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Agenda Packet City Council - 05/29/2007
CITY COUNCIL AGENDA MAY 29, 2007 Corpus Christi '1 45 A.M. - Proclamation declaring June 2007 as " Community Connections Day" Proclamation declaring the week of June 2 -9, 2007 as "National NeighborWorks Week" Goodwill Ambassador Certificates for the Corpus Christi Concert Ballet At Your Sery +ce" Award, City Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 MAY 29, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE MOHIBilrED NV THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. if you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle Persons will] disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary s office .' at 361 -826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Rod Carver, Calvary Chapel Coastlands. 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 Nelda Martinez Council ',embers: Melody Cooper Larry Elizondo, Sr, Mike Hurnmell Bill Kelly Priscilla G. Leal John E. Marez Michael McCutchon City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Agenda Regular Council Meeting May 29, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: Approval of Regular Meetings of May 22, 2007. (Attachment #1) F. BURINS & COMMITTEE APPOINTMENTS: (Attachment #2) 2. '` Airport Board Animal Control Advisory Committee Building Standards Board Cable Communications Commission Oil and Gas Advisory Committee Transportation Advisory Committee G. EWLANATION OF COUNCIL ACTION: For administrative convenience certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item H. CONSENT AGENDA Notice to the Public The follov*ig items are of a routine or administrative nature. The Council has been furn *hed 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 bung discussed separately unless requested by a Council Member car a citizen, in which event the item or items will immediately be withdrawr4orincividual 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. CpNSENT MOANS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (Atthis point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting May 29 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Motion approving the purchase of playground equipment from Total Recreation Products, Inc., of Cypress, Texas in accordance with the Texas Local Government Cooperative Purchasing Agreement in the amount of $46,185.44. The park equipment is purchased for Mt. Vernon, Parkview, Mobile, Castle and Candlewood Parks. Funding is available in the Park and Recreation 2005 Capital Improvement Program Fund. (Attachment #3) 4. Ordinance authorizing the issuance of a Beach Festival Permit to Clear Channel Broadcasting, Inc. for "C- Sculptures" at Gulf Beach between Zahn Road and the North Jetty of Packery Channel on June 9, 2007 (Attachment #4) 5. Resolution dedicating certain property owned by the City and looted at Whitecap Boulevard as Maryanne's Way, a public park, a strip of land more specifically described and shown in the attached metes and bounds description and survey (Exhibit A). (Attachment #5) Resolution approving an amendment to the City Investment Policy to add Federal Agriculture Mortgage Corporation Obligations as authorized investments for City funds. (Attachment #6) Motion authorizing the City Manager or his designee to execute Change Order No. 5 to the construction contract with T & C Construction Ltd., of Houston. Texas in the amount of $311,316 for a total restated fee of $6,277,526.41 for the Downtown Drainage Improvements, Phase 1, Project B - New Kinney Street Pump Station. (Attachment #7) Motion authorizing the City Manager or his designee to execute Change Order No. 1 for additional curb and gutter, driveway awroaches and pavement repair quantities with A. Ortiz Construction, of Corpus Christi, Texas in the amount of $77,000 for a restated not to exceed construction contract total of $393,850 for the Rolled Curb and Gutter Replacement FY 2006- 2007. (Attachment #8) 9.a. Motion authorizing the City Manager or his designee to execute Amendment No 5 to the Contract for Professional Services with Colwell & Associates. Inc., of Corpus Christi, Texas in the amount Agenda Regular Council Meeting May 29. 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) of $67,135 for a restated fee of $561,518 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1 for additional construction inspection. (Attachment #9) 9.b. Motion authorizing the City Manager or his designee to execute Change Order No. 4 to the construction contract with R.S. Black Civil Contractors, Inc , of Corpus Christi, Texas in the amount of $132,643 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1. (Attachment #9) 10.a. Ordinance appropriating $65,000 from the reserve for maintenance in the No. 4050 Choke Canyon Dam Maintenance Reserve Fund for Engineering Construction Services associated with maintenance repairs; transferring to and appropriating in the No. 4080 Water Capital Improvement Program Fund; amending Ordinance No. 026908 which adopted the FY 2006 -2007 Operating Budget, increasing the approved budget by $65,000; amending Ordinance No. 026997, which approved the FY 2006- 2007 Capital Budget, Increasing the approved budget by $65,000. (Attachment #10) 10,b. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Engineering Services with Freese & Nichols, Inc , of Austin, Texas in the amount of $65,000 for a restated fee of $537032 for the Choke Canyon Dam Improvement Project (Attachment #10) 11 Motion authorizing the City Manager or his designee to execute a Construction Management Services Contract with Anderson Group Construction Management Company, of Corpus Christi, Texas in the amount of $199.350 for the Master Channel 27 Drainage Project. (Attachment #11) 12 Ordinance authorizing the approval of a Land Exchange Agreement between the City of Corpus Christi and Neighborhood Centers of Corpus Christi, Inc. for the exchange of .1712 acres owned by the City out of Lot 2 -A, Lawnview Annex and Lots 8, 9, 12 and 13, Block 4, Luter Partition, located at the intersection of Eiliteenth and Marguerite Streets, in exchange for .1712 acres owned by the Neighborhood Center out of Lot 3, Lawnview Annex, located at 2020 Marguerite Street: approving closing costs not to exceed $2,500, and authorizing the City Manager or his designee Agenda Regular Council Meeting May 29, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) to execute the Exchange Agreement and an Exchange Deed necessary for the exchange, all in connection with Parcel 11 of the Garcia Arts Center Area Street Improvement Project (#6133/6134). (Attachment #12) 1. PUBLIC HEARINGS: 13.a. Public hearing on request for a variance to operate an on- premise alcoholic beverage establishment known as Saxet Hall located at 3926 Leopard Street. (Attachment #13) 13.b. Resolution granting a variance, under Section 4 -5(f) of the Code of Ordinances, to Saxet Hall, Inc. to operate an on- premise alcoholic beverage establishment located at 3926 Leopard Street. (Attachment #13) ZONING CASES: 14. Oise No. 0407 -08, Buccaneer Land Company, Inc.: A change of zoning from a "R -1 B /I0" One- family Dwelling District with the Island Overlay to a "B -2/10" Bayfront Business District with the Island Overlay on property described as Padre Island Section E, Block 1, Lots 6, 7, and 8, located on Aruba Drive, approximately 400 feet south of Running Light Drive. (Attachment #14) Planning Commission and Staff's Recommendation: Approval of the "B -2/10" Bayfront Business District with the Island Overlay. ORDINANCE Amending the Zoning Ordinance, upon application by Buccaneer Land Company, Inc.. by changing the zoning map in reference to 0.899 acres out of Padre Island Section E, Block 1, Lots 6, 7, and 8, located on Aruba Drive, 400 feet south of Running Light Drive, from "R-1B/10" One - family Dwelling District/Island Overlay to "B- 2/10" Bayfront Business District/Island Overlay; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting May 29. 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Case No. 0407 -09, BL Real Estate Holding Company, LP: A change of zoning from a "R-1C" One- family Dwelling District and a "R-1C/SP'' One - family Dwelling District with a Special Permit for an Event Center to a "B -1" Neighborhood Business District on property described as Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, located between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road. (Attachment #15) Plpnnin l Commission and Staffs Recommendation: Approval of the "B -1" Neighborhood Business District, ORDINANCE Amending the Zoning Ordinance, upon application by BL Real Estate Holding Company, L P, by changing the zoning map in reference to 32,470- square feet (0.75 acres) out of Tyler Subdivision, Block 1, Lots 2. 12, 13, and 14, located between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road, from "R-1C" One - family Dwelling District and "R-1C/SP" One - family Dwelling District with a Special Permit for an Event Center 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. J. REGULAR AGENDA CONSIDIRA11 NI OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 16. Motion authorizing the City Manager or his designee to execute a construction contract in the total amount of $2,644,131.25 with SLC Construction L.P., of Conroe, Texas for Part A and Part B plus Part C on the Waldron Road Street Improvements Project: Purdue to Glenoak and Mediterranean Extension. (BOND ISSUE 2004) (Attachment #16) K. P*ESENTATIONS: (NONE) Agenda Regular Council Meeting May 29. 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. SPECIAL BUDGET PRESENTATION: 17 Overview of Proposed F" 2007 -2008 Operating Budget (Attachment #17) M. PBLIG COMMENT FROM THE AUDIENCE ON MATTERS NOT SHEDLED ON THE AGENDA WILL BE HEARD AT PROXIMATELY 12:00 P.M. OR AT THE END OF THE C UNQX. MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL. DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting: therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si listed se dirige a la junta y cree que su Ogles es limitado, habra un interprete ingles- espanol en la reunion de la iunta 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 METING. 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. Agenda Regular Council Meeting May 29, 2007 Page 8 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. 18. LEGISLATIVE UPDATE Consideration of resolutions and actions deemed appropriate by the City Council as to legislative issues before the 80th Texas Legislature. 19. CITY MANAGER'S REPOR7 Upcoming Items 20. MAYOR'S UPDATE. 21 COUNCIL AND OTHER REPORTS P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at _= OD p.m , May 25, 2007. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 PRESgNT Mayor Henry Garret: Mayor Pro Tem Rex Kinn on Council Members Brent Chesney Melody Cooper Jerry Garcia Bill Kelly Jonn Marez Jesse Noyola Mark Scot MINUTES CITY OF CORPUS CHRISTI. TEXAS Regular Council Meeting May 22, 2007 - 10 00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Bubba Stahl with First Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Jerry Garcia. Mayor Garrett called for approval of the minutes of the regular Council meeting of May 15, 2007. A motion was made and passed to approve the minutes as presented. Mayor Garrett opened discussion on Item 2 regarding canvassing returns and declaring the results of the Runoff Election of May 12, 2007. The Council canvassed randomly selected precincts and \r es satisfied that the results were accurate. There were no comments from the audience. City Secretary Chapa oohed the Counc for their votes as follows: 2 ORDINANCE NO 027273 Ordinance canvassing returns and declaring the results of the Runoff Election of May 12, 2007 in the City of Corpus Christi for the purpose of electing Council Member District 3, Council Member District 4 and Council Member District 5. 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 G, outgoing Council Member speeches and presentations. Mayor Garrett presented outgoing Council Members Chesney, Garcia, Kinnison, Noyola and Scott with a plaque and a gift on behalf of the City of Corpus Christi. Mayor Garrett thanked each outgoing member for their commitment and dedication to the City. The outgoing Council Members thanked their family, City staff, friends and constituents for all their assistance and support during their time of public service. Minutes — Regular Council Meeting May 22, 2007 — Page 2 Mayor Garrett and Council Members Kelly, Marez, and Cooper individually thanked the outgoing council for their positive leadership and friendship during their time in office. Mayor Garrett announced that a reception would be held immediately following the Council meeting. There being no further business to come before the Council; Mayor Garrett adjourned the Council meeting at 11 13 a.m. on May 22, 2007 _.. * * * * * * *, ** MINUTES 1 »TY t)F « ORPUS CHRISTI, TEXAS Reguiar Council Meeting May 22. 2007 - 1 30 p.m PRESENT Mayor Henry Garrett Mayor Pro Tem Ne da Martinez Council Members Melody Cooper Larry Eiizondo, Sr Mike Hummel Bill Kelly Priscilla Leal Michael McCutchoi John Marez City Staff City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Pr or to the 1 30, m. Regular Council meeting, the invocation was given by The Most Reverend Edmond Carmody, D D Bishop of Corpus Christi. The Honorable Hayden Head, Chief Judge of the Southern District of Texas conducted the swearing -in ceremony of the Mayor and Council Members The Mayor and each Council Member thanked their family, friends, and supporters for their assistance and encouragement during the election process. Mayor Garrett called fcr a brief recess before the new Council began their first Regular Council meeting. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. (;:ty Secretary Chapa called the roll and verified that the necessary quorum of the Council was present to conduct the meeting �e Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett. Mayor Garrett refe red to Item 1= the selection of the Mayor Pro Tem. He recommended rotating the Mayor Pro Tem service dates for the Council Members. A motion was made, seconded, and passed unanimously to accept the following Mayor Pro Tem rotation. MOTION NC) 200 -135 Motion selecting the Mayor Pro Tem service dates as follows: Nelda Martinez (May 22, 2007 to August 14, 2007) Mike Hummell (August 15, 2007 - November 13, 2007) Melody Cooper (November 14, 2007 to February 12, 2008) Bill Kelly (February 13. 2008 to May 13, 2008) John Marez (May '4, 2008 to August 12, 2008) Priscilla Leal (August 13. 2008 to November 11, 2008) Michael McCutchon (November 12, 2008 to February 10, 2009) arty Elizondo (February 1 , 2009 to end of term) Minutes - Regular Councli Meetinc< May 22 2 007 - Page 2 Mayor Garrett called for consideration of the consent agenda (Items 1 - 14). City Secretary Cnapa announced that Council Member Marez would abstain from the discussion and vote on Items 6a and 6 b. Mr Abel Alonzo asked that Item 4 be pulled for individual consideration. Council Member Hummeli requested that item 10 be pulled for individual consideration. City Secretary Cnaoa poled the Council or their ootes as follows MOTION NO 200 -128 Motion approving the purcnase of cardiovascular and strength training equipment from Cybex International, Inc , of Medway, Massachusetts in the amount of $35,991.14. The award is in accordance with the State's Cooperative Purchasing Program. Funding is available through trie Law Enforcement Trust Fund . he foregoing motion was passed and approved with the following vote: Garrett, Cooper, Flizondo, Hummeli Kelly, Leal, McCutchon. Marez. and Martinez, voting "Aye ". MOTION NO 2007 -129 Motion approving the purchase of twenty -eight (28) light bars and sirens from GT Distributors, Inc of Austin; Texas in accordance with Bid Invitation No. BI- 0122 -07 based on low bid for a total amount of $32,686.05 The equipment is to be used by the Police Department on marked police patrol sedans. Funding is available in the Police Department's operational budget and the Justice Assistance Grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, E Ihzondo. Hummed Kelly. Leal. McCutchon, Marez, and Martinez, voting "Aye ". MOTION NO 2007 -130 Motion approving Change Order No. 1 in the amount of $54,752 to the contract with Access Ford, LTD. of Corpus Christi Texas for the purchase of pickup trucks for a total restated contract amount of $547,775 The vehicles will be used by Development Services. Funding is available n Development Services FY 2006 -2007 operational budget. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, E lizondo. Hummeli Kelly Leal, McCutchon, Marez, and Martinez, voting "Aye ". 5.a MOTION NO 2007 -131 Motion authorizing the City Manager or his designee to accept an Enforcing Underage Drinking Laws (EUDL) grant in the amount of $35,000 from the State of Texas, Texas Alcoholic Beverage Commission for the funding of overtime to enforce underage drinking laws, to prevent youth access to and illegal use of alcohol, and provide for an educational program with a City cash match of $28.514 and in -kind contribution of $746, for a total prciect cost of $64 260 Inc foregoing motion was passed and approved with the following vote: Garrett, Cooper, Eiizondo Hummed Kelly Leal. McCutchon, Marez, and Martinez, voting "Aye ". Minutes - Regular ;unc Meet ni May 22 2607 -- Page t ORDINANCE NO )27275 Ordinance appropriating $35,000 from the State of Texas, Texas Alcoholic Beverage Commission, in the No 1 061 State and Federal Grant Fund for funding to enforce and prevent underage drinking An emergency was declared, and the foregoing ordinance was passed and approved with the following vote ili3arrett (Cooper Elizondo: Hummell, Kelly, Leal, McCutchon, Marez, and Martinez. voting 6 a RESOLUTION NO 02727E Resolutior authorizing the City Manager or his designee to execute all documents necessary to accept the $7..000 grant f om the Texas Department of Family and Protective Services for a Community Youtn Development Graffiti Clean up program. he foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo. Himmel Keiiy L eal McCutchon and Martinez voting "Aye "; Marez abstained. 6 b ORDINANCE NO 027277 Drdinance appropriating a S7.000 grant from the Texas Department of Family and Protective `7iervices in he No 1060 CcmmL:nity Youth Development Fund for graffiti clean up program. An emergency was declared. and the foregoing ordinance was passed and approved with the following vote Garrett. Cooper. Hummell, Kelly, Leal, McCutchon, and Martinez. voting "Aye" Marez abstained RESOLUTION NO 02727?- Resolutior authorizing the City Manager or his designee to execute an Interlocal Agreement ninth the Corpus Christi Independent School District (CCISD) for a term of ten (10) years for the City of Corpus Christi to operate a Latchkey Program during the school year and summer months or. CCISC grog rids The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel Kelly. eal, McCutchon. Marez, and Martinez, voting "Aye ". 8 a ORDINANCE NO 027279 Ordinance appropriating $292,903.64 from Unreserved Municipal Information System Fund balance for the pu -chase cf ORACLE Service Oriented Architecture (SOA) Software and installation services from MYTHICS of Virginia Beach, Virginia; amending the FY2006 -2007 Operating Budget adopted by ordinance No 026908 to increase appropriations by $292,903 64 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett. Cooper Elizondo, Hummel! Kelly, Leal, McCutchon, Marez, and Martinez voting "Aye" Minutes - Regular Counc' Meet,n May 22 2007 — Page 4 8 r MOTION NO 200' -132 Motion authorizing the City Manager or his designee to purchase ORACLE SOA software and installation services from MYTHICS of Virginia Beach, Virginia in the amount of $292,903 64 The ORACLE SOA Suite is a complete set of service infrastructure ccmponents used for building. deploying; and managing Service Oriented Architecture. MYTHICS is an approved Texas Department of Information Resources vendor. Funding will de provided from tie Municipal information Systems unreserved fund balance. The forego ng rno. on was passed and approved with the following vote: Garrett, Cooper, zondo Humme Kelly 1_eai McCutchon. Marez. and Martinez, voting "Aye ". 9 a RESOLUTION NC 027280 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with he Friends of CcTus Christi Public Libraries in an amount not to exceed $10,500 for :ocmputer and related equipment and software for the Northwest Branch Library. The foregoing resciution was passed and approved with the following vote: Garrett, Cooper, Elizondo Hummel Kelly L eal, McCutchon, Marez, and Martinez, voting "Aye ". ORDINANCE NO 027281 Ordinance appropriating $11,000 into the Library Fund No 1020 for computers and books tor the Northwest Branch Library from the following sources: $10,500 from the Friends of Corpus Christi Public Libraries and $500 from Wal -Mart; amending FY 2006 -2007 General F i..nd Budget adopted by Ordinance No 026908 to increase both estimated revenues and appropriations by S1 1 000 =each An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett, Cooper Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye" 11 a MOTION NO 200-' -133 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Ray Thurman, owner and developer of Saratoga Industrial Place Unit 1, BIocK 1, Lots 1A and 2A. located east of State Highway 286 and south of Saratoga Boulevard fo( the hstallaticn of 141- linear feet of 12 -inch PVC water grid main. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummer Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". ORDINANCE NO 027283 Ordinance appropriating $34,002.22 from the Arterial Transmission and Grid Main Trust Fund No. 540450 - 21805 -4030 to reimburse Ray Thurman for the installation of 141 - linear feet of 12 -inch PVC grid main to develop Saratoga Industrial Place Unit 1, Block 1, Lots 1A and 2A An emergency was declared and the foregoing ordinance was passed and approved with the following vote • Garrett. Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "A le" Minutes - Regular 2,ounc Meetin:... May 22 2007 -- Pane t 12.a. MOTION NO 200:" -134 Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by D v ice Henderson owner and developer of South Saratoga Acres, Block 1 Lots 11 and 12 located west of State Highway 286 and south of Saratoga Boulevard for. the -nstallaticn of 748- linear feet of 12 -inch PVC water grid main. he foregoing mat on was passed and approved with the following vote: Garrett, Cooper, Elizondo. H Jmmel Kelly. Leal, McCutchon. Marez, and Martinez; voting "Aye ". 12 t ORDINANCE NO 027284 Ordinance appropr gating $:1 798.31 from the Arterial Transmission and Grid Main Trust (' and No 540450-21805-4C30 to reimburse Dyke Henderson for the installation of 748- linear feet of 12- non PVr. grid man to develop South Saratoga Acres, Block 1, Lots 11 and 12. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett Cooper Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Ave' ORDINANCE NO J27285 Ordinance abandoning and vacating a 984- square foot portion of a 10 -foot wide utility easement cut of Lots 15-16 and Lots 37 -38, Block S, Don Patricio Subdivision, between our Bluff Drive and Lynhurst Dr've; requiring the owner, Triples R. Sales, LTD to comply the specified c.ondition3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote Garrett Cooper; Elizondo. Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Ave' 14 ORDINANCE NO 327286 Amending the Code of Ordinances Section 23 -76, Smoking Prohibitions, subsection (b), by enacting new subpart °7' 70 exempt tobacco specialty stores; providing for a penalty; establishing an effective date; and providing for publication. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett Cooper Elizondo Hummell, Kelly, Leal. McCutchon, Marez, and Martinez, voting "Ave' Mayor Garrett opened discussion on Item 10 Mr Hummell stated that his questions were pertinent to Item 11 rather than item 10 regarding the Arterial Transmission and Grid Main Construction and Reimbursement Agreement for Saratoga Industrial Place Unit 1. Council Member Hummel asked questions regarding the differences on the engineer's estimate for the unit cost of the `ire hydrant in c:ompar son to Item 12 Staff responded. There were no comments from the audience City Secretary Dhapa p ;fled the Council for their votes as follows: ORDINANCE NO 027282 Ordinance appropriating $5 902 61 into the Library Capital Improvement Project Fund No. :210, Project No 120095 for mprovements to the Parkdale Branch Library from the Minutes - Regular Counce Meeting May 22 2007 — Page 6 following sources $1,947 19 from mineral interest from the William T. Neyland Estate and `$3 955 42 from unappropriated nterest earnings from the Library Capital Improvement Project Fund No 3210, amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 926997 to increase appropriations by $5,902 61 An emergency was declared, and the foregoing ordinance was passed and approved with -he following vote i3arrett, Cooper Elizondo. Hummell Kelly, Leal, McCutchon, Marez, and Martinez voting „Aye„ Mayor Garrett opened discussion on Item 4 regarding the on -line Continuing Education Program for Firefignters from Del Mar College. Abel Alonzo, 1701 Thames, welcomed the Council members and thanked Del Mar college for funding the firefighters' training education. City Secretary Chapa polled the Counc for their votes as follows: 4 ORDINANCE NO 027274 Ordinance appropriating $15,600 in Training Revenues received from Del Mar College into the Genera! Fund for the Fire Department's use in the on -line Continuing Education Program for Firefighters, amending the FY 2006 -2007 Operating Budget, adopted by Ordinance No. 126908 by ncreas ng estimated revenues and appropriations by $15,600 each. Ar. emergency was declared, and the foregoing ordinance was passed and approved with °he following vote 3arrett. Cooper Elizondo, Hummell. Kelly, Leal, McCutchon, Marez, and Martinez. voting "Aye" Mayor Garrett opened discussion on Item 15 regarding the groundwater project with San Patricio Municipal Water District Ron Massey, Assistant City Manager of Public Works and Utilities. a powerpoint presentation including: background and maps of the water system; status of the water supply and demand projections; a graph of the actual water usage over the last five years a review of the San Patricia Municipal Water District (SPMWD) groundwater development project. the terms of the contrac- between the City and SPMWD for the Joint Groundwater Development; an explananon of the project phases and estimated costs; the current progress of Phase '. and staff's recommendation Council members asked questions regarding the decrease in water demand from 2002 to 2'304; the reasons attributed to the increase in the original estimated cost for Phase 1; who the company was that contracted to conduct drilling and their location; if drilling had occurred; the number of wells to be drilled; the bid process; the urgency of the contract; the impact if drilling was delayed for re -bid. constri. ction of a pipeline; actual cost for drilling; and the effect on the price if action was delayed Discussion ensued Mayor Garrett asked staff to meet with Council members to answer the issues addressed and postpone the action on Item 15 until May 29 2007. The Council concurred. There were no comments from the audience. 15 POSTPONED UNTIL 5129107 Ordinance appropriating $600,80 - � the Oper-ati-9- Project with San P -- d!!e • -- - • Minutes - Regular 'i ounc. Meenne May 22 2007 -- Paoe ase Cpefating -€met adapted by Ordinance Na = 0270 Supplemenmal Water -Se- b-rces by $600, Mayor Garrett called for petitions from the audience. Vicente Carranza, 3690 Jack Drive, congratulated the new Council members and asked that they support the citizens of Corpus Christi. Henry Williams. President of the Hillcrest Residents Association, congratulated the Mayor and Council members and asked that they revisit the discussion on the new Wastewater Treatment Plant site Mr W.li ams said his payer group would continually pray for the City and its leaders. Andrew DuArte "203 Van Loan also congratulated the new Council and spoke regarding the Master Park Plan Gloria Scott 4422 South Alameda, spoke regarding the diversity of the City, making attachments of the Co"ncr 'neetings available to the public, and the upcoming Juneteenth celebration Carlos Torres, President of the Corpus Christi Firefighters Association, thanked the Council members for their service to the community Johnny French, 4417 Carlton Street, spoke regarding the current water situation and recommended Council membership to the Regional Water Planning Group as a municipality representative Abel Alonzo, 1701 Thames. welcomed the new Council members and asked that Council decisions are based on the interest of the whole community. Rolando Garza ccngratu ated the Mayor and Council members Rocky Friend, Nueces River Authority, stated that the City histor c;aliy has had representation on the Regional Water Committee and is currently revesented by Mark Scott Ms. Fiend added that if Mr. Scott does not continue to serve as the municipality representative nominations will go out to all eleven counties in the region and there :s no guarantee that the :Ay of Corpus Christi will have representation. k.* * . * * ** * * Mayor Garrett tailed for the City Manager's report . City Manager Noe reported that the Memorial Day Holiday was Monday May 28th and that the public will be provided with the various adjusted schedules City Manager Noe announced that in celebration of the 50th Anniversary of the Museum of Science and History a panel presentation with longtime residents discussing "I Remember When _- Grow ng Up in T orpus Christi is scheduled for Thursday, May 24th at 7:00 p m. Mayor Garrett asked that clean up efforts be made at the old Art Building at South Bluff Park, the old Fme Station at Louisiana Avenue and Swantner Drive, and the Corpus Christi Police Department. Mayor Garrett called for C:unc! i concerns and reports. Council Member Cooper asked questions regarding a luncheon at the Broadmoor Senior Center to discuss the expansion of the center. Ms. Cooper announced that the next town hall meeting is scheduled for June 4th at the Broadmoor Senior tenter 1651 Tarlton at 6:00 p m Council Member Marez spoke regarding concerns of parking violations at Beach to Bay. There being no furher business to come before the Council, Mayor Garrett adjourned the Council meeting at 3 38 p rn on May 22 2007 2 AIRPORT BOARD - Three (3) vacancies with terms to 04- 04 -10. DUTIES: Io advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: 1 en (10) members appointed by the City Council for three -year terms. All members shall serve for three -year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE Jerry Kane, Chair 04 -04 -09 04 -18 -06 Joseph Wise 04 -04 -09 04 -18 -06 William D Dodge, Ill 04 -04 -08 03 -22 -05 Glenn Lyons 04 -04 -08 04 -23 -02 *Jesse Olivares 04 -04 -07 11 -08 -05 *Donald M. Feferman 04 -04 -07 04 -13 -04 Frank "Rocco" Montesano. Vice Chair 04 -04 -08 02 -22 -00 Sam J. Susser 04 -04 -09 04 -18 -06 *J C. Ayala 04 -04 -07 01 -14 -03 Sylvia Whitmore 04 -04 -08 03 -08 -05 *Ed Hicks (Advisory, non - voting) 04 -04 -07 04 -18 -06 *Seeking Reappointment (Note: Mr. Hicks has expressed interest in being appointed as a regular member) ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Jesse Olivares 9 6 (2 exc.) 66% Donald M. Feferman 9 7 (2 exc.) 77% J. C. Ayala 9 8 (1 exc.) 88% Ed Hicks (Advisory, non - voting) 9 4 (5 exc.) 44% QTHER INDIVIDUALS EXPRESSING INTEREST John Garcia 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, ('oastal Bend Hospitality Sales and Marketing Association, and Hospitality Sales Person of the Year. (12 -4 -06) Ed Hicks Eduardo Hinojosa Mike T. Johnson Kevin Kieschnick Diane LaRue Adam Nuse Owner, Ed Hicks Imports and Ed Hicks Nissan. Attended St. Paul Seminary, St. Paul , Minnesota. Past President of Nissan Motor Corp. Past Secretary /Treasurer of Texas `Mate Board of Medical Examiners. Dealer Advisor Member — Mercedes Benz of North America. Past Director American International Automobile Dealer Association. Member of Presidential Business Advisory Council for President Bush. Member of Governor's Business Advisory `ouneil for Governor Rick Perry. (2- 15 -99) Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoryz Elementary School. Received the "Rancher of the Year" Award. (3- 04 -05) \dministrator, Christus Spohn Hospital South. Vice - President, Christus Spohn Health System. M.P.A. in Public administration, Texas Tech University. Certified Registered Nurse and Licensed Nursing Facility \dministrator. Professional activities include: Diplomat, \merican College of Healthcare Executives - Regional advisory Board and American College of Healthcare administrators (2- 20 -05) Banking Officer, 1 Community Bank. Attended Del Mar College, Texas A & M University — Kingsville and Texas & M University — Corpus Christi. Activities include: Padre Island Business Association, Padre Island Rotary Flub, Associated Builders and Contractors, National 'Weather Service: Unofficial Storm Spotter. (4- 05 -06) independent Marketing Director, Melaleuca, Inc. Attended LaSalle University, Temple University and Holy Family =; ollege. Activities include: Mission 911, IWA Golf Chair :end Gala Committee, Blessed Sacrament Convent yuxiliary, Pan American Roundtable and Leadership {-orpus Christi Class XXIX. (2- 25 -05) 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, :tnd .American Red Cross Board of Directors. (11- 06 -06) Richard Pull dc, William Strawn R.egional Superintendent/Business Development Officer, pac:c and Warfare Command. Received BS, Business vlanagement from Park University and currently pursuing Management Graduate Degree at Embry - Riddle University. etired Chief United States Navy. Activities include: enior Deacon and Chairman — Master Plan Committee at ?eal [ ife Fellowship. (12- 18 -06) [raffle Safety Specialist, Texas Department of [ ransportation Received BBA from University of Texas :u Austin, MA from University of Nebraska at Lincoln. \cti ities include: Pilot/Observer Coast Guard Auxiliary .tnd Bay Yacht Club. (10- 31 -06) ANIMAL CONTROL ADVISORY COMMITTEE — Three (3) vacancies with terms to 5 -31 -10 representing the following categories: 2 — Community at Large and 1 — Veterinarian. DUTIES: To advise the Cite Council and City Manager on all aspects of animal control including fees, staffing, ordinances, procedures and policies and facilities. The jurisdiction and actions of the Board shall he advisory only. COMPOSITION: It shall consist of seven (7) members. Terms will be for three years. At least one member shall be a veterinarian. Two members shall be members of local animal welfare organizations (at least one of the organizations must operate an animal shelter). The remaining four members shall represent the community at large. All members shall serve until their successors are appointed and qualified and each shall be a resident of the City. The City Manager, or his representative, the Director of the City- County Health and Welfare Department or his representative and the Animal Control Supervisor shall serve as ex- officio members of the Board without vote. The Board, by majority vote, shall elect its own Chairman who shall preside at all meetings of the Board and a Vice Chairman who shall act as president in the absence of the Chairman. The Director of the City- County Health and Welfare Department or his designated representative shall serve as the secretary of the Board. MEMBERS Kendal L. Keyes (Comm. at Large), Vice Chair William R. Schroeder (Comm. at Large) Sharon Massad (Animal Welfare) *Z. Paul Reynolds (Comm. at Large) *Dr. John Buckley (Comm. at Large) *Dr. William Watson (Veterinarian) Pamela. Rhyner (Animal Welfare /Shelter) City Manager or Representative Annette Rodriguez, Acting Dir. of Public Health Cherrie Stunz. Supervisor, Animal Control *Seeking reappointment TERMS 5 -31 -08 5 -31 -09 5 -31 -09 5 -31 -07 5 -31 -07 5 -31 -07 5 -31 -08 Ex- Officio, Ex- Officio, Ex- Officio, ORIGINAL APPTD. DATES 2 -11 -03 5 -09 -06 5 -13 -03 5 -11 -04 5 -11 -04 5 -11 -04 5 -10 -05 Nonvoting Nonvoting Nonvoting (Note: The Animal Control Advisory Committee is recommending the reappointments of 1 Paul Reynolds (Comm. at Large), Dr. John Buckley (Comm. at Large), and Dr. William Watson (Veterinarian). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Z. Paul Reynolds (Comm. at Lange) 7 Dr John Buckley (Comm. at Larze) 7 Dr William Watson ( ,...tennarian) 7 NO. PRESENT 5 (THEIR. INDIVIDUALS EXPRESSING INTEREST Barbara E. Beynon amie Duff Sherry Dunlap Gerald Lerma Carolyn Moon Cheryl Quinones OF ATTENDANCE LAST TERM YEAR 71% 100% 100% Environmental Investigator, Texas Commission on Environmental Quality. Received B.A. and M.S. in =geology from Texas A & M University — Kingsville. Member of the C.C. Kennel Club and an AKC approved 'onformation judge. (Animal Welfare Organization) (2- 20 -05) Government Intern, CorpusBeat Magazine. Received B.A. In English at Texas A & M University and currently pursuing M.A. from Texas A & M University — Corpus +'hrist. Activities include: Corpus Christi Focus and 'hurch of the Good Shepherd Bell Choir. (Community At Large) (1- 06 -06) Self- employed. Animal Welfare. Currently serves on ueces County Advisory Committee. (Animal Welfare /Shelter) (5- 17 -06) -echnical Services, Hagemeyer North America. Currently °nrolled at Del Mar College. Member of Corpus Christi { 'itizens' University. (Community at Large) (3- 19 -07) 'eacher, Corpus Christi Independent School District. Received M.A. in Communications and Special education. \ctive member of the League of Women Voters and the exas Democratic Women. (Community at Large) (4-29 - r i5) Owner, The Pet Nanny. Received an Associates in Sociology. Volunteers for the Lost Pet Hotline and ( `CARE. (Animal WelfareOorganization) (2- 28 -05) Michael San Miguel Judith Arm Sisson lnstructor/Program Coordinator, Career Centers of Texas. Received BS from University of Texas, San Antonio. \ctivities include: Member of the Hispanic Chamber of Commerce and Volunteer in assisting students obtain their (;ED. Received Award for Employee of the Quarter and instructor of the Month. (Community at Large) (5- 25 -07) Owner, Laguna Shores Pet Salon. Received a B.S. in Pharmacy. Founded the Coastal Bend Small Breed Rescue. \ctivities include: former volunteer of Lost Pet Hotline, member of Petfinder and speaks to schools and church groups. Received the Jefferson Award. (Animal Welfare /Shelter) (8- 14 -06) William (Bilh Strawn Traffic Safety Specialist, Texas Department of 'ransportation. Received BBA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Activities include: Pilot/Observer Coast Guard Auxiliary and Bay Yacht Club. (Community at Large) (10- 31 -06) BUILDING STANDARDS BOARD Two (2) vacancies with terms to 3 -03 -10 representing the following categories: 1- Member at Large and 1- Building Materials. DUTIES: To hear appeals under the Building Standards and Housing Code, which shall be construed to secure the beneficial interests and purposes of safety, health, and general welfare, through structural strength. stability, sanitation, adequate light and ventilation, and safety to life and propert\ from fire and other hazards incident to the construction, Alteration, repair removal, demolition. use and occupancy of building or structure. COMPOSITION: Seven (7) members, three (3) members at large of whom shall be residents of the City and home owners; one shall be a lawyer, three (3) chosen from: ealtor, architect, engineer, general contractor, home builder or building materials dealer. Appointed by the Citx, Council for ? year staggered terms. Elects its own chairman. MVIMBRS Gregory Glen Spivey i Attorney. }, ("hair Ted Stephens (Engineer) Renee L. Carter (Member at Large) Jesus J. Jimenez (Engineer) Frank Hastings (Member at Large) * *.John B. Smith (Member at Large) *Lisa Huerta (Building materials) *Seeking reappointment * *Not seeking reappointment TERMS 3 -03 -08 3 -03 -09 3 -03 -08 3 -03 -08 3 -03 -09 3 -03 -07 3 -03 -07 ORIGINAL APPTD. DATES 5 -17 -05 3 -21 -06 5 -17 -05 5 -17 -05 5 -17 -05 5 -24 -05 7 -11 -06 (Note: The Building Standards Board is recommending the reappointment of Lisa Meerut (Building Materials) and the new appointment of Morgan Spear (Member at Large). ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NME THIS TERM PRESENT LAST TERM YEAR Lisa Huerta (Building Materials) 5 5 100% O HER INDIVIDUALS EXPRESSING INTEREST Red Carpenter Charles Cofer Pastor, Solid Rock U.P.C. Member of the Corpus Christi Partnership Council and received the Governor's Volunteer Award. (Member at Large) (5- 05 -05) Project Manager, Marshall Company. Received BBA- Management from Texas A &I University, Kingsville, 1 exas (Building Materials) (5- 10 -07) Patricia G. Dragon Chris Hamilton Lorenzo Knowles Jack I,. Marchand, II Manager- Engineering Department, SBC. Volunteer for City Plat Committee and involved with United Way (Member at Large) (5 -5 -05) ice President, KIM Commercial, Inc. Received Bachelors of Science — Construction Science from Texas &M College Station. (Building Materials) (1- 10 -07) Employed with Department of Justice Weed and Seed. Chairman of the Texas Youth Committee. Recipient of the 3efferson Award. (Member at Large) (3- 08 -06) Retired. Member of the Citizens Police Academy Alumni (Troup Active in the Flour Bluff area to enforce code enforcement issues and address issues to City. (Member at Large) (5- 04 -05) Ro` Ortega Jr ( ieneral Manager, The Mobility Store, Inc. Attended Del 'vlar College and numerous service schools. Interested in ommunity involvement. (Member at Large) (5- 05 -05) Enrique M. Salinas Retired. Graduate of high school and attended some allege. Active Neighborhood Improvement Program olunteer. (Member at Large) (5- 04 -05) Kazar Michael Shooshan Self - employed. Received an Associate's degree and currently pursuing a Bachelor's in Engineering. Active member of Neighborhood Watch Program, NIP and Scout eader. (Member at Large) (5- 04 -05) Morgan Spear Richard Stracener President, Morgan Spear Associates, Inc. Received Bachelor of Architecture Degree from University of Texas. \ctivities include: American Institute of Architects, Corpus Christi Chapter of AIA, Texas Society of \rchitects, Church of the Good Shepherd Episcopal "hunch, and Alpha Tau Omega. (Member at Large) (7- '3-06) `Tales /Rental, Waukesha- Pearce Ind. Attended Glendale Community College in Glendate, Arizona and Del Mar College. Current Chairman of the Associated Builders and ( "ontractors. (Building Materials Dealer) (4- 29 -05) Aifonso Trujare Jr Senior DesignerlProject Manager, Maverick Engineering, inc. Received B.S. in Civil Engineering and Graduate t nurses on Civil Engineering. Secretary of the American society of Civil Engineers and TSPE member. Received the Excellence on Leadership Award and nominated for 2004 Torch Award for Marketplace Ethics. (Engineer) (4- '9 -05) R.obert A. (Bob) White Retired Vice - President/General Manager, KIII -TV. Received a degree in Journalism/Radio from the University of Texas at Austin. Received the Abe Lincoln Award for excellence in broadcasting and a commendation from the House of Representative. Has also served on board of National Association of Broadcasters, Medium Market clevision and hosted/organized the Driscoll Foundation Children's Hospital Miracle Network Telethon. (Member at Large) (6- 30 -05) William (Bill) Wright Journeyman Electrician, Scott Electric. Received training from Joint Apprentiship Training Center. Activities include: Boy Scout Troop Committee. Received Eagle Scout Award. 1 icensed Journeyman. (Member at Large) (1- 10 -05) CABLE COMMUNICATIONS COMMISSION — One (1) vacancy with term to 7 -27- 09 DUTIES: To advise the City Council on adherence to the provisions of any franchise agreement approved by the C:ty Council, recommend regulations, encourage, develop and promote the use of access channels, assure that access channels offer a diversity of programming and services. work with user groups to develop sources of funding, conduct evaluations of the cable system and review and audit reports, and advise the City Council on rate adjustment requests. COMPOSITION: It shall consist of five residents of the City of Corpus Christi appointed by the City Counci I . No person or employee with ownership interest in a cable communications franchise granted by the city shall be eligible for membership on the commission. Each commission member is encouraged to have access to local cable communications system programming. The commission shall select from its membership a chairperson and a vice- chairperson whose terms shall be one year. ORIGINAL MEMBERS TERMS APPTD. DATES ** *Fred Greenberg 7 -27 -09 7 -11 -06 Dr. Bruce Nelson Stratton 7 -27 -08 7 -12 -05 Robert A. White 7 -27 -08 7 -12 -05 Connie Gutierrez 7 -27 -07 1 -10 -06 Stephen. R. West 7 -27 -09 10 -11 -05 ***Resigned (Note: The Cable Communications Commission is recommending the new appointment of Carolyn Moon.) INDIVIDUALS EXPRESSING INTEREST Sandra L. Maddox Carolyn Moon "Marketing, KTOV UPN Television. Attended Del Mar College, Southwest University and U.S. Air Force. \.ctivities include: Chamber of Commerce Ambassador hair. HSMA and Leadership Corpus Christi. (5- 24 -05) teacher, Corpus Christi Independent School District. 'Received M.A. in Communications and Special education. \ctive member of the League of Women Voters and the texas Democratic Women. (4- 29 -05) Scott Polton Lattice M. Sellers \tilanager, AT&T. Attended the University of Texas at \ustin. Activities include: Executive Committee and State ,,yard member of Coastal Conservation Association, Quail nlimrted. Ducks Unlimited, SEA and Citizen's niversity. (6- 19 -06) Department Head/FSMIV, Texas Department of Criminal ustice. 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 t `ommittee for Women. (2- 23 -05) (AIL AND GAS ADVISORY COMMITTEE — One (1) vacancy representing (Alt, General Public) with term to 12- 31 -07. (Mayoral appointment with approval of Council) DUTIES: The committee shall make a continuing study of operations for the exploration, drilling, and production of oil, gas and minerals and the possible effects of same upon the environment, public health, safety and general welfare of the City. COMPOSITION: Eight (8 ) persons who are residents of Corpus Christi: three (3) members from the oil and gas well industry; three (3) members from the general public who are not connected with the oil and gas well industry; and two (2) alternates: one (1) from the general public to sere in the absence of a public members, and one (1) from the industry to sere e whenever an industry member is absent. Public members shall be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor with approval of the Council from those persons nominated by the oil and gas well industry Members are appointed for three -year terms ending December 31. and may succeed themselves. Meetings are called by the Chairman or any three (3) members c f the Committee within specified time limits. Four members constitute a quorum. fhe committee annually elects its own chairman and vice chairman. Members receive no compensation for their services. ORIGINAL 11$EMBERS TERM APPTD. DATE Charles Jacobs (Oil Industry) 12 -31 -09 12 -16 -03 Lois Huff (General Public) 12 -31 -09 9 -12 -06 Gretchen Arnold (General Public) 12 -31 -07 12 -14 -04 Hortencia B. Sanchez (General Public) 12 -31 -08 9 -12 -06 Glen Cooper (Oil Industry) 12 -31 -08 12 -14 -04 Juan N. Cabasos (Oil industry,. Chair 12 -31 -07 12 -16 -03 ** *Robert DeLeon (Alt, General Public ) 12 -31 -07 4 -30 -02 John Cantu (Alt., Oil Industr) I 12 -31 -07 9 -12 -06 ** *Resigned IN »IVIIUALS EXPRESSING INTEREST Tom Fisher Self - employed, Attorney of Oil and Gas Law, Real Estate and Probate. Received B.A. from the University of Wisconsin and J.D. from the University of Wisconsin Law School. Activities include: State Bar of Texas, C.C. Bar Association, C.C. Association of Petroleum Landmen. (General Public) (4- 26 -06) John W. Norri Michael San :Miguel William Strawn Senior Lending Officer and Petroleum Engineer, American Bank. Received B.S. in Civil Engineering from the University of Texas at Austin. Activities include: Member of Society of Petroleum Engineers and former chair of Corpus Christi SPE. (General Public) (7- 07 -06) Instructor /Program Coordinator, Career Centers of Texas. Received BS from University of Texas, San Antonio. Activities include: Member of the Hispanic Chamber of Commerce and Volunteer in assisting students obtain their GED. Received Award for Employee of the Quarter and Instructor of the Month. (General Public) (5- 25 -07) Traffic Safety Specialist, Texas Department of Transportation. Received BBA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Activities include: Pilot /Observer Coast Guard Auxiliary and Bay Yacht Club. (General Public) (10- 31 -06) f 'RANSPORTATION ADVISORY COMMITTEE — Three (3) vacancies with terms to 04- 30 -10. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects Chairman and Vice - Chairman annually, Meets 4th Monday of the month, at 2:00 p.m., City Hall, Council Chambers. ORIGINAL MEMBERS TERM APPTD. DATE *William Green, Chair 4 -30 -07 5 -11 -04 Karen Beard 4 -30 -09 5 -30 -06 Richard Bailey, Sr. 4 -30 -08 5 -10 -05 ** *Mike Beavers 4 -30 -07 11 -14 -06 * ** *Robbie Foster 4 -30 -07 4 -11 -00 Curtis A Rock 4 -30 -08 5 -30 -06 David `' Seiler 4 -30 -09 5 -13 -03 Daniel Carrizales 4 -30 -09 12 -20 -05 MAC Misty Galang (NAS Security Officer) 4 -30 -08 12 -20 -05 *Seeking reappointment ***Resigned * ** *Has met the six -year limitation allowed by ordinance and is ineligible for reappointment (Note: The Transportation Advisory Committee is recommending the reappointment of William Green.) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR William Greer 12 11 92% OTHER IND1VIDL ALS EXPRESSING INTEREST Andrew K. Dimas Thomas L. Knight Carolyn Moon Dan Owen Keith Roper Intern in Governmental Affairs, Corpus Christi Chamber of ('ommerce. Received Bachelor of Arts in Political Science from Texas A &M University - Corpus Christi, Associate of Arts .n Liberal Arts from Del Mar College. Received Volunteer of the Year 2000 Award from Christus Spohn Iospital Shoreline. Dean's List, Spring 2007 and member )f Phi Sigma Alpha, Political Science Honor Society. (5 -16- `7) )wner -- President. Fiesta Margaritas. Received Bachelor of kris Degree in Political Science/Public \dm.nistration /History and Secondary Education Teaching ertificates in American Government/History and Special ,:ducation. Received Young Republican "Man of the Year" 975 and was in Del Mar College Hall of Fame 1973. (4 -3- 0 7) 1 eacher, Corpus Christi Independent School District. Received M.A in Communications and Special education. cti e member of the League of Women Voters and the texas Democratic Women. (4- 29 -05) )irector of Operations, Goodwill Industries of South Texas, nc. Received a BA in Political Science and Economics from l exas A &M Corpus Christi. Activities include: ommunity Service Chair Elect for Rotary Club Board, ambassador to Chamber of Commerce, and United Way olunteer /speaker. (4- 21 -06) )caner, Ameri -Tex Trucking Company. Retired Captain — orpus Christi Fire Department, Public Education Officer. Zecelved Bachelor of Science in Agriculture from Texas &I Kingsville. Previously served as a Reserve in the Army ind the Nueces County Sheriff's Department. Certified echnician/Instructor for Child Safety Seats. Certified by the 'rational Highway Traffic Safety Administration (NHTSA). 11-28-06) 3 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of playground equipment from Total Recreation Products. Inc. Cypress Texas in accordance with the Texas Local Government Purchasing Cooperative in the amount of $46,185.44 The park equipment is purchased for Mt Vernon, Parkview, Mobile. Castle and Candlewood Parks. Funding is available in the Park and Recreation 2005 CIP Fund. BACKGROUND Purpose: This playground equipment will be placed in five local parks: Mt. Vernon, Parkview, Mobile, Castle and Candlewood. Award Basis: Funding: This equipment is purchased through the Texas Local Government Purchasing Cooperative. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. Parks & Recreation 550720-3289-00000-150603 $13,246.58 550720- 3289 - 00000 - 150604 12,548.50 550720- 3289- 00000 - 150602 5,184.02 550720- 3289- 00000 - 150599 13,563.90 550720-1289-00000-150600 1,642.44 Total $46,185.44 Michael era, Assistant Director of Financial Services Price Sheet 29- May -07 Buyer: Michael Barrera Playground Equipment Park Total Recreation Products, Inc. Cypress, Texas Mt Vernon Park Slide Climbing System Parkview Park Swing set Swing Set Extension Belt Seat Totter swing Slide Playground set Mobile Park Slide Swing Swing Set Extension Belt Seat Totter Swing Castle Park Slide Playground set Swing Belt Seat Candlewood Park Swing Swing Set Extension Belt Seat Totter Swing Grand Total $3, 976.34 9,270.24 $13,246.58 $550.32 292.68 344.78 454.66 3,541.58 7,364.48 $12,548.50 $3,541.58 550.32 292.68 344.78 454.66 $5,184.02 $3,541.58 9,127.22 550.32 344.78 $13,563.90 $550.32 292.68 344.78 454.66 $1,642.44 $46,185.44 • 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 29, 2007 AGENDA ITEM: Ordinance authorizing the issuance of a Beach Festival Permit to Clear Channel Broadcasting, Inc. for "C- Sculptures," at Gulf Beach between Zahn Road and the North Jetty of Packery Channel on June 9, 2007; providing for severance; and declaring an emergency. ISSIE: Any beach festival that is held in the City of Corpus Christi must comply with City Code of Ordinances, Chapter 10, Article XI, Beach Festivals. The Beach Festivals ordinance requires a Public Hearing for each requested permit. The Public hearing was held on May 21, 2007, and no one expressed any concerns or opposition to the event. The attached ordinance authorizes the City Manager to issue a beach permit upon compliance with Code of Ordinances, Chapter 10, Article XI, Beach Festivals; including execution of police services agreement, approval of the fire prevention plan by the City's Fire Marshal, and obtaining required temporary certificate of occupation by the City's Building Official REQUIRED COUNCIL ACTION: City Council must approve permits for beach festivals. PREVIOUS COUNCIL ACTION: This event was approved in 2003, 2004, 2005 and 2006. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. Sally Ga Parks a Attachments: Background Information Ordinance Lease Agreement Ail 11 Di ector Recreation Department BACKGROUND INFORMATION C- Sculptures is an outdoor event that includes a sand sculpting competition, contests and musical performances. This one -day event has a 30 year history. Estimated attendance is 10,000 each hour and about 100,000 per day. This festival now falls under the City of Corpus Christi's Code of Ordinances, Chapter 10, Article XI, Beach Festivals. Due to the City's annexation of Padre Island, this event now occurs inside the Corpus Christi City limits. The 207 event is to be held at Gulf Beach between Zahn road and the North Jetty of Packdry Channel, within the City's limits, on Saturday June 9, 2007, from 10 a.m. to 5 p.m From City of Corpus Christi Code of Ordinances: ARTICLE XI. BEACH FESTIVALS Sec, 10 -111. Definitions, As used in this article the following terms shall have the respective meanings ascribed to them: Beach festival: Any form of entertainment including, but not limited to, performances, contests, or any combination thereof on a public beach, which is scheduled to continue in excess of three (3) hours where: (1) The ersertainment, contest, or combination of entertainment and contests occurs inside the boundaries of the city; and, (2) More than one hundred (100) persons are reasonably anticipated to be in attendance on any one (1) day. Director: The director of parks and recreation department or the director's designee. Festival site: The location of a beach festival. Promoter.. Any person or group of persons who attempt to organize, promote or solicit funds, for the organization or promotion of a beach festival. (Ord. No. 24737, § 5, 1 -22 -2002) Page 1 of 2 ORDINANCE AUTHORIZING THE ISSUANCE OF A BEACH FESTIVAL PERMIT TO CLEAR CHANNEL BROADCASTING, INC. FOR "C SCULPTURES," AT GULF BEACH BETWEEN ZAHN ROAD AND THE NORTH JETTY OF PACKERY CHANNEL ON JUNE 9, 2007; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY WHEREAS, Clear Channel Broadcasting, Inc. ( "Promoter ") has submitted an application to sponsor the annual "C- Sculptures" festival on the Gulf Beach between Zahn Road and the North Jetty of Packery Channel that requires a beach festival permit under Article XI of Chapter 10, Code of Ordinances; WHEREAS, the beach along the Gulf of Mexico is subject to the Texas Open Beaches Act: and WHEREAS, Promoter is in the process of arranging for the appropriate support from the City's police department. other law enforcement agencies, and private security services to provide for traffic control, crowd control, and other security issues. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council authorizes the City Manager, or the City Manager's designee, to execute a beach festival permit and contract with Clear Channel Broadcasting, Inc. for the "C Sculptures," on the Gulf Beach between Zahn Road and the North Jetty of Packery Channel in Corpus Christi City Limits, on June 9, 2007 from 10:00 a.m. to 5:00 p.m. upon Promoter's compliance with all provisions of Article XI of Chapter 10 of the Code of Ordinances, including but not limited to: execution of police services agreement; approval of the fire prevention plan by the City's Fire Marshal; obtaining required temporary certificate of occupancy by the City's Building Official; proving bond as required in Section 10- 115(4); and reimbursing City for all costs incurred by City as required by Section 10 -115 (1) Code of Ordinances. A copy of the permit and contract is attached and will be filed with the City Secretary's Office. SECTION 2. 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. Therefore, if 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. SECTION 3. Upon written request of the Mayor or five Council members, copy attached, ttte 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 H: \I EG -DIR \Lisa \Ordinance 2007\CScuptlr BeachFes tPermit.Ord doc Page 2 of 2 upon first reading as an emergency measure on this the day of 2007 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED May 21, 2007 Lisa Aguilar Assistant City Attorney for City Attorney HAt EG-DIRlisa‘Ordinance 2007 \CScuptIrBeachFes.tPermit.Ord.cloc Henry Garrett Mayor Page 1 of 7 Permit for Use of Public Beach by Clear Channel Broadcasting Inc. "C Sculptures" 2007 Whereas, Clear Channel Broadcasting Inc. ( "Promoter ") of 501 Tupper Lane, Corpus Christi, Texas, has applied for a Beach Festival Permit ( "permit ") with the City of Corpus Christi ( "City ") to conduct an outdoor music festival on Padre Island between Zahn Road and the North Jetties of Packery Channel ( "Festival Site" on June 9, 2007; Now therefore, in accordance with Section 10 -115 of the City Code of Ordinances, Promoter agrees to the following conditions and stipulations 1. Definitions. a Permit means this document including all attachments and exhibits that are referred to in this document. b City means the City of Corpus Christi, a Texas home -rule municipality. c Perntitee or Promoter means Clear Channel Broadcasting, Inc. d Event or the Event means C- Sculptures 2007 and related activities sponsored by Permittee. e Festival Site means the site for the Event, more fully described on the attached Exhibit A. f City Manager means the City's City Manager or his designee. g Parks Director means the City's Director of Parks and Recreation or his designee. h City Traffic Engineer means the City's Traffic Engineer or his designee. Traffic Control Plan means the traffic control plan prepared by the City's Traffic Engineer, or his designee, for the Event, as shown in the attached Exhibit B. j Police Chief means the City's Police Chief or his designee. k Risk Manager means the City's Director of Risk Management or his designee. I City Attorney means the City's Attorney or designee. 2. Tenn. This Permit is for a term of one (1) day, June 9, 2007. 3. Festival Site. City grants to Promoter a permit to conduct the Event on the property generally described as follows. Page 2 of 7 Gulf Beach on Padre Island located between Zahn Road and North jetty of Packery Channel, from the water line to the sand dunes, 4. Festival Site Revisions. Activities by Permitee will be limited to the above desibed Festival Site. If Permitee wishes to use any additional City -owned areas for its activities, it must obtain prior written approval from the Parks Director. If Exhibit A is revised, a new Exhibft will be filed with the City Secretary and Parks Director and supersede the existing Exhibit. Any new Exhibit becomes effective upon its filing with the City Secretary, 5. Event Layout Diagram. Permitee has provided to the Parks Director a diagram explaining the Event layout, copy attached as Exhibit A. 6. Special Event Fee. Permitee must pay City applicable Parks and Recreation Special Event Permit fee and applicable Traffic Engineering permit fee. 7. Payment of City Costs. Permitee shall pay to the City of Corpus Christi ( "City ") the reasonable value of any lost, damaged, or destroyed park or beach facilities in the vicinity of the festival. Permittee will pay the City within sixty (60) days after the Event ends the actual cost incurred by the City related to the Event, including but not limited to the cost for those services provided by the Parks & Recreation Department, the Traffic Engineering Department, and the Police Department. The City will invoice Permittee for these costs within thirty (30) calendar days after the Event. The invoice will itemize the City charges for services rendered. Upon written request of Permittee, the City will fumish reasonable supporting documentation of the charges within ten (10) calendar days. a. Costs. City's Costs in assisting with the Event may include: 1. Damages to City property related to the Event, which will be billed at the cost of repair. 2. Costs of labor contracted for clean up, or additional clean up required by the Directors of relevant departments 3. Costs of Police Officers provided for security, crowd control, traffic control, and off -site traffic control, at applicable city rates for the Police Officers assigned. Permitkoe will pay City's Costs, if any, as billed within 30 days after City tenders invoice to Permittee. b. Late Fee. Permittee's failure to pay the undisputed charges on City's invoice whin 30 days after submittal to Permittee shall result in a late payment fee being assessed against Permittee. The late payment fee shall be calculated to be 5% of the amount due, as shown on City's invoice, Tess any disputed amounts, and said fee will be added to the net amount payable to the City. Page 4 of 7 15. Dune Protection Plan. Promoter has a duty to protect the dunes and is responsible for mitigating any damage to the dunes caused by the beach festival. A copy of the Dune Protection Plan is attached (Exhibit D). 16. Rest rooms, Drinking Water and First Aid. Promoter must provide adequate porteble rest rooms, including restrooms for people with special needs, and drinking water for the public. Throughout the duration of the Event Promoter shall also provide the following: (1) A readily identifiable first aid station with two certified paramedics; and (2) an emergency beach vehicle [four wheel drive "Gator"]. 17 insurance. Promoter must furnish to the Risk Manager proof of Commercial General Liability insurance for the length of the Event and its related activities protecting against liability to the public. The insurance must comply with the requirements of the City's Risk Manager as shown in the attached Exhibit G. The City must be named as an Additional Insured on all liability policies. In addition, Promoter must provide copies of all insurance policies to the City Risk Manager upon City Manager's written request. 18. Indemnity. Promoter must indemnify and hold City, its officers, agents allnd employees ( "Indemnitees ") harmless of, from, and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments recovered from or asserted against IndhmnMees on account of injury or damage to person or property to the extent that any damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or in part, by an act or omission, negligence, or misconduct on the part of the Indemnities or on the part of Promoter or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the Festival Site pursuant to this Permit, to set up and take down, hold, attend or participate in the Event and associated activities, with the expressed or implied invitation or permission of Promoter, or when any injury or damage is the result, proximate or remote, of the violation by lndemnitees, Promoter, or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any law, ordinance, or govemmental order of any kind, or Wien any injury or damage may in any other way arise from or out of the inllerovements located on the Festival Site described in this Permit or out of the use or occupancy of the improvement to the Festival Site or the Festival Site itself by Indemnitees, Promoter, its agents, servants, employees, contractors, patrons, guests, licensees, or invitees. These terms of indemnification are effective whether any injury or damage may result from the sole negligence, contributory Page 5 of 7 negligence, or concurrent negligence of Indemnitees, but not if that damage or injury results from gross negligence or willful misconduct of the Indemnitees. Promoter covenants and agrees that if City is made a party to any litigation against Promoter or in any litigation commenced by any party, other than Promoter relating to this Permit, Promoter shall defend City, with counsel acceptable to the City, upon receipt of reasonable notice regarding commencement of that litigation. 19. Safety Hazards. Promoter, upon notice of identified safety hazards by the City Police Chief, Fire Chief, Parks Director or Risk Manager must correct the safety hazard immediately or as otherwise provided in the notice of safety hazards. 20. Permits. Promoter must obtain and pay for all permits necessary to comply with City, State, and Federal laws and give a copy of each permit to the Parks Director. In particular, Promoter must also obtain a Temporary Promotional Event Permit from the City Building Inspection Department and an Alcohol Permit from the Parks and Recreation Department, if alcohol will be sold at the Event. Promoter must notify the Parks Director of any special conditions imposed by any permitting agency. Promoter must require all vendors to obtain and comply with appropriate permits from the City - County Health Department for sale of foods and protection of the public welfare 21. Elecical & Water Services. Electrical and water service is not provided on the Festival Site. A Temporary Promotional Event Permit from the City Building Inspection Division is required in order to install electrical service for the Event. A Certit Cate of Occupancy is included and must be used to have all temporary services (such as food, electrical, plumbing, tents, and structures) inspected. It is the responsibility of Promoter to call each inspector for an appointment to inspect and get approval for each temporary service before the Event begins. 22. Fire Lanes. Prmnoter must, at all times, during the Event and the non - exclusive use period, maintain fire lanes upon the Festival Site as may be designated by Cry's Fire Chief. The fire lanes must be kept clear of all obstructions. 23. Assignment. Promoter may not assign or transfer this Permit or make any alteraron therein without the prior written consent of the City. 24. Termkiation. Any failure on the part of Promoter to perform any of the covenants contained in this Permit, or any breach of any covenant or condition by Pron ater entitles City to terminate this Permit without notice or demand of any kind, notwithstanding any license issued by City, and no forbearance by City of any prior breach by Promoter shall constitute a waiver by or estoppel against the City. In case of any termination City is entitled to retain any sums of money paid by Promoter and those sums inure to the benefit of City as a set -off against any debt or liability of Promoter to City otherwise accrued by breach of this Permit. Page 6 of 7 25. Not Partnership or Joint Venture. This Permit may not be construed or deemed by the parties hereto as a partnership, joint venture, or other relationship that requires the City to cosponsor or incur any liability, expense, or responsibility for the conduct of the Event or associated activities. Payments received from Promoter by the City are compensation for provision of City services as described herein and for the right of Promoter to use public property for the limited purpose described in this Permit. 26. Cancellation of Event. City Manager, or his designee, reserves the right, at all times and in his sole discretion to cancel the Event if cancellation is necessary to protect the public health, safety, or welfare. If the Event is cancelled under this section, Promoter relieves City from all liability that may result from the premature closing of the Event. 27. Entire Permit. This Permit and the attachments and exhibits referred to in this Permit constitute the entire Permit between the City and Promoter for the use of the Festival Site for the Event. 28. Exhibits: Exhibits to this Agreement are as follows: Exhibit A — Description of Festival Site; Exhibit B — Traffic Control Plan; Exhibit C — Clean up Plan; Exhibit D — Dune Protection Plan; Exhibit E — Police Services Agreement; Exhibit F — Fire Prevention Plan; Exhibit G — Insurance; and Exhibit H - Security Plan. 29. Mterpretation. This Permit will be interpreted according to the Texas laws that govern the interpretation of contracts. Venue lies in Nueces County, Texas, where this Perrot was entered into and will be performed. The headings contained herein are for convenience and reference only and are not intended to define or limit the scope of any provision. The unenforceability, invalidity, or illegality of any provision of this Permit does not render the other provisions unenforceable, invalid, or illegal. 30. Modifications. No provision of this Permit may be changed, modified, or waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. Exectted this the day of , 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Apprawed May 17. 2007 Lisa Aguilar Assis*nt City Attomey For City Attorney George K. Noe City Manager By: Name: Title: Page 7 of 7 STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on lYsmj 01.3 , 2007, byaiot Pkikutssdi be N of said Texas corporation as Market AfAugter, lear Channel Broadcasting, Inc., on I ...— Notary Pus , State of Texas /I€&/ hem mAlcAlhause Printed Name & Seal -N. ^... ', ... ..... ..". _A ... .01. ....- A HEIDI HUMRICKHOUSE ,4, \' - Notary Public STATE OF TEXAS My Comm. Exp. 10-17-2007 v -... . -....- v --...- ... Command POST FIRE, POLICE EMS Bus Sobs 10x10 AVIATORS 10x10 Henna 10x10 ARMY 10x10 SUNSEEKE RS 10 X 10 Broadcast Vdiick Electric Tan 10 x 10 • • • NAVY 10 x 10 1 ■ • No Jellies 10 x 10 «, aioka Insurance 10 x 10 U.S. Marines 10 x 10 U.S. Tobacco 10 x 20 AT &T 10 x 10 Additional VIP Parking 15 spaces CHAMPION MAZDA 10 x 30 >0 ZAHN ROAD J EXIT ONLY X < m Z� NEWPORT PASS BEACH ACCESS ROAD #3 ENTRANCE ONLY 'STN :31y3S THE 30TH ANNUAL C -101 C- Sculptures Clean Up Plan in accordance with C -101's application for an Outdoor Music Festival Permit for the 30th Annual C -101 C- Sculptures event being held June 9, 2007, at J.P. Luby Park on the North Jetty at Packery Channel 10 am — 5 pm., a plan of action for the purpose of trash removal and to return the event site to its original state will be implemented. This plan of action includes assistance from Clear Channel Radio Broadcasting employees, volunteers secured by Daiquiri Richard with the Beautify Corpus Christi Association (BCCA) and assistance from citizens from the community. Below is an outline of how this plan will be executed to ensure that our commitment will be met. Clear Channel Corpus Christi's four (4) FM broadcast signals, KNCN, 101.3; KRYS, 99.1; KMXR 93.9; and KSAB 99.9 and two (2) AM broadcast signals, KKTX 1360 and La Preciosa 1400, will combine their resources and power to promote the removal of trash from the beach by visitors to the area. These resources include using the individual station broadcast signals to make public service announcements promoting beach clean up, station websites, with posted tips and information to educate the public about the environmental impact of litter, plus the use of station volunteers who will collect trash from the event site on June 9, 2007. OUTSIDE THE VENUE C -101 will conduct a contest to encourage citizens and visitors to take a proactive approach to cleaning up not only their trash but also the trash of their neighbors as well. Throw a series of promotional announcements, C -101 will promote a contest to reward individuals who collect trash the day of the event. It will be conducted in the following manners A trash collection center will be designated on site (see site map). BCCA volunteers will hand out trash bags throughout the event site to encourage people to keep their areas clean and to instruct them to return the bags to the trash site prior to them leaving for inclusion into a drawing from C -101 for prizes including dinner gift certificates, concert tickets, vouchers to theme parks and other station promotional items. Everyone who turns in their trash bag(s) will be entered into the contest. Drawing will be held the following Monday at the studio and announced on air. INSIDI THE EVENT VENUE Clear Channel Broadcasting will hire personnel to cleanup the venue site at J.P.Luby Park Area from Noon — 7 pm on Saturday, June 9. Personnel will work with Clear Channel staff to be sure trash bags are disposed of when full in the event venue site and properly set into the dumpsters. Two 10 yard dumpsters will be placed inside the venue and picked up on Saturday evening by hired disposal company. We will coordinate with Bill Davis of the S.P.U.R.S program to conduct a beach clean up on Sunday, June 10 and Monday, June 11 and if necessary Tuesday, June 12, 2007. The clean up will be done in the area from Zahn Road to Access Road 3 . 30TH ANNUAL C -101 C- SCULPTURES ON DUNE PROTECTION PLAN Friday, June 8, 2007 — Saturday, June 9, 2007 Corpus Christi, TX revision 5123107 TiO VliIEKS PRIOR We will run a heavy promotional schedule informing the public about the environmental importance's of the dunes/sea oats and the importance of keeping the dunes in their natural state. FAY JUNE 8 We will station both private security and off duty CCPD at key areas around the dunes to prevent access. SJTURAY JUNE 9 We will station both private security and off duty CCPD at key areas around the dunes to prevent access. We will also be making hourly announcements from our festival area stage reminding attendees to protect the dune area. CONTRACTUAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND CLEAR CHANNEL BROADCASTING, INC. CONTRACT FOR POLICE SERVICES This contract to provide specific additional police services on an overtime basis for the outdoor concert, festival and contest known as C- Sculptures (hereinafter referred to as "C- Sculptures ") is made and entered into this, the day of May, 2007, by and between the City of Corpus Christi, a Texas home rule municipal corporation, acting by and through its authorized City Manager or designee, and Clear Channel Broadcasting, Inc. (hereinafter referred to as Clear Channel), a corporation, acting by and through its duly authorized agent or designee. WHEREAS Clear Channel desires to contract with the City for additional overtime police services to provide law enforcement, traffic and crowd control services to provide for safety and protection of the public before, during and immediately after the above - described C- Sculptures event; and WHEREAS the City, by and through its Police Department, desires to assist in this effort by providing additional police services to the C- Sculptures event on an overtime basis; NOW, THEREFORE, Clear Channel and the City agree as follows: Scope of Services The City agrees to provide for the benefit of Clear Channel a reasonably sufficient number of sworn police officers, as determined by the Chief of Police, including appropriate supervisors, on an overtime basis to perform law enforcement, traffic and crowd control services in and around the festival grounds and to enforce all local and state laws. Sworn officers shall at all times remain part of, subject to and in direct relationship with the Police Department's chain of command and shall remain subject to Police Department rules, regulations and operating procedures. It is expressly understood that the Police Department shall be responsible for the compensation of the officers and all employee benefits, as well as for any injuries to the officers. their property. or the City' s property, while performing law enforcement duties for the festival, The City agrees that it will provide the officers, along with such equipment as may be necessary and reasonable, in order to allow the police officers to carry out the duties anticipated under this agreement. Reimbursement Clear Channel agrees, in consideration for the additional police services, to reimburse the City for the City's actual costs of compensating all assigned officers' overtime wages or equivalent, based on each officer's overtime rate of pay. Reimbursement to the City will consist of a monetary payment of 50 percent of said actual costs, and the remaining 50 percent will be provided by Clear Channel to the City in the form of commercial radio broadcast airtime for the City's use on radio stations which have a broadcast signal that includes the City of Corpus Christi. The City will use said airtime to provide information, advertisements or public service announcements. The City agrees to provide Clear Channel with an invoice itemizing employee identification numbers, hours worked performing assigned duties under this contract, and supervisory approval and verification of the Payroll Time Sheets within 30 days of the conclusion of this C- Sculptures event, to be held on June 9th and 10th, 2007. Clear Channel agrees to make monetary payment in -full for 50 percent of the amount listed on the invoice within 30 days after receipt of said invoice, and to provide the aforementioned broadcast airtime to the City for its use within one year of the date of execution of this agreement. Termination This agreement shall terminate within one year from execution or upon conclusion of the C- Sculptures event, provision of the City's invoice, payment by Clear Channel, and provision by Clear Channel and use by the City of the broadcast airtime, whichever occurs first. Construction of Laws This contract is made and entered into in the City of Corpus Christi, Nueces County, Texas. Any and all questions of law arising hereunder shall be construed in accordance with the laws of Texas and venue shall be in the appropriate court in Nueces County where the contract was executed and will be performed. Entire contract This contract of three pages constitutes the entire agreement between the parties. If any word, phrase, paragraph, section or article of this contract is found to be invalid, unconstitutional or illegal by final judgment of a court of competent jurisdiction, it does not affect any other word, phrase, paragraph, section or article of this contract, because it is the intent of the parties that every word, phrase. paragraph. section or article of this contract be given its full force and effect. ATTEST: Clear Channel Broadcasting, Inc. Date Authorized Representative Armando Chapa, City Secretary City of Corpus Christi George Noe City Manager, City of Corpus Christi APPROVED AS TO FORM: Josepit Harney Assistant City Attorney City of Corpus Christi Date Date Date 30TH ANNUAL C -101 C- SCULPTURES ON SITE FIRE PLAN Friday, June 8, 2007 - Saturday, June 9, 2007 Corpus Christi, TX mil/W 5123l07 FLAY, JUNE 8 — Corpus Christi Police department will be on site from: 6 rim — Midnight -Two (2) CCPD (off Duty) posted in the venue area Midnight — 8 am - Two (2) CCPD (Off Duty) in venue area SURD1Y. JUNE 9 — Fire inspection will take place Saturday morning approximately 0900 after site is fully erect. Each both that is 10 x 20 feet or larger will have a fire extinguisher 7am — 6 pm Saturday June 9 — Two (2) Deputies will be stationed at Zahn Road. One (1) Deputy will be posted at Zahn Road (entrance to festival site) Private EMS will be on site. 7am — 6 pm Saturday June 9 CCFD and CCPD will have their RV's on site EXHIBIT 1. INSUR*CE _REQUIREMENTS A. Promoter must not commence work under this Lease Agreement until all insurance required herein has been obtained and approved by the City. The Promoter must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Promoter must furnish to the Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City must be named as an additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, non- renewal, material change or termination is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1 Commercial Form 2 Premises — Operations 3 Products! Completed Operations Hazard 4 Contractual Liability 5 Broad Form Property Damage 6 Independent Contractors 7 Personal Injury $1,000,000 Combined Single Limit LIQUOR LIABILITY 1 Vendors providing and / or selling alcohol $1,000,000 Combined Single Limit AUTOMQBILE LIABILITY -- Owned, Non -owned or rented vllhicles 1 Contractors & Subcontractors delivering tents, stases, bisechers, temporary structures and large items 2 Promoter workers and volunteers $500,000Combined Single Limit AT A MINIMUM , STATUTORY LIMITS of $20,000 / $40,000 for BODILY INJURY & $15,000 for PROPERTY DAMAGE I WORKERS' COMPENSATION EMPLOYERS LIABILITY Required if Promoter employs any person other than himself /herself: WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH II OF THIS EXHIBIT $500,000 ACCIDENT POLICY FOR VOLUNTEERS $5,000 MEDICAL PAYMENTS per PERSON $10,000 DEATH or DISMEMBERMENT per PERSON C. In the event of accidents of any kind, Promoter must furnish the Risk Manager with copies of all reports of any accidents within 10 days of the accident. 2007 C Sculptures- ins. req. 5 -21 -07 ep Risk Mmrnt ADDITIONAL REQUIREMENTS Promoter must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a poNcy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in amounts sufficient to ensure that all workers' compensation obligations incurred by the Promoter will be promptly met. Certificate of Insurance: The City of Corpus Christi must be named as an additional insured on the liability coverage, and a blanket waiver of subrogation is required on all applicable policies. If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In the alternative. a copy of policy endorsement with the required cancellation language is required. • The name of the event, including exact dates including move -in and move out dates shall be shown under the Description of Operations/ Locations / Vehicles/ Special Items • At a minimum: a 30-day written notice to the Risk Manager and Parks and Recreation Director of cancellation, material change, non - renewal or termination is required. If the Certificate of Insurance does not show on its face the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(7) are included or excluded. 2007 C Sculptttlos ins. req. 5 -21 -07 ep Risf Mgmt. 30TH ANNUAL C -101 C- SCULPTURES �'� ON SITE SECURITY PLAN Friday, June 8, 2007 - Saturday, June 9, 2007 Corpus Christi, TX "minion 5123107 FRIDAY, J11E 8 - Traffic will be routed to Access Road Traffic from Zahn road will be re- directed. Please see Traffic Control Exhibit. 3 pm - Midniaht- Two (2) Private security guards in the venue area. 3 pm - Midniaht - Three (3) Deputies © Zahn Road to redirect traffic and allow boaters to the boat ramps and setup crews and staff in. 6 pm - Midnight- Two (2) Deputies posted in the venue area Two (2) CCPD (off Duty) posted in the venue area Midrht - 8 am Four (4) Deputies at Zahn Road for boaters and volunteer Entrance and continued set up. Two (2) Private Security Guards in venue area Two (2) CCPD (Off Duty) in venue area General duties: Keeping the event site secured to protect structures (staging, vehicles, tents), keep people out of the event site and keep people from parking in designated areas. In addition to the above Deputies and Security on site, two Deputies will patrol the sculpture, parking and event site from 8 pm - 6 am to provide a safe environment for sculptors to work. TOTALS FOR FRIDAY: 9 Deputies 4 Private 4 CCPD SATtLDAY, JUNE 9 (Event Davi lam - 6 Dm - Two (2) Deputies will be stationed at Zahn Road to assist staff, and sponsors in getting to the event site. One (1) Deputy will be posted at Zahn Road (entrance to festival site) to guide those authorized to enter and to be sure that traffic is flowing out of area properly. This road is used by emergency vehicles, staff and sponsors of the event only throughout the day on Saturday. Special passes will be provided to distinguished staff and sponsors. All other traffic should be routed to New Port Pass or Access Road 3. 9 am- 5 Dm Saturday: VIP TENT: One (1) Private Security and one (1) Deputy Constable will be stationed at the VIP tent entrance to check VIP badges along with one (1) staff member, VIP's, Law Enforcement, EMS and Event Staff will be allowed in the VIP tent. 9am — 6 pm Saturday: Beer Garden: Two (2) CCPD (off duty) will be stationed at the beer garden tent to observe crowds who will remain in the tent during the consumption of alcohol sold on the premises. (1) Staff member will be there to assist. 7 arq — 6 pm Saturday ReservedNlP Parking Areas - There is only a limited amount of parking for sponsors, bands and staff. There are two areas within the event venue that will hold a total of 20 cars. I will have (2) Security Guards who can rotate through out the day to monitor these parking areas. 7 am — 6 pm Saturday Public Parking - Three (3) Deputies will be in charge of the public parking and perimeter of site. Keeping Vehicles moving at all times within the designated no parking and public parking areas. Also to alert the staff of any problems within the area. 10 am — 6 pm Saturday Stage Three (3) CCPD (off duty) with sidearms will be needed in the main crowd area in front of the stage. Two (2) CCPD (off duty) is needed in the backstage areas around the equipment trucks and stairs to the stage. One (1) Private Security Guard will also be needed backstage to keep people off the stage. Two (2) staff will also assist backstage. 6 pm - 8 Dm GENERAL VENUE AREA - Two (2) CCPD (off duty) will remain at venue site for cleanup to continue and all equipment removed. TOTALS FOR SATURDAY: 7AM -6 PM 7 Deputies 9 CCPD 4 Private Security 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: Ilwe, 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 Melody Cooper Larry Elizondo, Sr Mike Humrnell Bill KeAly Prisci G. Leal John E. Marez Nelda Martinez Michael McCutchon 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 29, 20007 AGENDA ITEM: Resolution dedicating certain property owned by the City and located at Whitecap Boulevard as Maryanne's Way, a public park, a strip of land more specifically described and shown in the attached metes and bounds description and survey (Exhibit A). ISSUE: The Padre Island Rotary Club has requested that the property located on Whitecap Boulevard be dedicated as a park called "Maryanne's Way" Park. The tract of and contains 0.116 Acres (5,066 Sq Ft) of land out of Lot 2, Block 2, Padre Island Corpus Christi. Point Tesoro Unit 5. REQUIRED COUNCIL ACTION: Requests to dedicate property as park property must obtain Council approval. PREVIOUS COUNCIL ACTION: Council approved funding for a sidewalk along Whitecap Boulevard from Park Road 22 to the Whitecap Wastewater Treatment Plant. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the land shown in Exhibit A as a park to be called "Maryanne's Way," in memory of Maryanne Simonelli Perry. Sally G- lik, Directo Parks d Recreation Attaehments: Background Exhibit A: Survey description and drawing Site plan BACKGROUND INFORMATION Maryanne Simonelli Perry was hit and killed by a truck during her morning walk along Whitecap Boulevard in September 2005. Her friends and family promised never to let anyone else suffer a similar fate and began lobbying the city for a sidewalk in that area. The project was a year in the making and eventually included plans for a waterside park named Maryanne's Way in her honor Besides the park, the project includes a 5 foot wide sidewalk, guardrails. curbs, curb ramps and driveways. The park will be at the end near the Whitecap Wastewater Treatment Plant and will include a gazebo, benches, and trees. The Padre Island Rotary Club has entered into an agreement to maintain the proposed park area. The Park and Recreation Advisory Committee reviewed this application for a park and approved it unanimously in the fall of 2006. EXHIBIT A MARYANNE'S WAY - FINAL PI -CC POINT TESORO - UNIT 5 STATE OF TEXAS COUNTY OF NUECES WINO a tract of land containing 0.116 Acres (5,066.6 SQ.FT.) of land out of Lot 2, Mock 2, Padre Island Corpus Christi, Point Tesoro Unit 5, as recorded i Volume 38, Pages 32 -33 of the Map Records of Nueces County, Texas. This 0.117 Acre tract being more particularly described by metes and bounds as follows: OOMMLNCING at the southeast corner of Lot 2, Block 2, Padre Island Corpus Christi, Point Tesoro Unit 5 as recorded in Volume 38, Pages 32 -33 of the Map Records of Nueces County, Texas; THENCE N88 °43'30 "W along the north right -of -way line of Whitecap Boulevard, a distance of 203.86' to The Point of Beginning of this easement, a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the southeast corner of this tract; THENCE N88 °43'30 "W continuing along the north right -of -way line of Whitecap l ►ulevard, a distance of 70.16' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the southwest corner of this tract; THENCE N55 °00'46 "W through said Lot 2 a distance of 39.39' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas "; THENCE N34 °59'57 "E continuing through said Lot 2 a distance of 58.48' to a Set Drill Hole of a non- tangent curve concave to the northeast having a chord of S67°08'16 "E a distance of 75.77', being the northwest corner of this tract; THENCE along said curve having a radius of 651.62', a arc length of 75.81' and a central angle of 06 °39'58" to a Set Drill Hole on a concrete bulkhead, being the northeast corner of this tract THENCE S01 ° 16'30 "W through said Lot 2, a distance of 42.62' to the POINT AND PLACE OF BEGINNING and containing 0.116 Acres of land. Bearings are with reference to the north right -of -way of Whitecap Boulevard as shown on plat of Padre Island Corpus Christi Point Tesoro Unit 5, recorded in Volume 38, Pages 32 -33 of the Map Records of Nueces County, Texas. State of Texas County of Nueces 1, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the ' and under my direction. This the 27TH day of October, 2006. .,tAdmeit 04,y, ell D. Ochs Site of Texas License No. 5,24 EXHIBIT A cc V.: if.) 0 Q p Cr 0 Z Lu 0 0 Z 7- Li § W ,✓?` Uw a) OZ JF CO �W Y a � 0 a Z O Z� <w V)Q 00 C, Q_ 0 _ R Q 0 CoQ _ �,0 i f— to J 1,2 a) CO a ar J LJQIZ 0 N 0 (o c 0 0 G N 0 0 co (w/) O / M „0c,91. LOS La O OZ Z 0 0 O W 2 z us am ;188 3 V m N D • z 1-- o �C N t i U >- 0WN g 4 y W Gov • zF W S 0 W Z 800 dwges a W W Y a y W �++ jai <0 � o a Z o ti) OWNER: CITY OF CORPUS CHRISTI, TX zw co I C- ° M ° X O N D W Z O Z 0 0 D O UeW 0 _Z ,UL, Z ZNcc 4, Q Y O U LICC Z cV W • O L. Z • H00W �0 5 Z ooL Q .-� = O • 2 • W O Q N mcnu)r) _L 0 -41.101 May. 09 21307 011 : 3UPM P1 APPLICATION FOR ADOPTING A SECTION OF RIGHT -OF -WAY FOR LANDSCAPING OR LITTER ABATEMENT BY VOLUNTEER ORGANIZATIONS The following information must be provided for review and approval before adopting a section of public right -of -way within the city for the purpose of spot landscaping and/or litter cleanup by a volunteer organization: Name of Organization: 1 C` Orgar*zation address: / /V 13 $P4 °`t,25',3 4)-figi s Contact Person: L!4 i . L'V e %5 h Telephone No. 36 %--4 38 - 00 / i Responsible Party: M r in I a. i^ oh Telephone No. 36/- 101 S ^ 949.2 0 blotting address: £7o O .5P /40 . e el,pc.z5 � -Ccl _134 78498 Provide an accurate description of the portion of street along which the volunteer organ *ation wishes to spot landscape and/or clear litter, and the exact nature of work end /or improvements planned. xtdentby and Describe Selected Street Section: eLi Natu of Work Planned: ex( AC2e-gt.e.ti az-eiLij Ot...ecAt" py ; £,s Ji o no r 019 %Y1r� ���t rr.��e w eC�°, . / . a[- C% /0os s, a / w4.44, ` x3111 =1' i•.IEU TEL : 3E„ '-,an R1-; 4 Page 1 of 2 1 # iME : !_ . C . FORKS REC:REHT I OH By execution of this application and in consideration of being allowed to participate in this project, Organization/Applicant agrees to indemnify and hold harmless the City of Corpus Christi and its officers, officials, employees, representatives, and agents (collectively, the "City ") from and against any and all claims, demands, actions, damages, liabilities, losses, costs, expenses, and judgments, including court costs and all reasonable attorneys' fees, recovered from or asserted against the City on account of injury or damage to persons or property (including, without limitation on the foregoing, workers' compensation, death, and premises defects) to the extent any such injury or damage may be incident to, arise out of, or be caused by, either proximately or remotely, wholly or in part, an act or omission, negligence, or misconduct on the part of the City or on the part of the Organization /Applicant or any of its employees, servants, members, patrons, guests, licensees, or invitees entering upon the property to use, occupy, maintain, or improve the property under the scope of this application or in violation of any law, ordnance, or governmental order of any kind. Organization/Applicant agrees that these terms of indemnification are effective upon the final execution of this application and whether such injury or damage may be caused by or result from the sole negligence, contributory negligence, or concurrent negligence of the City but not if such injury or damage may be caused by or result from the gross negligence or wilful misconduct of the City. Furthermore, Organization/Applicant agrees that in case the City or any of its officers, officials, employees, representatives, or agents is made a party to any litigation against the Organisation/Applicant or in any litigation commenced by any party other than the Organization/Applicant related to this application, the Oranization/Applicant shall, upon receipt of notice and at its own expense, investigate all claims, demands, or lawsuits, attend to their settlement or other disposition with counsel satisfactory to the City Attorney, and pay all charges of attorneys and other costs and expenses of any kind whatsoever. The provisions of this indemnification survive the termination or expiration of this application. ru=t , - q iii WED 1 _ ; _ ~ !EL: 3E 1 8 3;864 Page 2 of 3 NAME:C.C. PARKS « RECREATION P. 1 P-* 1=+_1711406 May. 09 2E107 1711: 1Fri P2 Applicant shall be responsible for complying with conditions listed in City Code of Ordinances Chapter 49, Section 49 -14, Procedures for adopting a section of public right of way for landscaping or litter abatement by volunteer organizations, which is attached and incorporated by reference. Applkant nowledgement r Signed Date: 577/c)'7 Organization Name: (2,_41 140.2 (44260-4a Traffic Engineeri Approved: Date: 7 /LG /U A sigq ed, dated, and approved copy of this application serves as the issued permit until expiration. Permit will remain in effect one year from date of final approval. tFl`, -2007 tIEC L:. Page 3 of 3 C:. i_ . PHRKS a REC:REHT I OFI P . Sec. 49 -14. Procedures for adopting a section of public right -of -way for landscaping or litter abatement by volunteer organizations. The following procedures and guidelines are hereby established for adopting a section of public right -of -way within the city for the purpose of its spot landscaping and/or litter cleanup by a volunteer organization: ( 1) Any volunteer organization desiring to adopt a section of public street or right -of- way for spot landscaping and/or litter cleanup must first file an application with the city traffic engineer in writing. (2) Such application shall contain an accurate description of the portion of street along which the volunteer organization wishes to spot landscape or clear litter, and the exact nature or work and/or improvements planned. 3) Upon receipt of such application, the city traffic engineer shall present the same to the police chief, director of risk management, and director of parks and recreation requesting their concurrence with the planned work. (4) On determination that all those named in subsection (3) are in agreement to the volunteer organization's request, the city traffic engineer shall issue a permit to the volunteer organization to perform the approved work and/or improvements, subject to the following conditions. a. Project sites shall be urban in nature, with open and clear sight distance in all directions. "Adopt -A- Street " project sites shall be a minimum of one (1) mile in length. The volunteer organization shall obtain approved site selection and specifics of site work from the city's traffic engineering division. The adoption period shall be one (1) year, and it is requested that there be a general cleanup effort a minimum of four (4) times during the adoption period at regular intervals. "Adopt -A- Spot" project sites will be approved by the city's traffic engineering division and parks and recreation department The adoption period shall be one (1) year, and it is requested that there be general cleanup /maintenance effort at the adopted spot a minimum of once per month during the adoption period. b. A hold- harmless agreement shall be executed between the city and volunteer organization to indemnify and save the city harmless from any and all claims, liabilities, losses or expenses on account of any personal injury or property damage arising as a result of the negligence or misconduct of any member of the volunteer organization. In addition, a hold - harmless waiver shall be executed by each volunteer worker, or parent or guardian of each minor child under eighteen (18) years of age who is a volunteer worker, participating in each scheduled field project. c Each volunteer organization shall develop a functional plan that will influence and encourage the public to improve the appearance of their adopted street section or spot. d. The volunteer organization shall conduct a safety meeting with its volunteer workers prior to each work cycle, including a representative of the city. In this meeting, the volunteer workers shall be apprised of the hazardous nature of the work which they will be performing and of the traffic control and public advisory plan to be utilized. e. Volunteer workers shall be required to wear safety vests and any additional safety wear specified by the city. All safety wear shall be provided by the city during the work cycle Work by the volunteers shall commence only after all required traffic control and public advisory plan elements are in place and inspected by the city. Traffic control and public advisory plan elements shall be provided to the volunteer organization by the city. The city's traffic engineering division, which has jurisdiction over the project site, shall he notified at least forty -eight (48) workweek hours prior to the volunteer organization performing any work on the public right -of -way. g. 1Jse of motor - driven equipment shall be reviewed and approved by the city prior to planned use h. All work shall be contained within the off - street section of public right -of -way (a) between the back -of -curb and immediately adjacent private property line, (b) between the edge of travel shoulder and immediately adjacent property line if on an uncurbed street, and/or (c) within the center median area of a median divided roadway, between the immediately adjacent curbs or inside shoulders. Project identification signs will be provided and installed by the city, and will remain in place through the duration of the project adoption period. Trash sacks will be furnished by the city, and will be removed from the street section and transported to waste sites by the city. k . An adoption document shall be executed by the volunteer organization for each work site selected. The volunteer organization shall be responsible for furnishing adequate adult supervision for participants of a group who are sixteen (16) years of age or younger, at the ratio of one (1) adult per five (5) participants under the age of sixteen (16). (Ord. No. 2100'7, § 1, 10 -16 -1990) RESOLUTION DEDICATING CERTAIN PROPERTY OWNED BY THE CITY AND LOCATED AT WHITECAP BOULEVARD AS MARYANNE'S WAY, A PUBIJC PARK, A STRIP OF LAND MORE SPECIFICALLY DESCRIBED AND SHOWN IN THE ATTACHED METES AND BOUNDS DESCRIPTION AND SURVEY (EXHIBIT A). WHEREAS, the City of Corpus Christi owns certain property located at Whitecap Boulevard; and WHEREAS, the City is interested in dedicating a 0.116 Acres strip of land in memory of Maryanne Simonelli Perry BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City property at Whitecap Boulevard, a strip of land more specifically described and shown in the attached metes and bounds description and survey (Exhibit A), is hereby dedicated as a public park named Maryanne's Way. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Henry Garrett Mayor APPROVED AS TO LEGAL FORM: 24- May -07 Verorca Ocanas Assistant City Attorney for City Attorney 2 Corpus Christi, Texas -- — day of _ , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummel) Bill Kelly Priscilla G. Leal John E Marez Nelda Martinez Michael McCutchon EXHIBIT A MARYANNE'S WAY - FINAL PI -CC POINT TESORO - UNIT 5 STATE OF TEXAS COUNTY OF NUECES BEING a tract of laud containing 0.116 Acres (5,066.6 SQ.FT.) of land out of Lot 2, Block 2, Padre Island Corpus Christi, Point Tesoro Unit 5, as recorded in Volume 38, Pages 32 -33 of the Map Records of Nueces County, Texas. This 0.117 Acre tract being more particularly described by metes and bounds as follows: COMMENCING at the southeast corner of Lot 2, Block 2, Padre Island Corpus Christi, Point Tesoro Unit 5 as recorded in Volume 38, Pages 32 -33 of the Map Records of Nueces County, Texas; THENCE N88 °43'30 "W along the north right -of -way line of Whitecap Boulevard, a distance of 203.86' to The Point of Beginning of this easement, a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas ", being the southeast corner of this tract; THENCE N88 °43'30 "W continuing along the north right -of -way line of Whitecap Boulevard, a distance of 70.16' to a Set 5/8" Iron Rod with Plastic Cap stamped "City of Corpus Christi, Texas", being the southwest corner of this tract; THENCE N55 °00'46 "W through said Lot 2 a distance of 39.39' to a Set 5/8" Iron Rod with Pbstic Cap stamped "City of Corpus Christi, Texas "; THENCE N34 °59'57 "E continuing through said Lot 2 a distance of 58.48' to a Set Drill Hole on a non - tangent curve concave to the northeast having a chord of S67 °08'16 "E a distance of 75.77', being the northwest comer of this tract; THENCE along said carve having a radius of 651.62', a arc length of 75.81', and a central arwle of06 °39'58" to a Set Drill Hole on a concrete bulkhead, being the northeast corner of this tract; T IENGE S01 ° 16'30 "W through said Lot 2, a distance of 42.62' to the POINT AND PLACE OF BEGINNING and containing 0.116 Acres of land. Bearings are with reference to the north right -of -way of Whitecap Boulevard as shown on plat of Padre Island Corpus Christi Point Tesoro Unit 5, recorded in Volume 38, Pages 32 -33 of the Map Records of Nueces County, Texas. State of Texas County of Nueces I, Russell Ochs, a Registered Professional Land Surveyor, hereby certify that the foregoing field notes were prepared by me from a land survey made on the a ound under my direction. This the 27TH day of October, 2006. c D. 01 sell D. Ochs State of Texas License No. 5,241 EXHIBIT A L. Q - Z c)L. 3 L4 - LL_ T al � . ▪ J- C; u! CL <zZ cr (. 0 THE NORTH WITH REFERENCE TO SHOWN ON � N 0) 00 n (f) CD N (0 z r � ✓ � L,_0 0z 0 H Z 00 d 0 0 rz W., CO [ O • CL 4C7' o N a_ 0 f M „Or,91. LOS 11 C ! ys25. • 00 0) 00 60 0 60 120 ■ ■ ■ ■ ■ ■ ■ ■ ■■ Scale In Feet I O C7 r€) 0I-J- Z M Z s}- 1— Z co Z 5 Z CL m H W In 5 0 0 m ai w = z O Li W Li OO (8 o re Z ° a ff ° 0 L. ° W W i O c°> �0a0 O Ca RUSSELL D. OCHS R.P.L.S. TEXAS REGISTRATION NO. 5241 SHEET 1 OF OWNER: CITY OF CORPUS CHRISTI, TX zw u) 1 0 n X tri 1-13 J Z °j a. o Z OU O I • o _ C�dOUZ z W • N� <L ZOO N O m W = 0 Z ~ W liO-i Q O wz� - 0 O w 0UaDZI=- 1-00 0.116 ACRES a,= 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 5/29/07 AGENDA ITEM: Resolution approving amendment to the City investment policy to add Federal Agricultural Mortgage Corporation Obligations as authorized investments for City funds. ISSUE: In order to expand diversification of the City's investment portfolio, an additional agency investment is recommended. This investment requires approval by the governing body. Also, the Public Funds Investment Act requires the governing body to approve the City's investment policy annually. REQUIRED COUNCIL ACTION: The Public Funds Investment Act requires the governing body to formally adopt by resolution participation in local government investment pools as well as the City's Investment Policy. BACKGROUND INFORMATION: Under Texas Government Code. Chapter 2256, Subchapter A. Authorized Investments For Gove'nmel Entities, the state delineates the types of investments and the investment rules which must be followed by governmental entities. This chapter is often referred to at the Public Funds Investment Act. The City has established an Investment Committee which consists of the City Manager, Assistant City Managers. City Attorney, Director of Financial Servcies, and Director of Management and Budget. or their designees. The committee met on January 29, 2007 to review proposed amendments to the Investment Policy. The City's Investment Committee voted to submit these proposed amendments for approval by City Council. CONCLUSION AND RECOMMENDATION: City staff and the City's Investment Committee recommend approval of the resolution as presented. (€-r7 C1 1011 -,2 Cindy O'Brie Director of Financial Services Attallhment: Investment Policy Resolution 41.0•■••00%.•■ • 5 01 f 1II f1k1,1 I\ City of Corpus Christi Financial Services Department Investment Policy As of May 23, 2007 TABLE OF CONTENTS Page INTRODUCTION ..... 2 i PURPOSE . 2 III DEFINITIONS 3 INVESTMENT OBJECTIVES 4 AUTHORIZED INVESTMENTS AND MAXIMUM TERM 6 VI INVESTMENT MIX AND STRATEGIES 10 VII RESPONSIBILITY AND CONTROLS 11 VIlL COMPETITIVE SOLICITATION 13 IX AUTHORIZED INSTITUTIONS 13 X PLEDGED COLLATERAL 14 XI SAFEKEEPING , 15 XII WIRE AND ELECTRONIC SERVICES 15 XIII. INFORMATION REPORTING/EVALUATION 15 XIV BANKING SERVICES 17 XV GENERAL PROVISIONS 17 APPENDICES A. PUBLIC FUNDS INVESTMENT ACT 1-18 B. CITY'S CODE OF ETHICS ORDINANCE 1-8 1 INTRODUCTION The City of Corpus Christi shall invest all available monies in compliance with this Investment Policy as authorized by the Public Funds Investment Act. Effective cash management is recognized as essential to good fiscal management. An aggressive cash management program will be pursued to maximize interest earnings as a viable and material revenue source. The City's portfolio shall be designated and managed in a manner responsive to the public trust and consistent with local, state, and federal law. Investments shall be made with the primary objective of: • Preservation of capital and protection of principal; • Maintenance of sufficient liquidity to meet operating needs; • Security of city funds and investments; • Diversification of investments to minimize risk while maximizing interest earnings; and • Maximization of return on the portfolio. Earnings from investments will be used in a manner that will best serve the interests of the City of Corpus Christi. Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence, discretion and intelligence would exercise in the management of that person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived, II. PURPOSE A. Authorization This Investment Policy is authorized by the City Council in accordance with Chapter 2256, Subchapter A of the Government Code - The Public Funds Investment Act (see the attached and incorporated Appendix A). B. Scope This Investment Policy applies to activities of the City, excluding pension funds, with regard to investing the financial assets of Funds, including, but not limited to: General Fund Special Revenue Funds Enterprise Funds Internal Service Funds Special Purpose Funds (within the control of Investment Officers) Capital Improvement Funds (Bond Proceeds, Bond Reserves, Debt Service and Commercial Paper) In addition to this policy, the investment of Bond Funds, Debt Service, and Reserve Funds shall be managed by their governing ordinances and Federal Law, including the Tax Reform Act of 1986 and subsequent legislation. 2 Review and Amendment This Policy shall be reviewed annually by the City Council on or before December 31 of each calendar year subsequent to its adoption. Amendments must be authorized by the City Council. The City Council shall adopt a written instrument by ordinance or resolution stating that it has reviewed the Investment Policy. The written instrument so adopted shall record any changes made to the Investment Policy. III. DEFINITIONS Authorized City Representative - Officers authorized to transact as set out in the attached and incorporated Appendix A on behalf of the City (City Treasurer, Controller, Chief Accountant, and Director of Financial Services). Authorized Selling Group - Primary dealer and regional firms that have been selected by the underwriter to sell their securities. Each authorized member of a selling group will offer the issue at the price authorized by the governmental agency. Collateral - Securities pledged by an Institution to safeguard City assets; the City requires either U.S. Treasuries or U.S. Agencies Securities so that the market values can be readily determined at any point in time. Director of Financial Services - The Director of Financial Services is the Municipal Finance Officer responsible for City investments. Director of Financial Services Designee - Assistant Director of Financial Services, Controller or Chief Accountant Excess Cash Balances - Collected bank balances not needed to pay estimated check clearings. Failed Transaction - An Investment, which an Institution fails to deliver to the City's Third Party Safekeeping Institution. Institution - Any firm, bank, bank holding company, broker or dealer who provides quotes for either the purchase or sale of investments. Investment - All authorized Securities listed in Item V. Authorized investments and maximum term investments approved by the Investment Committee include U.S. Treasuries, U.S. Agencies, Repurchase Agreements, Local Govemment Investment Pool, Guaranteed Investment Contracts (with respect to bond proceeds), and Collateralized Certificates of Deposit Investment Officers City Treasurer and Investment Analyst. Investment Portfolio - All City monies being invested under authority of the Investment Officers. Qualified Representative - A person, who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: IA) For a business organization doing business that is regulated by or registered with 3 a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; (B) For a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized by corporate resolution to act on behalf of and bind the banking institution; or iC? For an investment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written instrument on behalf of the investment pool. (D) For an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer or principal of the investment management firm. Reserve Funds - Funds designated by Council for specific purposes, which have not been appropriated for spending Securities - Approved Investments designated by the Investment Committee to be held in the Investment Portfolio or acceptable to be pledged as Collateral to secure the monies of the City. Special Purpose Funds - Monies of non - profit corporations that Investment Officers are permitted to invest; includes such entities as the Corpus Christi Health Facilities Development Corporation, Coastal Bend Health Facilities Development Corporation, Corpus Christi Housing Finance Corporation, Corpus Christi Community Improvement Corporation, HOME Project, First Time Home Buyer, Corpus Christi Industrial Development Corporation, Corpus Christi Business and Job Development Corporation, North Padre Island Development Corporation, and Corpus Christi Crime Control and Prevention District. Third Party Safekeeping Institution - Any Institution not affiliated with Institution delivering the Investment. IV, INVESTMENT OBJECTIVES The following states the investment objectives of the City, in order of priority: A. Preservation and Safety of Principal Investments of the City shall be undertaken in a manner that seeks to ensure the preservation of capital in the overall Investment Portfolio. B. Liquidity The City's Investment Portfolio must be structured in a manner which maintains the liquidity necessary to pay obligations as they become due. Sufficient cash flows must be maintained by rapidly depositing monies and timing disbursements. Generally, Investments are matched to specific cash flow requirements such as payrolls, construction drawdown schedules, debt service 4 payments, and other payables. Liquidity is also achieved by investing in Investments with active secondary markets or in Local Government Pools with stable net asset values. It is imperative that the Investment Portfolio and Excess Cash Balances be protected with sufficient Collateral at a minimum of 102% of current market values so that monies are available as needed. C. Return on Investments The City's Investment Portfolio shall be designed with the objective of regularly exceeding the average yield of the following benchmarks in a manner consistent with the principles of this policy described in IV.A and B. Six -month average of Texpool, Texstar and Texas Daily However, it must be recognized that during a declining market, satisfying this objective may not be practical until Investments mature and can be re- invested, especially since preservation of capital is the first priority in the investment of monies pursuant to this Policy. For bond issues to which arbitrage restrictions apply, the primary objectives shall be to obtain satisfactory market yields and to minimize the costs associated with investing such monies. D. Diversification Diversification is required because of differing liquidity needs of the City and is employed as a way to control risk. Diversification minimizes the risk to the overall Investment Portfolio of potential losses on individual Securities and enhances the safety of the Investment Portfolio. Through the solicitation of competitive proposals, the City shall allocate and diversify its investments through various Institutions. The following types of Investments will be solicited from approved Institutions: 1. U.S. Treasuries 2. U.S. Government Agencies 3. Repurchase Agreements - through a Third Party Safekeeping Institution Agreernent, which includes an approved primary dealer doing business in Texas as required by the PFIA. 4. Public Funds Investments Pools - through participation agreements; and 5. Certificates of Deposit - through approved local banks. 6. Money Market Mutual Funds 7. Guaranteed Investment Contracts (for Bond Proceeds only) 8. Texas Term Investment Pool. The City recognizes that investment risks can result from default risk, credit volatility risk, and market price risks due to various technical and fundamental economic factors, and other complications, leading to temporary illiquidity. To control market price risks, volatile Investments shall be avoided. To control default risk, the only acceptable method of payment will be on a delivery versus 5 payment -basis for all transactions, except investment pool funds and repurchase agreements. Delivery versus Payment provides for payment to Institutions at the time the Investments are recorded in book entry form at the City's Third Party Safekeeping Institution, currently maintained at the Federal Reserve. For certificates of deposit, sufficient Collateral at 102% of current market values must be pledged to protect all City monies or monies under its control that exceed Federal Deposit Insurance Corporation (FDIC) coverage; the Collateral must be safe kept at a Third Party Safekeeping Institution not affiliated with the bank or bank holding company providing the certificate of deposit. V. AUTHORIZED INVESTMENTS AND MAXIMUM TERM The City of Corpus Christi is authorized to invest in: A. Authorized Investments Obligations of the United States or its agencies and instrumentalities, which currently include: 1. Short-term U.S. Treasuries: Maximum Term a U.S. Treasury Bills up to 365 days b U.S. Treasury Coupon Notes up to 3 years c U.S. Treasury Notes and Strips up to 3 years 2. U.S. Agencies: Maximum Term a. Federal Home Loan Bank up to 2 years b. Federal National Mortgage Association. up to 2 years ya. Federal Farm Credit up to 2 years d, Federal Home Loan Mortgage Corporation up to 2 years e. Student Loan Marketing Association. up to 2 years f, federeiNVOCIAthild ° 3 _., .a„ =' 62 y 1 Repurchase Agreements up to 365 days Repurchase agreements fully collateralized at 102% with a defined maturity date placed with a primary government dealer and safekept at a Third Party Safekeeping Institution, as provided under the provisions of the PSA (Public Securities Association) master repurchase agreement. An executed agreement between the City, primary government dealer and Third Party Safekeeping Institution will be on file before the City will enter into a tri -party repurchase agreement. Weekly monitoring by the City's Investment Officers of all Collateral underlying repurchase agreements is required. More frequent monitoring may be necessary during periods of market volatility. Reverse repurchase agreements are not a permitted Investment. 6 4. Local Government Investment Pool up to 1 year Investments made on behalf of the City by a public funds investment pool duly created to function as a money market mutual fund that marks its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio to market daily and, to the extent reasonably possible, which stabilizes its portfolio at a $1 net asset value. If the ratio of the market value of the Pool's portfolio divided by the book value of the portfolio is less than 99.50% or greater than 100.50 %, the Pool's portfolio holdings shall be sold as necessary to maintain the ratio between 99.50% anc 100.50 %. The maximum amount that may be invested in any one local government investment pool is the lesser of the following: (i) five (5) percent of the current invested balance of the local government investment pool, or (ii) $65,000,000. The maximum total amount that may be invested in all local government investment pools is twenty -five (25) percent of the Investment Portfolio. The Director of Financial Services or designee may allow for up to a two -day increase in maximum amounts upon notification to Investment Committee. The public funds investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Local Government Investment Pools may contain investment securities that are not directly authorized by this Policy, so long as (i) the rating standard hereinabove stated is satisfied, and (ii) the investment is permitted by Subchapter A of the Texas Public Funds Investment Act, Chapter 2256 of the Texas Govemment Code. 5. Collateralized Certificates of Deposit up to 1 year Certificates of deposit or other instruments issued by state and national banks domiciled in Texas that are: a. Guaranteed or insured by the Federal Deposit Insurance Corporation or its successor; or b. Secured by obligations that are described by Section V, Subdivision A.1 (a) through A.2 (e). Certificates of deposit must be fully collateralized at 102% of their market value. The City requires the bank to pledge U.S. Treasuries or U.S. Agencies as collateral. (Collateral Mortgage Obligations will not be eligible as Collateral -see X.C.). The Investment Officers will monitor adequacy of collateralization on a weekly basis. 6. Money Market Mutual Fund A no -load money market mutual fund (no service charge) is an authorized investment if: a. the money market mutual fund is registered with and regulated by the Securities and Exchange Commission b. the money market mutual fund provides the City with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the investment Company Act of 1940 (15 U.S.C. Section 80a -1 et seq.), c. the money market mutual fund has a dollar weighted average stated maturity of 90 days or fewer; and d. the money market mutual fund includes in its investment objectives the maintenance of a stable net asset value of $1 For each share e. the assets of the money market mutual fund are invested in those investments authorized under this Investment Policy. 7, Guaranteed Investment Contracts up to 3 years Guaranteed investment contracts offer to pay a specific interest rate over a period of time, and can be structured to reflect an anticipated draw down schedule for capital improvements funded with bond proceeds. The collateral and monitoring requirements applicable to repurchase agreements shall apply to guaranteed investment contracts. A guaranteed investment contract may be utilized only in connection with the investment of bond proceeds. The maximum term of a guaranteed investment contract shall not exceed the anticipated construction period for the capital improvement, the construction of which is to be funded with Bond Proceeds. B. Weighted Average Maturity In order to minimize risk of Toss to the Investment Portfolio due to interest rate fluctuations, Investment maturities will not exceed the anticipated cash flow requirements of the Funds. Maturity guidelines by Fund are as follows: The maximum term for any Investment other than Reserve Funds is three years. The weighted averaged days to maturity shall be less than 365 days for Investments, other than Reserve Funds. 1. Operating Funds The weighted average days to maturity of Investments, other than Reserve Funds, shall be 365 days or Tess. The Investment Officers will monitor the maturity level and make changes as appropriate. 2. Capital Improvement Funds (Bond Proceeds, Bond Reserves, Debt Service and Commercial Paper) 8 The Investment maturity of that portion of the City Portfolio that represents Capital Improvement Funds (bond proceeds, reserve funds, debt service and Commercial Paper) shall be determined considering: a. The anticipated cash flow requirements of the Capital Improvement Funds; and The 'temporary period" as defined by Federal income tax law during which time bond proceeds may be invested at an unrestricted yield. After the expiration of the temporary period, bond proceeds subject to yield restriction shall be invested considering the anticipated cash flow requirements of the Capital Improvement Funds. Before an Investment can be made of bond proceeds from all bond issues affected by the tax - exempt bond provisions of the Internal Revenue Code of 1986, as amended (the "IRC "), a careful yield analysis must be performed to comply with the IRC. Also, an annual rebate calculation must be performed to determine if the City is required to rebate interest at the end of each respective bond issue's five -year term. Beginning on the anniversary of the third year for the respective bond issues, all bond proceeds will be yield restricted as required by the IRC. Reserve Funds: Established by Operative Bond Funds or by the City Council. The following Reserve Funds may be invested up to five years in U.S. Treasuries or Agencies: Maximum Choke Canyon Fund 4050 $10,000,000 City monies governed by this Policy may not be invested in other investments permitted by law unless (i) such investments are specifically authorized for the investment of these monies by an ordinance adopted by the City Council issuing bonds or other debt obligations or (ii) this Policy is amended to permit such investment. C. Methods to Monitor Investment Market Price The City monitors the market price of investments by obtaining this information from the Bloomberg system which is made available through the City's authorized institutional brokers. The City may also obtain market price information from other nationally recognized sources of financial information such as the Wall Street Journal. 9 VI. INVESTMENT MIX AND STRATEGIES A. Investment Mix A minimum of 15% of the total Investment Portfolio shall be held in Investments with maturity dates of 90 days or less for liquidity. U.S. Treasuries /Agencies may be purchased for longer -term maturities (greater than one year) but shall not exceed 40% of the total Investment Portfolio to preserve liquidity. Daily Investment reports shall specifically address whether stated Investment mix requirements are being met. Unless approved by the Investment Advisory Committee. the target percentages specified shall not be exceeded for temporary periods greater than thirty (30) days without the Investment Officers taking corrective action B. Strategies Investment strategies for Operating Funds and Capital Improvement Funds have as their primary objective the assurance that anticipated cash flows are matched with adequate investment liquidity. The secondary objective is to create an Investment Portfolio structure, which will experience minimal volatility during economic cycles. To accomplish this strategy, the City will purchase high quality, short-to- medium -term investments which will compliment each other. To pay for anticipated disbursements, investments will be laddered to correspond with the projected cash needs of the City. Some Investments are acquired on the short end of the yield curve (90 days or less) to meet immediate cash needs. A few Investments are purchased on the intermediate part of the yield curve (1 -3 years) to lock in higher interest rates when rates are projected to decline due to the economic cycle of the economy. The dollar weighted average investment maturity of 365 days or less will be calculated using the stated final maturity dates of each investment Investment strategies for debt service funds shall have as the primary objective the assurance of investment liquidity adequate to cover the debt service obligations on the required payment date. Investments purchased shall not have a stated final maturity date that exceeds the debt service payment date. Investment strategies for debt service reserve funds shall have as the primary objective the ability to generate a dependable revenue stream to the appropriate debt service fund from investments with a low degree of volatility. In accordance with the bond ordinance specific to an individual bond issue, which sets out the maximum investment term, Investments should be of high quality, with short-to- intermediate -term maturities. Investment strategies for Special Purpose Funds will have as their primary objective the assurance that anticipated cash flows are matched with adequate Investment liquidity These investment portfolios shall include highly liquid investments to allow for flexibility and unanticipated project outlays. The stated final maturity dates of Investments held shall not exceed the estimated project completion date. 10 C. Achieving Investment Return Objectives Investment selection shall be based on legality, appropriateness, liquidity, and risk/return considerations. Monies designated for immediate expenditure should be passively invested. Passive investment provides for: 1. Liquidity to pay upcoming disbursements (payroll, debt service, payments, payables, etc.) 2. Maximizing investment terms under the current budget; and 3. Structuring the Investment Portfolio on a "laddered" basis. The remaining portion of the Investment Portfolio may be invested actively and the reasons for doing so are: Active investment provides for: a. The ability to improve yields in the Investment Portfolio by riding the yield curve during business cycle recovery and expansion periods. Interest rates on longer maturities typically exceed those on shorter maturities. Therefore, longer maturities (that can be held to maturity, if necessary) are purchased in anticipation of selling later at the same or lower interest rate improving the total return during the holding period. b. The ability to improve market sector diversification by swapping out of one investment into another for a better total retum, to realign for disbursement projections, or to extend or shorten maturity depending on economic forecasts. The City Manager, or his designee, is required to approve any investment that must be sold at a loss. All gains and losses will be reported to the City Council and Investment Committee no less frequently than on a quarterly basis. VII. RESPONSIBILITY AND CONTROLS A. Authority to Invest The authority to invest City funds and the execution of any documentation necessary to evidence the investment of City funds is granted to the City Treasurer. The City Treasurer and the Investment Analyst are the designated Investment Officers responsible for the daily operation of the investment program The City Council may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or with the State Securities Board to provide for the investment and management of public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution. 11 B. Establishment of Internal Controls The City Treasurer will establish a system of internal controls over the Investment activities of the City and document such controls in the Investment Procedures Manual, These internal controls shall be approved by the Director of Financial Services. C. Prudent Investment Management Investments shall be made with the same judgment and care, under prevailing circumstances, that a person of prudence, discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Prudent investment is to be judged by the Investment Portfolio as a whole. not on individual Investments. If liquidation is necessary due to a pool losing its AAA rating or for other reasons, liquidation will be done in a prudent manner consistent with the investment objectives of this policy and as provided in 2256.021 of the Government Code. Investment of monies shall be governed by the following investment objectives in order of priority: 1. preservation and safety of principal; 2. liquidity; and 3. yield. The designated Investment Officers shall perform their duties in accordance with the adopted Investment Policy and Procedures set forth in the Investment Procedures Manual. Investment Officers acting in good faith and in accordance with these policies and procedures shall be relieved of personal liability. The Investment Committee and Officers are indemnified as provided by City Ordinance attached and incorporated as Appendix C. D. Standards of Ethics The Investment Committee and City Treasurer will comply with the City's Code of Ethics Ordinance attached and incorporated as Appendix B which requires disclosure of financial interests by April of each year. The designated Investment Officers and all members of the Investment Committee shall adhere to the City's Ethics Ordinance. To the extent required by section 2256.005(1) of the Government Code, the Investment Committee and City Treasurer shall make such filings as required by law. 12 E. Training and Education Recognizing that the training and education of Investment Officers contributes to efficient and effective investment management, the City requires its Investment Officers to obtain appropriate professional training. Such training is currently required by, and shall be obtained in accordance with Section 2256.008 of the Government Code Public Funds Investment Act. The Investment Committee approves investment- training seminars presented by the following organizations: Government Finance Officers Association Government Finance Officers Association of Texas Government Treasurers Organization of Texas Municipal Treasurers Association Texas Municipal League UNT Center for Public Management If the Investment Officer desires to attend an investment - training seminar presented by another organization for training credit, such seminar must be approved by the Director of Financial Services or his designee. VIII, COMPETITIVE SOLICITATION Except for repurchase agreements, guaranteed investment contracts, and public funds investment pools, any new issue investment will be purchased through an Authorized Selling Group or directly through the issuer. For any Investment purchased or sold through the secondary market, the City will obtain at least three proposals from Authorized Institutions. Any Institution authorized to participate in the City's investment program must meet Collateral pledge requirements outlined in Section IV.D. of these guidelines and must submit annual financial reports. IX. AUTHORIZED INSTITUTIONS All institutions who seek to sell an authorized Investment to the City are required to complete the questionnaire approved by the Investment Committee and furnish supporting documentation required by the Investment Committee. Securities shall only be purchased through those Institutions approved by the Investment Committee. Investments shall only be made with those Institutions who have executed a written instrument in a form acceptable to the City, executed by a Qualified Representative of the Institution, and substantially to the effect that the Institution has Received, thoroughly reviewed and acknowledged, in writing, receipt and understanding of the City's Investment Policy, and; Acknowledged that the Institution has implemented reasonable procedures and controls in an effort to preclude investment transactions conducted between the Institution and the City that are not authorized by the City's Investment Policy. 13 Investments shall only be made with those Institutions who have met the qualifications and standards established by the City's Investment Committee and set forth in the Investment Procedures Manual. The Investment Committee shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in investment transactions with the City. The City Treasurer will request the Investment Committee to authorize deletion of Institutions for: 1 Slow response time; 2. Less than competitive pricing; 3. Little or no information on technical or fundamental expectations based on economic indicators; 4. Failed transactions or continuing operational difficulties; or 5. Unwillingness to continue to abide by the provisions listed in IX.A.; or 6. Other reasons as approved by the Investment Committee. X PLEDGED COLLATERAL The market value of pledged Collateral must be at least 102% of the principal plus accrued interest for Excess Cash Balances, certificates of deposit, guaranteed investment contracts, and repurchase agreements. Evidence of proper collateralization in the form of original safekeeping receipts held at a Third Party Safekeeping Institution not affiliated with the Institution pledging the Collateral will be approved by the City Treasurer and will be maintained in the City's Treasurer Office. An authorized City Representative (See Appendix A) will approve and release all pledged collateral. A. Collateral Substitution Collateralized Investments and certificates of deposit often require substitution of Collateral. Any Institution must contact the Investment Officers for approval and settlement. The substituted collateral's value will be calculated and substitution approved if its value is equal to or greater than the required collateral value. Substitution is allowable for all transactions, but should be limited, to minimize the City's potential administrative problems. B. Collateral Reductions Should the collateral's market value exceed the required amount, any Institution may request approval from the Investment Officer to reduce collateral. Collateral reductions may be permitted only if the City's records indicate that the collateral's market value exceeds the required amount. C. Prohibited Securities Investment securities described in Section 2256.009(b), Government Code, shall not be eligible for use as collateral of City monies governed by this Policy. 14 XI. SAFEKEEPING A. Third Party Safekeeping Agreement The City shall contract with a Bank or Banks for the safekeeping of Securities either owned by the City as a part of its Investment Portfolio or held by the City or a Third Party Safekeeping Institution as Collateral to secure certificates of deposit, repurchase agreements, guaranteed investment contracts or Excess Cash Balances B. Safekeeping of Certificate of Deposit Collateral All Collateral securing bank and savings and loan deposits must be held by a Third Party Safekeeping Institution approved by the City, or Collateral may be held at the Federal Reserve Bank. C. Safekeeping of Repurchase Agreement Collateral Repurchase Agreement Collateral is restricted to U.S. Treasuries and must be delivered to a Third -Party Safekeeping Institution with which the City has (subject to the limitation described in Section X.C. above) established a third -party safekeeping agreement D. Guaranteed Investment Agreement Collateral Guaranteed investment contract collateral is restricted to U.S. Treasuries and Agencies (subject to the limitation described in Section X.C. above) and must be delivered to a Third -Party Safekeeping Institution with which a third -party safekeeping agreement has been established pursuant to the terms of the guaranteed investment contract. XII. WIRE AND ELECTRONIC SERVICES Wire and electronic services are to be provided as referenced in the City's Depository Services agreement, portions of which are attached and incorporated as Appendix D. The City requests applications for depository services every three to five years. XII1. INFORMATION REPORTING /EVALUATION The City Treasurer and Investment Analyst are hereby designated as the Investment Officers and are responsible for the daily operation of the Investment program and will report to the Investment Committee on a quarterly basis. A. Investment Committee consists of: City Manager Assistant City Managers Director of Financial Services or if vacant, Assistant Director of Financial Services City Attorney Director of Management and Budget or if vacant, Assistant Director of Management and Budget 15 The Investment Committee will be responsible for monitoring, reviewing, and making recommendations regarding the City's Investment program to the City Council. Reports will be provided to the City Council by the Investment Officers no less than quarterly, as required by the Public Funds Investment Act. B. Internal Reporting /Evaluation The following reports are to be submitted on a: 1 Weekly basis to the Director of Financial Services or Designee (Excluding Investment Officers): a. Cash Position by Bank Account b. Collateral Position Investment Portfolio (Including Purchases /Maturities) 2. Quarterly Reporting to Investment Committee and City Council. Executive Summary Schedules a. Combined Investment Portfolio Report of Market versus Book Values b. Combined Portfolio Composition c. Individual Portfolio Composition d. Cash and Equivalents, U.S Treasuries and Investments Greater than One Year e. Combined Summary of Investment Transactions f Combined Investment Portfolio - Weighted Average Maturity g. Investment Revenue h. Aggregate Activity per Broker and Analysis of Excess Collateral Coverage Comparison of Investment Returns to Benchmarks Investment Portfolio Report of Market versus Book Values and Weighted Average Maturity — Lake Texana Project k. Bond Funds by Issue Approved Institutional Brokers m. Economic and Interest Rate Forecast n. Glossary o. Compliance Statement p. Quarterly Investment Committee Meeting Minutes from Previous Meeting 16 External Reporting /Evaluations On a quarterly basis, the City's main depository and all applicable Institutions providing certificates of deposit in excess of FDIC coverage will provide to the Investment Officer for review a copy of the balance sheet and income statement for the Call Report. All Institutions will provide annual audited financial statements. Any local government investment pools must provide reports and disclosure statements as required by the Public Funds Investment Act. Record Retention The City follows the guidelines of retaining records for five years from City's current fiscal year, as recommended in the Texas State Library Municipal Records Manual or may be authorized by the City's local records management guidelines XIV, BANKING SERVICES All depository services are provided in the City's main depository agreement. Other services such as credit cards, direct deposit of payroll or other services may be administered through separate agreements. To aggressively invest Excess Cash Balances, controlled disbursements accounts, zero balance accounts and other cash management tools may be employed. XV. GENERAL PROVISIONS A. Audits and Inspections. During regular business hours and as often as the Investment Officers deem necessary, the Institution providing certificates of deposit will make available for examination by the City Manager, his duly authorized agent, accountant, or legal representative, such records and data to assure the pledge of Collateral, availability of Collateral, and financial stability of the institution. B. Compliance with Laws. Each Institution agrees to comply with all federal, state, and local laws, rules, regulations, and ordinances. The personnel or officers of such Institution shall be fully qualified and authorized under federal, state, and local law to perform the services set out under this Policy. Each Institution shall permit the Investment Officers to audit, examine, and make excerpts or transcripts from such records and to make audits of all contract, invoices, materials, and other data relating to applicable Investments. C. Performance Audits. The City's Annual External Financial Audit shall include a compliance audit of management controls on Investments and adherence to this Policy. If the City invests in other than money market mutual funds, investment pools or accounts offered by its depository in the form of certificates of deposit or money market accounts, the quarterly reports prepared by Investment Officers for the City Council must be formally reviewed at least annually by an independent auditor. The results of the review must be reported to the City Council by that auditor. Investment Policy Resolution. The resolution authorizing this Investment Policy is attached. 17 ATTACHMENT - A TEXAS PUBLIC FUNDS INVESTMENT ACT TEXAS GOVERNMENT CODE, CHAPTER 2256. SUBCHAPTER A. AUTHORIZED Ih VESTMENTS FOR GOVERNMENTAL ENTITIES 1t c. 2...-5>c).001. Short Tit:, This chapter may be cited as the Public Funds Investment Act. Amended by Acts 1995, 74tF Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. C. 2256.002. i +e tin iti oil . In this chapter: "Bond proceeds" means the proceeds from the sale of bonds, notes, and other obligations issued by an entity, and reserves and funds maintained by an entity for debt service purposes. ;2) "Book value" means the original acquisition cost of an investment plus or minus the accrued amortization or accretion. "Funds" means public funds in the custody of a state agency or local government that: A) are not required by law to be deposited in the state treasury; and B) the investing entity has authority to invest. "Institution of higher education" has the meaning assigned by Section 61.003, Education Code. "investing entity" and "entity" mean an entity subject to this chapter and described by Section 2256.00 "Investment poo " means an entity created under this code to invest public funds jointly on behalf of the entaies that participate in the pool and whose investment objectives in order of priority are: A) preservation and safety of principal; B) liquidity; and C) yield_ "Local government" means a municipality, a county, a school district, a district or authority created under Section 52(6)(1) or (2), Article II1, or Section 59, Article XVI, Texas Const;tution, a fresh water supply district, a hospital district, and any political subdivision, authority, public corporation, body politic, or instrumentality of the State of Texas, and any nonprofit corporation acting on behalf of any of those entities. i:n "Market value" means the current face or par value of an investment multiplied by the net selling price of the security as quoted by a recognized market pricing source quoted on the valuat;on date, Sour/: www. eppitol .stace.tx.us /statutes/ay.ax.htm, March ti, 2005 T PUBLIC "Pre NASDISPC 7620 ('uadaiut • Austin, Texas 78752.800- 558.8875 • www.firstpublic.com 1 9) 'Pooled fund group" means an internally created fund of an investing entity in which one or more institutional accounts of the investing entity are invested. (10) "Qualified representative" means a person who holds a position with a business organization, who is authorized to act on behalf of the business organization, and who is one of the following: A) for a business organization doing business that is regulated by or registered with a securities commission, a person who is registered under the rules of the National Association of Securities Dealers; B) for a state or federal bank, a savings bank, or a state or federal credit union, a member of the loan committee for the bank or branch of the bank or a person authorized b‘ corporate resolution to act on behalf of and bind the banking Institut ion; ._2) for an nvestment pool, the person authorized by the elected official or board with authority to administer the activities of the investment pool to sign the written, Instrument on behalf of the investment pool; or !: )) for an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or, if not subject to registration under that Act, registered with the State Securities Board, a person who is an officer •r principal of the investment management firm. 111 "Schoci district" neans a public school district. (12) "Separately invested asset" means an account or fund of a state agency or local government that is not invested in a pooled fund group. (13) "State agency" means an office, department, commission, board, or other agency that is part of any branch of state government, an institution of higher education, and any nonprofit corporation acting on behalf of any of those entities. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 1, eff. Sept. 1, 1999. .2'x(,.003. Authoritn n Invest F :Inds: Entities Subject to This Chapter. (a) Each governing body of the following entities may purchase, sell, and invest its funds and funds under its control in investments authorized under this subchapter in compliance with investment policies approved by the governing body and according to the standard of care prescribed by Section 2256.006: (1) a local government; (2) a state agency; (3) a nonprofit corporation acting on behalf of a local government or a state agency; or (4) an investment pool acting on behalf of two or more local governments, state agencies, or a combination of those entities. (b) In the exercise of its powers under Subsection (a), the governing body of an investing entity may contract with an investment management firm registered under the Investment Advisers Act of 1940 (15 U.S.C. Section 80b -1 et seq.) or with the State Securities Board to provide for the investment and management of its public funds or other funds under its control. A contract made Mee vA5DISIPFI 7620 G:,adalupe • Austin, Texas 78752.800.558 -8875 • www.firstpublic.com 2 under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the governing body of the investing entity by order, ordinance .. r resolution. This chapter does hot prohibit an investing entity or investment officer from using the entity's employees or the services of ., contractor of the entity to aid the investment officer in the execution of the officer's dunes under this chapter. Ainended by Acts 1995. 74th Leg., ch. 402, Sec. 1, eff. Sept. 1. 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 2, eff. Sept, < 1999. 5t .004. .�pp.hcabil;r.. a) This subchapter does not apply to. 1) a public retirement system as defined by Section 802.001; k 2) state funds invested as authorized by Section 404.024; 3) an institution of higher education having total endowments of at least $95 million in book value on May 1, 1995; 4) funds invested by the Veterans' Land Board as authorized by Chapter 161, 162, or 164, Natural Resources Code; 5) registry funds deposited with the county or district clerk under Chapter 117, Local Government Code; or i6) a deferred compensation plan that qualifies under either Section 401(k) or 457 of the Internal Revenue Code of 1986 (26 U.S.C. Section 1 et seq.), as amended. b This subchapter does not apply to an investment donated to an investing entity for a particular purpose or under terms of use specified by the donor. Amended by Acts 1995, 74th Leg., ch. 402, Sec, 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 505, Sec. 24, eff. Sept. 1.. 1997; Acts 1997, 75th Leg., ch 1421 Sec. 2, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 62, Sec. 8.21, eff. Sept. 1, 1999; Acts 1999. 76th Leg. ch. 1454, Sec. 3, eff. Sept. 1, 1999. 56.005. in, e.tnrer:: Policies; in.e,itnent Strategies; Investment Officer. a) The governing body of an investing entity shall adopt by rule, order, ordinance, or resolution, as appropriate. a written investment policy regarding the investment of its funds and funds under its control. kb! The investment policies mus' (1,,' be written; (2'. primarily emphasize safety of principal and liquidity; (3' address investment diversification, yield, and maturity and the quality and capability of investment management; and (4 ' include: A) a list 4 the Types of authorized investments in which the investing entity's funds may be invested; B) the maximum allowable stated maturity of any individual investment owned by the entity; C) for pooled fund groups, the maximum dollar- weighted average maturity allowed based on the stated maturity date for the portfolio; D) methods to monitor the market price of investments acquired with public funds; and FI T P!JBLIC memo,- NAsp,,,,C 7620 ;.iadalupe • Austin, Texas 78752.800- 558.8875 • www.firstpublic.com 3 E) a regwrement for settlement of all transactions, except investment pool funds and mutual funds, on a delivery versus payment basis. The investment po?icies may provide that bids for certificates of deposit be solicited: 1 } orally; (2) in writing; (3) electronically; of 4) °n anv n of those methods. d) As an integral parr of an investment policy, the governing body shall adopt a separate written investment strategy for each of the funds or group of funds under its control. Each investment strategy must describe the :nvestmens objectives for the particular fund using the following priorities in order of importance i 1) understanding of the suitability of the investment to the financial requirements of the entity; ( 2) preservation and safety of principal; (3) liquidity; (4) marketability of the investment if the need arises to liquidate the investment before maturity; (5) diversification of the investment portfolio; and (6) yield. The governing body of an investing entity shall review its investment policy and investment strategies not less than annually. The governing body shall adopt a written instrument by rule, order, ordinance, or resolution stating that it has reviewed the investment policy and investment strategies and that the written instrument so adopted shall record any changes made to either the investment policy or investment strategies. t) Each investing entity shall designate, by rule, order, ordinance, or resolution, as appropriate, one or more officers or employees of the state agency, local government, or investment pool as investment officer to be responsible for the investment of its funds consistent with the investment policy adopted by the entity. If the governing body of an investing entity has contracted with another investing entity to invest its funds, the investment officer of the other investing entity is considered to be the investment officer of the first investing entity for purposes of this chapter. Authority granted to a person to invest an entity's funds is effective until rescinded by the investing entity, until the expiration of the officer's term or the termination of the person's employment by the investing entity, or if an investment management firm, until the expiration of the contract with the investing entity. In the administration of the duties of an Investment officer, the person designated as investment officer shall exercise the judgment and care. under prevailing circumstances, that a prudent person would exercise in the management of the person's own affairs, but the governing body of the investing entity retains ultimate responsibility as fiduciaries of the assets of the entity. Unless authorized by law, a person may not deposit. withdraw, ransfer, ot manage in any other manner the funds of the investing entity. ig) Subsection (f) doer not apply to a state agency, local government, or investment pool for which an officer of the entity is assigned by law the function of investing its funds. Text of subset. (h) as amended by. Acts 1997, 75th Leg., ch. 685, Sec. 1 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be an investment officer for the commission under Subsection (0 if the officer or employee is an investment officer designated under Subsection (f) for another local government. Text of subset. (h) as amended by Acts 1997, 75th Leg., ch. 1421, Sec. 3 (h) An officer or employee of a commission created under Chapter 391, Local Government Code, is ineligible to be designated as an investment officer under Subsection (f) for any investing entity other than for that commission. C Me�De, VASD/SIP 7620 Guadalupe • Austin, Texas 78752 • 800 -558 -8875 • www.firstpublic.com 4 An Investment officer of an entity who has a personal business relationship with a business organization offering to engage in an investment transaction with the entity shall file a statement disclosing that personal business ,nterest. An investment officer who is related within the second degree by affinity or consanguinity, as determined under Chapter 573, to an individual seeking to sell an investment to the investment officer's entity shall file a statement disclosing that relationship. A statement required under this subsection must he filed with the Texas Ethics Commission and the governing body of the entity. For purposes of this subsection, an investment officer has a personal business relationship with a business organizaton if: ( 1 the investment officer owns 10 percent or more of the voting stock or shares of the business organization or wns $5,000 or more of the fair market value of the business organization; funds 'eceived b; the investment officer from the business organization exceed 10 percent of the investment officer's gross income for the previous year; or (3 the investment officer has acquired from the business organization during the previous year investments with a book value of $2,500 or more for the personal account of the investment office: The governing body of an investing entity may specify in its investment policy that any investment authorized by this chapter is not suitable. k A written copy of the investment policy shall be presented to any person offering to engage in an investment transaction with an investing entity or to an investment management firm under contract with an investing entity to invest :-)r manage the entity's investment portfolio. For purposes of this subsection, a business organization Includes investment pools and an investment management firm under contract with an investing entity to invest or manage the entity's investment portfolio. Nothing in this subsection relieves the investing entity of the responsibility for monitoring the investments made by the investing entity to determine that they are in compliance with the investment policy. The qualified representative of the business organization offering to engage in an investment transaction with an investing entity shall execute a written instrument in a form acceptable to the investing entity and the business t,rganization substantially to the effect that the business organization has: i 1 received and reviewed the investment policy of the entity; and 2 ? acknowledged that the business organization has Implemented reasonable procedures and contrt is in an effort to preclude investment transactions conducted between the entity and the organization that are not authorized by the entity's investment policy, except to the extent that this authorization is dependent on an analysis of the makeup of the entity's entire portfolio or requires an interpretation of subjective investment standards. i The investment officer of ail entity may not acquire or otherwise obtain any authorized investment described in the Investment policy, of the investing entity from a person who has not delivered to the entity the instrument required by Subsection k). tm) An investing entity other than a state agency, in conjunction with its annual financial audit, shall perform a compliance audit of management controls on investments and adherence to the entity's established investment policies. n) Except as provided by Subsection (o), at least once every two years a state agency shall arrange for a compliance audit of management controls on investments and adherence to the agency's established investment policies. The compliance audit shall be performed by the agency's internal auditor or by a FIRST PUBLIC Me roe' NASC,S PC 7620 !uadalupe • Austin. Texas 78752.800- 558 -8875 • www.firstpublic.com 5 private auditor employed in the manner provided by Section 321.020. Not later than January 1 of each even - numbered year a state agency shall report the results of the most recent audit performed under this subsection to the state auditor. Subject to a risk assessment and to the legislative audit committee's approval of including a review by the state auditor in the audit plan under Section 321.013, the state auditor may review information provided under this section. If review by the state auditor is approved by the legislative audit committee. the state auditor may, based on its review, require a state agency to also report to the state auditor other information the state auditor determines necessary to assess compliance with laws and policies applicable to state agency investments. A report under this subsection shall he prepared in a manner the state auditor prescribes. o` The audit requirements of Subsection (n) do not apply to assets of a state agency that are invested by the comptroller under Section 404.024. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 685, Sec. 1, eff. Sept. 1. 1997; Acts 1997, 75th Leg., ch 1421, Sec. 3, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec. 4, eff. Sept. 1, 1999: Acts 2003. 78th Leg. ch. 785. Sec. 41, eff. Sept. 1, 2003. !z.00ery. Standard .r Care. (a, Investments shall be made with judgment and care, under prevailing circumstances, that a person of prudence: discretion, and intelligence would exercise in the management of the person's own affairs, not for speculation, but for investment, considering the probable safety of capital and the probable income to be derived. Investment of funds shall be governed by the following investment objectives, in order of priority: (1' preservation and safety of principal; (2) liquidity; and (3? yield ;.b In determining whether an investment officer has exercised prudence with respect to an investment decision, the determination shall be made taking into consideration: (1' the investment of all funds, or funds under the entity's control, over which the officer had responsibility rather than a consideration as to the prudence of a single investment; and (2' whether the investment decision was consistent with the written investment policy of the entity Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. .1.15t).007. In' estment Training; State Agency. Board Members and Officers. ,. a ) Each member of the governing board of a state agency and its investment officer shall attend at least one training session relating to the person's responsibilities under this chapter within six months after taking office or assuming duties. b' The Texas Higher Education Coordinating Board shall provide the training under this section. c? Training under this section must include education in investment controls, security risks, strategy risks, market risks, diversification of investment portfolio, and compliance with this chapter. d' An investment officer shall attend a training session not less than once in a two -year period and may receive training from any independent source approved by the governing body of the state agency. The investment officer shall prepare a report on this subchapter and deliver the report to the governing FIRST PUBLIC NASD/CI 7620 (niadalupr • Austin, Texas 78752.800. 558.8875 • www.firstpublie.com 6 body of the state agency not later than the 180th day after the last day of each regular session of the legislature Amended by Acts 1995, 74th Leg.. ch 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 73, Sec. 1, eff. May 9. 1997; Acts 1997, 75th Leg.. ch. 1421 Sec. 4, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 1454, Sec.5, eff. Sept. ` 1999. 225h.008. in,esniienS Trairrng : :uril C;overnments. (a ) Except as provided by Subsections (b) and (e), the treasurer, the chief financial officer if the treasurer is not the chief financial officer, and the investment officer of a local government shall: 1) attend at least one training session from an independent source approved by the governing body of the local government or a designated investment committee advising the investment - oficer as provided for in the investment policy of the Local government and containing at least 10 hours of instruction relating to the treasurer's or officer's responsibilities under this subchapter within 12 months after taking office or assuming duties; and except as provided by Subsections (h) and (e), attend an investment training session not Tess than once in a two -year period and receive not less than 10 hours of instruction relating to investment responsibilities under this subchapter from an independent source approved by the governing body of the local government or a designated investment :ommittee advising the investment officer as provided for in the investment policy of the local government An investing entity created under authority of Section 52(b), Article III, or Section 59, Article XVI, Texas Constitution, that has contracted with an investment management firm under Section 2256.003(b) and has fewer than five full -rime employees or an investing entity that has contracted with another investing entity tc invest the entity's funds may satisfy the training requirement provided by Subsection (a)(2) by having an officer of the governing body attend four hours of appropriate instruction in a two - year period. The rreasurer or chief financial officer of an investing entity created under authority of Section 52(b), Article 1I1, or Section 59, Article XVI, Texas Constitution, and that has fewer than five full -time employees is not required to attend training required by this section unless the person is also the investment officer of the entity C1 Training under this section must include education m investment controls, security risks, strategy risks, market risks, diversification ,4f investment portfolio, and compliance with this chapter. d) Not later than December 31 each year, each individual, association, business, organization, governmental entity, or other person that provides training under this section shall report to the comptroller a list of the governmental entities for which the person provided required training under this section during that calendar year. An individual's reporting requirements under this subsection are satisfied by a report of the individual's employer or the sponsoring or organizing entity of a training program of seminar. e) This section does not apply a district governed by Chapter 36 or 49, Water Code. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 5, eff. Sept. 1 1997; Acts 1999, 76th Leg., ch 1454, Sec. 6, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch. 69, Sec. 4, eff. May 14, 2001, FIRZ'I' PUBLIC Memoe, NASD/S' 7620 (uadalupt • ,Austin, Texas 78752.800.558 -8875 • www.firstpublic.com 7 2 16.009. Authori:eu :nvestment,: t,117iigations ui, or Guaranteed br Governmental Entities. r) Except as provided by Subsection (b) the following are authorized investments under this subchapter: (1 ) obligations, including letters of credit, of the United States or its agencies and instrumentalities: (2 i direct obligations 4 this state or its agencies and instrumentalities; (3 collateralized mortgage obligations directly issued by a federal agency or instrumentality of the United Stares, the underlying security for which is guaranteed by an agency or instrumentality of the United States; (4) other obligations, the principal and interest of which are unconditionally guaranteed or insured by, or backed by the full faith and credit of, this state or the United States or their respective agencies and instrumentalities; (5) obligations of states, agencies, counties, cities, and other political subdivisions of any state rated as to investment quality by a nationally recognized investment rating firm not less than A or its equivalent; and (6) bonds issued, assumed, or guaranteed by the State of Israel. (b) The following are not authorized investments under this section: (1) obligations whose payment represents the coupon payments on the outstanding principal balance of the underlying mortgage- backed security collateral and pays no principal; (2) obligations whose payment represents the principal stream of cash flow from the underlying mortgage - backed security collateral and bears no interest; (3) collateralized mortgage obligations that have a stated final maturity date of greater than 10 years; and (4) collateralized mortgage obligations the interest rate of which is determined by an index that adjusts opposite tc the changes in a market index. Amended by Acts 1995, 74th Leg., ch. 402, Sec 1, eff. Sept. 1, 1995; Acts 1999, 76th Leg., ch. 1454, Sec. 7, eff. Sept. 1, 1999; Acts 2001, 77th Leg., ch, 158, Sec. 1, eff. Sept. 1. 2001. t.- 22 6.010. Authorized Investments: Cer :ificates of Deposit and Share Certificates. A certificate of deposit or share certificate is an authorized investment under this subchapter if the certificate is issued by a state or national bank domiciled in this state, a savings bank domiciled in this state, or a state or feder- al credit union domiciled in this state and is: (1) guaranteed or insured by the Federal Deposit Insurance Corporation or its successor or the National Credit Union Share Insurance Fund or its successor; (2) secured by obligations that are described by Section 2256.009(a), including mortgage backed securities directly issued by a federal agency or instrumentality that have a market value of not less than the principal amount of the certificates, but excluding those mortgage backed securities of the nature described by Section 2256.009(b); or (3) secured :n any other manner and amount provided by law for deposits of the investing entity. FIR PUBLIC Membe - NASD/SIPr 762C Guadalupe • Austin, Texas 78752 • 800 -558 -8875 • www.firstpublic.com 8 Amended by Acts 1995, 74th Leg., ch. 2, Sec . 1, eff. April 28, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1 1995; Acts 1997, 75r1; Leg., ch 421. Sec. 6, eff. Sept. 1, 1997. '56.011. Authorized investment,: Repurchase Agreements. (3) A fully collateralized repurchase agreement is an authorized investment under this subchapter if the repurchase agreement: (1 ) has a defined terni.natton date; (2) ,s secured by obligations described by Section 2256.009(a)(1); and (3) requires the securities being purchased by the entity to be pledged to the entity, held in the entity's name, and deposited at the time the investment is made with the entity or with a third party selected and approved by the entity; and (4) 2s placed through a primary government securities dealer, as defined by the Federal Reserve, }r a financial institution doing business in this state. (b) In this section, "repurchase agreement" means a simultaneous agreement to buy, hold for a specified time, and sell back at a future date obligations described by Section 2256.009(a)(1), at a market value at the time the funds are disbursed of not less than the principal amount of the funds disbursed. The term includes a direct securit'; repurchase agreement and a reverse security repurchase agreement. ) Notwithstanding any other law, the term of any reverse security repurchase agreement may not exceed 90 days after the date the reverse security repurchase agreement is delivered. kJ) Money received by an entity under the terms of a reverse security repurchase agreement shall be used to acquire additional authorized investments, but the term of the authorized investments acquired must mature no later than the expiration date stated in the reverse security repurchase agreement. !Amended by Acts 1995, 74th Leg., ch, 402, Sec. 1, eff. Sept. 1. 1995. �•; . 2. " 5 .01 1 5. Authorized Investmedts: Securities Lending Program. (a) A securities lending program is an authorized investment under this subchapter if it meets the conditions provided by this section. (h) To qualify as an authorized investment under this subchapter: (1) the value of securities loaned under the program must be not less than 100 percent collateralized, including accrued income; (2) a loan made under the program must allow for termination at any time; (3) a loan made under the program must be secured by: (A) pledged securities described by Section 2256.009; (8) pledged irrevocable letters of credit issued by a bank that is (1 organized and existing under the laws of the United States or any other state; and (i '1 continuously rated by at least one nationally recognized investment rating firm at not less than A or its equivalent; or FMBUC Mernbe ^dASD/SIP; 7620 G,..adalupe • Austin, Texas 78752 • 800. 558.8875 • www.firstpublic.com 9 (4) cash invested in accordance with Section: 2256.009; 22:56.013; (ini 2256.014; or (it) 2256.016; the terms of a loan made under the program must require that the securities being held as collateral be: A) pledged to the Investing entity; B) held in the investing entity's name; and ('.7.) deposited at the time the investment is made with the entity or with a third party selectee by or approved by the investing entity; (5) a loan made under the program must be placed through: A) a primary government securities dealer, as defined by 5 C.ER. Section 6801.102(0, as that regulation existed on September 1, 2003; or B) a financial institution doing business in this state; and (6) an agreement to lend securities that is executed under this section must have a term of one near or iess. Added by Acts 2003, 78th Leg., ch. 122'', Sec, , eff. Sept. 1, 2003. 22= 6,012. Authuri2ed investments: Banker's Acceptances. A bankers acceptance is an authorized investment under this subchapter if the bankers' acceptance: (1) has a stated maturity of 270 days or fewer from the date of its issuance; (2) will be. in accordance with its terms, liquidated in full at maturity; (3) is eligible for collateral for borrowing from a Federal Reserve Bank; and (4) is accepted by a bank organized and existing under the laws of the United States or any state, if the short-term obligations of the bank, or of a bank holding company of which the bank is the largest subsidiary, are rated not less than A -1 or P -1 or an equivalent rating by at least one nationally recognized credit rating agency. Amended by Acts 1995, 74th Leg., ch. 4C2, Sec. 1, eff. Sept. 1, 1995. 22'36.013. Authorized investment,: Commercial Paper. Commercial paper is an authorized investment under this subchapter if the commercial paper: (1.1 has a stated maturity of 270 days or fewer from the date of its issuance; and (2) is rated not less than A -1 or P -1 or an equivalent rating by at least: (A) two nationally recognized credit rating agencies; or (B) one nationally recognized credit rating agency and is fully secured by an irrevocable letter of credit issued by a bank organized and existing under the laws of the United States or any state. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995. F� '+ M�be NASD/SIP; PUBLIC 7620 Guadalupe • Austin, Texas 78752 • 800-558-8875 • www.firstpublic.com 10 .014. Authorized investmrr:ts: Mutual Fund,. a A no -load money market mutual fund is an authorized investment under this subchapter if the mutual fund: (1) is registered with and regulated by the Securities and Exchange Commission; ) provides the investing entity with a prospectus and other information required by the Securities Exchange Act of 1934 (15 U.S.C. Section 78a et seq.) or the Investment (;ompany Act of 1940 +15 U.S.C. Section 80a -1 et seq.); (3) has a dollar- weighted average stated maturity of 90 days or fewer; and 4) includes in its in' estment objectives the maintenance of a stable net asset value of $1 for each share. b In addition to a no -load money market mutual fund permitted as an authorized investment in Subsection (a), a no -load mutual fund is an authorized investment under this subchapter if the mutual fund: (1) :s registered with the Securities and Exchange Commission; (2) has an average weighted maturity of less than two years; (3) is invested exclusively in obligations approved by this subchapter; (4) is continuously rated as to investment quality by at least one nationally recognized Investment rating firm of not less than AAA or its equivalent; and (5) Lonforms to the requirements set forth in Sections 2256.016(b) and (c) relating to the eligibility of investment pools to receive and invest funds of investing entities. An entity is not authorized by this section to: (1) invest in the aggregate more than 15 percent of its monthly average fund balance, excluding bond proceeds and reserves and other funds held for debt service, in mutual funds described in Subsection (b); (21 invest any portioni of bond proceeds, reserves and funds held for debt service, in mutual funds described in Subsection (b); or (3) invest its funds or funds under its control, including bond proceeds and reserves and other funds held for debt service, in any one mutual fund described in Subsection (a) or (b) in an amount that exceeds 10 percent of the total assets of the mutual fund. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 7, eff. Sept. 1 1997; Acts 1999, 760 Leg.. ch 1454. Sec. 8, eff. Sept. 1, 1999. -. 225(-).015. Authorized investments: Guaranteed Investment Contracts. a) A guaranteed investment contract is an authorized investment for bond proceeds under this subchapter if the guaranteed investment contract: (1) has a defined termination date; (2) is secured by obligations described by Section 2256.009(a)(1), excluding those obligations described by Section 2256.009(b), in an amount at least equal to the amount of bond proceeds invested under the contract; and AUL7 it Member NA5D /SIP: 7620 Giadalupe • Austin, Texas 78752 • 800- 558 -8875 • www.firstpubiic.com 11 (.`) is pledged to the entity and deposited with the entity or with a third party selected and approved by the entity. r) Bond proceeds, other than bond proceeds representing reserves and funds maintained for debt service purposes, may not be invested under this subchapter in a guaranteed investment contract with a term of longer than five years from the date of issuance of the bonds. ;:) To be eligible as an authorized investment: (1) the governing body of the entity must specifically authorize guaranteed investment contracts as an eligible investment in the order, ordinance, or resolution authorizing the Issuance of bonds (2) the entity must receive bids from at least three separate providers with no material financial interest in the bonds from which proceeds were received; (3) the entity must purchase the highest yielding guaranteed investment contract for which a qualifying bid is received: (4) the price of the guaranteed investment contract must take into account the reasonably expected drawdown schedule for the bond proceeds to be invested; and (51 the pro'- ider must certify the administrative costs reasonably expected to be paid to third parties in connection with the guaranteed investment contract. Amended by Acts 1995, 74th i_eg., ch. 402, Sec 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 8, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. :454, Sec. 9, 10, eff. Sept. 1, 1999. . - 22;6.016. Authorized :nvestnient.: lm rstment Pixels. (a) An entity may invest its funds and funds under its control through an eligible investment pool if the governing body of the entity by rule, order, ordinance, or resolution, as appropriate, authorizes investment in the particular pool. An investment pool shall invest the funds it receives from entities in authorized investments permitted by this subchapter. (h) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity an offering circular or other similar disclosure instrument that contains, at a minimum, the following information: (1) the type, of investments in which money is allowed to be invested; (2) the maximum average dollar - weighted maturity allowed, based on the stated maturity date, of the p<'ol; (3) the maximum stated maturity date any investment security within the portfolio has; (4) the objectives of the pool: (5) the size . if the pool (6) the names of the members of the advisory board of the pool and the dates their terms expire; FIR t PUBLIC Member NASD/SIPC 7620 ^Guadalupe • Austin, Texas 78752 • 800. 558 -8875 • www.firstpublic.com 12 the custodian bank that will safekeep the pool's assets; (8'' whether the intent of the pool is to maintain a net asset value of one dollar and the risk of market price fluctuation; (9; whether the only source of payment is the assets of the pool at market value or whether there s a secondary source of payment, such as insurance or guarantees, and a description of the secondary so =irce of payment; (10) the name and address of the independent auditor of the pool; the requirements to be satisfied for an entity to deposit funds in and withdraw funds from the pool and an deadlines or other operating policies required for the entity to invest funds in and withdraw funds from the pool; and the performance history of the pool, including yield, average dollar- weighted maturities, and expense ratios. To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must furnish to the investment officer or other authorized representative of the entity: investment transaction confirmations; and a monthly report that contains, at a minimum, the following information: A) the types and percentage breakdown of securities in which the pool is invested; B) the current average dollar- weighted maturity, based on the stated maturity date, of the pool; C) the current percentage of the pool's portfolio in investments that have stated maturities of more than one year; D) the book value versus the market value of the pool's portfolio, using amortized cost valuation; E) the size of the pool; F) the number of participants in the pool; G) the custodian bank that is safekeeping the assets of the pool; H) a listing of daily transaction activity of the entity participating in the pool; I) the yield and expense ratio of the pool; J) the portfolio managers of the pool; and K) any changes or addenda to the offering circular. An entity by contract may delegate to an investment pool the authority to hold legal title as custodian of investments purchased with its local funds. In this section, "yield" shall be calculated in accordance with regulations governing the registration of open -end management investment companies under the Investment Company Act of 1940, as promulgated from time to time by the federal Securities and Exchange Commission. ;f) To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment Wool created to function as a money market mutual fund must mark its portfolio to market daily, and, to the extent reasonably possible, stabilize at a $1 net asset value. If the ratio of the market value of the portfolio divided by the book value of the portfolio is less than 0.995 or greater than 1.005 portfolio holdings shall be sold as necessary to maintain the ratio between 0.995 and 1.005. 1 IC 'ier be NASD /Si'C 7620 { +,adalupe • Austin. Texas 78752 • 800 -558 -8875 • www.firstpublic.com 13 ,.g To be eligible to receive funds from and invest funds on behalf of an entity under this chapter, a public funds investment pool must have an advisory board composed: 1) equally of participants to the pool and other persons who do not have a business relation ship with the pool and are qualified to advise the pod, for a public funds investment pool created under Chapter 791 and managed by a state agency; or (2) of participants in the pool and other persons who do not have a business relationship with the pool and are Qualified to advise the pool, for other investment pools. h' To maintain eligibility to receive funds from and invest funds on behalf of an entity under this chapter, an investment pool must be :: ontinuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service. Amended by Acts 1995, 74t1- Leg.. ch. 402, Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1421, Sec. 9, eff. Sept. 1 1997. 2256.017. Existinsg In,esnnents An entity is not required to liquidate investments that were authorized investments at the time of purchase. Added by Acts 1995, 74th Leg., ch. 76, Sec. 5.46(a), eff. Sept. 1, 1995; Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1. 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 10, eff. Sept. 1, 1997. 2.56.019. Rating of t. ertain Im estment Yools. A public funds investment pool must be continuously rated no lower than AAA or AAA -m or at an equivalent rating by at least one nationally recognized rating service or no lower than investment grade by at least one nationally recognized rating service with a weighted average maturity no greater than 90 days. Added by Acts 1995, 74th Leg., ch. 407. Sec. , eff. Sept. 1, 1995. Amended by Acts 1997, 75th Leg., ch. 1421, Sec. 11, eff. Sept. 1. 1997 Sic. 2256.02C. Authori =c.i Investments: Institutions of Higher Education. in addition to the authorized investments permitted by this subchapter, an institution of higher education may purchase, sell, and invest its funds and funds under its control in the following: (1) cash management and fixed income funds sponsored by organizations exempt from federal income taxation under Section 501(0, Internal Revenue Code of 1986 (26 U.S.C. Section 501(f) (2) negotiable certificates of deposit issued by a bank that has a certificate of deposit rating of at least 1 or the equivalent by a nationally recognized credit rating agency or that is associated with a holding company having a commercial paper rating of at least A -1, P -1, or the equivalent by a nationally recognized credit rating agency; and (3 } corporate bonds, debentures, or similar debt obligations rated by a nationally recognized investment rating firm in one of the two highest long -term rating categories, without regard to gradations within those categories. Added by Acts 1995, 74th Leg., ch. 40, '. Sec . i, eff. Sept. 1, 1995. F1RMLIC '1emoe, NASDrstr,r: 7620 ( i,,adalupe • Austin, Texas 78752.800. 558.8875 • www.firstpublic.com 14 2.. it .0201. Authorized Investments; Municipal Utility. a) A municipality that owns a municipal electric utility that is engaged in the distribution and sale of electric energy or natural gas to the public may enter into a hedging contract and related security and insurance agreements in relation to fuel oil, natural gas, and electric energy to protect against loss due to price fluctuations. A hedging transaction must comply with the regulations of the Commodity Futures Trading Commission and the Securities and Exchange Commission. If there is a conflict between the mums ipal charter of the municipality and this chapter, this chapter prevails. b A payment by a municipally .awned electric or gas utility under a hedging contract or related agreement in relation to fuel supplies or fuel reserves is a fuel expense, and the utility may credit any amounts it receives under the contract or agreement against fuel expenses. The governing body of a municipally owned electric or gas utility or the body vested with power to manage and operate the municipally owned electric or gas utility may set policy regarding hedging transactions ..3! In this section, "hedging" means the buying and selling of fuel oil, natural gas, and electric energy futures or options >r similar c ontracts on those commodity futures as a protection against loss due to price fluctuation. Added b Acts 1999. 76th Leg., ch. 405.. Sec 48, eff. Sept. 1, 1999. 2 . ih.021 E "f: < < >f I.: ss of Re..p ured Rating. An irwestment that requires a minimum rating under this subchapter does not qualify as an authorized investment during the period the investment does not have the minimum rating. An entity shall take all prudent measures that are consistent with its investment policy to liquidate an investment that does not have the minimum rating. Added by Acts 1995. 74th Leg., ch. 40:, Sec 1, eff. Sept. 1, 1995. 5c .2251,.022, E'giinsion .1 1ntiestmcnt Authority. Expansion of investment authority granted by this chapter shall require a risk assessment by the state auditor or performed at the direction of the state auditor. subject to the legislative audit committee's approval of including the review in the audit plan under Section 32 1 013. Added by Acts 1995 74th Leg., ch. 40. Sec 1. eff. Sept. 1, 1995. Amended by Acts 2003, 78th Leg., ch. 785, Sec. 42, eff. Sept. 1. 2003. Sec. 2.56.023. Internal !1ianagement Repturas, ta) Not less than quarterly, the investment officer shall prepare and submit to the governing body of the entity a written report of investment transactions for all funds covered by this chapter for the preceding reporting period. b' The report must: (1) describe in detail the investment position of the entity on the date of the report; ) be prepared jointiv by all investment officers of the entity; be signed by eacl' investment officer of the entity; FIR "I" PUBLIC ^lemoe NASD/Sit'= '620 ( uadalupe • Austin, Texas 78752.800.558 -8875 • www.firstpublic.com 15 (4) contain a summary' statement, prepared in compliance with generally accepted accounting principles, of each pooled fund group that states the: (A) beginning market value for the reporting period; (B) additions and changes to the market value during the period; (C) ending market value for the period; and (D) fully accrued interest for the reporting period; (5) state the book value and market value of each separately invested asset at the beginning and ena of the reporting period by the type of asset and fund type invested; (6) state the maturity date of each separately invested asset that has a maturity date; (71 state the account or fund or pooled group fund in the state agency or local government for which each individual investment was acquired; and (8) state the compliance of the investment portfolio of the state agency or local government as it relates to: A) the investment strategy expressed in the agency's or local government's investment policy; and B) relevant provisions of this chapter. ( .:) The report shall be presented not less than quarterly to the goveming body and the chief executive officer of the entit\ within a reasonable time after the end of the period. If an entity invests to other than money market mutual funds, investment pools or accounts offered by its depository bank in the form of certificates of deposit, or money market accounts or similar accounts, the reports prepared by the investment officers under this section shall be formally reviewed at least annually by an independent auditor, and the result of the review shall be reported to the governing body by that auditor, Added by Acts 1995, 74th Leg., ch. 402 Sec. eff. Sept. 1. 1995. Amended by Acts 1997, 75th Leg., ch. 1421, sec . 12. eff. Sept. . ' 947 22 iF'.O24. Subchapter umulati (a) The authority granted by this subchapter is in addition to that granted by other law. Except as provided by Subsection (b), this subchapter does not: (1) prohibit an investment specifically authorized by other law; or (2) authorize an investment specifically prohibited by other law. (b) Except with respect to those Investing entities described in Subsection (c), a security described in Section 2256.009(h) is not an authorized investment for a state agency, a local government, or another investing entity, notwithstanding any other provision of this chapter or other law to the contrary. ) Mortgage pass - through certificates and individual mortgage loans that may constitute an investment described in Section 2256.009 (b) are authorized investments with respect to the housing bond programs operated by: (1) the Texas Department of Housing and Community Affairs or a nonprofit corporation created to act on its behalf; (2) an entity created under Chapter 392, Local Government Code; or (3) an entity created under Chapter 394, Local Government Code. Added by Acts 1995, 74th Leg., ch. 402 Sec. 1 eff. Sept. 1, 1995. PUBLIC Me 'loer NASD /SAN 7620 G iadalupe • Austin, Texas 78752 • 800- 558 -8875 • www.firstpublic.com 16 rc. 5t�.025. `nl, °.tiun Author_ _I13r,�i,rr.. The governing body of an entity subject to this subchapter or the designated investment committee of the entity shall, at least annually, review, revise, and adopt a list of qualified brokers that are authorized to engage in invest- ment transactions with the entity. Added by Acts 1997 '5th Leg., ch. 14: , Sec. 13, eff. Sept. 1, 1997. sec. 2�3t1.026. statutory All investments made by entities must ( omply with this subchapter and all federal, state, and local statutes, rules, Mr regulations. Added by Acts 1997 "5th Leg., ch. 141:, Sec. 13, eff. Sept. 1, 1997. SUBCHAPTER B. MISCELLANEOUS PROVISIONS Sec. 2 .5b.051 . Ele, €runic € und. Tra : er Any local government may use electronic means to transfer or invest all funds collected or controlled by the local government. Amended by Acts 1995, 74t1- Leg.. ch. 402, Sec. 1, eff. Sept. 1. 1995. Sec. 2.25(1.052. Prr:ate Au.titor- Notwithstanding any other law, a state agency shall employ a private auditor if authorized by the legislative audit committee either on the committee's initiative or on request of the governing body of the agency. Amended by Acts 1995, 74th Leg., ch. 402, Sec. 1, eff. Sept. 1. 1995. Sec. 2.5(1.053. 1'avrrrent tt' Securitk • Pur. lased h. State. The comptroller or the disbursing officer of an agency that has the power to invest assets directly may pay for authorized securities purchased from or through a member in good standing of the National Association of Securities Dealers or from or through a national or state bank on receiving an invoice from the seller of the securi- ties showing that the securities have been purchased by the board or agency and that the amount to be paid for the securities is just, due, and unpaid. A purchase of securities may not be made at a price that exceeds the exist - aig market value of the securities. Amended by Acts 1995, 74th Leg.. ch. 402, Sec. 1, eff. Sept. I. 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.67, eff. Sept_ 1, 1997. Sec. 2 ;56.054. Dein er. aFi Securitie, Pur: haled by State. A security purchased under this chapter may he delivered to the comptroller, a bank, or the board or agency investing its funds. The delivery shall be made under normal and recognized practices in the securities and bank- ing industries, including the hook entry procedure of the Federal Reserve Bank. Amended by Acts 1995, 74t1 Leg„ ch. 402, Sec 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.68, eff. Sept. 1, 1997. FII T PiJ LIC Mmmne. NASD /SP 7620 (,t,adalupe • Austin, Texas 78752.800. 558 -8875 • www.firstpublic.com 17 c. 2 a >6.05 13epo,,ft of ,ecuriutN b.,„ State. At the direction of the comptroller or the agency, a security purchased under this chapter may be deposited in rsst with a bank or federal reserve bank or branch designated by the comptroller, whether in or outside the state. The deposit shall he held in he entity' name as evidenced by a trust receipt of the bank with which the securities are deposited. Amended by Acts 1995, 774ti: Leg., ch 402. Sec. 1, eff. Sept. 1, 1995; Acts 1997, 75th Leg., ch. 1423, Sec. 8.69, of +. Sept. 1, 1997. P C Membe- NASD19PC 7620 (luadalupe • Austin, Texas 78752 • 800 - 558 -8875 • www.firstpubtic.com 18 i ATTACHMENT - B Page 1 of 8 ARTICLE V. CODE OF ETHICS* DIVISION 1. RULES OF CONDUCT Sec. 2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. Sec. 2-311. Standards. The folowing rules of conduct apply to all council members, board members, and employees: Special privileges. (1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. (2) Ycxi shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. (3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelailed to the interests of the city, except to the extent such are lawfully available to the public. (b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. (4) Urtess you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. Gifts (5) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the l: \FIN -DIR \SHARED \othmngaDesktop Files \Investment Policy \FY 20071Code of Ethics.doc Page 2 of 8 discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. (6) In the event you receive any gift or loan of property or services on behalf of the city, you shell promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. Conflicts of interest: (7) In the event you or one of your relatives have an interest or any substantial interest in a contract or transaction involving the city which comes before you in the performance of your official duties, you shall make a written disclosure of your interest in the matter and abstain from any vote or decision and not participate in any discussion on the matter. (8) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. (9) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. (10) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. (11) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. Actions adverse to the city: (12) You shall not disclose information that could adversely affect the property or affairs of the city. (13) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. (14) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. Provisions for council members: (15) As a council member, you shall not have a substantial interest in any contract with the city. :\ FIN- DIR1SHAREDkoshmngttDesktop Files \Investment Policy \FY 20071Code of Ethics.doc Page 3 of 8 (16) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall rit speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. (17) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. (18) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the goveming body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: (1) is related to you within a degree described by Section 573.002, Texas Govemment Code; (2) is your employer; (3) is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or (4) owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. Provisions for board members: (19) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction (20) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) Provisions for employees (21) As an employee you shall not have an interest in any contract with the city. (22) Unless previously recommended by the city manager, and approved by the Ethics Commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. is \FIN- DIR \SHARED\cghmngt\Desktop Files \Investment Policy \FY 20071Code of Ethics.doc Page 4 of 8 (23) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). (24) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual Sec, 2 -312. Definitions. The following definitions apply to the above rules of conduct: Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city, Employee: Any person employed by the city, whether under civil service or not, including part -time employees and employees of any corporation created by the city. interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other titan. (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father -in -law, mother -in -law, brother -in -law, sister -in -law, son -in -law, daughter -in -law and adoptive relationships being treated the same as natural relationships. Substantial interest: Any interest which has a value of five thousand dollars ($5,000.00) or more or represents ten (10) per cent or more of a person's gross income during the most recent calendar year. Sec. 2-313. Effect of violation I: \FIN- DIR \SHARED\c mngt esktop Files\Investment Policy \FY 2007\Code of Ethics.doc Page 5 of 8 A violartion of these rules of conduct shall subject the council member, board member or employee to appropriate disciplinary proceedings, but such violation shall not render the action of the city voidable by the city unless the action would not have been approved without the vote of the person who violated the rules of conduct. Sec. 2 -314. Exceptions to abstention requirement. The requirement that a council member or board member abstain from voting on a matter or participating in discussion as contained in rule 7 of the rules of conduct shall not apply in the following situations, provided that such person has complied with the requirements of written disclosure of the interest: (a) In the event a majority of the members of the council or the board, commission or commee have filed a written disclosure of a conflict of interest on the matter and would be required to abstain; or (b) On the final approval of the budget when the person has abstained from a separate vote taken on the particular budget item pertaining to the conflict of interest and action or that particular item has been resolved. Sec. 2-315. Freedom of expression. Nothing contained in the code of ethics shall abridge the right of any citizen, whether or not a council member, board member or employee, to exercise his or her right of expression under the U.S, or Texas Constitutions. Sec, 2-316. Lobbyist registration.. Subsection A. Persons required to register as lobbyists. (a) A person who engages in lobbying must register with the city secretary if, with respect to any client, the person engages in lobbying activities for compensation. (b) The following persons are not required to register under subsection (a): (1) Media outlets. A person who owns, publishes or is employed by: (A) a newspaper; (B) any other regularly published periodical; (C)a radio station; (D)a teievision station; (E) a we service; or 1:\=1N-DIR \SHARED \c itmngttDesktop Fiies \Investment Policy \FY 2007\Code of Ethics.doc Page 6of8 (F) any other bona fide news medium that in the ordinary course of business disseminates news, opinions, or paid advertisements that directly or indirectly oppose or promote municipal questions to seek to influence official action relating thereto, if the person does not engage in other activities that require registration under Part E. This subsection does not exempt the news media or a person whose relation to the news media is only incidental to a lobbying effort or if a position taken or advocated by a media outlet directly impacts, affects, or seeks to influence a municipal question in which the media outlet has a direct or indirect economic interest. (2) Mobilizing entity constituents. A person whose only lobbying activity is to encourage or solicit the members, employees, or owners (including shareholders) of an entity by whom the person is compensated to communicate directly with one or more city officials to influence municipal questions. This exception is intended to apply to neighborhood and other similar not - for - profit organizations. (3) Governmental entities. Governmental entities and their officers and employees, provided the communications relate solely to subjects of governmental interest concerning the respective governmental bodies and the city. (4) Unknown municipal questions. A person who does not know and has no reason to know that a municipal question Is pending at the time of contact with a city official. (5) Dispute resolution. An attorney or other person whose contact with a city official is made solely as part of resolving a dispute with the city, provided that the contact is solely with city officials who do not vote on or have final authority over any municipal question involved and so long as such an attomey complies with Rule 4.02 of the Texas Disciplinary Rules of Professional Conduct, as amended. Subsection B. Definitions. 1 The following words and phrases have the meaning ascribed to them in this section unless the context requires otherwise: (a) City official means the members of the city council, city manager, deputy and assisant car managers, city secretary, city attorney, assistant city attorneys, department heads, municipal court judges, and all members of any board, commission or committee of the city, including the board of any corporation created by the city. (b) Client means any person on whose behalf lobbying is conducted. In the case of a coalition or association that employs or retains other persons to conduct lobbying activities, the client is the coalition or association and not its individual members. (c) Compensation means money, service, facility or other thing of value or financial benefit that is received or is to be received in return for or in connection with services rendered or to be rendered. Compensation does not include a payment made to any individual regularly employed by a person if (1) the payment ordinarily would be made regarrless of whether the individual engaged in lobbying activities and (2) lobbying activities are not part of the individual's regular responsibilities to the person making the TIN- DIR\SHARED1cshmngt\Desktop Files\investment Policy \FY 20071Code of Ethics.doc Page 7 of 8 payment. Compensation does not include the financial gain that a person may realize as a result of the determination of a municipal question, unless that gain is in the form of a contingent fee. (d) Lobby or lobbying means any oral or written communication (including an electronic communication) to a city official, made directly or indirectly by any person in an effort to influence or persuade an official to favor or oppose, recommend or not recommend, vote for or against, or take or refrain from taking action on any municipal question. The term lobby or lobbying does not include a communication: (1) merely requesting information or inquiring about the facts or status of any municipal question, matter, or procedure, and not attempting to influence a city official; (2) made by a public official or employee acting in his or her official capacity; (3) made by a representative of a media organization if the purpose of the communication is gathering and disseminating news and information to the public; (4) made in a speech, article, publication, or other material that is distributed and made available to the public, or through radio, television, cable television, or any other medium of mass communication: (5) male at a meeting open to the public under the Open Meetings Act; (6) made in the form of a written comment filed in the course of a public proceeding or any other communication that is made on the record in a public proceeding; (7) made in writing as a petition for official action and required to be a public record pursuant to established city procedures; (8) made in writing to provide information in response to an oral or written request by a city official for specific information: (9) the content of which is compelled by law; (10) made in response to a public notice soliciting communications from the public and directed to the official specifically designated in the notice to receive such communications; (11) made on behalf of an individual with regard to that individual's employment or benefits; (12) made by a fact witness or expert witness at an official proceeding; or (13) made by a person solely on behalf of that individual, his or her spouse, or his or her minor chhiren, :19N- DIR\SHAREDIcshmngt1Desktop Files\Investment Policy\FY 20071Code of Ethics.doc Page 8of8 (e) Municipal question means a public policy issue of a discretionary nature pending or impending before city council or any board or commission, including but not limited to proposed action, or proposals for action, in the form of ordinances, resolutions, motions, recommendations, reports, regulations, policies, nominations, appointments, sanctions, and bids, including the adoption of specifications, awards, grants, or contracts. The term municipal question does not include the day - to-day application, administration, or execution of city programs and policies. Subsection C. Registration. (a) A registration form shall be completed and filed by a person required to register prior to the commencement of lobbying activity for a client. (b) A separate registration form must be filed for each client. (c) The registration shall be on a form prescribed by the city secretary and shall include, to the extent applicable: (1) the full name, phone number, permanent address, and nature of the business of: (A) the registrant. (B)the client; (C)ar>r lobbying firm for which the registrant is an agent or employee with respect to the client; and (D)each employee or agent of the registrant who has acted or whom the registrant expects to act as a lobbyist on behalf of the client; (2) a statement of all municipal questions on which the registrant will lobby for the client. (d) A registrant shall file an amended registration if the information contained in the current registration changes or is incorrect. (e) A registrant may file a termination of registration when no longer required to register. 4s 1FIN- DIR\SHARED1ashmngtlDesktop FileslInvestment Policy\FY 20071Code of Ethics.doc RESOLUTION APPROVING AMENDMENT TO THE CITY INVESTMENT POLICY TO ADD FEDERAL AGRICULTURAL MORTGAGE CORPORATION OBLIGATIONS AS AUTHORIZED INVESTMENTS FOR CITY FUNDS WHEREAS, the City of Corpus Christi Investment Policy was adopted in Resolution No. 022390 on October 24 1995; amended in Resolution No. 022980 on July 8, 1997; amended in Resolution No. 023472 on October 27, 1998; amended in Resolution No. 023864 on December 14, 2999. amended in Resolution No. 024208 on September 12, 2000; amended in Resolution No. 024679 on December 11, 2001; amended in Resolution No. 025151 on December 17, 2002; amended in Resolution No. 025266 on April 15. 2003; and amended in Resolution No. 025557 on November 11, 2003; and amended in Resolution No 026345 on July 19, 2005; and WHEREAS, the City of Corpus Christi Investment Committee reviewed the proposed amendment to the Investment Policy to add Federal Agricultural Mortgage Corporation obligations as authorized investments, and recommends that the City Council approve such•amendment; and WHEREAS, the Investment Policy provides for annual review by City Council and City Council approval of any amendments to the Investment Policy; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Seclon 1. Section V of the City of Corpus Christi Investment Policy is amended to read as follows: "V. AUTHORIZED INVESTMENTS AND MAXIMUM TERM The City of Corpus Christi is authorized to invest in: A. Authorized Investments Obligations of the United States or its agencies and instrumentalities, which currently include: 1. Short-term U.S. Treasuries: Maximum Term a. U S Treasury Bills up to 365 days t U S. Treasury Coupon Notes up to 3 years U.S. Treasury Notes and Strips up to 3 years'' -` 2. U.S. Agencies: Investment Policy Resolution 5290 doc Maximum Term a Federal Home Loan Bank b. Federal National Mortgage Association. Federal Farm Credit Bank d. Federal Home Loan Mortgage Corporation e. Student Loan Marketing Association. t, Federal Agricultural Mortgage Corporation SECTION 2. The City Council has reviewed and does approve the Policy as amended. A copy of the amended City Investment Policy incorporated as an Exhibit. ATTEST: THE CITY OF CORPUS CHRISTI 2 up to 2 years up to 2 years up to 2 years up to 2 years up to 2 years up to 2 years" attached Investment is attached and Armando Chapa Henry Garrett City Secretary Mayor APPROVED: May 23, 2007 4.v Lisa Aguilar AssiiKant City Attorney for City Attorney Investment Policy Resolution 52907 doc Corpus Christi, Texas f , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 7 AGENDA MEMORANDUM DATE: May 29, 2007 SUECT: Downtown Drainage Improvements Phase 1 Project B - New Kinney Street Pump Station (Project No. 2242) CHANGE ORDER NO. 5 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 5 to the construction contract with T & C Construction Company Ltd. of Houston, Texas in the amount of $311,316, for a total restated fee of $6,277,526.41, for the Downtown Drainage Improvements Phase 1 Project B — New Kinney Street Pump Station. ISSN: The proposed Change Order No. 5 provides improvements to the existing No. 3 pump and engine located at the Power Street Pump Station; rehabilitation of the pump, and replacement of the existing engine and drive shaft with a City purchased engine and shaft. Change Order No. 5 is necessary to ensure the reliability and capacity of the Power Street Pump Station FU Prog ING: Funding is available from the FY 2007 Storm Water Capital Improvement m (CIP). RECQMMIDATION: Staff recommends approval of the Motion as presented. Vale ay, P. E., Director of Storm Water Services Add lPak Support Material: Exhi "A" Background Information Exhibit "B" Change Order Summary Exhibit "C" Location Map gel R. Escobar, P. E., Director of Engineering Services \ USERS2VHCMF \VELMAP \GEN \DRAINAGF :.'036 DOWNTC','.N DRAINAGE \CHANGE ORDER NO. 5\AGENDA MEMO BACKGROUND INFORMATION SUB4ECT: Downtown Drainage Improvements Phase 1 Project B - New Kinney Street Pump Station (Project No. 2242) CHANGE ORDER NO. 5 CHANGE ORDER NO. 5: The proposed Change Order No. 5 provides improvements to the existing Pump No 3 pump and engine located at the Power Street Pump Station; rehabilitation of the pump, and replacement of the existing engine and drive shaft with a City - purchased engine and shaft. The existing pump and engine are aged and beyond economical service life with only limited part availability in addition, they require individual manual start-up during rain events. Change Order No. 5 is necessary to ensure the reliabNity and capacity of the Power Street Pump Station. This change order is part of a planned sequence, pending funding availability, to coordinate the Kinney Street Pump Station and Power Street Pump Station improvements servicing the downtown drainage area. As part of the plan, the City separately purchased a new engine and drive shaft in February 2007 with COP funds. Using this contract allows the City to cost effectively use a well- qualified contractor for this critical project coordination.. The new pump station will be functional in early June 2007, which will triple the storm water pumping capacity Adding this work avoids additional cost such as mobilization /demobilization, provides a single contractor /contract for both engines and pumps, and ensures only one pump will be off -line at any time Change Order No. 5 is proposed to commence immediately upon receipt of the new engine and drive expected in early June 2007. Additive Alternative No 2 was authorized under Change Order No. 3 in July 2006 which provided for the relocation of the existing Kinney Street engine to replace engine #1 at the Power Street Pump Station, and refurbish pump #1. Change Order No. 3 will occur in June /July 2007 upon commissioning of the new Kinney Street Pump Station. The remaining Power Street Pump Station engine and pump #2 were refurbished in 2004 -2005. This change order will complete the improvements for all three engines and pumps at Power Street Pump Station. thereby restoring the design reliability and capacity that has diminished with the aging equipment. These improvements also upgrade the existing manual start-up system to an automatic self start-up system. PRO,ECT BACKGROUND: The Downtown Drainage Improvement Project was approved under the $55 million Storm Water Capital Improvement Program. The Downtown Drainage Improvement Project was developed to alleviate the major flooding that occurs in the downtown area during times of heavy rain. Major flooding occurred in 2002, reaching approximately elevation 5.8' in the William Street and Water Street area. Top of curb is approximate elevation 3.4'. Flooding in this area is attributed to the Water Street area draining last because the Power Street Pump Station, located north .0-4 OM ILYNr,AS,GEMStorm )3E _. r' ntowc Dr amacett;O 5'AC,ENDA BACKGROUND doc EXHIBIT "A" Page 1 of 5 of 114 -37. is overwhelmed during a 100 -year flood. This project is developed into three phases with several separate projects to expedite construction. The objective in Phase 1 and Phase 2 of the Downtown Drainage Improvements is to reduce the water elevation to 3.6' in the Water Street area during a 100 -year flood to keep it out of the buildings. Phase 3 will be designed to alleviate the flooding in the Arena and Port areas. • Dpwntpwn Drainage Improvement Project, Phase 1, Phase 2 and Phase 3 Design was approved under Amendment No. 1 and No. 2 to the contract with Urban Engineering for Phase 1 and Phase 2, and preliminary design for Phase 3. Phase 1 Part A - Water Street Interceptor and Inlets (Project No. 2036): Part A constructs an interceptor conduit, an 8' x 5' concrete box culvert which transfers a portion of the storm water from the Power Street drainage basin into the Kinney Street drainage basin. The interceptor is a gravity system constructed in Water Street from William Street to Kinney Street. The project also includes a new grated net across three lanes of Water Street adjacent to the Kinney Street intersection and several new inlets along Water Street. The contract was bid on November 24, 2004 and awarded to Ramos Industries Inc. of Pasadena, Texas. Completed in October 2006. Ph4se 1 Part B — Kinney Street Pump Station (Project No. 2242): Part B involves replacing the existing Kinney Street Pump Station located on City property at the corner of South Shoreline Boulevard and Kinney Street. The existing station was constructed in 1947 and has a rated capacity of 167 CFS (74,950 GPM). The new station is designed for a 100 -year storm event with a capacity of 426 CFS (191,200 GPM) and will be completely automated. The existing pump station will remain in service in its current capacity until the new pump station is commissioned and operational. There will be no reduction in pumping capacity during the construction of this project. A new discharge box to the bay was constructed under the Seawall Repairs —Magee Beach Contract D. Under construction. y Phase 2 - Agnes Street Box Culvert and Diversion Lines (Project No. 2225): Phase 2 was bid on September 21, 2005. Phase 2 constructed a new storm water 6' x 6' concrete box culvert from Water Street and Kinney Street intersection to the Blucher Park with storm water inlets to reduce the load on the Downtown pump stations, The new Agnes box culvert is a gravity drainage system to collect and deliver the storm water directly to the bay Completed November 2006. Phase 2 also was designed to include a Balustrade in the park to increase the capacity of the existing Blucher Box pressure system and disconnect faulty inlets to keep the existing system from back flowing into local areas. This Balustrade will be constructed under a future Phase 2A SOMEWYNDAS1GEN1Storrnwater,2036 untow. Draina ).\CC '- '.AGENDA BACKGROUND doc EXHIBIT "A" Page 2 of 5 Ph*, 3 — Power Street Drainage Area Improvements — New Pump Station (Hughes Street) and Interceptors (Project No. 2226): The project will be designed to alleviate the flooding in the Arena and Port areas. This new pump will supplement the Power Street Pump Station to provide 100 -year flood protection for the Power Street Pump Station watershed Phase 3 is a future project. PRIC4It COSJNCIL ACTION: Sebkomber 23, 2003 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to a Contract for Professional Services with Urban Engineering in the amount of $732,010 for Downtown Drainage Improvements Design (Project No. 2036). (Motion No. M2003 -348) February 10, 2004 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 2 to a Contract for Professional Services with Urban Engineering in the amount of $374,813 for the Downtown Drainage Improvements Project. (Motion No. M2004 -043) January 11, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with Urban Engineering in the amount of $196,000 for construction inspection services on the Downtown Drainage Improvements Project as follows: (Motion No. 2005 -011) • Phase 1 _. Project '`A" Water Street New Interceptors and Inlets • Phase 1 _. Project "B" Kinney Street Pump Station • Phase 2 — Agnes Street Box Culvert and Diversion Lines March 29, 2005 — Approval of the FY 2005 Capital Budget in the amount of $178,074,800. (Ordinance No 026188) July 26, 2005 — Approval of the FY 2005 -2006 Capital Outlay Budget. (Ordinance No. 026385) October 18, 2005 — Motion authorizing the City Manager, or his designee, to award a construction contract to T & C Construction Company Ltd. of Houston, Texas, in the amount of $5,608.420 for the Base Bid and Additive Alternate No. 1 for the Downtown Drainage Improvements Phase 1 Project B — Kinney Street Pump Station. (Motion No. M2005 -360) July 11, 2006 Resolution expressing official intent to reimburse $12,000,000 in costs with respect to the construction of improvements to the City's Utility System. July 18, 2006 - Motion authorizing the City Manager, or his designee, to execute Change Order No, 3 to the construction contract with T & C Construction Company Ltd. of Houston, Texas, in the amount of $313,278.06, for a total restated fee of $5;945,698.06, for the Downtown Drainage Improvements Phase 1 Project B— New Kinney Street Pump Station. (Motion No. M2006 -217) 9 February 13, 2007 -- Motion approving the lease purchase of the following equipment from the following companies in accordance with Bid Invitation No. BI- 0120 -07, based on only bid and most advantageous bid, for a total expenditure of $111,795 The equipment will be installed at the Power Street Storm Water Pump Station. Financing will be provided through the City's lease /purchase financing program. (Motion No. M2007 -039) -! tNOMFILYNr7AS,GEMSIormomt, , 13E -.ntow , a,,e C ■ +.i iENDA BACKGROUND doc EXHIBIT "A" Page 3 of 5 Holt Power Systems Corpus Christi, TX Diesel Engine $68,095 Amarillo Gear Company Amarillo, TX Right Angler Gear Assembly $43,700 Grand Total: $111,795 PRIOR AQMINISTRATIVE 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). 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). 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). April 11, 2003 — Distribution of Letter of Notification #1 (LON) for FY 2002 — 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out -of- town). 7 April 17, 2003 - Addendum No. 1 to the Letter of Notification #1 (LON) for FY 2002 -- 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out -of- town). 8 April 25, 2003 — Addendum No. 2 to the Letter of Notification #1 (LON) for FY 2002 -- 2003 Capital Improvement Program (Public Facilities, Storm Water, Wastewater, Infrastructure, street, Park and Miscellaneous Projects) to 183 architectural and engineering firms (79 local and 104 out -of- town). August 28, 2003 — Approval of a small engineering contract with Urban Engineering for preliminary engineering in the amount of $24,892 for the Downtown Drainage Improvements design 10 April 12, 2005 — Administrative approval of Amendment No. 3 to the contract for professional services with Urban Engineering in the amount of $24,536 for the Downtown Drainage Improvements Phase 1 Part B Kinney Street Pump Station. 11 March 17, 2006 — Administrative approval of Change Order No. 1 to the construction contract with T & C Construction Company Ltd. of Houston, Texas in the amount of $24,000 for the Downtown Drainage Improvements Phase 1 Project B — Kinney Street Pump Station. 12 August 8, 2006 — Administrative approval of Change Order No. 2 to the construction contract with T & C Construction Company Ltd. of Houston, Texas in the amount of $0 for the Downtown Drainage Improvements Phase 1 Project B — Kinney Street r••OMEM..-N n3 \GEN15torrowa'er.203^ .vr,tow^ "a,n,.�elCC .A ;;ENDA BACKGROUND doc EXHIBIT "A" Page 4 of 5 Pump Station. 13 Decgmber 26, 2006 — Administrative approval of Change Order No. 4 to the construction contract with T & C Construction Company Ltd. of Houston, Texas in the amount of $20,512 35 for the Downtown Drainage Improvements Phase 1 Project B - Kinney Street Pump Station. =- t\ HOMEILYNDAS \GEN1StorrrwaterC-O3E Dcwnlowr D ra: e■CO F' GENDA BACKGROUND doc EXHIBIT "A" Page 5 of 5 PROJECT: DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET May 29, 2007 Downtown Drainage Improvements Phase 1 Project B - New Kinney Street Pump Station Project No. 2242 APPROVES: City Council Motion No. M2005 -360 on October 18, 2005 CONTRACTOR: T & C Construction Company Ltd. 5411 Killough Street Houston, TX 77186 TOTAL CONTRACT AMOUNT $5,608,420.00 25% Limit Amount 1,402,105.00 Charge Order No. 1... _. ..... ......... ........ 24,000.00 Charge Order No. 2 0.00 Charge Order No. 3... 313,278.06 Charge Order No. 4... ........ ........ 20,512.35 Charge Order No 5 , ........ 311,316.00 TOTAL All Change Orders ... $669,106.41 11.93% < 25% H:HUSERS2IHOME `ELMAP.GENVDRAINAGE-2C36 DOW!, TOWN ORA N- ..i;E CH, ,NGE ORDER NO 51CHANGE ORDER SUMMARY EXHIBIT "B" Page 1 of 1 \MprQJect \councrrexh:Dlts \exhl 4 .cw 4. dh ROJECT LOCAT1O (POW ST. STORM MU PUMP STATION) CORPUS CHRISTI BAY PROJECT LOCATION (MET ST. STOW INTER PUS STATION) LOCATION MAP NOT TO SCALE NEW FEDERAL COURT HOUSE POWER ;T. STORM WATER PUMP STATION KINNEY ST. STORM WATER PUMP STATION VICINITY MAPS NOT TO SCALE EXHIBIT -C- DRAMA IMPROVEMENTS, 1PART "B" KINNEY STREET STATION (POWER ST PUMP STA R+ N PUMP NO.3 REHABILITATION) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05/17/2007 ViAsseaso 8 AGENDA MEMORANDUM Citv Council Action Date: May 29, 2007 SUB,ECT: Rolled Curb & Gutter Replacement FY 2006 -2007 (Project No. 2269) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 for additional curb and gutter, driveway approaches and pavement repair quan *ies with A. Ortiz Construction of Corpus Christi, Texas in the amount of $77,000 for a restated not to exceed construction contract total of $393,850 for the Rolled Curb & Gutter Replacement FY 2006- 2007. IS$4: The Rolled Curb and Gutter Program is a yearly program that addresses damaged rolled curbs and gutters throughout the city. This work is being added as a change order to take advantage of the very competitive unit prices bid by the contractor. Much of the additional work is necessary due to the continued degradation of curb, gutter, driveway and pavement since the areas were originally identified during the initial design. FUNE■G: Funds for this project are available from the FY 2006 -2007 Storm Water Capital Improvement Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. aleri G .E. Director of Storm Water Services Adh! nial 'import Material: Exhi "A" Background Information Exhi "B" Change Order Summary Exhibb "C" Location Map H-\ HOME\ KeVINS1GENtSTORMWAT12269RoIleclCurb20071 CC; i Memo ciao r gel R. Escobar, P.E. 'rector of Engineering Services BACKGROUND INFORMATION SUBJECT: Rolled Curb & Gutter Replacement FY 2006 -2007 (Project No. 2269) CHANGE DER: The change order authorizes additional quantities that are needed to address changes in Rolled Curb & Gutter contract for Part A: Specific Area (bounded by South Staples Street. Timbergate Drive, Crossgate Ditch and Lipes Boulevard) consisting of additional removal and replacement of: • 824 linear feet (If) of curb and gutter; • 2,040 square feet (sf) of driveway approaches; and • 560 square yards (sy) of pavement and pavement repairs. The original contract identified the critical areas of rolled curb and gutter. The additional work that will be addressed by this change order is required to ensure adequate drainage, driveway transitions, and Americans with Disabilities Act (ADA) compliance. This work is being added as a change order to take advantage of the very competitive unit prices bid by the contractor. Much of the additional work is necessary due to the continued degradation of curb, gutter driveways and pavement since the areas were originally identified during initial design. Charge Orders are authorized as the proper method of modifying construction contracts by Section 271.060 of the Local Government Code. Change orders are used to make changes in the plans and specifications, address concealed conditions, modifications in quantities, materials, equipment, supplies, or changes in scope that arise during the construction project. Change orders for public works construction projects may not exceed 25% of the original project cost as awarded. Change orders exceeding $25,000.00 require Council approval The amount of the change order is based on the unit prices bid by the contractor. A change order summary is attached See Exhibit B. PRO4ECT DESCRIPTION: The project consists of two parts: Part ,:, Specific Area (bounded by South Staples Street, Timbergate Drive, Crossgate Ditch and Lipes Boulevard) - consisting of the removal and replacement of 2,500 linear feet of curb and gutter: 8,200 square feet of driveway approaches, 800 square feet of sidewalks; and 820 square yards of pavement repair (within a specific geographic area); Part B: Various Locations (to be specified by the Storm Water Department throughout the duration of the project)- consisting of the removal and replacement of 1500 linear feet of curb and gutter; 500 square feet of driveway approaches, 200 square feet of sidewalks; 700 square yards of pavement repair; and 400 square feet of concrete curb ramps meeting ADA requirements. PROJECT BACKGROUND: This is a yearly program that addresses damaged rolled curb ^'V i0ME1KEG% NS',GENISTC?RMOOT,22E9R.,edCurb ".i`' BkgEr,;.,coc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET MAY 19, 2007 PROJECT: Rolled Curb & Gutter Replacement FY 2006 -2007 Project No. 2269 APPROVED. Council Motion No. 2006 -367, Approved November 7, 2006 CONTRACTOR: A. Ortiz Construction & Paving, Inc. 102 Airport Road Corpus Christi, TX 78405 TOTAL CONTRACT AMOUNT... 25% Limit Amount. 316,850.00 79,212.50 Change Order No. 1 (03/27/07) ... ..... 77,000.00 Total . ...... 77,000.00) = 24.30% < 25% Exhibit B Page 1 of 3 and gutter throughout the city. Affected curb and gutter will be removed and replaced, along with associated pavement repair where gutter slopes are inadequate. Areas considered hazardous to vehicular or pedestrian traffic will receive priority over those areas where only drainage is affected The amount of curb and gutter replacement will be determined by the availability of funds. PRIG CODICIL ACTION: 1 Sciptember 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) 2. November 7, 2006 - Motion authorizing the City Manager, or his designee, to execute a construction contract with A. Ortiz Construction of Corpus Christi, Texas in the amount of $316,850 for the Rolled Curb & Gutter Replacement FY 2006 -2007. (M2006 -367) PRIG, ANIINISTRATIVE ACTION: 1. Ociober 18, 2006 — Administrative approval of a small agreement for architect/engineer consultant services with Engineering & Construction Management Services in the amount of $6,000 for the Rolled Curb & Gutter Replacement FY 2006 -2007. 2. March 9, 2007 - Administrative approval of Amendment No. 1 for architect/engineer consultant services with Engineering & Construction Management Services in the amount of $18.216 fora restated not to exceed total fee of $24,216 for the Rolled Curb & Gutter Replacement FY 2006 -2007. ,14HOME EVINSGEMSTORMWAr ■2269Ro edCurb2D07 \CC BkgE xrA 7c .c CHANGE ORDER Page of 2) Department of Engineering Services City of Corpus Christi, Texas Cr.ANGE ORDER NO: 1 PROJECT NO: 2269 CONTRACT TIME: 180 Cailendar days Ooerar_ing Department: Stor:r, Weser DATE: February 5, ?007 Name >f Project: Roi'ei Curd & Gut/er Replacement- FY2006 -2007 (Project # 2269 ) Contractor: A. Const_ructicr arc Paving, Inc. CHNGE Ada cuantit es as shown. on atta he: page 2 of 2. AP2 $77, 000 Why was this change necessary? If left off the plans and specifications, explain why) T u chance ord&r to_ 1.n rease contract Quantities for anticipated overruns due to additional work demanded Jay residents and approved by the City. Ov $zrun, could not be anticipated How dan siMiiar changes be avoided in the future? N/A A, CONTRACT PRICE . 8. TOTAL COANGZ ORDER (inc. current) C. NEW CONCT PRICE D. THIS calm= ORDER E. PERCENT TOTAL CHANGE (B /A) F. PREVIOUS ADDN'L TIME AUTHORIZED . G. ADDN' L CONTRACT TIME THIS CHANGE ORDER H . TOTAL ADDITIONAL TIME CITY OF CORPUS CHRISTI, TEXAS By: APPROVED: City Engineer $ 316,850.Q9 $ 77.000.00 $ 393.850.00 $77.000 24.3 0 30 30 Project Engineer C TOR: A.Ortiz Constr. & Pav, Inc. B y : Y^t-i./1 c -p (iv( Title: J` ? C,t...[:e<< --'t Operating Department Director of Management & Budget Legal Department City Manager City Secretary Exhibit B Page 2 of 3 ITEM QTY ' A 1 18/8 L F ROLLED CURB & GUTTER REPLACEMENT FY2006 -2007 PROJECT NO. 2269 CHANGE ORDER NO. 1 PAGE 2 OF 2 ADD THE FOLLOWING BID ITEM QUANTITIES: A -2 r 2,040 S. F DESCRIPTION Removal and Replacement of Curb & Gutter, complete and in place per linear foot Removal and Replacement of driveway approaches, complete and in lace er s uare foot A-1 ?560 S Y Removal and Replacement of pavement/pavement repairs, complete and in place per square yard TOTAL CHANGE ORDER NO. 1 UNIT PRICE TOTAL $25.00 $20,700 $12.50 $25,500 $55.00 $30,800 $77,000 Exhibit B Page 3 of 3 File \Mprojec councilexhibits \exh2269. dwg LOCATION MAP NOT TO SCALE PRVECrfo.2269 VICINITY MAP NOT TO SCALE EXHIBIT "C• ROLLED CURB & GUTTER _ R CEMENT FY 2006 -2007 (CHANGE ORDER NO. 1) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 05 -22 -2007 +r \Mproject \counciiexh +bits \exhZ26.awg NOTE: CITY WIDE PROGRAM CITY PROIECT LMo.2269 LOCATION MAP NOT TO SCALE EXHIBIT 'C' ROLLED CURS & GUTTER REPLACEMENT FY 2006-2007 (CHANGE ORDER NO. 1) CITY COUNCIL DCHIBIT CITY OF CORPUS CHRISTI, XA$ DEPARTMENT OF ENGINEERING SERVICES PAGE: 2of2 DATE: 05/22/2007 9 AGENDA MEMORANDUM City Council Action Date: May 29, 2007 SUIECT: Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1 (Project No. 7231) AG DA ITEM: A. Motion authorizing the City Manager or his designee to execute Amendment No. 5 to the Contract for Professional Services with Colwell & Associates Inc. of Corpus Christi, Texas, in the amount of $67,135 for a restated fee of $561,518 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1 for additional construction inspection. B. Motion authorizing the City Manager or his designee to execute Change Order No. 4 to the construction contract with R.S. Black Civil Contractors Inc. of Corpus Christi, Texas, in the amount of $132,643 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1 ISSN: The Oso Water Reclamation Plant electrical system was originally installed in the early 1950s and later upgraded in the early 1980s. The proposed amendment will provide for a continuation of daily construction observation and engineering support services presently being provided by Colwell & Associates, Inc. for a new term of July 1, 2007 through October 17, 2007. The proposed change order is necessary to provide electrical modifications for connections to two 500 kW standby generators. FUPIING: Funds for this project are available from the FY 2006 -2007 Wastewater Capital Improvement Budget. RECpMIIINDATION: Staff recommends approval of the motions as presented. Foster Crowell Director of Wastewater Services Ad ion Su port M rial: Exh it "A" Background Information Exhbit "B" Amendment No. 3 Exhibit "C" Change Order Summary Exhibit "D" Location Map tHOMEIRacheiie1GEMWastewaie07231 -0so Part 1 Amd t r 51Agenda Memo doc gef R. Escobar, P.E. 'rector of Engineering Services BACKGROUND INFORMATION SUBJECT: Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1 (Project No. 7231) AMEIME4T NO. 5 DESCRIPTION: This amendment will provide for an extension of constriction phase field engineering services presently being provided by Colwell & Associates Inc. (CAI) from July 1, 2007 to the expected contract completion date of October 17, 2007. Services include daily construction observation, weekly and monthly construction meetings, and review and preparation of any required construction change orders. This construction oversight is critical with the nature of this work on four major systems with eight circuits while still maintaining plant operations This amendment also includes electrical engineering design for an anticipated future change order to relocate and reconnect three existing SCADA radio transmitting units (RTU's) to the three new electrical control rooms (ECR's). This was requested by staff to add radio communications directly to the existing Pt. C's: enhancing the monitoring capabilities of the new systems. CHAFE ORDER NO. 4 DESCRIPTION: The current contract for Part 1 provides for electrical upgrades to the plant. The proposed change order provides additional electrical upgrade for connection of emergency standby generators at two locations. The electrical work includes installing 1,000 Amp circuit breakers, conduit, conductor cables and appurtenances to allow for hook up of two 500KVA generators. This electrical modification allows a safe and quick response to catastrophic power loss eliminating 12 to 14 hours of "hard wiring" under adverse conditions. This work is critical to minimize potential problems associated with power Toss which jeopardizes public safety with the loss of wastewater treatment process and pumping capacity. Continuous power at the plant is critical to sustain the biologic life forms for the treatment process A loss of power for 4 to 8 hours basically destroys the biological process. This upgrade was planned under the future Part 2 of this project, however two power losses within the last year nearly resulted in disrupting the biological process. Therefore City Staff is recommending immediately initiating this work. Adding this work to the existing construction contract is cost effective by avoiding additional costs such as mobilization /demobilzation and provides a single contractor for warranty issues. The change order still requires the contractor to complete the current work as scheduled and this additional work by October 17, 2007 PRO4CT 1CKGROUID: The Oso Water Reclamation Plant electrical system was originally installed in the early 1950s and later upgraded in the early 1980s. The system is a radial feed design and utilizes outdoor high voltage (12.47 kV) switchgear and underground cable distribution circuits, The equipment and cables are near the end of their useful life. The system has experienced several power failures and excessive maintenance and repair costs in recent years. 'HOME';..YNOAS\r1EN\Wastewa + er 3 t ()sr, ilectncac,Ar ne, o rent ry > 5 Agenda Background doc EXHIBIT "A" Page 1 of 3 The plant upgrades were developed in two parts. Part 1 of the project consists of the electrical upgrades for installation of three (3) electrical control rooms (ECR's) to replace the existing outdoor 12.47kV fused switches and indoor 480 volt motor control centers (MCC's) located throughout the Oso Water Reclamation Plant. Two riser poles will be used to transition from bare overhead circuit to underground circuit for the two incoming feeders. The incoming terminate in one of the new ECR's. Part 2 of the project will require future City Council approval of an A/E contract and construction contract for Part 2- Alternate Power Supply Systems (Project No. 7233). This project will provide an alternate power supply for the Oso Water Reclamation Plant to comply with federal and state regulations during emergency conditions and to ensure more reliable wastewater service to the City. This future project is currently scheduled in the FY 07 -08 Wastewater CIP PRI't COUNCIL ACTION: 1. October 21, 2003 - Motion authorizing the City Manager, or his designee, to execute a consultant contract with Colwell & Associates for a total fee not to exceed $360,639 for the Oso Wastewater Treatment Plant Electrical /Alternate Power Facility Upgrade. (Motion No. 2003 -373) 2. Aril 25, 2006. A. Ordinance appropriating $5,198,719 from the unappropriated interest earnings from Wastewater 1995A CIP Fund 4242 for the Oso Water Reclamation Plant Electrical/ Alternate Power Facility Upgrade Part 1; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $5,198,719. (Ordinance No. 026759) B. Motion authorizing the City Manager or his designee to execute a construction contract with R.S Black Civil Contractors Inc. / Machinery & Materials Inc. (a joint venture) of Corpus Christi, Texas, in the amount of $5,118,719 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1. (Motion No. 2006-132) C. Motion authorizing the City Manager, or his designee, to execute an electrical power agreement with American Electric Power (AEP) of Corpus Christi, Texas in the amount of $80,000 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1. (Motion No. 2006 -133) 3. September 19, 2006 Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No 026997) 4. Juary 16, 2007 - Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Colwell & Associates Inc. of Corpus Christi, Texas, in the amount of $73,485 for a restated fee of $469,483 for the Oso Water Reclamation Plant Electrical /Altemate Power Facility Upgrade Part 1 for additional construction inspection. (Motion No. 2007 -008) PRICt ADMINISTRATIVE ACTION: 1. FQbruary 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. M rch 13, 2002 — Addendum No 1 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects) to 42 engineering ■HOME\LYNIlAS\GEMWastewaer "23 t Elect a \Am.r +dmerr No. 5Wgenda Background doc EXHIBIT "A" Page 2 of 4 3. Mgrch 15, 2002 - Addendum No 2 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to42 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)to42 engineering firms (28 local and 14 out -of- town). 5. March Z8, 2002 - Addendum No. 4 to the Request for Qualifications (RFQ) No. 2002- 01 (Aviation, Street, Water, Wastewater, Gas Improvement Projects)to42 engineering firms (28 local and 14 out -of- town), 6. ARM 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. AgriI 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. Agust 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). March 24, 2005 Administrative approval of a Small A/E Agreement for Architect/Engineer Consultant Services with Donald R. Funderlic, P.E., in the amount of $9,180 for the Oso Wastewater Treatment Plant Facilities Electrical Upgrade. September 8, 2006 _ Administrative approval of Amendment No. 1 to the Contract for Professional Services with Colwell & Associates Inc. in the amount of $17,809 for a restated fee of $378,448 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1. 12. Switember 27, 2006 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with Colwell & Associates Inc. in the amount of $17,550 for a restated fee of $395,998 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1. 13. Dgcember 5, 2006 - Administrative approval of Change Order No. 1 to the construction contract with R.S. Black Civil Contractors Inc. /Machinery & Materials Inc. (a joint venture) of Corpus Christi, Texas. in the amount of -$0- for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1 for a time extension of 30 calendar days 14. January 15, 2007 - Administrative approval of Change Order No. 2 to the construction contract with R.S. Black Civil Contractors Inc. /Machinery & Materials Inc. (a joint venture) of Corpus Christi, Texas, in the amount of $24,998 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1. 15, February 22, 2007 - Administrative approval of Amendment No. 4 to the Contract for Professional Services with Colwell & Associates Inc. in the amount of $24,900 for a restated fee of $494,383 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1. 16. May 10, 2007 - Administrative approval of Change Order No. 3 to the construction contract with R.S. Black Civil Contractors Inc. /Machinery & Materials Inc. (a joint venture) of Corpus Christi, Texas, in the amount of $24,998 for the Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade Part 1. ' NOME \LYNDAS,GEN1Wastewat' 23 r Elect, :Arr.., dmert 'JD . 51Agenda Ba+kground -doc EXHIBIT "A" Page 3 of 3 AMENDMENT NO. 5 TO CONTRACT FOR PROFESSIONAL SERVICES This City of Corpus Christi, Texas hereinafter called "CITY", and CCIwji 8 Associates 1 .. hereinafter called "CONSULTANT", agree to the following amendment to the Contract for Professional Services for Oso Water P r F it , e Part 1— Facilities Electrical U rade as authorized and administratively amended: .a_ll Original Contract October 21 2003 Motion No. M2003 -373 $360 639.00 L frrendmant No. 1 September 8, 2006 September 27, 2006 Administrative Approval Administrative Approval $17 809.00 $17,550.00 Apendment No. 2 Aendnt No. 3 January 16, 2007 Motion No. 2007 -008 $73,485.00 Aidendment No. 4 February 22, 2007 Administrative Approval $24,900.00 EXHIBIT "A" SECTION 1. SCOPE OF SERVICES, PART A. BASIC SERVICES (Design, Bid and Colestrucion Phases) shall be modified by the additional tasks shown on the attached Exhibit "A" regsrding providing the necessary engineering services for the installation of standby electrical power at the Oso Water Reclamation Plant. • EXHIBIT "A" SECTION 3. FEES, PART C. SUMMARY OF FEES shall be modified by the attached Summary of Fees as shown in Exhibit "A -1." All other terms and conditions of the Contract and Amendments between the City and Consultant will remain in full farce and effect. CITY OF CORPUS CHRISTI Ronald f. Massey Date Assistant City Manager RECOMMENDED Angel Ft Escobar, P.E. Dale Director of Engineering Services ATTEST Armand' Chars, City Secretary APPRcWED AB TO FORM Assistaa City l tomey Date NAHOME1RaebN11etGEPAWastswateA 7231 -Oso Part 1%Amd No 'jWmd No 5 doc LL & ASSOCIATE NC. r/Ws 7 Michael E. Colwell, P.E., President Date 4444 Corona Dr., Suite 105 Corpus Christi, TX 78411 (361) 857 -7094 Office; (361) 851 -8179 Fax Project Number. 7231 Funding Source: 550950-4500- 00000 - 150168 Encumbrance Number. C.i.0 & ASSOCIATES, INC. Consulting Engineers Phone (361) 857 -7094 • Fax (361) 851 -8179 4444 Corona Drive, Suite 105 Corpus Christi, Texas 78411 May 23, 2007 Anger R. Escobar, P.E. Director of Engineering Services City of Corpus Christi P. O. Box 9277 Corpus Christi, Texas 78469 -9277 Subject: Oso Water Reclamation Plant Electrical/Alternate Power Facility Upgrade Part 1 Project No. 7231 Dear Mr. Escobar- Please find included herewith R.S. Black's change order in the total amount of $132,643.00 for electrical modifications to allow for connection of future temporary generators at ECR-4 and at ECR-LS2 and for demolition of an existing plant annunciator cabinet which is no longer in use. The current contract completion date is September 12, 2007 and this proposed change order will extend the total contract time by 35 days to October 17, 2007. R.S. Black's change order proposal is priced based upon the following stipulations: Final acceptance of the originally contacted work (including Change Orders 1, 2 and 3) will be made by the City separate from this change order when those portions of the work are complete. The expected completion date of that work is September 12, 2007 • Final payment and release of retention amounts for the originally contracted work (including Change Orders 1, 2 and 3) will be made upon final acceptance of that work as stated above • Contractor's warranty period for the originally contracted work (including Change Orders 1, 2 and 3) will begin upon final acceptance of that work as stated above. • Contractor will discontinue the insurance installation floater for the original contract amount upon final acceptance by the City as described above. • City's approval of this change order by May 29, 2007 Our current contract for A/E services provides for on site inspection and coordination and for contract administration services through June 30, 2007. We will need a contract Exhibit A Page 1 of 4 City of Corpus Christi Page 2 of 2 May 23, 2007 amendment in the amount of $67,135 to extend these services through the proposed contract completion date. This amount also includes engineering time for an anticipated future change order requested by Bob Carle to relocate and reconnect 3 existing SCADA RTU's to the 3 new ECR buildings and to add radio communications directly to the existing Bisulfate and Sodium Hypochlorite programmable logic controller's (PLC's), thereby converting this equipment to a new RTU location. The total cost for our Amendment No. 5 is $67,135 which will bring the total cost of Basic and Additional Services under this A/E contract to $ 561, 518.00 Respectfully, Colwell & Associates, Inc. Michael E. Colwell, P.E. Presidett Exhibit A Page 2 of 4 OSO WATER RECLAMATION PLANT - ELECTRICAL / ALTERNATE POWER FACIUTY UPGRADE (7231) HOURLY BREAKDOWN COLWELL & ASSOCIATES, INC. - CONTRACT AMENDMENT NO. 5 O J 0 Total Cost N N N N N N N N N 223 TOTAL COST: $ 31,665 $ 135 . g r N 2 r N LK U C N M0 N 4 N p IiD N O C S 8 N 3 O r o m co a0 20 0 W a! M CAD a0 N 0 N N g N O Nr N N N N M N N N N N N 12 N 6 N N Q N N V Inspector - Daily Service & Monthly Meetings N N c • 0 W c • E c 15 'Inspector - Weekly Meeting I Engineer - Pay Estimates for Construction Observation (6 hours per month total) N N N N C a o t 111 Engineer - Consultation, Meetings, l Site Visits, C /O's To o W ll Engineer - Weekly Meeting _ Engineer - Pay Estimates for Construction Observation (6 hours per month total) CC `o p c c 1 N 0� w t.? c g C a W M G 0 Total Cost of N is N N N N 174 TOTAL COST: $ 17,4401 i .1 A W $ 135 g r N 2 r N LK U C N N O C S 100 3 O r V m r- °a g 20 0 N co f� a o g N 0 N N g N O N °a N N N N 12 N w 3 c O a° w Ii O C c I a al 0 V Inspector - Daily Service & Monthly Meetings Engineer - Consultation, Meetings, Site Visits, C/O's c • 0 W c • E c 15 'Inspector - Weekly Meeting 1 , Engineer - Pay Estimates for Construction Observation (6 hours per month total) u0 z m E 0 E A I Exhibit A Page 3 of 4 LI Total Cost N N $ 4,3201 N N N N OW VO I N r Cost/Hour Engineer $ 135 $ 135 8 N 8 N r N in W 111 TOTAL COST: J a0 N 8 8 N Is 800 381 0 0 2 m v m m If O m O N m O co 0 0 N M N o N m O N O I O II- NM t0 h- 3 CB O N N O Is O v. 0 N CO 09/09/07_ N O F.: O O 0,101 m CNN Week Ending onstruction Observation (Original (Engineer - Consultation, Meetings, Site Visits, C/O's a c 211 X33 11.1 _ "Y' y - fe i, si ngs, Ito Visits, C/O's 'Inspector - Weekly Meeting r(6 o ngineer - Pay Estimates for nstruction Observation hours per month total) Total Cost I N N N N N N wa N 1► N 11 $ 135 8 N 8 N 69 TOTAL COST: p . a `SYpt1 A C a0 N 8 N O0 x 381 18 m v m O co 0 0 I O II- t0 N N m Is O v. 0 N mr. CO N O F.: O O N m CNN Week Ending onstruction Observation (Original (Engineer - Consultation, Meetings, Site Visits, C/O's a c 211 X33 11.1 I 2 i W rnginser - Pay Estimates for Constnx4lon Observation 8 hours per month total) RV IM m 0.446.4. 6iiiii p ddd Z Z Z Z H Li 7zzz ww 441/ W WWw LL w IL 2ZFI- c -W ZJM W W • W O O W O Z oPo 4WF 151 } w• mo Z • O gog -1.,1 O ▪ Q 00- • - O t- n M N N 111 W Z W J OF'W Sifin gieW O S 0 O -J J OC 4t- 1-0 O1— Exhibit A Page 4 of 4 0341 Amendment No. 5 (b) N ^ W N W ILI r- 0 Z �. m N 4 0 $14,903.00 1 243,144.001 a~cc94 � mO ti 1 315,002.001 550.00 1,925.00 2,475.00 0 ti000 0 N °o 0 ROcO 00 CC) C) OO 1 160,590.001 000 00 qr) ,�O 0) 00 00 r- 1�O 1 246,516.001 $561,518.00 co O Z • 00000►) 0 N N. 0 0 O r O 0000 000 1 42,920.1 S 000 8 8 000 8 0N) 8 �A N O Z O 0 6 L 15, 552.001 Q � 0 ao 0 0 00 rn N 0 0 0 0 0 8 0 0 C 0 O 0 0 0 0 8 0 0 0 0 0 O O O O O O 8 Q M O z 0 O O6 O 0 O 0 00.0 - ( O O, 0 0 0 0 0 0 0 0 0 0 0 0 0 0 73,485.001 O 0 O 0 00'0 0.00 0.00 73,485.00 O id ti N IAMD. NO. 2 O ( 0.00 O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O X42 N. O r- O 10 P. N AMD. NO. 1_ i O 000 O p 0.00 O o 0 0 0 0o00oo6ui0o. p 0 0 p p CO p p o 0 0 0 000 is 1 $17,809.001 ORIGINAL L CONTRACT_ `8 rpi 01 E� ( 210,392.00 0 A 34,865.00 CD O r- COO (OC^ N 550.00 1,925.00 2,475.00 O ti 8OMM� c7 N 8800880 0000000 1� id ai A W.gg , 0.00 0.00 94,752.00 O �Oyi 2 p 8 co w (BASIC SERVICES [Preliminary Phase Design Phase 1 Construction Phase 1 1 1 TIONAL SERVICES Permit Preparation TCEQ TDLR Total Permitting Topographic Survey Electrical Survey and Documentation Computer Modeling and Analysis Factory Submittal Review and Inspection Construction Observation Services Start-Up Services Warranty Phase Coordination of AEP Agreement Witnessing and Inspection of Major Equipment Lifts Inspection During Electrical Outages Subtotal Additional Services 'TOTAL AUTHORIZED FEE ,- NM's s- N Cnst14)(0N-(00) O"- H:\ HOME\LYNDAS\GEN \Wastewater\7231 •Oso Electrical\Amendment No. 5 \Su C....11.31.14. A_4 Department of Engineering Services Change Order Summary Sheet May 24, 2007 PRO3$CT: Oso Water Reclamation Plant Electrical /Alternate Power Facility Upgrade /Part 1 Project No: 7231 APPROVED: City Council on 4/25/06 - Motion No. M2006 -132 CONTRACTOR: R. S. Black Civil Contractors, Inc./ Machinery & Materials, Inc., A Joint Venture P. O. Box 6218 Corpus Christi, TX 78466 -6218 TOTAL CONTRACT AMOUNT 25% Limit Amount ......... Change Order No. 1 (10/23/06) Change Order No. 2 Change Order No. 3 .......... Change Order No. 4 (Council) Total $5,118,719.00 1,279, 679.75 0.00 24, 998.00 23,491.00 132, 643.00 181,132.00= 3.54% < 25% EXHIBIT "C" Mproject \coc,ncioexhobitS\ext, zi aw PRQJECT4o. 7 1 LOCATION MAP NOT TO SCALE EXHIBIT 17 030 WATER RECLAMATION PLANT ELECIIIMAL/ALTERNATE POWER FACILITY UPGRADE PART 1 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05-23-2007 10 AGENDA MEMORANDUM City Council Action Date: May 29, 2007 SUBJECT: Choke Canyon Dam Improvement Project — Amendment No. 3 Project No. 8407 Outlet Works Repair Project No 8408 Intake Tower Trash Rack AGENDA ITEM: a Ordinance appropriating $65,000 from the reserve for maintenance in the No. 4050 Choke Canyon Dam Maintenance Reserve Fund for Engineering Construction Services associated with maintenance repairs; transferring to and appropriating in the No. 4080 Water CIP Fund; amending Ordinance No. 026908 which adopted the FY2006 -2007 Operating budget, increasing the approved budget by $65,000; amending Ordinance 026997, which approved the FY 2006 -07 Capital Budget, increasing the approved budget by $65,000; and declaring an emergency. b Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract for Engineering Services with Freese & Nichols, Inc. of Austin, Texas in the amount of $65,000 for a restated fee of $537,032 for the Choke Canyon Dam Improvement Project ISSN: The Choke Canyon Dam facility must be maintained according to specifications established by the United States Bureau of Reclamation (USBR). As the owner of the dam, the USBR inspects the structure for potential problems and necessary maintenance requirements. This amendment to the existing contract with Freese & Nichols Inc. is necessary to meet the USBR's maintenance requirements. FUNDING: Funding for this project is available upon appropriation. REC MM DA , ION: Staff recommends approval of the items as presented. i Director of Water Services ZL 03/07 el R. Escobar, P.E. Director of Engineering Services Add*onaii Support Material: Exhibit "A" Background Information Exhibit "B" Contract Summary Exhibit "C" Location Map - Choke Canyon Dam H \HOMEWEVINSIGENwATER184 37840884E-9ChokeCanyo! uAEAmd3Memo. doc BACKGROUND INFORMATION SUBJECT: Choke Canyon Dam Improvement Project — Amendment No. 3 Project No 8407 Outlet Works Repair Project No 8408 Intake Tower Trash Rack CON'ACT AMENDMENT: The amendment provides for the following services: Outlet Works Repair - Construction Phase • Ste- contract underwater services required for commissioning of the deflector installed in the river outlet works. • Provide the services of a diving crew to install, operate, and remove of a velocity probe in the river outlet works basin in connection with the deflector commissioning. • Provide seven additional visits to the construction site to observe the progress and the quality of the concrete repair work and to determine in general if the work is proceeding in accordance with the construction contract documents. Additional visits are necessary due to additional concrete repair areas identified during construction. Intake Tower Trash Rack Design Phase • Prepare technical specifications for cathodic protection including type, quantity, and location of protection on bottom trash rack. • Prepare construction documents to replace the trash rack support bolts. Construction Phase • Provide diving services for performance of the cathodic protection installation. • Specify fabrication of anode assemblies and furnish to Diving Contractor for installation. • Provide diving services for performance of the bolt replacement installation. • Specify fabrication of bolt replacement device and furnish to Diving Contractor for installation. A contract summary is attached See Exhibit B. FRE AI) NICHOLS: Freese and Nichols, Inc. of Fort Worth, Texas was selected to perforim engineering services associated with work at Choke Canyon Dam by the RFQ 2002 -01 selection process. The selection was based on qualifications as required by the Engineering Practices Act. Freese and Nichols, Inc. is a large engineering firm with an extremely strong geotechnical and reservoir capability. They led the program which resulted in the Wesley Seale Dam Stabilization project_ They were awarded the engineering contract for Choke Canyon Dam during February 2003. The engineering contract for Choke Canyon involves a number of projects. The actual work that results from the contract is competitively bid unless highly technical or specialize services are required that are not suitable for competitive bidding. An evaluation is made on each project to determine if any portion cannot be effectively bid. These have typically included underwater inspection and diving services, computer programming and documentation (SCADA etc EXHIBIT "A" Page 1 of 4 :HOME VKEV,NS'GENVWATERVna; 840884 <> moke o ^ - -;;_ Amd 3lk.atxhA doc CONTRACTING ALTERNATIVES: The Local Government Code and Engineering Practices Act outline the acceptable methods for delivery of services. The Local Government Code and Engineer Practices Act permit contracts to be modified by amerximent (professional services) or change order (public works). The Local Government Code encourages the aggregation of projects and costs to provide greater transparency. Separating or dividing projects to avoid competitive bidding is a violation Section 252 of the Local Government Code. It has been the policy of the City to utilize amendments and change orders to aggregate project costs to ensure compliance with applicable statutes and policies. Professional service contracts are not subject to competitive bid. The selection process for engineering contracts must be based on qualifications in accordance with the Engineering Practices Act. Modifications of professional service contracts are addressed through amendment of the contract rather than change orders that are specific to construction contracts Amendments are not subject to a 25% limit of the original contract amount. However amendments exceeding $25,000.00 require Council approval. PRO4ECT BACKGROUND: The Choke Canyon Dam facility must be maintained according to specifications established by the United States Bureau of Reclamation (USBR). As the owner of the dam, the USBR inspects the structure for potential problems and necessary maintenance requirements. Originally, the Comprehensive Facility Review Program identified the following issues that needed to be addressed: • River Outlet Works Repair consisted of the re- evaluation of the river outlet works chute and stilling basins and repair of the 99 -inch steel outlet works pipe and the 20- inch bypass pipe at the jet flow gate. Trash Rack Repair and High Level Alarm Installation involved rehabilitation of the metal trash racks and cathodic protection to minimize future corrosion, as well as installation of a high water alarm in the outlet works conduit to provide for SCADA reporting of alarms. Spillway Radial Gates Repair involved recoating the spillway radial gates. PRO4ECTAESCRIPTION: Outlet Works - The concrete in the spillway and outlet works is in need of repair The spillway damage appears to have been caused by thermal expansion and the outlet works damage was caused by abrasion. Freese and Nichols, together with the USBR, investigated and prepared construction documents for the repair. The damaged concrete is being replaced in both the spillway and the outlet works. A safety boom was also installed around the outlet works intake structure. The deflector was fabricated and installed in the outlet works in conjunction with the concrete repairs. Intake Tower Trash Rack — The project provides for the rehabilitation /replacement of the metal trash racks and installation of cathodic protection to minimize corrosion. The project also included installation of a 'sigh water alarm in the outlet works with all necessary monitoring equipment to allow SCADA reporting of alarms to Wesley Seale Dam. PRICe COUNCIL ACTION: 1 February 11, 2003 - Motion authorizing the City Manager, or his designee, to execute a consultant contract with Freese and Nichols in the amount of $181,582 for the Choke EXHIBIT "A" Page 2 of 4 '7) EWE `.i.NS,,GEMWATFR ',8)840884 :,,,Chokei:anao ,AEAmd., HkgExhAAOc Canyon Dam Improvements as follows: River Outlet Works Repair (Project No. 8407); Site Improvements -Trash Rack Repair (Project No. 8408) and High Level Alarm (Project No 8409): and Spillway Radial Gates Repair (Project No. 8411). (Motion No. 2003 -055) 3, December 14, 2004 - Ordinance appropriating $314,450 from the unappropriated interest earnings from Choke Canyon Fund 4050, Reserved for Choke Canyon Maintenance Account 251400; transferring to and appropriating in Water CIP Fund 40X0 for the Choke Canyon Dam Improvement Project; amending capital budget adopted by Ordinance No 025647, and operating budget adopted by Ordinance No. 025878 by increasing appropriations by $314,450 each. (Ordinance No. 026063) 4 December 14, 2004 Motion authorizing the City Manager or his designee to execute Amendment No 1 to the Contract for Professional Services with Freese & Nichols, Inc. of Austin, Texas in the amount of $314,450 for a restated fee of $496,032 for the Choke Canyon Dam Improvement Project. (Motion No. 2004 -445) 5. November 8, 2005 - Motion authorizing the City Manager, or his designee, to award a construction contract to Angelos Painting, Inc. from Manvel, Texas in the amount of $113.000 for the Choke Canyon Dam Gate Hoist Protective Coating Replacement. (Motion No 2005 -382) 6. May 16, 2006 a. Ordinance appropriating $309,038 from the Reserve for Choke Canyon Maintenance in the No. 4050 Choke Canyon Fund, transferring to and appropriating into the No 4080 Water Capital Improvement Fund for maintenance of the Choke Canyon Dam, as required by the Bureau of Reclamation; amending the FY 2005 -06 Operating Budget adopted by Ordinance No. 026385 by increasing appropriations by $309,038, and amending Ordinance No. 026188, as previously amended, which approved the FY 2004 -05 Capital Budget, by increasing the amount approved by $309,038, and declaring an emergency. (Ordinance No. 026779) b. Motion authorizing the City Manager, or his designee, to award a construction contract to Holloman Corp. of Converse, Texas in the amount of $309,038.00 for the Choke Canyon Darr Spillway and Outlet Works Concrete Repair — Rebid. (Motion No 2006 -145) PRIi ADMINISTRATIVE ACTION: 1. Fruary 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. Merch 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) EXHIBIT "A" Page 3 of 4 NOMEKEVINS`.GEMWA ?E ,y,, A Am,PBKEExhA aoc 6. June 5, 2006 - Administrative Award of Amendment No. 2 to Freese and Nichols in the amount of $25.000 for Phase 2 Services for the high water alarm SCADA system. Fe ruary 7, 2007 - Administrative Award of Change Order No. 1 to Holloman Corporation in the amount of $19.432.80 for additional concrete placement in outlet works EXHIBIT "A" Page 4 of 4 N}HOMEHNEVINSIGENIWATER1847 7840884 09i;hokeCanyonAEAmd39kgExhA doc CONTRACT SUMMARY Section 2 SCOPE OF SERVICES, Paragraph A., ADDITIONAL SERVICES, shall be modified by adding the additional paragraphs shown in Exhibit "A -3 ". Section 5 Fee is amended by the revision of the Summary of Fees attached as Exhibit "A- 3" EXHIBIT A -3 OutlettWorks Repair — Project No. 8407 1) Construction Phase a) Assist the City and the USBR with underwater services required for commissioning of the deflector installed in the river outlet works. b) Provide the services of a diving crew to assist the City with the installation, operation, and removal of a velocity probe in the river outlet works basin in connection with the deflector commissioning. c i Provide seven additional visits to the construction site to observe the progress and the quality of the concrete repair work and to determine in general if the work is proceeding in accordance with the construction contract documents. Additional visits are necessary due to additional concrete repair areas identified during construction Intakejowyr — Project No. 8408 1) Design Phase a) Prepare technical specifications for cathodic protection including type, quantity, and location of protection on bottom trash rack. b) Prepare construction documents to replace the trash rack support bolts. 2) Construction Phase a) Provide diving services for performance of the cathodic protection installation. b) Fabricate anode assemblies and furnish to Diving Contractor for installation. c) Provide diving services for performance of the bolt replacement installation. d) Fabricate bolt replacement device and furnish to Diving Contractor for installation. 3. FEES Fee for Basic Services Original Contract Fee $181,582 Amendment No. 1 $315,450 Amendment No. 2 $25,000 Amendment No. 3 Intake Tower Trash Rack Cathodic Protection (8408) $10,000 Intake Tower Trash Rack Support Bolt Replacement (8408) $40,000 Outlet Works Repair (8407) $15,000 Total Amendment No. 3 Fee $65,000 Total Authorized Fee $587,032 Exhibit B Pa•e1of1 =ife ,Mproject\councilexhibits exh8407/8408,dwg ICHOKE CANYON RESERVOIR' -- THREE RIVERS GEORGE WEST \7 LAKE \ CORPUMS CHRISM WESLEY SEALE DAM MATHIS l LAKE TEXANA 59 77 BLOOMINGTON SEADRIFT MARY RHODES PIPELINE WOODSBORO NUECES RIVER PROJEC ?NO. $407/08 ON STEVENS; WATER PLANT 37 CORPUS CHRISTI LOCATION MAP NOT TO SCALE 10 t CHOP CANYON DAM IMP. PROJECT lOUTIE?WORKS REPAIR/INTAKE TOWER TRASH RACK (AMENDMENT NO. 3) EXHIBIT "C- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, DEPARTMENT OF ENGINEERING SE CES PAGE: 1 of 1 DATE: 05 -11 -2007 ORDINANCE APPROPRIATING $65,000 FROM THE RESERVE FOR MAINTENANCE IN THE NO. 4050 CHOKE CANYON DAM MAINTENANCE RESERVE FUND FOR ENGINEERING CONSTRUCTION SERVICES ASSOCIATED WITH MAINTENANCE REPAIRS; TRANSFERRING TO AND APPROPRIATING IN THE NO. 4080 WATER CIP FUND; AMENDING ORDINANCE NO. 026908 WHICH ADOPTED THE FY2006 -2007 OPERATING BUDGET, * ICREASING THE APPROVED BUDGET BY $65,000; AMENDING ORDINANCE 026997, WHICH APPROVED THE FY 2006 -07 CAPITAL $UDGET, INCREASING THE APPROVED BUDGET BY $65,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $65,000 from the reserve for maintenance in the No. 4050 Choke Canyon Dam Maintenance Reserve Fund is appropriated for Engineering Construction Services associated with maintenance repairs. SECTION 2. The amount of $65.000 is transferred to and appropriated in the No. 4080 Water CIP Fund SECTION 3. Ordinance No. 026908, which adopted the FY2006 -2007 Operating budget, is amended by increasing the approved budget by $65,000. SECTION 4. Ordinance 026997, which approved the FY 2006 -07 Capital Budget, is amended by increasing the approved budget by $65,000. SECTION 5. 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 29th day of May, 2007. ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APP ED AS TO FORM: 22- May-07 Pvt Veronica Ocanas Assistat t City Attorney for City Attorney _EG- DIR \VeronicaOli ENG\AGENDA ITEMS12007 agenda iterrs\VO 07 ORD. App .$65KChokeCanyon.05- 29- 07.doc Page 1 of 2 Corpus Christi, Texas Day of 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council Respectfully. Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry EI¢ondo, Sr. Mike Htnmell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon _EG- DIR\VeronicaOl1 E$G\AGENDA ITEMS12007 agenda items \VO 07.ORD. App .$65KChokeCanyon.05- 29- 07.doc Page 2 of 2 11 AGENDA MEMORANDUM City Council Action Date: May 29, 2007 SUBJECT: Master Channel 27 Drainage Improvements (Project No. 2263) BOND ISSUE 2004 AGEN.► MBA: Motion authorizing the City Manager, or his designee, to execute a Construction Management Services Contract with Anderson Group Construction Management Company of Corpus Christi, Texas in the amount of $199,350.00 for the Master Channel 27 Drainage Project. ISSUE: Construction observation and inspection services are necessary to ensure the project Is butt in accordance with contract documents, plans and specifications. FU : Funds for this project are available in the Fiscal Year 2006 -07 Capital Impro nt Budget. RECOIOMENDATION: Staff recommends approval of the motion as presented. Va en = �: y, ' .E. J /fit /�7 gel R. Escobar, P.E. Director of Stan Water Services 'rector of Engineering Services . . rt Mated: ExhL it ;A" - : M ground Information Exhibit ''B" Contract Summary Exhibit "C" Location Map HAHOMMLYNDAMENIStormwater122133 - Master Channel 271Construction ObservationlAGCMConstrucMemo.doc ADDITIONAL INFORMATION SUBJECT: Master Channel 27 Improvements (Project 2263) CONSTRUCTION MANAGEMENT: The contract provides for construction observation and inspection that is necessary to ensure the project is built in accordance with contract documents, plans and specifications. This contract provides for construction observation and inspection services for approximately 19 months. The services are on an as needed basis and do not include full time resident inspection services, Payment will be authorized only for actual hours worked. This project is being coordinated with the Bond Issue 2004 Cimarron Road Street Reconstruction Project Phase 1 The construction management services for this contract will be extended to include Cimarron Phase 1 upon award of the construction contract. The construction contract award is projected to be presented to City Council in the July 2007 time frame and will have a construction period of 24 months. A summary of the contract for Master Channel 27 Construction Observation is attached as Exhibit B. Anderson Group Construction Management (AGCM) is a Corpus Christi firm that has wide ranging experience with construction projects. They have been involved with numerous private and public construction projects. They have been the construction manager for the City on The Rincon Delta Pumping Plant and Pipeline, Whataburger Field, the American Bank Center Arena and Convention Expansion. PRO,CT: The project will extend Master Channel 27 and enlarge its drainage service area. This will alleviate flooding by reducing the areas served by the Mary Carroll Channel and Master Channel 31, The project will result in Master Channel 27 beginning at Cimarron Boulevard with the Cimarron Outfall and discharging into Cayo del Oso. The project consists of construction of approximately 15,400 linear feet of storm water drainage improvements including approximately 130,000 cubic yards of channel excavation; 135,182 SF of reinforced concrete slope protection and safety end treatment (riprap); 12,000 LF of new 6' -wide to 12' -wide reinforced concrete box culverts; 1472 LF of new 24" to 54" reinforced concrete storm sewer pipes, inlets and junction boxes; 1823 LF of new 6 ". 8 ", 10" and 12" PVC wastewater gravity lines and fiberglass manholes; 364 LF of new 8" and 12" PVC waterlines and appurtenances; minor pavement repairs and pavement markings; finish grading; topsoil and seeding; and traffic controls. BACI!GROND: Continued development on the south side required a reassessment of drainage requirements for the area. Currently, three major storm water channels service this area- -the Mary Carroll Channel and Master Channels 20 and 31. These channels are conveying storm water flows beyond their respective capacities and are limited, from 5 -year (ditch) and 25 -year (structures) storm events resulting in frequent flooding. H: 1HOME \LYNDAS\GEN \Stormwatert2263 - Master Channel 27 \Construction Observation \AGCMConstrucBkgExhA.doc EXHIBIT "A" Page 1 of 2 As a result of the Cimarron Boulevard hydraulic analysis, it was determined that the 1961 Storm Water Master Plan for the area required modification of Master Channel 27 to alleviate flooding. Increasing the Master Channel 27 service area would allow the drainage areas for the Mary Carroll Channel and Master Channel 31 to be reduced. This will result alleviate flooding and reduce the frequency and severity of future flood events. Master Channel 27 Improvements will provide the capacity to accommodate a 100 -year flood event. The channel is designed with 4:1 side slopes to facilitate maintenance and mowing of the channel. The channel design also provides a concrete pilot channel to facilitate low flow conditions and to minimize maintenance. PRIOC COUNCIL ACTION: September 20, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 5 to the Contract for Professional Services with Maverick Engineering in the amount of $1,143,024 for a restated total fee of $3,028,719 to add Master Channel 27 Improvements to the Engineering Contract for Cimarron Boulevard. (M2006 -324). Mardi 27, 407 - Motion authorizing the City Manager, or his designee, to execute a Construction Management Services Contract with Anderson Group Construction Management Company of Corpus Christi, Texas in the amount of $199,350.00 for the Master Channel 27 Drainage Project (M2007 -087). PRIO 4', ADUNISTRATIVE ACTION: February 9. 2007 - Award of a geotechnical services contract to Rock Engineering and Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $3,800.00 for the Master Channel 27 Improvements. FUTILE CJNCIL ACTION: Council award of any necessary change orders. CONIPACT TERMS: The contract provides for the project to be completed in 392 calendar days after the notice to proceed. Liquidated damages are set at $400.00 per day. Completion is anticipated during June /July of 2008. FUNI'NG: Funding is available from the Storm Water CIP Program. H : \HOMl ILYNDASSGEN\Stormwater \2263 - Master Channel 27 \Construction ObservationlAGCMConstrucBkgExhA .doc EXHIBIT "A" Page 2 of 2 CONTRACT SUMMARY SCOPE OF PROGRAM The "Consultant" will provide quality assurance and construction phase inspection for the Master Channel 27 Project (Project No. 2263) beginning at Cimarron Boulevard with the Cimarron Outfall and discharging into Cayo del Oso. The project consists of construction of approximately 15,400 linear feet of storm water drainage improvements including approximately 173,224 cubic yards of channel excavation; 135,182 square feet of reinforced concrete slop protection and safety end treatment (riprap); 7,232 linear feet of new 5 -ft. wide to 12 -ft. wide reinforced concrete box culverts; 1,472 linear feet of new 24 -in. to 54 -in. reinforced concrete storm water pipes, inlets and :unction boxes 1 823 linear feet of new 6 -in., 8 -in., and 12 -in. PVC wastewater gravity lines and fiberglass manholes; 364 linear feet of new 8 -in. and 12 -in. PVC waterlines and appurtenances; minor pavement repairs and pavement markings; finish grading; topsoil placement and seeding and temporary traffic control. and other appurtenances. SCOPE OF SERVICES The Consultant hereby agrees to perforrn services outlined below for purposes of this contract. The summary of these tasks and se: ,aces s as follows BASIC SERVICES A Construction Phase Serv,ces Construction Phase _. The anticipated duration of construction is nineteen (19) months for the project. The Consultant shall complete the following tasks and those additional tasks listed as Exhibit A during the construction phase: develop construction management and project controls including forms, tracking, reporting, and data management systems; provide cost management assistance, maintain and revise project schedules and critical path systems; provide field oversight and quality assurance on a continuous resident representative basis; develop a project safety system; r identify and °eport to the contractor and City staff any observed safety deficiencies and violations.. assist in assuring subcontractor coordination is maintained; attend and represent the City Engineer at meetings between the contractor, City Engineer, Design Engineer and other interested parties; maintain a log of materials and other submittals customarily provided by the Contractor or required by contract documents during the course of construction by the contractor and ensure they are distributed to the Design Engineer for review and approval and that materials and submittals are properly distributed upon approval including two field copies and one record of submittal data is provided to the City Engineer (the construction contract documents will provide for the contractor to pay the cost for any approval, materials or other submittals requiring more than two (2) reviews by the Consultant). The Consultant's review or approval of Contractor's submittals such as shop drawings, product data and samples shall only be for the limited purpose of checking for general conformance with the visual design concept expressed ,r the contract documents. The Consultant shall not be responsible for any deviations between the shop drawings, the contract documents, and field conditions; maintain a log of requests for information; provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price or the duration of the construction contract and are not contrary to the general interest of the City under the ,contract. review and evaluate any change order proposals that may be necessary during the progress of the work Including a recommendation to accept or reject; 3 consult with the City Engineer and advise during construction and confer with City staff and other governrnental authorities as needed; 4 make necessary visits to the site(s) of the project, work in cooperation with the City Engineer and his /her representative (Project Manager) and contractor to observe the general progress and quality of work and determine, in general, if the work is being done in accordance with the contract documents and In accordance with the quantities of work represented in current contractor requests for payment. Full time resident observation is not anticipated to be HOME \KEV INS \GEN \S1ORMWA r12263Mas: erChannel27 1AGCMConstrucSumExhB.doc Exhibit B Pa•e1of3 SEE necessary . 7 he Consultant will adjust their time on site to the level needed to perform the required tasks and ensure the project is properly constructed in accordance with the contract documents, plans and specifications. 15 complete and maintain a log of daily reports and field observations including activity observed. number of personnel on site, equipment in operation, equipment not being utilized, weather and other relevant observations; travel it Corpus Christ and its environs, as necessary for accomplishment of services under this contract and the consultant is not responsible for the contractor's means and methods of construction. Fee for Basic Services Authorized. The City will pay the Consultant a not to exceed fee of $199,350 00 for providing services specified in Section II.A. The fee will be full and total compensation for services and for all expenses incurred in performing these services. Invoices will be based aeon the Consultant's record actual hours of services completed at the time of billing H .1 HOME\ KEVINSIGEN\ STORMWAT\ 2263MasterChanne1271AGCMConstrucSumExhB .doc Exhibit B Page 2 of 3 Summ r of Authorized Fees Task No. Description A Construction Phase Services Total Fee $199,350.00 Hourly Rates Year 2007 2008 Total Fee $199,350.00 Position Rate/Hour Quality Assurance Inspector $75.00 Quality Assurance Inspector $79.00 \HONACKEVINS1GEN\STORMWA T\2263MasterChanne127NAGCMConstrucSumExhB.doc Exhibit B Page 3 of 3 ,Mproject\4ouncilexhibrts \exht263c.owg LOCATION MAP NOT TO SCALE CITY PROJECT No. 2263 VICINITY MAP NOT TO SCALE EXHIBIT 'C' !WAVER CHANNEL 27 DRAINAGE IMPRC IIENTS (Bond Issue 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05 -18 -2007 w+� 12 AGENDA MEMORANDUM Mav 29, 2007 SUBJECT: Garcia Arts Center Area Street Improvement Project (#6133/6134) Land Exchange, Parcel 11 — Neighborhood Centers of CC AGEPIDA ITEM: Ordinance authorizing the approval of a Land Exchange Agreement betwten the City of Corpus Christi and Neighborhood Centers of Corpus Christi, Inc. for the exchange of .2023 acres owned by the City out of Lot 2-A, Lawnview Annex and Lots 8,9,12, & 13, Block 4, Luter Partition, located at the intersection of Eighteenth and Marguerite Streets, in exchange for .2023 acres owned by the Neighborhood Center out of Lot 3, Lawnview Annex, located at 2020 Marguerite Street; approving closing costs not to exceed $2,500; authorizing the City Manager or his designee to execute the Exchange Agreement and a Exchange Deed necessary for the land exchange, all in connection with Parcel 11 of the Garcia Arts Center Area Street Improvement Project (#613316134); and declaring an emergency ISSUE: This Community Development Block Grant (CDBG) street project involves the recortruction and widening of 17m, 18th, and Marguerite Streets in the general area of the Garcia Arts Education Center facility located at 2021 Agnes Street. Acquisition of eleven parcels of land along 18th and Marguerite Streets are needed for the construction of the proposed improvements Ten parcels have been acquired to date. Parcel 11, consisting of 937.5 square feet, is required from the Neighborhood Centers of Corpus Christi ( "Center ") for the proposed street right -of -way improvements. The City and the Center have proposed to exchange equal amounts of land. An Exchange Agreement has been executed by the Center which requires City Council approval. REWIRED COUNCIL ACTION: Conveyances and exchanges of City property require City Council approval. FUNDS: Funding available in the current CDBG Budget. RECOMMENDATION: Approval of the ordinance as presented. Daniel Gallegds, Jr. e 10 y- /s7 gel R. Escobar, P. E. Community Development Administrator Director of Engineering Services Attachments: Exhibit A. Background Information Exhibit B. Parcel Location Map Exhibit C Tracts to be Exchanged Exhibl D Proposed Lot Configurations Exhibit E Exchange Contract Summary E1 \HOME\EUSEBIOG \GEN\Agenda !tems\Garcia Arts Neighborhood CenterlAgenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Garcia Arts Center Area Street Improvement Project ( #613316134) Land Exchange with Neighborhood Centers of CC, Parcel 11 PRO.lCT BACKGROUND: The Garcia Arts Education Center, formerly the Hispanic Arts Center, is located at 2021 Agnes Street. Street sections of 17th Street, 18th Street, and Marguerite Street around the Garcia Arts Education Center are characterized with narrow pavement widths and road -side ditches that were constructed many years ago. Phase 2 of the project involves the design and right -of -way acquisition for street widening and improvements on portions of 17th, 18th, and Marguerite Streets. The new improvements will include new curbs, gutters, sidewalks, driveways, underground storm sewers, and some utility relocations. Eleven parcels of land were identified by the project consultant, HDR Engineering, as being required for construction of the planned improvements. Five of the parcels required acquisition of the entire property, including relocation of the sellers. A public meeting was held on July 24, 2003 in which residents of the area met at the Garcia Arts Center to hear a presentation by City staff regarding the project. City staff began negotiations shortly thereafter based on appraisal values. Ten of the eleven parcels have been acquired. The remaining Parcel 11, shown on Exhibit B, is owned by the Neighborhood Centers of Corpus Christi. The new street design involves acquiring 937.5 square feet from the Neighborhood Center property This acquisition of this and will result in severing a portion of their existing school building. Through CDBG funding, the Center will now be reconstructing their building on a new lot which will be created as a result of the land exchange. The new proposed lot will be located at the corner of 1 8th and Marguerite Streets, which is adjacent to their current lot. The City and the Neighborhood Center will be exchanging an equal amount of land in order to restore the Center's land to its original size. Exhibit C shows the two tracts of land to be exchanged, each containing .2023 acres. Tract 1 will be conveyed to the Center and Tract 2 to the City. This exchange will convert the Center's existing "L-shaped" lot into a rectangular shaped lot containing 13,000 square feet as shown on Exhibit D. Upon completion of the and exchange, a replat will be done of all the City's remaining lands and newly acquired lots along with the Center's new rectangular lot. The Neighborhood Center and the City have executed an Exchange Agreement containing the terms of the exchange. The Exchange Agreement is summarized in the attached Exhibit E. Upon approval by City Council, the Exchange Agreement will be escrowed at San Jacinto Title Services. PRIOR COUNCIL ACTION: May 9, 2000 — Approval or the FY 2000 -2001 Community Development Block Grant (CDBG) Program (Resolution No. 024036). 2 October 18, 2000 — Distribution of Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. EXHIBIT A 1 of 2 -j. November 10, 2000 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4 ,January 10 2001 -• Addendum No. 2 to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 5 March 23, 2001 - -- Letter of Notification to the Request for Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 6 September 18, 2001 - Motion authorizing the City Manager or his designee to execute a consultant contract with HDR Engineering for a total fee not to exceed $59,892 for the Garcia Arts Education Center Area Street Improvements, Phase 1 and 2. (Motion Nc. 2001 -359) 7 January 13, 2004 - Motion authorizing the City Manager of his designee to execute a Real Estate Sales Contract with Sylvia B. Martinez in the amount of $57,000 plus $1 500 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 7 in connection with the Garcia Arts Center Area Street Improvements, Phase 2 (Motion No. 2004 -009) 8 January 27, 2004 - Motion authorizing the City Manager of his designee to execute a Real Estate Sales Contract with Jesus A. Lopez and wife Blanca Lopez in the amount of $20,000 plus $1,000 in closing costs and an additional amount not to exceed $22,500 for relocation assistance for Parcel 3 in connection with the Garcia Arts Center Area Street Improvements, Phase 2. (Motion No. 2004 -0009) 9 March 2, 2004 - Motion authorizing the City Manager or his designee, to execute a Real Estate Sales Contract with Melesio G. Rivera and wife, Ygnacia Reyes Rivera in the amount of $43,000 plus $1,500 in closing costs and an additional amount not tc: exceed $22,500 for Parcel 8, necessary for the Garcia Arts Center Area Street Improvements, Phase 2, Project #6134. (Motion No. 2004 -081) 10.Auqust 22, 2006 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Robert Leon Sr. & wife, Viola Leon in the amount of $42,500 plus $1.500 in closing costs and an additional amount not to exceed $22,500 it relocation costs for Parcel 6, necessary for the Garcia Arts Center Area Street Improvements, Phase 2, Project #6134. (Motion No. M2006 -259) 11. Auqust 22, 2006 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Carmen C. Torres & Dolores Torres in the amount of $56,000 plus $1.500 in closing costs and an additional amount not to exceed $22,500 inr relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights to Parcel described as being a part of Tract 5, H. E. Luter Partition, also known as Lots 1 & 2 of the unrecorded Neylands Colonia Mexicana Addition, with the street address of 508 18h Street, necessary for the Garcia Arts Center Area Street Improvements; Phase 2 Project #6134. (Motion No. M2006 -260) FUTURE COUNCIL ACTION: ouncil will be required to: 1. authorize the award of future construction contracts and amendments; and 2 authorize the approval of any other expenditures in the project that exceed $25,000. EXHIBIT A 2 of 2 \Mproject \council xhibits \exh6134a. dwg CORPUS CHRISTI BAY LOCATION MAP NOT m SCALE LA `D SUBJECT PARCE VICINITY MAP NOT TO SCALE EXHIBIT B GARCIA A*S CENTER STREET IMPROVEMENTS, PHASE 2 1161349 PARCEL 11- NEIGHBORHOOD CENTERS OF CC CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES ei DATE: 02/15/2007 w+.. Alif 00'a H 49cm inder of Z. or 2-4 Lowndiew ,v AV for Lof5,,Lownvie^✓ de-we/044s. /3494 N.0 r. 4i» r , S"U.E. lo Ai >ii ,,,,, % abirydlo `% / , , % /r",?' G 4/ R4104i i fit° sihrue 1 Alargue Me ,5 reef eem ender of L of :4 Lostmd %cw Arun"' A1417:210oLL,E5 I An�lNGTC,� E. _ AmoVilio Z itc CS r N.W tom Le143,Iowr7a/e*' Anrmn< �tbl. 04 46. /SIX Au! r. Mil. Aliwts di 77 TRACT 1 (.2023 ac.) (Property of City of CC) To be convened to Neighborhood Centers of CC, Inc. /04.67' P�ra ot6./ orth /fls✓ Norgeor a sir rig/- tom" '11 s ,--::: :,':',:sN:. N4 NN ■ Marguer fe 5ireei Tract 2 (.2023 ac.) (Property of Neighborhood Centers) To be conveyed to The City of Corpus Christi GARCIA ARTS CENTER AREA STREET IMPROV ME TS, PHASE 2 (#6134) TRAITS TO BE EXCHANGED City of Corpus Christi, Texas H-1HOMEIEUSE 106EN1F YIS1Counci! Exhibk.DOC City Council Exhibit Department of Engineering Services Date: February 15, 2007 Page : 1 of 1 City of Corpus Christi EXHIBIT C Bern ;'/7c/et 2t o f 2-4 L owns / /ew Annex Ai* eor L4/3, Lowrlu /eA/ 4n4ex NJ DO`S, /tb/ 5 4 s / 3 ! / 4 1 M c " , MR- M2 Alorguerir4e s /reef fssife" /.e. ere Tema /nder f Z Or' 2-4, LomeWew Annex ALAI. eoi:Zol5,Zoiv/WeAt .41/2440.4 ,Vo ?4i ' . /3!/6 N.C. r WR. N Configuration of Current Lot Owned by Neighborhood Centers • Ppi» ° ied for /h _k � . XI* rydre a 5 /res1 NI .A AIM os'/V A�lorguerTfe 5/reef GARCIA ATS CENTER AMA STREET IMPRtMENTS, PHASE 2 ( #6134) PROPD LOT CONFIGURATIONS City of Corpus Christi, Texas HAHOMMEUSEIMOGIBEWOOMSICouncil Exhibit.DOC Configuration of New Lot after exchange of land City Council Exhibit Department of Engineering Services EXHIBIT D EXCHANGE CONTRACT SUMMARY The City of Corpus Christi, herein called "City," has agreed to convey to Neighborhood Centers of Corpus Christi, Inc., herein called "the Center ", that certain land in Nueces County. Texas, more particularly described as "Tract 1", for and in consideration of the Center conveying to City those certain lands in Nueces County, Texas, more particularly described as "Tract 2" and the Center has agreed to convey Tract 2 to City in consideration of City's conveying Tract 1 to the Center. Further more, the City and the Center agree as follows: The Exchange Contract is subject to the approval of the Board of Directors of the Neighborhood Centers of Corpus Christi, Inc. by passage of a Resolution or otherwise and by the City Council of the City of Corpus Christi, Texas by passage of an Ordinance. The Exchange Contract is not binding until properly approved by both governing bodies and must be executed within 14 calendar days of obtaining approval from each party This transaction shall be closed within 60 days after execution with the City assuming all appropriate closing costs with San Jacinto Title Services Co., herein called "Title Company located at 802 N. Carancahua, Corpus Christi, Texas 78401. It is agreed that either the City or the Center may perform or cause to be performed an environmental audit and that the time required for such audit may cause a delay in closing and the results thereof may cause a cancellation of the contract. The City grants access to Tract 1 and the District grants access to Tract 2 for due diligence and inspection purposes. Each party warrants to the other party that they have disclosed, before the closing hereof, all relevant information known to exist by each party. (a) The Center must provide, at City's expense, a title insurance policy that guarantees good and indefeasible title to Tract 2. The Title Company must issue the title insurance policy. The title commitment for title insurance must be delivered to the City within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. (b) The City must provide, at the City's expense, a title insurance policy that guarantees good and indefeasible title to Tract 1. The Title Company must issue the title insurance policy. The title commitment for title insurance must be delivered to the District within 30 days after receipt of the Contract by the Title Company, with the title insurance policy to be timely issued after Closing. After securing the title insurance commitment, both City and the Center must execute an Exchange Deed to each other, drafted in accordance with the provisions of this Contract which conveys indefeasible title. EXHIBIT E 1 of 2 6 The City and District each accepts title to their Property subject to all recorded restrictive covenants, use restrictions, and all applicable City zoning regulatory ordinances if an This Contract survives Closing of the exchange of Property and the delivery of the Exchange Deeds and other necessary documents at Closing, and all terms and conditions remain in effect between the City and the Center. The City and Center are exchanging surface rights only. No mineral rights are included in this exchange with each property subject to existing mineral exploration and extraction rights assigned to other parties. 9 Time is of the essence in closing this exchange. \HOME'\EUSEBIOG \GEN'Agenda items \Garcia Arts. Neighborhood Center \Exchange Contract Summary.doc EXHIBIT E 2 of 2 ORDINANCE AUTHORIZING THE APPROVAL OF A LAND EXCHANGE AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND NEIGHBORHOOD CENTERS OF CORPUS CHRISTI, INC. FOR THE EXCHANGE OF .1712 ACRES OWNED BY THE CITY OUT OF LOT 2 -A, LAWNVIEW ANNEX AND LOTS 8,9,12, & 13, BLOCK 4, LUTER PARTITION, LOCATED AT THE INTERSECTION OF EIGHTEENTH AND MARGUERITE STREETS, IN EXCHANGE FOR .1712 ACRES OWNED BY THE NEIGHBORHOOD CENTER OUT OF LOT 3, LAWNVIEW ANNEX, LOCATED AT 2020 MARGUERITE STREET; APPROVING CLOSING COSTS NOT TO EXCEED $2,900; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE THE EXCHANGE AGREEMENT AND AN EXCHANGE DEED NECESSARY FOR THE EXCHANGE, ALL IN CONNECTION WITH PARCEL 11 OF THE GARCIA ARTS CENTER AREA STREET IMPROVEMENT PROJECT (#6133/6134); AND DECLARING AN EMIERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A land exchange agreement between the City of Corpus Christi and Neighborhood Centers of Corpus Christi, Inc. for the exchange of .1712 acres owned by the City out of Lot 2 -A, Lawnview Annex and Lots 8,9,12, & 13, Block 4, Luter Partition, located at the intersection of Eighteenth and Marguerite Streets, in exchange for .1712 acres owned by the Neighborhood Center out of Lot 3, Lawnview Annex, located at 2020 Marguerite Street in connection with Parcel 11 of the Garcia Arts Center Area Street Improvement Project (#6133/6134) is approved. SECTION 2. Closing costs not to exceed $2,500 are approved. SECTION 3. The City Manager or his designee is authorized to execute the Exchange Agreetnent and Exchange Deeds SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 29th day of May, 2007. VO ORD.ExchgAgrmtGarciaArtsCtr 052907 ATTEST THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPR V ' S `' FO : 22- May -07 Veronica Ocanas Assistant City Attorney for City Attomey VO.ORD.ExchgAgrmtGa rciaArtsCtr.052807 13 CITY COUNCIL AGENDA MEMORANDUM City Council Hearing Date: May 29, 2007 AGENDA ITEM: (a) Pubic hewing on request for a variance to operate an on- premise alcoholic beverage establishment known as Saxet Hall, located at 3926 Leopard. (b) Resolution granting a variance, under Section 4 -5(f) of the Code of Ordinances, to Saxet Hall Inc. to operate an on- premise alcoholic beverage establishment located at 3926 Leopard Street. ISSUE: Saxet Hall Inc is requesting a variance to allow the on- premise sale and consumption of alcoholic beverages. The proposed establishment is located within 300 feet of Oak Park Elementary School. State lave allows a city to prohibit any person from maintaining a business for the dispensing and sale for on- premise consumption of alcoholic beverages within 300 feet of a public or private school unless City Council has approved a variance to the distance requirement. PREVIOUS COUNCIL ACTION: On December 16, 2003, the City Council approved an amendment to Section 4 of the Code of Ordinances relating to the location of establishments that dispense or sell alcoholic beverages for on- premise consumption and are located within 300 feet of a daycare center. REQUESTED COUNCIL ACTION Approval of the variance. RECOMMENDATION: Approval of the variance. Debbie Marroquin Interim Director. Development Sere ices lgenda Memorandum ,:ase Nt TABC200? -i) sw.et Ha sl in ;'age BACKGROUND INFORMATION Saxet Hall Inc is proposing to rent the hall to host special events including weddings and birthdays. The subject property is located across Leopard Street from Oak Park Elementary School and has operated under previous ownership for several decades prior to the construction of the school and did not previously require a variance. The events where beer and wine would be served would occur primarily on Friday and Saturday evenings from approximately 6:00 pm to midnight well after classes have let out from school. The subject property has been refurbished and opened as Saxet Hall in January of 2005. Over the past year of operation there has not been a history of incident reports or any reports of public -misconduct or a pattern of domestic problems. The property is located in a "B -4" General business District which permits the operation of a lounge, tavern, or civic hall. The proposed )perators of the establishment desire to sell alcoholic beverages like the previous and are Therefore requesting a variance due to the use being in close proximity to a school. City Variance Procedure State taw allows a city to prohibit any person from maintaining a business for the dispensing and sale for on- premises consumption of alcoholic beverages within 300 feet of churches, daycare centers, childcare centers. public hospitals, and public and private schools unless the City Council grants a variance to the distance requirements. Recording to the City s Code or Ordinances, in order for Council to grant a variance, a public =notice must be published in the newspaper ten days before the hearing date and notices nailed to all property owners. churches, daycare centers, childcare facilities, public and private schools and public hospitals within 300 feet from the subject property and to the superintendent of the school district in which the subject property is located. The ordinance also states that the City Council may, upon application, allow a variance to the regulation if the Council determines that enforcement of the regulation in a particular instance is not in the best interest of the public. constitutes waste or inefficient use of land or resources, creates an andue hardship on an applicant for a License or permit, does not serve its intended purpose, is not effective or necessary. or tor any other reason, after consideration of the health, safety, .veltare of the public and the equities of the situation. and determines it is in the best interest of the communtt' Lund Use and Zoning Issues Saxet Hall is in a '`B -4" General Business District within the Saxet Shopping Center that has been in existence for approximately forty (40) years or more. The nearest residential use is an apartment complex that is located northwest of the shopping center. There is also mixed use development ranging from single family residential to professional office and commercial uses north, south, east, and west of the shopping center. Oak Park Elementary School is located directly across from the Saxet Shopping Center along 1:4P[ N- i)IRISHARI- 1r ( AIL _Y )RD'1 vBC AB( = GH7 \T.ABC2007 -01 AGENDAMEMO DOC Agenda Memorandum 'ase'tir rABC20( -- )I tSai,et Hall ln� ?ae, Leopard Street The school site was formerly the site of the Tally Ho Motel and a long since abandoned drip e -in movie theater_ Ffeidinp and Recommendation The subject property operating as a civic hall for special events including weddings and birthday parties, and will occur after normal operating hours of the elementary school and should have minimal = }r no impact to the school. Recommendation: Approval of the Variance. Number of Notices mailed (16= Received in favor_ 0 Received in opposition: 2 Attachments: Location and Notice Map Letter from Christopher McJunkin Resolution H:1Pl N- rDIRiSHARED',GAIL,tiORD'TAB( ABC 20O7TTABC2007 -01 AGENDAMEMO.DOC B NITY CENTER B-4 LEOPARD STREET N EX OA ELE1WEN LLY -HO HO PAR ARY L AbD �WAXET CO 1 MUNITY -1 Woodla CLEOD DRIVE 150 300 Feet ASE # TABC2007 -01 ZONING Apartment House ] strict a. A Apartment Hmrse Distnct -2 Apartment House District a3 Professional Office District Apartment - Tourist District 3 -, Neighborhood Business District 3 -1A NeghbahoodBusmess District 3 -2 Bayfront Braless District 3-2A Berner .'stand Buvness Distnct 8-5 Business District 3 -4 'Denerai Business Jtstrict .nary Busmsss Jistnct 3 -6 'nrnary Business :.ore Distnct 3L' orpus Christi Beach ')esign D;si .- - =:arm Rura. Define, - stopcat- 2ulttaal anamark -,eservatien ,mrtec ndustnal Distn<. , ,ght nnustnal Distnci Heavy idustnai Distnc! Planner Unit Developmerf - -a Dne Family Dwelling Distnct -' - +3 One Family Dwelling Distnct One Family Dwelling Distract Multiple Dwelling 7istnc -.� Cne Family Dwelling District Residential Estate Drstnr 'ownfk: use Dweihng Jistr;a Spec.a: .ennrt Trave: -seer Park Dstr Manufactured Home Pa,x Jistnci Manufa::tuied Home Suom.asior !star. - -'. SUBJECT PARCEL 421.wro w Cams CEnsn, TEXAS 78404 CHRE OPHER E. MCJUNIGN ArronNEY AT LAW January 30, 2007 City of Corpus Christi City Secretary City Hall 1'c Floor 1201 Leopard Corpus Christi, Tx. 78401 Fax: 8110-3113 Re: Ssacet Hall, Inc. d/b/a Saxet Hall 3926 Leopard Carpus Christi, Texas 78408 Dear City Secretary Armando Chapa: Armando Chapa sus.: (361) 882.5747 Pm: (361) 882 -8926 JAN 21.1 FAXED AND MAILED RECEIVED C;TY SECRETAnr'S OfFiCE My client, Saxet Hall, Inc. d/b/a Saxet Hall, has applied for a permit to allow it to sell beer and wine for an premises consumption in the above referenced business, `,Bearer Hall'. Saxes Hall, Inc. is owned by Jimmy Rodriguez, Raymond Martinez and Tim Clower. Pursuant to Section 4-5 (f,g,h) of the City's Code of Ordinances, please let this act as my chant's request for a Variance to be issued to it, Saxet Hall, Inc., d/b/a Saxet Hall, regarding Section 4 -5(a) of the City's Code of Ordinances which prohibits the dispensing and *le for on-premises consumption of alcoholic beverages within the corporate limits of the city within three hundred (300) feet of any church, child -care facility, day -care facility, public or private school or public hospital. It is my understanding that the variance is necessary because of the proximity of ` Saxet Hall' to Oak Pads Elementary School. Sant Hall, Inc. took over vacant building space located at 3926 Leopard in August of 2004. The location was refurbished and opened as Saxet Hall in January of 2005 to host special i events, indudiog weddings and birthday parties. The events where beer and wine would be served would occur primarily on Saturday evenings from approximately 6 p.m. to midnight and occasionally on Friday evenings at the same time, 6 p.m. to midnight. These are times when the school is not holding classes. There has not been a pattern nor history of problems with Saxet Hall since it began hosting special events in January of 2005. d 9Z69-?98-19E up, unro s!..1 40 d 1090 LO 0£ uef Enforcement of Section 4-5(a) of the City's Code of Ordinances in this case: I. is not in the best interests of the public; 2_ would constitute a waste or inefficient use of the land or other resources; 3. would create an undue hardship on the Applicant; 4. does not serve the ordinances intended purposes; and 5. is not effective nor necessary We would submit that a variance: 1. does not pose a threat to the health, safety, and welfare of the public; 2. is justified by the equities of the situation; and 3 . is in the best interests of the community Saxcet l3all, Inc. respectfully requests a Variance pursuant to Section 4-5 (f,gh) of the City's Code of Ordinances be granted to it based upon the reasons set forth above; that proper notice be made, that the request for a Variance be presaged to the City Council in accordance with law; and that a Variance be granted and issued thereafter. Please inform us of expected costs for publishing and mailing notices so that we may reimburse these costs_ If anything further is needed, please contact my office. Thank you. C: j.rodniguez £d 9Z68-Z8P-19£ Sincerely, C ne) C.Mc runkin 3) uI$unrovi suy9 ct0 :90 LO 0£ Uer A RESOLUTION GRANTING A VARIANCE, UNDER SECTION 4 -5(F) OF THE CODE OF ORDINANCES, TO SAXET HALL, INC., TO OPERATE AN ON- PREMISE ALCOHOLIC BEVERAGE ESTABLISHMENT LOCATED AT 3926 LEOPARD STREET. WHEREAS, Saxet Hal$„ Inc. ( "Saxet Hall "), desires to operate a business for special events on property located at 3926 Leopard Street, which is situated within the City of Corpus Christi ( "City ") WHEREAS, Saxet Hali desires to allow on- premise sales and consumption of alcoholic beverages at the location; WHEREAS, the location of Saxet Hall's proposed business is within 300 feet of a public elementary school; WHEREAS, as allowed under Section 109.33(a)(1) of the Texas Alcohol and Beverage Code ( "TAB Code "), the City enacted Section 4 -5(a) of the City's Code of Ordinances (,"Code") to prohibit any person from maintaining a business for the dispensing and sale for on- premises consumption of alcoholic beverages within the corporate limits of the City within 300 feet of any public school; WHEREAS, Section 109.33(e of the TAB Code and Section 4 -5(f) of the Code allow the City Council ( "Council "), upon application of a business regulated under Section 4 -5 of the Code, to grant a variance to the alcohol regulations contained within the section if the Council determines that enforcement of the regulation in a particular instance is not in the best interest of the public, constitutes waste or inefficient use of land or other re- sources, creates an undue hardship on an applicant for a license or permit, does not serve its intended purpose, is not effective or necessary, or for any other reason, and, after consideration of the health, safety, and welfare of the public and the equities of the situation, determines it is in the best interest of the community; WHEREAS, Saxet 4 -5(f) WHEREAS, Saxet particular instance, WHEREAS, Saxet particular instance, WHEREAS, Saxet particular instance, WHEREAS, Saxet particular instance, Hall has formally applied to the City for a variance under Section Hall believes and states that enforcement of the regulation, in this is not in the best interest of the public; Hall believes and states that enforcement of the regulation, in this constitutes waste or inefficient use of the land or other resources; Hall believes and states that enforcement of the regulation, in this creates ar undue hardship on the applicant for a license or permit; Hall believes and states that enforcement of the regulation, in this does not serve its intended purpose; WHEREAS, Saxet Hall believes and states that enforcement of the regulation, in this particular instance is not effectve nor necessary; and WHEREAS, Saxet Hall requests that the Council grant the variance. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council has determined that enforcement of Section 4 -5(a) of the Code of Ordinances, in this particular instance, is not in the best interest of the public and, after consideration of the health, safety, and welfare of the public and the equities of the situation, grants the variance in the best interest of the community. SECTION 2. The City Council has determined that enforcement of Section 4 -5(a) of the Code of Ordinances, in this particular instance, constitutes waste and inefficient use of the land and other resources and, after consideration of the health, safety, and welfare of the public and the equities of the situation. grants the variance in the best interest of the community. SECTION 3. The City Council has determined that enforcement of Section 4 -5(a) of the Code of Ordinances, in this particular instance, creates an undue hardship on the appli- cants for a license or permit and, after consideration of the health, safety, and welfare of the public and the equities of the situation, grants the variance in the best interest of the community. SECTION 4. The City Council has determined that enforcement of Section 4 -5(a) of the Code of Ordinances, in this particular instance, does not serve its intended purpose, and, after consideration of the health, safety, and welfare of the public and the equities of the situation, grants the variance in the best interest of the community. SECTION 5. The City Council has determined that enforcement of Section 4 -5(a) of the Code of Ordinances, in this particular instance, is not effective nor necessary and, after consideration of the health safety, and welfare of the public and the equities of the situation. grants the variance in the best interest of the community. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Hen Garrett Mayor AP : ° OVER AS TO F • M: t ,,/ 6 U , 2007 Eliz= h 2. Hundle Ass j - nt City Attorney for the City Attorney EHres193 doc Corpus Christi, Texas day of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHres193 doc 14 AGENDA MEMORANDUM PUBLIC HEARING - ZONING i Cit■ Council Action Date: 5/29/07) Casa No. 0407-08, Buccaneer Land Company, Inc.: A change of zoning from a "R- 1B /IO" One- family Dwelling District with the Island Overlay to a `B -2 /1O" Bayfront Business District with the Island Overlay on property described as Padre Island Section E, Block 1. Lots 6. 7. and 8, located on Aruba Drive, approximately 400 feet south of Running Light Drive. Playing Commission & Staff Recommendation (April 18, 2007): Approval of the `B -2 /IO" Bayfront Business District with the Island Overlay Rettpested Council Action: Approval of the "B -2r IO'" Bayfront Business District with the Island Overlay. Sumeparv: • Request: The applicant is requesting a change of zoning from "R- IB /IO" One - family Dwelling district with the Island Overlay to the "B -2/10" Bayfront Business district with the Island Overlay for the development of a multi - family residential complex and a commercial marina facility. • Existieg Land Uses: The subject property is currently vacant with approximately 390 feet of water frontage along Lake Padre. The owner of the subject property is currently trying to acquire the five (s vacant lots to the south and develop the area as one contiguous site. The property is bordered on the west by 1 ake Padre and has condo development to the east across Aruba Drive. • Utilities: Water and wastewater serene is available to the property. • Transportation: Access to the subject property is provided along Aruba Drive, a local street and Leeward Drive. a collector • Annexation: Padre Island Section 1 Subdivision was annexed in 1989 and the subject property was assigned with the "R-1B" zoning district. • Comprehensive Plan/Future Land Use: The future and use map recommends mixed use tourist for the subject property and surrounding area. The proposed use is consistent with the definition of mixed tourist from the Mustang -Padre Island Area Development Plan (See Policy Statement B.10 below). POLICY STATEMENT B.10 The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non - residential uses. Development objectives for the Mixed Use categories are to incorporate the latest design innovations. the highest quality construction, integrated land uses, a safe and efficient transportation network. and pedestrian and bicycle amenities. A "Mixed Use" area should be developed using a Planned E Jnit Development (PUD 1 zoning district or other equivalent zoning category. genua Memorandum ase No 040 - -08 (Buccaneer L and Compan } _ t =ic_= P age B) Mixed use/tourist - The mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region r be targeted to the island population. ` ses may include bed and breakfasts, hotels, condominiums, marinas. vessel repair and maintenance. convention facilities, ancillary commercial uses, etc. Notification: Of the eighteen (i8) notices mailed to the surrounding property owners, zero (0) were returned in favor and seven r ') were returned in opposition. The 20% rule is not invoked. This case may be considered controversial due to concerns from property owners residing in the "AT/I0" District to the north. Such property owners of Lots A through J along Aruba Drive have commented that such change of zoning will provide for more mixed- tourism uses in the area. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. FGM /SM'blp Deborah A. Marroquin, P.E. Interim Director of Development Services DM /FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (4/18/07) Ordinance H P!.N- DIR`SHARED \Beverly \2007 ( C\April '07 •:)407- 08AGENDAMEMO.doc Project Manager PIM or Sr.P /CP Planning Director __f� CITY COUNCIL ZONING REPORT Case No. 0407 -08 City Council Hearing Date: May 29, 2007 c Applicant: Buccaneer Land Company. Inc. 7.1 +I 1 Owner: Same as above ': Agent: Renato DePau l is Ti "� Legal Description/Location: Padre Island Section E, Block 1, Lots 6,7, and 8, located on d A Aruba Drive. 400 feet south of Running Light Drive. ac ! From: -R-1B/I0- One- family Dwelling District with the Island Overlay a To: `B -2110" Bavfront Business District with the Island Overlay 0 N Area: .899 acres Purpose of Request: To allow for residential and commercial uses on the water front lots. Zoning Existing Land Use Future Land Use Site "R -1 B /IC)" One - family Dwelling District /Island Overlay Vacant Mixed Use Tourism North , "R-1B/I0" One - family Dwelling District 'Island Overlay I 1 Vacant Mixed Use Tourism F South ! "R -1 B /IO" One - family Dwelling District 'Island ONerlar ' Vacant Mixed Use Tourism East '` \ -T" Apartment Tourist District } 'Island Overlay Multifamily Mixed Use Tourism West 7 `B -2A" Barrier Island Business District/Island Overlay Water Water Area Development Plan: Mustang -Padre Island ADP; The proposed development is consistent with the future land use map that supports mixed use tourism for the subject property Zoning Violations: None oning Report ( :ase No. 0407 -08 (Buccaneer Land C ompan Page Staff's Summary • Request: The applicant is requesting a change of zoning from "R- 1B /IO" One - family Dwelling district with the Island Overlay to the "B -2 /IO" Bayfront Business district with the Island Ov erlay for the development of a multi family_ residential complex and a commercial marina facility • Existing Land Uses: The subject properly is currently vacant with approximately 390 feet of water frontage along Lake Padre. The owner of the subject property is currently trying to acquire the six (6) vacant lots to the south and develop the area as one contiguous site. The property is bordered on the west by Lake Padre and has condo development to the east across Aruba Drive • Utilities: Water and Wastewater service is available to the property. • Transportation: Access to the subject property is provided along Aruba Drive, a local street and Leeward Drive, a collector. • Annexation: Padre Island Section E Subdivision was annexed in 1989 and the subject property was assigned with the "R-1B" zoning district. • Comprehensive Plan/ Future Land Use: The future land use map recommends mixed use tourist for the subject property and surrounding area. The proposed use is consistent with the definition of mixed tourist from the Mustang -Padre Island Area Development Plan (See Policy Statement B. 1 0 below )_ POLICY STATEMENT B.10 The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to mix residential and non - residential uses. Development objectives for the Mixed Use categories are to incorporate the latest design innovations, the highest quality construction, integrated land uses, a safe and efficient transportation network, and pedestrian and bicycle amenities. A "Mixed Use" area should be developed using a Planned Unit Development (PUD) zoning district or other equivalent zoning :ategory F3) Mixed use /tourist — The mixed use tourist land use is characterized by high density residential and high density business uses. High density business uses may range in character between either serving the region or be targeted to the island population. Uses may include bed and breakfasts, hotels, condominiums, marinas, vessel repair and maintenance, convention facilities, ancillary commercial uses, etc. Street - Typ Aruba Drive ocal Paved Section Volume (2001) 60' ROW w/ 42' Bk to Bk NA Ce 1.0 a The subject property is platted. Zoning Report Case No 0407 -08 (Buccaneer and omaanv Inc.) Page 3 E a the proposed marina and multi- family uses are consistent with the future land use map and policies set )ut in the Mustang -Padre Island Area Development Plan. as • J Approval of the "B- 2/10- Bayfront Business District with Island Overlay. a c .; " IApproval of the "B -2/1O" Bayfront Business District with Island Overlay. o ✓ v I:g Number of Notices Mailed 18 °' Favor 0 E Opposition 7 (As of May 16. 2007) Attachments: Zoning Map F RA R lA R 18 R 1C A 1 A -1A A 2 AT AB Farm Rural District Residantial Estate District One Family Dwelling District One Family Dwelling Distract One Family Dwelling District One Family Dwelling Distract Apartment House District Apartment House District Apartment House District Apartment - Tourist District Profe$5ionai Office District Case 0407 -08 NOTICE MAP R Tr Townhouse Dwelling District R -1 Multiple Ewelling District T IA Travel Trader Park District T -1B Manufactured Home Park District T 1 Manufactured Home Subdivision District HC Historical - i.riturai:_andmark Preservation 3 SP PUP Light Ind.tstriai District Heavy Industrial District Special Permit Planned Unit Development 8-1 Neighborhood Business District 13-1A Neighborhood Business District 8 -2A Barrier Island Business District 8 -2 Bayfront Business District BD Corpus Christi Beach Design Dist. 8-3 Business District 8 -4 General Business District B -5 Primary Business District B -6 Primary Business Core District I -1 Limited Industrial District NORTH 0 100 200 Feet HK /03APRO7 MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — April 18, 2007 5:30 P.M. COMMISSIONERS PRESENT R. Bryan Stone, Chairman Rudy Garza. Vice Chairman Fred Braselton Milano J. Huerta Eon J. Kelly Johnny R. Martinez Michael Pusley lames Skrobarczyk John C. Tamez STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Cristina Fratila Mic Raasch, City Planner Stephanie Voss, Project Manager Gary Smith, Assistant City Attorney Beverly Lang- Priestley, Recording Secretary [. CALL TO ORDER — 5 :30 p.m. A quorum was declared and the meeting was called to order at 5:30 p.m. V. ZONING 1. New Zoning Case No 040--08 Buccaneer Land Company. Inc: A change of zoning from a "R- 1B /I0" One - family Dwelling District with the Island Overlay District to a "B- 2/10" Bayfront Business District with the Island OverlayDistrict Padre Island Section E, Block 1, Lots 6, 7, and 8, located on Aruba Drive, approximately 400 feet south of Running Light Drive. Mic Raasch presented the above -case via a Power Point presentation, stating the property s located on Padre Island Section E, Block 1, Lots 6, 7. and 8, located on Aruba Drive, approximately 400 feet south of Running Light Drive. Mr. Raasch noted Lake Padre to the west, condos to the north and east and apartments and condos to the south. The future land use map shows the proposed zoning consistent with the Comprehensive Plan and with policies set forth in the Mustang Island Area Develop Plan Staff recommends approval. Of the thirty -one notices mailed. zero were received in favor and zero were received in opposition. Public hearing Vas opened. No one was present in favor or opposition. Public hearing was closed Motion was made by Vice- Chairman Garza to approve the request and was seconded by ommissioner Martinez Motion passed unanimously Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BUCCANEER LAND COMPANY, INC., BY CHANGING THE ZONING MAP IN REFERENCE TO 0.899 ACRES OUT OF PADRE ISLAND SECTION E, BLOCK 1, LOTS 6, 7, AND 8, LOCATED ON ARUBA DRIVE, 400 FEET SOUTH OF RUNNING LIGHT DRIVE, FROM "R- 1B /IO" ONE - FAMILY DWELLING DISTRICT /ISLAND OVERLAY TO "B -2/10" BAYFRONT BUSINESS DISTRICT /ISLAND OVERLAY; 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 Buccaneer Land Company, Inc., 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, April 18. 2007, during a meeting of the Planning Commission, and on Tuesday, May 29, 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 COIEPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.899 acres out of Padre Island Section E, Block 1, Lots 6. 7, and 8, located on Aruba Drive, 400 feet south of Running Light Drive from "R- 1B/10" Ore- family Dwelling District/Island Overlay to "B -2 /IO" Bayfront Business District/Island Overlay. (Zoning Map 028026) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H \ LEG- DIR \Sthared \GarvSl agenda \200715- 29\Ord- zoning0407 -08 BuccaneerLandCo reg.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 29th day of May. 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor. City of Corpus Christi APPROVED: May 23, 2007 G Smith Assistant Gity Attorney For City Attorney H:1 LEG.D 1R\ Shar ed\ GaryS\ agenda1200715- 2910rd- zoning0407 -08 BuccaneerLandCo 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr, Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon HALEG -DIR \Shared \GaryS\agenda1200715 -29 \Ord- zoning0407 -08 BuccaneerLandCo reg.doc 15 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: 5/29/07) Ca* No. #107 -09, BL Read Estate Holding Company, LP: A change of zoning from a "R -1C" One - family Dwelling District and "R-IC/SP- One- family Dwelling District with a Special Permit for an Event Center to a "B -1 " ?neighborhood Business District on property described as Tyler Subdivision, Block 1. Lets 2. 12. i :. and 14. located between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road. Playing commission & Staff Recommendation (April 18, 2007): Approval of the B -1" Neighborhood Business District. Ressested Council Action: Approval of the -B-1" Neighborhood Business District. Summary • Request: The applicant is requesting a change of zoning on 0.75 acres from "R -1C" One- family Dwelling District and "R- 1C /SP" One- family Dwelling District with a Special Permit for an Event Center to a -B-1- Neighborhood Business District to allow the expansion of the adjacent parking lot to serve the adjacent marina complex • The subject property is located approximately 200 feet north of the intersection of Laguna Shores Road and Claudia Drive. The property fronts on Claudia Drive and Wyndale Drive and is a part of the newly renovated and expanded Bluff Landing Marina complex. • Existing Land Use: 1'he tract will be developed on 0.75 acres out of Lots 2, 12, 13 and 14, Block 1, Tyler Subdivision and is currently undeveloped. • Utilities: The proposed development has water and wastewater service available. • Transportation: Dexelopment of this property with the proposed parking lot development will help remove parking from adjacent streets during fishing tournaments and other events held at the adjacent marina. The subject property is located on Claudia Drive and Wyndale Drive, both local streets. Both of these streets originate from Laguna Shores Road, a designated parkway in the 1. rban Transportation Plan. Both Claudia Drive and Wyndale Drive intersect with Laguna Shores Drive approximately 200 feet to the south. Agenda Memorandum ase ''lo O41r -O9 (81 Rea, testate , bolding ( o npan P 'age.' Notiftottion: Of the twentt (201 notices mailed to the surrounding property owners, two (2) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is not considered controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three- quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Ft. iM /SM /blp Wfaelrartsi M� Deborah A. Marroquin, P.E. Interim Director of Development Services DM.FGM/blp Attachments: i) Zoning Report ?) Planning Commission Minutes (4/18/07) 3) Ordinance i-'Pl N- DIR'SHAREDv.Beverlv'200T 1 C\April '07 0407- 09 NGENDAMEMO.doc Project Manager V PIM or Sr.P /CP o�/�^-_ Planning Director , "+ CITY COUNCIL ZONING REPORT Case No. 0407-09 City Council Hearing Date: May 29, 2007 Applicant: BL Real Estate Holding Company. LP r Owner: Same as Applicant Q.,d Agent: Neale Van Streepen A. a v Legal Description/Location: I yler Subdivision, Block 1, Lots 2, 12, 13, and 14, located C. 44 between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road, From: "R -1C One- family Dwelling District and "R- 1C /SP" One - family Dwelling District .g with a Special Permit for an Event Center oTo: "B -1 Neighborhood Business District N Area: 32,4'0 square feet (0.75 acres Purpose of Request: To expand the existing parking lot on the adjacent property to the south. Existing Zoning and Land Uses Site North South East West Zoning Existing Land Use Future Land Use R -1C" One- family Dwelling District and -R-1( :SP" One - family Dwelling District with a Special Permit for an Event Center '`R -1C" One - family Dwelling District B -1" Neighborhood Business "B -2" Bayfront Business R 1C" One- famiiv Dwelling District Vacant Single - family Residential and Commercial Single - family Residential Single - family Residential Parking Lot for adjacent Marina Marina Complex Commercial Commercial Single- family Residential Single- family Residential Area Development Plan: Flour Bluff; The Future Land Use Map calls for Single - family Residential. however. the proposed parking lot is an accessory use to the adjoining marina complex and is expanding the existing parking lot located adjacent to the south. Map No. 036026 Zoning Violations: None Zoning Report C=ase No 0407 -09 (81 Real Estate Holding Company. LP Page 2 Staffs Summary • Request: I he applicant is requesting a change of zoning on 0.75 acres from "R-1C" One - family Dwelling District and -R-1C/SP" One - family Dwelling District with a Special Permit for an Event (`enter to a -B -1." Neighborhood Business District to allow the expansion of the adjacent parking lot to serve the adjacent marina complex. • the subject property is located approximately 200 feet north of the intersection of Laguna Shores Road and Claudia Drive. The property fronts on Claudia Drive and Wyndale Drive and is a pan of the newly renovated and expanded Bluff Landing Marina complex. • Existing Land Use: The tract will be developed on 0.75 acres out of Lots 2, 12, 13 and 14, Block 1. Ts ler Subd ision and is currently undeveloped. • Utilities: T he proposed development has water and wastewater service available. • Transportation. Development of this property with the proposed parking lot development will help remove parking from adjacent streets during fishing tournaments and other events held at the adjacent marina. The subject property is located on Claudia Drive and Wyndale Drive. both local streets. Both of these streets originate from Laguna Shores Road. a designated parkway )n the Urban Transportation Plan. Both Claudia Drive and Wyndale Drive intersect with Laguna Shores Drive approximately 200 feet to the south. 7 Street i p Claudia Drive and Wyndale Drive Type Paved Section Local 20 foot wide pavement with Broadside ditch drainage Volume (2001) NA The subject property is platted as 0.75 acres out of Lots 2, 12, 13 and 14, Block 1, Tyler Subdivision. Staff recommends approval of the "B-1- Neighborhood Business District. Staff feels that the proposed use and rezoning is a logical extension of the "B -1" zoned property to the south and will provide additional on -site parking to serve the adjacent marina complex. No additional • driveways will be constructed to either Claudia Drive or Wyndale Drive so that all traffic from ae ▪ G3 this expanded parking lot Lill enter and exit from existing driveways serving the adjacent existing parking lot. Approval of the "B-1" Neighborhood Business District. Zoning Report ase No 0107 -O9 (BI Real 1- [ate ) lding Company, LP; Page 3 Recommendation Approval of the "B-1- Neighborhood Business District. Comments Number of Notices Mailed - 28 1 4 ! Favor Opposition ±) (As of May 16. 20071 Attachments: Zoning Map Site Plan R-1B /05 -03 A -1 A- 1 A A -2 AB AT B -, 8_1A B-2 8-2A 8 -3 8-4 B -6 B-6 80 F.F HC 1. 0.0.ro0 Feet CASE # 0407 -09 ZONING Apartment Hots* District Apartment Howls Destnct Apartment Hole District Professional Dace District Apartment -To t Dietnct ``I eighbomoodeusinKS DYtriot Neigftbomoodeusmess DIM Bayfront Business Distract Barter Island easiness District Business Deslti6f General Susatps Distrct Primary Business District Primary Busines Core District Corpus Chnsb beach Design Dist warm Rural District Historical- Cuesel ,_antimark rreservasor, 04/03/07 SRR pjc R -1A R- /8 R -'. C R -2 RA RE sr 14 1B -3 LAGUNA MADRE Lmlteo odgtrial District Lght Industrial District Heavy Industrial District Planned Unit Development One Famiy Dwelling District One Family Dwelling Distnct One Family Dwelling District Maniple D II ng District One Family Dwelling Distnc! Residential Estate Distric Townhouse Dwelling District Special Permit Travel Trailer Park Destnc Manufactured Home Park Distract Manufaaured Home Subdivrsior. DlstnCl City of Corpus Christi 170 -E OHO o N 3W7 LAGUNA SHORES ROAD PARKING LOT EXPANSION BLUFF'S LANDING CORPUS CHRIST THOMPSON ENGINEERING '44 CORDIA A CORDUS CM171.51, 7, ;84 7, TEL (361) 351- 5.72 (J157) 954-6241 L MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — April 18, 2007 5:30 P.M. COMMISSIONERS PRESENT R. Bryan Stone, Chairman Rudy Garza, Vice Chairman Fred Braselton Atilano J. Huerta Fvon J. Kelly iohnny R. Martinez Michael Puslev James Skrobarczyk John C. Tamer. CALL TO ORDER — 5:30 p.m. STAFF: Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Juan Perales, Jr., PE, Interim Assistant Director of Development Services/ Special Services Cristina Fratila Mic Raasch, City Planner Stephanie Voss, Project Manager Gary Smith, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary A quorum was declared and the meeting was called to order at 5:30 p.m. V. ZONING 1. New Zoning Case No 0407 -09 BL Real Estate Holding Company, LP: A change of zoning from a "R- IC'. One - family Dwelling District and a "R- 1C /SP" One - family Dwelling District with a Special Permit for an Event Center to a `B -1" Neighborhood Business Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, located between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road. Mic Raasch presented the above -case via a Power Point presentation, stating the property 3s located in Tyler Subdivision. Block 1, Lots 2. 12, 13, and 14, located between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road. Mr. Raasch noted in the photographs the Bluff Landing Marina has been completely rehabilitated recently and is still expanding. The purpose of the request is to expand the existing parking lot. Mr. Raasch pointed out to the east are the two lots currently covered by the Special Permit for the Event Center and to the south the adjacent lots that had existing single - family residential homes which have been removed; to the south showing the existing parking lot and restaurant, and to the east the new marina and parking lots The proposed and use plan calls for low density residential in the area. However, staff 'relieves the accessory use of the expanding parking would serve the existing marina complex Planning Commission wtinuzr April i 8 2007 Page more efficiently and take overflow parking off the streets and put into the parking lot. The site plan presented shows the existing parking lot coordinated with the existing parking lot and that there will be no additional driveways on Claudia or Wyndale Drive. Staff recommends approval. Of the twenty notices mailed, two were returned in favor and zero were returned in opposition. Commissioner Skrobarczvk asked if the proposed screening fence to the north shown on the site plan would block the view of the adjoining residences. Mr. Raasch stated that the screening fence is required any time a commercial property abuts a residential zoning with a six - toot standard screening fence. Commissioner Skrobarczyk questioned whether we need to visit that area in light of the developments going in. Mr. Raasch stated that there is an exception to the requirement in the zoning ordinance that the applicant might be able to pursue. In response to Commissioner Huerta, Mr. Raasch stated that this is not a complete landscape plan, that the applicant would have to fully comply with the 15% landscaping requirement. In response to Commissioner Pusley, Mr. Raasch stated that staff would research whether or not the fuel tanks shown onsite in one of the photographs are in compliance and whether they were grandfathered in Public hearing was opened. Neil Van Streepen, general manager of the marina and representing the applicant, came forward in support of the request. Mr. Van Streepen stated that throughout the development of the marina parking has been an issue and this is one of the ways they are trying to address it. He stated that two single - family homes had already been purchased and removed and a third home will be removed. Mr, Van Streepen stated they are attempting a flow - through parking area, keeping the traffic in the parking lot and off the streets. Mr. Van Streepen stated that two neighbors have requested they use a box -fence for the required screening fence so that the breeze can pass through and another has requested that the fence taper down towards the end in order to not block any views. The applicant will accommodate those requests. Mr. Van Streepen stated that the landscaping is preliminary but they plan to follow the same landscaping theme they presently have on the existing parking lot and fully comply with the landscape requirements Nobody else came forward to speak in favor or in opposition. Public hearing was closed Motion was made by Commissioner Martinez to approve the request and was seconded by Commissioner Tamez. Motion passed unanimously. Commissioner Braselton praised Mr. Van Streepen on the project and stated it is a trwnendous improvement to the area. Commissioner Pusley echoed those sentiments, adding the fast that the developer working closely with the neighbors is very commendable. ( .\DOCUME— I\user \LOCALS - -r ,Temp \0407 -09 Minutes.doc Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BL REAL ESTATE HOLDING COMPANY, LP, BY CHANGING THE ZONING MAP IN REFERENCE TO 32,470 SQUARE FEET (0.75 ACRES) OUT OF TYLER SUBDIVISION, BLOCK 1, LOTS 2, 12, 13, AND 14, LOCATED BETWEEN CLAUDIA DRIVE AND WYNDALE STREET, APPROXIMATELY 200 FEET NORTH OF LAGUNA SHORES ROAD, FROM "R -1C" ONE - FAMILY DWELLING DISTRICT AND "R- 1 CISP" ONE - FAMILY DWELLING DISTRICT WITH A SPECIAL PERMIT FOR AN EVENT CENTER 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; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of BL Real Estate Holding Company, LP, 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, April 18. 2007, during a meeting of the Planning Commission, and on Tuesday, May 29, 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 pubic 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 32,470 square feet (0.75 acres) out of Tyler Subdivision, Block 1, Lots 2, 12, 13, and 14, located between Claudia Drive and Wyndale Street, approximately 200 feet north of Laguna Shores Road, from "R-1C" One -Family Dwelling District and "R-1C/SP" One - Family Dwelling District with a special Permit for event center to "B -1" Neighborhood Business District. (Zoning Map 036026) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect H , LEG -D1R \Shared \GaryS \agenda\2007 \5 -29 \0rd- zoning0407 -09 BLRealEstateHolding reg.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 29th day of May, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: May 23 2007 • Idc. Gary V'1' Smith Assistant City Attorney For City Attorney H \LEG-DIR \Shared \Ga yS\agendai2007 \5 -29 \Ord- zoning0407 -09 BLRealEstateHotding 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 Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummell Bill Kelly Priscifla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG -DIR \Shared \GarySlagenda \2007 \5- 29\Ord- zoning04o7 -09 BLRealEstateHolding reg.doc 16 i AGENDA MEMORANDUM DATE: May 29, 2007 SUBJECT: Waldron Road from Purdue to Glenoak and Mediterranean Extension (Project No. 6274) [BOND ISSUE 2004] AGENDA ITEM: Motion authorizing the City Manager. or his designee, to award a construction contract in the total amount of $2,644,131.25 with SLC Construction, L. P. of Conroe, Texas for Part A and Part B plus Part C on the Waldron Road Street Improvements Project: Purdue to Glenoak and Mediterranean Extension. [BOND ISSUE 2004]. ISSN: The proposed project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. The project is now ready to begin construction; and requires City Council approval. FUMING: Funds for this project are available in the FY 2007 Capital Improvement Budgiet. RECQM DATION: Staff recommends approval of the Motions as presented. ray, P.E, s Director of Storm Water Services su07 Fag_ Eduardo Garana, P. E Director of Water Services Addi�ionai Support Material: Exhi "A" Background Information Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map H',. SERse\HOME \VELMAP ■GEN SiREET\f '4 WALDRON ONSTRUCTION\AGENDA MEMO ir /d7 I R. Escobar, P. E., 'rector of Engineering Services Foster Crowell, Director of Wastewater Services BACKGROUND INFORMATION SUBJECT: Waldron Road from Purdue to Glenoak and Mediterranean Extension (Project No. 6274) [BOND ISSUE 2004] PROJECT DESCRIPTION: The proposed project consists of three (3) parts as follows: Part A; Waldron Road - Milling and overlaying approximately 2,790 linear feet of a four lane arterial street; replacing approximately 21,000 square feet of sidewalks and approximately 6,000 square feet of driveways, rehabilitating 1,842 linear feet of 8 -inch and 10 -inci sanitary sewer with a cured in place liner and replacing 465 linear feet of 8 -inch sanitary sewer. Part E+ C: Mediterranean Drive Extension plus Glenoak Drive — Mediterranean Drive Extension consists of constructing a new 724 linear feet collector street section (40 -feet back to back of curb) to provide direct access for the neighborhood to Waldron Road. This includes constructing approximately 6,900 square feet of new sidewalk; 2,010 linear feet of 18 -inch to 30 -inch storm sewer with eight post inlets and two curb inlets; 275 linear feet of guardrail; extending a 12 -inch water line approximately 709 liner feet with two gate valves and two fire hydrant assemblies: removing 863 liner feet of fencing, and 665 linear feet of new fencing. Glenoak Drive drainage improvements will reduce flooding at the Waldron /Glenoak intersection and along a short section of Glenoak Drive. The work consists of constructing approximately 1,840 linear feet of 18 -inch to 48 -inch storm sewer with five post inlets and five manholes. BID I iFOJATION: This project was bid as two separate base bids to allow for maximum contractor competition. The bids were structures as follows: BASE BID 1: Part A - Waldron Road • Additive Alternate No. 1 for the rehabilitation of 2,640 If of 15" — 66" storm sewer with cured in place liner • Additive Alternate No. 2 for the installation of a new 2" PVC conduit and hand holes for signal controls underneath the proposed new sidewalk on the east side of Waldron between Purdue and Glenoak. BASE BID 2: Part B - Mediterranean Drive Extension + Part C - Glenoak Drive �. \HOME \LYNDAS�GEMStreets\2004 Bond Iss,;e\6274 - WaIc i\Constn.;ctlon AGENDA BACKGROUND doc Bids were received on May 16, 2007 with two (2) bidders submitting a proposal. The bid range was: • Base Bid 1 (PartA): $1 ,210,818.75 to $1,947,000.90 • Add. Alternate No. 1 $ 915,125.00 to $ 946,985.00 • Add Alternate No 2: $ 48,800.00 to $ 68,550.00 • Base Bid 2 (Part B + C): $1 ,433,312.50 to $1,574,114.00 The Consultant Engineer's estimated construction budget was $3,527,873.00 for all elements of work. The low bid for both bid packages was submitted by SLC Construction, L. P. (see Exhibit "C" Tabulation of Bids) The City's Consultant, RVE Engineering, Inc., and City staff recommend that a construction contract be awarded to SLC Construction, L. P. of Conroe, Texas, in the total amount of $2,644,131.25 for Part A and Part B plus Part C for the Waldron Road Street Improvements Project: Purdue to Glenoak and Mediterranean Extension Project. It is recommended that the additive alternates are not to be awarded. CONRACT TERMS: The contract for Part A: Waldron Road provides for a construction duration of 360 calendar days with project completion anticipated by June 2008. The road construction work will primarily be performed during the summer months to minimize impact to the school district and pubic. All construction is being coordinated with the Transportation Department of the Flour Bluff Independent School District. The contract also specifies that Part B: Mediterranean Extension plus Part C: Glenoak Drive will be completed in 240 calendar days. Project completion is anticipated by February 2008 and all construction work is being coordinated with the Naval Air Station. FUNNG: Funds for this project are available in the FY 2007 Capital Improvement Budget. PRO CT8ACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilites, 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. 4 .HOMEILYNDASGEMStreetsk20.14 Bond tssce\627a Auld,- xi \Consiruct!On1AGENDA BACKGROUND.doc EXHIBIT "A" Page 2 of 4 In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes were added to the early stages of the design phase: ( ) More detailed and standardized Subsurface Utility Engineering to include Hydro- excavation to determine precise locations and utility classifications of public and private utilities. This allows coordination with local utilities franchises for the timely relocation and avoids costly delays during construction. (2) Wastewater lines cleaning and televising (CCTV) to determine detailed information on the condition and any required repairs /upgrades prior to the street reconstruction. (3) Land acquisition. On critical projects, land acquisition proceeded ahead of the project design and was coordinated with the platting process. This allowed dedications in lieu of purchase of ROW and easements and avoids future delays and costs for Utility relocations and /or street reconstruction. PRIO.. CONCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). June 14, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $603.420 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension (BOND ISSUE 2004). (Motion No. M2005 -182) 5. December 19, 2006 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $50,180 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension (BOND ISSUE 2004). (Motion No. M2006-424) PRIOR AI NISTRATIVE 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). +i \HOMElLYNDAS\GEMStreets\2004 Bond IssL e\6274 - Wald, 01 \Cons ruction ■AGENDA BACKGROUND.doc EXHIBIT "A" Page 3 of 4 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 Auctust 2, 2005 _ Administrative approval of Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering & Testing Laboratory of Corpus Christi, Texas in the amount of $7,405.60 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension (BOND ISSUE 2004). 5 Auist 16, 2006 - Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $22,270 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension (BOND ISSUE 2004). 6 December 12, 2006 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with RVE, Inc. of Corpus Christi, Texas in the amount of $23,840 for Waldron Road from Purdue to Glen Oak and the Mediterranean Extension (BOND ISSUE 2004). H: 4OMEV.YNOAS \GEN\Streets\2O0a Bond lssue\627,, - Wainron \Construction\AGENDA BACKGROUND.doc EXHIBIT "A" Page 4 of 4 WALDRON ROAD STREET IMPROVEMENTS PURDUE TO GLENOAK AND MEDITERRANEAN EXTENSION BOND ISSUE 2004 (PROJECT NO. 6274) PROJECT BUDGET May 29, 2007 FUNDS MAILABLE: Street CIP. ............. $1,805,043.00 Storm Walter CIP. 1,399,829.28 Water CIP. 73,675.23 Wastewater CIP .. .............. 405,213.74 Total $3,683,761.25 FUNDS F SQUIRED: Construction Contract (SLC Construction, L P.) Street ... $1,308,179.25 Storm Water 1,004,811.00 Water ... 53,114.00 Wastewater .. ., 278,027.00 Total Construction Contract $2,644,131.25 Contingencies (10 %). 264,420.00 Consultant (RVE Engineering, Inc .) ...................... 699,710.00 Engineering Reimbursements..... 55,000.00 Testing (Rock Engineering & Testing Laboratory, Inc.) 15,500.00 Miscellaneous (Printing, Advertising ) . 5,000.00 Total $3,683,761.25 EXHIBIT "B" Page 1 of 1 SLC Construction, Inc Bay Ltd. Waldron Road - Purdue to Glenoak and Mediterranean Extension Project (City Project No. 6274) I j P.O. Box 639 1414 Valero Way Conroe, TX 77305 1 Corpus Christi, TX 78469 Item DESCRIPTION j QUANTITY I UNIT I UNIT PRICE j AMOUNT 1 UNIT PRICE 1 AMOUNT Base Bid Part A 88 8 'a 4) 8 r 49 8 8 43 I $ 216,200.00' 8 8p8p88888S r 49 $ 49 8 N 49 888888888 co 40 m 49 O 49 r 4! 01 49 4! co 43 CO 43 rt * 49 $ 123,738.001 888 g 8 49 O�7 49 8§ N 40 8 I 49 $ 14,480.00 $ 20,817.00 $ 2,287.80 CONIIIi ul N a 49 $ 3,382.00 d 88 p 5 4i 49 88 O 0, 8 p 49 88 O 49 O 49 5 W 3,500.00 888 § p§Q 19 M 43 8 M 8 pQO 49 8888 69 49 49 49 8f0 49 88 co 49 N 49 88 ui 4) o) 03 $ 10.00 N 49 8 4) 8 4) 8 M 49 88 88 Oo to M^ 4) 41 88 to °`- 43 88 O N 49 8 O fC r N 1 $ 295,725.001 $ 44,358.75 88 I� C7 03 88 8 O Le M 49 41 $ 3,600.00I 88 § 41 p88 N§ d 49 8 r 41 $ 63,425.00 $ 28,025.00I 8 N M di $ 30,934.50 $ 114,779.50 $ 20,502.001 8 M co 69 8 69 8 f7 O r 44 $ 18,504.001 8 N N 4) y,� , 8 a_ 49 $ 30,000.00 $ 500.00 8 8 69 8 8 nj 49 4! $ 2.25 8$8888 i4 4► cuj 0 0 49 49 8 43 8 99 co 49 I $ 700.00 8178O 0) 69 88r 43 43 8�f J H 8Of 43 °r 49 88 F.:. 4! � 49 8 49 8 fA 1 d) M 49 fA CO -� p Si LS -1 AS Y< CO W EA EA W EA EA J Q O r} CD CO LL J SF 1 LL c) LL N LL CO LL N SF SF LL u) LL 0 LL CD M to 1.0 CO CO N r ti N 1475 1475 1 M p� 5826 1 I 4626 cb CO M 07 co Temporary Traffic Control, (complete in place, per Lumo Sum) !Ozone Advisory Day, (complete in place, per Day) ~� Storm Water Pollution Prevention Plan and Implementation (complete in place per Lumo Sum) 1 IL Subtotal Items A1-A5: 12" HMAC Type D Overlay with Tack Coat, (complete in place, per Sauare Yard) Plane Asphaltic Pavement (0 " -2 "), (complete in place, per Sauare Yard) (Grade Adjustment of Sanitary Manhole, (complete in place, per Each) Grade Adjustment of Storm Sewer Manhole, (complete in place, per Earl) Grade Adjustment of Phone Manhole, (complete in place, per Each) Grade Adjustment of Water Valve, (complete in place, per jam) Grade Adjustment of Gas Valve, (complete in place, per Each) Grade Adjustment of Electric Handhole, (complete in place, per j;,ach) 25 Ton Pneumatic Roller for Proof Rolling, (complete in place, per j611) Full Depth Pavement Repair, (complete in place, per Square Yard) Soil Cement Pavement Repair, (complete in place, per Squarer Yard) Curb and Gutter Replacement, (complete in place, per Linear Foot) 4' Sidewalk Removal, (complete in place, per Sauare Foal) 4' Sidewalk Replacement, (complete In place, per Sauare Foot) Concrete Curb Ramp, (complete in place, per Square Foot) Concrete Driveway Removal, (complete in place, per Sauare Foot) Concrete Driveway Replacement, (complete in place, per Sauare Foot) New Concrete Driveway, (complete in place, per Sauare Foot) Reflective Pavement Markings TY. 1 (W)(18')(SLD)(100 mil), (complete in place, per Sauare Fool) Reflective Pavement Markings TY. 1 (W)(12 ")(SLD)(100 mil), (complete in place, per Sauare Foot) Reflective Pavement Markings TY. 1 (W)(8 ")(SLD)(100 mil), (complete in place, per Sauare Foot) N s a m 8 1 m 8 m 8 m m m m m el. m m m m 0) m m m EXHIBIT ' C' Page 1 of 6 8 4o 43 03 8 43 8 M 43 8 CO 69 8 43 8 N E9 8 43 8 03 8 43 8 V3 8 43 8 i9 8 0 To- K 8 8 43 43 8 49 8 49 8 f9 8 43 8 43 8 8 03 8 49 l9 49 M 49 8 r; 43 49 8 43 8 43 8 40 f0 43 8 f■ 43 8 43 8 43 8 43 8 43 8 (�f V3 8 43 8 49 8 ['0 43 8 43 8 43 8 43 8 43 88 O 49 8 43 8 O 49 8 N 8 69 8 8 03 8 8 49 t0 8 43 8 49 8 49 8 43 8 M 43 8 8 8 43 g8 43 8 43 8 0 43 8 8 43 8 CD 43 8 4, 8 N K 8 69 8 Vi g8 43 8 43 8 49 g8 49 8 43 g8 43 g8 69 8 43 8 43 09 y LL O O m 3 c Q W as -- c 4) E a c c w 9 LL O 18 43 w W 8 8 V3 43 wiw 8 8 43 43 W LL -J 8 co 43 LL 8 43 J 8 O 43 w 8 43 8 69 8 49 W 8 01 8 43 W W 8 V3 W 8 E9 w 8 69 w 8 4) W 8 43 LL J 8 43 LL -J 8 O 43 w 8 43 O 43 w K W 2 LL J 8 43 w N 8 04 CO r M N N N N 8 g FE 8 9 m Q (Y)(4 ")(BRK)( t Oi c to to 4 m 1 8 a 0 a1 a c 47 m a E 0 E 8 Pavement Markings TV. 1 (W)( W (complete in pl E 8 O co c N E m a > 43 4, $ c Z. N O V 8 cc c co g Reflective Paveme .G 1 1 • a s co" 1 8 $ c $ p 8 co 0) to a 0 • w 0) LL LL 8 c 4i as $ $ cn a c 0 9) m 2 0 W to 0 0 rs LL 8,. 3 m 4 L 0 c m m 0. 0 0. LL a Fnd for Traf . g 1 Wy .a, '5. C c $ 1. I8 o w Ca FO c c c NI t) .0 CO8 ,w aio U L L rna> c 8 d 0 W J c ffi 8 CC 0 J r m c 8 0) w c 8 CO rn in 0 00, ) to 0) cn a a a as V) 1- 8 T E Q 0 8 W 8 5i E w 0 c M. c 3 $ 0 v 35 U C VIVDS Comm v G E E CC 1 c a 07 m l m 7 8 m A a 8 8 r• 49 8 N 49 8 69 8 03 8 a 49 8 69 8 cn 8 8 O 43 8 03 8 8 n 43 8 (0 43 8 V3 8 oi 8 8 n O) O) 69 8 es 49 8 49 8 43 8 40 43 8 8 8 69 8 N 43 49 8 69 8 43 49 8 J LL J J LL -J J LL J 8 3 C M. U 0 (0 LL N c J a U $ 8 0 CV CC 0 0) a 0 4) as 0 cc 4 M. c m 3 m a c 0 $ 8 4) J ai co co cu os Z. 0 0 0 Rehabilitate E W W W W CO LU co Page 2 of 6 U a N V O is a m C c w C O i W 1 C E r a 0 $ 3,720.00 p8p r 69 M 888 49 f� fA = - 57,000.00 1 8p8;888 3( 8 N N 69 49 49 $ 41 ,055.001 $ 5,000.00 $ 10,000.00 $ __....- 13,000.00 $ 946,985.00 $ 38,250.001 8888 a (Q 49 CD < 49 1 $ 1,947,000.901 8 `} tll N 88 49 88 co 69 43 49 10096 $ 8 O H p p 888 88o 8(h ccl 49 49 49 69 49 f9 $ 255.00 I $ __. 5,000.00 $ 10,000.00 $ 13,000.00 p 6 H 8 g co 40 8 a 49 ii 883 49 49 M r $ $ 30,000.00 $ 252,232.00 171,162.00 cV 49 49 1 $ 27,380.00 L 57,155.00 8888 § § §V 49 49 49 40 1111 8 �Lf f9 w J 1 00'000'9 $ 100'00Z't $T b3 LF 1 $ 60.00 I $ 9,000.00 1 fD N 8 A N 8cob § i0 M N 41 0888 o 49 49 49 8 49 69 8 c5 49 88 io 49 49 $ 1,500.00 $ 2,500.00 $ 4,000.00 L 105 1 SY III CO LL J —I LL J U. LL J J LL ....1 LF LF EA EA LS L 74 _ 1 Trench Safety, (complete in place, per Linear Foot) Install Sodding, (complete in place, per Sauare Yard) Wastewater Utility Allowance, (complete in place, per Lynn? Sum) Additive Alternate No. 1 General/Bonds/Mobilization, (complete in place, per Ligng.Sum) 66" Cured in Place Liner, (complete in place, per Ups) 42" Cured in Place Liner, (complete in place, per Linear Foot) 36" Cured in Place Liner, (complete in lace, per 36' Cured in Place Liner, ( crompiete in peace, per 24' Cured in Place Liner, (complete in place, per Lkteer Foot) 15" Cured in Place Liner, (complete in place, per Linear Foot) Remove 8' CIP Sewerline from Manhole, (complete in place, per Eachl Repair Manhole from Sewerline Removal, (complete in place, per gitgbi Temporary Traffic Control, (complete in place, per Lump Sum) Subtotal Items C1-C11:I Additive Alternate No. 2 'Conduit (PVC) (SCH 40) (2'), (complete in place, per Linear Foot) Ground Box (24 "x36 "x34 "), (complete in place, per F,) 1Boring for Signal Conduit Under Existing Road, (complete in place, per Linear Foot) Subtotal Items FE1 -FE4: TOTAL BASE BID PART A (Bid Items A1-A5, B1 -852, E1 -E13): TOTAL ADDITIVE ALTERNATE No. 1 (Bid Items C1 -C11): TOTAL ADDITIVE ALTERNATE No. 2 (Bid Items F1 -F3):1 BASE BID PART A + ADDITIVE ALTERNATE No. 1 + ADDITIVE ALTERNATIVE No. 2:1 W W E12 E13 o N o V) o V o IC U CO U n o CO o CA o 0 j '- 5 r LL N LL M LL IEXHIBIT "C" I Page 3 of 6 (F .c g a R. z EU N o m as w c i O C ai .Q g O) c .o W • O c a) E 0. a 0 c 07 co) BYO 3 40 rs ▪ 1- p O g U a cc • U N Waldron Road - Purdue to Glenoak and Mediterranean Extension Project (City Project No 6274) 0 cc a H Z Z DESCRIPTION 8 44 49 8 49 8 0 M 8 49 8 69 g8 8 a u9 v9 8 8 $8 69 69 69 88 6 49 8 8 8 Q8 8 O N O) 49 49 49 O J J 0 .5 6 E • F n (complete in 01 N a) c 0 m. 3u��, E o O E U) J E U w 0 0 65 a w Q < Q a 3 CA 8 ao d9 8 V9 8 3 co 49 8 49 8 8 4, 8 6) 49 8 49 8 40 8 49 8 8 8 8 49 8 8 8 8 40 49 69 49 88$8 N M 69 43 t9 49 8888 r- cq a u9 49 43 8 u9 8 8 49 8 8 0> 43 8 N9 8 8 8 8 49 888888 (6) O h N 49 69 (9 49 49 49 8 0 0 0 0 4, 69 49 49 49 8 a as (9 8 09 8 K 4, 8 49 8 3 8 8 8 49 8 N 8 69 8 8 c0 N9 8 3 f0 49 O) N u N N 8 8 69 O K f9 8 K 8 co 43 8 8 8 8 4, q) } } } cn } J LL LL 8 8 8 8 8 H 49 69 49 49 W W W J J N A a ar 0 U m m c U v a. c a. Q fi m N 3 O a) U a 1 .9 c $i E to to i c as E W)(81(SLD)(100 mil), c 65 N ca c c a) 8 c a) a. a_ > u- 2 Q Z. as M. E U a E a m c .a 1 U 0. a V Ms. c a 8 c O) C as a c 0' 0) ea a M. O U O cc c U lL C 2 A Lrs m O a m N co n as 0, m m CO m EXHIB T `C" I Pica e4of6 U o c,) U m 6 W O 0 E 88138 co sA sf M 88588888 M ei N o t0 cU M 3 $88888888 t., aD to Of cc N iA 6 • 4! 44 43 44 49 H 49 ►8 41 43 43 49 N N 49 49 49 49 69 44 4! 49 N $ p $: p p 8 33 8 p 8 8 8 8 8 p $ o O§ o§ N . § o§ O o tD o CO e' N et 3. c1 a c u7 49 .l9 49 49' 49 49 44 49 69 49 8 N 7 _ 8 N $ 8g g8 § O 8 d 8 $ $ §§ $ § 41 $ 0 $8 8 8 0 8 g 6 55 157 - ,-- id 27 n 2, 456, M N NY N 53, 69 or d) 44 49 49 d) d! 49 49 49 49 49 40 49 49 88 5$aaQ88888$$ cn ig N N 8888888', 1.00 2,000.00 49 44 i9 44 49. b 44 49 49 49 49 N 49 40 49 49 44 49 49 LF J W LLJ W W W r W -W-� cA EA EA LF W EA W LF I J R c0 N.- N N 275 N .- O n N N o •- Test and Disinfect, (complete in place, per Imo Sum) O tIl MI ice, per, ice, per, ms,ver er ), (corm ear in placi Ungar ( Era *, per ir WI) place, r ice, per lace, pei ate in • 1 U U U U 8 U 8 U zj 5 0 n p p 8 0 0 0 0 IEXHIBIT "C" I Page 5 of 6 Base Bid Part C 41,000,00 ,I 888 888 69 4, .- i9 8888 u> Vi 6H 4,o N f9 1 o0'oz6'OL 8 N H $ 25,000.001 8 H $ 24,000.001 88 n H o 69 $ 521,410.001 8888 a H s H V) H 8 ; H 8 lel q H 1 $ 1,574,114.001 p 88 O to H 8 4, 8 O g 49 8o O u K 1$ 4.001 8 ,- V, 8$ O f9 8 o N 6H 8 H [T 187.00] o 2 f9 8 2 H 88 8 Ln H $ 9,000.00 88 O C H 8 4 H 8 2 V, 88 N N f9 8 8 N N H 8 fA 88 o O 69 H 81 g 4AA 88 g N 8 o N fA $ 320.00 88. § 49 G8 N .- 49 88 o G 69 8 N r 699 8 ii m 69 $ 21,390.00] E$ 87,862.00 J $ 342,985.00 [ 88 0 88 0 QO H 88 0 m H 8 2 r 49 $ 2,744.00) $ 548,448.00 8 . U 69 ON8 N N 43 $ 1,500.00 88 1 - H [ 09199` toe $ 8 m H $ 1,433,312.50 08 8 O V) 69 H 8 8 v, 8 8 I� 69 $ 2,000.00 L0o v 8 v, J$ 8,000.00 X888888 aD g 69 69 p p p 18 N 69 69 19 pH UI 419 $ 5,600.00 $ 2,000.00 88 ^ H p 49 888 N 69 N H p 1" H ',,,....., VJ ) p (1) J LL U LL !) EA L1. LL. J J LF LF LF < W < W < W LF AS LF LF AS .- •-- .` L.___ cO T M O pl115 394 i 1195 In ] c9 c0 �tpp N pp o General /Bonds /Mobilization, (complete in place, per j-umo Sum) _ n Ozone Q11,11 Advisory Day, (complete in place, per Storm Water Pollution Prevention Plan and Implementation, (complete in place, per Llltlliu l [Exploratory Excavation, (complete in place, per Lumo Sum 14" Sidewalk Removal, (complete in place, per Sspare Fool) 14' Sidewalk Replacement, (complete in place, per Square Foot) Subtotal Items B1 -62: IOutfall Structure, (complete in place, per Each) J RC Pipe (CL III) (18'), (complete in place, per Linear Foot) LL ii cam, c 0 a.aa 888 N J U 0 ¢¢0 LL k 4 c 0 E '8 J U 8. E. LL it ti c .0 J U_ 'a Apron Post Inlet, (complete in place, per gab) ) Manhole (TY B), (complete in place, per g) Waterline Adjustment, (complete in place, perms Trench Safety, (complete in place, per Linear Foot) [Pavement Repair, (complete in place, per Square Yard) 1 Subtotal Items C1 -C10:[ [Replace 6' PVC (SDR 26) (0'-6' Cut), (complete in place, per Linear Foot) Replace 8' PVC (SDR 28) (0'-6' Cut), (complete in place, per Pavement Repair, (complete in place, per Sauare Yard) 1 Subtotal Items E1-E3: 1 TOTAL BASE BID PART B (Bid Items A1-A5, B1 -B19, C1 -C12, D1 -D8): 1 TOTAL BASE BID PART C (Bid Items A1-A5, B1 -B2, C1 -C10, E1 -E3): TOTAL BASE BID PART B + TOTAL BASE BID PART C: av2 a a mm 00000000000 www EXHIBIT "C" Page 6 of 6 e mproject \_,),netlexnibrts „exrib4 14.arr CITY PROfCT No. 6274 PROJECT SITES VICINITY MAP NOT TO SCALE EXHIBIT V" WALDRN ROAD STREET IMPROVEMENTS: PURDUE TO &ENOAK MID MEDITERRANEAN ENTENSION (BOND ISSUE 2004) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 05-16-2007 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Overview of Proposed FY 2007 -2008 Operating Budget STAFF PRESENTER(S): Pam, Title /Position Department Oscar Martinez ACM- Administrative Services Cindy O'Brien Director of Financial Services Constance Sanchez Assistant Director of Financial Services Eddie Houlihan Assistant Director of Management & Budget ISSN: The City Charter requires the City Manager to submit a budget proposal to the Council at least 60 days prior to the beginning of the fiscal year. REQUIRED COUNCIL ACTION: No formal action is required at this time. This initial presentation will include a general overview of FY2007 -2008 proposed revenues and expenditures and subsequent presentations in June will include an overview of individual funds. The City Council is scheduled to adopt the FY 2007 -2008 Annual Budget on July 17th and 24th. The FY 2007 -2008 Proposed Budget will be delivered on Friday, May 25TH Power Point Presentation X Exhibits Oscar Martinez Assistant City Manager Administrative Services