA is found to be a viable option. Additionally, in this first phase, City staff agreed to perform the majority of the required focus group discussions themselves with initial assistance from Mercer. By doing so, the City is saving $15,000. On September 26, 2006, Council approved entering into a contract with Mercer Oliver Wyman and Mercer Health and Benefits to conduct an evaluation and Feasibility Study of Consumer Directed Health Care combined with Health Savings Accounts or Health Reimbursement Accounts, and to provide recommendations regarding the City's existing health plans. REQUIRED COUNCIL ACTION: None 7 Cyn is C. Garcia ATTACHIVNTS: Report from Mercer {L} • Scope of Work ■ Summary of Key Findings ▪ Five Year Projection • Summary of Focus Group Meetings ■ Recommendations Mercer Health & Benefits L rn c 0 C O N O E (0 N n +' vi (0 C a O Si = o v -c — E _c E u) _c p c °' 4+ o >, a u °' E L Z. �, .w CD D :i `� c Q) c a) o 0 c a E c o Gam) ra-a vn a rn o ac N n a c a) o •_' cn ra vs u c CU CU CL) '�' E a) C •° _C rd C G) U N O N rfl O1 > r0 d 4J = V ft) o N C "� L >` 4-.' U C •N Q. d O N U ro no C C I j O p) L. d a E o o v E_0 E cu E a = CU U +-+ D to a L O N N L U v.�' a>. E o� a� v•°-'> C ± 0) E c ra;,Pc u, C E E 0 3 0 ry ra U L C O rn O d '3 to V Ol C rd U = r!1 •v L 43 C CI L c = co v) ry C ID v-C E E U 0 o v L U E a O in 0)( °U ?. U v r0 ry L O c .L >. L N 3 }, ±-' � `4-. 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Lel as Ln on r, Active Employees Enrollment: V) a) >- c) ca. tu E Members Waives Average Contract Size I% Elected Dependent Coverage Average Salary Average Age - Employee Average Age - Member I% Male - Employee % Female - Employee Average Tenure .. ...; . - • r Total Retirees % Elected Dependent Coverage I% Age Pre 65 - Retirees Average Age Pre 65 - Retirees Average Age Post 65 - Retirees Mercer National Survey of Employer-sponsored Health Plans Mercer Health & Benefits of Key Findings S cri in- N H M 43 H V, H e9 Mercer National Survey of Employer- sponsored Health Plans Mercer Health & Benefits of Key Findings 0 0 3 a a 4 b S $ Aq suoi;nqu ;uo3 o .., Mercer National Survey of Employer- sponsored Health Plans Mercer Health & Benefits c0 of Key Findings C EP Ui 0 C a. .c Tom c V m .0 Z *A 411 0 0 N 0 0 0 0 o 2 2 8 r' � w If 4A- RI § h 0 V! tff Q n 8 OF ar w to 8 8 Ln r`'S L/1 tLf *R. dr dr w L a as a X N VR i. 8 8 Mercer Health & Benefits of Key Findings Mercer Health & Benefits O Ll O (n IT .y N i II . ..3 C O O Fv O E E 01 '7+ 01 N N - ,-.1 N 111 tJ .r y (`1 y w¢ w=t w¢ 1 '1‘ • 1 X X X 0 N 0 O O O IN CO O 0 N O N 1.0 0 0 10 w Citicare- Pubic Safety Q) Mercer Health & Benefits n Design Options for Consideration ▪ Brings them in line with market • Some cost shifting • Design changes drive more efficient utilization (e.g, PCP vs. specialist) 0 O 0 Q • Gives employees choice at a lower cost m L F jr. ` al (n c r• >r. c a) ro o .r,;;:•:;. >. �o -: co L ^ t/) p (f) o w c .:., ' E 0. v a) a) a cm ,,.., , , a) > Q c >, 1 4..+ a) (0 Y t a L 0 N U O j O O U 0 C .�' N a) > C (0 L L L. U a) _ a) Ol c a) ^ a) m c 1E L. 1..+ a -� cu cr o -0 LA ,2 a .n a) E .rn u ^ a+ +-+ p L 0 cv O g p .0 C U L. co a) 1 v .� 0 U 'cs >. >- a) a) V1 CU s U V Q a) v _c �_ O N O t O t V y>� aL-' U = a N Q L p 'L E O pl U O -' ro u a) U C aJ w 01 i+ L v w a) c .c ro _. 0 L p O � ti) �O U O N p O a) C 0 a) o v 'E c > a U .0 Q D C c= E_ c p 3 v a1 F .. p -- 0_D ce a.+ Q ) U L — C O a) s a) -C -C O E z = Z L T U 1 1 1 C = a = U Q `-r • •;% • • participate in programs Mercer Health & Benefits L w L 0 u A L W -- N- O a U f0 Cr). ON o 17 o _ 0 Cu 0 0 o a 0 M M N - N 0 I liN 30% after deductible deductible 0 0 0 N '--4 N .-4 N M 0 0 T to 0. 0 0 To 0 c (o CU 0 0 a m N 0_ E 0 u CU 41) 0 a E w L. a ro c a) a E CO N a W 1- tu L 0 E a-+ f0 • 0 C M aN >ft bZU V) u C 0 • G. a L -0 'a; Cs a_ U LL. 'p a) L s o • C ▪ M N r .y 01 M C M .= L U tQ o E Y s • U E C Q7 o-+.a os ' •� E o >. a- ' o ■ H V Mercer Health & Benefits Current Plan (13,7% —A— Minor Modifications c a 1 It CI 0 U 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 1-4 0 0 fN 0 0 0 0 eN 00 0 cio a. C V) CU 0 0 U 4-4 0 66- 4) CV , .17 _c 0, ro u c • • tt..15; 'Dec o 2 3 `6' u -o E IP, 12- u (-V 0 0) -4D- -� r- O a, cn In a,. r-- 1-1 r•- a. in 0-4 0 0 Th 0) o L.n• 0 0 0 4-1 4-1 4-4 4.4 03 01 0 (.4 05 o N o tr) CO N al w a+ (-50. LO L40 LO d- 0 0 CV OSLO v-i l a 0 • V) • c Mercer Health & Benefits 0 Y CU U (0 0. C w 0 0 0) O T 0. 0 rn c a) c a) 0) L U L v s • C31 U c a) Q1 vi O a) .0 Q1 "O c 0 a L 0 N i) 0. a, s 4-) O s O m c O .(71 0 0 0 v 0 • 0 0 v 0 a) r not always on c a) 0 L a U a) a) N a) L 0 U a) U a) 0 U Identified some 0. a) VI 6. A > a o C C +U0 L H.: o R 0 Lil- E C. E 0 -) E C E 0 .0 C �f A0 D.. 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CU z y 0 L. i N ti Mercer Health & Benefits Z c 0 l.. re 0 r a) E a) s 7 E. > 0, > +v+ L O o c a L ,c c > 0 cu C r6 r0 O a c o w o L V C a L 0 . r a) N E u Q1' a oo i -. L L 0 D1 O ° E a V X 4., > > > fo C Z —a) a) E > ac) y -o n) c ..c L Y 4+ cn L V C M v) s a o CU a) . O U _O j 4_J < a O c E O ..... 0 v v c u a) E a) s a) > c � _ L L r0 U ..c = O O a r4 .0 > v V E 0 a) C a) s c 0 0 M � t, C a c m o 0. Til _fl 0)) °u 2 0 L ■ ■ a a) L a) 0 a) s rn c 0 E 413 0 r0 a U 0. a) rn ra 0 0 c v O Y Lf1 M C r0 t rn a) L (0 ro to To • c c ro r0 a 0) C C C U f1. CI • a a C 13 13 c > L v v E o c m > 01 W v ro > o c ro 0. > Di ro c > • Q) • L Q O w E L • a) _a v >4 E > a' a Z • Almost all the savings will go to the retiree C Zi L 0 3� C p E. L V 44 al O 3 w E c 0 0 H Mercer Health & Benefits 4 co 1 Q cn • 'D 13 .r c t c 15. E_ = 1,_:O � °a • =m;V ° m > N < Ti. co w o Za E E c as y4--- $$$ ---11,. 4--- $ —b. $1,100 Deductible eicl3°npe 006`6$ CC $$ —► 4— $$ --� 4 oc HSAs are funded, individually owned accounts HRAs are typically notional accounts or a promise to pay HSAs are portable, earn interest, and can be invested HRAs are often not portable nor invested >+ R 5 a a) c Q m 1Z 7 d ii o in a O E EL a) 0. cu •� °' `a >m s >,c au ,o d a a a) S 3 tut 3O 7:1 a) K v c 75 , 6 a d a1 o d w 7 d x CD C , = cv 66 0 c c o £ E o ea r- a) K > N = y a = d i1 > 0 ca as 4- to a c .c N p) _ = Q Q 'N CL u_ • o Z 2 a Only distributions (not contributions) are tax- deductible CV Mercer Health & Benefits 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on Downtown Area Appraisals by the Nueces County Tax Appraisal District (NCAD) STAFF PRESENTER(S): Dame 1, 2. 3. Title /Position OUTSIDE PRESENTER(S): Name Title /Position Department Organization 1. 011ie Grant, Jr. 2. Jay Reynolds Chief Appraiser Director of Commercial & Land NCAD NCAD ISSUE: On November 14, 2006, the City Council requested an update on vacant building property values in the downtown area. REQUIRED COUNCIL ACTION: None. PowerPoint presentation l9)77°1§ Oscar R. Martinez Assistant City Manager LOOZ '0? (WPJ2N • Slb'SIb2lddb' VJ'dV NMO1NMO J0 SftLVIS )1 ■ Downtown statistics • Future Predictions _> — r v) : i = •— V . -I-' a) E t1j-' O fp O O �.� n, n, -o 0) cu re- ryf cu >- - 4. gO O V > .- (i) a 16 °- ra (i) c c .-E 2 ..1..1 1._ .._ T. L5..,1 cD fc-c 0..= 2 ft CU fa ti:67)1(n0 (00E C ro ?...% cu ( I 3 - ci 4 2 so-3- . . 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O Z 1 3 • 0) M —(0 its 0) 0) M 23 N (- comer M r '- r W - N 0 WC( MU a W W OC N W Z 0 V N M x 00) x x N r ON (0 u) W O O r- V w os O J W N J 4 W (O W h (G N M0 N Um N Q ...ALL J 0( W t- o.) a 8055. x m -0 W N W z0 2 00 (- LL Z m- ,0 V N N N = W V V IO N OM N W NO (0 0^ 3 0) (O(O WM N- W M m 0 VNWNO (OW 0) V •- (h MM Q NMNO- WN r N r - D:0 O M W O M V V O ilb W N N W W Tina W M M M (0 W LL O (OW- V V W - OJ N Q Z> M (Y ZO M 0) in 0 V O N Was 0 00 0 N w N N ^01N CON - Q Q 9.636,080,374 586,639,831 SAMPLE IS _ 4 _ 1 4.2 J >- W W 4 J > a' O( Z F" J N 0-1 201- '01• -JJ.J MUQUOJ Wr+o-g00W frJf+J WI-M a W ZMZ a'UOCiJryUQM QO-ZOJOJ W W . W1- MI- 041 -MZ1-2 WI -QF-J J0, -.0ZJ W N p W OOOCOZHZQ "'. - -QQZO -W JZ000WwWUWM N J N U M Z O J Z H Z M O M X N> W> W Nw0w 4D0Z("(.'-(N0 WZWH WZaZ> OZOUdi -.a OM.rN«+O U WO W4 Z(.) 0 1- Q -J 3 U J a U 1- 0 Z Q m • � v O U. u C7 0 _, J O x $ N MAY NOT BE RELIABLE ** STATISTICAL MEASURES 2 0 a x a w V1 • Y 0 C V) C O -. w 3 -- cr o m O. a -- i L Z a U Vt ut N H C.) N Z W 7 c47Ca O -+ 2 L U a \ O U r-- 03 U a V1 N U 0 ^ 0 0) J . J CO 0 00 • 0 a z r 5.649,806,806 5,935,294,470 479. 775. 530 493,342,447 209,049,746 209,049,746 88,824,857 844 890,655 44,019,360 221,040,845 780,303,013 785,408,166 302,053,297 302,053,297 14,076,682 14,076,682 0 0 0 0 49,734,582 49 734,582 0 01 0) in a to (0 a a a (n a a a a a 1- f. 1 t N \ 0 CO \ \ ' . M 3 1- 1 V) N Z 0 N 2 Z 2 a) 2 2 al 2 2 2 Ozf N.4 5,649,806,806 88.824 857 1,640,782,235 844,890,685 O to (0 O M c at O O O 7 • N 4 J _J w C[ W 2 J .. 4 Z N V) cal O J Z H 0 ITILITIES 780,303,013 COMMERCIAL PERSONAL 302,053,297 INDUSTRIAL PERSONAL 14,076,682 0 0 1- C w U 2 0 V) W (n a W Z W O J _ CO w O -J Z M a CO 1— Z RESIDENTIAL INVENTORY 49,734.582 SPECIAL INVENTORY V) 03 0) M U r n CO u, M 00 rn N 0) M co 0 8,624,540,919 T2 N a1 a) 0 co 0) co M N avC- C- CO r O N (D N a) tD n ao O ao 10,324,357,638 SUBTOTAL LESS TOTAL DEDUCTIONS 8,624,540,919 TOTAL TAXABLE VALUE PTD VALUE LOCAL TAX ROLL CATEGORY D DETAIL MARKET VALUE NON- QUALIFIED 87,555,088 0 M (NA N N a 0 2 03 0 87,555,088 1,269,769 ACRES & FARM /RANCH IMP PROD VALUE QUALIFIED ACRES m _ N 88,824,857 TAXABLE VALUE a V) a C CL a .4 0 0 } Y N CO w O J W a F > a 0 W ►. C U • O W 0 O W J a > U- 0 W S Z 1- 3 0 U Y 1- a E a m 0 F O a C J O J LL 3 1- C W 0 C a w w = C 2 Z 3 0 0 hr I F V) U N w w 0 -J > 0 W H J W CO S X F a W 1- W V1 w F -. W F O Z N � 3 W F Z C7 a ut At w Cr W (1) C W 2 w 4 4 H Z Cr 3 r 0 J 1- 4 F > Z w w .. I- I— X m w V: w 4 U w x W O 1- F O S J m J 4 h- O Q Z I to 0 II( a02z ,n Z .... CD O N Z W 2) W LL x0 F w f- O . 4 W ^ !- M N V7 h. F- 0.r 4. o w 0 W CC IX OZ N O • 4 r-I ^ W O W O > O J - U Z 0 X 0 W Q I- F H 0 0 K 4F- W > S O 1- N v1 CY W Cr a Q 03c 4- CC 0 am W L C J N U 4 - > U a 0 J 7 a 04 2 L 0 2 o O 4 w N o cL ((0 0 CO N en a COMPTROLA ER 8 in N0(p o N O - `a w .,, 1-- Z LL 4 - w -- fY a Fr Y CC v f 0 W Z 4 F W CY •-• 7 0 NZw OOm F 0 P1 e� J 0 000 Z4N 0 Z z W 'K 0 Ch N F - Z N Ot V O LL • 2 (v W Q J (p CC 0 C -0 1- co S 04 At L) J V110 V) - fi N — f- 0E—Uw W v W Z J S LL O F- LL CR J.4 0) 4 w 0) W V1 J 3 W W CY S U N ♦- y 4 > Y 4 Z 2 m un w • S O 00 F-4 W J a J 4 In O W 0 4 0 3 a I- L) W 4 N Vf 7 W� w S 0 Vf 0 F- W Q Q At Z w 001- ry VI O F w JaZZ w O S O S J F 4 w LL O At w O J F-X Z w ww In Cr O a I- 0 4 J W 2 (n 0 0 0 W 0 0 w O 0 0 X J a CD w O w 2 0 to t.w m V 40 m z OZ 0 - Z a W X W W .( 1 L 0 40 W Q F-W 0 N r-- Z Z win 0 0 OZ)-1- SZZ W W O X X Oww • 00000 6.1.v-WW 69 I- I- -1 (n V) Q J W W 24ZZ O Z 0 0 •.011 H •-e eti I- W W 0 H 0 0 O 0<41 40E-F- 4 Z Z W W W S W U U I - SLYLY 0) 01 0 F- W W v 0 as 40 F- 0 Y- J J i V Vi 4 4 U N(n22 F U0 00)00 < J o .e e� Z 03 J F I- w as IWOO W 4 4 V) CYOOU (� O(uOO At LL F J J W (A- CV CO 4 W W Ci/ w)-- MX > > CO JJOO (') QQF > > N V) W W N N J J 0 0 m co JJ Q4 X X W w Q 4 S S F - F- REPORTED BY YOUR APPRAISAL DISTRICT THE VALUES 9,063,454,352 THE TAXABLE VALUES SHOWN HERE WILL NOT AND LOCAL VALUE WAS CERTIFIED. 0 J 4 CO 0 H W 0 -J 4 > W J Cp 4 X 4 1- CY O 0 Z 0 0 LA- O > a W S F d d J 0 o m di 0 w rmwo td C • C 0 • J C 1. • > as 0 N 0) 0 0 Q Y Z 1�pjCD rCpO<�p-<-u�pl tt)C)Nr chNCMOr 223 i2O�t' o r CEO) (Y) r r CD r 'cf 1A N C) 0p 1 OD 0300 C) (.0 •"I-`00lnNr r- N 0rtoV0Inr�r0 Q O re) r)(4Ol OlQ 00 Oiri 64 0, 69,69/ 64 6463 64 164 e3 e#9 (/) LU r := (1)CD`t (ID ciNN�. c a) O rn m $131 461 243 W G3 U) W H LL O � Z � a t (4.; � � ZWQ w 4( u) z�2) it 00 ?zwZ w 1- h uNC 1- 1k0O. 24: a ti0 >u)c w Z 0 z 00 W W CC U) iL NORTI- VSHORELINE BLVD. O 0) 2 E vL L ,; _1 T 11 $ - -3L V S 5_ __ 8 9. t- 9 6 CO 1 t t. ZI-- I —ZL - -L. i1 Z.$ -Z- -- 11-' r - L- ' Z .fi ih c.. 2 - £. 01_ -. _i 2 9- IS X 1M.L y._ -qty EL F -- -Z.- -E_ 6 q ! 6 9 I L sTii kea ■ AN,Er Downtown Statistics • 200 + /- Tota • 27 Vacant a) co (1) M O I\ I\ I\ V M O CA 00 O O Cr O d- I\ d' N OO O O N O I\ M 00 d' Li) V- 1—i L.r) 11) 00 00 'Cfi 00 O 00 O 7-1 1-1 T-1 N M 10 I\ O O O O O Co 0 0 0 0 0 N N N N N N • ■ • • • a) Tti (i) 0 0 • 0 tin a� a 112 LL L N L a) 4-) L Q) ra N L al no C � O N1:3 ..1—) co Q •- Q V o _1 4_, • L) O L fu a) 4-) (/) L O au a� > .� 22 O -0 E cu >. 4— = co 1:) a) eL (I) 4) O • O O V cu 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of 2nd Quarter FY 2006 -2007 Budget/ Performance Report F PRESENTED): ame, TItIe&Popition Department 1. ddie Houlihan Assistant Budget Director ISSUE: The 2nd Quarter Report for the period ended January 31, 2007 has been completed and distributed to the City Council on March 16, 2007. The report is now fours ly presented for Council Review. REQUIRED COUNCIL ACTION: No formal action is required. Power Point Presentation X Exhibits d e_44vt Eddie Houlihan Assistant Budget Director The information contained in this repot represents preliminary second quarter financial res alts Attempts have been made to account for and include appropriate outstanding transactions and anticipated adjustments based upon current information available With 5O% of the fiscal year completed, combined revenues and expenditures are at 53.06% and 41.3896„ respectively. Though early in the year, the City's overall financial ougook is consistent with the same time last year. • Current Ad Valorem Property Taxes Year to date collections are higher than the YTD budget. • Industrial District Payments - At the end of January this revenue was about $100,000 short of budget. We expect a shortfall in this account because values did not increase as much as anticipated. • Sales Tax - YTD collections are well above projections for this year and are ahead of the same period last year. We are currently seeing a growth rate of 7.8 %. • Franchise Fees - YTD collections are more than the YTD budget mostly due to greater than anticipated revenue in Telecommunications Fees. • Solid Waste Services - Solid Waste Services revenue is less than the YTD budget. This is due mainly to a shortfall in MSWSSC revenues and a delay in the opening of the Cefe Vaienzuela landfill. We are anticipating a shortfall in this area at year end. • Municipal Court Fees - YTD collections are consistent with YTD budget. The recent statewide warrant roundup has contributed significantly to this revenue stream. • Museum - - Revenues are consistent with the YTD budget. • Recreation Services -- YTD revenue is slightly higher than the YTD budget, mainly due to Latchkey revenue. • Public Safety Services - Revenues to date are slightly more than budgeted amounts. The major reason is the Emergency Call revenue has increased substantially. • With 50% of the fiscal year completed, 46% of the General Fund budget has been expended. There are no significant unfavorable variances among City departments and individual operating divisions. 100 75 50 25 Property Tat Other Tan !ranWae Peet Street ♦ 9W41 Wade Mtedripal Cart Other Raeeme ■ ACTT AL 2004 -05 ❑ ACTUAL 2005 -06 ■ YTD 2006 -07 • Water - YTD revenue of $41,062,418 represents 47.61% of budgeted revenues which is less than the same period in the prior year. This is mainly dne to decreased consumption due to increased fall and winter rainfall. Overall, YTD expenditures are $36,605,834 or 40.60% of budget. This amount is slightly more than the same period last year. • Gas - YTD revenue of $18,823,739 represents 37.56% of budgeted revenue which is less than the same period last year due to lower natural gas prices. Consumption is actually up. YTD expenditures are $15,951,342 or 31.98% of budget. • Waste Water Fund - YTD revenue of $20,579,162 represents 48.35% of budget, which is slightly more than amounts collected for the same period in the prior year. YTD expenditures of $19,400,411 reflect 46.79% of budget. • Airport Fund - YTD revenue of $4,138,162 or 50.22% is slightly more than the YTD budget. YTD expenditures are $3,904,184 or 44.83% of budget. • Development Services Fund - To date revenue is $2,534,864 or 53.57 %, expenditures are $2,350,596 or 41.15% of the budgeted amount. • Golf Centers Fund - VTD revenue of $686,028 or 36.01% of budget is considerably lower in comparison with the same period last year due to a delay in completing the improvements at the Lozano Golf Course. Expenditures are 5857,027 or 47.20% of total budget. • Marina Fund - YTD revenue is 5631,250 or 36.77% of budget. YTD expenditures are 5807,552 or 49.46% of budget. Low revenues are due mostly to delay in the completion of new slips and failing short of expectations for Live Aboard revenue. • Internal Service Funds revenue is primarily derived from budgeted allocations from other funds that are charged monthly. As a whole, revenues are consistent with those for the same period last year as well as the percent of year completed to date. • Combined, 42.42% of fund budgets have been expended with 50% of the fiscal year having expired. This is slightly higher than the 39.8% expended in the prior year. • Hotel Occupancy Tax Fund - YTD revenue of $3,978,196 represents 44.89% of total budget. Expenditures are at 49.56% of budget. • Reinvestment Zone #2 Fund - YTD revenue of $1,592,727 reflect 116.08% of budget. Property values in the Zone continue to be very strong. • Arena/Seawall Funds - Sabo tax revenue from these two referendums are over 52 %. Expenditures are primarily associated with debt service. • Visitors Facility Fund - Revenues are on less than budgeted amounts, however several major events are scheduled in the 3rd and 4th Quarters for the Arena and revenue is expected to improve. Expenditures are at $4,743,495 or 50.76% of budget. • Crime Control & Prevention District - YTD revenues are at 50.86% of budget and expenditures are at 41.91% of budget. ,... lagineetrn ACTUAL 2004-05 ❑ ACTUAL 2005 -06 ■ 'ETD 2006-07 7 Yetrl ck.vymey Wnregmeo� 6a■B ZOIlt bryrcvemem Arms Peaky Br&Jeb Dew Svcs Vbier'snay L C time DWeet [61 ACTUAL 2004 -05 ❑ ACTUAL 2005-06 • YTD 2006 -07 • Debt payments are programmed, charged and transferred on a fixed schedule according to the individual Debt Service issue requirements. Variances are due to mid -year refunding, and the timing for issuance of new debt/commercial paper for planned projects. Questions Comments 28 AGENDA MEMORANDUM March 20, 2007 SUBJECT: Optimization Initiatives AGENDA ITEM: A. Presentation on Balanced Scorecard B. Motion authorizing the City Manager, or his designee, to execute a contract with EMA, Inc. in the amount of $300,000 for implementation of city -wide optimization initiatives (business process improvement) focusing on performance management and business strategy. ISSUE: This past year, the City began implementation of a city -wide optimization program focusing on performance management and business strategy referred to industry- wide as the Balanced Scorecard. The Scorecard is a performance management system which objectively measures execution of our vision and strategy, provides alignment with those strategies city -wide, and further supports continuous improvement to better align with citizens expectations. The Balanced Scorecard clarifies what we do well and pinpoints areas needing attention (operation, management, and budget strategies). Further refinement of the scorecard will include charting and reporting capabilities to support trend analysis, and the ability to attach notes to scorecard actuals in order to explain anomalous data, background information, and/or measures being taken to improve performance. Implementation of any new metrics or modification to current metrics will also occur. FUNDING: Funds are available in the adopted FY 2006 -2007 adopted Operating Budgets in General, Enterprise, and Internal Service Funds (Water, Wastewater, Gas, Storm Water, Airport . Golf, Marina, Stores, Maintenance Services, MIS, Engineering Services, Risk Management) RECOMMENDATION: Approval of the motion as presented. Oscar Martinez Assistant City Manager Administrative Services Attachments: Additibnal Information Summary of Contract ADDITIONAL INFORMATION SUBJECT: City -wide Optimization initiatives SUMMARY: Optimization requires comprehensive monitoring and active management of business performance. TQM - total quality management and MBO - management by objective philosophies have evolved over the last ten years into the "Balanced Scorecard" methodology. This approach expands the bottom line focus (financial performance) to include customer service and long term adaptability /sustainability (internal efficiency and organizational learning and growth). The Balanced Scorecard is now the industry standard for performance management and is now being used in the City. Effective performance management combines the balanced scorecard with policies, practices. and tools to set objective goals, monitor execution, and adjust quickly when performance indicators fall short of goals. It uses a hierarchy of scorecards starting with the corporate scorecard at the top, supported by more specific and detailed departmental and business unit scorecards underneath. Previous reengineering and optimization efforts laid the foundation for city wide performance management. This has served as the springboard for implementing balanced scorecards city -wide. The past year, the City's Balanced Scorecard has been established with six key goals and objectives in the four quadrants of the card: customer service, financial performance, internal processes, and sustainability. These goals and objectives then cascade into four group cards for the major executive management areas. Each of the 29 departmental cards then aligns with the four quadrants and the city card's goal and objectives. During the next phase, balanced scorecard technology enhancements will include charting and reporting capabilities to support trend analysis, and the ability to attach notes to scorecard actuals in order to explain anomalous data, background information, and/or measures being taken to improve performance. Implementation of any new metrics or modification to current metrics will also occur. The contract also provides for a reengineering wrap -up and transition to continuous improvement for those "First Generation" departments that have been reengineered. Baseline performance data and tools to continuously improve performance are now in place, and the final step in this transition is to ensure that departmental leadership and senior managers understand how to make the most of the City's investment. For those departments that were not evaluated as part of the "First Generation" reengineering effort, the consultant will work with executive leadership to identify opportunities and establish priorities for those departments to refine their business practices. Finally, the contract provides for an embedded Maximo map (GIS web application) that provides seamless integration of the call center's workflow with the service delivery processes with the departments that use Maximo. The map will increase system reliability for the Call Center, provide better data, higher productivity, and improved communication and collaboration between the Call Center, departments, and field crews. in summary, the Optimization Program addresses City Council and staff goals including: more effective performance management; cross - departmental performance based budgeting; better policy development and execution; encouragement of organizational sustainability through employee recruitment and training; and supports better customer service goals related to the call center. Implementation of this next phase will allow all levels of the City to align with City strategies, and alter and redirect priorities overtime. CONTRACT SUMMARY: The proposed contract will result in an enhanced City -wide optimization program focusing on performance management and business strategy. Specifically, the contract will include • enhancement of the Balanced Scorecard including technology alignment and development of enhanced reporting; • an embedded map enhancement in the work and asset management system (Maximo) which will increase system reliability for the Call Center, provide better data, higher productivity, and improved communication /collaboration between the Call Center, departments, and field crews; • wrap -up and transition to continuous improvement for "First Generation" reengineered departments; • identification of opportunities to improve business processes in those departments that have not been evaluated as part of the "First Generation ". FUNDING: Funding is available from the FY 2006 -2007 Annual Operating Budget. RECOMMENDATION: Approval of the motion as presented. CONTRACT SUMMARY SERVICES TO BE PERFORMED II FEE FOR SERVICES AUTHORIZED The contract for services consists of the following: • Balanced Scorecard Technology Enhancements • MAXIMO Embedded Map • Reengineering Wrap -up and Transition to Continuous Improvement (for Section 1 Departments) • Strategy for Departments not yet Reengineered and such other phases and tasks as may be mutually agreed by City and Consultant. 29 AGENDA MEMORANDUM Date: March 20, 2007 SUBJECT: 8 -hour O3Fiex Memorandum of Agreement Environmental Programs AGENDA ITEM: Resolution authorizing the City Manager to execute a memorandum of agreement with the U.S. Environmental Protection Agency and the Texas Commission on Environmental Quay providing for the implementation of locally defined emission control programs should the eight -hour federal ozone standard be violated in lieu of immediate redesignation to non - attainment. ISSUE: The Corpus Christi urban airshed comprised of Nueces and San Patricio counties experiences episodes of elevated ozone levels. At times the recorded levels approach the federal eight: hour standard of 0.08 parts per million. Should the fourth highest reading in a calendar year, averaged over a three -year period, exceed 0.08 ppm, the area could be designated as non - attainment of the standard resulting in control mandates from the state and federal govemments. The mandates would result in expensive control requirements being required of industries located in the area and considering moving to the area, and would also negatively impact the public. The U.S. Environmental Protection Agency (EPA) developed a program replacing the O3FIex Memorandum of Understanding, which expired for Corpus Christi when the one -hour standard was rescinded in June 2005, with an 8-hour O3FIex Memorandum of Agreement. This agreement, like the O3FIex MOU before it, allows an area to develop control strategies unique to the area that most effectively reduce ozone levels in the airshed. The Corpus Christi Air Quality Committee developed the 8 -hour O3FIex Memorandum of Agreement with EPA and the Texas Commission on Environmental Quality (TCEQ). Input was received from all interested parties participating in the Air Qualky Committee. Execution of the 8 -hour O3FIex Agreement provides time for the Corpus Christi Air Quality Comrnittee to scientifically analyze the causes of any ozone exceedance or violation, should one occur, and define and implement control strategies to address the problem. As long as the 8 -hour O3FIex agreement and control measures in this agreement are being fully implemented, EPA would consider that circumstance in exercising its discretion in making a decision to redesignate the area to non - attainment. FUNDING: No funding is required. RECOMMENDATION: Staff recommends approval of the Resolution. Ronald F. Massey Assistant City Manager Attachments: 1 Summary of the 8 -hour O3FIex Memorandum Agreement BACKGROUND INFORMATION Subject: 8 -hour O3FIex Memorandum of Agreement Project Description: The Corpus Christi urban airshed, comprised of Nueces and San Patricio courNies, experiences episodes of elevated ozone levels. At times the recorded levels approach the federal eight -hour standard of 0.08 parts per million. Should the fourth highest reading in a calendar year, averaged over a three -year period, exceed 0.08 ppm, the area could be designated in non - attainment of the standard resulting in control mandates from the state and federal govemments. These mandates would result in expensive control requirements being required of business and industries located in the area and considering moving to the area. EPA and TCEQ would also impose rules impacting the public as is occurring in areas such as Houston and Dallas -Fort Worth. An example of those rules would be a mandatory vehicle inspection and maintenance program. Federal financial assistance in highway construction could also be jeopardized. The U.S. Environmental Protection Agency (EPA) developed a program replacing the O3FIex Memorandum of Understanding, which expired for Corpus Christi when the one -hour standard was rescinded in June 2005, with an 8 -hour O3Flex Memorandum of Agreement. This agreement, like the O3Flex MOU before it, allows an area to develop control strategies unique to the area that most effectively reduce ozone levels in the airshed. The Corpus Christi Air Quality Committee developed the 8 -hour O3Flex Memorandum of Agreement with EPA and the Texas Commission on Environmental Quality (TCEQ). Input was received from all interested parties participating in the Air Quality Committee. The agreement sets out a program for identifying the cause of any episode of high ozone exceeding the eight -hour federal standard based on good science. The agreement contains a list of options for control of ozone precursors to be evaluated and timetables for action in the event of an exceedance or violation. This agreement allows local interests to determine the best strategies for bringing the area back into attainment of the standard rather than state or federal mandates. Execution of the 8 -hour O3FIex Agreement will provide the opportunity for the Corpus Christi Air Quay Committee to scientifically analyze the causes of an ozone exceedance or violation, shookl one occur, and define and implement control strategies to address the problem. EPA and TCEQ commit to informing the Air Quality Committee of all available options and flexibility, to the extent allowed by the Federal Clean Air Act, in the event that the area, or any portion of the area, is determined to be non - attainment for the 8 -hour ozone standard for the duration of this agreement. EPA supports flexible approaches that account for the complex nature of ozone formation and has provided SIP credit for communities that adopt quantifiable measures for ozone reduction plans that may be required in the future. EPA will, consistent with the Federal Clean Air Act, do all it can do to allow the Airshed appropriate State Implementation Plan credit for strategies implemented under the terms of this Agreement. Prior Council Action: Council approved execution of the original Flexible Attainment Region Agreement in 1996. Council also approved the subsequent O3Flex Memorandum of Understanding in 2002 Future Council Action: No future Council action is anticipated regarding this 8 -hour O3FIex Agreement. SUMMARY 8 -HOUR O3FLEX MEMORANDUM OF AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, THE ENVIRONMENTAL PROTECTION AGENCY, AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY Agreement Provision — Should a violation of the federal 8 -hour ozone standard occur, EPA would consider factors including air quality data, planning and control considerations, or any other air quality- related considerations the Administrator deems appropriate, including time to allow the implemented contingency measures to work. As long as the 8- O3FIex agreement and control measures in this agreement are being fully implemented, EPA would consider that circumstance in exercising its discretion in making a decision to redesignate the area to non - attainment. EPA and TCEQ commit to informing the Air Quality Committee of all available options and flexibility, to the extent allowed by the Federal Clean Air Act, in the event that the area, or any portion of the area, is determined to be non - attainment for the 8 -hour ozone standard for the duration of this agreement. EPA supports flexible approaches that account for the complex nature of ozone formation and has provided SIP credit for communities that adopt quantifiable measures for ozone reduction plans that may be required in the future. EPA will, consistent with the Federal Clean Air Act, do all it can do to allow the Airshed appropriate State Implementation Plan credit for strategies implemented under the terms of this Agreement. Responslbllities of Contractor — The local signatories of the O3Flex Agreement are the City of Corpus Christi, Nueces County, San Patricio County, the Port of Corpus Christi Authority, the Corpus Christi Metropolitan Planning Organization, the Corpus Christi Regional Transportation Authority. Working under the auspices of the Air Quality Committee, the local signatories agree to continue the air quality research and planning activities funded by the Appropriation Rider Grants provided by the Texas Legislature through the TNRCC. In the event of In the event of an exceedance or violation of the federal ozone standard, the agreement establishes a timetable for determining the cause and establishes a list of potential control strategies to be considered for the area. This list has been developed in collaboration with all interests participating on the Air Quality Committee. Payment — There is no funding or cost component to this agreement. Term — The agreement terminates five years from the execution date unless the signatories mutually agree to continue it or terminate it early. ATTACHMENT #1 Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER TO EXECUTE A MEMORANDUM OF AGREEMENT WITH THE U.S. ENVIRONMENTAL PROTECTION AGENCY AND THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY PROVIDING FOR THE IMPLEMENTATION OF LOCALLY DEFINED EMISSION CONTROL PROGRAMS SHOULD THE EIGHT -HOUR FEDERAL OZONE STANDARD BE VIOLATED IN LIEU OF IMMEDIATE REDESIGNATION TO NON - ATTAINMENT. WHEREAS, the Corpus Christi urban airshed comprised of Nueces and San Patricio counties experiences episodes of elevated ozone levels and at times the recorded levels approach the federal eight -hour standard of 0.08 parts per million; and WHEREAS, should the area be designated as non - attainment of the standard resulting in control mandates from the state and federal governments, it would result in expensive control requirements being required of industries located in the area and considering moving to the area, and would also negatively impact the public; and WHEREAS, the Corpus Christi Air Quality Committee developed a program with the U. S. Environmental Protection Agency (EPA) and the Texas Commission on Environmental Quality (TCEQ) which allows an area to develop control strategies unique to the area that most effectively reduce ozone levels in the airshed. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1, that the City Manager is authorized to execute a Memorandum of Agreement with the U.S. Environmental Protection Agency and the Texas Commission on Environmental Quality providing for the implementation of locally defined emission control programs. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED AS TO FORM March 15, 2007 ry `1 Smith Assistant City Attorney For the City Attorney H:1 LEG -DIR \Shared \GaryS\agenda\200" 3- 201Res- 03FIexMOU.doc Page 2 of 2 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 H: \LEG -DIR \Shared \GaryS \agenda\2007\3 -20 \Res- 03FIexMOU doc 30 AGENDA MEMORANDUM City Council Action Date: March 20, 2007 SUBJECT: Cliff Maus Street Improvements, Phase 2 (6275) & Phase 3 (6276) BOND ISSUE 2004 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors Inc. of Corpus Christi, Texas, in the amount of $2,525,829.42 for the Cliff Maus Road, Phase 2 and Phase 3 Street Improvement Projects. (BOND ISSUE 2004) B. Motion authorizing the City Manager or his designee to execute a execute a Construction Materials Testing Contract with Rock Engineering & Testing Laboratory, Inc. of Corpus Christi, Texas, in the amount of $29,516 for the Cliff Maus Road, Phase 2 and Phase 3 Street Improvement Projects. (BOND ISSUE 2004) ISSI,JE: This project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No 1 Street Improvements. The construction contract and testing agreement are necessary to complete the work. FUNDING: Funds are available in the FY 2006 -2007 Capital Improvement Program. REfOMINDATION: Staff recommends approval of the motions as presented. aItMe ray, P. Director of Storm Water Services Eduardo Garana, P.E. Director of Water Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhiit "C" Project Budget Exhibit "D" Location Maps (2) L/ 0/07 R. Escobar, P.E. 'rector of Engineering Services H IHOMElRachelleIGEMStreetsk6275 8 6276- -3liff Maus\Con;VuctlontAgenda Memo dc: c Foster Crowell Director of Wastewater Services BACKGROUND INFORMATION SUBJECT: Cliff Maus Street Improvements, Phase 2 (6275) & Phase 3 (6276) BOND ISSUE 2004 COVSTRI4CTION CONTRACT: The proposed project consists of the following improvements to Cliff Maus Street in the locations listed below. The improvements include a three -lane collector roadway (C2) with two travel lanes and a continuous left -turn lane; curb and gutter and sidewalk: underground storm sewer; water and wastewater and new street lighting. Phase 2 — Old Brownsville Road to Bear Lane - This project includes the reconstruction of Cliff Maus Road from OId Brownsville Road to Bear Lane; specifically, site excavation, 8,350 SY of 6" subgrade preparation, 8,350 SY of 6" base, 7,025 SY of 5 1/2" HMAC, 3,190 LF of curb and gutter, 2,040 LF of underground storm sewer, 1,568 LF of 12" sanitary sewer and 1,620 LF of 8" PVC waterline. Phase 3 — SPID to Rockford Road - This project includes the reconstruction of Cliff Maus Road from Rockford Drive to approximately 200 feet north of South Padre Island Drive; specifically, site excavation, 8,275 SY of 6" subgrade preparation, 8,647 SY of 6" base, 7,475 SY of 5 1/2" HMAC 3,600 LF of curb and gutter, 1,624 LF of underground storm sewer, 1 ,696 LF of 8" sanitary sewer and 1,780 LF of 8" PVC waterline. BIDJIFORMATION: On February 28, 2007, the City received proposals from six bidders for Phase 2 and five bidders for Phase 3 (see Exhibit "B" Bid Tabulation). The project was bid as two separate projects because it is the City's intention to award the lowest combination of Total Base Bid Phase 2 and Total Base Bid Phase 3 to one or two contractors. The bids ranged as follows: FROM TO Iase,2 — OId Brownsville Road to Bear Lane $1,302,575.25 $1,806,414.82 Phase 3 — SPID to Rockford Road $1,223,254.17 $1,830,238.43 There were also three additive alternates for Phase 3: AA No. 1 -Two Course Surface Treatment; AA No. 2 - HMAC Surface Treatment; and AA No. 3 - Parking Lot Striping. City staff and the consultant (Naismith Engineering) determined that it was in the City's best interest to not award the three additive alternates. The City and Naismith Engineering are recommending that the construction contract for both Phases 2 and 3 be awarded to H &G Contractors Inc. of Corpus Christi, Texas, in the amount of $2,525,829.42. Once the construction project commences, the City will hold a public meeting to inform the neighbors and any other interested persons about the project and they will have an opportunity to meet the contractor and the project inspector. CONTRACT TERMS: Since City staff is recommending that the project be awarded to one contractor, it is proposed that the project be completed in 360 calendar days, with completion anticipated by April 2008 H ,HOME1Rachelie \GEN\Streetsi62 ?5 & 6276 'Iifl MaustCon -,c uction;Agenda Backgro, nd doc TEETIN�"j AGREEMENT: This agreement will provide for the necessary Construction Materials Testing contract and budget for this project. PIJECT 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 Saf9ety, 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. Previous Improvements to Cliff Maus Road - This project was part of the Bond Issue 2000 projects, It included the reconstruction of Cliff Maus Road to a 40 -foot wide section from Old Brownsville Road to just south of Rockford Road, complete with curbs, gutters, sidewalks, and drainage facilities. Minor wastewater line construction and water line replacement were required as a result of this project, which was accepted by the City in July 2004. PRip COUNCIL ACTION: 1 ovember 9, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects. (Resolution No. 026015) 2. November 10, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residence homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No 026022) 3, Mav 31, 2005. A. Ordinance appropriating and approving the transfer of $173,502 from the unappropriated interest earnings in the Water CIP Fund 4084 to and appropriating in the Street CIP Fund 3530 for the Cliff Maus Road Improvements Project Phases 2 & 3; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $347 004. (Ordinance No. 026286) B. Motion authorizing the City Manager, or his designee, to execute a contract for professional services with Naismith Engineering Inc. in the amount of $422,904 for Cliff Maus Road, Phase 2 -OId Brownville Road to Bear Lane and Phase 3 -SPID to Rockford Road. (Motion No. 2005 -176) 4. 4eptefnber 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No 026997) PRI?R ADMINISTRATIVE ACTION: 1 August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2 March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). N kHOME Rachelle \GENIStreets162 7 5 8 6276 Cliff Maus \Cors;ruction;Agenda Backgro ind.doc 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. August 23, 2005 - Administrative approval of a Geotechnical Testing Services Agreement with Rock Engineering & Testing Laboratory Inc. in the amount of $12,674 for Cliff Maus Street Improvements, Phase 2 (6275) & Phase 3 (6276) (Bond Issue 2004). i \HOME\R$chelle \GEMStreets \6275 & 6276 -c ''ft Maus \Cons' ct'onlAgenda Backgrourd doc EXHIBIT "B" L Page 1 of 5 I I $ • 70 166.25 S 26, 385 50 $ 8 g g 69 $ 45,617.00 10,725.00 -g80g8'g:''.-880gV§Fr§ • 69 8 44 69 8 8 49 8 ..-- 04 44 8 4 8 Ni 40 61 8 44 44 64 64 8 8 4- 61 44 8 8 : 69 VP 2 . 8 44 '.: . 8 4 40 44 $ ?g41116.2.6FiElig Di VI 40 $ 8 R d c...i 4 444 44 R uS c4 64 44 8 2 o- o4 40 44 o: ui 40 64 uS 44 a 8 ui o4 64 49 $ (4 64 .. c.,4 V 40 1 04 44 44 64 69 la 69 w' os, os 44 64 69 40 40 49 60 V) VP 69 40 li. V) 449 40 4- 40: 14 OA tri 19 $ 137.85 e 17/ 7r1 •;2:1;133:41F54 S S $ 2,525.00 e o era 7e r , S 2.60 E 2.777.95 4 14 DF 14 SAY LTD. PO BOX 9908 i ..ORPUS CHRISTI, TX 78469 E 76,545.00 6 34 020 00 TS 4,308.00 ad C11 nn 8 8 . 8 8 8 ::, . ., 2 8 .. 8 . $ . . 2 .1. 8 t E 3,200.00 S 250 on 8 8 . . 8 . 8 8 8 . . . 8 8 . . 8 . 2 . . . 69,600.00 t 66 71,111/111 E cc , 66 $ 14,000.00 E 1B 00000 $ 3,500.00 c o rnn nn $ $ <Ni ui 69 69 $ $ vi yr" 44 449 $ 9,720.001 S 3,900.00 f _ 6 8 t 10 8 4 64 8 88 0 4.4. .4 64 8 0 en IA 8 6 :_t: 64 8 8■8 •,.:. ,r c 0 ' al 44 09 400 2 • - , +A g 8 - 4.1 49 44 ',(i8 N r 1 mr; 4/6 8 8 l sr g tv 40 44 8 2 g <6 N 04 40 8 8 o.: F:4i 60 44 8 oS vt 44 8 8 § § 44 8 8 § § 49 64 8, § 440 0 0 0. Z = E 145.00 S 1717 nn 0 44 8 8 MD 444 8 8 49 49 8 8 641 44 $ V Vv2.50 $ 2,000.00 S 41 ? 8 6 40 8 C.4 44 $ g 40 8 8. g IA 49 7:- g! fol 40 2 14 0 812 t,...01 d 611 44 ' 4#0 A . IA 2 8 f:s.." -7, ,,,- - 401 44 - 0 - 49 -. 8 8 0. m-- — 44 61 $ v. F, 1 --.; 40 44 ,s4 ,-. i",1 44 44 S 2,95200 c ■-•, $ 'i 1 64 40 5 9 483 76 E 6,322.50 0 1 mr • ,, . 1 r 4441 g z co 44 49 co cc, cm IA E 7,136.82 I E 889570 8 V/ 44 r,asrow ..- co vi ca 44 69 46 69 44 E 4,7361551 ! i • i 4 i co' lo. et 44 ..: 44 0 0 4 49 40 VP ,..., - 40 64 - 646 215 S 4 -02 - 4/6 - 6 44 VP r. 49 r--. ei i vir 69 oi 64 69 oi vi 49 40 74 c.I. 1 I sr- cri 44 49 444 44 40 ci, Di 44 ,,c 66 4.4 ::: * w RI s zo- L Z 7 49 69 61 0 44 $ 3,568.41 $ 4.447.60 7 8 e4 § V/ 19 19 40 S 11,198.85 $ 943.18 S 4.86 $ 1,770.30 S 3.92 $ 364.35 • • $2282.8$$ 0 0 0 0 co tr2 a 0 49 44 4 4. •- CO 69 1.1. IA 1 8$ ei — 14 49 E_._ 1,265.00 E 4 057.50 2 $ r: cd", 40 61 $ 2 . $ di r: 44 te 69 $ $ $ $ $ ri ci di e) 10 VP 64 69 49 69 $ n 69 8 di 44 $ oe• a 44 8 a $ MI" 1!...4: .- CD . VP 64 64 8 $ .= I.- 4- - 40 14 $ r: 44 S 2,350.00 S 6,800.00 E 6,000.00 S 325.00 $ 512.00 $ 4,400.00 S 3,780.00 $ 4469 $ 4 2 .4-, 40 8 8 0 4 ri oi 40 .6414 49 441 0 8 8 c,i ;7, u-i 49 4•40 44 8[ g 53 —: ai .o, 64 .. 09 n 8 .- 6 49 64 sls ov VI r., 8 o• ei * 44 69 44 $ 188.00 S 6.50 S 15.60 S 15.60 $ 15.60 $ 2,000.001 5 65,000.00 6 1000 00 8 § 19 8 § 44 UNIT PRICE S 99.00 S 140.00 $ 168.00 $ 170.00 S 1,900.00 $ 3,800.00 $ $ § cm ci 4•4 44 $ 3,400.00 $ 6,000.00 $ 325.00 $ 0.25 $ 2,000.00 S 1.75 8 61 $ § W 14 ISLES, INC. 1OLDSTON 1RISTI, TX 78409 AMOUNT 8 8 8 14 44 44 $ 96,916.50 E 129,222.00 $ 38,280.00 S 9,750.00 5 54,950.00 S 784.50 8 *4 69 8 8 8 V 14 49 $ 900.00 S 5,775.00 E 1,445.00 S 3,200.00 $ 2,720.00 E 2,720.00 5 25,000.00 E 1.50000 8 60 8 14 2 AMOUNT 5 6 440.00 $ 33 600.00 $ 34,440.00 $ 146,720.00 88 64 49 S 6,400.00 $ 2,100.00 88 44 49 8 828888!825388,98518888888888,8 4 0 .-i fa 64 44 69 <.i 0 N 69 44 63 '' 'i •- - 6 ' In 49 VP 44 69 60 ' 'i 44 69 g g 'a '.. § § § - .r- 401 10 04 IA 64 14 49 4944 § § 49 44 0 (..) 8888 0. g Ci ,_ /- Z = 4* 44 43 v. $ 2,000.00 S 2,800.00 $ 3,200.00 S 2,100.00 $ a & § N. 415 ... et S _ 2,340.00 5 877.50 $ 5,568.75 $ 1,147.50 S 2,800.00 S 2,360.00 $ 1,431.40 E 12,300.00 '.. $ 3,000.00 8 8 § 64 • 14 AMOUNT S 11 776.00 $ 35,040.00 S 30,176.00 $ 119,472.00 $ $ or WO 44 a $ r-39 44 69 $ 5,800.00 S 3,100.00 $ 4,100.00 E 2,048.00 $ 3,630.00 $ 6,480.00 , E 14625 $ 17550 E 8.75 E 13.50 $ 14.00 E 14.75 S 4,210.00 E 12,300.00 $ 1,000.00 E 2,635.00 $ 5,000.00 UNIT PRICE E 64.00 $ 73.00 $ 92.00 $ 114.00 . $ 39.,, 64 IR E 3,500.00 $ 2,400.001 8. $ § ? oi cm- 44 44 LE L45 to < 6 t ...z -J Itl LL .a 6 6 6 6 13 Concrete Sidewalk Removal 5' Concrete Sidewalk 4' 0408e9 YeIow Tham0- P41pic Stripe 4" Snikt VM4w Thannn_Pla xr CI ...e E E ea es c z et re V- • l ype 1 u cum Kamp Erosion Control By Seeding Traffic Control Ozone Action Day 'Traffic Signal Pedestal Pole Foundation Traffic Signal Conduit and Wiring Allowance TOTAL ITEMS A1.1- A1.26: STREET IMPS. 2 0 a. a. ci. a. 0000C Ora 0. Luro Inlet Manhole - Type "A" Manhole - Type "B" 4'x4' Post Inlet 5'x5' Post Inlet Dutfall Structure Rock Filter Dam french Safety For Drainage Erosion Control By Seeding Silt Fence R « « « 0000000000i EXHIBIT "B" L Page 1 of 5 w X N to 0 H 0 0 O LL Ow z W Ov 5w Rm Zi W W Z Z W LL Q N z W a W O GARRETT CONSTRUCTION PO BOX 1028 I fmMARI ,Tic pAt i rtiO§fi 888848 ..... M V M( N $ p N? 49 t. 2 0 ° mA N ryN q N N .e_. O N yN 'yO N M 1 i t V $ 39,173.25 �3pp N O A O• AA N a8 N8g._ Y of ' N N N I n N “o�upy8e44.S8Pv m m p N N N O 0 tp N M N N § N N a N �d S�8 § O N- N N 1. N I` gt F N N n± M •9 O? ” p p P 0 o O 2 g g 0 0N 8 N O N ry Q. $ N ^ N p N n fm F p O .N- 14 0 g N 0 $$$$$$$ 1 QO M N {p pm h tD N Om Y1 N N pN f V N !:::::::::::::::: pN .8880888888888888 I pN O ppN pN pN pN pN pN pN pM pN pN pN pN 5 12,000.00 $ 12,000.00 $ 39,192.00 nnn nn p 3 O i N �p p +w$888 M pp e N 1� O ®8p8C IV N 00'OSL E 00 S9r $ 00'06Z -- f 8888 N tl N N $ 12000 $ 210.00 $ 95.00 130.00 t lennn d(6,60-0- (t N N 49 49 N N N NNN 8p p8 ED g p":2 /� i2g N m ii G7 gii . NT $ 2,844.00 $ 9 MUS {y �p 1�9 M N �p (n� O A N li E m N N N N N M' y� 2S8O t; N N O IA M N R N N p p �p {p88ORtpO38O pw O E tV 0 (p Oi O .5 . N N M N ....... 8$80 0 O p p 8O 0 O N 445 p 8S 8$0(4 O O~ ! .0 .:NN N N 1 o� q .1O�j y� Ir O• �( e �p a9 �! N it N M N $ 553 78 $ 311.01 $ 365.94 $ 1,042.88 $ 226.59 ^ N h O 8 N Vf 8 8 O O l� 0 N N N to ....... 8$ 50� 8 505�� 550�� $ 11,000.00 $ 8,000.00 S 11.32 $ 1,262.85 S 2,848.14 / N fyp1 19 ^ tl O g2 C) J UNIT PRICE AMOUNT $ 0.25 $ 450.00 $ 40.00 $ 72Ag000 88 R N N t N O t`' M .. $ 2,000.00 $ 4,200.00 S 3,100.00 $ 2,400.00 $ 780.00 M 88888888 Rii§YOo�� N N N $ 77,182.00 $ 7,160.00 $ _ 5,078.00 $ 6,625.00 $ 6,627.00 $ 6,300.00 8888 e-,(6 - N N $ 7,700.00 $ 3,300.00 $ 11,570.00 $ 1,500.00 e gemm 8 tl' 8888 O A ' r �ti O 8 N N 8 8 8 !D ' N lV N N N N 1$$$$28$$$$$$853$85$ O = tD N v W$ N O to �j N f� rl c di Of O KING ISLES, INC. 1341 GOLDSTON CORPUS CHRISTI, TX 78409 8 tl NNMNN p888§8 8N 8gggg V/NNN N ! 8 m N $ 48,450.00 S 114,700 00 88888888.$$$$ O 0 8 8 8 8 Q O 0- ^ 0i (6t0 NNN W NN 8 8 O6O N 69 $ 12,000.00 $ 5,500.00 $ 17,800.00 S 2,500.00 $ 3,500.00 S 45,724.00 $ 3,000.00 $ V p NNNI 8$ 8 N N 888 U N N 404.1.w $ 300.00 S 400.00 $ 800.00 1 S 300.00 1888888 8 N O g N N $ 195.00 $ 225.00 5 150.00 $ 175.00 $ 190.00 S 8,700.00 0 C S 12,000,00 $ 5,500.00 S 10.00 $ 2,500.00 $ 3,500.00 $ 14.00 S 3,000.00 i 1 h "- K a ig5N (i d tl oo V AMOUNT $ .- 1,800.00 $ 81 888888 § § §mmm 8 i 4D,VJO.W $ 62,000.00 $ 54,908.00 $ 5,200.00 f 3,854.00 $ 4,717.00 $ 4,747.00 S 6,000.00 $ 7,100.00 N N N N NNN N O 0 NNN4 .-i p p O O ^ i ` " p p 88 8 ^ „ • S 275.00 5 270.00 $ 485.00 $ 200.00 — G1NT Pti` $ 70.00 8888888888: p O N VP � ( m Q O m O O 6 g CCOrti r r� N N N N N N • • ,,w.w $ 8,200.00 $ 3,900.00 $ 1.00 $ 1,025.00 $ 2,100.00 $ 0.10 5 80.00 J J J J J J t/ J 1666. 6 6 _ V J Irs nn rrywwa VII tae 8"x8" D.I., M.J.. Tee aaa e ' r b ( 8" PVC (1T-15-:-Cut- 8" PVC (1819' Cott n i` r UIIHF n in � t r n ina in -- r l- Connection To Existing Manhole Connection To Existing Manhole w/ Outside Drop Conn. Dewatering Trench Safety For Manholes TOTAL PART D1.1- D1.1$: WASTEWATER IMPS. SU8"TOTAL.PART C WATER SUBTOTAL PART D WASTEWATER - N (h R H 0 ^ tD 03 0 .- 300000000000000000 04 0 ■ in t0 t....- col I 1 i 0 0 0 ig0 t0 a 0 2 Q BID DATE FEB O 0 TED BY Ntllie Rivera GARRETT CONSTRUCTION c0, PO BOX 1028 INGLESIDE, TX 78362 :5 4s n M M ... ._.29,399.80 S d 91111111 2 gym m a N N N 88 u' N N 8f g5 ^ N N V 943.20 e z ewe .n $ 439.20 a . 1.100 50 $ - 179.95 $ 36 sn , o0 3,171_00 • .omaft �8 l'-' ) N 40,590.25 E 3000 DO Z a 9n 7an 1141 $ 1SF, ;°c' f N � Y 12,597.80 8848 uOrl 4.... S 3.40 380 $ _ 11.45 S 20.05 S to SS 3$848R8RR88$4288 .- f ,i ''.= - r''a N W - N N N N N N N N S 564 9S 9,257.85 1 ll S A I8 S g I N W Eg N N° O R N N °'4 w' N N $ V V 9.15 E 431 00 3 ) ■ SLC CONSTRUCTION, LP. PO BOX 639 CONROE, •TX 77305 88 U A N 00000000000 8828 g g P gQQ§ OMf 1e 8848E O t $ _ 1,110.00 $ 3,870.00 $ 98250 �- 0 a g •- 0 0 185.00 5 20,280.00 E 2,240.00 $ _.._. 3,380.00 1380.00 a 720 no S C1 0 0 $ H o N )■ V' i 8E 00 00009 8 $ 00'09L'L E 00 "ZC4:SZZ E g a r 49 41 $ 1,600.001 $ 48 000 nn $ 323 170 .00 $888848 O f< M N . Q N N N N N N $ 16.00 $ 150 i fV s2'4"12 n 0SL E 888888888 ..... A""§§§ .44. i $ 102.50 $ 151.50 $ 1 940.00 $ 4 300.00 5 3 900.00 $ 5.25 88p N N BAY LTD. PO BOX 9908 CORPUS CHRISTI, TX 78469 $ _ 59.94.80 $ 88.470.00 8888 g .... N 6,240.00 $ 88.309.00 88458 QV,;: N N N N 8888 gt§Fi N ....44 88888 vo N N 88 Q§ N N N o a1 N g Q 88888888 N.Q§ .44.44.. N §F0§ 8 0 N • N 8 8 8 8 D O D O 8 8 8 OY 8 8 8 ,6P. 8 - 8 8 8 8 ON 8 8 8 2 8 8 8 8 4 8 8 8 8 8 pO ,8 p g 88888588 N O O N h O 2 M O^ KING ISLES, INC. 11141 OOLD*POW CORPUS CHRISTI, TX 78409 8888.88 - N N N N N $ _.. 100,912.50 $ 134,550.00 S 43,200.00 .888 g3 0 0 1110.00 3,715.20 917.00 [5$$$ 3,230.501 0 0 " ' N l+i ., 0 0 0 4 0 0 0 N 1 0 0 0 iZ .88888888 m Z ♦ ♦ cli o a7 of M 47 N 00000000 8 N 888888888R8NS.N8888S888S88S8 b ul O M N V1 N t7 1q N m N N N N N — M 4 N N N N m N N 8 A n, m m N N N N V! N O O N e6 N N N UNIT PRICE 5 35.00 $ 70.00 $ 2 000.00 $ 2,400.00 S 2 800.00 $ 2.00 $ 400.00 $ 18 000.00 1 H & G CONTRACTORS, INC. PO'ettX 10108 i CORPUS CHRISTI TX 78460 $ 140.064.00 5 99,440.50 $ 54,043.75 $ _.._ 5,890.50 E 93,437.50 5 158,975.00 $ 47,700.00 888 r. N 49 I $ 1,11000 3,87000 88888 N }+ 888n888N8 43444343 r N n 427.00 148.25 $ 1.462.50 $ 175.50 5 175.50 $ 7.00 $ 21,84000 $ 13.50 $ 1,890.00 $ 14.25 $ 2 992.50 $ 15.00 E _ 1,275.00 $ 4,212.00 $ 1,518.32 $ 12,500.00 $ 12,500.00 $ 1,000.00 $ 3,000.00 $ 739,481.57 UNIT PRICE AMOUNT $ 84.00 $ 8,704.00 $ 84.00 $ 124,992.00 $ 2,600.00 $ 10,400.00 $ 800.00 $ 1,600.00 $ 3,500.00 $ 10,500.00 $ 1.00 $ 1,512.00 $ 80.00 $ 720.00 $ 3,500.00 $ 3,500.00 8 N 88 ,1"538 N niN S 21.00 13.25 X88 < r N M�� I$ 1.50 E 1.25 { fA (O J J J J J < J W W %- W fA fA Q <, W ��yy 0-_,6666 SSJ N N< p N O �- 4 ry el O M p Q lh O N M N U) IMAM EXCwBYa t and Embankment 8" Flexible Rase liro- concrete cum and Gutter Concrete Sidewalk Removal 5' Concrete Sidewalk -- -- - --- -- *SO Mal TlMnna-PIalffic 8ffipe -"_ -- 4" Dashed Yellow Thermo- Plastic Stripe 4" Solid Yellow Thermo-Plastic Stripe 12" Solid Yellow Thermo- Plastic Stripe 24 Sokd Yellow Thermo - Plastic Stripe 24" Type "C" Crosswalk and Stop Bar Theme-Plastic..._'. 12" Tyr.. "C^ Crosswalk en d So Bar Thermo-Plas hc Pm- Fabricated Pavement Marki T Arrow Pro- Fabricated Pavement - W ord Concrete Drivewa wl Tied Sidewalk Tl•- 1 Curb R T l• - 2 Curb Ram. Type 11 Curb Ramp a Ias a 111 1-0g TOTAL ITEMS A2.1- A2.25: STREET IMPS. t BID ITEM 18" RCP - - 38" RCP Std 5' Curb Inlet Std 5' Curb Inlet w/ Extensions Manhole - Type "A' Trench Safety For Drainage Trench Safety For Drainage Structures Traffic Control TOTAL PART B2.1 -B2.1: STORM WATER IMPS. 1� m O) ( . < N V NN << Q< N m fy N< D W 0 tV (N N tyV (Ny < M O 0 Ny N < _ i 1� ryN M It) (py ^� tm� tig N N NN N N N N 888898258253 *110mgo N . ............. N _ � 88 fl_4 O m V. !C Nv ��pZ 5V .x Q 888gRg3885318RR8853 1. ................. kr'ii m m O N' ty . Tg e e gg8th o N O1 O; Vnmq1 O m v� N 88 g8y� 3 3S .. 8 N 77 ppp ry t(( 8.5282 � yy ♦ v-41- ..4/314..* o^ 8 .- g N 8 N 859.90 $ s 859.90 $ 479.90 E N N s N - m p 8 8 F I ...NNW 8 8 01 � N 2 8 N a 1U, 111,0.41.1 $ 11,757.90 $ 14,781.40 $ 15,321.30 8s86, � { N A* Y CO N N p e M V S 2,328.801 ▪ in 0/1 q8,2 & S _ > fV Y' M o; hi M N ww� egi n N ` L p O p SLC CONSTRUCTION, L_P PO BOX 639 CONROE, TX 77305 t 8 8888888 pp81p�1(o�8(p� Z O§ N K N 0 N w R A N N N N N 00.002'c - -- . f 0000 • - -- -- S I ■ :88 N Y N 1 $ 10,000.00 I $ 3,200.00 I $ 3,200.00 8 4 N 8 1 N 88888888888888888 1? Q N 488888888888888588 7 8888 Q N N N N N ♦m I+f O ....... i O N f 17,200.00 1 8 3,000.001 S 8,000.00 I O, g 18888888888 §1§ aD V P1 W ..... N N O N § m D O ...... §§ D O {'f §FIR§ N O N N 88 O O N N N R es " N 8 f N 8 i h! „ N AMOUNT I UNIT PRICE AMOUNT $ 91.200.00 5 70 nn I S oa rrvl m I a 1§ 8 V N 8 N V8 ! p N ry VI 88888 N N N N N N mum 5 530.00 s 1,500.00 I i 270.00 8 g ........... 88888828818 N N fl§ 5'8 69* s 2,090.00 8 8 +8R N N 8 8 O N N a t*U.W 5 1,800.00 $ 25.00 1,500.00 8 O N 8888888888 O 2 m P Hui N N N N 8 8O N N 8 N 8 88 88' N N 8 8 N N 8O N 88 NM O 88Q8Q58QQQ8Q8Q.8y�8Q8Qg848�8�¢558� N .... N N N.. N K Y1 8 N 88888888888.888888 2 ....... Q QQ QQ yy��QQgy$QQQQ55�� Yi N N N Yi N N N N N 8 N 411 A E 183,200.00 88 '! Nj N N I 8888888888 8 § § §8 §g i+1 N N N N N N * e N N N § m N I 11N11' Orel(' 88888888888888888 8F59 § ale I § § N N §°88"' N .. §§ .- § 8S p. N a K r M & G CONTRACTORS, INC. PO BOX 10706 .ORPUS CHRISTI, TX 78480 8$ 111 .. K 888$8888 N. ........ N 8 m N 8 4 N $ 20 440.00 8888888 O N A e m $ 1,025.00 3,100.00 $ 10,400.00 88 .0 $ 10,725.001 8 iJ N Ramon! $ 174,000.00 F ww 8t 1' =N�Ni = 888888 /g8 NNNNNNNN4 888 -g8 . • " N N N N 5 3,800.00 $ 4,200.00 t R,WhM 868 • o u.UU $ 80.00 $ 975.00 s ' 38.25 aa J J J W 66,6° W W } 0' N N N .- •- a •- `� e 88 O 8" D.I., M.J., 45 Degree Bend 8" 0.1., M.J., 90 Degree Bend --A 8' PVC (7' -9' Cut) .— 8" PVC (9' -11' Cut) 8" PVC (11' -13' Cut) 18" PVC (13' -15' Cut) '4' Manhole T-9 m eahi- O g 1. . C7 7LL 01 i TOTAL PART D2.1 -0217: WASTEWATER IMPS 1 GARRETT CONSTRUCTION CO. PO BOX 1028 INGU NOM, TX 161102 « 41 @■ 8 !§ « .- OP Of \ . 64 �. \ 8 ■ of ' $ 730,143.131 ' i - e; 1,1 - - # #m EE£ f© #■ 0. k -_ 1 $. SLC CONSTRUCTION, LP. PO BOX 839 COMM& TX TTJ19S # 27§ WV 8 E VS - 8 ¥ 8 � - ,....-d - 888 k2 - --- 888 K ■�, % §K -- §66 . 66 18 5} § §x Ik$ . AMOUNT 9 133 070 nn ■ - 8 i ® 8 I ± - 88 _ 888 ; Eiji ri �/ ® en et - - UNIT P E E 27.90 ( k �I i2( V.2& i!\ �`i a#.# E $� -® @ - a § � - m § - °m. ■A k! �� # -�� m## 11$ §g- ®. Vil VP l.., ! 22 k 1 K 1 EE/ l_# 2! 7 81 _ ■* t B■w « -- ■ i1- $ _ 8 250.00 ■ ■ ` - ■ 8- k.. � .6 -- - - - - -- #m# § - §F. -- UNIT S 42.00 1 k -'-i � CLIFF MAUS DRIVE, PHASE 3 (PROJECT NO. 6278) . $§§ k` , ITEM BID ITEM AA2.1 3 Parking Lots (Alternate Pavement Section) 9 .r }t <$ § i co iLTOTAL PART AA3.1: ADDITIVE ALT. NO. 3 , . awns g =ATER TOTAI t3ACF R Ifl DUACF ! AUOITIVE ALTERNATE NO. 2 ADDITIVE ALTERNATE NO. 3 .._..... #§ CLIFF MAUS STREET IMPROVEMENTS PHASE 2 (PROJECT NO. 6275) & PHASE 3 (PROJECT NO. 6276) PROJECT BUDGET March 20. 2007 FUNDS AVAILABLE: ESTIMATED BUDGET FUNDS REQUIRED; Street CIP $1,785,155.64 Storm Water CIP 755,258.15 Water CIP 549,278.66 Wastewater CIP 343,299.16 Construction lns •ection 101,033.00 GeotecI nical Testing Services (Rock Engineering & Testing Lab) 12,674.00 Total...... ...... $ 3,432,991.61 Land Acquisition FUNDS REQUIRED; IIEXHIBIT "C" Page 1 of 1 I Construction Cost (H &G Contractors Inc.) $ 2,525,829.42 Construction Contingencies 252,583.00 A/E Consultants (Naismith Engineering Inc.) 422,904.00 Construction Management Services (AGCM Inc.) 29,660.19 Construction lns •ection 101,033.00 GeotecI nical Testing Services (Rock Engineering & Testing Lab) 12,674.00 Construction Testing Services (Rock Engineering & Testing Lab) 29,516.00 Land Acquisition 1,500.00 Engineering Reimbursements 26,772.00 Finance Reimbursements 25,258.00 5,262.00 Incidental Expenses (Printing, Advertising, etc.) Totai.. ,... ......... . _ .... . $ 3,432,991.61 IIEXHIBIT "C" Page 1 of 1 I \exr;DZ Cwy AGNES 0 CORPUS CHRISTI BAY PROJECT LOCATION EAR W. POINT LOCATION MAP Nor m scALE PROJECT SITE PHASE 2 PROJEQJ # 6275 VICINITY MAP NOT m 0 SCALE EXHIBIT 'ID' CLIFF MA US DRIVE, PHASE 2 OLD MOWNSVILLE RD TO BEAR LN CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 03-08-2007 MW ■1111%••■..0. ark. ,ext oz, CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE 66 PROJECT SITE PHASE 3 I/ICINITYMAP \ NOT TO SCALE PRQ�CT / 6276 F .R; 3 KENNEDY ELEMENTARY SCHOOL %3�►E == 11111 ■ i_.11111 AIM_„__ __ _ 4__ �_ _. _e il• MEM i�.�.�,a: , __� __._ / __ __-j__•:_ __=s __ __ MUM __f_ E. - _ y_ n- __ _.4c_ =1— �11.1___ *4.3 II I iii NI I EXHIBIT "D" CLEF MAUS DRIVE, PHASE 3 SPV TO ROCKFORD ROAD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 03 -08 -2007 City of Corpus a— Christi