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Agenda Packet City Council - 06/26/2007
CITY COUNCIL AGENDA JUNE 26, 2007 Corpus Christi 11 45 A M. Proclamation declaring J aiy 4 2007 as 'Big Bang Celebration 30`h Anniversary" Proclamation declaring the month of June as "National Safety Month" Proclamation declaring the month of July as "Parks and Recreation Month" Swearing in ceremony o? new'),, appointed Board. Commission, and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 JUNE 26, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members o -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 °resent it to the City Secretary Si Usted desea dirigirse at Concilio y cree pue sti rngles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarre Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary s office at 361 -8'6 -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 Dr. Sam Gutierrez, Cornerstone Church. C. Pltdge 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 lemtters: 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 June 26, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. M*IUTES: Approval of Retreat Meeting of June 5, 2007 and Regular Meeting of June 19, 2007. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Civil Service Board /Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience certain of the agenda items are listed as motions, resolutions or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a twc reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote CQNSEN MOQQNS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM P VIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration; Agenda Regular Council Meeting June 26, 2007 Page 3 Motion approving a contract with Wells Fargo Merchant Services, LLC. of Melville, New York for establishment of a merchant services account in accordance with Request for Proposal No. BI- 0088 -07 for an estimated annual expenditure of $107,561.65 of which $8,963.47 is budgeted in FY2006 -2007 The account will establish credit/debit card service for approximately eleven City revenue collection locations throughout the City. Funding is budgeted in the various using departmental operations budgets. (Attachment # 3) Motion approving the award of security access gates for the Wastewater Treatment Plants with Total Protections Systems, Inc., of Corpus Christi, Texas for a total amount of $765,351.55. Funds are available in the 2007 Wastewater Capital Improvement Program Fund (Attachment # 4) 5.a. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the 2007 Edward Byrne Justice Assistance Grant (JAG) Program Award (Attachment # 5) 5.b. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $236,403 to the United States Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2007 Edward Byrne Memorial Justice Assistance Grant, 50 percent of the funds to be distributed to Nueces County under the established Interlocal Agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. (Attachment # 5) Resolution authorizing the City Manager or his designee to submit a grant application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2007 - 2008 78415 Community Youth Development (CYD) Program, with $500,000 DFPS funding. (Attachment # 6) CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Agend& Regular Council Meeting June 26, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Resolution authorizing the City Manager or his designee to execute a letter of commitment to provide funding through the Corpus Christi Business and Job Development Corporation in the amount of $135,000 related to the WorkSource of the Coastal Bend grant application for the YouthBuild program to provide affordable housing. ilAttachment # 7) Motion authorizing the City Manager or his designee to execute a construction contract with Advantage Electrical, of Corpus Christi, Texas in the amount of $51;900 for the Animal CareNector Control Alternate Power Project. (Attachment # 8) Motion authorizing the City Manager or his designee to execute a construction contract with The Anchor Group, Inc. of New Braunfels, Texas in the amount of $68,242 for the Sports Field Fencing Improvements for the Total Base Bid and Additive Alternate No. 1 (BOND ISSUE 2004) (Attachment # 9) 10 Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Robert C. Sanchez and wife, Irma V. Sanchez in the amount of $88,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for 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 1, described as Lot 15, Block 14, Gardendale 3, with the street address of 4910 Williams Dr.. necessary for traffic congestion management (Williams Drive Alternate Access). (BOND ISSUE 2004) (Attachment # 10) PUBLIC HEARINGS: ZONING CASES: 11 C.se N9. 0507-07, Noe Nilo Ortiz: A change of zoning from a "R- 11110" One - family Dwelling District with the Island Overlay to a "B- 2A/l0" Barrier Island Business District with the Island Overlay on property described as Padre Island Section E, Block 2, Lots 19, 20, and 21 located on the corner of Leeward Drive and Aruba Drive. (Attachment # 11 Agenda Regular Council Meeting June 26, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staff's Recommendation: Approval of the "B- 2A/IO" Barrier Island Business District with Island Overlay. ORDINANCE Amending the Zoning Ordinance, upon application by Noe Nilo Ortiz, by changing the zoning map in reference to 0.77 acres out of Padre Island Section E, Block 2, Lots 19, 20, and 21, from "R- 1B/10' One - family Dwelling Districtllsland Overlay to "B- 2A/IO" Barrier Island 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. 12 Cape No. 0507 -08, Yalee Shih: A change of zoning from an "AB" Professional Office District to a `B -1" Neighborhood Business District on property described as Bratton Place, Block 1, Lots 1 through 4 and the northeast fifteen feet of Lot 5, located on the east side of Weber Road, approximately 350 feet south of Brett Street (Attachment # 12) Planning Commission and Staff's Recommendation: Approval of a "B -1" Neighborhood Business District, ORDINANCE Amending the Zoning Ordinance, upon application by Yalee Shih, by changing the zoning map in reference to 0.7 acres (30,705 - square feet) out of Bratton Place, Block 1, Lots 1 through 4 and the northeast fifteen (15) feet of Lot 5 from "AB" Professional Office District to -B-1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 13. Cape No. 0507 -09, Sharel Zacharias: A change of zoning from a "R -1 B" One- family Dwelling District to a "R -2" Multiple Dwelling District on property described as Del Monte, Block 2, Lot 17, located on the southeast corner of the intersection at Ohio Avenue and Lawnview Street. (CASE WITHDRAWN BY APPLICANT) 'Attachment # 13) Agenda Regular Council Meeting June 26, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Planning Commission and Staff Recommendation: Denial of the "R -2" Multiple Dwelling District. ORDINANCE Amending the Zoning Ordinance, upon application by Sharel Zacharias, by changing the zoning map in reference to 0.13 acres (6,250 - square feet) out of Del Monte, Block 2, Lot 17, from "R -1 B" One - family Dwelling District to "R -2" Multiple Dwelling District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 14. Case No. 0507 -01, Extreme Homes of Texas, L.L.C. : A change of zoning from a "R -1B" One - family Dwelling District to a "B -1" Neighborhood Business District on property described as 1.93 acres out of a 35.75 acre tract recorded by deed in Volume 1450, Page 535, Nueces County, Texas Deed Records, located on the south side of Up River Road approximately 350 feet from the intersection of McKinzie Road. (Tabled on 6/12/07) (REQUEST BY APPLICANT TO TABLE UNTIL 7/24/07) (Attachment # 14) Planning Commission and Staff's Recommendation: Approval of the "B -1" Neighborhood Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Extreme Homes of Texas, L. L C., by changing the zoning map in reference to 1.93 acres out of a 35.75 acre tract recorded by deed in Volume 1450, page 535, Nueces County, Texas Deed Records, from "R-1B" One- family Dwelling District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause providing a penalty; providing for publication. J. LI GISLATIVE UPDATE - (TO BE CONSIDERED AT APPROXIMATELY 11:00 A.M.) 15. Final Report on the 80th Texas Legislative Session. (Attachment 15) Agenda Regular Council Meeting June 26, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. SPECIAL BUDGET PRESENTATION: 16 Overview of Proposed FY 2007-2008 Budgets for Enterprise Funds. (Attachment # 16) L. P tESENTATIONS: (TO BE CONSIDERED AT APPROXIMATELY 1:00 P.M.) Public comment will not be solicited on Presentation items. 17 Proposed Re- development of Padre Staples Mali and the Staples Center, presented by Trademark Property Company (Attachment # 17) 18 Economic Impact of Retail /Mixed Use Development Project Proposed by CBL /Hawkins Group, presented by Economics Research Associates (ERA) (Attachment # 18) M. REGULAR AGENDA CONSIDIPATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 19. Resolution approving the City of Corpus Christi Tax Incentive Policy for large retail /mixed use development and redevelopment. (Tabled on 6/12/07) (Attachment # 19) 20. Motion authorizing the City Manager to execute a Preliminary Infrastructure Financing Agreement with Crosstown Commons, LLC (Developer) to set forth terms, conditions and obligations by which the Developer and the City intend to participate in the development of a lifestyle and power center to be known as "Crosstown Commons" to be developed on an approximate 227 acre tract north of Holly Road between Crosstown Expressway frontage road and Greenwood Drive. (Attachment # 20) 21 Motion authorizing the City Manager to execute a Development Agreement with Crosstown Commons, LLC, (Developer), to establish development requirements for Crosstown Commons, a proposed mixed use development located north of Holly Road between Crosstown Expressway frontage road and Greenwood Drive. (Attachment # 21) Agenda Regular Council Meeting June 26, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 22 Resolution authorizing the City Manager or his designee to submit a grant application n the amount of $2,017,550 to the United States Department of Justice, Office of Community Oriented Policing Services for funding eligible under the COPS 2007 Technology Program Grant. Funds will be used for the enhancement of voice interoperability on the 800 MHz radio system, with a City match of $672,517, for a total grant application of $2,690,067: and authorizing the City Manager or his designee to apply for accept, reject, alter or terminate the grant. (Attachment # 22 N. PBLIR COMMENT FROM THE AUDIENCE ON MATTERS I T SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to Your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habra un interprete ingles- espanoi en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. 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, anti that the City Council specifically expects to go into executive session on the following matters In the event the Council elects to go Agenda Regular Council Meeting June 26, 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 23. Executive session under Texas Government Code Section 551 071 regarding Arnulfo Garcia v. City of Corpus Christi; Civil Action No. 06 -198. in the United States District Court, with possible discussion and action related thereto in open session. P, REPORTS: The following reports include questions by Council to Staff regarding CRy 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. 24 CITY MANAGER'S REPORT Upcoming Items 25. MAYOR'S UPDATE 26. COUNCIL AND OTHER REPORTS Q. 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 ''�‘, p m., June 22, 2007. Armando Cha City Secretary Agenda Regular Council Meeting June 26, 2007 Page 10 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, CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 1 MINUTES T OF CORPUS CHRISTI, TEXAS City Council Retreat June 5, 2007 8 :30 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Nelda Martinez Council Members. Melody Cooper (arrived at 8 54 a m.) Larry Elizondo, Sr Mike Hummel) Bill Kelly Priscilla Leal Michael McCutchon John Marez (arrived at 8:46 a.m City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the retreat to order in the Watergarden Room of the Museum of Science and History City Secretary Chapa checked the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. City Manager Noe provided the Council with a directory of City staff and asked staff to introduce themselves to the new Council Members. City Manager Noe made a presentation on the prior City Council Focus Areas including improving the Downtown area, Job Growth and Attraction; Infrastructure; Neighborhood Initiatives; Budget/Finance Processes and Policies; and Intergovernmental Relations. Council members asked questions regarding economic development; Capital Improvement Program expenditures; the 2004 Bond schedule; in -fill housing; acquisition of properties; demolition of properties; the number of homes improved by Habitat for Humanity; residential neighborhoods and properties in the downtown area; the Community Development Block Grant (CDBG) process and funding; budget policy implementation; the identification of projects for one -time expenditures from the excess fund balance: available funding for street repairs in the Crestmont subdivision; and the investment policy City Secretary Chapa introduced Dr. Richard Lewis as the retreat facilitator. Dr. Lewis provided an overview of the retreat agenda which included a strategic planning process; setting goals; building teamwork ground rules for Council meetings; setting the calendar for 2007 -2008; and next steps (see L)r. Levis s attached report. included as part of these minutes). The Council set ground rules and priorities for today's agenda. Dr. Lewis provided a review of the strategic planning process including creating a vision for the organization: identifying goals; and building action steps for implementation Dr Lewis opened discussion on the City Council's short and long term goals. After a brief exercise, the Council provided their vision of how the City of Corpus Christi will look in 2009. He asked Council Members Marez and MrCutchon to help develop a vision for the City with the statements provided Minutes .ounci Petrea- June 5, 2007 — Page 2 Dr Lewis asked the Council to identify and prioritize their short term goals. After discussion, Dr Lewis summarized the council's short term goals over the next 12 -24 months as follows: Establish a comprehensive road /street plan (impacted by 2008 bond package) 2 Develop and implement a plan for maintenance and use of the coliseum Develop and implement Unified Development Code. Include the development services department and improve is effectiveness and efficiency 4 Develop and create a plan for Texas A&M University- Corpus Christi expansion 5 Complete the updating of the city's master plans 6 increase and improve efforts at code enforcement 7 Expand the Neighborhood Initiative Program and Model Block Program Dr. Lewis asked the Council o identify their long term goals for the next 24 months or longer to consider for future action. These goals included matching education efforts with workforce needs; economic development; technology and staffing for fire and police; long term transportation; infrastructure improvements; revise or delete existing zoning ordinances; neighborhood improvements; completion of the bayfront development plan; protection of the long term water supply; new fuel alternatives; revitalization of the downtown area; smart growth initiatives; homeless eradication. and elevate the economic and social standard in the community. Council asked staff ro identify the action steps and provide a timeframe for the short term goals and present to Council in 30 days Dr Lewis opened discussion on building teamwork between City Council members and determine ways to build an effective City Council /City Manager Team. The Council participated in exercises and provided responses to identify factors for creating and negatively impacting a cohesive City Council team Dr Lewis also asked the Council for their personal commitments to contribute to a cohesive Council The Council discussed ways to build an effective team between the Council and City Management and asked staff to provide advanced notice of agenda items; e-mail the draft Wednesday agenda; and include powerpoint presentations in the packet whenever possible. A brief discussion ensued regarding the timeframe for providing the agenda packet. Dr Lewis opened discussion on the City Council operations and ground rules for City Council meetings The Council agreed on a set of ground rules to assist in the operation of Council meetings City Secretary Chapa discussed the Council meeting calendar for 2007 -2008. The Council concurred to cancel the following meetings July 31, 2007; August 14, 2007; November 27, 2007; and March 18, 2008 There being no further business to come before the Council, Mayor Garrett adjourned the Council retreat at 3:18 p.m on June 5, 2007 City of Corpus Christi, Texas City Council Planning Retreat June 5. 200' Session Summary t. Session Expectations and Outcomes. City Council members were asked to delineate their expectations relative to the session. These are annotated below. Establish a collective vision of our mission and goals. Develop expectations of us as a Council, Develop guidelines for Council /staff interaction. Discuss information flow as related to keeping Council and staff working on our mutual goals. (..let to know each other Discuss the needs of the people and how to obtain them. Bring forth ideas and how to ego about to make sure they are implemented. Work with all ncople A unified universal vision and identify realistic short-term and long -term goals. Determine the directions in which the City will go during the next two years. Determine A hat old policies will be retained and what new policies will be created. Short -term and Long -term goal. Time lines to achieve goals. Candid conversation of lability of goals. Plan for downtown housing incentive program. :tear direction of where° the Cit will go in the next year. Create tangible goals and that are easily identifiable improve our response to citizens concerns and needs. I the end of the day I would like to have in place 5 goals for the next 2 years and also talk about goals for the next 5-11) years. Also, every member of the Council shows importance of team pla, An understanding of the priorities of each of the Council members and some agreement as to how we will be acs :omplishing those goals. "greater understanding of my new partners, priorities, and goals. Continue to build this ounen as aneffective team. Public input on how we want to ook like when we grow up. 11. N. ision. Each ( "ityt ouncil n=cmber was asked to develop a preliminary vision for how the City, o$ ' rrpu Christi =:' ill Look in 2009 if this Council works together as a team. orpus Chrisn In 2009 ,vill have a dramatic increase in diverse, new, and enhanced industries, technological companies. and professional companies employing both current stud new residents and =raving a partnership between learning institutions and companies and the City tc educate and direct ow youth to these companies and industries. Corpus i. :hristi will also °7e a cleaner. more beautiful city with increased recreational and cultural opportunities tier our residents and enhanced quality of life. Melody Cooper Street Improvements w.11 have been address through comprehensive scheduled maintenance and or through a bond passage (2008). Strong enforcement of existing ordinances that have direct major impact of how this City is perceived. The Council will he looked upon as an open, honest, and transparent government that is inclusive. Collaborative. efforts to create or improve facilities for our youth and elderly. Being the leaders for a more unie crsal vision that involves all governmental entities. Focused on resolving and taking th. lead oar skilled educated workforce. Larry Elizondo ti e wit` have an unobstructed Bayfront We will have a state of the art Development Services Department. \'v'e will have come a long ways in correcting the street problems. e will have all of our ,vaster plan it place_ Downtown will be very close to what we all punt ;t to be ' /E,nry (i rrett Street repairs hax e occurred at an acceptable rate. 'The Coliseum issue is resolved. Downtown is no longer an embarrassment. The university issue is resolved. The citizens have confidence :n Cite leadership. trike Humntell Corpus would have an expanding economy with a sense of opportunities. Educational opportunities will he expanding, especially at the college level. There will be new housing opportunities downtowr and the older neighborhoods will start to revive as new homes are built and older ones are restored. We will recognize the need to preserve our history including buildings from the past. We will recognize the natural resources we have and make their preservation a priority. All segments of the community will recognize and feet vested in the changes. Bill Kellt in 2009_ District. 9 will have at least one fire station, a police substation, one recreational center, one library. one senior citizen center, and the Coliseum is a family- oriented facility Concentrated crime control and educational alliances with industries involving students in school to tra n them nor good payin. ; jobs in the region. Priscilla Leal in 2009. Corpus t:`hrist should bc a . rty that is both desirable to live in and desirable to pisit. The parameters that keep cs from being that city (education system, drug and gang p- iolence, beautification. taxation fete: trafficrsireet problems, urban blight) will have been minimized, while nur asset:, (bay �., beaches, parks, leisure activities, economic opportunities have been mayim ;red. Michael McCutcheon )ur neLghborEtc ht ts. e improved infrastructure (streets, sewer, water fixed, and safe neighborhoods) Our iowntow-n continues to grow and improtie with new residents and °:sirs <ential living, moi businesses hiving into downtown, and reduced vacant buildings and proper We hay t quick code °ntorcement response. We have a plan for TAMU- i C development and expansror And we have a plan for the Coliseum. John Mares clan and safe city ,.v nth a solid infrastructure that will support and expand job and economic growth whi nurturing and protecting its natural environmental assets. Nelda t tar /ne III. Short -Term Goals Identification and Prioritization. City Council members identified 30 short -term goals to be addressed during the term of this Council (2007 - 2OO9 ) After they were identified. members were given seven dots (votes) to determine the most important shoot -term goals and winnow this listing down to a management grouping. Vote totals are indicated by numbers within parentheses. • Develop and implement a plan for the maintenance and use of the Coliseum. (7) • I :stablish a comprehensive street. road plan. (6) • Develop and create a plan tOr TAMU -CC expansion. (6) • (.omplete the updating of the City's Master Plan. (4) • Improve the effectiveness and efficiency the Development Services Department (one- stop shop). (3 ) • Enhance and invigorate the,2conomy of the Downtown area. (3) • ( omplete and implement the storm water system plan. (3) • Expand and enhance the NIP and Model Block programs. (3) • Develop and implement the 1 .TD( 13) • Modify (improve) relationship between City staff and City Council. (3) • Increase and improve effort; at Code Enforcement. (2) • Recognize the importance of a skilled educated workforce designating an educational advisor that will bring together all independent efforts. (2) Prioritize best uses of our money in the community. (2) • Organize a summit the hest management practices for our beaches. (1) • Approve economic develop wo meet the needs of growth in the City. (1) • Implement policy k r authentic public input policy with use of public land and resources. (1 ) • Develop policies to invigorate our local economy. (1) • Organize and schedule a metropolitan summit to share vision and ideas. (1) • Schedule to control odors in our neighborhoods. (1) • Increase housing incentives for the Downtown area. (1) • Build more recreation centers_ (1. • Establish equitable and comprehensive guidelines for tax incentives (economic development). (1) Complete Phase II amenities for Packery Channel. (1) • Complete expansion of County Roads 52 and 69. (1) • Improve carrying capacity or Buddy Lawrence Drive. (1) • Fix drainage problems at Gateway Mobile Home Park. (1) • Drainage repairs in identified neighborhoods. (l Expand and !Tecruii for the Police Department. • Expand on collaborations with the County and school districts. • Tx service areas to Crestment neighborhood. IV. Prioritized Short -Term Goals. Based on the discussion of the goals and issues summarized in the pre,, sous sect son, the City Council agreed that the City should focus its `fort the 7 short -term goals illustrate below. As a result, City Management Staff will develop action steps, tasks, and K'metrames for addressing each goal. The City Manager said the initial Implementation vs ork „n the short-term goals will be completed by the staff and presented to 1'e City ( ouncii by mid -July 2007 (within 30 -45 days). • Establish a comprehensive street /road plan (implemented by the 2008 Bond package), • Develop and implement a plan for the maintenance and use of the Coliseum. • Develop and implement i.JDC. Include this goal improving the effectiveness and efficiency of the Development Service Department. • Develop and create a plan for TAMU -CC expansion. • i ornplete the updating process or the City's Master Plan. • Increase and improee efforts at code enforcement. • Expand the NIP anc Model Block programs. . 1,ong -Term Goals City Counci: members individually and collectively identified long -term goals ; more `han 2 years out') that the City should, at least, begin to consider for future action About 17 thematic areas are listed and not prioritized. • focus on long -tern' transportation needs based on growth patterns. • ti'ihrant Downtown with new residents and business that make this area 24/7. • Infrastructure planning. • (omplete Bayfront Development plan. • l raffle Engineering plan expanded and modified for projected City growth. • Match education efforts with workforce needs. • Develop new Incentives for aconumic development. • Revise, delete and update e1;tsting zoning and planning ordinances to best fit current and future C'-to., growth. • Economic development. • More technology -based businesses;. • Eradicate homelessness • faevate the economic and social standards In the community. • Increase the Police Department and Fire Department staffing as well as technology enhancements • Identify technology needs to support future City growth. • Improve social service m neighborhoods. • Research fuel alternative for City vehicles. • Protect and secure long -tertn water supply. V'I. City Council Teamwork. Retreat participants were queried with respect to potential ros c and neilative ;nnfluencc., on building teamwork among this City Council. '1 hrough a hr:_=instor mng process. City Council members were asked to identify key factors for Great rg a cohesive (`ount 1 team These are annotated below. • t ornmunicate in good faith • \ 1! members must be privy -o the same intbrniation. • t_ nderstand each other's go�tis. • rust. • Respect the majority decisions made by City Council. • Respect input from those that may_ be in the minority with respect a City Council decisions. ■ `� clue eac h other'. ornrnents. • Recognized each other's strengths and weaknesses with respect to experience. • ork in spirit of compromise without marginalizing the end result. • 1)o not have personal goal override the common goals of the Council. • Focus on this Council's vision and direction. • Respect and balance is needed for each of the five districts. Council members were later queried about what things can get in the way of effective Counc!1 teamwork. Comments are illustrated below. 2(. • Hypersensitivity • it "lose- mindedness • Holding grudges • Hidden and /or personal agelidas Dishonesty. (playing with the truth) • Establishment of subgroups (cliques) among City Council members. • Not including all members in the discussion and conversations. VII. City Council Meeting Ground Rules. The City Council agreed to an informal set of ground rules that should assist in streamlining meetings. These are provided below. • Every member needs to actively participate in Council meetings. • Maintain mutual respect for each other. • Minimize side -bar ;; onversations • Minimize talking over each other • Pay attention to your colleagues and what they are saying. • Try to always maintain a quorum during meetings. ■ Minimize the dead horse effect during meetings. • Do not buzz -in too frequently to talk during meetings. • Work with staff to shorten non -staff presentations to Council. Encourage presenters not to read Powerpoint slides to the Council. Ill. Effective City C ouncil-City Management Team. Council members discussed ,ways io improve the working relationship between them, as a group, and the City Management staff Comments ure provided below. • F3oth Counch members and staff must know their appropriate roles relative to each r • A� oon as an tem .s placed in t meeting, agenda, advance notice should be pro \ ided tv t. ounc member - ■ (ivw advance _totic_ to Council members on special interest items on the agenda. • (ity. Council members need o make better use of the quarterly calendar for meeting preparation and lotowing what issues are forthcoming. • (ouncil will give clear and direction and expectation to City Management staff. Where possible, inc Jude Pow erpornt presentation material in the meeting packet. • Prom ide ail tl'ouncil member; with the draft Wednesday agenda. • (it\ Council members need ,r7 make efforts to read their packets prior to the meeting. IX. Next Steps. The following are the next steps based on retreat outcomes. ▪ Development of preliminary implementation actions related to the short-terms by City Management staff ith 0 -4' days Expanded use of the quarterf, calendar in assisting City Council members in their preparation for meetings. This will be assessed to determine effectiveness. Wednesday draft C T r y Council session agenda will be provided to all City Council members to assist meeting preparation. This will be assessed to determine effectiveness • A mid-year = December '007 = mini - retreat session will be held to assess short-term goa progress Dr Richard Le'A i .. i Ph.t> Rounci top Consultinv_ Ass, atex { 2 00- MINUTES CITY OF CORPUS CHRISTI. TEXAS Regular Council Meeting June 19, 2007 - 10 -00 a.m PRESENT Mayor Henry Garrett Mayor P -o Tem Nelda Martinez ouncil Members Melody Cooper Larry Elizondo, Sr Mike Hummel! Bill Kelly Pnsdlla Leal Michael McCutchon .John Marez 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 Council Member John Marez and the Pledge of Allegiance to the United States flag was led b} Council Member Priscilla Leal. Mayor Garrett called for approval of the minutes of the regular Council meeting of June 12, 2007 A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: Coast) Bend Council of Governments Mayor Henry Garrett (Reappointed Council Member Bill Kelly (Reappointed Council Member Michael McCutchon (Appointed) Council Member Larry Elizondo, Sr (Appointed) George K. Noe, City Manager (Reappointed) Ed G &aria, Water Superintendent (Reappointed) Oscar Martinez, Assistant City Manager (Reappointed) Ron Massey, Assistant City Manager (Reappointed) Armando Chapa, City Secretary (Alternate; Reappointed) Yvonne Haag, Director of Neighborhood Services (Alternate; Reappointed) Richard Hooks, Fire Chief (Alternate; Reappointed) Angel Escobar, Director of Engineering (Alternate, Reappointed) Ogilvie Gericke, Director of MIS (Alternate; Reappointed) Corpu* Chri §ti Convention and Visitors Bureau Board Frank *Rocco" Montesano (Appointed) Food ervice Advisory Committee Beverly Rogers (Reappointed) Gabriel G. Hernandez (Appointed) Small iusingss Advisory Committee Gary Basinger (Appointed M nutes Regu a ;:;jrc 'gleet Jure 19 2-:1'i07 Page 2 Mayor Garrey' pare_: for consideration of the consent agenda (Items 3 -12). There were no comments frorr the pub* CcJr: members requested that Items 5, 8 and 11 be pulled for nc;ividua. _onside-: c;n ty Secretary Chapa polled the Council for their votes as follows: RESOLUTION NG 027315 Resolution authorizing the City Manager or his designee to accept a gift of one (1) Water Quality Anaizer estimated t? vale $3,040 from the Nueces River Authority. he foregoing resc . }tion was passed and approved with the following vote: Garrett, Cooper, E 'izondc. Hummel' Key Leal McCutchor Marez, and Martinez, voting "Aye ". MOTION NO 200 ' 148 Motion app-ov ng the lease purcnase of one (1) articulating wheel loader and purchase of two (2) tracK excavators from the following companies for the following amounts based on iow bid and only bid in accordance with Bid Invitation No. BI- 0162 -07 fora total amount of $200,804 The constructor equipment will be purchased for the Wastewater and Water Departments Funding for the lease purchase of the articulating wheel loader will be Provided through the City s !ease %purchase financing program. Funding for the purchase of the excavators is available it the Capital Outlay Budget of the Maintenance Services Fund. ., three an t3 are replacements t._ the fleet Scott Mader Equiprrent Corpus Christi TX Item No. 1 5129 '84 ;rar..d Total $200804 Doggett Heavy Machinery Corpus Christi, TX Item Nos. 2 & 3 $71,220 1 he foregoing mot c;n was passed and approved with the following vote: Garrett, Cooper, Eiizondc Hjirrrnel ° Kel'v l- al McCutchon. Marez, and Martinez, voting "Aye ". ORDINANCE NO :;27306 Ordinance appropriating 51:: 000 from Corpus Christi Crime Stoppers, Inc. in the General Fund Nc 1020-11700, amending she FY2006 -2007 Operating Budget adopted by Ordinance No 026908 ;,v, increasing revenues and appropriations by $10,000. An emergenoy was dec arec anci the foregoing ordinance was passed and approved with the following vote C1iarrett C Dope` Elizondo, Hummell, Kelly, Leal, McCutchon, Marez and Martinez voting `eve" MOTION NC 200 149 Motion authorizing 7ne City Manager or his designee to authorize payment of Invoice No. 873110 for twelve months software maintenance with Sungard HTE, Inc., of Lake Mary, Florida in an amount not to exceed $123,499 Included in the maintenance agreement are the HTE modules for Utilities Business Office, Central Cashiering, Accounts Receivable, '.oliections Dever omen• Services Neighborhood Services, and Click 2 Government ate - Reg la' . u Mee -in 1- 007 .c. :rte. e forego nig m ' on was rassea and approved with the following vote Garrett, Cooper, zoncc . 'lrre Ke iv ' Baal MoCutchc;n Marez and Martinez, voting "Aye ". 9 ; MOTION NO 20i Motion authorizing the Cit`, Manager or his designee to execute Amendment No. 1 to a `Professionai Engineering Contract with HDR- Shiner Moseley and Associates, of Corpus (Thristi, Texas in the amount of $60,502 for a restated total fee not to exceed $465,632 for 'ne Corpus :Christi Manna C!eveicpment Project Phase III (Floating Docks E, F, G and H) for additional design inspectti n and project coordination for electrical, wastewater, water, andscao'nca asphalt repalis fencing and signage ne foregoing me °.or was passed and approved with the following vote: Garrett, Cooper, hizondo Humme Kelly : eal McCutchon. Marez and Martinez, voting "Aye ". 9 r MOTION NO 20+ ' -152 Motion authorizing the City Manager or his designee to execute Construction Change Order No. 9 with the CCC Grow.:; Inc of Sar Antonio, Texas in the amount of $47,921 for additional signage on fencing and Marina Boaters Facility, removal of original firewater putlets from docks and replacement with new outlets install access boxes to permit Fire :.3 partrnenr access for the tire system and replacement of 160 backflow prevention devices Yr docks an fou 4 and-;:de nackfIow prevention devices with enclosures and piping. e foregoing mu on was passed and approved with the following vote: Garrett, Cooper, Fl zondo -Hummei Kelly i ea McCutchon. Marez. and Martinez, voting "Aye ". MOTION Nei. 20L -15:3 Motion authorizing the City Manager or his designee to execute Change Order No. 5 with Longhorn Excavators, Inc of Richmond Texas in the amount of $33,522 for the J. C Elliott Landfill Solid Wasie Citizer Collection Center and Transfer Station for removal of concrete rubble and placement. of compacted select fill The forego ng motion was passed and approved with the following vote: Garrett, Cooper, El zondo Hjmme Kelly Leal McCutchon Marez. and Martinez, voting "Aye ". MOTION NO 20C -15 Motion authorizinc the City Manager to execute the First Amendment to the Infrastructure Development Agreement with C C T Navigation-Cameron, LP, (Developer), substituting a deposit in the amount of $302.847 34 for a letter of credit and the construction of Bates Drive improvements for Navigation Pointe. Block 1, Lot 1 located south of Bates Drive and west of Navigator Boulevard ne foregoing motion was passed and approved with the following vote: Garrett, Cooper, E' zondo i- umme Kelly :_.eai McCutchon, Marez and Martinez, voting "Aye ". Mayor Garrett opened d sc.issicr on Item 5 regarding a grant for an Expanded Automated F ngerpnnt Identification system,FIS1 with Mobile Fingerprint Matching Capacity project. Council Member Hummel: asked questions regarding the use of the AFIS system and the determination of which vehicles would receive a system Police Chief provided an explanation of the system and said re systerrs would he installed .r tt_,e newer units 1 ,- n ;.te< Reg, ai unc Mee: Jo „F 6'007 - Secreta�t Chaoa coiled the Council for their votes as follows: RESOLU flON NC: 027 7esolution authorizing the City Manager or. his designee to submit a grant application in the amount ct $500,000 to the United States Department of Justice, Bureau of Justice Assistance °nr funding eligible ;ender the Y 2007 Edward Byrne Memorial Discretionary Assistance Grants Program foi an Expanded AFIS with Mobile Fingerprint Matching apacity oroect with a 'amity 'natcr of $20 000 for a total grant application of $520,000, and u'nonz c ,-e Manage or C_. designee to apply for accept, reject, alter or terminate -1e gran- he foregoing rest :ution was passed and approved with the following vote: Garrett, Cooper, izondc H mme Kelly L. ai McCutchcn Marez and Martinez, voting "Aye ". Mayor Garrett ope' ied discossion on Item 8 regarding Up River Road Improvements from Rand Morgan to McK;nz e Road C Duncil Member Martinez asked if additional extensive tests were necessary to determine more unanticipa ted concrete beams or pavement. Director of Engineering Angel Escobar responded -hat staff did oot anticipate discovering additional underground concrete beams oavemer�- City ` ecretar Chaoa polled the Council for their votes as follows: MOTION NO 200. -15C Motion autnrizing The City Manager or his designee to execute Change Order No. 1 to the .onstructicr contract with Berry Contracting, LP d.b.a. Bay Ltd., of Corpus Christi, Texas in he amount of $62 935 76 f,r a total restated fee of $7 456 381.76 for the Up River Road morovemer is f -o - Rand (Morgan Road tc McKinzie Road (BOND ISSUE 2004) n foregoing mc: on was ;.gassed and approved with the following vote: Garrett, Cooper, :lizondc H.,mrne Kelly Leal McCutchon Marez and Martinez, voting "Aye ". Mayor iiSarrer_t opened discussion on Item 11 regarding a Distribution Main Extension Construction anc Pelmou sement Agreement Submitted by JJAR Development, LLP. Council Member Hummel) asked for the purchase price of a fire hydrant assembly. Acting Assistant Director ct Deveiopmen- Services Johnny Perales responded that the average price of a fire hydrant assemb s $1 :> fl $1 -'0C ::T'.. 3e• F tary Chana polled the Council for their votes as follows: MOTION NO 200 -154 Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by J.AAR Development, LLP, owner and developer of Legends of Diamante unit 2 located east of Rodd Field Road and north of Slough Road for the istallation of 399 -- near feet of = inch PVC water distribution main. The foregoing motion was ;.gassed and approved with the following vote: Garrett, Cooper, zondc H rnme: Kelly Leal McCutchon. Marez and Martinez, voting "Aye ". ORDINANCE NO 027307 Ordinance appropriating $4.223.80 from the Water Distribution Main Trust Fund No. 540450- 21806 -4030 to pay the developer reimbursement request for installation of 399-linear feet of Bch P`vC ate -istr hutic r ma,n to develop Legends of Diamante Unit 2. M,n ote : Regina Couno ee_ 1., -1_ 00' _s_.�;;e emergency was declare-d, and the foregoing ordinance was passed and approved with hN follow:n vote i arrest iTooper Elizon io Hummell, Kelly, Leal, McCutchon, Marez, and Martinez_ voting ye- Mayor Gan ett opened disco.ission on Item 13 regarding the approval of the FY2007 -2008 :crous O-nristi Cit me Con rol arid '''revention District ;:;;dget- Police Chief Bryan Smith presented the itenni Abel A:c;rizc 701 Thames "banked the council for their appointments to the Crime ontroi and Prevention District an•1 sad the main goals of the district include the officers and the vern e Detention Centei City Secretary Chapa pored the Council for their votes as follows: RESOLUTION NC 02730 Resolution appro.J ng the ;)"event ion D strc. 2_ --2008 rnudget for the Corpus Christi Crime Control and "e foregoing resolution was passed and approved with the following vote: Garrett. Cooper, zondo Hunnme Keliv ea MoCutchon Marez and Martinez, voting "Aye ". Mayor Garrett opened discussion on Iter,, 14 regarding an amendment to an affordable housing program agreement Director of Neighborhood Services Yvonne Haag explained that the amendments proposed by the Corpus Christi Business and Job Development Corporation include extending the term of the agreement until May 19 2008 and changing the condition of the agreement for homebuye° assistaooe tri' i a "non-forgivable" second lien to a "forgivable" second ie,n Ms Haag stated that Mr Farrin doa Mirama� Homes, is requesting the amendments because ne has had difficulty se !ng homes with a non - forgivable second lien. She added that this amendment would allow more flexibility or the hnmebuyer to customize their specific needs. Jounc!l members asked q,.est :ohs regarding the purchase price of the homes; location of homes reasons fo the U `{loupes h se ling the homes: the criteria for affordable housing; special accommodation requirements fo ADAM accessibility; federal regulations and approval; the application process Process for approvai of a second lien program. the amount of money allocated for affordable housing, wino is responsb e for keeping track of participants in the program; income quaiificat ohs; if funds remain in the affordable housing program if monies are not spent; the benefits for :affordable noosing: an 1 how ienders are selected and monitored ouncii Member _eai regoested a copy of the Community Development Corporation gu aelines for income qua +fication an an approved list of lenders for affordable housing. noel 173 Thames spoKe in support of the 4A board and other affordable housing :programs considering more fording fa specific needs requirements. He also asked questions regard -rig how much of t ine affordable rousing money has not been spent. City Secretary Chapa ed `ne Courci the- votes a follows RESOLUTION NC 027309 Resolution authorizing the , ty Manager or his designee to execute the Second Amendment to the contract between the Corpus Christi Business and Job Development Corporation (4A Board) ano Rands Farrar d b a Miramar Homes for an Affordable Housing Program Agreement to extend the term of the program agreement and amend the services to provide hat the loa - of f;- ds may ne ford ven Mir sites Regc:art,.u': Meetn 1 c, 707 a a f n- forego g rest, utior iNaS passed and approved with the following vote: Garrett, Cooper, izondc Keiiy :_ �a 41,^utchc ; Marez and Martinez, voting "Aye ". °,layor Gan E cpe -ed des ss r: on iterri 15 regarding the Corpus Christi International ; , rt sting '_•i ec `:;r of , via.ic r F'an Massey presented this item There were no comments from ne a uc < ,e �� r ,ece ? ,ry Crap poi ert the Counc+'i for their votes as follows: I ESOLU",ON NC 02 Resolution authorizing the ty Manager or his designee tc execute Amendment No 3 to ederai Ai aeon Administration ;rant No 3-48 -0051- 037 -2005 to extend the scope of the yantto n :..de Ruh wa, 13, 11 Rehabilitation Phase Ii, Runway 17/35 Shoulders and Blast ads A gip& r- Drainage :verrrents - Prase IV Terminal Apron, and West GA Apron at pUS ':' In'e patio .a lr;.r ne forego rig 'es( Jtion was passed and approved with the following vote: Garrett, Cooper, tondo —, nmel Keli Leal McCutchor and Martinez. voting "Aye ": Marez was absent. RESOL +LI ON NO 0273• Resolut +or+ author<<, ing the 'City Manager or his designee to accept Federal Aviation Administration Grant Number 3 -48- 0051- 039 -2007 in an amount not to exceed $8,447,719 tin Rehabilitate West GA Apron, Phase II. Rehabilitate Taxiway Systems, Phase I, Improve Airport Dra rage Area Vi P ease 1 and Rehabilitate Taxiway Lighting Systems, Phase I at ;rpus C; , nst, Intel natro ^a / {irpc a he foregoing resolution was passed and approved with the following vote: Garrett, Cooper, zondo HiLimmel Kelly- l_Eal. McCutchor and Martinez, voting "Aye ": Marez was absent. :ORDINANCE NO . )273' 2 Ordinance appropriating $3 914,214 from the Federal Aviation Administration Grant No. 3- 48-- 0051 -C393 -200 r n the Nc 3020 Airport Capital Improvement Fund to Rehabilitate West A Apron Phase is Renabii tate Taxiway Systems, Phase 1 Improve Airport Drainage, Area Phase 1 and Rehab Irate Taxiway Lighting Systems, Phase I at Corpus Christi ° ternat:cna AlrocH Chang ri g FY2006 -2007 Capital Budget adopted by Ordinance No. 26997 to :: ease appr.,, r a } ton 'Jy $3 914 214 -an emergency was declarer and the foregoing ordinance was passed and approved with one following vete Garret Cooper Elizonde Hummell Kelly, Leal, McCutchon, and Martinez 1:7 YY.,ng 'A—e" Mare' was absent {ORDINANCE NO J273 Ordinance aiobrop iating anr. transferring $392,073 from Airport Capital Reserve Fund 4611 to and appropriating 3020A Airport Capital Reserve Fund as 5% grant match to Rehabil tate `Nest ili3A Apron Phase II, Rehabilitate Taxiway Systems, Phase I, Improve Airport Drainage Area VI Phase and Rehabilitate Taxiway Lighting Systems, Phase I at !.;orpus Christi Inter raticna Airpor°, changing the FY2006 -2007 Operating Budget adopted rJrdinanoe No J26908 tc increase appropriations by $392,073 and changing the 2007 lapital Budget adopted by Ordinance No 026997 to increase appropriations by$392 073. M note: - RegLla- punk: Mee ,n, ! =e 1 2007 - P.acre - emergency was declared, a ^d the foregoing ordinance was passed and approved with Tne follow no vote Garrett Cooper EI zondo. Hummeli, Kelly, Leal, McCutchon, and Martinez_ ;1 _tma - =-.ye" Marez was absent ":.AOTION N 20( -15e. Motion authorizing the City ,Manager or his designee to execute a construction contract with Bay Limtec of Cc::rpus Cinr, sti, Texas in an amount not to exceed $7,441,437.75 for the 2,orpus Christi internal cna Air.sort West General Aviation (GA) Apron Rehabilitation and )rainage Pease Improvemen-s e forego g mot on was assed and approved with the following vote: Garrett, Cooper, zondc. H ; -nme! Kel'v I_ gal McCutchon and Martinez, voting "Aye "; Marez was absent. MOTION NO 20r 1 5 Motion authonzrng the City Manager or his designee to execute an Engineering Materials Inspection Uestng and Larloratoy Services Contract with Professional Service Industries, (PSI ct Corr us Christ.: Texas in an amount not to exceed $74,639 for the Corpus r risti Internationa Airport West General Aviation (GA) Apron Rehabilitation and Drainage Phase 'v nnoroven?ents "e forego ng mot on was :gassed and approved with the following vote: Garrett, Cooper, zondc H amine Kel v Leal, McCutchon and Martinez, voting "Aye "; Marez was absent. Mayor Gar let` refe red te Item , an overview of the Proposed FY2007 -2008 Budgets to Spec al Revenue Internal Sery ce and Debt Service Funds. ,Assistant C ty Manager Oscar Martinez referred to a powerpoint presentation including the 'nternal service funds summary anc° fungi balances. internal service funds full time equivalents; and major revenues and expenditures ry fund for Stores, Maintenance Services, Municipal Information Systems, `ngineer ng Services and Liability & Employee Benefits Group Health Benefits. -c,unck mernners asked queesticns regarding expenditures exceeding revenues; percentage allocation fo- reimbursement of funds; projected sources of revenue; capital improvement crc ects the proposed Bond 2008 prolec r;: incurred expenses by user departments; engineering services revenues. excess fund balanoes, management and location of vehicles; review of the financial policy total numcer of ver les the City rental properties; changing the structure of the insurarki.,e for cost savings a ty (:rinic- and considering a health savings account yodel f itifiroupinsif ancF A rr e- +,scuss,on ensued regarding simplifying the budget documents. Mayor Garrett cal ed for a n.;ef -e ess to present certificates. Mayor Garrett caned for pet lions from the audience. Bill Davis, owner of Absolute Waste, spoke regarding not being on the agenda for approval of a put and pay contract. Council Members asked questions regarding the agenda process Joe Holt, 35 Lakeshore, asked the Council to consider allocating an ado` tionai 3s.0 00C to the Art Center M ReoLiar ri lc ni N e. 1 007 ;=t jack Gcro { 411B i3ray spc Ke regarding utility rate increases and placing the dues check -off for city employees on the agenda Jo"r Torrey 7253 Yaupon Drive, spoke on behalf of Haas Materials regard ,c; cot 'un at c s -- City staff on the testing and specifications of crushed ;re 3 Kooeck 36C Topek. , spoke regarri ng a Mayor /Council form of government dues ne k -4 ff and tree Texas Mun c =pa League Harry Boerm. 3825 Dunstain, spoke regarding dump truoxs damaging i:...,nsta n Stree; to r =pair Lott Street J.E. O'Brien, 4130 Pompano, spoke regarding decreasing the :ax rate Michael Womack. 1717 Amazon; Deanna Payne, 6609 Pharaoh :rive; and Cathy 73 roA, Jece Presider of the Botanical Gardens, asked the Council to consider unccenc tr'e Botar r.;ai 7a dens are., Nature Center with hotel occupancy tax funds. Susie Luna Saidana 4710 Hake spoke support _f City growth and the Crosstown Commons Project Abel :_1r ze ' 701 Than -s s; )ke si ppch+ of the Crosstown Commons Project. lows Mayor Garrett an ounced me executive sessions. which were listed on the agenda as Executve sessic- under I exas Government Code Section 551.087 for deliberations egardirc ft.:ncr J develocimen negotiations with possible discussion and action related `)eiretc poen s ,sic; Executive Sesseo under ? exas Government Code Section 551.074, Personnel Matters, deliberations regarding trie appointment employment, evaluation, reassignment. ties, disc pane ir dismissal of Municipal Court Judges with possible discussion and action related theeto pc- n session e Ccc:r:oi went, into executive session The Council returned from executive session and he toll c}w trig motions were passes N,tr the follow ng vote 20 a. MOTION NO 200 -158 Motion appointing _he following Judges at the salary level of current judges (full time and nal time t,, their esoe tiGe positions Kodo fo Ta nez as , adge cif the Municipal Court of Corpus Christi, Texas, and ..!Uage of [?'Visior B Dean e King as Judge of the Municipal Court of Corpus Christi, Texas, and Judge rf D vision ) Margie Flores as Ju-.ge o ' the Municipal Court of Corpus Christi, Texas, and .',.dne of D 'JiSion B Mary Meda-y as Jude o the Municipal Court of Corpus Christi, Texas, and udge of Division Make Alaniz as Judge of the Municipal Court of Corpus Christi, Texas, and Judge of Division i�, Melissa Madrigal as Part time Judge of the Municipal Court of Corpus Christi an . Judge D r;irin E of r ate -- Regina :ou1i eetihi e. 1 007 .. Page ':, Hector Deena as Dart-time Judge of the Municipal Court of Corpus Christi. e.xas ano Judge it D,; soon E ,ferry Batek. as Par -time Judge of the Municipal Court of Corpus Christi. Texas, and Judge of D;vis; cn E ne foregoing motion was gassed and approved with the following vote: Garrett, Cooper., t -1 zondo Hummel Keiiv I eal. McCutchon. Marez and Martinez, voting "Aye ". MOTION NO 20L -130 Motion to not reappoint Michael Sullivan. as Part-time Judge of the Municipal Court of rpus Chr sti. Texas and fudge of Division E he foregoing mc on was .gassed and approved with the following vote: Garrett, Cooper, zondc. H ;mnme Ke ;4, i eal McCutchc n Marez and Martinez, voting "Aye ". Mayor Garrett retuned to Item -i6, an ove view of the Proposed FY2007 -2008 Budgets for Special Revenue ,nterna Service, and Debt Service Funds. Assistant City Manager Martinez referred to the powerpo rt presentation including revenues and expenditures for Liability and Employee Benefits JVorkers' Compensation Benefits and Administration; special revenue funds full time equivalents major revenues 7Ind expenditures by fund; and debt service obligations, major revenues and expenditures; and tre upiccming budget calendar c .uncii Members asked q. estkcns regarding the utility bonds; funding for the Botanical :wardens with note iocoubancy ta= debt service obligations and the status of transferring the owing guards -r 21orcius Christi ndependent School District * * -* * • x Y ♦ Y * Mayor Garrett referred to Item 1- and a motion was made, seconded and passed to open the public nearing on the following zoning case Case No 0507 -0v Scott Electric Company. Inc A change of zoning from an "1 -2" Light industrial District tc ar ! -' ' Heavy Industrial District on property described as Shoreline Jack, Block :3 located or John Street approximately 145 feet west of North Port enue City Secretary Cnaua stated that the Planning Commission and staff recommended denial of an -3" Heavy Industrial District and in lieu therecf, approval of a Special Permit, for one (1) 3,000 ga 1cn above ground fue tank for the storage of unleaded gasoline, subject to a site plan, and approva, by the Fire Marshal and 2.,ninq Board of Ad;ustment. Faryce Goode- Macon. inte -im Assistant Director of Development Services, explained that the appl icant is requesting the zoning change to relocate a 3,000 - gallon fuel tank. Ms. Goode - Macon referred to a poweraoint presentation including an existing and use map; a 2003 aerial view; bootograpns of t:he subject propery, an ownership map of Scott Electric property; and Planning Commission and staff's re ommenlatio.r, Minutes - Regular Lou e19 2)Q7 _.3a r cc Meet n: Su;r c r exas R ;, Gra ide Aid and on behalf of the residents of the Hil! crest Ne gnbcrhood ,Asscciatioiii and Lee Spears 4913 Go!deneye spoke in opposition of the zoning 'tinge canal Members asked gut scions regarding the safety, testing, inspections and history of lie 'ue tank t`e reco -n.' endatio• of the °I -2' with a Special Permit instead of the "1 -3" the nd v duals appear in opos do if the non - conforming tank was still legal if the tank was empora''w moved cm the angina! :scat on the number of notices sent and identity of the owners; the negotiation to purchass, Lo7 1C )1 De'rpsey Street by Scott Electric: and the placement of the emQ y fee' tank t-t ; or ,vertu to nin aporovai rr Kelly made a n :.tior o c ose n. e pubic nearing, seconded by Mr. Elizondo, and passed. unD Member Kei y image a MOTH an to delay the vote on Item 17 to June 26, 2007 to allow the property .owners dog Scco Electric ro work out their differences. The motion failed for lack of a second ,,M. Chaos o:)11ec tine four oil to tne.r votes as follows � RDINANCE NO )273 ^4 {mending he Zoo ng Ord,. ancea upon application by Scott Electric Company, Inc , by hanging tine zon r g map reference tc a portion of Shoreline Park, Block 8, Lot 3, ou•rent y zoned 1 Light Industrial District) by granting a Special Permit for one (1) 3,000 gai 'ion above ground fuel storage tank per the metes and bounds description; amending the Comprehensive Plan to account to any deviations from the existing Comprehensive Plan; rcviding a repeale clause ,orov ding a penalty. providing for publication. eme,-gen was decia-ec anc the foregoing ordinance was passed and approved with e follow! -o .note Garrett Hizondo Humrnell Marez. and Martinez, voting "Aye "; Kelly, eai and McC,.Jtcn, ��, v rtt no Na `y Cooper was absent HDRA4A! - Bending Inc - Zanj +. - O4+na+ -se +$on- applicat +on by do414son & P } aag+r►g -k?e 2941+PQ map +n fe ence to 33 6 acres out of Lots 17, 18, 19, and 20, Section 1 L Fleur #ant Encinal 1=arn+ and Garden Tracts, from "R -1 B" One family Dwelling D strict to 8-4 Ge era s ne-ss 1)strict, _ aav a-t r+a#ren=} the exist- ng- Gamprebe -nsive Plan providing a repealer clause; providing a penalty for pebl oaf -cat, Mayor Garre-t came i for the oity Manager's report. City Manager Noe announced a news conference on Wednesda June 2J: `' at ' 30 p.m at Cole Park to unveil the new graffiti truck. City Manager Noe announced a public meeting on the 2006 Annual Drinking Water Quality Report on Thursday, June 21.:' a- 6 CC p r^ at toe Water Utilities Conference Room Mayor Garre -t asked staff to :;rovide a report on the status of the replacement of the Airport and Development Se-vices.. Directs s Mayor Garrett also spoke regarding the City's customer service. Mayor Garrett oaliec for Cou concerns and reports. Council Member Marez asked for a presentation on the -- rise rdinancF inciuding state statutes n..ates - Regina Cobh:- Meet in 1' -?007 - Page Member - eai asKE..d f updates on issues from the city council action requests staffing tc r the iaire c vision, scewalk improvements in the downtown area, and r�= it Oki o t El Pas s cos- -or haturti gas Ms. Leai thanked Director of Storm Water Operations ✓a Brie a ay art s aff for 'nelf ass stance in the Crestmont area Director of Water Operations Ed arana for assistance ir the Mc a a a and the Code Enforcement Department for mowing severs iQh <.:uncl Me-noer um~ne!' ?cc ?e.4 a pothole located on Carancahua Street between the n isor. iaza and C rY owei : uncr Member McCutchcin reported potholes in the South Shores Subdivision on Cape Cod an ; Cape Aron Council Memoer McCutchon also spoke regarding a proposal by citizens to do a project on a concrete c r le on Whitecap Boulevard the approval process on ordinances; and a waiver f a sprin< er system for a - 'c Buff nursing home ; euncr Member Martinez eported on an e-mail frcm Paige Dinn thanking the Police Department, Tony Reyes and volu steers for their efforts with a summer program for children. Ms. Martinez also soOKe rega -ding the =poise ordinance ere be nc no further bus Hess ':c come ioefore the Council, Mayor Garrett adjourned the J unc rreeting at 4 24 -; m cin ,� �e ' 2007 a CIVIL SERVICE BOARD /COMMISSION — One (1) vacancy with term to 6- 15 -10. (The City Manager appoints to the Civil Service Commission and the City Council appoints to the Civil Service Board. Traditionally. the same member serves on the Board and Commission.) DUTIES: To adopt, amend. and eniorcc a code of rules and regulations providing for appointment.. employment, or suspension in all positions in the classified service based upon citizenship, character, merit, efficiency, and industry, which shall have the force and effect of law; and also rules regulating promotions, demotions, reduction of force of employees in the classified service and in what order they shall be dismissed and reinstated, COMPOSITION: Three (3 members shall be appointed by the Council for three -year terms or until a successor named The members choose their own chairman and appoint a chief examiner, not a member of the Board, who shall also act as secretary. :MEMBERS ORIGINAL FERMS APPTD. DATES lose Moncada. 0 -15 -09 8 -23 -05 John Silvas n -15 -08 3 -08 -05 *Eileen Butler 0-15 -07 7 -11 -06 (Note: City Manager George K. Noe is recommending the reappointment of Eileen Butler to the Civil Service Commission.) ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR [1 leen Butler 4 100% OTHERINDIVIDUALS EXPRESSING INTEREST Joe Benavides Shelley Franco JSMC Retired. Received Bachelors in Management and --Iuman Resources. Member of the Regional Transportation -Xuthorit,.Y Board of Directors. (3- 03 -05) Senior ?duality Assurance Manager/Equal Opportunity )fficer_ Has received \ arious training in equal opportunity, °luman esources, and fraud investigations. Activities nclude assisting the Patriot Band & Honor Guard of \merica. Inc with various projects, TWC's Equal )pporturuty Department in the Department of Labor's ivi l Rights t enter. (6-07-05) .eiia Gallegos- Garcia Angelica F Hernandez Eduardo iiinojosa _. Douglas Johnson 'hon -Kvun Kim Michael San Miguel Human Resources Manager, USS Lexington Museum On The '!3ay. Currently a member of the Corpus Christi Human Resources Management Association Chapter. (7- 15 -06 Attorney, Paul G. Kratzig & Associates. Received B.A. from Saint Mary College and J.D. from Washburn ,n yersity School 0f Law. Activities include: State Bar of l exas. C.0 Bar Association, American Bar Association, Coastal Bend Women's Lawyers Association, Defense Research institute, 1 eague of Women Voters, C.C. Barrios A :ssoc;aticn. Hispanic Chamber of Commerce and Westside Business Association. (3- 21 -06) Retired, State of Texas Administration. Received a taster's degree. Activities include: Planning Decision Making Member at Kostoryz Elementary School. Received the "Rancher of the year" Award. (3- 04 -05) Director of Human Resources, Peerless Cleaners. Received B .\ rorri Texas A & M Corpus Christi. Activities induct: Member 0-' the Corpus Christi Human Resource Management Association, T- Ball coach and Southside Little ,eague. (2- 23 -05) Assistant >'rofessor, Texas A &M University - Corpus Christ Received B.A. in History from Kyunghee Iniversity_ Seoul, South Korea, M.P.A. in Public Administration, Korea University, Seoul, South Korea, and Ph.D. in Political Science, State University of New York at Binghamton Recipient of Research Grant, Tuition Scholarship and Graduate Teaching Assistantship and International Student Grant -in -Aid Award. (5- 14 -07) Instructor /Program Coordinator, Career Centers of Texas. Receix ed 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 '_it the Month. (5- 25 -07) Vocational Rehab Counselor, Texas Division of Rehabiirtatrun Services. Received B.S. in Chemistry at the Math nivcrsity of Wisconsin and M. Education at the Urn\er.4 ty f Texas at Austin. Activities include: Vocational Counselor for the State of Texas and the Develoomera Committee for the Rehabilitation Services System (6- 16 -06) Human Resources Manager, Maverick Engineering, Inc. Received a B.A. in Business Management from Southwest Texas 'tats University and M.A. from Texas A & M Un«er<it. Corpus Christi. Currently serves on the Corpus Christi Human Resources Management Association Board or Directors and is familiar with the civil service process (3- 07-05) 3 At'ENDA MEMORANDUM RECOMMENDATION: Motion approving a contract with Wells Fargo Merchant Services, Melville, NY for establishment of a merchant services account in accordance with Request tor Proposal No. B1-0088-07 "7 for an estimated annual expenditure of $107,561.65 of which S8,%3.4 s budgeted in Fv06 /07 ' he account will establish credit /debit card service for approximately eleven City revenue collection locations throughout the City. Funding is budgeted In the various using departmental operations budgets Purpose. This ontract will cover eleven City locations accepting credit Lards including Central Cashiering, Landfill, Development Servi( es. Marina. Municipal Court, Oso Golf Course, Gabe I ozaro (:golf Course. Vehicle Impound, Health Department, Museum and Animal Control. This merchant services account will allow for ccreditidebit card transactions from all the major credit card a ompanies including VISA. MasterCard, Discover and Amer can Express Previous Contract The ( qty s currently operating on a month to month basis with our present merchant services provider. RFP's Issued: Fourteen RFP's Received: Five Award Basis: Low t ost Provider Proposers were requested to bid a cost for services based on the number of transactions made in a year and the dollar volume of mone exchanged. Wells Fargo Merchant Services LLC is the owes cost provider Funding: Various City Funds 1 Month) 1020 - 10440- 540030 1020- 10840- 540030 1020 - 1170- 540030 1020 - 12520- 540030 1020- 12600 - 540250 1020 - 12680- 540250 1020- 13490 - 540030 4670 - 12201- 540250 4690- 35200- 540250 4690 - 35210- 540250 4700- 35300- 540030 Michael arrera Assistant Director, Financial Services $1,740.62 2,913.44 250.90 1,017.80 124.25 31.89 158.13 1,657.51 388.71 537.00 143.22 Total: $8,963.47 3 j iJUE .AF 1.1U 3 3 " 5 3 y 5< j 5< 7 N M j N 0 7 N .. U , N 0 m n N ) D N a D A m n ' m m . m C m Om o(0 r o(2 m g0 Q 0 = CD a CD a m m n A m m m m A N m m m Y O a t 0N Cr G O. 7 N i' N N m a , 3 N _ 03 m ow GO ci n ' a if n m fD ; n O d m n� 'D 94 a m n m m m o 6 ' o 3 3 3 3 m m m Fir m O N W N M , N N � N O la a 10 V V 00 O brr CC s N N N f0 D) W A • co La in 40 0) N 0 N H N W N N t0 • N 0 N U 100 0) o 00 0 O _. 0 GA 1:4'44:"" N Q N W N Vt N O W N 0 N •.- CD O N A a 0 W co 9SQ 9£i$ ca • C m .. ap 3 " • O s m • a CD '0 m O 1 r • N PO co ea0 07 o 0 W N N W W W A A A A O O O O_ . A A A in in OS 0 J i J J 40 N • A • A • O .a V co V 0 01 ▪ N v. CO 0 A A D. AMFND'V1ENi FO THE MERCHANT SERVICES BANKCARD AGREEMENT This .A'MENDME \ f ("Amendment i dated June 2007, to the Merchant Agreement, which nclucies the Merchant Processing Application, the Program Guide Form WFB 807 and the schedules !hereto and documents incorporated therein each as amended from time to time (collectively, the Agreement ") by and among City of Corpus Christi ( '('ustomer "), and Wells Fargo Bank, N.A. and Wells t-argo Merchant Services. 1 I,C ( collectively. "WFMS' is made and executed as of the date written above Effective Date' ) Hv amor L Customer and AIMS WHERLAS. the parties wish =c•i amend the Agreement as set forth herein. NOW THEREFORE, in consideration of the mutual promises and covenants hereinafter contained n this Amendment, the parties hereby, agree as follows Section 17 - Exclusivity: Shall be deleted and replaced as follows, "With the exception of services provided for the Corpus Christi Airport, during the term of this Agreement Customer shall use WFMS as exclusive provider of all Services. If upgrade to Federal APD version 6 t12 is feasible for Corpus Christi Airport in the Airport Director's sole discretion, WFMS agrees to pay ('ustomer $500 towards Federal APD software upgrade, and WFMS shall provide Services for the orpus Christi Airport at same fees charged to other City depa.tments (r accounts Section 18,5 Fees: Shail be deleted and replaced as follows: "Wells Fargo fees of $0 410 on each authorization attempt shall not increase during the initial twelve -month term of to is :Agreement. Section 23,2 Tenn; Events of Default: Shall be deleted and replaced as follows, "The intt;ai =erm of this Agreement shall commence and shall continue in force for twelve month periods after t becomes effective. with an option to extend for up to four (4) additional twelve month periods subiect tt, agreement of WFMS and the City Manager or his designee. 4 Section 23.3 Term; Events of Default: 1 he first sentence shall be deleted and replaced as follows, 'Note, ithstanding the above or any other provisions of this Agreement, either party may ierrninate this Agreement ;-e any time and for any reason by providing 30 days' advance notice •_t the c=uter 5 Section 33.1 Choice of Law: Shall be deleted in its entirety 6 Section M.2 Venue: Shall be deleted in its entirety 7 Acid. 10 the extent Glowed by Texas law" at the beginning of the Indemnification Provisions: Section '6 r ?0 4 1.10 & 3: I except as expressly modified ny this Amendment, all provisions contained in the Agreement shall remain m full force and effect. Neither this Amendment. nor the Agreement as modified or supplemented by this Amendment. shall be interpreted in favor or against any party thereto because such party or its counsel drafted this Amendment or Agreement. In the event of any conflict or any inconsistency between the Agreement and this Amendment. the pros isions of this Amendment shall govern and control. his Amendment may be exec uted in two or more counterparts, each of which will be deemed an original and all of which together will constitute one instrument. This Amendment may be executed and delivered by facsimile and the parties agree that such facsimile execution and delivery shall have the same force and effect as delivery ;fan original document with original signatures, and that each party may use such facsimile signatures as evidence o' the execution and delivery of this Amendment by all parties to the same extent that an original gnature ,uld he used -W4 IMPOINITIMMINIENNIMPIpi,..kii4 • 4111111111111.1104 k iliHNWM60 4.1aitt 0' 07 00 &E FA -NI A bL576 OS-11'01 01:1111. From-MILLS $A1110 4153T1 545 7-018 P003/003 F-026 r.uurfoup P-4111 D4 WITNESS WHEIWIOP, the woes hive mud 11104. Aly authorized roPmeinstiva mode is Aisaidasset as provided below. CM OP COMB CHEM (CuSTOMBIr) By TOR Dew 46-4-ovA as to form: 1 's<Agu Ars, Istant City 'Attorney For City Attorney WELLS FARGO DANN, ("BANK") 1. TEC Oft: _e367 J21 /aatf WELLS FAItGO MERCHANT SERVICES, LLC rWirM111 BY: Mk: Dire: ns'or ieg . heinied o4121./ 4 COUN( "IL MEMORANDUM 'MOTION: Motion approving the award of security access gates for the Wastewater -reatment Plants with Total Protections Systems Inc., Corpus Christi, Texas for a total amount of $765.:'5 I ` ° Funds are available in the 2007 Wastewater CIP Fund. * * * * * * * * * * ** m. ***.************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Ptarpos Basis or Award Pun ing Fhis award will provide for security access gates at all the Wastewater Treatment Plants servicing the City. It enhances the . Homeland Security initiative targeted at increasing the eve ; of protection provided at critical City facilities and systems. he it■ has contracted with Total Protection Systems, Inc. for huilding securityiaccess for various facilities requiring controlled acce<,s to the buildings, Over the past four years, upgrades to 'A isting systems have been installed at the Water /Wastewater tili ies office Building, Wastewater Operations Building, Wesley seal( Dam, ON Stevens Water Filter Plant and City Hall Building. Nev‘ security systems have been installed at the Police Building and Marina. All systems have been integrated to allow for central .(intro' and monitoring of the security of the buildings and `acd ties 7 his award is exempt from the competitive bidding statutes. Local overnment Code. Chapter 252, Section 252.022(2) provides for an exemption for a procurement necessary to preserve or protect the public health or safety of the municipality's residents. ota Protection Systems, Inc. has installed the existing security access control systems at the above referenced facilities And s o)nsidered a sole source provider due to system ompatibillty requirements. 1�astewater CIP 550910-4500-00000-190215 Michael'Barrera Assistant Director of Financial Se ces $765,351.55 P e eet June 26 2007 Bvw Michae. 6a Security Gates for the Wastewater Treatment Plants `otai Protection Services Inc Plan; Corpus Christi Texas BASE WORK General Costs Mobilization Bonding Excavations Oao Wastewater Treatment Plant Card Reader Interface lift master gate system control processo; detection loops system configuratio= power supply and switcn gear, radio transceiver conduit, wire cable boring core drilling bollard, speed +•.nnp labor insurance and permitting Lacuna Madre Wastewaggr Treatment Plant Card Reader, Interface OR master gate system control processor detection loops, syster* configuratior power supply and switch gear conduit, wire, cable bonng core drilling, bollard, speed h ;rnp labor ' nsurance and permitting yllhltecao Wastewater jjaatment Plant Card Reader Interface lift master gate system control processor detection loops. systerr configuratior power supply and switch gear. conduit, wire. cable boring core drilling, bofiard, speed labor insurance and permitting firvenwood Wastewater Treatment Plant Card Reader interface lift master gate. system control processor detection loops. system configuratior power supply and switch gear, radio transceiver, conduit, wire cable boring core drilling, bollard, speed n,mp tabor nsurance and permitting yoadwav Wastewater Treatment Plant Card Reader Interface NR master gate system control processor detection loops, system configuratior power supply and switch gear. radio transceiver, conduit, wire, cable. boring core drilling. bollard, speed h.,mp labor nsurance and permitting Edison Wastewater Treatment Plant Card Reader Interface NR master gate system control processor detection loops system configuratior power suppiy and switch gear conduit, wire cable boring core dnlling boiiard, speed r :rip labor ' nsurance and oermittino ADDITIVE ALTERNATE general Costs Mobilization Bondinc Excavations $46 07946 $151 794 39 $65,298 94 $67,682 44 $133,229 52 $128,084 51 $67 892.34 Base Work Subtotal, 5660,061.60 Wastewater Eauioment Yard Card Reader interface lift master gate system control processor detection loops, systers configuratior power supply and switch gear conduit wire, cable boring core drilling bollard speed h labor nsurance and permitting p $7 523 01 $97 766.94 Additive Alternate Subtotal $105289.95 _rand Tatal $765,351.55 Mpro eG n(,leAnibits \exr, 1 yo (1) PROP. VEHICLE GATE ALUIION WPM PY • PROJECT . (2) PROP. VEHICLE GATE ArwwrPJ =4. II � ,'.� LA (2) PROP VENICE GATE y' ♦� ■ 14-"i} 447 (2) PROP. VEHICLE GATE (1) PROP. VEHICLE GAT 7119 IIIIIMPIRENT ORY SERVICE D 2) PROP VEHICLE GATE WHITECAP MVP (1) PROP. VEHICLE GATE LOCATION MAP NOT TO SCALE HOMELAND SECURITY IMPROVEMENTS AT WASTIIAR TREATMENT PLANTS AND WASTEWATER EQUIPMENT YARD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06/21/2007 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/26/07 AGENDA ITEM: A. Resolution authorizing the City Manager, or designee, to execute an interlocal agreement between the City of Corpus Christi and Nueces County to establish terms for the sharing of the 2007Byme Justice Assistance Grant (JAG) Program Award. B. Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $236,403 to the U.S. Department of Justice, Bureau of Justice Assistance for funding eligible under the FY 2007 Edward Byme Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. ISSUE: The Department of Justice provides funding opportunities each year in an effort to reduce crime and improve public safety through various methods, including the procuring of equipment, technology, and other material directly related to basic law enforcement functions. REQUIRED COUNCIL ACTION: Approval of the interlocal agreement. FUNDING: There is no match required of the grant. Funds are available for a 4 -year period beginning 10/01/2006 (the first fiscal year of the appropriation). CONCLUSION AND RECOMMENDATION: Staff recommends approval of the interlocal agreement. Bryan P. Smith Chief of Police Attachments: Interlocal Agreement BACKGROUND INFORMATION A. Under the Justice Assistance Grant (JAG) (previously Local Law Enforcement Block Grant LaiG), we have been declared a disparate jurisdiction and have agreed to split the funds 50150 with Nueces County. A disparate allocation occurs when a constituent unit of local government is scheduled to receive one and one half times more (four times more for multiple units of local govemment) than another constituent unit(s), while the other unit of local government bears more than 50% of the costs of prosecution or incarceration that arise for Part 1 violent crimes reported by the geographically constituent unit(s). Ju€isdictions certified as disparate must submit a joint application for the aggregate of funds allocated to them, specifying the amount of the funds that are to be distributed to each of the units of local government and the purposes for which the funds will be used. When beginning the JAG application process, a Memorandum of Understanding (MOU) must be completed, signed, and faxed to OJP, indicating who will serve as the applicant/fiscal agent for the joint funds. The City and County staff met and agreed that the City will serve as the lead agency, and the Nueces County Commissioners Court approved the interlocal agreement as well as proposed expenditures on June 20, 2007 B. JAG funds can be used for state and local initiatives, technical assistance, training, personnel, equipment, supplies, contractual support, and information systems for criminal justice for any one or more of the following purpose areas: • Law enforcement programs • Prosecution and court programs • Prevention and education programs • Drug treatment programs • Corrections and community corrections programs • Planning, evaluation, and technology improvement programs With this award, the program has provided a total of $3,715,802 in grant funds to the City since the program began in 1996. The funds have been used to purchase backbone equipment for the Mobil Data/Automated Vehicle Location project, 27 police package vehicles, 69 unmarked police units, a property van, SWAT equipment, a bomb suit, digitized ratios, radios for the Communications van, digital cameras, radars, video cameras, personal computer hardware and software, an upgrade to the computer system and the radio microwave system, a mobile police substation, polygraph instrument, air packs, SWAT rescue vehicle, and other police equipment. The Police Department proposes to purchase law enforcement equipment within the Attomey General Priority areas of gang enforcement/prevention, cybercrime, and intelligence analysis. Nueces County proposes to utilize their share of the JAG funds to fund a Drug Prosecutor in the District Attorney's office and other law enforcement equipment. GMS APPLICATION NUMBER THE STATE OF TEXAS COUNTY OF NUECES KNOW ALL BY THESE PRESENT INTERLOCAL AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI, TEXAS AND COUNTY OF NUECES, TEXAS 2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD This agreement is made and entered into this day of , 2007, by and between the COUNTY of NUECES, acting by and through its governing body, the Commissioners Court, hereinafter referred to as COUNTY, and the CITY of CORPUS CHRISTI, acting by and through its governing body, the City Council, hereinafter referred to as CITY, both of Nueces County, State of Texas, witnesseth: WHEREAS, this Agreement is made under the authority of Section 791.011(a), Government Code and WHEREAS, each governing body, in performing governmental functions or in paying for the performance of governmental functions hereunder, shall make that performance or those payments from current revenues legally available to that party and WHEREAS, each goveming body finds that the performance of this Agreement is in the best interests of both parties, that the undertaking will benefit the public, and that the division of costs fairly compensates the performing party for the services or functions under this agreement: and WHEREAS, the CITY agrees to provide the COUNTY fifty percent (50 %) of all funds received from the JAG award: and WHEREAS, the CITY and COUNTY believe it to be in their best interests to reallocate the JAG funds GINS APPLICATION NUMBER NOW THEREFORE, the COUNTY and CITY agree as follows: Section 1. CITY agrees to pay COUNTY a total of fifty percent (50 %) of JAG funds received from this award Section 2. COUNTY agrees to use the fifty percent (50%) of JAG funds received from CITY under this agreement for the enhancement of law enforcement during its 2007 - 2008 fiscal year Section 3. Nothing in the performance of this Agreement shall impose any liability for claims against COUNTY other than claims for which liability may be imposed by the Texas Tort Claims Act. Section 4. Nothing in the performance of this Agreement shall impose any liability for claims against CITY other than claims for which liability may be imposed by the Texas Tort Claims Act Section 5. Each party to this Agreement will be responsible for its own actions in providing services under this Agreement and shall not be liable for any civil liability that may arise from the furnishing of the services by the other party. Section 6. The parties to this Agreement do not intend for any third party to obtain a right by virtue of this Agreement. Section 7. By entering into this Agreement, the parties do not intend to create any obligations, express or implied, other than those set out herein. Further, this Agreement shall not create any rights in any party not a signatory hereto. (SAS APPLICATION NUMBER CITY OF CORPUS CHRISTI COUNTY OF NUECES C eorgie K. Noe Samuel L. Neal, Jr. Cfty Manager County Judge ATTEST: Armando Chapa Chy Secretary APPROVED AS TO FORM Diana Barrera County Clerk Joseph Harney Laura Garza Jimenez Assistant City Attorney County Attorney RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF CO PUS CHRISTI AND NUECES COUNTY TO ESTABLISH TERMS FOR THE SHARING OF THE 2007 BYRNE JUSTICE ASSISTANCE GRANT (JAG) PROGRAM AWARD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute an interlocal agresnent between the City of Corpus Christi and Nueces County to establish terms for the sharing of the 2007 Byrne Justice Assistance Grant (JAG) Program Award. ATTEST: Armando Chaps City Secretary APPROVED: ✓�� LCI , 2007. 1 Joseph Harney Assistant City Attomey For City Attorney Reso1 -I*Ag -Byrne Awd. doc THE CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Resol- MftAg- BymeAwd _ doc 2 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $236,403 TO THE U. S. DEPARTMENT OF JUSTICE, BUREAU OF JUSTICE ASSISTANCE, FOR FUNDING ELIGIBLE UNDER THE FY 2007 EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT, 50% OF THE FUNDS TO BE DISTRIBUTED TO NUECES COUNTY UNDER THE ESTABLISHED INTERLOCAL AGREEMENT. GRANT FUNDS WILL BE USED FOR THE ENHANCEMENT OF LAW ENFORCEMENT EFFORTS BY THE POLICE DEPARTMENT AND NUECES COUNTY. SE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. The City Manager, or his designee, is authorized to submit a grant appiicaeon in the amount of $236,403 to the U. S. Department of Justice, Bureau of Justice Assistance, for funding eligible under the FY 2007 Edward Byme Memorial Justice Assistance Grant, 50% of the funds to be distributed to Nueces County under the established interlocal agreement. Grant funds will be used for the enhancement of law enforcement efforts by the Police Department and Nueces County. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form e , 2007 Joseph HaVney Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr Mike Hummel' EMI Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon +6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 26, 2007 AGENDA ITEM: Resolution authorizing the City Manager, or the City Manager's designee to submit a grant application to serve as the Fiscal Agent for the Texas Department of Family and Protective Services (DFPS) FY 2007 -2008 78415 Community Youth Development (CYD) Program with $500,000 DFPS Funding. ISSUE: DFPS anticipates continued funding for the CYD Program in various cities throughout the state. The City of Corpus Christi will apply for a twelfth year of funding for an amount of $500,000 for Fiscal Year 2007 -2008 to be used for programs in the 78415 ZIP Code area. The City serves as the Fiscal Agent and not the Grant Administrator as in other program areas. The 78415 CYD Steering Committee has utilized an objective consensus- scoring tool for all proposals submitted. Their recommendation to the City Council is based on many hours of review and consideration. Any changes to the Steering Committee's recommendation by the Fiscal Agent will cancel any contract with DFPS for 78415 CYD Program funds for Fiscal Year 2007 -2008, and the 78415 ZIP Code area will not receive any funding. In order to be considered for funding in Fiscal Year 2007 -08, renewal packet must be delivered to DFPS by Friday, July 13, 2007. In May 2007, DFPS informed all CYD contractors (including the City of Corpus Christi) of the anticipated funding level for Fiscal Year 2007 -2008. In preparation, the City, as current Fiscal Agent, called for proposals from the community. Public notice of this was advertised in the Corpus Christi Caller Times newspaper on April 21 and April 28, 2007. In addition, all current subcontractors were informed. The 78415 CYD Steering Committee is currently evaluating the submitted proposals for submission to DFPS. REQUIRED COUNCIL ACTION: Authorization to submit an application to serve as the Fiscal Agent for DFPS FY 2007 -08 CYD Program in the approximate amount of $500,000. PREVIOUS COUNCIL ACTION: On May, 22, 2007, City Council appropriated additional funding from DFPS in the amount of $7,000 for a CYD Graffiti Clean Up that took place on Saturday, June 2 2007 at Crestmont Park. CONCLUSION AND RECOMMENDATION: Staff recommends approval or resolution. Sally Ga , Dir- or Parks a d Recreation Department Attachments: Background Information BACKGROUND INFORMATION On May 27, 1997, the City Council approved a transfer agreement with the Workforce Development Corporation pertaining to the CYD Contract with DFPS for the 78415 CYD Program, and executed a contract with TDPRS. The City Council also passed a resolution (#022938) establishing the CYD Steering Committee. Since then, the City has served as the Fiscal Agent for the program and entered into subcontracts with many community agencies for CYD service. In 19185, DFPS developed a program to fund local grass roots efforts in the highest juvenile crime area; of the state by ZIP Code. The program sought to create activities that were not currently available within the local 78415 ZIP Code area. These activities were made available to youth ages 5-17. Eligible activities must fall within the following categories: menbring, activities, employment, education, and/or youth leadership. In order to meet DFPS guidelines, a mentoring and youth leadership component must be part of the overall 78415 CYD Program's Plan of Operation. Singe its inception, the CYD Program has served the 78415 zip code area through a number of service providers. These include Boys & Girls Club, Communities In Schools, Corpus Christi Housing Authority, Corpus Christi Independent School District, Corpus Christi Public Library, Paisano Girl Scout Council, Parks & Recreation Department, Planned Parenthood, Volunteer Center of the Coastal Bend, Youth Odyssey, YMCA and YWCA RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO SERVE AS THE FISCAL AGENT FOR THE TEXAS DEPARTMENT OF FAMILY AND PROTECTIVE SERVICES (DFPS) FY 2007 -2008 78415 COMMUNITY YOUTH DEVELOPMENT (CYD) PROGRAM, WITH $500,000 DFPS FUNDING. BE IT RESOLVED BY THE CITY COUNCIL 0: THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1 The i ity Manager, or designee, is authorized to submit a grant application tc serve as Fiscal Agent for FY 2006 -2007 Texas Department of Family and Protective Services (DFPS) 78415 Community Youth Development (CYD) Program, with $500,000 DPPS funding SECTION 2. The City Manager or designee, may accept, reject, agree to alter the terms and conditions of er terminate the grant, if awarded to the City. SECTION 3. This Resolution shall take effect and be in full force immediately after its adoption by the Cite Counci ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED June ` 1 200- Lisa Aguilar Assistant City Attorney '=or City Attorney Henry Garrett Mayor Corpus Christ:. Texas 200? 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 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 26, 2007 SUBJECT: WorkSource of the Coastal Bend ( "WorkSource ") intends to submit a grant application for funding of a program to provide job - skills training to youth in the Corpus Christi area and to provide affordable housing AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute a letter of commitment to provide funding through the Corpus Christi Business and Job Development Corporation in the amount of $135,000 related to the WorkSource of the Coastal Bend Grant application for the YouthBuild Program to provide Affordable Housing. ISSUE: WorkSource will submit an application to the U.S. Department of Labor (DOL) for the YouthBuild Program. YouthBuild is a community development program that has been implemented successfully across the country. The program simultaneously addresses core issues facing low- income communities such as: housing, education, employment, crime prevention, and leadership development. The YouthBuild programs involve low - income youth ages 16 -24 years who are working towards their GED or high - school diploma The programs also provide opportunities for the youths to learn job skills, and serve their communities by helping to build affordable housing. Won Source has requested that the Corpus Christi Business and Job Development Corporation commit to provide funding, contingent upon the grant being awarded to WorkSource, in the amount of $135,000 to include $80,000 for affordable housing rehabilitation assistance and $55,000 for enhanced loan buy -down for new construction affordable housing to be used in the YouthBuild program proposed by WorkSource. Such funding will assist in the rehabilitation of eight (8) homes and the construction of ten (10) new affordable homes WorkSource has partnered with the Nueces County Community Action Agency (NCCAA) and other local community organizations in preparing the grant application. NCCAA will serve as a key partner to this program providing significant expertise and resources in the area of homebuilding and accessing affordable housing. WorkSource will be the grantee and serve as the fiscal agent of the program. Other agencies will participate in the education and training of the youth One of the key components for receiving the YouthBuild grant is the requirement of a cash or in -kind match of 25% of the grant award. The proposed grant application includes an estimated budget of one (1) million dollars. WorkSource has also received commitments from NCCAA and other local foundations and organizations to provide resources to help meet the in -kind requirement. The committed funding will be contingent upon WorkSource of the Coastal Bend being awarded and receiving 2007 YouthBuild grant funds, and will be made available on a "draw -down" basis upon compliance with the terms of a grant agreement relating to the YouthBuild program On, June 14, 2007, The Corpus Christi Business and Job Development Corporation Board of Directors approved the issuance of a letter of commitment in support of the YouthBuild grant application REQUIRED COUNCIL ACTION: City Council approval is necessary to authorize the City Manager, or his designee, to execute a letter of commitment to provide funding through the Corpus Christi Business and Job Development Corporation in the amount of $135,000 to include $80,000 for affordable housing rehabilitation assistance, $55,000 for enhanced loan buy -down for new construction affordable housing to be used in the YouthBuild program proposed by WorkSource CONCLUSION AND RECOMMENDATION: City Council to authorize the execution of a commitment letter for the WorkSource of the Coastal Bend grant application for the YouthBuild Program to provide affordable housing. Respectfully Submitted, e Morales Haag, Di r'r borhood Services Department Attachments: Resolution for Commitment Letter Commitment Letter YouthBuild Executive Summary and Program Overview Proposed Work Plan BACKGROUND Corpus Christi Business and Job Development Corporation - Afordable Housing Program The availability of affordable housing has been and continues to be a major goal of the City of Corpus Christi. Toward this effort. Proposition 2B was approved by the voters, enacted by the City Council, and filed with the State Comptroller of Texas with an effective date of April 1, 2003. Under Proposition 2B, a 1/8th cent sales tax increase is authorized for economic development which up to $500,000 per year is to be available for affordable housing programs This 1/8th cent sales tax for economic development is authorized for 15 years The Corpus Christi Business and Job Development Corporation (4A Board) is responsible for managing the use of the funds. A decision was made and approved by the Board to use the funds for individually owned single - family affordable housing units. The City's 4A Board of Directors has conducted three rounds of "Request for Proposal's" soliciting proposals and awarding funding to projects that provide individually owned affordable single- family housing opportunities. N. Project Concept The City's 4A Board of Directors seeks proposals involving the creation of individually owned single - family housing units Proposals must be for affordable single- family home ownership units designed to assist low and moderate income households. Persons assisted must be residents of the City of Corpus Christi; must not currently own a home; and must meet the following HUD income guidelines INCOME LIMITS ( 80% OF MEDIAN INCOME ) FAMILY SIZE 2 3 4 ANNUAL INCOME 27000 i 30850 l 34700 i 38550 5 6 7 8 41650 44700 47800 50900 Revised 3121/07 Income limits are established by HUD and are subject to change without notice. M. Affordable Housing (Definition) Affordable Housing is a general term applied to public and private sector efforts to help low and moderate income people purchase homes. Usually the programs offer cash down payments, eased loan- qualifying rules, and/or below market interest rates. Affordable Housing is a dwelling where the total housing costs are affordable to those living in that housing unit. In the United States, a commonly accepted guideline for housing affordability is a housing cost that does not exceed 30% of a household's gross income. Housing costs considered in this guideline generally include taxes and insurance for owners, and sometimes includes utility costs. When the monthly carry costs of a home exceed 30 -35% of household income, then the housing is considered unaffordable for that household. Household Income: A primary factor in housing affordability is household income. In the US, households are commonly defined in terms of the amount of income they earn relative to 100% of the Area Median Income or AMI. Localized AMI figures are calculated annually based on a survey of comparably -sized households within geographic ranges known as Metropolitan Statistical Areas, as defined by the US Office of Management and Budget. For housing policy purposes, households are categorized as follows Moderate Income households earn between 80- 120% of AMI. Low income households earn between 50-80% AMI Very Low income households earn no more than 50% AMI Note that localities can adapt these income limits when administering local affordable housing programs; however federal programs must adhere to the definitions above. Additional BACKGROUND BACKGROUND° The Nueces County Community Action Agency (NCCAA) is proposing to partner with WorkSource to incorporate the YouthBuild program into an existing Affordable Housing contract with the Corpus Christi Business and Job Development Corporation (4A economic development sales tax funds for affordable housing). NCCAA existing contract was awarded for an Infill Revitalization Pilot Project in the Soledad Neighborhood, in the amount of $175,000 for and acquisition ($80,000) and down - payment assistance for newly consgructed homes ($95,000). As a partner in this Infiil Project, the City of Corpus Christi agreed to earmark $171,500 in city federal funding for rehabilitation services of eight homes in the Soledad Neighborhood With the additional $135,000 being requested for commitment by WorkSource, the NCCAA proposes to amend their current contract's scope of work to provide construction skills development ( "hands on ") opportunities for the participating youths during the new construction and rehabilitation phases of their Infiil Revitalization Project. The proposed amendment would also provide for enhanced funding assistance for the NCCAA new construction down payment assistance which is currently funded at $95,000 of which $9,500 (per family) is provided for down - payment and closing costs to assist 10 families The additional $55,000 requested by WorkSource for buy -down assistance will further enhance this amount by $5.500 (per family) for a total amount of $15,000 for each of the 10 participating families Requested 4A funds in the amount of $80,000 would be utilized to assist low to moderate income families to "buy- down" the cost of a rehabilitation loan (estimated up to $30,000) administered by the City of Corpus Christi utilizing federal funds. NCCAA proposes to utilize up to $10,000 per family to be used in tandem with available city rehabilitation funds ($171500) presently earmarked for eight (8) homes in the Soledad Neighborhood. (See attachment, NCCAA YouthRuild Program Proposal for program details) Page 1 of 3 RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A LETTER OF COMMITMENT TO PROVIDE FUNDING THROUGH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION IN THE AMOUNT OF $135,000 RELATED TO THE WORKSOURCE OF THE COASTAL BEND GRANT APPLICATION FOR THE YOUTHBUILD PROGRAM TO PROVIDE AFFORDABLE HOUSING. WHEREAS, WorkSource of the Coastal Bend ( "WorkSource ") intends to submit a grant application for funding of a program to provide job - skills training to youth in the Corpus Christi area and to provide affordable housing, as that term is described in 42 USG Sec 12745; WHEREAS, WorkSource has requested that the Corpus Christi Business and Job Development Corporation commit to provide funding, contingent upon the grant being awarded to WorkSource, in the amount of $80,000 for affordable housing rehabilitation assistance and $55,000 for enhanced loan buy -down for new construction affordable housing to be used in the YouthBuild program proposed by WorkSource Such funding will assist in the rehabilitation of eight (8) homes and the construction of ten (10) new affordable homes; WHEREAS, the Corpus Christi Business and Job Development Corporation Board of Directors has approved the issuance of a letter of commitment in support of the YouthBuild grant application; WHEREAS, such funding will be made available on a "draw- down" basis upon compliance with the terms of a grant agreement relating to the YouthBuild program_ This activity and the amount of funding committed are reflected in the Work Site Description and the Technical Proposal as well as the Total YouthBuild Grant Budget; and WHEREAS, the City Council has determined that approval of a letter of commitment is in the interest of the citizens of the City of Corpus Christi. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. That the City Manager, or his designee, is authorized to execute a letter of commitment to provide funding through the Corpus Christi Business and Job Development Corporation in the amount of $80,000 for affordable housing rehabilitation assistance and $55,000 for enhanced loan buy -down for new construction affordable housing to be used in the YouthBuild program proposed by WorkSource. The letter of commitment shall in be in the form and content as set forth in Exhibit H ' \LEG -DI R\ Shared \GaryS\ agenda \200'\6- 261Res- YouthBuild. doc ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM June 19, 2007 aLrmilL G= ry '. Smith Assistant City Attorney For the City Attorney Page 2 of 3 CITY OF CORPUS CHRISTI Henry Garrett Mayor H +LEG -DIR \Shared \GarvS\agenda \200716- 261Res- YouthBuild.doc Page 3 of 3 Corpus Christi Texas 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 Mart inez Michael McCutchon H '\\LEG -D I R \Shared \GaryS\ agenda \2007\6- 26\Res- YouthBuild.doc MUM NNW City of Corpus Christi George K. Noe CITY MANAGER PC 9nx ;C o tts Texas 78469 -927' ?hone 36 ? -880-3220 Fax 361-880-38Y' ww,N- cctexas.:.Orr. `une 26. {'0" Ms Mary Ann Rojas, President WorkSource of the Coastal Bend 400 Mann St., Ste 1000 Corpus Christi, TX 784 +' Subject. Commitment of Housing Resources to Support YouthBuild Program Dear Ms Rojas This is to advise you that the City Council of the City of Corpus Christi is committed to provide funding in the amount of $80,000 for affordable housing rehabilitation assistance and $55,000 for enhanced loan buy -down for new construction affordable housing to be used in the YouthBuild program proposed by WorkSource of the Coastal Bend. Affordable housing is defined in 42 USC Sec. 12745 for the purposes of this commitment letter. This funding will assist in the rehabilitation of eight (8) homes and the construction of ten (10) new affordable homes. The authority by which this commitment is made is by Resolution of the Corpus Christi City Council adopted on June 26, 2007. This contribution is contingent upon WorkSource of the Coastal Bend being awarded and receiving 2007 YouthBuild grant funds, The Corpus Christi City Council is willing to sign a legally binding commitment to provide the funding through the Corpus Christi Business and Job Development Corporation upon award of a grant to provide such funding on a "draw- down" basis upon. compliance with the terms of a grant agreement relating to the YouthBuild program. This activity and the amount of funding committed are reflected in the Work Site Description and the Technical Proposal as well as the Total YouthBuild Grant Budget. As City Manager of the City of Corpus Christi, I am authorized to submit this letter. This commitment shall remain in effect through the term of the YouthBuild Grant being requested, subject to receipt of sales tax revenue by the Corpus Christi Business and Job Development Corporation and compliance with the terms of the grant agreement related to the YouthBuild program. Sincerely George K Noe City Manager EXECUTIVE SUMMARY The U.S. Department of Labor (DOL) has announced a Grant Competition for YouthBuild. DOL will make available approximately $47 million in grant funds for the Youth Build programs. Youth Build programs assist at -risk youth to obtain education and skills training and advance towards post - secondary education and career pathways in construction and other high growth, high demand occupations while building affordable housing in their communities. The scope of the project is to develop a training/apprenticeship project aimed at helping youth develop construction - related trade skills while attaining academic credentials. YouthBuild model balances in- school learning, geared toward a high school diploma or GED, and construction skills learning, geared toward a career placement for the youth. The goals of the YouthBuild Project mirror the goals of WorkSource which is to create a skilled, well- trained, and demand- driven workforce. It is anticipated that awards will be made for three (3) year grants (two-years of operation with a twelve -month follow -up period) and with average individual grants ranging from approximately $700,000 to $1.1 million. The Department of Labor expects to award 90 to 100 grants to communities across the country. The grant application requires extensive collaboration and commitment from community partners and a cash or in -kind contribution of 25% of the grant award. Work Source met with community partners on May 31, 2007 to set up an advisory coninittee and to discuss the submission of the grant application. At the meeting, the committee discussed the application timelines and the extensive collaboration required. Among the representatives participating on the committee was the City of Corpus Christi, Crafts Training Center of the Coastal Bend, Nueces County Community Action Agency, SERCO of Texas, Corpus Christi Chamber of Commerce, Rabalais Electric, and Associate General Contractors. The Corpus Christi ISD was also invited to the meeting but was unable to attend The closing date for receipt of application is JULY 3, 2007. PROGRAM OVERVIEW Eligible Population: Youth ages 16 -24 and is a member of a disadvantaged population which is a member from a low - income family, a youth in foster care (including youth aging out of foster care), a youth offender, a youth who is an individual with a disability, a child of an incarcerated parent, or a migrant youth: and a school drop -out. Up to (but not more than) 25% of the participants in the program may be youth who do not meet the education or disadvantaged criteria above, but are: basic skills deficient (despite attainment of a H.S. diploma or GED) 91 have been referred by a local secondary school for participation in a YouthBuild program leading to the attainment of a secondary school diploma. TV primary target populations for YouthBuild are high - school drop -outs, adjudicated vo th. youth aging out of foster care, and other at -risk youth populations. Purpose of Project: To tap the energies and talents of disadvantaged youth to: • increase the supply of permanent affordable housing for homeless individuals and low - income families; and • help youth develop the leadership, learning, and high - demand occupational skills needed to succeed in today's global economy. Youth to be Served: Approximately 60 to 70 youth (30+ youth each year) Care Program Objectives: • To enable disadvantaged youth to obtain the education and employment skills necessary to achieve economic self - sufficiency in occupations in demand and postsecondary education and training opportunities; • To provide disadvantaged youth with opportunities for meaningful work and service to their communities; • To foster the development of employment and leadership skills and commitment to community development among youth in low - income communities; and • To expand the supply of permanent affordable housing for homeless individuals and low - income families by utilizing the energies and talents of disadvantaged youth DQL expects that academic component will be rigorous and challenging and will provide yopth with opportunities to transition to post - secondary training. The program should be st tureci_ so that participants in the program are offered education and related services deigned to meet educaeional needs for at least 50% of the time during which they the ..... .. . P�� � to pr+ograle: YouthBw'1d progratn participants must be offered work aril s41 development activities for at least 40% of the time during which they participate in the program Pojential Project Partnerships: • Education Services and Referrals • Skills Training • Leadership Development Services • Career Exploration Activities • Support Services • Project Worksite f financing Referrals of Target Populations • Curriculum Development/ Hires of Graduates 3 Independent School District(s) Registered Apprenticeship Programs WorkSource WorkSource WorkSource Housing Authority /Community Development Juvenile Justice/Faith -Based & Community Organizations Employers Nueces County Community Action Agency Youth Build New Construction Proposal The Nueces County Community Action Agency (NCCAA) is a community -based organization formed in 1964 through the Equal Opportunity Act. NCCAA is a private, non -profit organization organized under State and local laws. The organization has tax exemption ruling from the Internal Revenue Service (IRS) under Section 501 (c) (3). It has among its purposes the provision of decent housing that is affordable to low -and moderate- income people Organizationally, the agency maintains ai least one -third of its governing board's membership for residents of low - income neighborhoods, other low- income community residents, and elected representatives of low- income neighborhood organizations. It provides a formal process for low- income, program beneficiaries to advise the organization in all of its decisions regarding the design, siting, development, and management of affordable housing projects. NCCAA proposes to participate in the WorkSource sponsored YouthBuild Project PROPOSED PROGRAM Tie in the YouthBuild project with the NCCAA New Construction/Down Payment Assistance current program (funded by the 4A Board, and utilizing the city's rrehabiltation assistance program. New f i ction/Down Payment Assistance currently funded by the 4A Board would be r:,, cted to the YouthBuild program with minor tweaking to include the Youthhttild model and would expand the site base for land acquisition and new construction. Currendy, there are four (4) lots available with new construction due to start within the next few months. The NCCAA will purchase ten (10) lots overall in this project. finder a Rehabilita n nrogr�m, requested funds in the amount of $80,000 would be utilized to assist low-to -very low income families to "buy- down" the cost of construction. This enhancement amount of $10,000 would be used in tandem with t 'ailabk city rehabilitation funds presently earmarked for eight (8) families. This proposed program enhancement would assist those families not able to obtain city rehabilitation loans or grants in the required amounts. The total amount per family would be $10.000 per family. NCCAA New Construction/Down Payment Assistance Enhancement YouthBuild mirrors the goals of the WorkSource organization to create a skilled, well - trained, and demand -driven workforce YouthBuild will develop a training/apprenticeship project helping youth develop construction- related trade skills while attaining academic credentials. The YouthBuild provides GED, enhances a high school diploma, construction skills training, in a balanced in- school environment, all leading to a career placement for the youth if utilized, the current NCCAA new construction and down payment assistance grant which provides $9,500 in down payment and closing costs assistance per family would be enhanced by adding $5,500 to the current amount thus enhancing the ability of families to further buy -down the cost of construction by increasing the grant amount to $15,000. Based on the current cost of construction the effect would be that families would now bring the cost of a new home down to a more affordable level; providing for a lower monthly mortgage payment. Not only would the families benefit, but the youth will have learned a trade in the business leading to a definite career path in the industry. Upon completion of training (or attained skilled level required by industry standards), the WorkSource training contractor will refer the youth to the NCCAA home builder (Extreme Homes of Texas). At a minimum, three (3) trades will be identified for referral to the NCCAA contractor for on- the -job training. No more than five (5) youth would be placed in each of the on- the -job training site(s). It is anticipated that at least three (3) homes would be under construction at any given time. €xtreme Homes of Texas will hire three (3) individuals with construction backgrounds to monitor the on- the -job construction phase of the training. These individuals will be responsible for insuring that all training curricula is met, hands - on training is provided, tests of proficiency are conducted, and continuous monitoring of the training is performed. Funding for this staffing pattern will be provided by the YouthBuild program. A training schedule developed by the WorkSource training contractor for the NCCAA contractor for follow - through training would be provided. A training timeline will be developed for each individual youth participant, definite goals eetabled for training goals attainment, obtain youth commitment to the program, and an attendant supervisor will be assigned to the youth construction effort and to Monitor progress. Progress reports will be prepared both by the training institution aead the NCCAA contractor, Definite roles and responsibilities will be delineated for NCCAA, WorkSource training institution, and NCCAA contractor. Once the referral is made to the NCCAA contractor, the responsibility for the youth participant will be retained by the WorkSource organization (training institution), liability parameters established, attendance rosters and payment schedules developed with reporting instructions, etc. Since the NCCAA contractor must meet definite construction timelines, careful attention must given to youth participation in order to complete his/her assignment with construction training and in order to meet NCCAA contactor construction seheduks. 'I1 youth must meet the criteria established by the labor laws. Should the NCCAA contractor need to comply with the Davis -Bacon laws, prevailing wages must be paid. The determination for this compliance will be the responsibility of the WorkSource organization. liehabiitition Cost Bav -Dow i Program: Enhancement Families falling at or below 50% of Area Median Family Income will be assisted through this YouthBuild program. Historically, many of the families living in existing homes are strapped to make loan payments away of their ability to pay back the loans. Although the city makes loans available to families falling in this category (elderly persons and the disabled), it is not enough. In a survey conducted by NCCAA in the project site, it was found that many elderly fear applying for loans because they may not be able to make ensuing payments. In doing the research, out of the eight (8) families identified through our surveys, it is estimated that all families would benefit from this program. The program would target the eight (8) families falling in this group with grant assistance of $10,000 per family. Again, if possible, these funds would be used in tandem with city rehabilitation funds earmarked for the NCCAA rehabilitation project. A general contractor would be solicited using City of Corpus Christi resources for the performance of this rehabilitation work. NCCAA would recruit (as mentioned above) these families and would be referred to the city for application processes. The city would still utilize its funds for those families falling above the AMFI proposed and this proposal would enhance that effort. 8 AGENDA MEMORANDUM DATE: June 26, 2007 SUBJECT: Animal Care r Vector Control Alternate Power (Project 5200) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Advantage Electrical of Corpus Christi, Texas in the amount of $51,900.00 for the Animal Care ii Vector Control Alternate Power Project. ISSUE: Provision of an Alternative Power Supply is necessary to permit occupancy and use of the Animal/Vector Control Building during periods of extended power outages. The building is programmed to be staffed in case of a hurricane to facilitate resumption of animal control and vector control activities after storm passage. The building has no source of ventilation without the operation of at least some of the air conditioning units. The lack of operable windows requires some HVAC units remain operational. The building's telephone system, radio dispatch system and other essential equipment also require a source of alternative electrical supply to remain operational in case of power outages. Alternate power is necessary to allow the building to be occupied in case of power outages The Texas Department of Health awarded the City a grant in 2005 to install a larger generator at the Health Department building to ensure continuous power for their upgrade of the bio- hazard laboratory . The generator removed under that grant had been recently reconditioned and is in excellent condition. The surplus generator was delivered to the Animal/Vector Control Building tor future installation. Stridde Cafins & Associates of Corpus Christi, Texas was administratively awarded the engineering design contract ire October 2006 in the amount of $10,070.00 for the Animal/Vector Control Alternative Power project. The project was bid as a lump sum base bid. A total of four (4) bids were received and opened on June 6, 2007, with bids ranging from $51.900.00 to $84,690 00 !see Exhibit B - Bid Tabulation). The contract provides for the construction of a new concrete generator pad on drilled piers, a new electrical panel board, and modification of the existing electrical distribution system to serve selected HVAC loads and other critical equipment. The project consists of relocating and installing an 80 kW diesel generator and automatic transfer switch to provide an alternate source of power during electrical failures. :\HOMEALYNDAS \GEN \Public Health & Safety\5200 - Animal Care Alt Power\ConstAWDMemo.doc Advantage Electric of Corpus Christi, Texas submitted the low qualified Base Bid in the amount of $51,900.00. The engineer's estimate was $52,000.00. The City cannot proceed with the project until the City Council authorizes the City Manager, or his designee, to execute the contract RECOMMENDATION: Approval of the motion as presented. Jim vis Director of General Services Attachments: Exhibit A Additionai Information Exhibit A -1 Prior Actions Exhibit B Bid Tabulation Exhibit C Preliminary Budget Exhibit D Site Map & -e-00fi -✓ gel R. Escobar, P.E. irector of Engineering Services H:! HOME \LYNDASIGEN\Public Health & Safety'5200 - Animal Care Alt Power \ConstAWDMemo.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Animal Control / Vector Control Alternate Power (Project #5200). PROJECT DESCRIPTION: The project consists of installing an 80 kW diesel generator and automatic transfer switch to provide an alternate source of power during electrical failures The building will be staffed in case of hurricanes or other severe weather conditions. Alternate power is necessary to allow the building to be occupied in case of power outages. The contract provides for the construction of a new concrete generator pad on drilled piers, a new electrical panel board, and modification of the existing electrical distribution system to serve selected HVAC loads and other critical equipment. BACKGROUND: The generator became available due to a Texas Department of Health and Centers for Disease Control grant to replace the Health Department generator with a larger unit. The replaced generator had been recently overhauled and is in excellent condition The decision was made to have the generator transported to the new Animal/Vector Control Building The grant did not provide funding to pay for reinstallation of the generator at a new location The Animal Care Vector Control building is designated to be staffed in case of a hurricane which may cause an extended power outage. The building does not have operable windows. Extended outages with at least a partially operable HVAC system would cause significant discomfort for building occupants. Additionally, the building's phone system is a modern IP system that requires electrical power for operation. BID INFORMATION: The project was bid as a lump sum base bid. A total of four (4) bids were received and opened on June 6, 2007, with bids ranging from $51,900.00 to $84,690.00 (see Exhibit B - Bid Tabulation). Advantage Electric of Corpus Christi, Texas submitted the low qualified Base Bid in the amount of $51,900 00. The engineer's estimate was $52,000.00. BID RECOMMENDATION: Advantage Electric is an established company whose principals and employees have in excess of twenty six (26) years of experience in electrical construction projects. The firm has successfully completed similar projects for NAS Corpus Christi, NAS Kingsville Texas A &M University Corpus Christi, TXDOT and others. Advantage Electric was established in 1994 as a Corpus Christi electric company. After reviewing the company's capabilities, the City's consultant Stridde Callins & Associates, Inc and City staff recommend approval of the motion as presented. CONTRACT TERMS: The contract documents specify that all work is to be complete within 60 calendar days of notice to proceed. FUNDING: Funding is available from the Maintenance Service Fund. HQME \KE1r'NS\GEN' HEAD. 7H1 52) 0AnimalCt= EmergencyPower20061ConstAwdBackgroundExhA .doc Exhibit A Page 1 of 1 PRIOR ACTION SUBJECT. Animal Control / Vector Control Alternate Power (Project #5200). PRIOR COUNCIL ACTION: July 25, 2006 — Approval of ordinance adopting the FY2006 -2007 Annual Budget (Ord. # 026908). PRIOR ADMINISTRATIVE ACTION: October 20, 2006 — Award of an engineering services contract to Stridde Callins & Associates of Corpus Christi, Texas in the amount of $10,070 00 for the Animal Care / Vector Contol Alternate Power project. H `.HOME\KEVINS \GEN \HEAL' H \5200AnimaiCtEmergencyPower2006 \ConstAwdPriorActionExhA -1.doc Exhibit A -1 Pa•e1of1 o 0 W 0 < L) (NI O „.1 z < c 0 co o r-: • z a —1 D ;741 E 03 0 0 E 4; E v: I Z 0 0 0 0 0 CA 0) CD cO, ‘i 03 00 04! ! 1". 2 = x w c JO al ig a. C3 E o .••• Q 0 0 0 TL Electric 3618 Bratton Road 0 z s Ti r r w • 2 ‘u 0- o ,c 01 e 47, uJ 0 w 1- O ce) IY • I— 0 Z Z 0 O 0 • Z O a. w 0 z a 0 031 CO CLU 7:1 0) I 5 I 0 a. 1 '2. I -0 a cD i i 2 0 cc -c a 0 E 3 0 E y) 0 3 0 -0 -■:?") co° 0) 0 0 0 a_ H i HOME \KE V I NS \GEN \H EALTH15200Anim alClEm ergencyPower2006 \B idTa HEALTH DEPARTMENT EMERGENCY POWER SUPPLY PRELIMINARY BUDGET Project No. 5200 June 26, 2007 Revenues Maintenance Service Puna 78,160 Available Funds 78,160 Expenditures Constructior 51,900 Contingency :10% ` 5,190 A/E (Previously Contracted) 10,070 Geotechnicai Materials testing /laboratory Engineering Reimb 1,500 Misc. (Printing. Postage, etc 5,000 Total 78,160 Exhibit C Page 1 of 1 Aelproject Jflehibits \ext,520(... CORPUS CHRISTI BAY J 4 r 9.! 4,) /Y0 / 0 / \ * Cs. Cb 'b PROJECT LOCATION LOCATION MAP Ain SACKY DRIVE 1 HvGEIA CIRCLE r=i 0 111■11Mon...........1••11110111■ CIVITAN DRIVE J SACKNI PARK SOKOL DR. Th MUNICIPAL -- SERVICE CENTER PROPERTY BOUNDARY ANIMAL CARENECTOR - [- CONTROL FACILITY 1- 1_71• Now IN fTi PROJECT 10.0. 5200 HOLLY ROAD SITE PLAN NTS ANIMAS CARE/ VECTOR CONTROL ALTErINATE POWER PROJECT EXHIBIT "D" CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06/14/2007 9 AGENDA MEMORANDUM City Council Action Date: June 26, 2007 SUBJECT: Sports Field Fencing Improvements (Project No 3317) — BOND ISSUE 2004 AGLND? ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with The Anchor Group Inc. of New Braunfels, Texas, in the amount of $68,242 for the Sports Field Fencing Improvements for the Total Base Bid and Additive Alternate No 1 ISSVE: This project is part of the Bond Issue 2004 Sports Field Improvements project designed to provide a variety of needed improvements to sports fields throughout the City. Work previously completed as part of this project includes the Kiwanis Softball Field Fence improvement project and Sports Field Lighting Improvements for the following leagues: Universal Little League, Westside Pony League, Dick Runyan Field, Padre Little League, Buccaneer Little League, Southside Kickball League, and Pop Warner Football League. This project will address the condition of fencing at three league fields. The existing fences at Buccaneer Little League, Sparkling City Fast Pitch and Greenwood Softball Complex were constructed with limited resources and equipment by the leagues themselves. As a remit, many of the fence parts have deteriorated, such as fence fabric ties, bent top rails and leaning posts, making the fences no longer functional. These proposed improvements are necessary to ensure that the fences conform with proper design standards to improve the safety and playability of the fields. Specific project work at the Sparkling City Softball Field, Buccaneer Little League Fields, and Greenwood Softball Complex consists of removing and replacing approximately 3,400 linear feet of fence including outfield and foul line fences, backstops dugouts and gates. The project was competitively bid and The Anchor Group of New Braunfels, Texas, submitted the lowest bid. Council approval is required in order to award the construction contract. FU ING; Funds for this project are available from Bond Issue 2004 proceeds in the FY 2006-2007 Parks & Recreation Capital Improvement Budget. REIWMNDATION: Staff recommends approval of the motion as presented. FUIRE COUNCIL ACTION: Future work includes the Sports Field Parking Lot Improvements for Sparkling City Fast Pitch and International Westside Pony League. Ga Director Parks & Recreation Anal lawoort Material: Exhibit "A" Background Information Exhibit "A -1" Prior Actions Exhil t "B" Bid Tabulation Exhibt "C" Project Budget Exhibit "D" Location Map N \HOME L. VNDASQEMPARKS\Bond Issue 10041331' - Sports Ffel 4-es" 6/x/07 gel R. Escobar, P.E. Director of Engineering Services encmg Agenda Memo doc BACKGROUND INFORMATION SUBJECT: Sports Field Fencing Improvements (Project No. 3317) - BOND ISSUE 2004 BID IFORMAATION: The City received proposals from three bidders on June 6, 2007 (see Exhibit "B" Bid Tabulation). The project was bid as follows: Base Bid Part A - Sparkling City Fencing Improvements Base Bid Part B - Greenwood Softball Fencing Improvements ▪ Base Bid Part C - Buccaneer Little League Fencing Improvements ▪ Additive Alternate No, 1 -- Sparkling City Field Backstop Overhang The bids ranged from a total of $68,242 ($64,442 for total base bid + $3,800 for Additive Alternate No. 1) to a total of $87.811 10 ($85,099.10 for total base bid + $2,712 for Additive Alternate No. 1), The Total Base Bid consists of Base Bid Part A + Base Bid Part B + Base Bid Part C When The Anchor Group submitted their bid for a total of $68,242, they had not acknowledged Addendum No 1, which meant that they submitted an irregular bid. However. when they submitted the required bonding and insurance documentation, they acknowledged Addendum No. 1. The fact that they submitted an irregular bid did not change the outcome of the bidding process and The Anchor Group is still the lowest bidder City Staff recommends that the City Council waive the irregularity and award the construction contract to The Anchor Group in the amount of $68,242 for the Total Base Bid and Additive Alternate No. CONTRACT TERMS: The contract specifies that the project will be completed in 60 calendar days with completion anticipated by September 2007. 4 ' a.7tv1E\LYNi;ASIGEMPAKkS %Boy:: Issue ;4137, Sc,, s t ei : e.,,;nq Agenda hackgrot;ntl.Aoc EXHIBIT "A" Page 1 of 1 PRIOR PROJECT ACTIONS SL. JECT: Sports Field Fencing Improvements — BOND ISSUE 2004 Prior Project Actions have included' PR/OR COUNCIL ACTION: 1 November 10, 2004 - Ordinance canvassing returns and declaring the results of the Specie,' 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;: 2 September 20, 2005 — Resolution approving the terms and conditions of an Interlocal Agreement between the Region IV Education Service Center, which sponsors The Cooperative Purchasing Network (TCPN), providing for a Cooperative Purchasing Program for goods and services; designating the City Manager, or his designee, as official representative of the City of Corpus Christi relating to the program. (Bond Issue 2004) (Resolution No. 026466) 3, September 12, 2006 — Motion authorizing the City Manager or his designee to execute a construction contract with Centennial Construction, Inc. in the amount of $38,607 for the Kiwanis Softball Field Improvement project. (Motion No. 2006 -292) 4 September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) 5 December 19, 2006 - Motion authorizing the City Manager or his designee to execute a Texas Buy Board Contract with Musco Sports Lighting, LLC, of Round Rock, Texas, in the amount of $898,353 for the Sports Field Lighting Improvements. (Bond Issue 2004) (Motion No. 2006 -429) 6 February 27, 2007 - Motion authorizing the City Manager or his designee to execute Change Order No 1 to the construction contract with Musco Sports Lighting, LLC, of Round Rock, Texas in the amount of $73,940 for the Sports Field Lighting Improvements for the addition of Universal Little League. (Bond Issue 2004) (Motion No 2007 -063'y PRIER ADMINISTRATIVE ACTION: 1 August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. IIlarch 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. ►pril 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 Februgry 5, 2007 Administrative approval of a Construction Materials Testing contract with Rock Engineering of Corpus Christi, Texas, in the amount of $2,408 for the Sports Field Lighting Improvements. 5 March 14, 2007 — Administrative approval of a Small Agreement for Architect/Engineer Consultant Services with Martinez, Guy and Maybik in the amount of $8,970 for the Sports Field Improvements project. " e-IC` 4EtRachene \GENlPents 3 ?P-reat ro ?z7 Sc,,ns 9 .j' " or Actions R ca O 0 1n r~ Eft O c co E (71.1 co :.0 co `n c co O a) y C w F to cr N a y0 0 C) m 1 L0 L. a 2� 0` gz z m W I- Z 0 Z W 0 z W 2 1- cc a o w z 0 cn 0) c 0 0 c`o °o c `� () LU c a) 4: c co < Z U 0 8 N CAN co Q x X Q a J eo 0 UNIT PRICE 1)) z ac) cc) O LL 10 (0 (O co < ct c Q Lu o d �? U L Q. N c Z 0 U O O rn 0) b9 N O 0 0 O 0 0 0 1� 0 u) N 03co O O -aD cn (7 CA M w - -� rn up ° (0 o° 0) r n P 31 cc) O N O N o $ o -0 0 00 00 0 0 00 N O O co 0 M Q co (O O 2 N w CD C 0 0 1O co v ;7 10 0c3 O .7 U•) O EF) 't O (h CD Q Ca CD 00 00 00 00 In c 0) 030) O N ... 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XwX a o.0 U 0 0 d a m U d 0 O c 0 E Q 0) 0i is 0 v v d a 0 tri tT rn of N 3 .71C- $2 c O 8 0. 0 0 z EXHIBIT "B" Page 1 of 2 co W H H co re cn U a cn8 'mo 0 z o� m �z 0 tU 0 W EL 4 uJ Q 0 e- 1- t°q v— CO CA o°q 0 ^ 0 4 O °° N 0 10 CO ° 00 W 55.60 Construction Rent -a -Fence Inc. P.O.Rox 66 Thrall, TX 76578 O O CV N C O 0 O cc LOO O O 0 (N1 28,335.001 O 00 1 O 00 N O CA C O) O 0 M O O CO fA p O 0 0 O 0 d M 0 0 O V The Anchor Group Inc. 1470 N. Bus. IN 36 New Braunfels, TX 78130 8 o CA N °0 0 c o ° c0 8 6 0 J 3,800 00, BID SUMMARY SUB -TOTAL BASE BID PART A 26,410.001 11 SUB -TOTAL BASE BID PART B 10,980.00 SUB -TOTAL BASE BID PART C 27,052.00 11 TOTAL BASE BID 64,442.001 ADDITIVE ALTERNATE NO. 1 3,800.00 TOTAL BASE BID + ADD. ALT. NO. 1 $68,242.00 o wt 0 0 ° 0 0 Q SPORTS FIELD FENS. IMPROVEMENTS (City Project No. 3317) -J W W CQD ``4 ,y Remove and replace 12 Ft high infield fence fabric, posts and accessories Construct new vehicle gates Construct new pedestrian gates Allowance for additional fill and ,unanticipated remove and replace fence 10 0 CD 0 co 0 0 SPORTS FIELD FENCING IMPROVEMENTS (PROJECT NO. 3317) PROJECT BUDGET June 26, 2007 FUND; AVAILABLE: ESTIMATED BUDGET ,Parks & Recreation CIP $ 79,948.00 I FUND; REQUIRED: Construction Cost (The Anchor Group) Construction Contingencies Construction Inspection Engineering Reimbursements Finance Reimbursements lncidenal E nses (Printing Advertising, etc. Total.... 68 242.00 6,824.00 2,730.00 325.00 682.00 1,145.00 79, 948.00 II EXPage HIBIT 1 "C" I of 1 I votprojec \ouncliexi j3 wg BUC,..1;ANEEP LITTLE LEAGUE '1 37 H 37 SPARKLING CITY FAST PITCH GREENWOOD SOFTBALL COMPLEX W. POINT 4,<.. • ktIi M 43 PROJECT # 3317 c,) Th M 2444 LOCATION MAP NOT TO SCALE EXHIBIT "D" SPORTS FIELDS FENCING IMPROVEMENTS-BOND ISSUE 2004 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06-12-2007 ■■■■•••■■■ 10 CITY COUNCIL AGENDA MEMORANDUM June 26, 2007 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Robert C. Sanchez and wife Irma V. Sanchez in the amount of $88,000 plus $1,500 in closing costs and an additional amount not to exceed $22,500 for 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 1, described as Lot 15, Block 14, Gardendale 3, with the street address of 4910 Williams Dr., necessary for Traffic Congestion Management (Williams Dr. Alternate Access), Project#6412, BOND 2004 ISSUE: This street project was approved November 2, 2004 in the Bond Issue 2004 Package under Proposition No. 1 Street Improvements. The City contracted the consulting firm of HDR Engineering, Inc. to determine correction measures for traffic congestion at various locations city -wide One area of concern was identified at the Moore Plaza area between Everhart Road anc South Staples Street. The consultant's traffic study recommended an access route between South Padre Island Drive and Williams Drive between the Wal-Mart and K -Mart stores. The acquisition of the property at 4910 Williams Drive is needed in order to provide an outlet to Williams Drive. City Land Acquisition staff has negotiated the purchase of this property and the relocation of the current landowners. A real estate sales contract for Parcel 1 in the amount of $88,000 has been executed by the landowners. City Council approval is required to enter into this Contract and to allow the City Manager to execute the Peal Estate Sales Contract. FUNDING: Streets 550701 -3541 - 00000- 170069 RECOMMENDATION: Approval of the motion as presented. 6(2_ A-7 ;(121L Angel R. Escobar, P. E. Director of Engineering Services Attachments Exhtit A. Background Information Exhibit B. Council Exhibit Exhtit C. Real Estate Sales Contract Summary H tHOtu►E \EJSEBIOG\GEN\Agenda Items \Traffic Congestion Management'Agenda Memorandum.doc BACKGROUND INFORMATION SUBJECT: Traffic Congestion Management (Williams Drive Access) ( #6412) Acquisition of 4910 Williams Drive, Sanchez PRECT BACKGRO ND: On November 2, 2004, the City of Corpus Christi passed an election to consider a number of ballot propositions to fund major capital improvements for the community Funding was included for identifying and addressing various City -wide traffic congested areas. The consulting firm of HDR Engineering, Inc. was contracted on August 30, 2005 to perform design services, prepare plans, specifications and bid contract documents for various areas. One of the areas involved identifying alternate access corridors for the Blanche Moore Plaza which consists of several large retail businesses. The consultant has submitted a Design Memorandum recommending an access route between S.P.I D and Williams Drive which is between the existing Wal -Mart store and the now vacant K -Mart store. This route would necessitate acquiring a residential property located at 4910 Williams Drive as shown on Exhibit B. Upon acquisition of the property and removal of the wood frame structure, the City will construct a two -lane roadway with curb, gutter, and sidewalks PARCEL INFORMATION: The parcel to be acquired is a residence located at 4910 Williams Drive, Corpus Christi Texas. The property consists of a 716 square foot wood - frame structure upon a 10,800 square foot lot. The lot dimensions are 60 feet by 180 feet deep and is zoned B -1A, Neighborhood Business District. The property is currently assessed by the Nueces County Appraisal District at $86,243 for 2007. Land acquisition staff obtained a property appraisal prepared by Marion F. Curington, ASA in the amount of $88,000 PARCEL ACQUISITION: City Land Acquisition staff negotiated a Real Estate Sales Contract in the amount of $88 000 with the current owners, Robert and Irma Sanchez as summarized in Exhibit C. This contract will be escrowed with Stewart Title of Corpus Christi at 5102 Holly Road. This is the only parcel needed for this access way. The Sanchez tamily is also entitled to an amount not to exceed $22,500 for relocation benefits as explained below REIeOCA'ION BENEFITS: On November 28, 1983, the City Council approved Resolution No. 11809 which adopted the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970. This resolution establishes the policy for relocation of homeowners. tenants and businesses, which are displaced as a result of a City project. Persons occupying the subject property a minimum of 90 days prior to the initial offer qualify for assistance In addition, the displaced person must be given a minimum of 90 days to move out after replacement housing is found. A one year time limit is given to obtain replacement housing. Monetary limits for relocation assistance are set by federal guidelines. A maximum of $22,500 is available for homeowners. $20,000 for businesses and $5,250 for tenants which EXHIBIT A would cover moving expenses and purchase assistance for replacement housing. For moving expenses, the displaced person would choose between a self -move or one provided by an independent moving company. Payment for a self -move would be based an a payment scheduie dependent on the number of rooms in the home or rooms of to rnitu re to be moved Purchase assistance would involve purchase price differential, mortgage interest differential, and incidental expenses involved in a replacement home. The purchase price differential is the difference between the sales price of the home and the cost of a =3omparable replacement home, The mortgage interest differential is the amount needed to cover increased mortgage costs due to a higher interest rate and other debt service costs The incidental expenses reimbursement would cover those extra costs involved in purchasing replacement housing such as closing costs, inspection fees, appraisal fees, and loan costs PRIOR C}UNCIL ACTION: t November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 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). March 29, 2005 - Approval of the FY 2004 -2005 Capital Improvement Budget for $178,074,800 (Ordinance 026188). Aupust 30, 2005 — Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with HDR Engineering, Inc. in the amount of $236.901 for Traffic Congestion Management. (Motion No. M2005 -297) PR ?R ADMINISTRATIVE ACTION: Auaust 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). 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). 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). .++OME'.E.JSEBIOG G NtAgen,,,a Items Traffic Congestion Management \WIlliams Drive Access \Background.doc EXHIBIT A e vMpro)ect \;ouncilexh Vexh64 1 ciwg K -MART STORE ACADEMY SPORTS CEN TER LOCATION MAP NOT T', SCALE CITY PROJECT No. 6412 EXHIBIT B 1 oft TRAFFIC CONGESTION MANAGEMENT ALTERNATE ACCESS BOND 2004 CITY OF ORPuS CHRIST, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 06 -19 -2007 EXHIBIT B 2 of 2 m Real Estate Sales Contract Summary This Contract is entered into by Robert C. Sanchez and wife Irma V. Sanchez of 4910 Williams Drive, Corpus Christi, Texas 78411, "SELLER ", and the City of Corpus Christi, a Texas home rule municipal corporation r' 0 Box 927" Corpus Christi, Nueces County, Texas 78469 -9277, BUYER, erns Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: Lot 15, Block 14, Gardendale No. 3, a subdivision of the City of Corpus Christi, Nueces County, Texas with street address of 4910 Williams Drive, together with ail improvements Purchase Price $88.00` cash Seller to provide title insurance at Buyer's expense. Seller will deliver, at Buyer's expense, a good and sufficient General Warranty Deed. All taxes to be paid by Seiler, up to and including 2006. Taxes for 2007 will be prorated to the date of closing and paid for by Seller. Buyer agrees to deposit $500 Earnest Money at the Title Company, which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager or his designee within 60 days of the ,ontract date. The contract will survive the closing of the sale and delivery of the General Warranty Deed and other conveyance documents. Acquisition is under the threat of eminent domain proceedings. Time is of the essence it closing this transaction. EXHIBIT C 11 AGENDA MEMORANDUM PUBLIC HEARING - ZONING f( ity Council Action Date: June 26, 2007) Cast No. (G07 -07, Noe Nilo Ortiz: A change of zoning from a "R-1B/l0" One - family Dwelling District with the Island Overlay, to a "13-2A/I0" Barrier Island Business District with the Island Overlay on property described as Padre Island Section E Block 2. '_ ots ' Q. 20, and 21. located on the corner of Leeward Drive and Aruba 1 hive PlaIin¢ Commission & Staff's Recommendation (May 16, 2007): Approval of the "B- 2A/I0" Barrier Island Business District with Island t)verla Regegsted Council Action: Approval of the -B-2A TO- Barrier Island Business District with Island Overlay. 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- 2A/10" Barrier Island Business District with the Island Overlay for the future development of mixed tourism uses on the subject property. Mixed tourism use include residential dwellings, personal services uses. such as beauty shops and dry cleaning pick -up stations. restaurants with or without alcoholic beverages, retail, and office. At the time the application was submitted. the applicant indicated the exact usage of the property would be determined at a later date. Thc applicant, as of last week, has indicated that condominiums are probably proposed for the property Zoning: The "B -2A" District provides for residential uses and commercial uses which reflect the character of a resort area. The Island Overlay District was adopted by City Council in August 2004. The Island Overlay is designed to create a distinctive quality of life in the area by promoting building design characteristics of a resort area. These special regulations help preserve the characteristic nature of a barrier island of scenic and economic importance to the City. These regulations include screening requirements. additional landscaping requirements, and uniform sign standards. • The "B -2A' District requires a twenty (20) foot front yard setback. There are no rear or side yard setback requirements for nonresidential uses. The rear and side yard setback for residential uses is ten 1 `)) feet. This District does not have restrictions on height for residential or nonresidential uses. • The adjacent 'AT /10- Apartment Tourist with the Island Overlay District is designed to permit high -rise multiple - family dwellings and tourist accommodations with limited outdoor advertising so as ?o be generally compatible with existing development in the district and in surrounding residential neighborhoods. Examples of uses permitted in the "AT" District are multiple - family dwellings, hotels and apartment hotels. restaurants with or without alcoholic beverages, and bed and breakfast inns The required setbacks in the "Ai /1O" District are similar to the `B -2A ", with the exception of additional setback required for multifamily structures in the "AT" District. Based on the height of the structure, the setback, may range from ten (10) feet to thirty (30) feet. The District does not have restrictions on height for residential or nonresidential. Existing Land Uses: l'he subject property is a 77 acre corner lot with street frontage along Aruba Drive and Leeward Drive. The property is bordered by vacant Lots with the exception to the east where there are two multi- familx: protects, the 1 eeward Isles Condos and the Beach Haven Town home,. CITY COUNCIL ZONING REPORT Case No.: 0507 -07 City Council Hearing Date: June 26, 2007 Applicant: Noe Nilo Ortiz Owner: Jose Eduardo Carredano Agent: Noe Nilo Ortiz Legal Description/Location: Padre Island Section E, Block 2, Lots 19, 20, and 21, located on the corner of Leeward Drive and Aruba Drive. From: `R- (B %1O' To: "B- 2.A,10' Area: 77 acres Purpose of Request: One - family Dwelling District with the Island Overlay Barrier island Business District with the Island Overlay To allow for possible mixed tourism uses. Zoning Site -R-1B/I0- One - family Dwelling V acant District /Island Overlay ,'Vorth "A -T" Apartment Tourist District Vacant 'Island Overlay South "B -2" Bavfront Business Vacant District/Island Overlay Existing Land Use Future Land Use Mixed Use Tourism Mixed Use Tourism Mixed Use Tourism East "A -T" Apartment Tourist District Multifamily 'Island Overlay Mixed Use Tourism West '`A -T" Apartment - Tourist District Vacant 'Island Overlay Mixed Use Tourism . c. 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. Map No. 028025 Zoning Violations: None .aping Report Case No 1)507 -07 ;Not Nilo ( iz Page • Request: he applicant is requesting a change of zoning from "R- 1B /IO" One - Family Dwelling District with the Island Overlay to the "B- 2A /IO" Barrier Island Business District With the Island Overlay for the future development of mixed tourism uses on the subject property. !'fixed tourism uses include residential dwellings, personal services uses. such as beauty shop, and dr\ cleaning pick -up stations. restaurants with or without alcoholic beverages, retail, ant! office At tht time the application was submitted, the applicant Indicated thin exact :sage )f the property would be determined at a later date. The applicant a of last ikeek. has indicated that condominiums are probably proposed for the proper,. • Zoning: 1-he "i3 -2A District provides for residential uses and commercial uses which reflect the u tiaracter )1" a resort area. The Island Overlay District was adopted by City ( Dune i l in 8 ugust 2004. 1 he Island Overlay is designed to create a distinctive quality of life it the area by promoting building design characteristics of a resort area. These special regulations help preserve the characteristic nature of a barrier island of scenic and economic importance ko the City These regulations include screening requirements, additional landscaping requirements. and uniform sign standards. • 1'he B -24 District requires a twenty (20) foot front yard setback. There are no rear or side hard setback requirements for nonresidential uses. The rear and side yard setback for residential uses is ter: (10 feet. This District does not have restrictions on height for residential or nonresidential uses. The adjacent "AT '10' Apartment 1 ourist with the Island Overlay District is designed to permit high -rise multiple- family dwellings and tourist accommodations with limited outdoor advertising so as ,_o be generally compatible with existing development in the district and in surrounding residential neighborhoods. Examples of uses permitted in the A 1"° District are multiple - family dwellings, hotels and apartment hotels, restaurants with or w ithout alcoholic beverages, and bed and breakfast inns. The required setbacks in the 10- District are similar to the 1B -2A''. with the exception of additional setback required for :multifamily structures in the "AT" District. Based on the height of the structure, the setbacks .nay range from tent 10) feet to thirty (30) feet. The District does not have restrictions on height for residential or nonresidential. • Existing Land Uses: [he subject property is a .77 acre corner lot with street frontage along Aruba Drive and Leeward Drive fhe property is bordered by vacant Lots with the exception to the east where there are two multi- family projects, the Leeward Isles Condos and the Beach Haven 1 own homes. Utilities: Water and Vl astewater 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 The traffic count indicated at the intersection of Whitecap and Leeward Drive is 3.120 average daily trips (a.d.t.) Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated from this site if developed as a -etail use or as a restaurant use is 43 a.d.t. for a 1,000 square foot building Dev elopmeni as condominiums is 10 a.d.t. per unit. Ionang Keport C asc No 0'807-07 1 tide Nilto rtiz Page 3 • Annexation: Padre Island Section E Subdivision was annexed in 1989 and the subject property was assigned with the '`R -1 B" District. At the time of annexation, the "R-1B" District was assignee to annexed property as a method to control high density development anti: owners of such property are prepared to submit a change of zoning that will accommodate their land development plans. Such proposed development plans are rexiewed =ith staff as to compatible land use adjacency, the comprehensive plan Tee c-mmendation- future road construction, and available infrastructure. • Comprehensive Plan/ Future Land Use: The future land 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 PoIi x Statement B 1 ` 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 roninf categor' B) Mixed usetourist 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 Aruba Drive Leeward Drive Type Paved Section 1,ocai 60' ROW w/ 42' pavement t I 'ollector 100' ROW w/ 60' of pavement Fhe subject property is platted. z Volume Source: 2001 TxDOT Traffic Map NA 3,120 a.d.t. (at intersection with Whitecap Blvd.) [he proposed mixed tourism uses are consistent with the future land use map and policies set out n the Mustang -Padre Island Area Development Plan for this area. toning Report Case No 0507-07 7 -07 i \oe Nil() t sr z) Pate -3 Approval of the "B -2A1O" Barrier Island Business District with Island Overlay. E 2 Approval or the -H-2A 'KY Barrier Island Business District with Island Overlay. Number of Notices Mailed - 99 ( 67 of these are due to common ownership of open space in surrounding condominium developments) E Favor i) E 4'4 Opposition 2 CI: 82%) (As of June i I 2007) Attachments: Zoning Map Ownership Map Ownership Lis: Comments received from Public Notices mailed. +',Pl RED\Beceri 200'" P(; 7_ONRPFS`.'viav,�t Reports v05(Y -07 Noe Ortiz_doc City ouncti Approvec B2 /IC on 5/29/07 Case No 7407 -08 B -2A110 PADRE ISLAND SEC I Cdty Council Approved I B -2' 0O on 6/12/07 Case No 0507 -06 R -1 B /IO LACASAD PADRE ISLA LEEWARD COV PI LORIM 0 210 200 Fee+ B -2 �6 f NOTICE CASE # 0507 -07 ZONING A Apartment Huuae Distnct A , 4 Apanmeni Hous* DisIna A . Apanmeni House Dlslnct AC Professional Offite D;stnc, A' Apartment-Tourist Oistncl 8 Neighborhooc Business Distract B -'A Neighborhooe Business Distoct B.; Bayfroni Business Dlstnc 8 -2A Barrier Island Business D•stnct B Business Disinot 8 4 General Business Dlstnc: B.` Pnmary Business Dlstnc Br" Primary Business Core District 8C Cnryus c:nnst Black Design Dist F K Farr/. Rural C,.stricl t.tsloucat - + : :n uret At -tm = -ry .i R.,�.. SR R., 6,08200 Rape S.w Source CM e! Gerp,. MP a 1PN- 0114474ARE0KeS �nl Sennc.a .sea ZOaala CASE 0507 -0/ me •rolled Inda;4tnal Dlstnc• :.;grit Inoustnal Distncl • Heavy Industrial Dlstnc °i. iG °fanned Unr Development -t A One Family " :M;elling Dlstnc 1E Dne Family _Molting Distnct 8 - +C 3ne Family =)waling Dlstnc. R -< Multiple Dwelling Distnct Rt- nine Family D waling Dlstnc 41. Residential [stab Distnct ra ` ownhouse )welting Dlstnc 4- Special Perrit ` gave. Trade- Park District 6 Manufactured Home Pars cis• Manufacturr•_i Home 5ubow;s 5111 TRACT B -1 I SUBJECT PARCEL 7 / 17/ 18/ I / 19 2 Ag5 4_ /9 (N'f6 82/1C on 5129/07 R 1ty ..:ocnoi Approver, Case Nc 14'7)7-08 City Council Approved 8-2/10 on 6,12/07 Case Nc 0507-06 PADRE ISLAND SEC H . CASA D PADRE ISLA LEEWARD COV P LORIM E LS; AND E- 100 200, CASE # 0507-07 OWNERSHIP Subject Property Ow*ers within 200 feet listed on attached ownership table Ow) ners in favor -- - X Owners in opposition Pr,. by Si. Pnntin0 0,.. 608■200i Fit H 11.14191/119HARS241 vc.asesi2 Raged 3 C.Hy Goepui 0507•07 nuo [ SUBJECT PARCEL i 3 3 �4ff�gm�eff S-,Qa ;o y mm` Ru y mmmu up3m f t 0 C A= A o C C O G1 @@Z �2�QQ D Cy D A x S g t-7; SE A f_ f i p H c ' i Zm ' ti 'O mg F im r pp s° i v o !H1 �; !j: A A A x m G - N CvCi � � Z ZD xn O m g>,-; mx.i.mm.i "mi...imi. immix. c aii vtiliz zo N z o z ° zci o�_m o:_ zz o mornr zz coz0000z ooz000cm.`mo n ,.m "6ommo on cW m mn miim m °im mmi "i mi ,-i oo; mm�o c :�1- ,N851. ,c- m:o -N1 N titim m N m r N N Z N - Z Z Z y o • c E o z z D A�n b D o O • Cy ° S o0 z 4 z z 3 z a a z zz A9 i 2 2i i i y2 II T TT � D t A �An Z A It p b D D D Tr; c C C 0C c C 22 E 8 8- -6,8tzee.9,18t88:88t8zt=.1888888,t,'88± � x ob_obeo �gog�cg ° °og "g000�ebobgoo °$ t&F, i OV:7 f , IC *mr,' iiii,V7i0=•WW;J.;;WWIPAgiAvvgggrvglignirEliAMF]pl. , , c E c › 0 6 M6p:tilliiillilii4 q ; iilin °PHI r'al R R . , . .r6FEFgg - i, ' FASEE 88 E88 88., f,;`;" VA 6 1 ; 7.,MWP Mg1 MVA WPV = 'Fti'll1M ; il'UO 1 1 i I i R ( )1M11ENTS RECEIVED FROM PU RLIC NOTICES MAILED Case No. 0507 -07 Name:Noe Nilo Ortiz Circled = FAVOR X = OPPOSED Note The numberi s) next to name corresponds to the attached map.) Total number mailed: Ninety -nine (99 Returned undeliverable: 1 Notices returned from within the 200 -foot notification area: Favor: t 1 Opposition: #5, Brian & Elizabeth Cloutier, 39163 Rivercrest, Harrisontownship, MI 48045 ph 586- 465 -4799 (Condominium - common ownership of open area) The change in zoning from residential to commercial will change the makeup of the area and reduce the property value." #4, Tom & Debbie Adams, 27306 Teepee Trail, Hockley, TX 77447 t Condominium- common ownership of open area) "Currently, people using that area are tourist or owners. You can't walk or ride a bike without worrying about traffic. The corner of Whitecap and P22 is a mad -house with stripes." Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: ( Opposition : C? v -OAK 'r M !F ti 31,nk Public C_>mmenrs doc MINUTES REGULAR PLANNING COMMISSION MEETING t ouncil Chambers- City Hall Wednesday — May 16, 2007 5:30 P.M. COMMISSIONERS PRESFNT Rudy Garza. 'A ice Chairman red Braselt(•n �etilano 1 Huerta *Arrived at 45prn rn J. Kelly *Arrived at ''.5tipm iohnny R Martine, Michael Puslev tames Skrobarczvh -ohn C fame/ COMMISSIONERS ABSENT: Chairman Bran Stone STAFF: Johnny Perales, PE, Interim Director of Development Services/ Special Services Faryce Goode - Macon, Interim Assistant Director of Development Services /Planning Miguel S. Saldatia, AICP, Senior City Planner Stephanie Voss. Project Manager Wes Vardeman, City Planner Mic Raasch. City Planner Dan McGinn. Project Manager Gary Smith, Assistant City Attorney Wendy Ogden. Assistant City Attorney Beverly Lang- Priestley, Recording Secretary �! usted quiere dirigirse a la comiston y su ingles es limitado, habra un interprete de espanol a ngles en la it.nta pare ayudarle I CALL TO ORDER -4 quorum was declared and the meeting was called to order at 5:34 p.m. ZONING Ne \t Zon!ng a Case No. 0-i07-07 Noe N i to Ortiz: A change of zoning from a "R- l B /IO" One - family Dwelling District with the Island Overlay to a "B- 2A /IO" Barrier Island Business District with the Island Overlay Padre Island Section E. Block 2. Lots 19, 20. and 21, located on the ..: orner of Leeward Drrve and Aruba Drive Dan McGinn presented the above case via Power Point, stating the request is for a ;change of zoning from a -R- i B /IO" One - family Dwelling District with the Island Overlay a `B -2A 10" Barrier island Business District with the Island Overlay. The subject property consists of 0.7' acres out of Padre island Section E, Block 2, Lots 19, 20, and 21, ocated on the corner of I eeward Drive and Aruba Drive. Mr. McGinn stated the ,urrounding adjacent land use vacant with some condominiums further east and northwest Mr Mct_iinn stated that access to the subject property is provided along Aruba i)rive and 1_ °eward Drive ' \1r Vc(iinn pointed out that two previous zoning requests on Tanning enii issier ,Yiinute' \.tan Ib. 7t)(!- 'aee 2 the lots west of the subject property along Aruba Drive have been before the Commission in the recent past and are related to this request. An additional request will most likely be presented next month for Lot 5. Mr. McGinn stated that the intended use is unknown at this time, leaving flexibility for commercial or multi - family use. The future land use map supports mixed use tourism for the subject property. Staff recommends approval. In response to Commissioner Skrobarczyk. Mr. McGinn stated that the "AT" District has limited retail usc compared to the '`B -2A" District. In an "AT" District, commercial use is restricted to serve the building it is housed in. such as a coffee shop in a hotel. The R -2A" District Leal es more rlexibility for restaurants and retail establishments. In response to Commissioner Pusley, Ms. Goode -Macon stated that when this oroperty was annexed with the City hack in the seventies, there was a Padre Island "D" plan t >>r this area the intent was t'or staff to go back and rezone the area to a commercial ', \T" District. At that time •B -2A- did not exist. Ms. Goode -Macon stated that only within he last three nears has this plan gone into effect with interest being shown to follow the iriginal Padre Island Plan D Ms t ioode -Macon confirmed for Commissioner Pusley that a B? -2A' District :s more restrictive than a "B -4" District. (:ommissioner Skrobarczyk stated that retail is going to be needed in the area and it is ear that the ` AT" District w ,uld he too limiting. Public heart rig was opened Noe N i to Ortiz. Brownsville, Texas, representative for the property owner, stated the reason for the zoning, change is to conform to the surrounding property zoning and hopefully belt the property tilr. Ortiz stated they recently had a prospective buyer but the sale fell through because of the residential coning. Public hearing was ci_.sed Motion was made by Commissioner Martinez to approve staff recommendation and was seconded by (- -immissioner Skrobarczvk. Motion passed unanimously with Chairman tone being absent Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY NOE NILO ORTIZ, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.77 ACRES OUT OF PADRE ISLAND SECTION E, BLOCK 2, LOTS 19, 20 AND 21, FROM "R-1B/10" ONE - FAMILY DWELLING DISTRICT /ISLAND OVERLAY TO "B- 2A/10" BARRIER ISLAND 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 Noe Nilo Ortiz, 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, May 16, 2007, during a meeting of the Planning Commission, and on Tuesday, June 26, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard, and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.77 acres out of Padre Island Section E, Block 2, Lots 19, 20 and 21, located on the corner of Leeward Drive and Aruba Drive, from "R- 1B/10" One - Family Dwelling District/Island Overlay to "B- 2A/IO" Barrier Island Business District/Island Overlay (Zoning Map 028025) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H: \LEG -DIR\ Shared \GaryS\agenda\2007.6 -26 \Ord- Zoning0507- 070ritz.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. 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 26th day of June. 2007 ATTEST- CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: June 20 2007 Gary W. Smith Assistant City Attorney For City Attorney H \LEG- DIR\Shared \GaryS\ agenda\ 2007 \6 -26 \Ord- Zoning0507- 070ritz.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 susp•nd 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 Elizondo, Sr Mike Hummeil Bill Kelly PriscHla G. Leal John E. Marez Nelda Martinez Michael McCutchon H \ LEG- DIR\Shared\GaryS\agenda1 2007 \6- 2610rd- Zoning0507- 070ritr.doc 12 AGENDA MEMORANDUM PUBLIC HEARING — ZONING ' City Council Action Date: June 26, 2007) Casj No. 04,07 -08, Yalee Stith: A change of zoning from an "AB" Professional Office District to a "B -1" Neighborhood Business District on property described as Bratton Place, Block 1, Lots I though 4 and the northeast fifteen feet of t_ot located on the east side of Weber Road, approximately 350 feet otith >f Brett Street Platpina Commission & Staff Recommendation (May 16, 2007): Approval of a "B -1" Neighborhood Business District. Reviested Council Action: Apprey al of a "B -1" Neighborhood Business District. Summary: • Request: The applicant is requesting a zoning change on a 0.7 -acre property from "AB" Professional Office District to a `B- ° " Neighborhood Business District to allow for a wider base of businesses to utilize the property. The property consists of an existing building approximately 4,400 square feet and fourteen (14) feet in height. There are sufficient existing parking spaces in the front, side and back of the building. The hours )foperaton are from 8 A.M. to 10 P.M. • Zoning: The 'B- I " Neighborhood Business District provides for retail shopping and personal service uses, such as banks and beauty parlors. It also permits restaurants with or without alcohol beverages. Residential uses are also permitted in this district. The setback requirements for the "B -1" District are twenty (20) feet front yard and tent 10) feet side and rear yard if adjoining residential districts, otherwise there is a zero side and rear yard setback. The maximum building height in this district is thirty -five (35) feet, three stones For residential uses. the side and rear setbacks are ten (10) feet. • the "AB" Professional Office Ihstrict provides for office development. Residential uses are also permitted in this districi. The setback requirements for the "AB" District are twenty (20) feet front yard and ten i i 0) feet side and rear yard. The maximum building height in this district is forty-five :45) feet, three stories For residential uses, the side and rear setbacks are ten (10) feet. The "AB" District does not permit retail or iestaurant uses. • Existing Land Uses: The property to the north is zoned "B -4" General Business District and is developed with mixed ommercial uses. Some of the uses allowed in the "B -4 ", but not allowed in the 'B -1 ", are bars, lounges, and auto repair. Fo the west, across Weber Road, the properties are zoned -B-1- Neighborhood Business District and are developed with a fast food restaurant and liquor store. The property to the immediate south is also zoned "B -1" Neighborhood Business District and is developed with a restaurant. Apartments are located further to the south and to the immediate east on properties zoned "A 2" Apartment Douse District. The subject property is located approximately 700 feet from Carroll High Schoo` • Utilities: Water and wastewater services are available to the subject property. • 'Transportation: Access for the subject property is provided from Weber Road, an arterial roadway that connects directly to South Padre Island Drive. Based on the 2001 Texas Department of Transportation traffic count data, the traffic count on Weber Road near the subject property is 32,990 average daily trips (a.d.t.) Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated from this site if developed as retail is 43 a.d.t. for a 1,000 square foot building. kgenua I4icn orr/��andui.l a.1e y01�; \t'�_ -O8 Shit' Comprehensive Plani Future Land t; se: The future land use map recommends commercial uses for the subject propert\ The zone change request to -B-1- Neighborhood Business District is consistent with the future and use map Notifirption: (1)f. the eighteen t ;8) lotices mailed =o the surrounding property owners, five (5) were returned m favor and .zero t i € i were returned in opposition. The 20% rule is not invoked. This case is considered non - 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, Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and noting. DM /f-GM'hlp Attachlpuents: Toning Map Planning Commission Minute, ? Ma, 16. 2007i x , Ordinance j Deborah A. Marroquin, P.E. Interim Director of Development Services ._DIR Si iAREDi_t3ever1 200' " =_'11Ma ,ENDAMEMO dot PIM/Project Manager Sr.C.P /CP Planning Director CITY COUNCIL ZONING REPORT Case No.: 0507 -08 City Council Hearing Date: June 20 . 200 °a c Applicant Yalee Shih Q. ( Owner Same as Applicant 03 Cql �t , Agent: James Boller S. - 'cl: 1 Legal Description/Location: Bratton Place, Block I, Lot 1 though 4 and the northeast fifteen G feet of Lot 5. located on the east side of Weber Road. approximately 350 feet south of Brett Street. u From: "AB' Professional Office District To: 1B -1` Neighborhood Business District o Area: 0.7 Acres 30,705 square feet Purpose of Request: To allow for a wider range of tenants. T Zoning Existing Land Use Site "AB" Professional Office District Commercial Vorth "B -4" General Business District Commercial South `B -1" Neighborhood Business Commercial District East A -2" Apartment House District Multifamily West "B -1" Neighborhood Business Commercial District Future Land Use Commercial Commercial Commercial Multifamily Commercial Area Development Plan: i'he Southside Area Development Plan supports the zone change to 7 • neighborhood commercial uses at this location. °- Map No.: 04503, 2.7 a j Zoning Violations: None .'_.ruing Report Case No :1507 -08 ; Shi^ Page 2 • Request: The applicant is requesting a zoning change on a 0.7 -acre property from "AB" Professional t)ffice District to a "B -1" Neighborhood Business District to allow for a wider base :rt businesses to utilize the property. The property consists of an existing building appro cimate , 4.400 square teet and fourteen (14) feet in height. There are sufficient existing parking spaces in the front ,ide and back of the building. The hours of operation are from 8 A i\1 if) E' M. Zoning f he -B-1 Neighborhood Business District provides for retail shopping and personal sere ice uses. such as banks and beauty parlors. It also permits restaurants with or without alcohol beverages. Residential uses are also permitted in this district. The setback requirements for the "4-1- District are twenty (20) feet front yard and ten (10) feet side and rear yard if adjoining residential districts, otherwise there is a zero side and rear yard setback. The maximum building height in this district is thirty-five (35) feet, three stories. For residential uses. the side and rear setbacks are ten (10) feet. The AB" Prirfessiona; Office District provides for office development. Residential uses are also permitted in this district. The setback requirements for the "AB" District are twenty (20) feet front yard and ter t 10) feet side and rear yard. The maximum building height in this district is forty -five (4 s feet. three stories. For residential uses, the side and rear setbacks are ten 10 s feet rhe ., NB District does not permit retail or restaurant uses. Existing Land Uses: l he property to the north is zoned 'B -4" General Business District and is developed with mixed commercial uses. Some of the uses allowed in the "B -4 ", but not allowed in the "B-1". are bars. lounges, and auto repair. To the west, across Weber Road, the properties are zoned `B -1' Neighborhood Business District and are developed with a fast food restaurant and liquor store. The property to the immediate south is also zoned "B -1" Neighborhood Business District and is developed with a restaurant. Apartments are located further to the south and to the immediate east on properties zoned "A -2" Apartment House District The subject pr ?perry is located approximately 700 feet from Carroll High School. t tilities: w ater and wastewater services are available to the subject property. Transportation: Access for the subject property is provided from Weber Road, an arterial roadway that connects directly to South Padre Island Drive. Based on the 2001 Texas Department .-f Transportation traffic count data, the traffic count on Weber Road near the subject property is 2 »90 average daily trips (a.d.t.) Based on the Institute of Transportation Engineers Trip Generation Manual. the potential traffic generated from this site if developed as retail is ► t.d t tor i 1,000 square foot building. Comprehensive Plan/ Future Land Use: The future land use map recommends commercial use for the subject property The zone change request to `B -1" Neighborhood Business District is consistent w =th the future land use map. Cr Street Weber Road Type \rterial Paved Section 95' ROW Volume Source: 2001 TxDOT Traffic Map 32,990 a.d.t. Zoning Report Case No ')507 -08 ( So EM 3 A -2 1 -2 R -1 B KIBBY IN 71-Pc" STRIAL NOTICE 0 100 200 Feet CASE # 0507 -08 ZONING Dartment tioart/nem ! -outs _Asti spartmem rows astr +—afessiona- Office 7istnct - partjrent= outlet listed Neighbomdod Business District E- - NeIghbommd Business Distnct iiayfront Business Distort B <A 3amer :.slang ausi-ess Hstnct Business Distrito :3enerai Business ;istn. ''nmar Business E -� —mar, Business '.cre District arms Christi Beau. Dragn Os' airr ourai Deltic 'istoncai- C.;ltUfel =ncr iarI .reservation 04/30 /07l NK ,rrter ousmai stnc� �gn= m::strial District -ieaoy tostnaistne, PIannec Jnit Develoorner One Ear-11y Dwelling Distric-. B Ore Ear:!y Dwelling Dish = - -* One 'ariy Dwelling Dist/ -.. ^dull pi - ;weH ing Distnc: ")re Dwelling Disn Reside -th Estate Datric' - - rownh-'ruse Dweil■q G�,r Spec, a - -ermn Travel ;nler Pan Manufacnreo fore aan :.stns. vlan,fa. aeC Hu^ e . Corpus Christ; Bay fAuico EM ?ti Aq0 -41NO q4 /1F 3 A -2 1 -2 STRIAL NOTICE 0 F�, CASE # 0507 -08 OWNERSHIP Subject Property 200 Owners within 200 feet listed on attached ownership table Owners in favor X Owners in opposition O4 /3O /O7i kU( Ammo. row SUBJECT PARCEL 7SR aHnnb C OMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No. 0507 -08 Yalee Shih Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Eighteen (18) Returned undeliverable: C Notices returned from within the 200 -foot notification area: Favor: #1, #2, (0.0 °' and It }.30 %) Yalee Shih, 6017 St. Denis Street, 78414 As a owner, I have many prospect tenent can't lease the space because of the zoning. It have been vacant for five years. 4lmost all the business around the building is "B -1" zoning. fhe office does not tit for the area." #10, ( 0 74 %) CC Tennis Center. 353 Lakebend Dr., Brandon, MS No comments) 411, 12, (0.84 °%o and 0.03 %) Commercial Investors Ltd, 496 S. Castel] Avenue, Ne« Braunfels. TX 78130 No comments) Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor. (1 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor Opposition: 1 (See 41 and #2 above) MINUTES REGULAR PLANNING COMMISSION MEETING ('auncil Chambers- City Hall Wednesday — May 16, 2007 5:30 P.M. COMMISSIONERS PRESENT Rudy Garza_ Vice Chairman 1 red Braseiton -tiiano .1 Huerta *arrived at . 45prr i on J. Kelly * Arrived at St'pm Johnny R Martinez ^,-Michael Puslk: James Skroharczy k iohn C. Tamer COMMISSIONERS ARSES `hairman Bryan Stone S usted quiere dirigirse a la cc =rnision ngles en la Junta para ayudarle STAFF: Johnny Perales, PE, Interim Director of Development Services/ Special Services Far\ce Goode - Macon, Interim Assistant Director of Development Services /Planning Miguel S. Saldana, AICP, Senior City Planner Stephanie Voss. Project Manager Wes Vardeman. City Planner Mic Raasch, City Planner Dan McGinn. Project Manager Gary Smith. Assistant City Attorney Wendy Ogden. Assistant City Attorney Beverly Lang- Priestley, Recording Secretary su ingles es limitado, habra un interprete de espanol a CALL TO ORDER A Quorum was declared and the meeting was called to order at 5:34 p.m. I� ZONING New 7,oning Case No_ 0507 -08 Y aiee Shih: A change of zoning from an "AB" Professional Office District to a `B -1" Neighborhood Business District Bratton Place. Block . Lots 1 through 4 and the northeast fifteen feet of 1 of located on the east side of Weber Road, approximately 350 feet south ,t' Brett Street Stephanie \ ,ss presented the above case via Power Point, stating the request is for a change ot zoning on 17 acres located at Bratton Place. Block 1, Lot 1 though 4 and the northeast fifteen feet ot Lot 5. located on the east side of Weber Road. approximately 350 feet south of Brett Street. Ms \ oss stated the applicant is requesting a change of zoning from an "AB" Professional t 3ffice Distric= to a -14 -1- yeighborhood Business District to allow for a wider base of businesses to r :t i 1 ize the prooert 'lanninc ( omnussror Minute, \la 16. ?On- 'a: e 2 Ms. Voss stated the properties surrounding the subject property are zoned "B-4-General Business District to the north "B -1.. Neighborhood Business District to the south and west, and ;A -2" Apartment House District to the east. Ms. Voss stated there are sufficient parking spaces in he front. side and back of the building and the hours of operation are from 8 A.M. to 10 P.M. The Area Development Plan and the Comprehensive Plan support the zoning change. Access for the subject property, is provided ''rom Weber Road. an arterial roadway that connects directly to South ;'adre Island Drive In response to Commissioner Braselton, Ms. Voss stated the property consists of one building approximately 4.400 square feet and 14 feet tall which serves as a chiropractic link. the adjacent properties to the south, Lots 6 through 9. are also owned by the applicant ind these lots were rezoned from 'AB" Professional Office District to "B -1" Neighborhood Business District it ! 9'" Public hearing was opened \ ;)body pane torwar i in support or in opposition. Public hearing was closed Motion was made b' Commissioner Pusley to approve staff recommendation and was seconded by ('ommissioner Skrobarczvk. Motion passed unanimously with Chairman sttlie being absent Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY YALEE SHIH, BY CHANGING THE ZONING MAP IN REFERENCE TO 0.7 ACRES (30,705 SQUARE FEET) OUT OF BRATTON PLACE, BLOCK 1, LOTS 1 THROUGH 4 AND THE NORTHEAST FIFTEEN (15) FEET OF LOT 5 FROM "AB" PROFESSIONAL OFFICE DISTRICT TO "8-1" NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Yalee Shih, 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, May 16. 2007, during a meeting of the Planning Commission, and on Tuesday, June 26, 2007, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi. during which all interested persons were allowed to appear and be heard and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity and convenience and the general welfare of the City of Corpus Christi and its citizens NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 0.7 acres (30,705 square feet) out of Bratton Place, Block 1, Lots 1 through 4 and the northeast fifteen (15) feet of Lot 5, located on the east side of Weber Road, approximately 350 feet south of Brett Street, from "AB" Professional Office District to 'B -1" Neighborhood Business District. (Zoning Map 045037) (Exhibit) 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 -DI R1Shared\GarySl agenda\ 20071 6- 261Urd- Zoning0507- 08ShihBrattonPlace.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 26th day of June, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: June 20 2007 Gary VM. Smith Assistant City Attorney For City Attorney k :LEG- DIR \SharedlGarySlagenda120076 -261 Ord- Zoning0507- 08Shih6rattonPlace.doc Page 3 of 3 Corpus Christi Texas =ay of , 2007 TO THE MEMBERS OF THE C TY 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 Elizondo Sr Mike Hummel) Bill Kelly Priscilla G. Leal John E Marez Nelda Martinez Michael McCutchon H \LEG -DIR\ Shared \GaryS\agenda\2007\6- 261Crd- Zoning0507 -08 ShihBrattonPlace.doc BRETT STREET SLAWINSKI LAND SURVEYING 587- PUNTA ESPADA LOOP. CORPUS CHRISTI, TEXAS 78418 TEL. 361 949 2085 FAX 381 9491978 Byron w tL ;s visern, Lot 2 - 529'000w t1Eac L 3 6202 WEBER ROAD (120' z ca 1 1- I- ti > W W 4.) ¢ . CC W V) W W N 1— U ec az~ �C3 O z O Fes- et' c4 .:c k W a Z 1-- tat 0 O N CC c•C W O 1--WV) 1 cE - r U 1— O Z+ 5h f- • Z0 z S cc t.0 cc ¢ to V1 • Xti z N E x W W >- !e) 41.1 Q • IW I/1 z I- LL/ Q' st 1-- Oxn.>- :-.1" r-¢1- The undersigned dialer hereby Garay Mat 310 euryey wmm made 81is dry on the grand of the property lyviy described hereon, sod k correct, shows the balm et 11 irtlprovemenb thereon, and Qtr" wi no dawpandss, conked', shortages n wee, esandry conies, enaoadweenb, ovstleppita of improvement, "moments, or rIghs•ot -way. except es shown hereon: A monuments wore found or set es shown on the surrey plat. This sunny was performed In oonneefien with the tranoo8on described In Lots and the flagbalaajtet of Lot 1, Blodc: j, BRATTON PLACE. of the of Corpus ChriA, Nueces County, Texas, as shown by the map or plat recorded in Volume: 23, Pape: ,�8, Map Records of Nueces County, Texas. Buyers Name. YALEE SHIN Flood information: FIRM No.: 485464, Panel No. 0285 C, Revised: Not Printed Flood zone: Q. Date: Ot4 -15 -07 Scale: 1 • = 20' Job No 7 -3 -23 e Subdivision . thereof [ ,Q f ,r°` e• . �y�'' ,* - JWARD 5L!4W1NS • 3919 Edarar0 -Sla wreki Registered Professional Land Swveyol Teas Registration No. 3919 CSO—t -8 13 From: Faryce Goode -Macon To: Gary Smith; Rebecca Huerta Date: 6/18/2007 3:01:07 PM Subject: Fwd 0507 -09 Zacharius Case 0507 -09 has been withdrawn per the below e-mail. Faryce Goode -Macon City of Corpus Christi Acting Assistant Director of Development Services 361 -826 -3567 »> "Ryan Robert McCarthy ` 6/18/2007 1:46 PM »> Dear Mr. Payne, With reference to the subject property, I am seeking a formal withdraw for the change of zoning case number 0507 -09. Please contact me if a partial reimbursement can be obtained. Thank you for your time concerning this case. and if you have any questions please feel free to contact me Sincerely. Ryan McCarthy Original Message From: Robert Payne jmailto:BabPc cctexas.coml Sent: Monday, June 18, 2007 1:39 PM To: Ryan Robert McCarthy Subject: Test Email me back. Robert E. Payne, AICP Senior City Planner Development Services Department 2406 Leopard Street Corpus Christi, Texas 78469 Phone: 361 -826 -3560 FAX 361 -826 -3571 Email: bobctexas.com CC: Debbie Marroquin; Margie Rose; Mary Juarez; Shannon Murphy 14 From: Shannon Murphy To: Arrnando Chapa. Mary ,Juarez; Rebecca Huerta Date: 6/21/2007 1:50:46 PM Subject Rezoning from R-1R to B -1 (case number 0507 -01) Revised letter from applican with a new date requested. - Shannon Y> "'Robert Viera' 6/21/2007 1:46 PM »> Ms Murphy. Please table the rezoning request (Case Number 0507- 1)from Extreme Homee6, LLC in the Maple Hills Subdivision until the July 24, 2007 Council Meeting. This will provide us with additional time to discuss the rezoning with the TMISD superintendent Also disregard our previous tabling request Robert M. Viera, P.E DrincipalNice President 301 Navigation. Suite 300 :orpus Christ+. Texas 78408 ,Dh:361- 883 -1984 Fax 361 -883 -1986 `Nebsite: www.lnvinc.com <http: /iwww.invinc.com /> CC: Beverly Priestley; f aryce Goode -Macon 15 `C Mayor Henry ;arrest \riembers cf the City Council =ROM: Tom Utter, Special Assistant to the City Manager DATE June 22. 2007 SUBJECT Repor' on the Otr' Legislative Session The Texas Legislature meets for 140 days every two years. The 80th legislative session started January 9, 2007, and ended May 28, 2007. In preparation for the egisiative session. a Legislative Program was developed and was considered and approved by the City Council to guide the City's efforts and to provide input 'o the legislature. as dve entered the legislative session, we did so with a sense of foreboding and Trepidation There were predictions that the severe anti -city, anti - government egislative bias that was shorn during the 79th session would continue as there .very 3 large n umbe of anti - ;ity bills prefiled. We were also entering the session vith a young local legislative delegation and we knew we faced the possibility of attacks or cur water supplies among many other issues. Although our fears were wel founded, in retrospect, the 80th session proved to be one of the best and most productive sessions for the city over the last decade. Dui- legislative delegation. very capably led by Senator Hinojosa, proved to be .aggressive, capable and wed respected. The entire delegation has acquired extremely knowledgeable staff who performed as an integral part of the legislative process. Senator Hinojosa became a major force in the Senate, with _l eadership positions on Natural Resources, Finance, and other committees (and vas recognized by texas M :nthy with an Honorable Mention). Representative Herrero played a iaiue role in leadership on social service issues and our two freshmen, Representative Ortiz and Representative Garcia, hit the ground unning and showed a focus and intensity that is not common among freshman -nernbers. The entire legislative ,delegation worked cooperatively to support the City and the Coastal Bend and provided daily resources to City staff and our egislative liaisons that proved invaluable. Ve would be remiss if we did not mention the "other member" of our legislative eiegation, Senator Eddie Lucio Technically. Senator Lucio also represents the City o` Corpus Christ because the City has 1.276 acres in Kleberg County, ncluded in Senator ucic s c istric f Senator Lucio and his staff provided crucial assistance to the Cr t on several issues and worked hand in hand with our own Senator Nino csa. The City Council authorized The hiring of a group of legislative liaisons to assist the City who includec Mr Snapper Carr and Mr. Dan Pearson from the HiilCo Lobbying firm. vir R °,'n Lewis 'rcn` Ron Lewis and Associates, and Mr. Tim = ro�rr 'vVki.e Mr. Brown has ions; been the City's water attorney, and Mr. Lewis ;has ceen ur.cer contract wits the 'meaty principally for water- related issues for several sessions, this was the first session to engage the HiIICo firm. This group °f legislative iiaisons worked flawlessly to promote the City's interest with r arttoular emphasis in watet resources. their highest priority. Their help with a umt er of other leg siati e is sue< was aiso absolutely crucial. }n€ a x the most imp:_ rta, p,.,rts our legislative efforts involved the Texas Municipal League and its Texas Large Cities group. This group, including the City of Corpus Christ, met eery Monday at the TML office near the Capitol to :snare legislative information review the overall tracking of bills, determine what the cities' interests are. and hake arrangements for the participating cities to Testify for or acainst hills and jet: rmine which cities will lead efforts on which hills This coordinated joint action by the arge cities in Texas and their city staff legislative representatives is ,;ne :f the single most important and productive effor's for cities guying the legislative session. urine the session Ir, Hug Ber'snga and Mr Todd Hunter, both highly Tesp?e(led former_ legislators provided inv luabie assistance to us in a number of s tuati.:)ns including red light eameras, funding for beach cleaning, and windstorm insurance issues. Their your sei guidance. and ability to remove barriers ontinues to emphasize their commitment to our area This report s broker down into two parts, as follows: The original Cty Courcil agenda item memorandum from December 2006 tor the adoption of the City s legislative program and an annotated copy of our adopted legislative program showing what action, if any, was taken on the City's legislative priorities. A legislative update and veto update published by the Texas Municipal _eague mat goes into great detail on a large number of city - related legislative actions Ve gave requested that eaci- member of our legislative delegation provide a report an their ,Hews ,f the legislative sesson. We are beginning to receive and once we have received ail of those reports we will package them and forward hem to the CI Council Date: 12 -07 -06 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12 -12 -06 AGENDA ITEM: Resolution approving the City's Legislative Program for the 80th Legislative Session and directing the City Manager or his designee to transmit the program to our local legislative delegation and pursue the legislative agenda during the legislative session. ISSUE AND BACKGOUND: Pear to the commencement of each legislative session, the ty ;_if ;orpus Christi staff, wcr :ing with input from the City Council, other local interests, Texas Mun cioa League, and c :her cities, prepares a recommended legislative program Ct■ Council consideration and approval, The legislative program, after consideration and approval by the City Council i s ansmtted to our local legislative delegation and forms the basis for the City's activities �rin4 he 140 days of the State legislative session_ In each legislative session, the number of bills that are introduced is massive. Unfortunately a large percentage of the efforts oy cities are necessarily directed at simply stopping bad pieces of legislation that wouitc negatively affecT cities rre ereoming "p'h leoslative ;ession will uedoubtedly consider many issues that are A rer•.�ly comc.ex, rr:any of unict' gill be cetrirnental to cities. The entire session's outlook appears bleak at this trne with a large number of anti -city bills already pre - filed. During the upcoming session we anticipate attacks on a number of city programs ranging from annexation to the .use of red light cameras In addition, we anticipate this session to have major water legislation to be filed, much of which could be detrimental c cities such as Corpus Christ that have adequately planned. made preparation for, and oad for water resources suffic ent tc serve our citizens As in the past, tie City anticipates working very closely with our legislative delegation. In addition we will continue to work w!tn the Texas Municipal League (TML) as well as the eery active legislative lobbying group of the largest cities this latter group meets once a eek oering the legislative sess =on with TML staff to coordinate action ) We have seriously considered soiIc:nng Council approval to engage additional outside legislative assistance fcr the overall legislative program. After due consideration, we pare determined that we will not recommend at this time the hiring of outside general legislative assistance but will concentrate on what we feel is the single most important iss.4e for the City protecticr of our water resources. We will be proposing additional outside iegislat!ve assistance tc orotect our- overall water resources. REQUIRED COUNCIL ACTION Th e adoption of a legisative program requires C_ty _unc aoprc \a CONCLUSION AND RECOMMENDATION: It is extremely important for the City Council tc cieary establish our legislative program so that not only our legislative delegation is app iced but aisc staff and the legislative liaisons can have appropriate direction. It s anticipated that there w,11 be changes principally through additions, in the legislative oic rafr: during 'nne .eg sat,ve less In WE recommend approval of the attached e:a;slat , progrmr-,. W. Thomas Utter Special Assistant to the City Manager Attachment CITY OF CORPUS CHRISTI Legislative Program 80t' Legislative Session Adopted December 2006 Report to the City Council June 26, 2007 Annotated with Results of the Session INTRODUCTION to the commencement ct e.: -ch egislative session, the City of Corpus Christi staff, working with input from the City Council, other local interests, Texas Municipal League, and other cities :prepares a recommended legislative program for City Council _:onsiderat;on and aacrc al The legislative program after consideration and approval by the City Council, is then Transmitted to our I _cal legislativa delegation and forms the basis for the City's activities •junng the 14C days of the Stag; legislative session. In each legislative session, the number of bills that are introducea is massive. For example, in the last regular legislative session ; 2C05). there were more Thar. 5300 bibs introduced, almost 1,400 actually passed, with )ver 1,20C of The ~ells City-elated, of which 105 passed. Unfortunately a large percentage of the efforts ay clties are °necessarily directed at simply stopping bad pieces of egtsiation which iwouldi affect cities Diver the fast few ieoislat ve session; the City of Corpus Christi, with the support of our :aca' ,egisiative cleiegat,.cn, has had very good success in not only stopping bad bills which wouti,,1 negativel ti maac i i._ the aassage of legislation which very positively affects as The upcoming 8C egisiative session will undoubtedly consider many issues that are extremeiv complex, many of wr ch will be detrimental to cities. The entire session's outlook appears bleak at this time with a large number of anti -city bills already pre - filed. During the upcoming session we anticipate attacks on a number of city programs ranging 'roc?ri annexation to the use of red light cameras In addition, we anticipate this session to Naive rnaior water iegislation to =r filed much cif which could be detrimental to cities such as Corpus Christi that ha�ue adequately quateiv planneca, made preparation for, and paid for water sources sufficient `o se -ve As in the fast, the i ty anticipates; working very closely with our legislative delegation. In addition we will continue to wor'.K with the Texas Municipal League (TML) as well as the iyery active iegtsiatave !oribying croup of the largest cities (this latter group meets once a week during the legislat ive session with TML staff to coordinate action.) The following egtsiative program is b°oker i into sections each representing a major part of Muni rpai loverr;ment beginr: • vith a general statement of policies and procedures. A separate section of Federal legislation issues is included at the end of the program and a a,fisidered to be a pars of our _iverall legislative effort. The communication of this legislative program is carried out on a day -to -day basis by the Special Assistant to the t;ity Manager and the City's legislative liaison group, under the general direction of the 'City Manager after aporovai of the program by the City Council. The Mayor and City CoLincil Members as well as members of City staff including the Police and Fire Chefs tie City 4rtortev, members of her Office, and departments heads 2 daded upon tesi:fy r ALstn ard r Washngton, on a case by case basis. 3 GENERAL POLICY AND PROCEDURES a. The City Nil support emslaticn and administrative actions that: W orotec- and erharoe City revenues. Reduce c ststotheC,;; Provide for more is { a nontrol. Protect those policies previously established through the Charter, ordinances resolutions and master plans. Provide increased "educational opportunities for the citizens of Corpus Christi and Me recion b. e City 'will oppose legislation or administrative actions that: Undermine the or cioi of home rule and local self- government. Resui, in the loss c # revenue growth to the City. Diminish the authority of cities to regulate and manage their growth and development. Nullity or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City s ability to manage its own affairs. Diminish any existing authority of cities. Impose mandates that - equire any expenditure by the City unless all costs of same. including administrative as well as direct out -of- pocket costs, are fully reimt)ursec by the -nardating government. l it art a wa, endangers. °iullifies or transfers any of the City's water rights. e City' ncii _vill c'etei-mine the C position on all legislative issues. The City s Boards Commissions, and Advisory Groups may not represent in oral testimony n wr!ting a position on proposed legislation or administrative action L,less that Position is firs` approved by the City Council. Positions (Y7 legislative Cr administrative matters originating outside of the City C uncil but within the City s go iernmental framework shall be submitted to the City 4 \;tanad -r for re i ew aror to ccasideration by the City Council. g, The legislative c,r administrative positions herein approved, and others separately approvec by the City Council, shah be communicated to the legislative and x ngressicmai delegations, to the Legislature and Congress, in general, and /or to the appropriate !egislati le committees, committee members, and administrative ,agencies or to °triers by the Mayor.. the City Manager, the Special Assistant to the ty Manager, otter staff persons, legislative liaisons and others designated by the :Thy Manager :.'here possible and w'-ere there is a commonality of interest, the City will i.t,cordinate its legislative and administrative program with other political jurisdictions n the region anc. provide assistance to those political jurisdictions. .,e city w i!i sup; art the legislative program of the Texas Municipal League, except e the externs nfl icts vv th any policy herein. is recognized that this policy will often be implemented in the context of great numbers of voluminous proposals being considered within short time periods. City eoresentatives..jnder the direction of the City Manager, shall be authorized to act 7e behalf cif the 1 ity consistent with the necessarily broad policy concerns set forth this poi_:., in this policy, items are cassiEied under three levels of importance, Priority, Actively epport and Endorse. a folicws: Priority means that the City will actively pursue and support (or oppose, as spe sfied the pci,cy including. if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application. Actively Support means the City will aggressively attempt to obtain passage of a measure if it is introduced by some other entity (or actively oppose. as specified Endorse means that the City will make its (support or opposition) known, but will not actively pursue the issue. 5 II, FINANCIAL INTEGRITY PRIORITY a4 Franchise Fees The Ch,. unalterably opposes any measure which would reduce the City s existing franchise fees the growth of those franchise fees, or its ability to charge franchise fees and any measure which would prevent the City from requiring utilities :o Near i 00 of costs associated with relocations of utilities required by the C. `y or which would impair City regulation of use of rights -of -way. F anchise fees are essential }c contineation of basic services. A vote to reduce franchise fees we ,Md be .= Tote increase local ad valorem taxes or reduce basic I ,�:;al services such as aoi ce. Tire. roads, and parks, and would constitute a gift of public property for private purposes. Results: Although there were a number of legislative eforts ] infringe or city franchise fees, none developed any traction and, therefore. e franchise fees o!' cities in Texas were not violated. b. State Hotel Tax for Beach Maintenance, The City supports legislation which v Bold provide State hc+e ax funding for beach maintenance. Results: One of our i : < est 1 . ;�, tzt.c vic E /V,-r_7 the :issaoe : f HB 1009. This bill provides a r e-:hanisr? ror tre City, f Carpus Christ.; to receive one percent of the state t^ Niel /mote 'ax from hotel : - .mote /s. and condominiums in the City of Corpus Christi on Padre Find "✓lustang islands. City staff estimates that this would be ar proximately S250,000 tt s year and will grow in the future as new hotel and motel f n.lities are s`)u!it Thi reaior victo,t y for our City and we must thank Senator t r ojosa arc Ser :ator !O who guided the amendments to the bill necessary to .' /c .w the 'din to r - articicat.e Snapper Carr also played an integral role in this effort. ACTIVELY SUPPORT c. Liability Law. Tne City supports legislation to reduce potential liability of municipalities and municipal employees for torts and other actions and opposes legislation which iivouic increase such ! iability. Result: No legislation passed to it'crease or duce (iabirit d. Prompt Payment Statute, The City opposes legislation increasing the requirements of the prompt payrnent statute. Results: No legislation passed. Indemnity Provisions. The City opposes legislation limiting or prohibiting indemnity !provisions in penile works contracts. Results: No legislation passed f Mandated Fees The it` opposes legislation which would require a city to raise any muni- :cal tee anc re,-nit the reven6e to the state, unless use of the monies would be nearly dedicatee: for ;programs beneficial to the City. Results: There were tNc sets of rmmandated fee: anc they are discussed under municipal court fees below a,; =: photographic Signal e Tforc.ement under Public Safety. 6 ENDORSE Municipal Court Costs The City opposes additional State or County fees or court ;csts or municipal courts Results: HB 1267 imposes a new $2 state court cost for �och cor w.iction ether th n parking for indigent defense representation. SB 600 :iudes add;i onai S2 rmu nicipai court fees forjudges'salaries for any offence .)i,ner than parking. Sale of Tax Liens. The ;=ty supports legislation to authorize cities to sell tax liens. Results do leg +slation . .)assed. ESSENTIAL INFRASTRUCTURE a. Water, PRIORITY Protection of Water Rights. As its highest priority, the City supports legislation to protect the City's water supply and water rights, and to enable she 'City expand its water supply and rights, and strongly opposes eg;sLation which wouic' diminisn or challenge such water supply or water chts or C tv s ability to expand such supply or rights. Results: HB 3, B ' and SB .: al gassed. HB 3 is a major water resources management at s» cificah,, relates to environmental flows and the Edwards Aquifer .:f eratier FIB 4 , equ !re s all larger cities to develop a water conservation la rule city to regulate water conservation in the tr 9 oc E ?t.1 its customers. SB 3 was a comprehensive water E c s _ eveiopr er, rand con nervation bill. SB 3 specifically contains the -DP m ? ' ft ) v s language from HB 3 water conservation from HB ,r. e,ro ; j-ief water pre visions. The City's decision to concentrate ,egisia.r,ve Ira;sua effort on water proved to be extremely well justified with r,e 'rt eve" ent rpif r, aSE tells. WE were able to specifically safeguard the City s Jown =trearY Nate,,- rights holder from the provisions of HB 3 related to n addition, very importantly, the Nueces Estuary Ica 3. ar. cur Bated in 1 93 with stakeholders from all interests which et; =:oirc, and , ersee that policy on water releases into our bays and est_r rt iez vas =r ;=ec -e._l and delegated full power to act in place of a newly (red y and basit...takehoiders committee for our area that is called for egisrat Our legislative liaisons along with Senator Hinojosa in ,OSIT7 Seriatf • Natural Resources Committee, and nu took . very active interest in water legislation, all veil major ' .e n . sisting the City in this large win. Desai Projects ' he ::,ti supports legislation to provide special set -aside f,'LY desalir atio :Programs and projects Results: Funds will continue c f i� arjrble for ;aesafnatior projects Aquifer Storage and Recharge The City strongly supports the ability of :t{es tc t_ rm anc operate aquifer storage and recharge districts under e ently:rssec water onservation legislation. Results: Last session the T:uie r , sE :ur= legislation that established our own aquifer storage j +. fscs;at ge di ,t n _.1 . "r uifer storage and recharge was further solidified and odnize-: in a uu nbe, :7)f the water-related bills. No detrimental legislation e aE., d _:. 8 ACTIVELY SUPPORT Transportation. 1. Resources. The City strongly supports legislation assuring the equitable allocation of transportation resources from the State. See below. 2. Funding for Construction and Maintenance. The City supports legislation- that ,voulc increase the level and availability of state transportation funding for construction and maintenance. Results: Transportation and transportation funding were major discussion items during the sessior While more money was appropriated, the principal focus remains o t toll roads and transportation corridors, both of which have proven ce extremely controversial. For this biennium, it appears that the City will ?eeo to n proactive and aggressive to protect and maintain the limited funding that will cu me t) our area C ty Streets /Maintenance. Maintenance of City streets throughout the State is ,i.ronicali uncle fundec: The City strongly supports legislation which would allow :ities to nave additional local revenue sources specifically earmarked for street maintenance. Pesults. _ egislation that allows a City to use sales tax for street ainfenance was strengthened during the session. Unfortunately, the City of Carpus Christi has reached the sales tax cap as most cities have and cannot at this -ine use that legislation 9 IV. COMMUNITY PROTECTION AND DEVELOPMENT PRIORITY a. Development. The City strongly opposes legislation which would erode municipal uthority to regulate development for the public safety, health and welfare, nciuding ;;.;t nct lim to t_ locations of manufactured housing, annexation, . , demnatcin :: atting, oni ?� , extraterritorial jurisdictions and building and using codes = esuits 'here were numerous attempts during the session to limit ,and in sorr-e cases eliminate municipal development regulatory authority. This was especially true with condemnation authority. manufactured housing, and annexation, as discussed beicw. Regulation of Location of Manufactured Housing. The City opposes legislation mat would erode the aut -oriti, of cities to regulate the location of manufactured oJsing Lesr,lt HE '- 60 ailows an owner of a manufactured home to replace home with a! oche' ; 'antu`actured home that is at least as large as the prior anufacture,d hit also provides that, other than as a result of a fire or rural di step qty a tnr v ity hriay limit the replacement to a one -time replacement. Annexation Authority. The City opposes legislation that would erode current - -n iexation authority. esu /t. HB 610 and HB 1472 made amendments to the j nfexation 'aw, t cihtehinc up annexation service plans and allowing various types of :: ntractuai annexation ar d development agreements. To some degree, HB 1472 r E es 'rm t ;lo ,)nexat,( gricuIturai or wildlife management land. ACTIVELY SUPPORT d. Affordable Housing. Vin, Cit -y supports affordable housing initiatives that do not undermine the City's Weg later/ authority to protect the public health, safety, and fare ?esuir S er t e..;rions air the State's affordable housing legislation were twea ed lc a nurnber r-.r gills; primarily providing additional tax benefits for affordable t ousm . e. Building Codes, The '&Ty supports maintaining and expanding municipal authority select idin . codes t nd -Make local amendments as determined by local city _ncils ar�r; opposes ;egislation eroding such authority such as by mandating �,apticr ct ;art! ::ale 1.oces. Results No detrimental legislation was passed. Nuisance. he ;,ity suuoons legislation to strengthen municipal enforcement urnority nit. resr. ecf to °, jsandes. Results Although there was an effort made to r :umve ;,ties %ursa ia!A and nuisance extra- territorial jurisdiction with regard fireworks then- were cefealed g. Condemnation Authority, The City opposes legislation that would erode ndemnat;cn authority Remits: HB 2006 was substantially modified from its -Iroduceci _c rm t wouic still have placed significant burdens and costs on cities with regarc to cc.ndernnetion Governor Perry, after hearing from the Texas tnicipa, __ ague Texas 4ssc =ciation cr Counties and many other interests, vetoed 10 is very Tarmr. i bill. Dune Protection. TheCty supports city administered dune protection within a Jiy's limits and ETU Results. No legislation introduced. Redemption Periods. 'he City supports a further reduction in the redemption ;period tor tax Toreclosed properties in order that a more aggressive infiil tedeveiopment . ogram lay be established, Results: HB 1742 will for the first time vv the City of Corpus Christi to undertake urban land banking. This bill should lve the City a ?such stronger method to undertake infill redevelopment. Last session, we were successful in getting the redemption period for other than formerly ?omesteaded properties substantially reduced. This new bill gives us additional -cols to rieip with the problerr ENDORSE Alcoholic Beverage Regulation. The City supports legislation to protect and strengther city authority to regulate alcoholic beverage sales and consumptions rd to provide flexibility to cities to undertake and contract for alcoholic beverage sales in city -owned facilities Results No legislation passed. k. Group Homes. The City supports legislation to protect and strengthen city authority regulate grout homes Results: No legislation passed. V CHILDREN AND YOUTH ACTIVELY ENDORSE Juvenile Crime. The Cii y supports iegisiation tc reduce crime and delinquency nong children and youth, T promote their development and well being, and ;cntinued funding of CYD programs. Results: The funding source for the CYD program remains in iliac: CHIPS funding. The Ci-y supports expansion of the Children's Health nsurance Program to the greatest extent possible so that no child is left irinsured. Res_. Its CH ?S funding has been increased in the State budget and l's gotten a much higher profile through the efforts of a number of legislators f6 ;ludirg > Representative - ierrero. Representative Ortiz and Senator Hinojosa iso made expansion of `:HIR3 a major effort in their programs. The entire 'eiegatioo took s.n aggressive interest in CHIPS funding. 11 VI. EDUCATION PRIORITY a. Higher Education. The Ay supports legislation to advance and obtain sufficient suppor for education in This area, especially legislation to enable Texas A &M riversity- Corpus Christ to operate as a strong and viable four -year university, ncluding soecia .item furrdinc_ and legislation to insure adequate funding for the aeration and programs of the Del Mar Junior College District, including Full =,ermula „rdinci and expansion of the District to adequately reflect its service area. esults of t tie tl;; ant] our legisslative delegation coordinated with Texas C- -- risti an De: -far or ,38 of their requests. Both Senator Hinojosa A our hu ;:se de/egetier work'eo` tirelessly for both institutions. Senator Hinojosa i Repr e:>>entar re Orti2 were successful in obtaining Spatial Reference Center -esignat,3or • `or r'. &M r efforts toward are engineering school at A &M— Corpus risti iar�� r; cr�ificar�t rnuroation for future hopefully successful efforts in this Mar was na --de.-.° a signif +cane blow by the Governor's veto of health t:enefi,r= for De iiviw employees, resulting in a reduction in state funding to �ej Mar ot three o four r nllicrn dollars cer year. b Support of Local School Districts. In general, the City supports the legislative :rcgrams D+ al school :districts leading to enhancement of educational : oortu -nit e` for ;itizens iiyf Corpus Christ. Results- We coordinated our efforts firth the vocal orc - nizatic; s Support for Job and Vocational Training. The City strongly supports the itotinuatich and expan,s=on of the Skills Development Fund. In addition, the City pports the efforts at ski l training in our public schools as well as programs at Del r. Results Wr coordtratecii our efforts with the local organizations. d Dropout Prevention The C strong y supports legislation to address problems r eren• artc F rrw he ih causal and reflective of our area's high dropout rate. =results Afe coordinate( cut efforts with the local organizations. 12 VII. PUBLIC SAFETY AND HEALTH PRIORITY a. Emergency Service District, The City supports legislation permitting 1/8¢ over ie 2t local Sales Tax cap for Emergency Service Districts. Results: Representative Ortiz. wh :: introduced HB 3162, attempted to carry this legislation for Unfortunately, even ;'hough he made a valiant attempt to convince members, he -an into :members of the House Ways and Means Committee that have never lowed any bill going above the 2¢ local sales tax cap to proceed and the bill died in committee We rave trier to move this bill in several legislative sessions. Although the bill gives the : itizens the right to vote on implementation of the additional 1/80, b s legislation is orobablv not viable until the legislature increases the local sales tax =p. Child Safety Registration Fee, The City supports legislation to amend current al, to increase tine optional vehicle registration fee for child safety to allow cities to ribose the tee. 'Results llts Although legislation was filed, it met significant obstacles a d dig hot forwat c. Crime or Emergency Service District. The City supports changing the statute to ose the City sales tax base for a City - created Crime or Fire Control and Prevention strict sc that City sales taxes are administered consistently. Results: preservative r arc,a fi ed -a5 3417' which clarified crime control and prevention 'anguage The ~gill passed the House and was sponsored in the Senate by Senator -i nojosa The .h,ll passe- i and was signed by the Governor. City staff estimates tat this will increase the ncc.-rne to the crime control district by some $400,000 to J - OO, OOO der ye at-. T is s one of the '6ity's major victories during this session and iv is accomplished throu.;h the major efforts of our delegation and the tremendous pporit tr7e TA=IL a'7 {,T / , +',: e cities coalition. :court of Record. The CIty supports i ,gisiation that would allow the municipal court `c became a coul of record thereby making the court much more viable. Results: Senator H nojosr filed Sze 2009 at the City's request. which he successfully guided -h rough the Senate, e i esentative Garcia sponsored the bill in the House where it ssed. The 617 of '3c ou > :;hristi s Municipal Court is now a Court of Record. 3:- -other great w'„ for the Cit. ACTIVELY SUPPORT Photographic Traffic Signal Enforcement: The City opposes legislation that :would prohibit or hamper cities effectively employing photographic traffic signal enforcement. Results: here were a number of bills filed in the legislature and jmerous attempts to ar riency bills to outright prohibit red light cameras. Senator Krona. chairman of the 3enate Transportation Committee, developed SB 1119 that 1 .'es a = it, the absolute dght to use red light cameras and institutes a number of 'e uirerne is or Vies u‘slig ted light cameras, including limiting the penalty to $75 13 rr= ^ a ;ate ;:;erg ty ,r .Y = allows a city tc pay for all costs necessary for r .r :hasrn c erar!r,c; hF :ameras and then t requires that 50% of the net re-venue be eposrtec ,r; a iiegionai trauma account to go to regional trauma centers. The remain ng -ur ds ups he sed for traffic enforcement. Cities across the state debated the erro ,s 'ter,ation, s of this oil/ and decided that this was a good bill because it guarar `ees rid rig/I,' of cities to use red light cameras. 911 Emergency Service Systems. The City opposes legislation that would hinder the City s o pe ratn, - o is ° r system. ,vhich would inequitably affect the Corpus Christi area on 9 fu ,d a. cr which wouic limit its ability to charge a fee for 911 services. Pesuits No detrimental legislation passed. Court Appearance. The :;itv strongly opposes any effort to allow a defendant to waive their personal appearance at a Municipal Court Trial other than those who aas: waive their r c;ht to a iJr■ tr!al_ Results No detrimental legislation passed. OPPOSE Felony Forfeitures. The . ;ty opposes legislation which would detrimentally change the existing teloniw forfeitzte statute. Results: No detrimental legislation passed. 14 VIII. UTILITIES PRIORITY Compensation for Right -of -Way Use by Utilities. The City strongly supports the ability of a city or behalf of its citizens to be adequately compensated for the use of :;icy lands and right -of -ways by utilities Results: No detrimental legislation passed. Right -of -Way Control. 7-hie City opposes legislation that would erode the authority of cities to manage and control their rights -of -way and other public property. Results: No detrimental legislation passed, Video /Cable Regulation, The City opposed the ability of a video /cable operator to ;ancei existing franchise agreements and supports an adequate compensation for he use of city rights -of -way as well as local oversight of video /cable with regard to Lality arc customer service Results No detrimental legislation passed. Solid Waste. The City :apposes any legislation that would negatively affect the irancial viability of muricipaily owned and operated solid waste collection and lisposal Resbtts: One minor piece of legislation passed that exempts i ulers f tempt ary de ;r olit on projects from city franchise. e WiFi. The city opposes r er islatior that prohibits or obstructs the ability of a city HD provide ',Ali . nd,or ntr ct for its -citizens. Results: No detrimental legislation kisser 15 IX. ENVIRONMENT' PRIORITY a Air Quality. The City supports continued allocation of financial resources for near -ion- attainment areas which s essential for those communities striving to remain federal guidelines -= r air quality Results: The City, working with other near ,..-cri-attainruent a eas wras successful in getting full funding for this item. National Estuary Program. The City cf Corpus Christi actively supports State �ur!ding of he ?ccai Naticnai Estuary Program. It is an important priority that the ;rogram continue to be funded possibly at an elevated level. Results: Fully drded boi lot aF an eie ,atec level. Regional Water Planning. The City supports continued funding of regional water :unarming : ?esuit:7.: Fully funded d. Parks and Recreation Funding. The City strongly supports increased funding for °he. Texas Recreation any i Parks Account Local Park Grant Program. Results: H8 was passed, Mhich givs substantially more funding for Texas Parks and Wildlife cart u = - t 1,1/h ;e th ; nor the total amount oricinally requested, it marks a very �stant;at ,acre ?se ACTIVELY SUPPORT Beach Cleaning: The City supports full State funding of the beach cleaning grogram. Result.: Linde,- the appropriation, we should see some increase in this eimbursement program .put it is unclear at this time what that increase will be. Oil Spill Response Program, The City supports continued and expanded State support for the 0 Spill Response Program and the location of a major center in the irpus Christi isti ar ea. PesIlts This program is funded at a slightly increased rate. Drainage /Stormwater. I he City opposes further unfunded mandates with respect irainage and = torrrwater .arid supports increased State programs to assist in 1 ping :SuCn pror: ems g;'eSLiif3 No unfunded mandates passed, but no increased =r : °gram Solid Waste The City s i_: >porrs legislation that would enhance its ability to maintain ldequate funding for the :3peration of its present and future landfills or that would strengthen .city iandfiil operations, and the City opposes legislation -hat wcuic ancerrnine ad equate funding of city landfills, impose regulations more -r ngent than fecerai iav, cr erode cit: authority over landfill operations. Results: detr +rne e ta; le.7isiat or 16 X. PERSONNEL Reserved ACTIVELY SUPPORT 17 ECONOMIC DEVELOPMENT PRIORITY a. Military The i; City support,:; continued funding and legislative support of the Texas Strategic Nitiitary Planning Commission and other efforts to preserve existing military as bases in Texas r-'esuits The ,commission was funded. Ballot Language for Economic Development Sales Tax. The City supports amendment of Sections 4f;. anc 4B of the Development Corporation Act to provide greater ioca flexibility in presenting projects to the voters individually or combined. Results. 'thoug i legislation! was filed, ;t was being pushed by a statewide e de veiop,vnent gr c,p in a comprehensive economic development rewrite th.ar became- very ontrcvc rsia< and died in committee Economic Development Areas. The City strongly supports legislative initiative to provide stronger acid more ::powerful economic development tools for local, State or F ceraliy Yr ated 3rdesignated Economic Development Areas. Results: Chairman L e hotei ir the House in t od ; ed HD 3694 that was the Governor's Economic L e elopmet't ii'og am rewrite of the Texas Enterprise Zone program. Cr i; staff acted as the r rir cipa negotiator on behalf of the large cities group and r a y industrial !nt rests ,; this bill. The bill. as passed. strengthens the Enterprise Z re program. anc increa es the number of Enterprise Zone projects during each biennium his br /' is impsrtart to Corpus Christi as the Enterprise Zone is one of tt-,e most vaivabie economic Pic development tools that the City is able to use. Fec;resenrative C-fiz vhc sits ;n Chairman Deshote/'s Economic Development c r-7mittee ii.ddnificant4i assisted our efforts in this bill ACTIVELY SUPPORT Economic Development Authority. The City opposes legislation that would erode municipal economic deveopment authority Results.. No detrimental legislation passed. Childcare, The City supports increased. sustained State funding for childcare. Results: Nc substantial increases for childcare were appropriated. Texas Public Libraries. The C ty supports legislation that would increase support ct Texas puOhc libraries through TexShare and the Library of Texas for improved :cess to eiectror inforr-aticri Results: No substantial increase in support was a ::. propriate ENDORSE 9 Workforce Development. Yne City supports local control over employment training programs continuation of Smart Job training grants and the Skills Development Fund, and State funding for adult literacy programs. Results: 18 Programs will continue without any sJbstantial variation. XH. EFFICIENT ADMINISTRATION g. ACTIVELY SUPPORT Sales Tax Exemption, T-te C -y° opposes legislation that would enact a sales tax exemption that isµ t a loca opt .gin exemption. Results Minor legislation including hhB 3314 ar; _i HB '3? o« sea which add such things as backpacks among other minor issue6 ro saes tax Exemption. Property Tax Exemption. The City opposes legislation that would enact a property tax exemption that would shift the burden to other taxpayers and that would be a substantial erosion of the tax base. Results: While numerous property tax exemptions tax caps appraisal caps and revenue caps were introduced in a rH n ber or bills. . a s+ngie detrimental piece of legislation was passed. Delinquent Sales Tax. the City opposes legislation that would abolish the a _tt,ority t i iiities : i sue fo- delinquent sales taxes or to join in an attorney general's s a Res ire:. No :.'etr .Y.er ta.i legislation passed. Notification of Delinquent Amounts of Sales Taxes. The City opposes legislation that wcjld repeal the requirement that the comptroller notify cities of delinquent amounts of sales taxes. Results, SB 190 removed the population cap of 275 000 for o city TO be a,be tc request sales tax remittance by any business. This i.: important to Corpus Ghost' as we ha ve just exceeded that population cap. Rate Case and Complaint Dockets, The City supports legislation that would establish the right sf cities to =cover expenses related to rate case and complaint d;._ cKets within a reasonabe time and require utilities to recover rate case expenses cjt of stockholders equity 'when a rate case is found to be unjustified. Results: No legislation rroved put of committee, Water or Wastewater Permittees Fees. The City opposes legislation that would increase fees pair by water or wastewater permittees. Results: Although there was dscussior it several committees about this no bill moved out of committee. Sales Tax Pledge The C ty supports allowing the pledge of sales tax for financial obligations Duts l - of ecc ,comic development. Results: Senator Hinojosa was s„locessfirl passing bii ou' of the Senate. but the bill died in the House. ENDORSE Open Meetings Act. The :.ty supports legislation clearly exempting from the Open Meetings Act attendance t ='y a ,uorum at public community events, and clarifying restrictions on meetings .r less than a quorum. The City opposes making the Act more restrictive /Results 38 1306 was passed that specifically allows a quorum or more to be at a cerernoriiai event or press conference. There were no bills passed that made the Oper, Meetings act more restrictive. 20 FEDERAL LEGISLATION /ACTION A. CDBG /HOME Funding The City has found Federal funding of the CDBG and HOME Program to be essential to the continued wellbeing and revitalization of the ty, Therefore. the City strongly supports continued and increased funding for the ;r7grams Diversion to State. The City supports direct Federal funding of programs to cities �r!d generally opooses finding to cities being routed through State government. Homeland Security. Due to greatly increased costs of local security activities, the ty supports continued And r creasec direct Federal funding of homeland security cities. Miiitary. The city strongly supports legislation /funding /actions to maintain our local areas' military facilities as one of the City s highest priorities. Coordination with Local Agencies. Whenever possible and particularly where there is a commonality of interest, the City will support local agencies or units such .is the County: RTA an an(I the Port in their efforts to secure favorable legislation and /or funding. Protection of Right of Way Fees and Authority. The City strongly supports its 'raditionai authority to charge rental value to private companies for the use of valuable public rights of way and to reasonably regulate the rights of way for the )enefit o the pi. blic the City strongly opposes any dilution of its traditional �Lthoritt 21 Legislative UPDATF, parr that human hearts endure, revs or kings an cause or cure. amuel.lohnson- June 7, 2007 Number 20 EIGHTIETH TEXAS LEGISLATURE CONCLUDES In a Session Characterized by Havoc and Pandemonium, A Complete Breakdown was Narrowly Averted t r> often saiu ;La. durtg a :•egu,ur yes Sion, the exas Legislature must pass only one bill: the itatc s approprtadons rni:, which ,ays gar 'he budget for the upcoming biennium. The Eightieth beg:slature a ,?snplisne =_ that ,us 1)n the 139`h day of the 140 -day session, with rlitrstes to go br'i -re .ion, bow nar.hers finally approved the appropriations )1u observer to 200- ses.; or. oul`ed out Tole- he-ore e', er 'bu'.d,,zer" 4 rc�. ise aai '.-hc 2007 ses,:o•-: featu.0 -ed `■\,<., Caries i)riv liege" speecne , a hi e -nigh .; alk -r tear melt- dc'.t. r, t: the 'senate ovcr. a eg-, ivaed long , u: r. addr °ss ;ntii n rep e.tt menu, 'tow t;uLk" session. because so many bills had to be est fore,: vr. L could :Just as well have been called a SL's that s ere buried in the legislative landfill. vet the house Speaker's chair, numerous "personal by enough House members to break a quorum, and a ntested roi, call vote. But on the final day, lawmakers .ned business and wrap up the most contentious session ear Total Bills Introduced* Total Bills Passed 25c, 1.33, 1.502 )f)t l ,(13‘, 1,495 City - Related City- Related Bills Introduced Bills Passed 4 11)— 175+ 6_154- 180+ X10+ 180+ kl:i0+ 1.100-+ 1.230- - 1,200- 1 , 2 0 - - 1 . 2 ) 0 - - 1 . 2 0 0 - - udes bus and orc pose ; '. onsta ut , al am, endments regular session only. 1 4 0 - - 1 4 0 + 130+ 130+ 150+ 110+ 105+ 120+ The ,roblems began , <t .th the sh. er volume of legislation. All previous bill - filing records were shattered. ( Please see the accorn inv n.* chart. ['hat avalanche of bills virtually assured an end- of-session logjam, and that's ex. =c t1v -.hat happened. With a bill count 18 percent higher than 2005. hundreds of hih died simph because time ran out. The sponsors of those bills went to =k,ng for dthei. bias r..: amend. [he -esult was rrr amendment free - for -all during the final days, as 1s thought TO be dead sprang 'pack to life as amendments at all hours of the day and night. T ester, of -:-se. went Iangerou t zees for cities Dozens of bills that had been killed by TML at l s member c,t,es '2re resurr> Stec ) id had 4o be tracked down again and again. 113% Did Cities Fare' a:ways, die 2tgges1 to eyed or broadened pr, :rcrty tax re -enue cc ,:d ct loca Ir addition. :1taeL, fc -::co A;nong [host. in. rease fundin for :o ad: t ed , ;r1Sl3t . rictor. * cues vas the defeat of hundreds of bad bills that would have le Curren cap annual increases in property tax appraisals, imposed a rp, v unfunded mandates, or eroded municipal authority to )enefit '_ rm the many good hills that are summarized in the pages that bills is < gisiarion that will expand purchasing /contracting authority, al parks...ad enact improvements in the "conflicts disclosure" procedures `'e lit 200 ")r. to a:: de the enti ;rue = .: :pal cr=t.r Ze •nstnc ysierris is 'inn ,uthotnzee rai ,_na" mar lrL -Hann -o e nnr r °:ic'. I'hc limitations to emi he ' "t ommuriir- and t .much more ecpensise ib(,sit this issue Looking Ahead ef2,2er. tinies .vr.l once again) face new state fees on ase reu light ,:ameras I although the use of such imitations •n the ase of eminent domain, and a new aria <gerner Went domain art embodied in H.B. 2006 (please see the description in continue Deve oprnent" section). This bill will undoubtedly make it it, obtain land tor public purposes. City officials who feel strongly uranitd contact Governor Pere} and urge him to veto H.B. 2006. r _egislaiure. e = roven vet"! or:t: his signature ire - iened: ;: r ;lei ,.. . unlc . _fe.ii _edate -,,tin Ut idn ' a issue: ial deem Property Tax of the major env-related bills passed by the Eightieth or has 1 inne ! 7 to >. <,n bills. veto them, or let them become law nmc her . riescribed below will become effective as soon as they t; vetoed: me ct'ecti'. e on Monday. August 27. The specific can ?ri the Internet at Texas Legislature Online. .� r� White or inva To n anti t_'ity magazine will provide o; ..e t ; intled her it FINANCE AND ADMINISTRATION EJB. 43f — Property 1 axes: does the following. (1 provides that the appraised value of a residence homestead mat,/ not inciease -Wore than ten percent in any single year (under current aw. in area of the state where Homesteads are reappraised every two or three years, the appraised value of a aomesteac car increase 'O or 30 percent immediately following a -eappraisal). and ;2) pry vidtn tint an., increase is value caused by repairs to a homestead is included with r 7, he ter; percent appraisal l cap. This bill will take effect only if the voters approy e the accompany ing const tutiot rl amendment. H.J.R. 40, at the November 6, 2007, Aecr:o-1. Please ee H.J.R. 40. net H.B. 621 — Property Taxes: ;log -xe Iprion appr wed '.v 2) tempts t'r:nr iitropen y rat e lea er mot;?r cle enton . t? -eta, inanufactareti binning tax or_'ic of the :tionern. reent i i goon -ro iu-_ t tha rn. e' , est ackinting an ,mil lane, res ,at:= grit. _ t_i> Januar-. o.i inn fir tan, accordingly. a cit), must hold December 31, 2007, if it wishes in ha . iecisnir _ ; the ullowin-. enacts the "super freeport" property tax ,, ers in 200 as an amendment to the Texas Constitution; tangible personal property other than oil and gas, aircraft, aler -oat inventory, dealer's heavy equipment inventory, and b=ated at a site for less than 175 days and is not under ii e ti-eeport goods - -an exemption under current law - -super ti ;_ n' state ir* order to qualify for the tax exemption); (3) olli. T e exemption by holding a hearing and then continue taxing super freeport goods at a meeting held year x; which the city wishes to continue taxing the goods a hearing and then adopt an ordinance no later than continue taxing such goods for tax year 2008); (4) provides .pet "-:•eport in ods can he reversed for a future tax year, and [La allure to a this .2-ear .. s -3 ara+.;,ude a eity from choosing to opt out of the exemption in f;n:dr :2 year: 1r.d i hr vides iii a property owner receiving the super freeport exemption may :so recen e the tree por er i thort hat exists under current law H.B. 1022 - Properrn Taxes e mp trom pro Derr, taxes one motor vehicle that is used by an in. s idual occupy- ion or profession and is also used for some pe-s, nal to n ,ve i.e product.on cst income- (This bill will take effect only if th eaters <tppr r• -e the _ccr11pw tn2 _ onstitutionul amendment, H.J.R. 54. at the November 6. 2' H.J.R 54 r,. ) H.B. 1210 - Proper(s goac cause, he three - o 7 aymer„ t rant; OA, -gear period. and C :=sad by a . han. e of H.B. 1928 - Property ar ea emption tray e dt : - i, shed prim ` t. s.: - .nal use, bt c ,. dying •.. 1- 11.8. pet pe 't: rL pt-t U. -,1 2087 - Property on- initiated senio- an- initiated elect:c .ty that las had d. and 't'a "ece ` the next re-tat-dark Taxes is yes trhe following: 1) permits a city the option to extend, for -rear deataine r a taxpayer to submit an application for a refund of is pati mt s t t : :r- operty ia tes:: 2 i provides that the extension may be for a ') pr>v ices dal_ an extension may not be granted for an overpayment ernptz't' tatty-- yr correct inn of a tax roil. Taxes: e mpts certain travel sailers from property taxes. To qualify for trailer occupy 400 square feet or less in set -up mode; (2) be ase . -> 11' hg _,1_,arters in -connection with recreation, camping, travel, or in tit 1, chassis mounted on wheels; and (4) be certified as n ti 111 ii1Saa.dards lr : :;ritute standard Al 19.5. Fax Freeze: hit t ides thai. = 1 a general lay city that has had two failed, tax free:aa eieetrons vyi,!Zin .r 36 -month period may not hold another in unr . rite third anniversary of the most recent election; and (2) a home eo failed_ aetir cm- initiated senior tax freeze elections within a 36 -month a .subs( rues • .alid pen ion for an election, may postpone the election tchedulee alec• ; n for eint officers. 11.8. 2092 - 'Tax Increment Financing: permit: land and facilitit's to tlual`t . a,s 1 tax increr certain regional or commuter mass transit rail Ghent reinvestment zone. H.B. 3191 -- Proper ttw Taxes, increases trom exemption for ;:ertain c :ommunit housing devele tr.,_>>rne dwellings are d rather han rented. H.B. 3195 - Property Taxes. hearing postings to con'ain spec' re !dares a tda that .apt -rates <.n es a ctrl ;an .l tat. ph nc rr t.aw ue Ole H.B. 3495 - Propert\ Taxes: cc . n,_i1 will adopt a tax rate ,.a. = rmation ;;bout tax .c vies `or b� anpiy R. J. 7;.A rate ,_ ',opted al- 50 percent o 100 percent the property tax ,pment organizations (CHDOs) where the low- toe, ate follow ing: t 1) requires the city budget and budget nc ; ate of proposed increases in total property tax revenue; (2) ter t_° Web sit° to post its budget on that Web site; and (3) .sari -atificati in vate to adopt any budget that will raise total .cans of 'his n apply to a budget enacted after September Li:rs that ttte nonce of a city council meeting at which the ex...eeds the effective rate must contain certain comparative :e current year and the prior year +Note: the provisions of this .lant.tary 1. 2008. H.B. 3630- Property 1 axes. rectare. - _nat the no 'ce tax increase .iearings and the notice of a -nee -n)2 .o = h1L : ic' .fur v:11 allot t a tax rate that exceeds the effective rate must ao� .'ntaii. er•a:n ;for;- raiion about ,ax 'evies for the current year and the prior -fe,., Note o ,in t?rl'• to a rate adopted after January 1, 2008.) 1-L.J.R. 40 Property. Taxes apt _ ed b the .gate-_ an -1p: ye. end thr: ears t r Tr.! d 'ol , , ;ng are 1 , _tisa. 1 P'e caps ._ an am . ndntent tl.e Texas Constitution which, if 2007_ ,,1 1 authorize the legislature to provide that the est° rah: t. c innease more than ten percent in any single c state L,. ere homesteads are reappraised every two or c>mesteac .:an increase 20 or 30 percent immediately e ee H.B. 438, as I..i.R 54 - Property Taxes. -'ropr,es an amendment to the Texas Constitution which, if apps < =ed b' t r- '007, will authorize the legislature to provide a property tax _ ;ampucr r ti otoi .e is used Ty an individual .n the course of the owner's >c..pation . r ess:.i , and _ _ i c, ..sec for so:-.10 personal activities that do not involve the rare ;u. Lion ;ne 'lease see H.B. 1022, abo-<c.' S.B. 426 (S%esti Properts I a es Plows a , .immunity housing development organization C 1 )) niptaei th< exempt property, provided the successor riy also 1 Li 1` '1 'le e enir SA13. 456 - Property I axes- provides ihat notice of possible senior deferrals need only be included in delinquent ta; correspondence that is sent to residential property. S B. 1063 - Property Taxes: >ernr!! i, a city, to waive interest and penalties on delinquent property taxes lf the tax payer +tter,ntec t_a pay the ax to the wrong address. S.B. 1405 - Property I axes: reeuires that unless a city notifies an appraisal district otherwise, :he appraisal distinct hall .ice earl. t.otice to the cir-v of estimated property values and assist the ,. ir. in detet`7 ;.tiny xah r hudgetarti purposes. S.J.R. 44 Property apprn' ed bx. the s ters • it -th less t a _ 10,00 freeze property r .s.es t {, adm in'. stered na' ' rrent ai ec pa- aprroi es enactan Sales Tax faxes ,, oposes an amendment to the Texas Constitution which, if n No\ emner f-. 7100' . will authorize the legislature to provide that, for a popular ?o...ne city council may call an election to allow the council to or properties in and around certain revitalization programs )epaa:nen ,f Agriculture. (Note: the accompanying legislative th u, ,x 1, g,, into effect only if a future legislature Lion fj.B. 3014 - Sales Tax does the any street maintenance sales tax e a sweet maintenance salcs tax 0y the t "s receipt f a oet Lion u4; : frig: tit abolishes the automatic four -year expiration of feted after September 1. 2007. and ( 2) permits the abolition of election called by the city council on its own motion or upon ! bt !east five percent of the registered voters of the city. I.B. 3314 - Sales Tax- moves ;ie mt sales tax aotiday from the first weekend to the third weekend in :.l�zust ana_ adds ,:ac that cost ess roan $100 to the list of exempt items during the _les ta>_ H.B. 3319 - Sales Ta x fr . eekend =he ., - items irei n. t- apple s_tles pr) _des; r - :m„)) nees jo ° s :te for salts tat ,1 :rent app'.ics re a eeib1e ser' ice, regal p rreeaser ;; t`1_° preet re Lte ing rct= sL efie. S.B. 190 Sales Tax c ,!nhtroller regarding (c :rent lau permits c pt.. !IS a c,t sales t , pa� • }r nation eae',i year Purchasing H.B. 447 - Constru practices. Spec:ificali cent act for -vh,ch a pe current law relating n sealed propesa_s con or_e) contraeur.g) b� or 'hat operate, a fact` ge . ernmentai e lefty tc (4 authorizes t tie use cz ntr >icting. .r arc ;rt ,ssociatO(1 ;oructur ct tr;icting build as <n fated ,a r t. :. bui( pr, 1e :_r that rece_ves g :.e-ament n rani, a= 0nstruc . if pr api)i, to the ha: in er ,cal agreement , ste.rt in t :ne ra -eiet, re -ursen ct seal a �r interior n :.)ntr-a,. it .< nnectioti finar. ed b� t o parne: c :_siruction ter. :ce. s; = c'ic face' t !-e does t. wing: -d v eeke '. in , ugust: ( 2 mpg In ).:e! ,ales tai. 1 al' taxa . e rims, not tat certai noeresidential rposes:: ! spee ties that e trait si files; ,f moves the current sales tax holiday from the adds backpacks that cost less than $100 to the o1id,,v: (3) provides that city sales -tax- sourcing ist tangible personal property, as current law ;)roperty- remodeling services are sourced at the the "sale for resale" sales tax exemption under of ,: ..:reiess voice communication device as an integral part of iethe: there is i separate charge for the device or whether the az b)e. set -. ice tt payment for the service is a condition for . e or tech tca :alterations to various sales tax exemption Information . permits any . ity to request information from the state Iles tax r initt.ir fie by an■ business with sales tax payments over $25,000 y a ci-c . )th popuiati,n of 2- 75,000 or less to request such information); not ::nper apt -pertv tax ,:) request sales tax information by any business is , +I,.I1) iiid req .cs Cita to renew its request for sales tax ction Procurement: makes numerous changes to city procurement the bill: (1) prohibits a reverse auction procedure for a public works rformanct or payment bond is required; (2) consolidates the provisions of alternatio t delivery systems for construction projects (e.g., competitive ruction rianager- agent, construction manager at -risk, design- build, job ost cr vex a-ierr,t_1 entities. including cities and any entity owned by a city ity for tl benefit of a etty: n3) provides procedures and criteria for a ise when selecting a construction contractor using an alternative method; f any altt'rnatIve delivery method, except for design -build and job order ,irov emer to real property : (51) limits the use of design -build to buildings z tii electric _nlit,, structure. 161 limits the use of job order rig or truc,ure or land. whether improved or unimproved, that is rig ,rocidleis that no alternative delivery system may be used for a one free) a gate or federal highway fund; (8) provides that a local created ~` t`; must (ompiy with all state laws related to the design )ects. Inc _ding the procurement of design and construction services, that �rporation, °xir : certain narrow exceptions; (9) clarifies that an e : i eat gove-nment to be reimbursed for its expenses or to the performing party for insurance products if the nanagement of a local government; (10) prohibits the use se o nnneerin: }r architectural services unless the services are onsrructlon of a specific facility to be jointly owned, used, or act. i 1) prohibits the use of an interlocal contract to purchase ,o.rsi(rs are in connection with the design or construction of a t_. : z. ct. or financed by the parties to the contract with certain 2atei tv aurni)r n",cn g ;iss:sts tc nurc` iesi gn. 0! o the „ �r files., nt� tir''tig-i an actor n ,eha ei,ntr. Fides :i: ,1 tession ';erv,ces Procurement Act may be enforced orator', relic filed not late:- than the 10th day after the date : rraeo I -kB. 1491 — Conflicts of Interest i.t s numerous changes the 2005 conflicts disclosure iscii nbe r council. t person designated as the executive officer of etr > 1 . i city dou toil has ',,oted to make subject to the statute to ure state!nery t the officer or officer's family member has an empl, .men' or lusiimss ,tlationshin ,.,.ith a vendor that results in the officer or i r men 'er Jig , :.able Income !hat exceeds 52,500 (current law has no r Tr t ,)u>> ',Apo u j r fficer ,.isclosun. statement it the officer or officer's family rifts ~ ,tn LL, vendor that have an aggregate value of >- .d an required to he a disclosure statement if the officer or L1.1 ily niernt r.r elves tax-Lc-)le income from a vendor that is investment _ f ! Mends _,r ns_ ,tcrest income generated from a personal or } 1. ckinL akin act,,.11 personal or business investment, or a L at1 lsire 1?. t.rhi an . 7-iei. Is e r requires, to tie a disclosure statement in relation to a tnt ae, :epte: by the ;t-icer :-t officer's family member if the gift is given by a family rem t'er et she perso v1 accwpting the gift_ is a political contribution, or is food, tratisporta -or= >r entertainment accepted as a guest; - equi -c.s a Lt.v try repr inan,Je suspend, or terminate a city employee that knowingly atl� coniny tne requirements, r'' the statute: >t an xcep'ion pr- ecution. rather than a defense to prosecution (as current r-r,,vide, that the ;sled a disclosure statement not later than the seventh after the iitttt -tie person received notice from the city of the alleged requires L ',. ndor that onri ets questionnaire n :ploy rnent or or net :1'1er, ne -nndt� '11l0 e ttc s a v :cador artri :au t: onna11 incomplf crakes a an exception 4v rre ides : tha- the ru t: sda ifter the enter, or seeks xo enter into a contract with the city to file a nl� ? the vendor has a business relationship with the city and er business relationship with an officer or officer's family has given an officer or the officer's family member one or an updated conflict s questionnaire not later than the seventh d, of an gent that would make a statement in the •t0 e ,r;accurate: o prosecution, rather than a defense to prosecution (as current end, -H- tiled a conflicts questionnaire not later than the seventh erdo _ received Notice from the sit", of the alleged violation; pro =ides at Luest :onn:t te. es :n have a iuty to ensure that a vendor files a conflicts pro, that the ea.ldity a contract between a city and a vendor is not affected ie bec:,._se z :, en.a.r fail, to comply with the requirements of the statute; pa:t ides ttet[ a .,t: 7 at Etta mains a) -V-'eb site shall provide access to statements and o one a -es VeCI u r. - 1 1:7 filed, rite does not require a city to maintain a Web site; t u gy res eit_: disclosure s atements and conflicts questionnaires in ce. ;rdance with the ,ry = °cords retention schedule; and l .. des i.-.it a .try not required to disclose any information that is excepted from (es, ,,sue the ='url •c 'information \ct. 11.B. 1886 — Civil Works Projects: authorizes the use of additional procurement methods for certain projects Specifically, tht hill i !) authorizes the use of competitive sealed proposals and c es ~ruction manager u' -risk for eny improvement to real property; (2) provides that if a job order c; Pretet or an ,,rder leered cede • the :,.intract requires engineering or architectural services that Lute to e gire- enn e ,- ar:'hit ,•turf'. then a city shall select or designate an a :tweet or t t _gee ,• )rely,. _ .eur ructitet e eineents for the facility; (3) authorizes a city to us: _ ie desere: build e,ethod fo he :; onstructiox,, rehabilitation, alteration, or repair of a civil project ;ypith e defined o, ieadway project. transit project, water supply treatment or tr.a°tsinission project. -uastewatca treatment or transmission project, desalination project, or electric utility project: 4) provides procedures and criteria for selecting a design -build firm using a .:combination of qualification cost and technical capabilities; (5) provides that before September 2009, the prov :sloe ; of the bill apple to to city with a population of 500,000 or more. at:,i that on or Daher September i 2000 and before September 1, 2011, the provisions of the bill appl_- to a city tvith a population mere than 101=,000; (6) provides that for four years a city with a population of 500,00 ±r or more -limy contract fig- not more than three projects using the design - be.lc method in an Fiscal year_ and city with a population of 100,000 or more but less than 5no,000 may . p:ntract or not m _•re than two projects in any fiscal year; (7) provides that after ft vears a t) )vith _ populatic . of stet ",000 or snore may contract for not more than six projects usar,i the desigro -build ,:=iethot. any fiscal year, and a city with a population of 100,000 or more b•e :ess than '';00,000 may cot tract 1)i: not more than four projects in any fiscal year; (8) mandates tha city o,sume cerl.arn esks associated with procurement using the design -build method; (1) .reates a : <tipend pa ,-hen ,rnerr that would, among other things, authorize a city to offer (yea-half of one per en of the : - =•tract amount to retain the rights to the intellectual property of Lei :u- . :eessfu aid -, at the eleetior. >>f flee unsuccessful bidder, (10) provides that if the contract for • a :acility iny oi'.es the .:se of stmt or 'ederal highway funds, the purchasing requirements of the appropriate state or ferieral funding eniily apply. unless otherwise waived by the appropriate state o, `'ederal ear lire., e �, r ._:ftitec _ 'a, .. pn G;uc d, e d a ,_t e ;n amen agerAo, ocal -,_rapt he. eer a go is lrchase t.eigineeieig tr F •tessional Sere ices . -roc aremee ne. .itter than tele 1. nth day, afte, g r mmen? . c Tura ien mini c.' p s, inc T g ;n -*roc t -ee c c- "itmen. hie .:reatee the :orb= hibt : , ertain c 'ntract provisions that provide that an engineer _e: ;abject ot :he :ontract must indemnify, hold harmless, or ague a ire labia Id; cettain damages; (12) provides that aft rn .:e ,raj entrt. and a purchasing cooperative may not be used iteeioral sere 11eSI t i 31 authorizes the enforcement of the Ac through an action for declaratory or injunctive relief filed he mite a contact is awarded; and (14) mandates that a local :rh all sta e lae,„s related to the design and construction of : n ee ign _a. 0 »- nstruction sen ices, that apply to the local =an, tth •cer,tin ereceptions. 3517 - Purchasing nt, c et: ;� 0 ue ae ee mne ar. -e pig echnoiog_ items. pad atsarnoee.. -on during using ; method -x er ; pan tivt,, he method of purchase that p'( ,0\ rig h. dc:_.._ ate _.., _.t ri ,es hated repr .. entat ano red:, h aropasa n de- rie he--7. ue H,B. 3560 - Purchasing tin, rill'. put nu part 0l bill e; acts _ ne. o 1,. ide that : :ocal verr.n;,er hat y inducts _ errifict; =ion latal- =a.,e cort)trii dent: ed ir. twmcipa I procurement process by: (1) authorizing a city redure r .he purchase of goods or services, including providing that the governing body of a city that is mpetitive - leafed bidding must determine before notice is des the best value for the city; (3) authorizing the dee;k n , method provides that best value to a ntig the t : consider specific criteria to determine he cit- elate -; pnrnariry to renaming and restructuring state agencies, subsection lei of Section 2161.061 of the Government Code hat certifies ht itorically underutilized businesses (HUBs) or make hvailable to the public an online, searchable , no bout H1_� S.B. 1765 - Purchasing would :ose from S25,000 to S50,000 the amount of expenditure that rigger, the competitive biddin <_ and :hi,torically underutilized business procedures, and would ixetrp advertis rg other than leg,i not es, from ti e competitive bidding requirement. Elections fLB 556 - Electronic Voting _Machines, as onginaiily filed, this bill exempted one special list_ c: from the requirement to !rave any handicap - accessible voting machines. The bill as )assed does that, but alp allows a cite except in joint election where a federal office appears >n The ballot). if the provides ,,,ace t,) the Texas secretary of state, to have: (1) no electronic ott ng machines the c v is hi ,1 une with a population of less than 2,000; (2) one electronic ot.ng machine -.n elects, -;n day if the population of the county is between 2,000 and 5,000, and ne . tt°: publisnc, the location ie voting machine in a newspaper of general circulation; (3) >ne ;.electronic v o ing machine available during early voting and on election day if the population f i e ;;ount: betwee 5..000 ,r;;d ,:(00, and he city publishes the location of the voting nacbine in a : e'.vspaper ,,f gene ai .,:trcuiation; and i41 one electronic voting machine during early ;oft:;.-_t and or ect on div if the p. ipulati ;,n of the =:ounty is between 10,000 and 20,000, the city nakes a showing that further n1nianc( could be an undue burden, the city deploys one mobile, Iecrronic voting machine to eact ear:- ).-oting location at least once during the early voting period. and the ,,ty publishes the locaton of the voting machine in a newspaper of general irc- .,iarton. Th s bid also I requires an early voting clerk to provide a reasonable tcc o mmodation cas: a ballot to ti roter with a disability who requests a reasonable ;ccommodanon ;, the ' s' day he ore - to date of the election; and (2) allows a city to show an inc1 e burden �, 0 tng appiicat•on 't;h the Texas secretary of state not later than the 90th day )efore the elec late ith prop :tat ecaon ,ins -s related to electronic voting machines reflect in •crease c:' t° _ st - ercer. 1-LB. 1446 - Elections his pr ides that +opted ballots shall be preserved for at least 60 lay, an ter the d t c of :.__ election ;and provides that on the 61st day after the election, the usrt?d_an of rep ,,ds niaA -equ re ,i erso,n .vho has possession of a key that operates the lock on a pa11 - -)ox containing oted rkr ri the keg to the custodian. unlock the ballot box, and ranite' the 'v.ttt'd ba ;t-: s irk then >ecure container for the remainder of the 22 -month ,reset ation per:c C H.B. 2823 - Early Voting iit, s person why. applied for and as supposed to file an early v.-se try marl nu. who .'id not, to east a provision t ballot on election day at the person's precinct. H.B. 3619 - Election Dates: -r i : :honzes any city to change the date of its general election to a :•ther uniform, eiecu ' , date ei,ge is made by December 31, 2008. S.H. 361 -- Lark Voting_ pe de that a member of the armed services may submit an aht?li- ration for r f edert postcarai lect :a by the 20th Q av before election day. S.B. 493 - Elections Administrators_ _,uthorizes the creation of a joint elections administrator to streamline the administration )f '_colons. Specifically, the bill: (1) creates the position of joint elections adramistrato- in a sing,_ county if the commissioners court and the governing body of or .t r more ,iti :per poi i•icai .t.bo- isuv^s located in that county separately adopt a written order creating the position, _ create e pt ::sition of iotnt elections administrator for multiple counties if comet ss:oners >urts : f ; v o or nore adjacent counties and, if applicable, the goveming body of one or °norr tther poi t cal totbdivisioris located in either county separately adopt a w tren order ereatinu he post : n. provides that a political subdivision may not adopt a wetter: order -treating 'ie po,iti; r >t ;runt elections administrator unless a county in which the p� .t :• al suhdr n.iotn a wholly , part.:- located adopts a written order creating the position; (4) rc.;ue-es participating riallitieti. elidivreons to create a joint elections commission consisting of rcirresenta.k laori _ par leer :_ttinv (ntities; provides that the joint elections commission apco nts the eiec: _.,)ns, adrn i : sera. er and sets the number of deputies and other persons that the ;.tint elections ain inistrator :nab :employ: ;6) provides that the employment of the joint eir. r ons adnunistrator •nay. Itve :craminated at any ime for good and sufficient cause; (7) provides that 'lie participating tir.tities sha' share the cost of the operating expenses of the administrator's ortice, subject °o cerai : restrict: tris, mandates that the point elections administrator perform the duties and tuncn,> is .ei the voter registrar with certain exceptions, and the duties and functions relating- to elections pl•...ed oil an officer of a participating entity formerly required to conduct eiec ons, ,u; .livtdes c °stair- riuties between the joint elections administrator and the o acers of a political isior and 10) provides that the secretary of state shall adopt rules the _ lassifti -hc duties ,nd fanct_ ms placed on the officers of the participating entities according tc tit ether they are •. per-term 1 h. toe joint elections administrator or by the officers. Open Government H.B. 1497 - Public Information Act: provides that a city that sends a written request for clarification or additional information to a requester may consider a public information request w irawn if: _ ' the request s the reque;tor's mailing address by certified mail; (2) the c_ e ncludes a noirtication n _'ie request that failure to respond to the city's request for c:.-it :caticr react: in the •:inoi equest being treated as - .vithdrawn; and (3) no response is re ter ed within •sr) cap H.B. 2061 - Disclosure of Social Securitv Numbers: provides that the social security number of a living person is raxcepted. pm disclosure under the Public Information Act,_but is not cr rf dentia; 'Vac lh r11 addresses attorney general opinion GA -519, which ce,-,c tided rein°: se ru eert,on's social security number is a crime.) H.B. 2248 - Public Information Act: provides that: ; ?) a governmental body may ask the Texas attorney general for another dec ,:ion eanceming the precise information that was at issue in a pr•,r decision in (al a quit chal1,ragiroz. the prior decision was timely filed against the attorney rere~e concetr.,;_ or has ;�,ta l eci _ e ,...s,. le eauest; arc tee :ha ierging a ,iee eca. W1thc31,1't E-LB. traa; ur at i,sut. the attorney general determines that the equest the :nfortnaron _n writing or has abandoned -artie itsnliss the ;awsuit: anc court may dismiss a suit the a r-:rtey general if ah parties :o the suit agree to the dismissal, and he :.0 'rne‘ ge`ierai determines :_.. represents tit our that the requestor has voluntarily ririnu et- has Jbandoned the request. vittejr ..wn t;_ i.ec in 2564 — Public Information eas:'n<]ble l ?ri tile _-none ;peed producing huhhL. ;rifer „a.; :oves to the requestor. r up a,pr -ec, • enng cests ±unbar: d tk :iat Jou for a reque ;, -.n ur rig the ee tmt ii-nit must provide he recue per Tee- ompej -m r :pit : e recites eq -'s. bubo, ;; for bubo, nailer. 1r nc ,d ng the t ;pen )reparing peg,. _ompl_ t g .4ilh - to requei istnbiished f?,: i`i, uses mental vrtaei estineet he t al eete u. vas quesT... .tats -vent, the arc •.rani r:,tital ioete. eqi ercd to prat _ iht .rubii iefere the 1i-nri aftet the 'are eghestor submits emeni e- 'oniin;ts to pa t le lesse• of the a. nc:edtng persi na i time, ,>r the .orsiuered ti =dare wet, he raw n the: on.m ;sting try pa, 'he e sts iii .ar; tat n e new spaers. t acted ff xcerited from t a limits if tnis lee Act; 1 •roe ides at ; 1 1 a governmental body may establish a r ,e it personnel t,t the governmental body are required to Fn tt,; inspecr_ie a or duplication by the requestor, providing tl� .•1th a request submitted 'n the name of a minor without persc-nne time. +2) such time limit may not be less than 36 t ..cal year: r a governmental body that establishes such a .'or ith: a written statement of the amount of personnel time and he cumulartve amount of time spent complying with t-n ran requester during the applicable 12 -month period, not °'le atement; -1i if the cumulative amount of personnel time fie- public information equals or exceeds the time limit LAN. le governmental body shall provide the requestor with a cfOre the 'ith day after the date on which the information meter, body needs additional time to prepare the written •;nay inform the requestor; 16) s governmental body is not errnaci,m in response to the requestor's request, unless on or at the overnmental body provided the written statement, the wreing to the governmental body in which the requestor euai :asts incurred in complying with the requestor's request, lmcuiit stated :n the written statement; (7) a requestor is -equet f the requester fails or refuses to submit the statement °a r ti :tie governmental body; and 8) radio stations, television elan. and pubi cly- funded legal services organizations are . -lath t . S43. 175 — Public Information A 1 ::extends the deadline for a requestor to make a lep isr pos' _ bond before a rt::,,ies! be col sidered withdrawn (current law provides that he ,ileadline s she daj r tint city notifies the requestor of the deposit or bond egii rement 'a hi.e this Hll pre ideas that the deadline is en business days after the required date); 2) ;provides that he attorney general's ottice is allowed 45 business days to issue a decision after he date the °ffite reee; es La request tie' a decision, with an extension period for the attorney Jtenerai's action et ten 'asiness dzee s; and (3; requires a city to release information to a person viti. a ;pecia 2-: of i ess rot Ir e .r to <1 the tend' business day after the receipt of a request for nfc rm ation S. 1306 — Open Meetings Act xcl cues from the definition of a "meeting" the gathering of a Auctuin of a governmental body ,a; t ceremonial event or press conference if formal action is not akt e rod inn' , r : ` l)I = c n ;- ;mess incidental to the ceremonial event or press on r e.r :.once. S. 1499 - Open Meetings Act pre—ides that he sudden relocation of a large number of - esidents from the area it: a declared disaster to a gc vernmental body's jurisdiction is considered a - -easonitbly untcreseeabie situation or a reasonable penod immediately following the relocation, Inc Thus wouli 1 a-; aernergene neisuant to the tw,e -hour posting requirement in the Open Meetings ir. adds; on. the a pro,. -'des that notice of an emergency meeting or supplemental :tea of in energer .. item .ic..ted 'he aizenda tc: address the emergency must be given to m,-rr aers -ews redia aot ter .,ar- one 'acn r berore the meeting. Other Bills 11.8. 1 - State Budget Parks fuhding as t-0!1oa. ; to al parks grant acc :nt ir.a eas total general fund revenue to the biennium to `5: nil Ion. and fc: eighteen specific Hcal park $ . o58 midair per Pit :Mum His it ne state hadger bill. Of interest to cities, local parks grant he allocation of sporting goods sales tax revenue to the from S5 1 million per year to $15.5 million per year; (2) )cal parks grant account will increase from $0.8 million for the S million of local parks grant funding will be "earmarked" yrt0k: i : (Total funding will increase from S11.3 million to 11.13. 11 Alcohol T alcohol and tobacco sales reports . uni�atr. _ rey enut - and Tobacco faxes: improves the state's procedures relating to the filing of .with the state comptroller, and is estimated to generate roughly :tate°.x ide m fiscal ti ear 2008 and $17 annually by fiscal year H.B. 730 Certificates of Obligation: extends from 14 to 30 days the required time period between the first newspaper noise of city's intention to issue certificates of obligation and the meeting date itt hien e fl. co moil authorizes their issuance. H.B. 1268 - Attorney's Fees: provider that a governmental contract for general construction, an improvement, a service a public aorks oroject, or a purchase of supplies, materials, or equipment m. y ❑ot prnt ide t`or the award oi .tttornev's fees to the governmental entity in a dispute unless the cont.,' act prov ides for tai- award tttornev's fees to each other party to the contract. 11.B. 1456 - Annual Financial Statement: extends from 120 days to 180 days the time period, following the last da■ of a fiscal -_rear, i-or a city to tile the annual financial statement for the fiscal yt.«r with the _i'} secr.3 dry H.B. 1560 - Liability expant.- the definition of recreation to include "paint ball use," and prox.ndes that a oity n-;_ast post a 7igt; 'ontaining specific language on any premises that a city o.� ns, operates.:_ Or maintains on sit rich _ertain recreational activities are conducted. H.B. 2365 - Postemployment Benefits /GASB 45: provides that: (1) a city's accounting and financial reporting sysram must 'e consistent with state law and may not misrepresent financial acto. sties; i _ pitv .tray folio,, the - ;tatuton. modified accrual basis" method of financial aL. :oanting: any generalh accepted accounting principles that require reporting of pe,stemployment benefits in any rnetho,„i other than "pay as you go" do not have to be used by or its poiincal subdivision and ,4) `other postemployment benefits" must be disclosed in a ..a 's annual tmarica statemet officers and auditors should carefully it is signed by the goNernor.t H.B. 2438 - Hotel Occupancy 1 axes: o- - +n or finance a transportation systen c _te- of the cif: a ent:on c_..ter '?e detailed manner laid out in the bill. (Note: fmance review this bill. It will take effect immediately when authorizes a -.aty to use hotel occupancy tax revenue to that transports tourists from hotels to the commercial (her hotels. or Tourist attractions in the city. This bill also arc =des that r -ansc& atir.r: ,. 1 ;tied 'nv ', 1e! . >ccuvancv tai revenue cannot be used to 3err lie genie- :ti - 'uhia. S,B. b53 — Mayoral acancv pr sides that a person serving on a municipal governing body in a general law s no because ; tha[ service_ it °ligible to be appointed to fill a vacancy in the rff o' it 11( )erss r: .,, ue 01, � t perion's own appointment. For a home rule tt, ,.s t. charter or Chapter 26 of the Local io �ramen , ,c:° on e es or ner. se S.B. 1086 -- Charter Amendments: -,)sides than i 1 the published notice of an election on a proposed home rule charter amendment must include an estimate of the anticipated fiscal impact o _e city i `` the aroposedl amendment approved- and 21 no person may seek a judicial remedy ro L , A ;rce the est 'mate the r. S,B. 1332 - -- Debt_ reu,ure s nrc p i investment advisor to: (1) be a registered dealer or ady iser under staid Or ::rdera law ' t lave rele' ant experience in providing financial advice relating to publiv secu a :es: t.) make e ertain written acknowledgements to the city being advised; ano follow etinain & ica, iaurd.riines set out m tie bill. MUNICIPAL COURTS E.Q.B. 485 — Bad Checks: provides that. with the approval of the court in which the offense is filed. a local law enforcement agency that executes a warrant against a person for a bad check offense may collect the restitution tor the had check. H.B. 530 — Municipal Court: °stablishes the right of a person who completes a drug court program to petition for an order c,: nondisclosure_ which the court shall grant if the person has not been previously s.or teed a telon . and is rot convicted of a felony before the second anniversary ,, t1_e competion of she drag court program. This bill also provides that a city may establish a drug i_iurr. program. proradeti that three or more cities may elect to establish a regional dn.r c ourt program. are estah.isi :5 gin specinc procedures to be followed within the drug ?rograrn s H.B. 1158 — Municipal Court Bonds: provides that a citation to an individual who is a surety on bond shall he served to either ;.he address on the bond or the individual's last known address, and provides :hat a citation to a Lefendant who posted a cash bond shall be served to either the address on the rig +: of tnr= bond or he Iasi known address of the defendant. H.B. 1267 — State Fee on Municipal Court Convictions: will impose a new $2 state court cost on each person . convicted of an cffense in a municipal court (other than an offense related to a pedestrian or larking a motor ie rhicleI to help pay for indigent defense representation. H.B. 1623 - Municipal Court, Red l.i2ht Photo Enforcement: changes the authority of municipal cur.- in the following ,var. (t) increases a municipal court's authority to dismiss cerrar_. types ises :voh eier license information. vehicle inspection, vehicle or boat registration. e r improperli. en yippee rehicie, tnd increases the administrative fees that the coed nay require for seeh dismissals: sand (2) changes the classification of the offense of driving wi='- ,n in- a r ,-ens, o is �_ i demean rr. unless the defendant has been previously c. retea .;; m ing th an nc nid l!cense, dn-ing -while intoxicated. or certain other offenses. it vnich ::ase ~ht; offense is a „i.) s E misdemeanor. In addition, the bill includes the following pr >v :sions, of S.B. 1119 (summarized n the -'Prblic Safety" section) regarding red light photo ennincement i limits a cm, or administrative penalty for a red light violation to S75, and a late pa rent peraIT y TO ( pre% : -tes fan a city shall send 50 percent of the revenue derived from c' i! or adrn instratise penalties ) the ;tare comptroller for deposit to the credit of the regional timaria acc.oun ereatta In 'he 1,1. aro shall deposit the remainder of the revenue in a special a. (ant it the .'v'- .:<asur•- us(t =,nlv to fund raffic satety programs; (3) allows a city to roar; an airs a nece-sar er .- costs of purchasing 01 leasing equipment, installing the m, operating the • .stern an ant '4) aurinenres the r �)mptrol h a: .edit ,, einv deters a;,- h:,rizec _,- r ed epos H.B. 2267 — Municipal Court: (: gives a rnar:ieipal judge the c pn rent of -)urn: cos_: in instal c -r costs '5 pert: -ming cc renu:remeni- n ± deten.tan! does main the general upkeep and functioning of the system: to impose a penalty against the city if the comptroller conducts i es na- the Ioti_al authority retained more than the amounts 1 ,unn required_ rn cases where deferred disposition has been ordered, this bill: i scret ion to allow a defendant to enter into an agreement for the risen.:,. or to require a defendant to discharge all or part of the ramu,ty service: and (2) provides procedures and notice <.or . u :nplete the installment plan or ordered service. S.B. 600 — Court Fet. Atli r<.i,e 1r n S4 to -) the municipal court fee for "support of the judiciary" (judges' sane des). Chi fee t be imposed nn any person convicted of a traffic offense ome- than a neciestnar, r parkin, iff ese. COMMLNITY AND ECONOMIC DEVELOPMENT H.B. 12 — Parks Funding: does the following: (1) removes the current $32 million cap on the use -rf proceeds from the sporting, goods sales tax: ( 2) credits 94 percent of all sporting goods sales tax revenue to the Texas Parks am Wildlife Department (Department) and the remaining six percent to the Texas + storical )mini, lion; (,) allocates the sales tax revenue that goes to the DL partmenr (and then .) loea p4 r ksi in a manner that could, subject to future appropriations (which are no sure thing), increase local parks funding; (4) of the sporting goods tax revenue going to local parks, ai:locates 6ti percent to the :.current local parks account and 40 percent to a new "Large County and Municipality Recreation and Parks Account" for the benefit of counties and ::ities over 500,O0( in populanon: ; ) permits the Department to consider local matches when making park grants: F; i provide . for the conduct of a parks study: and (7) if the parks study's rein nmendatrons are :adopted b a future legislarure, repeals the requirement that the legislature n ey - ippropnttc less rran the ful .:tatur(ny amount of sporting goods sales tax revenue to parks. H.B. 610 — Annexation: ame se-ti - be plan, which rust be pj ,g -am under ax- inch le anx ti-. lade a I's ices reu u..ie a contracr .or r7 . vision nt p F ises +t r..• lire respons{ a ::icnation l ta.. ,rr -c pre'.:ou a-> 1 3) ai1o' i ne rte :overn!n ns- =mate an i tiger ,n, a wnne-- 'ids annexation aw ,ay: r 11 providing that a city's annexation npleted in the time period provided by law, must include a pr ) : tde full municipal services in the annexed area, and must r-red n: law to lie provided under the plan; (2) allowing a city, srry ices in lieu of annexation, :0 annex an area for full or limited c. a )etition of the Hwner of the area if the area is in the city's in me city's annexation pian but was removed from the plan: iod; cff a cite �v.-ith a population of less than 1.6 million to agreement for he provision of services and the funding of the .er -kers rr, re:. t anr.e.,rt . renresertat:ves of the area appointed by the county : o he area inc.irded in ?he .:it‘ annexation plan; or (b) an owner of an are.. within tie fittraterutorai ,ii-risdic,loti of the ,mite if the area is not included in the city's annexationi.ar Ij.B. 1038 - Building Permits. wh require.t rear ter ,.art .e :or sari ctior rot s ,17;ecr ,} T P reg -1i :red v. it 1 Po es °:.!eitial con <t° -:_. rtiot n a nsoet °ions. a ,' 'Mier insoet:tor H.B. 1196 -- Economic '-ha .i :ity, economic de= require app ic,ir is for et to , rr.fy that the .ippli,_ ec 7ient tc t rtirt, an im ;iiLratior. -equro ago-el lent sa, itt roc ; ter - -if the oa -hint the ov, the e -nomie i the t_ . . ,n st hat acrt, -n \as Resitientiii Ac t _n less mf t t m teristratii an ,r,rorated ire and ll hair 'iorne or )(her r� not issue a building permit to a builder Construction Commission (TRCC) for the city has verified that the builder is .ri. [he hill also provides that, for most in other areas not subject to municipal improvement inspected by a third -party Development amends economic development statutes to: (1) provide elopmen -orptr =-ation. or )ther special purpose district or authority must anon •° es,ivelohinent grants and other economic development subsidies ant in t knovk i ngly employ undocumented workers; (2) require such a gran :: , u -;tdv it convicted of certain federal laws relating to a ca. economic development corporation to enter into a written en- c,,nomni, ievelopment subsidies specifying the rate and nter, i ;; t i ient T:elut ed to repay the subsidy; and (4) authorize ovelrpmt i col horation. and the Texas attorney general to bring suit to H.B. 1460 -- Manufactured Housing: :rrc vides rhar, notwithstanding any zoning or other law, in the ent that t manufactured i t±me occupies lot in a city, the owner may remove the rnanu:actured home from its location and place another manufactured home on the same property, orc. -raed that the replacement is never manufactured home and is at least as large in living spate as the prier manufactured home ,'he bill also provides that an owner's ability to replace he borne as a resuit u'.` s tire or na, rral disaster cannot he restricted, and, other than in the case of i Ere natural :asaste . a crtt h an o-dinance or charter may limit the ability of the owner to epiacr: the home io a ,t ->„le reply= _amen I.$. 1472 -- Annexation: appl.cs ti .and that is either: (1) eligible to be the subject of a deveiopment agreement ander subchapter G of Chapter 212 of the Local Government Code; or 2? appraised as agricultural. wildlife management, or timber land. The bill provides that: (1) a it may not annex an area described above unless: (a) the city offers to make a development agreement with the landt)wner than would guarantee the continuation of the extraterritorial status 7)f fl:e area and aerthonze the enfor_ .'meat of all regulations and planning authority of the city that o ,;,,, interfere .t -ith the use ot t,i:_° area !'or agriculture, wildlife management, or timber; and (b) the •andowner iiec. lines , make the agreement. t 2' an area adjacent or contiguous to an area that is the - ;ubjecr ot a deve:i pment agreement is considered adjacent or contiguous to the city; (3) a oroors;on o=- a ,it elopment agreeient bat restnc:s or otherwise limits the annexation of all or oar of the area t; oid ; the landot.vner riles any ,ipe of subdivision plat or related development lot anrtent for °l c area w rh a iner tal entity that has jurisdiction over the area, regardless of no-i the area iippralse,1 for act t alore =i., tax purposes. and (4) a development agreement under he `'t l i does -Hi re ate ostee, :-tun - 1%,,B 1495 -- Eminent Domain: nfcrn. propert, owner, of rheti rehts eci` -r "s the itt r a -'V stir °t T for the creation of a `landowner's bill of rights" to regarding eminent domain. Specifically, the bill: (1) mare a wr tten statement that includes a bill of rights for a r :penny th. :Lgh the use of t-,e ng_its must notify t f the owners property a bon pr perty, an as:- essmen ar hearing raid la goage designed tt av a: or la attorr ot ._ :ate entes r,ef IT,, s� a landcwret's -i pr -perty is hste d or le nroperr, Yes age ti k. -11 of right, i,as ntet er Gr,, se -e,. . per may be acquired by a governmental or private entity ntit,. , errinent __cmain author:,:: (2) provides that the landowner's bill of iroperty , caner .,r the right to a notice of the proposed acquisition of the a fide go, pit font effort to negotiate by the entity proposing to acquire the of damages to he owner that will result from the taking of the property. to appeal I >> requires the attorney general to write the statement in plain east-. _ti ceror r_,d by the average property owner and make the statement general.: Internet Web site: --t) requires, before the date a governmental aegot :at3 : :4 w t a proper x owner to acquire real property, that the entity of rght- tats °tent by first class mail to the person in whose name the - most re_ ent et :, roll of any appropriate taxing unit authorized by law to :nst the r:-,)per n and , -� requires a condemnation petition to certify that n seri H.B. 1551 -- Remedies for Nuisances provides that if a court determines that a condition of an it= _tractive order pan the abatemert of i nuisance_ is violated, the court may order the city to discontinue ntinue the fermi:Theta of .t 1 , sereces to the place at which the nuisance exists. H.B. 1742 - Lrban Land Banks: enacts a new statute that authorizes any city that was not pre v :7usly aut?a:orized :o adopt en a ban land hank program and that has never adopted a ho a stead lane, bank prow7ani. t , erii an urban land bank program that authorizes the officer charged with selling real properr .ordered sold pursuant to foreclosure of a tax lien to sell certain eligible real property ay prtvai, sale i:or the aurposes of affordable housing development. Spec :fically, the bill requires he governing body of a city that wishes to create an urban land batik to adopt 1 pia that iI Jude- a list of eligible community housing development organizations. a i,st of parcels of real property that may become eligible for sale to the land bank during the neat ear, rat e ciry `s I: an rot affordable housing development on the parcels, and the seer, es of r onev cinitlable rc the airy for affordable housing development; (2) imposes ct '-daions on tine subsequent rest e 0t troperty acquired by the land bank; (3) requires the land bank to impose restrrct.ons 00 the use :(nd occupancy of property sold to developers that ensure tin use of the prnpertl or affordable mousing purposes; (4) provides that the land bank is subject to ,r -en gosermnent I.: =.s; and pro.:des for a charitable tax exemption for property used for the a.iministrati; : purposes of tin land 'rank. H.$. 2006 -- Eminent Domain this bill makes various changes to eminent domain laws, including, among other things: ( defines a "public use" as one that allows the state, a political suhd; vision. or the general pubic to :possess. occupy, and enjoy the property, including the specifically enumerate( public projects in current law: (2) provides that a governmental entity may not take pry-ate property through the use of eminent domain if the taking: (a) confers a private benefit 41 a particular pia Mate party through the use of the property; (b) is for a public use that is merely a pretext 'o confer prim- ate benefit on a particular private party; (c) is for economic de= e':opment purposes anless the economic development is a secondary purpose resulting from m..ntcipal rom;nuniry levelopment sr municipal urban renewal activities, or (d) is not for a punk,: use as defined the oil. t ; i equires a record vote with specific wording to take each p .._- s_ of land through .:e use of nintl t domain, (4) requires an entity that wants to acquire real pr: :perty for a public . e to irak: a "-c•na fide offer" to acquire the property voluntarily, and to ce tine in the condemnation per:, on that the offer was made. (5) defines "bona fide offer" to inter-, one that nor arnitrar✓ or 4apric taus and is based on a reasonably thorough investigation onest assessment ,f the ant: ant ot the just compensation due to the landowner as a result of the taking: ,(t) provide- that a ,..curt tin ;ds that a :ondemnor failed to make a bona fide offer, the ca : - ;hall ,llaate in offer he made; +.- provides that if a court finds that a 2or>,..e7-.: nor ttea ittelee s . ' c ra. tht -,rIce a proper. x:, 'gut - • not ()huge(' , )ut rot under .. !tee, ,dn: subject he yet re the : or ring , 711 r ;Inc ; ., ed b . n rat s; or ,a role tai e e -era: itt d a c {„ :icq•itr g rca r elr ttton as rents. roe Ce or.:?e:;sate i. ;?en [nc`!ien:_ ter> rt.; proper :: iisera ed in - i:teetror .vitC -)rover -v owner -e_au' - base ne re demn.;ttoa pr=- idini th. e prope , adenined �e r stituttorc any .:o� rttrg m or c'1,, t. tno if ver (1°i; t. got r . iudi pr:rt)er,-., ne sari ; ). elaNna to ;an :,_or. 4) rctds . iro des that a ;krsor; V, Hose. prop« treets arroads :Or vic (,'A,Tler whose ampere, is taken ,tats comptroller s offic, to condo iota +r. autheree .,-•«.ch enrtte is ?,eacn :zs. - .;ondemrtor >naii pa: the property owner's costs and aes tie e _den . standard used :or determining market value to mean brr t hen orerect for sate by a person who desires to sell the property, he prope—y , to is 'oouaht by a person who desires to buy the property, y to - ul. •Tie property:- ; _: provides that the special commissioners shall idence- ,deuce on the market value of the property Lhange !Market value to the remaining property, -he property owner; IC) for individuals or entities eitx to provtdc a relocation advisory service that is ti# ,711 zc location vasistance Advisory Program; (11) requires a ner--L to pa°, ,,, :wing expenses and rental supplements, make :,are:_ assistance to acquire replacement housing, and ranstct ef the propery If an individual, a family, the ranching operation. or a nonprofit organization is t ruu etion: ( 12 modifies the current provisions that allow a ?ropery if it tsr:It used by the condemnor within ten years of the : epurchase price is the price paid to the condemnee at the tsion requires voter approval of H.J.R. 30, below, to liar 1,e right is tcticated if the condemnor fails to begin the cc; The ten -year period: (1.1) limits the authority of a water ,rat arc tad seder utility) to use eminent domain only Rio nt other things. comply with federal and state regulations ddir.ranal cour* costs in a condemnation proceeding; (15) _ry Taken by eminent domain for an easement may construct ov tr. the easement; (. 16) mandates remainder damages only to ,r a state highwe or county toll project; and (17) requires the a stud' of, among other things. which entities have eminent hei.id retain erninent domain authority. 1-11,B. 2091 -- Special Districts orated in the extraterritorial jurisd vrttter consent lTe. ordinance Pr re onf`le•tns or r t,a r rescre lion- ,, list const? t f a;: been appn.:f.i listee: may not riireasehabix -ere vitt- be eit' ■rovi.es that I i a special district may not add land that is ictioe ;ar a city i,niess the governing body of the city gives its soluil n. (2) in giving its consent, the city may not place any he expansion of he district other than the requirement that the lie land in Accordance with plans and specifications that r<< owner f land in the area proposed to be added to the =tter into a contract for water or sanitary sewer services Hsi. 2281 — Replatting enables a rte governing body of a city to delegate to one or more officers tr employees or he city the anthen to approve rninor plats or replats involving four or fewer ots treating 01 an extsrr g street .-i tcl not requiring he creation ofany new street or the extension f n<<_intcipal -ac t' es 1-1 B. 2542 — Office of Rural Community Affairs tORCA): this is a "sunset" bill that continues he _°x tense ot' r )RC-\ until 01 1tr'ong other things. the bill: (1) expands the size of the )R( A governir.g hoard and includes -‘ o elected or appointed city or county officials on the toard. 2) expands the agency powers lad duties :o better serve rural communities; (3) requires )Rt ,A and the I exas Department f Agriculture ! FDA) to work more closely together; and (4) equires OR( A. n ,:( T:sultatior. xit:i TDA. to streamline and simplify the Community )ea r =prnent F3 , _k errs;? (CDR( and grant award program )F.i.R. 30 - Eminent apnrr =ved by the voter - rest, propene acquired immediate a ee +'are r:~, he successor or as. fc `:ich teas tempera m pit toward t ;)u the teiblic .� Domain: pr tx ses an amendment to :he Texas Constitution which, if an Aove :r ;ber s 200-, -x:11 provide that a governmental entity may sell :rough err.nent ..omain =r, the person who owned the real property interest governn entail entity acquirer the property interest, or to the person's gns a_ t` ; pra.t. the emits pate at the time of acquisition if the public use vas Raja ed erough eminent domain :s canceled, no actual progress is rse ear:: a pi period of time. or the property is unnecessary for S.B. 350 - Abandoned Vehicles: pre: ides that. i 1 a "junked vehicle" means a vehicle that is self- propelled and, arnisag other i:rings does not have :awfully attached to it an unexpired license plate and a varid moan vehicle tspec - ion certitikate; and (2) a public hearing is required before the removal ot en abandoned °.eh t le that is a pubic nuisance only if the hearing is requested by a persta who receives n t.ce t :r uisarce. S.B. 351 - Junked Vehicles: car vide- that a city's notice of the abatement and removal of a junked vehicle must -e person ly delivered. sent ay certified mail with a five -day return re.; ested, ::r neinserec the lain 'ed Sestes Postal Ser ice with signature confirmation service. S.B. 352 - Substandard Buildings: pry vides tree a city's notice of all proceedings related to the et inrcement of an ordi:lance ins t u substandard buildings must be by personal delivery, by certified runt a nh -et ..n recetn ec u ited. or h y delivery by the United States Postal Service us_.aa signature aon in;,-rtior. ser. se, S.B. 883 - Impact Fees: provide that school district is not required to pay a municipal impact fee unless the district agrees r :. S.B. 940 - Library Districts: pi ovides that: t 1 ..a city that funds a majority of initial assets of a library district is the lead governmental entity of the district; (2) a district must hold an election or the adoption of a sales and ust tax_ ad valorem tax, or both, if these taxes are used to fund the district; (3) a Loamy ne y exc;udt from t district any city that already has a sales tax that exceeds or>u and one -half perceet; i4, a y th:: funds an accredited city library must consent before the ct°- ;lay be ireatdeci is the d1str! ai: i ; 51 a city may donate library assets to a district in which it iite city is loaned. $.B. 1440 - Rural Fire Departments- provides that the Office of Rural Community Affairs (ORCA) shall establish a program to work with interested persons to assist volunteer fire departments and ernerli;encl. ;era Ices Districts in rural areas. The bill also allows ORCA to establish a program ; as, st r :ra departments in rural areas with the recruitment and retention of eolunteer tirefightess, tilt provide to fire departments in rural areas information relating tc assistance ,aroma ams iffered to rural volunteer firefighters, including the federal Staffng for Adequate :=ire :and l mereency Response grant program to help fire departments ins rease staffint4 and aeplo'vtnen: capabilities; and i3; provide to rural homeowners information resteig tc the benefit' t of alui :eer '`re departments. including a reduction in homeowners' ins urance Dish ratings.: wer horn e )w i e s • insurance rates, and better fire protection. S.B. 1908 - Affordable Housing other things 1 i modifies tht administration end dish xrsement th i ., home rulr ,. its m :yv bnng a t of suhst r. t tills is an omnibus affordable housing bill that, among many Teats Department of Housing and Community Affairs' ,f federal housing funds provided to the state; and (2) provides action in district court against an owner of any property that is ;:nicipal ordinances regarding fire protection, structural me rr�,. zor: rL. s )sa, .se ". e bi;. a ,, c,-:.-:acts .i new statute that authorizes certain „stain sr ,tr, :;.n �.n• > 711 - ram. :art of the bill is the same as H.B. 1742 PERSONNEL +-I.B. b38— Retired Peace Officer, re.,1 ties a lay cntorcement agency that was the last entity to ml -o. an hon rahl _. !:red neat of i to Hsu, a detailed identification card to the retired 1244 — Texas :Municipal Retirement System (TMRS): will: (1) authorize the TMRS Board w rule 'irtiit increases it, member's average updated service compensation from year- :21-4 al (2) 1 drit.e ,try TMR6 k and ,•: rule to >et open or closed amortization periods not to xceec 25 years. ,nd 3 - he TM R Board h'.- rule to authonze a participating city to make tu7i r sum ..rr neni)di '7ip1e er . :: rnrrihat.ion to the city's accumulation fund. Ham. 1473 — Sovereign immunity pri: tades that certain firefighters and police officers may sue ei `or back , t?ia; in such s .H is. , itv's governmental immunity is waived, and that such ces rei c°.rep ex` U ,s a::( -. ance )pea' procedures before filing suit. F1J3. 1562 — Overtime tor Firefighters :provides that in a city with a population of more than 0,000 (1) a firefighter or a -Webber a fire department who provides emergency medical er'v ]ee . other :hi,t a tire t -hie! as: stant sire chief, an individual in an equivalent classification er ta.ed to ert me pa. m ,mher ,,r' a fire department who does not fight fires or provide mertYency rnecltL,r sert tees, athttr than i fire chief. assistant chief, or an individual in an tqur ident classttfcation_ and _; reauirect or permitted to work overtime is entitled to overtime ey. and (3) a f t tighter r membe t of a fire department, other than a fire chief, assistant chief, or to individual in .r,- equit alent jatasificatton. who s required or permitted to work overtime is ntit:ed to o.er'r-nz pat. for the . es -, `tours worked without regard to the number of hours ort:ec in an' in:.. tveek f the woN 1133. 1919 — Health Benefit Mandate. generalL requires health benefit plans to cover: (1) ertain therapies required for in related to treatment of an acquired brain injury; and (2) rreatrnent for an enrollee who is o =c1er than two years of age and younger than six years of age talhc . diagnosed with atctsm spec tt-t m .i : :Torder H.B. 2015 — Health Claims Information. provides that within 30 days of receiving a request troxr a governmental entity_ a health i- i ,urance i <.suer must provide a detailed report of the _overninental enr "'.'s c(a :ms information 11.J3. 2445 - Law Enforcement Personnel: provides the following: (1) expands the ircumstances under which a law enforcement agency is required to file a termination report with -ie Court soion Lam Er 'f,rcett ent Officer Standards and Education (TCLEOSE); (2) )nr_aiizes language t used ir he report; (3i requires the agency to submit the report to CI FOSE not later than he seventh business day after the date the peace officer separates from tine aggency or exhaust ,:i admiinis'ratixe appeals. 14) requires the agency to provide the peace fficer .Ir the oorfieer °s ne r of kin the report not later than the seventh business day after ie +feet sept _gyres c = the ie : cti ,,.- exhausts all administrative appeals; and (5) allows T' eitOSE saspenc he :en. -peace t cet. upon :he receipt of notification of certain tern nation st; ua? ion.; H.B. 2667 — Volunteer Police Force: requires a city :o insure or otherwise cover each volunteer police force member against any injure suffered in the course and scope of the volunteer's duties perferrrned at the request of the :•itv, a ad provides that the coverage can be insurance or self - insartnce obtained unri_ r an inter ocal t=treement. H.B. 3352 — Fire /Police Civil Service. would amend Chapter 143 of the Local Government Cede (fire/police civil service) 0 provide that relative to appeals, the term "arbitrator" is replaced with 'he terry. independent third party hearing examiner.' H.B. 3613 — Peace Officer Identification Cards: requires each law enforcement agency to issue detailed identification cards to its peace officers (full -time or part-time) and reserve officers. The bt :.iso alioy s the law enforcement agency to issue identification cards to its honorably retired officers (But see H.B. 638, aho; S.B. 1562 Animal Control and Shelters: provides that: (1) a person may not perform the duties of an animal control officer unless the person: (a) completes a basic animal control course of in least twelve hours not later dein I he first anniversary of the date the person assumes animal co .tio1 duties. ._,r (b) ceimplctes .:r: an:rr:al shelter personnel training course on or before June 30, 2()0s' and (c completes 30 hones of : ontinuing education during each successive three -year period: (2 ) the Department of Sate Health Services t Department) shall prescribe the standards and :urriculum for basic and continuing education animal control courses; (3) the Department shall offer at least two basic animal control courses and twelve hours of continuing education evor- calendar year if) -tach of the Department's regions; (4) the Department and any authorized animal control course sponsor r.ay charge reasonable fees to cover the cost of arranging and conducting .or animal control :ourse and of issuing a certificate for completion; (5) the Department shad maintain the training records and issue a certificate for each person sa°istactorily completing courses or the purpose of documenting and ensuring that the person is in drompliance with the requirements of the bill; (h) a city may require that an individual pay a fee foi course di ti ertifi. ate: el animal shelter shall comply with the animal control officer tr; n erg adopter under the bill. _ ) an < animal shelter shall employ a veterinarian at least once.a year to inspect the shelter. +,y) person may sue for injunctive relief to prevent or restrain a suhstantiai violation of the hill: d (10.) a person commits a felony of the second degree if the person kills a police dog or engaLt s in :conduct likely to kill the animal, injures a police dog in a manner that permanently and materially affects the ability of the dog to perform as a police dog, or engages in conduct likely to inure a police dog in a manner that permanently and materially affects the abilitl. of the dog perform is a police dog PUBLIC SAFETY H.B. 922 — Speeding Tickets: crohib;ts a citl: from using an automated photographic traffic enforcement system re ssue spec ling tickets. H.B. 1279 — \Iotorcvcles: pro :des :oat a traffic signal that is triggered by the presence of a vehicle and that is replaced instal ed. ,)s calibrated after the effective date of the bill must also be triggered by the presence of mote I B. 1355 -- Dangerous Dogs that a person commits an .offense if the person is the weer -.)f a dog and t'_te tierson with ..riminal negligence. fails to secure the dog, and the dog Hakes an unprok oked attack _n iinothe- person that occurs at a location other than the owner's ea..aropertA ( • or to:- the ow ntot s rn+:ror vehicle or boat) and that causes serious bodily injury )r = °nth to the er oe°son lo.a ;e,s the dr g is a dangerous dog and the dog makes an Inv-) ::eked ,a, z: E, �n _ .;the; 7e. -; t; occurs rt a location other than a secure enclosure in -vho the dog - a ed. :see: servo , bodily injury or death to the other person. t'hi "'1 also pr..0 ,de i it. er 'real property " includes property the person is entitled o p assess or (,(= cr r c : r rr- c r agreement: i 2) an offense under the bill is a felony of he ihnid degree riles line attack tset. aeath, in which case the offense is a felony of the second leg-Le (3) t �e °-sori fourdi u _rt: an offense under the bill, the court may order the dog lest' ed; (4., a _person t. no is _-uhaact prosecutit.n under the bill and under any other law may )e prosecuted i tder the rill, the otler ; ;� s . or both. (`) it is a defense to prosecution that a person s: a veterinarian_ peace er, u. animal shelter employee. or a city, county, or state mp a--ee who irai .r r- strai, .r ; tal tnd has terporary ownership, custody, or control of the log conr,e:ePon wok _hat Ns), :.,n to an employee of the Texas Department of Criminal usth t: or a la)) _gin •orcernent agen an.i trams or ases dogs for law enforcement or corrections iurooses and is taming it using t'3e do: in connection with the person's official capacity; (c) a tog l -atner or an eimpio,ee t t gtard Etog company and has temporary ownership, custody, or ion -o. of the ,'. , _ ,n nec ti) t ,lr thin positir>r or d) disabled and uses the dog to provide ssr dance, the t, is trained h• or::._ ;de assistance t 1 a person with a disability, and the person is isine the dog r) provide assistanec to :_unnection with the person's disability. Finally, the bill rroi. ides that: . ) IT is a . iefense to arosec:ution if the person attacked by the dog was at the time of he attack engage•; in criminal conduct: it is an affirmative defense to prosecution that, at the tmr' or the conduct charged. the person and the dog are participating in an organized search and rescue effort at the request of law enforcement. an organized dog show, or in a Lawful hunting .ett ai)- or a tanning or 7.�nch;ng i3) it is a defense to prosecution that, at the time of the onduct. charged_ The persons dog as , i i a leash and the person was in immediate control of the .log or the person as making immediate and reasonable attempts to gain control of the dog; and 4) =)ie bill does) .,,t err Libit ci; or otinty from adopting leash or registration requirements ;pp ;,:e.1 Ile to .- .io,-_ ti $. 1471 Mutual Aid: 'he- toilowin : (1) designates the mayor of a city as the - mergency management directoi OA- city: {1) provides that in the role of emergency management d.reetor, the manor is the -governor's designated agent" in the administration of the aovemor's homeland security duties; (1= permits the mayor to appoint an assistant, to be called -he "emergency management coordi.natot (4) authorizes "state fire protection agencies" to assist ie 'e >sas Ct:nnnossion n Fire P7 ittecrion to develop a statewide mutual aid program for fire -merigencies. (° author) zes : it 0 o'er mutual aid on its own authority or under the new tatewtde program. (F') _reate:; "ex:s Statewide Mutual Aid System (the "System "); (7) aro), ides that the a,overnt, 's di') is r of emergency management oversees the System; (8) divides rte state into 'disaster districts ) provides that a request to a city for mutual aid is considered K.' :made ande° he _: stem prcr ::des that the terms of a mutual aid agreement control he= requestee and a -.=quests• mutual aid are each a party to an existing agreement; (11) :,equ:re the :tires of a disaster .ire cr agree on procedures that specify the manner in which iutmai aid reytess ;viii r.e appro e::l I _ provides that if a city receives a request for mutual aid, le ,i.inef of the riepartment, with the consent of the mayor. may provide the aid; (13) provides gnat ,v hen a request for mutual aid is received, a city must "assess local resources" to determine vai .b:Itty <r' 'hest: rese,rtrce:_ C 7- !-sporid to the request: (14) provides that a local government - ma provide t srstani ; te- she k.tenr niecessar. 1 I requires that mutual aid response be pre ,ded .., ac.ordant :. t n.a 'operational con - ki, _h the requesting le, same ^vision.' ? -er respt the :espondtng ;,it's benefits as t pers. t=. e;! he state ,,a,., dire cm, and c s equesting heat tai r n: al aid. t.:\ Leot as atta :ht `gat :c -nai Incident :Management System (NIMS); ( 16) provides er lie personnel, equipment, and resources of a responding city is al goveretnent entity unless otherwise agreed; (17) provides that "direct finding personnei and equipment remains with the supervisory personnel of 8) pro\ c_es tin.. responding city personnel are entitled to wages and nne: lien: COI] ; nuousl• employed by the responding city; (19) provides 2t1v reques the :provision of mutual aid from any city participating in the osts .tsse aced z ith the request if a city responds; and (20) provides that a aid r: : io 1 r ; itv Is responsible for the costs of the city providing the hers .e et n i ie_i by an e: sting mutual aid agreement. H.B. 1522 Parking. o rieg evening hours sere The l t1~;provtce a e :icle that la narkee persons or ar(pertti pt :rf :man g work with parking of t m:mere :.: r _. est throng!' pets provide- ;ha . tatty may prohibit parking of commercial motor vehicles -ithin bditi icon and certain areas adjacent to the subdivision if it posts that the t-)11cea:ng are exempt from the prohibition: (1) a utility truck; (2) adjacent its . ,)rnmercia i establishment; (3) a vehicle that is transporting ,r its business. or (4) a Vehicle that is present because a business is ,n the st. division. Fina,iv. the bill provides that a city must prohibit motor ,alricie-s during 2.ventng hours if the citizens in a subdivision -In that th,• it' erohihit commercial vehicle parking on subdivision streets. H.B. 1766 - Theft of .vletal tt;_: yes t a state felony to steal wire or cable that consists of at knis fifty percent aluminum copper.. r bronze, and that has value of less than $20,000. H.B. 1767 - Punishment for Tampering: provides that a person commits a third degree felony if `) the person intentionally' iamages, destroys, or tampers with a traffic control device or signal, a railroad sign or signal. )r an item attached to such equipment (including aluminum, bronze, and copper wiring): and ') the .amount or loss to the property is less than $100,000. H.B. 1784 -- Burglar Alarms: perm is a city that adopts or proposes to adopt an ordinance pi, )N. that law enforcement personnel will not respond to certain burglar alarms to notify bare tar alarm permit ht -lders tha. he may contract with a security service for response to alarms. H.B. 1887 - Burglary of a Vehicle: - increases he penalty for burglary of a vehicle as follows: ( from a standard crass A misdemeanor to a c ass :\ misdemeanor with a minimum period of confinement of ix months If !tile defendant has been previously convicted of burglary of a vehicle; (2i to state ail felony f the defendant has been previously convicted of burglary of a vesicle two or more ,times; and 3) to include additional community supervision for a person. c.,a' 'cited (:af repeat offenses of b irglar. of a vehicle. H.B. 1915 - Fire Departments. requires the Texas Forest Service (TFS) to establish and maintain a fisting of ire departments, and requires each fire department to provide certain information to the IF -. including the `,ire departments name, physical and mailing address, the n :mher of firefighters and any ither ,ersonnel affiliated with the fire department whose duties o <ve responding t an emergency situation, and an itemized listing of all firefighting ee.unment uses: by the ire depar :neat for fire pry •tection purposes H.B. 2118 - Fire and Burglar Alarms: provides that: (1) a city is prohibited from requiring a registered. burglar- alarn- monito:-ing firm to maintain a business location or residency within the c -n order io hu -iness in fine t :t.,t: (2) a city may by ordinance require a burglar- alarm- n i'nioring ti-r :o ca,: a proper-- bet, -ire notif.Eig the city of a tire alarm signal received from tf ' roper-- -i Tined ex,: -a pin n a political subdivision mati not offer alarm system sales. ser . in nisi a : tn. boundaries 1 he bon alai device deviL & J ir number of taise :"..re a rnL ave worxang sm po ki1suh1 ,-t i fl reqn r. bui:d,tig code a- t. ren ises th& u pur-cri,,ser v 'ec,;;;::- the -el tri me: and t8i i-the 7-,teKas interest relanriv. MB. 2151 -- (;raffiti: uventie) con, naise estitunok the i-equir h erso !hit 'ic rn, niter n-hess: bre viaing monitoring services within the sion o of September : ; 999: (41 any fire detection or fire , e accompanied information :hat will aid in reducing the rms. Itacti aie-familv or Iwo-family dwelling constructed in Texas e detect, in ins :ailed in acordance with the building code in effect in the r el is located. nicluding performance, location, and power or ci\velling does not comply with the '1 the ,,it)(11VH101 an home improvement to the dwelling that 1-11111,1 ge the Installation of smoke detectors; (7) a • Ai : the sale ,f •ne-family- or two-family dwelling may .111 amok deten., ors Icir hearing-impaired persons if certain criteria are ;epartmer, of I surance shall prepare and distribute information of public net ti nom,:' and the J ingers of carbon monoxide. lows a .iri n require a person ior the person's parent, if the person is a niacin2 ii rfit a cur- s traffic signs or other public property to: (1) ny in 0 now sufficien, to repair or replace the traffic or public sign; with the it\ nsent, 1 t clean up the markings on the public property R.B. 2210 F amity ioknce Reports pro\ ioes that upon the request of a victim of family (assatiln aRgrinnated ass Lilt. sexual assiiult„ aggravated sexual assault, or terroristic nreat a lair eri.t.ernent agetic na :provide tn the \ ictim, at no cost, a copy of the written -eport -equirec b the ;de ot Criiiiinai Procedure 14B. 3315 — Volunteer Fire Department Assistance Fund: increases from $15 million to $30 mil'ion the annual asses .ment imposed by the state comptroller on certain insurance companies -or by the iuntee-i ire Depa—men Assistance Fund Sj3. 11 — Homeland Security: th is 3 :Junprehensive homeland security bill. The first part of he HP relates ic mutual aid, and :hose provisions are identical to the provisions of H.B. 1471, yhich is described ano\ t, ; try-related provisions of the bill do the following: (1) -..mto:cide that the :;udcier relocatior of 1 :arge number of residents from the area of a declared AiSaste.t. to a Clt reasonably- unforeseeable situation for a reasonable period mmediately following iinie reiocat on, and thus would be an "emergency" pursuant to the two- lour posting reqciremen, in the Oben Meetings Act, provided that members of the news media are notified noi 'later than one hour before the meeting; (2) make deliberation of a "security audit" rouncis for J Cioed meeting , exe; utive •ession): (1) clarify that emergency vehicles are exempt rorn paying tolls an Texas iollways eard1es s ,11 the circumstances; (4) define a utility as critical infrastructure" r purpos< s of homeland security laws; (5) provide that utilities with the power of eminent domain have limited. disclosure duties to the owners of property being :.,ondemned; i nrovide :,hat members urban search and rescue teams are entitled to a paid eave fabsenLe irom work when engaged in training or duties; (7) allow a mayor's declaration of local disaster n: Include firework -: restrictions, (8 require that each appointed public officer whose position description. job duties, or assignment includes emergency management responsibilities, or who plays a role in emergency preparedness, response, or recovery, to complete a three-hour emergency management training course not later than 180 days after assuming office: and (9, orovide that the Training described above is to be developed or approved ny the Governor s ijivision of Faitier,,.4enc Vlanagement and shall be available on videotape or a 1-unctionally ;11-1-1:1:11 rnedrim at t:o S.B. 74 ---i Confidential Information. this aril does the following: (1) creates an address confidentiality' program, administered v the Texas attorney general, to protect the identity or v � tuns of family vioie.nce: (2) a:quires a city to accept a substitute post office box address that is designated by the attor-:ey generic if it is presented to the city by a participant in the program; (3) pi.)v des that the attorney genera by foie may permit a city to require a participant in the program t(- )r.,ivide the participant's true ,address it it is necessary for the city to perform a duty or function Oat s imposed by far- ar adrnintsi ram requiren ent, 4) requires the attorney general to disclose a :rayticipant., true iaieress ues ii by a la), enforcement agency; (5) requires a person to w .ci a a panic pant's ue addre >> is disclosed to maintain the requested information in a manner tl._t _.crotects le ccnf ientiahty .if the participai.t's t~ue address: (6) allows a victim of family v . lance t ? :se a p,eudonvrr- o be used instead of the victim's name and to designate the pseudonym all pcHic tiles and records, including police reports and reports of judicial priieeedings, 7 prnv ties that a :ivy enforcement agency that receives a pseudonym form from a victim must remove the victim tame and substitute :he pseudonym for the name on all reports, f. ies, and records in taci agency: s possession, notify (he attorney general of the pseudonym and that °he victim has eie.ered to he :designated by a pseudonym, and maintain the form in a manner that protects the con?idennalit. of the information contained in the form; (8) prohibits a law et"d- cement agency in esngatine an offense fron- requiring a victim who completes and returns a pseudonym 'ortn tc d, -close the tcnrt's true name, address, or telephone number in connection .h the itavv ,t- _ativrr prosee==iion O the offense; 9) provides that a completed and returned pseudonym ',Ore e is :std may not be disclosed to anv person, other than a defendant in tha ease or the defendertt's ,tttor fey. crept by court. ,order: ( 10) provides that a public employee w ��o ianowingk release any ider t ifyrina information of a victim younger than 17 years of age or a victim 17 year of age or older no n3s chosen pseudonym commits an offense; (11) provides that . city is riot required to use a pseudonym in a report, file, or record that is not intended for distribution to he public and wt not be released as the result of an open records request; (12) provides that each onumal and i.upplemental list of registered voters must, among other things. c +rat. in the voter's name, resideace address, or substitute post office box address if a voter is participating in the address eonlidentiaiity program; and (13) modifies the procedures for early voting by mail To allo k a voter a ho is participating m the address confidentiality program to vote it hat manner. S.B. 1119 -- Red Light Photo Enforcement: lays out the procedures under which a city must implement a photographic traffic enforcement system as follows: (1) allows a city to implement a system by installing cameras at traffic lights in the city,; (2) allows a city to contract with a private contractor for the adrrtnistratio,t and enforcement of the system. so long as the contractor's pacntent is no( bases an a specified percentage or dollar amount of the citations issued; (3) provides that. before installing a system at an intersection, a city shall conduct a traffic engineering study of the intersection approach to determine whether, in addition to or as an alternative to the system, a desier change to the approach or a change in the signalization of the intersection is likely to reduce the number of red light violations at the intersection; (4) requires a cite- .0 repon results or that traffie engineering study to a citizen advisory committee consisting of one person appointed by each tilember of the governing body: (5) provides that the citizen committee shat; advise the ctn al the installation and operation of the system; (6) requires the city o instal+ signs along each re adwae that leads to an intersection at which a system is in active use, and pro -races criteaia for th, signs: ) provides that a city or the city's contractor may not pry nv:de information about a violation to a credit bureau; (8) requires that an intersection approach most be selected base.l on specific . :rteria; (9) provides that before installing a system at an intersection, the pit} shall compr;a- a w ntten repon: of the number and type of traffic accidents that , e accurrec it the intersection or a period of at least 18 months before the date of the report, S, submit eta reoce to the as - repartment of Transportation (TxDOT), and must continue o Heintor er)rr x1_;( 1 s as A n sde =_rteanot or a per - tg � Tolations: 1 .imtts a The ty stem to anc i late pa. per er; of the e\enue .Nerivec fro; lel,r_;;, to the _edit si the .,,,-- en ., .der ct the revenue ir. spe; safe! .)rogrant )r _ :nag eiinion.'n stain apise'et= and tur„e f the . . vr, :;_ ceivec :. , ; mina; chat ,,n is .;t. ,n mailers a the -caner -t Lf ;prescribes rt_andatc,t admires t el ,..r, to appeai ctti aenalt, •3 i;i._h a onotegraphi tratf-k r,.. steads ye11e, gttal ni,ist hi esi• Frai Conic 1 1 ie \-ic es 1 `s pro uric s pay tile fienalt hat ,7ersi :ehe le that t1 :1 t is aelin )r , tOT =r<< use regi •e' fier audit, ,r zee legis at, e et ;tn eness .;; ;ne system; r 1)) provides for the creation of :n .,‘ .�_ uses _, :,:stein fora purpose other than to enforce red r acrninistrate, e penalty for a red light violation detected by men: aenalty to 525. (21 provides that a city shall send 50 11 Or administrative penalties to the state comptroller for ,al ima ace() aft seated by the bill, and shall deposit the arn to I, Cif`-'; treasury to be used only to fund traffic 1 an ant un; necessary to ewer the costs of purchasing u. operating the system, and maintaining the general i prohibits the imposition of a civil penalty on a driver em. . eime conduct:: 1 5) specifies the contents of a notice of et, r - ehic le t tat is photographed while running a red light; -ate f nearing procedures and authorizes the owner of a motor he 'i s muntc pal court: t 17) provides that at an intersection a toieng system is in use. the minimum change interval for a tbhst ec in accordance with the Texas Manual on Uniform ides it if the ner of a ve;<licle that ran a red light fails to not be arrested; (191 provides that if the owner of a iuen- an paying the civil fine, the county tax assessor - collector to 1, r,1 r vehic e; and (20) provides that the imposition of a u r, - ;, uon for any purpose. S.B 1154 — Metal Theft/Recycling ti-hH is a lengthy bill that expands current state regulation of metal- recycling entities, and allow s a ea) :o adopt limited permitting requirements and standards or such businesses. Specifically the ill (i defines "regulated metal" to include manhole oyersr guardrails; stree signs drain .rates. comntunication, transmission, and service wire or ,ab'ree and utility structures, including the fixtures and hardware; (2) provides that the Texas Department ot Public Safety Departmen') shall establish a statewide electronic reporting system o tack the sale, regulated meta reported to the Department; (3) prohibits a person from acting is a °metal - recycling ent. ty or representing to the public that the person is a metal - recycling entity :mess the perst r is registered .viti the .tate; (4) provides that a person wishing to sell materials o ,ecycling '.c pre tick_ do(.: .amentation of the person's ownership or right to sell the nat:reil, and the iaciiit4 nust tnaletair records of that documentation, (5) mandates that a metal - ling entity permit t; )eacc ,iffe,er state ro inspect certain records and materials during he :entity's usual nusines . hour: attd (F, provides that a person commits an offense if the person rto.x tt gly bu} s stolen regulates neiteria With regard to local regulation, the bill: (1) authorizes c to adopt a rule.: -rdinance- :.irdet _ or standards that are more stringent than but do not onilicr with .stare .aws •,.. rules go- emirs metal recycling; (2) authorizes a city to issue a license or pen-nit to 1 business allow the busaness to act as a metal - recycling entity in the city-, and uthor:zes the eit,. ei impose a tee =ot to exceed 52=o( for the issuance or renewal of the license or elernet (3) prohibits .t Lary from rr:;.treasrng the local license or permit fee imposed on a metal- :my cling facility :a: an anouni rha: exceeds 25 percent of the fee charged by the city on January 11 (4, requires a it that Issues a license or permit to a business to submit to the )eparttnent intonation rn each 'rustne•;> that is issued a license or permit; (5) provides that a sty ,,,y not ,r er.ase local license o, Hermit fee imposed on a metal - recycling facility unless he ncrease is approved tfy the ;oc-tl governing body, and that the increase must be based on the ost r associated v;, iih iav'v enforcement and administration of the licensing or permitting program; 5) mandates 'hat the tsty submt; a report to the Department on the law enforcement and idtronistrative :,...o-sts associated at the fee increase: and (7) authorizes a city to establish the eoutt during w-hich a Inettil-recyclir o entity may purchase regulated material_ UTILITIES. TRANSPORTATION, AND ENVIRONMENT 11.8. 3 - Water Resources Management: modifies current law relating to environmental flows and he Edwards Aquifer Author ty. Specifically., the hill: Authorives t Term (` emergency. ni:Ke avaiia that asi.1e to Tree; and :st user: Makes egisia:: re tindin affected bay, and estu. suspension necessar. emergencies: in rhos should establis --r an envy for approprian: <n; aside for instream flow the environmental Lion apprt l lies ni h public reconmendani ns tot see be develope(l through representation ;f stakeh, the tate: and : 1 the toe evaluation and improver rm: -inn on E r. ironmental Quality (TCEQ) to, in case of an e temporarily for other essential beneficial uses any state water ae cells for freshwater inflows to affected bays and estuaries tha ;a) all permit conditions relating to freshwater inflows to tes ind instretim flow needs must be subject to temporary or ater to r e applied to essential, beneficial uses during basins in which water is available for appropriation, the TCEQ -onmental set -aside below which water should not be available hose 'basins in ,which the unappropriated water that will be set ad freshwater inflow protection is not sufficient to fully satisfy star :dards established by the TCEQ, a variety of market , id p :vote, for tilling the gap must be explored and pursued; (d) ac to protect instream flows and freshwater inflows should a e nasensus- based regional approach involving balanced ders ind that such a process should be encouraged throughout aoJiiable to address freshwater inflow needs in the state need ent. Creates the i=.nvironmeni:al Flows Adv son./ Group, which shall: (a) conduct public hearings and >tudy pubic policy implications in order to address the ways in which ecological systems wili be helped by the new environmental flows processes, (b) recommend appropnate ,nethods to encourage voluntary dedication of existing water rights ni temporary or permanent use as environmental flows; and (c) define the geographical extent of T.ich ever basin and bay system in the state for purposes of emironmentai :low regime planning. The bill also provides that the advisory group shall issue a summa iv report eh its a. tivities and findings every two years, starting no later than December t08 Creates the 1 exas f;nvuonmental Flow; Science Advisory Committee to serve as an objective scientific boll to advise and make recommendations to the Environmental Flows \dvisor. Group. lid te provide overall direction and methodologies for studies of environmentai flows for the advisory group and programs at the TCEQ, the Texas Water Development board, an -:he Texas Parks and Wildlife Department. Directs the En ~.ironmental s Advisory Group to create stakeholder committees of at leas. suventeer member: including city representatives. Under the bill, each basin or bay area in the stale will ha,e a separate stakeholder committee. The bill provides that the stakeholder go !up for eas:n system then appoints a basin and bay science team to develop environmental flow ana Arses and a recommended environmental flow regime for the system and that this recommended regime shall be submitted to the pertinent basin and bay area stakeholder ei =nmiitee, the Environmental Flows Advisory Group, and the T( F( Directs . aci it and a taneholder group to develop recommendations regarding emu-r mental >w t andi:rds strategies to -meet those standards for the basin and bay sysr-et a vi i alt ):rose : ;r -yiendation :c '.lie advisory group and the TCEQ. Reou re: water me,i,de ro amenrctr ;- ate Protr;b :ice ae I. perrrirtr Stc Directs o-ic IC l- and bass stem while oiking nu: Allows „ate beneti uses O appropr:-ation of water or an amendment to an existing Bunt ,at .pater to be stored, taken, or diverted shall ('EQ c, adjust the conditions included in the permit or for the protection or: instream flows or freshwater surr;u any n ■ permits for instream flows under the existing to adop appropriate env ironmental flow standards for each river basin a the star that are adequate to support a sound ecological environment, .;an needs and sdaer public interests into account. er sc, as-Lie fo: environmental flows to be available for other essential certain c 'rergericies. Crexcs s W;��� aasrt basins r ��hich watermr ;sere t,ornmitt..e tc:, each river basin or segment of a river er 1.a- been appointed by the ICEQ. Makes o2rifica changes : , Cat ELB. 4 — Water Conservation. this connections rc submit the stat.s a ,t ark, ing OUT the plan Ch,, bi alsc; _ion ier; atior, k it am the sits. to < - arm urisdiction, and i -:t directs the i exas ,tate�_t�dewater a -inser%a:: ion 'e ar.ness= - ;nabling legislation of the Edwards Aquifer Authority. bill requires each water utility with 3,300 or more ater conservation plan and a report on its progress in authorizes each home rule city to regulate water ung the coy 's customers in the city's extraterritorial Water Development Board to create and implement a grogram. 1-1.413. 1251 — Solid Waste Collection: or°vides that (?) nothing limits the authority of a city to nfor:r its grain o a fr:r- ?chit Or ,ontract for solid waste collection and transportation services vttr . is teal t r e go,ernaog body, of a ciR may provide that a franchise it grants or a .ontract it enters into Co; solid ware c. ltection and transportation services supersedes inside of he tt' s boundaries any )then franchise granted or contract; (3) a political subdivision, including county or a cit4, mar not restrict the -rght of an entity to contract with a licensed waste hauler Or the collection and reuaova, i lomestie septage or of grease trap waste, grit trap waste, lint rap Naste, nr iard trap aste anc 4) a :2.ts° may riot enforce its solid waste franchise against a Sri• -ate entity. ontria is pro ,de rrmporary s slid -vaste disposal services to a construction )roe C` ice. 1656 — Irrigation Systems: foes the following: i ) requires any city with a population of 20,000 or more to require an installer of art irrigation system to be licensed under the Occupations Codc and to obtain a peat tit before installing an irrigation system in the city or its extraterritorial urisdiction; (2) requires he city tea regulate the design. installation, and operation of irrigation ystems in accordance with Sectior. 190,053 of the Occupations Code and any rules adopted by ne :'eras Commission or ErRironiaenta . Quality, t) allows the city to employ or contract with a cer; >et plurnht�;r ?nspe or , . _r ! irrigation Inspector to enforce the regulations; and (4) ar.ii ,s the c ; :. rec. er ot .tdministermg ::he regulatory program by placing a fee on it rgation systern inst,.i.ers )'- t.a.ntron or renewing an irrigation permit. H.B. 2094 - Tow Trucks: this :; an _.,rrmibus ball that enacts the "Texas Towing Act." Among mane other things. the Act imposes numerous requirements on tow truck operators, and: (1) pt,,y ides that tie "I exa Denartr ent et. Transportation (TxDOT) shall study the fees charged by 1t, _t ;eiperrri older- for eons Hnset ; ows. c, mpliance of license/permit holders with local t eirtations gcr,erninu Jwtng art,' consume! complaints related to fees for nonconsent tows, at id shall report to the tegisiattior the findings o' the study, including any recommendations for s°r:te regulation of tow tag fees: _ "! establishes licensing requirements for tow truck operators and v eht:tle storage facilates. t 3) t, siablisties state -level permitting requirements for nonconsent. consent, anc re,ate aoperra ; tes: 4: provides that a tow truck may not be used for consent te vie; or nonconsent t)winu or. public roadway in this state unless an appropriate state permit hiet Teen ;ss xerl or the tors :rue ; ; provides that a license /permit holder may not charge a fee nonconsent tow .hat Li greater Lan the fee listed in the annually- required schedule most receh<tly submitted to xDt) If le establishes penalties for violations of the bill's provisions; (7) creates a towing and storage ad son: loard to advise TxDOT on towing - related issues; and (8 ) rc titres the Texas T rnsportat, n Commission to adopt rules for permitting tow trucks and E. :e sing 'owing ng_. opf ratore en: ten inn companies, including standards of conduct for h�ct wipertri "n >iders :ono Ion p came :t :On. and drnu- testis . 11.B. 2591 - Subdivision Roads pro . Ides that ; 1) a county and city must come to an agreement before a count may improve a r?ad \k ithin a subdivision if the road is inside the city's limits; (2 ) a iotinty must have a wounty purpose before improving a subdivision road within a city; and (3) the arty and county shall decide in 'nether a road that is inside the city's limits and is improved by a c�tarty will he maintained by the .tount.T as a county road or by the city as a city road. H.B. 3693 - Energy Conservation: rakes changes to various energy conservation statutes. Of interest to cities. the bill provider that Each poiiticai ;ubdtvisuot: shalt establish the goal of reducing electric consumption by five percent ea, h state ti cal year for six years, beginning on September 1, 2007. Notwit;rstandtng any otter law (a) a governmental entity responsible for payments for electric, i.vatet or natural gas utility services shall record in an electronic repository the governmental - °ntity metered amount 01 electricity, water, or natural gas consumed for which t is responsible tc- pay and the aggregate costs for those utility services; and (b) the governmental ,=ntity sh.il report the recorded information on a publicly accessible Interne Web ?te vvtth tit interlace designed for ease of navigation if available, or at another public; ; access i le location. If the State Energy >nsern ation Office (SECO) determines, based on written recommendations from : he Energy Systems Laboratory at Texas A &M University, that the energy efficiency provisions of the latest published editions of the International Residential Cede oi ti-_ international Energy Conservation Code for residential or commercial en. rgy effic enc■t and air quality are equivalent to or more stringent than the provisions of previous editions. SECO by rule may adopt and substitute in the energy code he equi ::; lent or mt --re stringent editions If SEA_'( adopt the latest published editions of the [ nternational Residential Code or the Interna Tonal _ nerg y ;sery anon Code into the energy code, it shall establish an effecr, a- tiara it ,11e r;eiti that rarliter than nane months after the date of adopt ru hafl estghlisti procedure for allowing an opportunity for persons, including :Ir, otticials. who ha. e an interest in the adoption of energy efficiency codes to corninen , ,n , de coTi-ered r adoptior. Witt-, regard to , ich marl ;Tali.- owned erztethe utility that had retail sales of more than 500.110() trigiotiw:ait hours 200 (a) the i 1itv shall administer energy savings incentive programs ..istonters of the utility v011 have a choice of and access to energy efficene iltero t hal a1lo customers to reduce energy consumption, peak demand, ,aosti, and ie r,ittv will provide incentives for additional cost-effective energt, trTfleier, A manic vned utiHv slaul tai consider net metering service as provided by the federa fun1t. ilnv Re.tillatoitt Policies Act of 1978 after proceedings conducted in accordan .a. wit:, that and report he conclusions to SECO and include in that report 717:)r-r-rtat n regarding metering electricity generated by solar panels on public schoi i ding iciftoott Fat it re atustotot: in so s state ale' to ensure the continuation of cost-effective energy gificienc:, merah.ures and ileliver=, systems, an electric utility or transmission and distribution utiitrit must report Lit and obtain approval of the Public Utility Commission before rising ,..:ertair, transactions or mergers, with certain limited exceptions. The inuricipal!Dtverning tiody a body vested with the power to manage and operate a municipati-s- °wiled utility as eNciusive jurisdiction to determine the extent to which the utili -rifters energy efficiencA programs and how the programs are administered by the After a municipally ownee utilitt„ adopts customer choice by decision of the governing the Publit Utilip, Commission shall provide oversight and adopt rules and procedures. as ric,:essari.i. i,) ensure that the utility can achieve energy efficiency goals in a TrtarkcT-meutr nondiscriminatory manner, including existing energy efficiency programs airead% adopted the utility. S. . 3 — Water Resources Development and Conservation: this 159-page bill is the Eightieth Session's omnibus water bill Among many other things. the bill: Incorporaes ent, Ironmenits flew titiovisiolis which are identical to those in H.B. 3, sumir,ar zed aloe, Exempt:, private ;astitution, of higher education from paying municipal storm water fees. (Current l iv. exempts puh1 institutions of higher education.) Requires each Loa ; ity that pi ()vides potable water service for 3,300 or more connections to submit to the stale a water t onservation plan with specific targets and goals. Allows -tome rule catt to ,adopt and enforce ordinances requiring water conservation in the city araa't by customers f the ity's municipally-owned water and sewer utility in the FiTl Requer s a tie seekng o tetiend its certificate of convenience and necessity (CCN) be:tenc he ear `s extraterritorial jurisdiction ( ETJ) to comply with the same standards and requirements as a new C(I\ application, and provides that the TCEQ may, in some cases_ =iecertiff an area tutside the city's ET,J if the city does not provide service on or beier- -he fifth anniverse: y or ire date that the CCN was granted for the area. Dee.~f.a? givei erite 5u aerie ('(.`` proceed. acres the size of a tract of and for which notice must be Creates the VL a ter (once ti-at Advisory Council. which is directed to monitor water conservation :,,chnoiog: s. education, end implementation across the state; provide biennia, reports to the governor; and conduct a study to evaluate the desirability of ere-aerie a cern ication ry � cess or water conservation training facilities. Allows a retail public ur lty providing water service to contract with a retail public utility pr >v iding sew c r service z = bill and collect the sewer service provider's fees and payments as parr_ of a c :nsolidatta: process with :he billing and collection of the water service prov idea s tees- and pa> menu_ including_ the power to cut off water services for non- pee. meet of a ;ewer ice _nt, a areas served by both providers' CCNs. Req , _< the :xas De. - eopment Board (TWDB), when considering applications for infra tructure ',_nds and other state water development and conservation funds, to gi . -e prionj < to water supply projects and entities that have already demonstrated sign leant w.r er conservation savings ar will achieve significant water conservation sax inge by implementing he proposed proiect O. Allows a city t,, take all recess :my and reasonable actions and adopt certain measures that are not less stringent than the requirements of the National Flood Insurance Program. including the provision penalties for landowners who violate the state laws or rules implementing he National Flood Insurance Act. 1. Modifies current law re iing Lo the acquisition and construction of reservoirs, including among other things: {a establishing the right of a former owner of agricultural land whose propertt has beer- acquired for ;t reservoir site to lease the property from the person -.vho 43L iuired n :nder terms that allow the former owner to continue to use the proper=- for agricultural -purpo yes until the new owner determines that such use must be terminated le allow for he construction of the reservoir: (b) requiring that a person proposing to instruct resetr_oir on a site :hat has been designated as unique for the construction a reser ar order the state water plan. and who is required to mitigate future :adverse environmental effects arising from the construction of the reservoir shall, if authorized_ attempt te tnitigate those effects by offering to contract with an owner of real property ocated o aiside the reservoir site to maintain the property through an easement instead of acquiring ate fee simple title to the property for that purpose (this offer rely be rejected -%y the landowner, at which point the party constructing the reseeveir may obtain fee title r;, the land, including by eminent domain); and (c) defining w' a- .ions :tiered ~ , a . c signatecl site if unique value for the construction of a reser 2. Create gas :afive emi :nteren committee ora state water funding. S.B. . 92 — 1011 Roads mod: ri e. roa :.s Among .pan.: ,ther Thin combrenensi‘e ceve;oprzent agree agreement pre ' ide express param; Transportation DO- upon the le, pmen r g eerr.er enter d €x ,r , a ;zl aft= i f �f 1pnk prcey. or ccl:ct arc i∎h: the -.rate ae ) cedures anci authority relating to the construction of toll > >s, bill: provides for limitations on the term of a men: or the operatic: of a state toll road and requires that the ters for the repurchase of the road by the Texas Department of _xperanon of thr agreement; (2) provides that a comprehensive all a pri, :o- participar.t IT3 a toll project entity (e.g., , regional mobility authority, or certain counties) on or sr�t ,rs� rrr c n t ucuon, financing, operation, or maintenance coo per,, trin . the private participant to operate the toll project. numerous exceptions for certain projects cation of a legislative study committee to conduct public implications if including in a comprehensive development ,leet entity w:t', a private participant a provision that permits :lout revenue from the toll project, as well as the public ext „rn; and operating toll project to a private entity; (4) sun (he authority of a toll project entity to enter into ent agreements for projects than grant a private entity a right to finance a ides that xDtt i shall make public in a timely manner all documents, ted Texas Cnrridor, with much of the information being 1s for th, aea r;gs and tni the public agr-er :ent ent rc; into --v a ; 1; he ^s kate part LJpart operate Doh - elfin; at- st ism ;hes tar trgust '00(4 onrprehensr,,,.- clops ol'.• and re' Va 3:AC on 'l e: 1 • .cnR,, S.$. 1039 •- Economic Development Corporations Transportiation: would permit the ,xpenditure of ,\e 4B sales tax tiro -'eeds ((r, commuter rail, light rail, and bus facilities. SJ3. 1266 — I ransportation Reinvestment Zone among other things, provides that: (1) if a ity > governing body determines rr. area in the citl to be unproductive and underdeveloped, the ity governing hod: °ry ordinance may designate a contiguous geographic area to be a transportation i- eitr'estment zone u promote transportation projects funded by a pass - through toll .agreement that ,;:rltivates development rrr redevelopment of the area (2) the city must provide .oat. e and hearing prioi tnr er atrot : the zone: ( ) from taxes collected on property in a on( eie cite shaii pa} me :a: increment accoint tor the zone an amount equal to the tax ncrement produced an.: these funds mast be used to fund pass- through toll projects, ncluding the r D,t , menr if amoun s owod under ar agreement; and (4) the zone shall terminate ,po the payrren )f the oh uatu),t. under the pass- through toll agreement or if the funds re iiiit used tc, fund a pr recr. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League INDEX Page Topic finance and .Amrn]st =Fttic n 3 Proper, Tax . 3 S, ies I x 5 Purchang 6 1= lection, .. ........... .. 9 Open Government. 10 Other Bills 12 Municipal Courts . 13 Community and Economic Development.... 14 Personnel 19 Public Saret. 20 I_`tilities. Transportation. and Environment 26 Legislative UPDATE June 20, 2007 Number 21 GOVERNOR'S VETOES INCLUDE CITY - RELATED BILLS )Go ernor Rick Perry las hills passed by the legislature during the regular session. Six ul the 4', were c,:v,-related bills described in the League's fmal legislative wrap -up of .Funs - Those y,, etoes are detailed below_ HA. 447 •- Construction Procurement: among other things, this bill would have ;onsolidated and made changes to the alternative procedures used to procure construction ;er .ces. The _:cavern, r belie\ t the mill would have discouraged competition in public incur capita] project development by limiting the ways in which government may ;ontraet for design and construction services. His veto message stated that the limitations ind extra contracting equirements it the hill would likely have resulted in "increased •osts prole;;' cieiax ,_ for taxpayers 41B. 2006 -- Eminent Domain would have inade various changes to eminent domain 'awe. including the method of , alculating a condemnation award. Of particular interest vere wo pro..isrons. added te the hill as last- minute Senate floor amendments, that vouid have: (l ) changed the evidentiary standard used for determining market value; and 2) =nandated -emamcler damages a, an owner whose property is taken for a state `ligi. way or county to , project Itein (1) could have increased the costs of municipal projects, and item (2) would have cost the state and certain counties up to $1 billion for uture highwa\ project,. The _.overn-,r s veto message stated that "[i]t is important to balance the rights of 7 :axas Iancowners whose land is acquired through eminent domain against the needs of r:he realer t.ixpaying public In essence, the state and local o erriment 0)_ild be aver na'-. ng t; acquire and through eminent domain in order to ^rich. a finite numeer (Note: H.B. 2006 ,x uid inso te repurchase the pr =)per*y, condemnation. by pro=viding t'l: at tfe time the property was t c= , '-titutional amendment. T1 be-ere the v oters in 'eovembe Ti =nplem ming le siati:,n- .derrnation iawyer_; at the expense of Texas taxpayers." rave modified :he current law that allows a property owner it isn't used by the condemnor within ten years of the lat the repurchase price is the price paid to the condemnee ondenmed. Such a provision requires voter approval of a c amendment. n the form of H.J.R. 30, passed and will go ..ever. even it it passes, it will have no effect without hie A as part if N.B. 2006.1 H.B. 2087 -- Property Tax Freeze: would have limited the frequency of petition - initiated senior tax freeze elections The governor vetoed the bill because it would have limited "voters abi;_ty rn pet,tior their government on an important taxation issue." cording ie he gee, ernor. iaxpayers should not have their right to vote to lower taxes limited for the on 4 eruence of election officials.,' H.B. 3084 - Sales Tax: woui an street maintenance sales abolition tion iii e street .rMinter-MI o: k n mot;on -r upon the LAt :, registered voters o? tite city tkie balance . pow, r -inn al message stated that t]he but gi ,vernment. rot the governed el ha\ e. (1) abolished the automatic four -year expiration of ex enacted after September 1, 2007; and (2) permitted the e sales tax by an election called by the city council on its receipt of a petition signed by at least five percent of the he governor's position is that the bill would have shifted from those being taxed to the government." His veto en ii iustifying whether a tax should exist should fall on H.B. 3352 -. Fire/Police Civil Service: would have made various changes to Chapter 143 of the ocal Gov ernment Code (fire /police civil service). Of specific interest to the g:vernor was Houston -o0, provision that would have provided for automatic payroll deduction pursuant ti a meete nd- confer agreement. H.B. 3619 - Election Dates would have authorized any city to change the date of its general election to smother uniform election date The governor's position is that cities should "set a fixed date for ,heir elections ;and stick to it, so voters would know each c °ele when elections will be held He further stated that we have now reached the point where the cit :es and other local subdivisions need to stop moving their election dates...-[i]f Texas is serious tabour Increasing turnout, the state must stop changing the time and place of eleetions and set them permanently so voters will know when they can vett EMERGENCY MANAGEMENT TRAINING UNDER S.B. 11: WHO, WHAT, WHERE, WHEN, AND HOW 3 e new homeland security h il, S. B. 11, mandates that certain appointed public officers c.rmplete three hour of emergent management training. Certain city officials may therefore he required to take the training. W ho and V hat Aux: ding so - ;e hill. ene f.'I_eu trig persons must complete the training requirement: "...an appointed public officer: (1 whose position description, job duties, or assignment includes emergency management responsibilities; or (2) who plays a role in emergenc preparedness, response, or recover, Because the hi':1 apps appointed officers. it is clear that elected mayors and ,,ouncilmembers and other e let fed ,,.tficers.. such as elected marshals) are not required to t'ecerse the training Which appointed otri. Ieiined in Chapter . - equirement bus, `public officer has be rs must aimpiete the training? The term "public officer" is not 8 0 tti{._ Cr 3s ernment Code. which contains the new training 4 e must +ok elsewhere in the law for a definition. Fortunately, .:ome a farm o!. art with .i relatively well- established meaning. ft general it: ec eepte o <rt s opinion in 1- 4uoring Dunbc} 8 � detinit�,�n -public ,,fficer" derives from the Texas Supreme dine bul€: enac nt Scho(.i [)rvtrict v. Standley. There, the court, ±geld that the t :f r rtinin ta( To, whi; h distan ;wishes a public officer from an empio e,' an reign "'Unction of the government is conferred upon the individuai -o e e+efcised by him for the benefit of the public larger i�idepen,lenr control of others, !'he attorney�enerai has said hat under this definition, a person is not ordinarily an -officer" if the person s action> are subject tc control by a superior body, for in such instance the person cinnot be said io exercise authority "largely independent of the ion tm of other- . Police Chief' if the police chief reports to the council, it could be said that he or she doesn't exercise a 'sovereign function ot. government" that is "independent of the control of others." Two issues complicate this nalvsis_ iowes er. In general law cities, the police chief stands in ;lace of a statutory marshal it tine cites, has abolished that office. Because a marshal is a tatutory office and thus, likel'- a public office), the same might be said about a police hies Further, many home rule .-ity ; hatters establish the office of police chief. Since a ity E_harter has she effect of law the officers created by the charter are more independent than a council- created position. °. Fire Chief' 7,-he position ..hier is t sra utorily required by general law, though it is often mentioned in 3 horie rule :Ay charter. l3eeause of the state certification and the department -head nat re el a °re wt ief. it's _.possible that fire chiefs are public officers, though that is not a 7..iaranteec - cone;usion. 3. Rank and Fite Police Officers? Curiously. prior to j '-r93. poll.. officers were thought to be public officers. The attorney general has abandoned that fl vec- logic. however. and the current wisdom is that police officers aren't public officers 4. Rank and File Firefighters? There is no rationale Ander whn h firefighters could be considered public officers. 5 ( ity Administrator /Manager`' The position or ,.;it} admmistratoc or city manager created by ordinance would not ordinarily be thought of as a public office, as the person filling the position doesn't serve a sovereign function ndependent af'!he control of the council. A . ity manager position created by a city charter (or by an election under Chapter 25 of the Local Government Code) is a different matter, though. Such a manager is likely a public officer. but would need to take the training only to the extent that the person's role ot lob duties specifically include emergency management duties. 6. Other Emergenc. Management Officers? It , likely that larger cities have appointed positions dealing with emergency management. Except to the extent that such positions are created by the charter, however, ifs unlikely that the are "public officers" under the traditional analysis. 7. Bottom Line Pc ii e chiefs and marshals should take the training. A fire chief whose office is created b� a home rule charter shoule take the training. Other fire chiefs may wish to take the twining out of an abundance o f caution or after consultation with the city attorney. Police officers and :firefighter: need not take the training. Mid -level police and fire supervisors are tikelti not required to take the training either, unless their positions are created by the chart! ither o=fice- should t.cce :.re training if its or her position is created by a home ru ° .:darter arc tai sTiecitii errs gene, management duties as part of the job description. col f cr_ ai eci ornevs on the T,1ttL staff All city officials chi ;,i �' co�?sr �/ it yr =r f thE�< i,-�- tiznt qu €Stems about who should take `hz inim When Each Jerson at'ected 'iv the hi I mu; ;:omplete the training no later than 180 days after taking office °ither taking the oath of )iffice or, if an oath is not required, after assi:ming the duties he ; f c Fot -Ty official y on January 2008. the training must be completed by fan t..a v 1 _ )00,.. Where and How The %fovernor Offic, of Emergency Management is tasked with offering the training ;nurse or approtimg training offered by other entities. The division must "ensure that at east one course. of training ,ippro‘ ed or provided by the division is available on videotape or a functionally similar and widely available medium at no cost." Future xdirzons of the TAIL '- 'pciate will identify any training that is made available. LEGISLATURE AGAIN RAISES STATE FEES ON MUNICIPAL COURT CONVICTIONS vfuni.crpal courts rn Teas collect funds on behalf of the State of Texas for a wide variety rf state programs These state _programs range from the Criminal Justice Planning Fund to the Crime is rims Compensation Fund. In most cases, the fees are imposed on )ersens conymAi of arty criminal offense: some are imposed only on traffic offenses. or these collection et`ortt cities are. generally allowed to keep some small amount of revenue as reirrburserlenr ti-,r :rsts incurred to collect the fees and remit them to the ;tat,. vtar ity ofiic, us contend that! stare court costs adversely impact municipal courts in two wrtys. First. the state's court costs are complicated and costly to administer. While ities can keep a small percentage of the costs as an administrative fee, that amount is not sufficient to relmbursti the cities t r the bookkeeping and administrative problems onnected with `ha functior S,Tcond_ when setting an appropriate fine for an offense, a iun,c; pal judge must . �nsidcr � � t i that the defendant will also be paying state court c.' exult. nuntc :pa: inc .revenue is often lower than it would otherwise be. because he iau e hs considered size state eourr costs when setting a defendant's total l: c State Fines_ Fees, and Costs on a raftic Convicuon in Municipal Court C ,rune Victim Compensation nation and Judicial /Court Personnel Training F:,g.tive Apprehensu'n Fend Consolidated Court C osts* Juvenile Crime Delinquen (Prairie kr'elc A &N.J January 2002 January 2008 $15.00 $15.00 2.00 2.00 5.00 5.00 17_00 17.00 50 .50 Correction Management Institu te 50 .50 (Sang Houston State _ mvers?r.- State Traffic Fine 30.00 Jury Pay 4.00 Stag Judges Salarie, 6.00 lndi =,tent Defense - 2.00 Total $40.00 $82.00 Percentage Increase, 2002-2908= 105 percent *Includes a state fee for the law enforcement management institute, the Texas Commission on Law Enforcement Officer Standards and Education, comprehenst'e rehabilitation for certain accident victims, crime stoppers [ assistance. and more Municipal court clerks also point out that the state requires that in the event of a partial payment, the state court costs must be paid first, before the city can keep any of the fine. This means that the :ties have to do all the work entailed in collecting fines, but retain no revenue until the stag court casts have been satisfied. T7 ,ottorr- t ', s g A ng argent; apse court 'Ines fast enough to satisfy the state's ever - nver ue tail. s.multaneousi . maintaining the amount retained by En ent then -state t..xes on municipal court fines" have grown dramatically. P ca,e see L tcco par int chart) Ettery legislature in recent years has turned to mt,tu Lip& <�„ ��. �,� ven.ie t r =)dui ers for tie state. and the 2007 legislature was no ex. ,_'liion H.B. 1267 1n1oose� cw , offense in t -.unictpa; ;oust parkin_ ti a mi tor h ei (i take c t i- t un 't eptemhe i S.B. 600 rats,. Ir 3rn s-} judictiar- (judges ;alaiiesr a traffic . ffen. :. other darn Octtihes '20( state .., turf ,:ost on each person convicted of an other tnan an offense related to a pedestrian or help pay for Indigent defense representation. It will 6 the municipal court fee for "support of the he fee will he imposed on any person convicted of iectestrian or parking offense. It will take effect on These fees weir added despite ne tact that the Legislature is holding a multi - billion - dollar surplus of -state funds that could be ut,ed for indigent defense or to pay the salaries of state iiuciges Municipal court; . :onitnut tt. represent an irresistible source of revenue that allow the state t;, ,r : :, d iax tier-case. balance the states books, or retain a surplus of 1r; I.D. CARDS LIKELY OPTIONAL FOR RETIRED LAW ENFORCEMENT OFFICERS w< gills passed during the 2007 legislative session relate to city- issued identification ards for peace officers. H.B. 3613 requires each law enforcement agency to issue detailed identification :ards to is active peace officers. The bill permits, but does not equtrc, a taw . °nforcement agency to issue an identification card to each honorably retired officer. The other hill. H.B. 638, makes the issuance of identification cards for dived n officers Frrunciaj - -n retired officers, which bill controls? `he 1 A4L 1_ ega Department of t "e opinion that the two statutes, as they relate to etired officers are s.-reconcilably ._onflicting. When such is the case, the Code ;onstruction Oct provides that rtae bill that received the last legislative vote on its way to passage controls. in ! is Lase_ f- LB 3613 was voted on last. As a result, that bill's pro., tsion that I:D cards for retired officers are optional is current law. • FEDERALIZED COLLECTIVE BARGAINING? E.arLer this vear, H F 980 + T lie Public Safety Employer- Employee Cooperation Act of 20 07) )) was introducee in the l nited 'States Congress by Rep. Dale Kildee (D - Michigan). The bill would prof ,_'-e collect :e bargaining rights for public safety officers employed by a stater orci' Snek fically. he bill - you'd. i grant public safety employees (law enforcement officers, firefighters. or emergency medical services personnel) the right to form and join a labor organization. 2) require public safety employers to recognize the labor organization. agree to bargain w eh the organization, and commit any agreements to writing; (3) pi ix rde for bargaining, ox err hours. wages. and terms and conditions of employment; (4) reiiure an employer to pro rde an impasse resolution mechanism, such as fact - find:.ng, mediation. irbitrati; r,, �,_ comparable procedures. (5) require enforcement through state , ourts and r (N pia all regulatory oversight with the Federal Labor Relations \ uthorire tune 2o7 , re: bill NA<_s heard in the Health, Employment, Labor, and Pension Set): ommittet. ;af the House omrnittee on Education and Labor. No action has been . taken on the hill. A h hough 1 xas has state - level, local- option collective bargaining and . meet and canter law, H.R 98' would preempt such laws in many respects. The League will closely monnor further developments. and keep city officials informed. ADDENDA The June 7 edition 1 ,, the TM.- Le<_rislative Update included a summary of H.B. 3693, a comprehensix,: energy conservation bill with numerous provisions affecting cities and other governmental entities. The lune 7 summary failed to point out that the bill also creates a two -day sales tax hoiday in May for certain energy- efficient products that have been designated as "Energy Star' - qualifies: products under the federal Energy Star program. The products exempted from sales taxes during that period include certain air conditioners..;lothes washers ,e.eiiing fans, refrigerators, and other similar items. The statewide fiscal impact for Texas :.rities under the bill is estimated to be $289,000 in lost sales tax revenues •n 2008, increasing to 5503,000 in 2012. The state will lose appr)ximatei' S3 minion per ear because of the exemption. TML member cities may use the material herein for any purpose. 110 other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of FY 07 -08 Enterprise Funds. STAFF PRESENTER(S): dame: Title /Position Department Oscar Martinez Assistant City Manager- Administrative Services Cindy O'Srien Director of Financial Services Constance Sanchez Assistant Director of Financial Services Eddie Houlihan Assistant Budget Director REQUIRED COUNCIL ACTION: No f*rrnal action is required at this time. First and second readings on budget Adoption are scheduled for July 17th and July 24th respectively. I 7 Eddie Houli an Assistant Budget Director Power Point Presentation X Exhibits Oes N 1:2) N 44_ 4:4.. • fl P■Z C) • t •E 1*--Z . ci '4.4 O 4C) 4) "4t■i t40 1■4 t40 � v • , ti•. - �'i C) rft4 "/t fa).) 1■4 v 0 • 0 EL. • J !�1 N .() a .1..4 zTh 4-1 �i, U Cn 0 "lt QV ..... m • 0 o 10 C i 0 � F. • N Ci 0 r M ■t 3 M CO S a% V 36 N 4. •w O LFU CO kia 48 IA E o 0,6 E 0 • a o Reservations of $10,428,848 0 CO N CO M N 1� 0! 1■ CO If) ti Ifl M 00 N ti ti N 1� Co) r N r 00 1` M N d' r 1- N N CO N `Or Co) ti 00 O ✓ O ( N N l t[) 0) r di N CO 0 0 co) $40,539,129 Water Fund O O M 00 00 O 00 M N 00 0) N ' t� d' 0 d' 0 N Co) Or M N 0) r r 1■ d' O et d' d' it 0 co) N 10 N M ci 4 N ti ~ N 03 N N CO t0 M N T- 0) Choke Canyon Fund Wastewater Fund Combined Airport Fund LL 0 0 Marina Fund Current assets are equal to cash, investments, receivables, and inventories. Current liabilities are equal to accounts payable, accrued expenses, deposits, and other liabilities due within one year. c CO 7 O LL. CD c N .0 co T Ao M �7V m 0 @ 0 O m m� v mm a C y x 1 w m i2 1.L hi O 2 IIIII C RI W LE w 0 IN- O e 13 c N O As T m • 0 (4 0 co O co co o co ti N CO T Q� a co T (0 T t0 1A 10 10 csr 0) N r, 0 N O N r CO 69 $ 94,735,185 $ 96,305,443 CO p, N 00 c o to N t00 r, 110 N 1■ CO 1!) CO al O 1- N CO l- e- 1 o 1f� 0) 0) CO of M co M TO of 1A CO N 1[0 t0 t0 't C) • C0 e- e- 01 • O N O (00 cci of e ti co CD ▪ M M d' t+ N 1, M 09 N 0 Water Fund Choke Canyon Fund c LL co Wastewater Fund Marina Fund M 0) co N O 3 69 $196,334,023 $197,714,868 Utility Capital Improvement Projects a) V; (/) O -a 0 C 175 _i 2 c °� c >, a) a) c cl a) co z O (0 Q t/) C + cr u) �.c 2 a) U a) 2 a) > ca; L C a) Q O�•C4O ,-} > e 1-13 cn C +r CO _E Q a) as C cu a) +.r co V c Q .� a) . cn C O,— E >� = CO O N .0 c0j con d.N{- Y }, i.. �O C I • � OO -+rN 15 2 C2 �O C ('3 0 L X O_ P- . _ CO a) = Q O a) CO `�t 'in r- O to .L C L CO mot= �) 3 x c co >.c r 1 W C -0 Q N >+� W LLN acs cCU "U`Do co TD 2 JD IS CU CD Z a. c 2 (ts O Ti > a) Tu 2 .1.5 OC) :5 - -a u) 2 = (a U > 0 3 2a3 a) O as u) 4 t1i N ii a) a) >%+r }, .- >> Z CO N a) O '�"� N-0 O 0 oz �L.L25r -Q30 • • S • . U • • • ansmission Main Southsde T 1- C 0 y.. w a) 0) ic a) c cn vb.. CD Cc a 't Zit la 0 CO a) z a) CC Q Q 3 3 ■ O O O O O O O O O O O O O O O O to O N — .-- EA 614 614 O 6fi vD M O O Customer Growth Rates for Utility Funds N U co + O O N 0) O 00 0 O co CO L0 O 0 O Average Residential Utility Charges in � o Lr) oo o cu 4 V 1:1 Nrr O O N N 0�0 O O 7t1 \c5 cd EA- •E -'2 v s cr) U ct Gallons of Water Consumed (7,000 gallons) § § § § § § § § § © ( (g gg gg gg 4 4 euri el el Lri.i, rs; Lr, GO O O N t. O O N 4O © O N © O N iv © O N M o© O N N O O N r-1 O O N © O O N O1 CP cn W Fiscal Year of Purchas O O O O O O O O CD O O O O O O O O 0 L� 46 O O el 1-4 O O N O N to O O N 'di O O O O N N O O N O O Fiscal Year a) a i d i..w c R o O� m >A • E ❑ • a) 7:3 CO O CO N co - .-- M Storm Water Business Offic 4- To 0 Salaries Budgeted - $11,774,419 Funding Required - $11,774,419 O Unfunded Salaries - $ Changes — Net Decrease FTE's 1 FTE moved in from Wastewater to the Water • 1 FTE increased in Utility Business Office r.+ cc L a.+ C O v c�� L O 0) o 4,y M C C). I- L iR � CCS C L 1.-. c o. co m co 15‘. c;CO L +0 +. Eft In CA C s- r: o mu_ E `o -a o ci = L 0 a) _ ca ca �" L L 3 I.i customers. customers. arge fluctuations O d d in FY 07 and continues in FY 08 to help N O v d O 0. w 2 C to. > d C O C -a m L E E th O co N m • 72 L L m E c.i o m N 0 0 v O g L d c E .w 0 O H O H i H c •� 0m m E N O <H C� improvement investment for utility support continued capita increase wil A 5% increase in consumption over a 3 year average was used for revenue projections N a) ca O N s 0 - C 0 (0 O ' O a) N > C O O • X •� a) • 5 5 U) "0 L C C 4) N O O E _c U c . "7 O 4) a) 2O co i co U O a) N - 0 — C = O C V) CD CD C O C E -° c c a)c' oa) O 0 co aQ 0 O . Q O c . O) N a) C L •_Q 2 5 U 4) j w - O ° improvement projects authorized by City Salaries Budgeted - $4,955,822 Funding Required - $4,955,822 0 Unfunded Salaries - $ Changes — Net Decrease Gas Consumption 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 I^ 4r, V Irs ION = VI 0 In 0 kir) 0 If) grir g O CO O h O M N ,C? tri Co co CD M r- CA r) r• Co Cx; co -t - t 04 ER Residential 0 C M N O C C O > -p E.D. C O O c a# M LL C O E �2 o 2 L 0)= E Q4- 2 .(r) Y a) CD 00 00 m ELQ te U U 15) Q) a) C O u) d) Q 2 TS O O v) W L .o U u) N a- _�C O .co c .- N U a) ♦� O c co / ( cu U L co 1E LL , E.D. F- U c cu c vi a) L .o a) o .o O > i as To • c c • to H a 0 m ❑ Allocations To 0 G It • c) 0 a, co 00 r • N CO Lc 28 100,000 0) • LL � a 00 0 C O CO 00 O to p) 00 N C') N O N O �� r co CO CO c■ h CV - tC; cu v) 0 o Q CL Natural Gas Perch O cu Q Allocations iti a o D U Cl N.o N N W L c c a• 10 To O v) O • a) " O U E co A - a 0 O of O � co � 0• tea L _o N C 0) C ._ N •U .c L W O c Council approved a five -year natural gas supply contract in June 2006 Debt is increasing due to the AMR project o w u Cl)) • 0 ❑ Technical • Professional Servo >e /Mainten G cl CG ONrN^ C r CD c s� C Office /Clerical Management co Professional ti To 0 N L() 0 u) C0 69 Salaries Budgeted - Funding Required - $6,259,521 0 Unfunded Salaries - $ a) co. Q .co tip O 0. o. �/� W u) V/ /R 4_, i— a) 1— C6 a) 0 a) a) U .ca) — CU IL: 8 I— 1:5 C 8 3 CB 43 co ,... D CIj/ Tii 2 ° S- 46 13 -a 0 Z u) ,V ya W O '^ W v a) F- 0) LL 1 LL U • • Residential • o oo r) L ,D cci -y- m c - a) ' o o ti . ..„ . = o m , cc 00 . ;:' ) (0 '; :N Residential $44.293 196 $42 562 838 E o O O O LC) N -o N H co a) E O O U U •O o a) c � a) c 7 O N • 2 E OO v a) 2 In � 6R O O Cn a) O � � N C > a) L o 2 ti U ▪ .c commercial customers Includes Reserve Appropriation of $824K for unanticipated infrastructure needs • 2 cargo vans, 1 L O U L r L 0 co > co 0 X O V) Y 0 L c0 (1) N 2 U C Q) L O o cu Q .1 2 c C N E O = U W -0 and electrical costs Increasing operating expenses mostly due to chemical, fue improvement projects authorized by t0 . Q co 0 N N co O L 0 . c 0 N c . w cu a) 0 -U C c . = N >+ 00 ® Space Rental 0 ® Parking Lot • 'TSA Charges °o n m a) 8 rn co' o a co C CO co r co N -14.5 ". rm Qj CTi CO G N. Lc) Q., LO "Cih- °� p t- N. o co MO 0 W - CN Landing Fees Auto Rental n TSA Charges Security Service Gil & Gas Leases 0 0) M rn co CO N 0 0 N co ER 4- O >+ :4... C O. W L C O O N a) N N U O z 2 C e- � a) u) L U 0 Lao CO O Q O"a E C O O O .N L — C O O'er C (Ni cu C a) cn rn a) U N a) w a) .0 a) a) c L C 0 CO O CD co 2 O C- N N Q O Z in increased revenue a) Y E O O O. O N N . U 0 c12 cui)) C C U (7) a) m .cn O a) U N C a) a 0 0 O O 0 O )) ci C O c TD VJ co a) .N CD co a) C a) s 0 C cn c0 co LL a) 0 eL O L 0 Personnel d) O op "0 CO CO CO En Dr CO c CO CO c3i o �o c � co c0 w cc •t L~ J ►n r< r in CO tC U? in CO C') co C c) p r C4 Allocations W cn L N c >Q co a) LU a) 0) co co co o in Iry z 0 ti Green Fee Surcharge N Golf Cart Rentals concession Sales Pro Shop Sales c) ti N Green Fees 0 TO- 0 1— 0 (1) 0 9- 0 a) U) 0 0 a) to Q_ "0 co C — �6 N E 4a) O r?„ a) 0_ E - N 8U 0 0) N co L o p CD CD LL. 0 LV 00 � a 0 c a) 0 N N Et m No FY 07-08 proposed green fee increases • Personnel a) co co 'a O m M co b!-} N 0) O co ti Allocations O O 0 N 0) co o ® Bayfront Revenue 0 Slip Rentals 0 0 Off; co p 1 N as Ca N N ° a co- -0 p cY) co a) zNi CO 0 i� i O O Cr; 0 c CO TD a "a Q ,i N a3 N O o 2 Ea. = s 2 O 2 4- Ina LL N to c . v _N o 0 �> c0 p O co L N Q 0 O .0- N N Q N a) mac—. C N Q O c al E c0 -a (0 O0 O N ' .� . Li.".. L > O in O c0 N _� cu CO 'c O n cr (n p- —_. a) o c N -c3 � N a_ - O O L > c }, Q O O c - v) m To Y c0 j O O L Q. �. N'5 N X s V) c O H c0 f Personnel C C O L 0 CL CI O a U o El ® • W m pp '0 0 W co r • O 00 N- O o C CD c N CD - Ef? Co Efl cv o O c,- rn co o ) LC) C tt� Allocations 0 I- .> U 0 0 ^�J W 0 M W 0 Cl) 0) Ei2cn 0) w 0) a, C c 2 o� increased revenues from additional boat 4 (a U (a N a) ▪ a) = N c " o o N Q .0- N U) Budget Calendar July 10 - Public Hearing 4- p O O L = CD 0 O "v C CD co -0 O CV 2 U O X 00 N a) L L %3 N E O .. C Q O O O L- L Q a- co O 4.- +r 05 li5 t" as as ca u) O D CD U cn N ES 1 1 1 cu N- CV N O >. >1 A N O) September 11 - Meeting to adopt tax rate Questions & Comments 17 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: June 26, 2007 AGENDA ITEM: Proposed Re- development of Padre Staples Mall and the Staples Center presented by Trademark Property Company. CITY STAFF PRESENTER(S): Nome Title Dept/Div Terry R Montesi President & CEO Trademark Property Company Irma Caballero, Director Economic Development 18 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: June 26, 2007 AGENDA ITEM: Economic Impact of Retail /Mixed Use Development Project Proposed by CBL /Hawkins Group presented by ERA. CITY STAFF PRESENTER(S): Dame Title Dept/Div Richard E. Starr Sr Vice President Economic Research Associates (ERA) Oscar R. Martinez Assistant City Manager 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 26, 2007 AGENDA ITEM: Resolution Approving the City of Corpus Christi Tax Incentive Policy for Large Retail /Mixed Use Development and Redevelopment. ISSUE: There is a need to develop a policy to guide decisions regarding granting of tax incentives for large retail development. REQUIRED COUNCIL ACTION: Approval of the City of Corpus Christi Tax Incentive Policy for Large Retail /Mixed Use Development and Redevelopment. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Policy. Irma Caballero Director of Economic Development Attachments BACKGROUND INFORMATION The City has redrafted the proposed policy for granting tax incentives for large retail /mixed use development and redevelopment The Policy has 14 sections. Key Changes to the Policy include: • Setting goals for utilization of M/WBE as well as the use of local contractors and suppliers • Establishes that any safes tax revenue generated by relocating stores with the same or less square footage will not be included in tax incentives to be provided • Establishes a relocation limit of 30% based on square footage and provides that if the percentage is exceeded, the developer will lose all tax incentives with the exception of off-site infrastructure • Additional language added for redevelopment projects • Sets a minimum of $10 000,000 or redevelopment projects to be considered for tax incentives • Limits incentive payments for any construction cost of infrastructure to 15% of the projected investment in the project • Provides more specific language regarding monitoring of tax incentive projects • Provides for recovery in the event of default • Encourages support of local small businesses • Increases the application fee to $5,000 • Definitions and an application form are also included City of Corpus Christi Tax Incentive Policy Large Retail /Mixed Use Development & Redevelopment June 2007 TABLE OF CONTENTS Page Section I Policy Statement 3 Section II Applicability 3 Section III Authority 4 Section IV Guiding Principles for Consideration of Tax 4 Incentive Applications Section V Participation by Other Taxing Entities 6 Section VI Initial Review 6 Section VII Requirements for New Large Retail Projects 7 Section VIII Requirements for Redevelopment Projects 8 Section IX City Review 9 Section X Qualifying Expenditures 10 Section XI Financial Requirements 10 Section XII Other Policy Considerations 11 Section XIII Application Process 12 Section XIV Fee 12 Appendix A Appendix B Definitions Application Form 13 15 I. Policy The City of Corpus Christi (the City) is committed to improving the quality of life for its citizens by the promotion of quality development in all parts of the City. This policy and procedures are established in an effort to sustain, develop and expand the local economy by promoting and encouraging development and redevelopment projects that enhance the City s economic base. diversify and /or expand job opportunities which create additional iocai and regional revenue and enhance the City's fiscal ability to provide high quality municipal services for the safety, comfort and enjoyment of residents throughout the city Each applicant granted tax incentives under this policy and procedures must enter into an agreement with the City containing all terms required by this policy and by state law to protect the public interest of receiving a public benefit in exchange for public funds, assets and services invested to stimulate economic development in the City. An applicant may request a meeting(s) with appropriate City staff prior to submitting an application in order to obtain information and seek clarification of the City's Tax Incentive Policy or Tax Increment Financing (TIF) requirements. The meeting will be scheduled through the Economic Development Office. A preliminary review will be completed by City staff within 20 working days to ensure compliance with these guidelines If the application does not meet the criteria the applicant will be notified and will have 14 working days to supply required information. If the required information is not submitted within this time no further action on the application will be taken and 50% of the fee paid will be refunded. All project information provided to or developed by the City may be subject to disclosure under the Texas Public Information Act. Nothing in this policy shall imply that the City is under any obligation to provide economic incentives to any applicant. Each applicant will be evaluated on the basis of individual merits. The decision to approve or deny economic incentives shall be at the sole discretion of the City Council. The City Council may vary, alter, and/or waive any of the criteria set forth herein when such variance, alteration and /or waiver is in the public interest. This policy supplements the City's Chapter 380 Economic Development Program Policies and Procedures. 11. Applicability This policy applies to large retail development and redevelopment and mixed use projects. The City encourages projects which address goals or priorities established by the City Council for blighted areas or areas targeted for development. All projects must demonstrate significant increases in sales tax revenues and ad valorem property values and revenues Support for Small Businesses will be addressed through a Small Business Policy and through existing programs. The City's Economic Development Office is responsible for support to small business concerns 111 Authority A Local Authority. The City of Corpus Christi adopted these guidelines by Resolution No on June 2007 The policy is intended to provide guidelines to City Staff and interested parties regarding the use of tax incentives for retail and mixed use development and redevelopment. B atutory Authority Tax Incentives will be provided in accordance with the procedures and criteria outlined in this policy as authorized by Title 12 and Chapter 380 of the Local Government Code and Chapter 311 of the Texas Tax Code. IV. Guiding Principles for Consideration of Applications for Tax Incentives A. goal of the City It is the City's goal to utilize tax incentives for projects occurring in areas targeted for growth, redevelopment or designated as blighted and /or located in census tracts which are part of the Renewal Community Program. B Finangn i vehicle The City may consider the use of Tax Increment Financing (TIF), a Public Improvement District (PID), a 380 Agreement and /or any other appropriate financing vehicle to provide tax incentives for eligible projects. C If an applicant request the creation of a TIF District the applicant must provide: 1. Summary which includes a general description of the proposed TIF, including the proposed boundaries, an overview of the proposed projects and proposed levels of participation by each taxing entity. Summary should be no more than one page. 2. A legal description (metes and bounds) and a map of the real property proposed for designation as a TIF 3. An economic impact study as directed by the City and paid by the developer, as noted in Sectior 311 003 of the Texas Tax Code to address site, city and other retailer impacts. 4 A minimum of 4 years of tax value information from the Nueces County Tax Appraisal Distract for all properties in the proposed TIF. 5. A proposed Project Plan as described in Sections 311.003 and 311.011 of the Texas Tax Code, with complete tax increment projections for the entire term of the TIF. 6. A TIF may be created pursuant to Sec. 311.003 of the Texas Tax Code by the City Council adopting an ordinance designating a contiguous geographic area to be a reinvestment zone. City Council may make this designation upon finding the area substantially arrests or impairs the sound growth of the City, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use because of the presence of: (A) a substantial number of substandard, slum, deteriorated, or deteriorating structures; (B) the predominance of defective or inadequate sidewalk or street layout; (C) faulty lot layout in relation to size, adequacy, accessibility, or usefulness; (D) unsanitary unsafe conditions. (E the deterioration of site or other improvements; (F) tax special assessment delinquency exceeding the fair value of the land; (G) defective or unusual conditions of title; (H) conditions that endanger life or property by fire or other cause; or (I) structures, other than single - family residential structures, less than 10 percent of the square footage of which has been used for commercial, industrial, or residential purposes during the preceding 12 years, be predominantly open and, because of obsolete platting, deterioration of structures or site improvements, or other factors, substantially mpair or arrest the sound growth of the City; be in a federally assisted new ommuniity located or in an area immediately adjacent to a federally assisted new community OR be an area described in a petition requesting that the area be designated as a reinvestment zone, if the petition is submitted to the governing body of the municipality or county by the owners of property constituting at =east 50 percent of the appraised value of the property in the area according to the most recent certified appraisal roll for the county in which the area is ocated All information must be provided in both paper and electronic form. A minimum of 5 copies of the information must be submitted. o The estimated time to complete an application for a TIF district is approximately six 6) months. Applications for the creation of a TIF district must be submitted by June 30th of each year in order for the TIF to be established in the same calendar year E The City may consider tax incentive participation of ad valorem and sales tax ncrements at a rate of less than 100% of the tax increment. This participation of the tax Increment will continue until the termination date of the ordinance creating and or amending the zone or until the date on which all TIF project costs and interest have Peen paid in full, whichever occurs first. F The City may provide a tax incentive through either annual grants and /or loans based on a percentage of the sales and use tax received by the City from the sale of taxable items by the applicant within the project area. The applicant will be Yequired to provide suitable documentation of sales and use tax together with such supporting documentation as may be required by the City. G Beginning on the ad valorem tax effective date, the City may provide payment of a portion of the incremental Ad Valorem tax revenues. H The City will not consider tax incentive and /or TIF proposals or agreements that exceed a 25 year term from the date of opening of the development. 1 There shall be no risk to the City should the collection of sales or property tax fall below projected levels in the project area. In no event shall the City be liable for payment of sales or property tax rebates that have not been generated through sales tax collections and increases in property tax revenues. Any other consideration for incentives which are not included as part of a Tax Incentive and /or 380 agreement and not specified in the policy will be considered on a case by case basis. K Other project incentives provided by the City or other governmental entities (trust, CDBG, TXDOT funds, etc) will be considered by the City in the final agreement and may result in a reduction of tax incentives provided by the City. L. Other qualifying factors which may be considered: 1. An expansion of the trade area will occur. 2. Mixed use facilities with housing as a component of the project will be offered. 3. Additional spin off economic activity will occur. 4. The neighborhood in which the facility is located will be improved. 5. Xeriscaping and other landscaping measures to reduce water consumption will be included M Tax incentives will not be approved if there is a negative effect on the City's municipal bond rating. N The City's office of Economic Development will receive and evaluate all tax incentive proposals O The City's Finance office will be responsible for all TIF administration unless otherwise specified by the City Council in the Financial Agreement. V. Participation by Other Taxing Entities Section 311 .013 of the Texas Tax Code provides that other local taxing entities retain the right to determine the amount of the tax increment that each will retain, or each may decide to retain all of the tax increment. The City will enter into written agreements with all participating taxing entities to specify the conditions for payment of the tax increment into a TIF, the portion of the tax increment to be contributed by each entity to the TIF and the term of the agreement VI. Initial Review Consideration for tax incentives will be based on the applicant's ability to address the following: A. Demonstrate that "but for" the granting of tax incentives through the creation of a TIF or request for a 380 agreement, quality development is not likely to occur in the proposed area without tax incentives. The City will review the developer's pro forma °o determine if tax incentives are necessary. B. Development or redevelopment is appropriate for an area provided that public nfrastructure is constructed to support the revitalization of the area; and C Demonstrate that the use of a TIF or 380 agreement is the appropriate tool for a oroject requesting public investment; and D. The area proposed for the TIF or 380 agreement will have an increase in real property taxable value following completion of construction; and E. Provide full disclosure of all incentive costs and any information required to compute the direct and/or indirect costs of providing City services to the new facility. VII. Requirements for New Large Retail Projects Applicants must, at a minimum_ satisfy the following requirements: A. Generate a positive economic impact to include employment, sales tax revenues to the City, ad valorem taxes, and personal property taxes that exceed the City's , nvestment of public funds, While personal property taxes will be considered in making the determination of positive economic impact, personal property taxes will hot be included as part of any Tax Incentive Agreement. B. Describe how the project will contribute to revitalization activities in the zone or in the surrounding area of the community. C Describe how the input of nearby neighborhood residents and businesses will be or has bed solicited in the planning process. D. Comply with all City master plans, zoning ordinances, building codes and other applicable City Ordinances. Projects exceeding plan requirements may be considered for additional incentives. E agree to hold the City, its agents, employees and public officials harmless and shall pay all attorney's fees generated due to any dispute regarding the tax incentive. Provide information regarding the gap in funding needed to construct the project. Staff will evaluate cost, expenses and revenue, and consider market conditions to determine if gap exists. G Agree that only new tax increment revenue generated by the facility will be used for payment of the incentives. Agree that any sales tax revenues generated by operations which relocate with the same or less square footage from other areas of the City to the project will not be nciuded in the calculation of any tax incentives to be provided; and Demonstrate commitment to the quality of the development, the project area, and project completion M/WBE Goals & Utilization of Local Contractors and Suppliers In compliance with the requirements set forth ,n Section 311.0101 of the Texas Tax Code and before the start of any phase of the public improvements the following M/WBE goals and commitments must be met: 1. Any project costs for infrastructure improvements that will be contemplated under a Tax Incentive Agreement and /or a TIF project plan will require the applicant to utilize local contractors and suppliers with a minimum goal of 30% for locally ourchased labor and supplies. 2. A minimum goat of 25 %, is also required for the use of historically— underutilized minority and women -owned business enterprises). 3. Compliance with these provisions will be assured through a Fair Share Agreement between the City and the Applicant. Verification of compliance will be done by an independent contractor selected by the City. Cost for this ndependent verification shall be borne by the applicant. Procedures for :;ornpliance monitoring will be specified in the Tax Incentive Agreement. K.. Generate no less than 50C new lobs and make reasonable efforts to make these lobs available to local residents L Develop a "destination retail or a mixed use" facility. M in order to qualify as a large retail and /or mixed use development, the project must offer a facility value of no less than $50,000,000. N Demonstrate that the project reduces retail leakage or captures new retail sales not currently in the City 0 Establi*h a relocation percentage of no greater than 30% based on square footage at the onset of discussions with the City and for inclusion in the tax incentive agreement. If the relocation percentage is exceeded within two (2) years after the opening date of the development, the developer will lose all tax incentives with the exception of offsite City infrastructure. If the closing of a second store occurs the c veloper will not be considered to be in default if they can demonstrate market factors„ not related to the new project, which resulted in the closing of the original store. THIS SENTENCE DELETED VIII. Requirements for Redevelopment Projects Applicants must at a minimum, satisty the following requirements: A. Each redevelopment project will be considered on a case by case basis. l In order to qualify as a large redevelopment and /or mixed use, the project must offer a facility value of no less than $10 000,000. Job creation is required anc will be considered on a case by case basis. D Impact on sales tax and /or ad valorem tax revenues will be the determining factor in evaluation of these projects for incentives. E Agree that any sales tax revenues generated by operations which relocate with the same or less square footage from other areas of the City to the project will not be included in the calculation of any tax incentives to be provided; and F Establish a relocation percentage of no greater than 30% based on square footage at the onset of discussions with the City and for inclusion in the tax incentive agreement. If the relocation percentage is exceeded within two (2) years after the opening date of the development; the developer will lose all tax incentives with the exception of offsite city infrastructure costs. If the closing of a second store occurs tae developer will not be considered to be in default if they can demonstrate market factors, not related to the new project, which resulted in the closing of the original store. THIS SENTENCE DELETED G M/WBc Goals & Utilization of Local Contractors and Suppliers In compliance with the requirements set forth in Section 311.0101 of the Texas Tax Code and before the start of any phase of the public improvements the following M/WBE goals and commitments must be met: 1. Any project costs for infrastructure improvements that will be contemplated under a Tax Incentive Agreement and /or a TIF project plan will require the applicant to utilize local contractors and suppliers with a minimum goal of 30% for locally purchased labor and supplies. 2. A minimum goal of 25% is also required for the use of historically— underutilized minority and women -owned business enterprises). 3. Compliance with these provisions will be assured through a Fair Share Agreement between the City and the Applicant. Verification of compliance will be done by an independent contractor selected by the City. Cost for this independent verification shall be borne by the applicant. Procedures for compliance monitoring will be specified in the Tax Incentive Agreement. IX. City Review Once a project demonstrates compliance with the above requirements, City staff will determine: A. impact on the City's general fund if a TIF designation or 380 Agreement is used. B. Potential for success of the TIF or project. C Appropriate level of participation by the City. D Risks associated with the creation of the TIF or use of other form of tax increment sharing. E. Evaluate the use of other economic development tools in lieu of a TIF. X. Qualifying Expenditures Tax incentives must be used as authorized by Chapter 311 of the Texas Tax Code. Some examples include: • Off site public infrastructure • Public infrastructure on site • Public utilities • Underground utilities where feasible • Public spaces /facilities • Public Art • Streetscapes • Road Improvements • Landscaping • Other aesthetic improvements • Traffic signals • Street lighting • Pedestrian hardscapes • Fountains/water features • Grading • Public parking facilities • Public transit related improvements in accordance with Secs. 311.010 and 311.01005 of the Texas Tax Code XI. Financial Requirements A. The applicant shall meet all the eligibility requirements contained in this policy, the project agreement, state law, and City codes. B. The applicant shall demonstrate financial solvency to be considered by the City for tax incentives. This may be demonstrated by providing a financial statement, complete sources and uses budget or a letter of credit from an appropriate financial institution C Prior to entering into a Tax incentive Agreement the applicant must also demonstrate the financial capacity to complete the project as proposed. Proposed security, collateralization, or credit enhancement must also be provided. D. The applicant must also demonstrate a gap in financing for the project (e.g. the profitability and feasibility of the project both with and without public assistance, including a detailed explanation of the developer equity contribution into the project and the overall proposed financial structure of the project). E A construction period agreeable to the City shall be included. in the Tax Incentive Agreement. 0 B in order to qualify as a large redevelopment and /or mixed use, the project must offer a facility value of no less than $10,000,000. Job creation is required anc will be considered on a case by case basis. D impact on sales tax and /or ad valorem tax revenues will be the determining factor in evaluation of these projects for incentives E Agree that any sales tax revenues generated by operations which relocate with the same or Tess square footage from other areas of the City to the project will not be included in the calculation of any tax incentives to be provided; and F Establish a relocation percentage of no greater than 30% based on square footage at the onset of discussions with the City and for inclusion in the tax incentive agreement. If the relocation percentage is exceeded within two (2) years after the opening date of the development, the developer will lose all tax incentives with the exception of offsite city infrastructure costs. If the closing of a second store occurs the developer will not be considered to be in default if they can demonstrate market factors, not related to the new project, which resulted in the closing of the original store THIS SENTENCE DELETED G 11WBE Goals & Utilization of Local Contractors and Suppliers In compliance with the requirements set forth in Section 311.0101 of the Texas Tax Code and before the start of any phase of the public improvements the following M/WBE goals and commitments must be met: 1. Any project costs for infrastructure improvements that will be contemplated under a Tax Incentive Agreement and/or a TIF project plan will require the applicant to utilize local contractors and suppliers with a minimum goal of 30% for locally purchased labor and supplies. 2. A minimum goal of 25% is also required for the use of historically— underutilized ( minority and women -owned business enterprises). 3. Compliance with these provisions will be assured through a Fair Share Agreement between the City and the Applicant. Verification of compliance will be done by an independent contractor selected by the City. Cost for this independent verification shall be borne by the applicant. Procedures for compliance monitoring will be specified in the Tax Incentive Agreement. IX. City Review Once a project demonstrates compliance with the above requirements, City staff will determine: A. Impact on the City's general fund if a TIF designation or 380 Agreement is used. B. Potential for success of the TIF or project. C Appropriate level of participation by the City. D Ftsks associated with the creation of the TIF or use of other form of tax increment sharing. E Evaluate the use of other economic development tools in lieu of a TIF. H. Agree that any sales tax revenues generated by operations which relocate with the same or less square footage from other areas of the City to the project will not be included in the calculation of any tax incentives to be provided; and I Demonstrate commitment ro the quality of the development, the project area, and project completion I/WBE Goals & Utilization of Local Contractors and Suppliers In compliance with the requirements set forth in Section 311.0101 of the Texas Tax Code and before the start of any phase of the public improvements the following M/WBE goals and commitments must be met 1. Any project costs for infrastructure improvements that will be contemplated under a Tax Incentive Agreement and /or a TIF project plan will require the applicant to utilize local contractors and suppliers with a minimum goal of 30% for locally purchased labor and supplies. 2. A minimum goal of 25% is also required for the use of historically — underutilized (minority and women -owned business enterprises). 3. Compliance with these provisions will be assured through a Fair Share Agreement between the City and the Applicant. Verification of compliance will be done by an independent contractor selected by the City. Cost for this ndependent verification shall be borne by the applicant. Procedures for compliance monitoring will be specified in the Tax Incentive Agreement. K Generate no less than 500 new jobs and make reasonable efforts to make these jobs available to local residents. L. Develop a `destination retail or a mixed use" facility. M. In order to qualify as a large retail and /or mixed use development, the project must offer a facility value of no less than $50,000,000. N. Demonstrate that the project reduces retail leakage or captures new retail sales not currently in the City 0. Establish a relocation percentage of no greater than 30% based on square footage at the onset of discussions with the City and for inclusion in the tax incentive agreement. If the relocation percentage is exceeded within two (2) years after the opening date of the development, the developer will lose all tax incentives with the exception of offsite City infrastructure. if the closing of a second store occurs the developer will not be considered to be in default if they can demonstrate market factors, not related to the new project, which resulted in the closing of the original store THIS SENTENCE DELETED VIII. Requirements for Redevelopment Projects Appkcants must at a minimum satisfy the following requirements: A. Each redevelopment project will be considered on a case by case basis. A. Demonstrate that "but for" the granting of tax incentives through the creation of a TV or request for a 380 agreement, quality development is not likely to occur in the proposed area without tax incentives. The City will review the developer's pro forma o determine if tax incentives are necessary . B. Development or redevelopment is appropriate for an area provided that public nfrastructure is constructed to support the revitalization of the area; and C Demonstrate that the use of a TIF or 380 agreement is the appropriate tool for a project requesting public investment; and D. The area proposed for the TIF or 380 agreement will have an increase in real property taxable value following completion of construction; and E Provide full disclosure of all incentive costs and any information required to compute the direct and /or indirect costs of providing City services to the new facility, VII. Requirements for New Large Retail Projects Applicants must, at a minimum. satisfy the following requirements: A. Generate a positive economic impact to include employment, sales tax revenues to the City, ad valorem taxes, and personal property taxes that exceed the City's investment of public funds. While personal property taxes will be considered in making the determination of positive economic impact, personal property taxes will not be included as part of any Tax Incentive Agreement. B. Describe how the project will contribute to revitalization activities in the zone or in the surrounding area of the community. C. Describe how the input of nearby neighborhood residents and businesses will be or has been solicited in the planning process. D. Comply with all City master plans, zoning ordinances, building codes and other applicable City Ordinances. Projects exceeding plan requirements may be considered for additional incentives. E. Agree to hold the City, its agents, employees and public officials harmless and shall pay all attorney's fees generated due to any dispute regarding the tax incentive. F Provide information regarding the gap in funding needed to construct the project. Staff will evaluate cost, expenses and revenue, and consider market conditions to determine if gap exists. G. Agree that only new tax increment revenue generated by the facility will be used for payment of the incentives. There shall be no risk to the City should the collection of sales or property tax fall below projected levels in the project area. In no event shall the City be liable for payment of sales or property tax rebates that have not been generated through sales tax collections and increases in property tax revenues. G. Incentive payment for any construction cost of infrastructure shall not exceed 15% of the total amount of the projected investment in the project. In no circumstance will the City share more than the negotiated amount for additional infrastructure or amenities improvements. The City's preference is to pay for off -site rather than on- site infrastructure improvements H If 'relocation" occurs, sales and ad valorem tax revenue generated by those properties shall not be included in the calculation of the sales. A project obtaining support from other governmental entities shall be given greater consideration for tax incentives Breach of Contract and notification provisions will be established in the project agreement K Monitoring practices will be established in the Tax Incentive Agreement. The City will as part of its annual audit, include all TIF projects in the audit. In addition, monitoring for contract compliance will be done no less than twice per year. During the monitoring process, the City will make maximum use of required State and Federal submissions for the determination of contract compliance. Auditing and monitoring procedures established in the Tax Incentive Agreement must comply with these requirements and must clearly describe the monitoring activity, responsible party, and reporting requirements. L Any incentives provided are subject to recovery upon default of the applicant. The tax incentive agreement shall provide for notice of default and opportunity to cure the default. In the event a default is not cured, the Agreement shall provide for recovery of incentives paid, suspension of incentive payments, and /or cancellation of incentive payments as determined to be appropriate by City Council. If the development is sold. the Tax Incentive Agreement may not be assigned without the prior written consent of the City acting by and through its City Council, which consent shall not be unreasonably withheld. XII. Other Policy Considerations A. The City may, at its discretion, provide expedited permitting, waivers or reductions of building permit fees. inspection fees and utility tapping fees. B. Additional consideration will be given to projects paying higher than the City's median wage for the industry /business applying for incentives. C. The applicant is encouraged to provide a mix of both local /regional and national retailers. I D The applicant is encouraged to allocate a percent of space to local small businesses and provide rent buy downs and relocation expenses for up to two years or provide financial support for small business initiatives of the City. E. Any project which has, as a component of its project, the development of a business park serving the needs of primary employers will be given greater consideration for incentives F The project will not create any negative environmental impacts and will comply with all environmental regulations. G incorporation of a green development concept will be given greater consideration for incentives H Funds from the Corpus Christi Business and Job Development Corporation (4A) are not available for retail incentives. Smart growth concepts as defined by EPA shall be considered by the City in the project evaluation XIII:. Application Process Applicants seeking tax incentives must file an application for Economic Incentives before the request can be considered. The City shall not grant any incentive unless the business submits a full and complete application and provides additional information as may be requested. The accuracy of the information in the application is the sole responsibility of the applicant. Upon request the applicant shall provide supporting documentation. Any misstatement of or error in fact may render an application null and void and may be cause for repeal of any ordinance adopted in reliance of said information. If it is determined that the application meets these guidelines a full and financial programmatic review will be conducted. This review may be done by City Staff, an outside agency or consultant and will ensure conformance with these guidelines. XIV. Fee An application fee of $5000 will be submitted at the same time the application for economic incentives is submitted The City at its discretion may consider waiving a portion of the fee upon request, The fee must be paid In the form of a check or money order and made payable to the City of Corpus Christi. Texas The fee will offset some of the administrative cost to process the application and finalize the Tax Incentive request. 12 APPENDIX "A" A Relocation - The movement of an existing retail business from other areas of the City to a new development which is provided tax incentives. The City shall use a time period of two (2) years to make this determination beginning on the date the new development is opened Square footage of the original location will determine the reduction of tax increment revenues to be retained by the City and which will not be used as part of the tax incentives provided to a developer. B Full -Time Equivalent (FTE ► - number of actual hours worked by an employee in a standard work week divided by 40 hours G Tax Increment Financing (TIF) defined as a tool used by local govemments to publicly finance needed structural improvements and enhanced infrastructure within a defined area. The cost of improvements to the area is repaid by the contribution of future tax revenues by each taxing unit that levies taxes against the property Each taxing unit can choose to dedicate all, a portion of, or none of the tax revenue that is attributable to the increase in property values due to the improvements within the reinvestment zone. Tax increment financing may be initiated by either a petition )f the affected property owners or by a City Council. D Pubic Improvement District (PID) - allows a City to levy special assessments on real property to aid in funding improvements in these districts. A petition must be submitted to the City as referenced in Section 372.002 of the local Government :ode E. Tax Increment Reinvestment Zone (TIRZ) - a defined area in which Tax Increment Financing, a tool governed by the TIF ACT in Chapter 311 of the Texas Tax Code, can be used by local governments to publicly finance needed residential and commercial public irprovements and enhanced infrastructure within the Zone. To to designated a TIRZ, areas must be economically distressed, unproductive, under- developed or blighted, and impair the City's growth because of those factors or be included in a petition of a least 50% of the property owners within the Zone. F Property Tax Abatement - An agreement, which cannot exceed ten (10) years, executed by a taxing jurisdiction to abate its property taxes in percentages from 0 to 100% over a fixed period of time G 380 Agreements - Agreements executed pursuant to the requirements of Section 380.001 of the Texas Tax Code for Economic Development Programs which allow a governing body of a municipality to establish and provide for the administration of one or more programs, including programs for making loans, and grants of public money and providing personnel and services of the municipality, to promote State and local economic development and to stimulate business and commercial activity in the municipality. H fixed -use developments - a single project containing two or more occupancy types (residential, office or retail) which utilizes a minimum of 15% of the total project occupancy square footage for residential purposes. Permanent jobs - New jobs that will be created as a direct result of the development and will remain filled for a minimum of two (2) years after the completion of ;onstruction. J Regional Draw - a development project that, due to its unique characteristics, will draw population from throughout the City the region, and possibly beyond. K. Retail Development - Establishments engaged in selling goods or merchandise to the general public for personal or household consumption, and rendering services incidental to the sale of such goods. Characteristics of retail trade establishments are (1) the establishment is usually a place of business and is engaged in activity to attract the general public to buy; (2) the establishment buys and receives as well as sells merchandise; (3) the establishment may process some of the products, but such processing is incidental or subordinate to the selling activities; and (4) retail establishments sell to customers for their own personal or household use lequestor: APPENDIX "B" City of Corpus Christi Application for Tax Incentives for Large Retail /Mixed Use Development and /or Redevelopment Mailing Address:_ Telephone:_ Fax: Cell Phone: Email: Project Address. Property Legal Description (metes & bounds is Project Description: 4 Type of Incentive Requested 380 TIF PID other 5 The City's Tax Incentive Policy requires: A. Justification for the request for tax incentives: B. Provide a pro forma will be provided when requested by the City. Yes No 0. Explain why the proposed development is appropriate for the area and what public infrastructure will be built? D. Will the project result in an increase in real property taxable value upon completion of construction. Yes No E Provide supporting documentation for the projected increase in real property taxable value. Yes No 6 New Large Retail /Mixed Use Developments must: A. Document how the development will have a positive economic impact which exceeds the City's investment of public funds. 15 Employment: Sales Tax Ad Valorem Personal Property Tax 3. Explain how the development will revitalize the project area and surrounding community_ — Describe how you will or have solicited input from nearby neighborhood residents and businesses a Provide assurances that your development will comply with: 1 City Master Plan 2 Zoning Ordinance 3 Building Codes Yes No E. Agree to hold the City and its agents harmless and pay attorney fees for any tax incentive dispute Yes No Agree that only new tax increment revenue will be used for payment of the incentives. Yes No . Agree that sale tax revenues generated by operations which relocate with same or less square footage to the project will not be included in calculation of tax incentive. Yes No H. Agree to utilize local contractors and suppliers a minimum of 30% for locally purchased Tabor and supplies Yes No Agree to a minimum goal of 25% for use of historically underutilized enterprises 'MNVBE ). Yes No Generate no Tess than 500 new jobs and make reasonable efforts to make these jobs available to local residents. Yes No K. is the project "destination retail" Yes No "mixed use" Yes No Facility value is $50,000.000 or greater. Yes No M. Provide documentation of retail leakage and how you will capture new retail sales. N. Agree to a relocation percentage of 30% or Tess based on square footage. Yes No Requirements for Redevelopment Projects A. Facility value is $10,000,0()0 or greater. _ Yes No B. New job creation will be. 16 What increase will be realized in sales or ad valorem tax revenue as a result of your project. D. Agree to a relocation percentage of 30% or less based on square footage. Yes No . Agree to utilize local contractors and suppliers with a minimum of 30% for locally purchased labor and supplies. Yes No R. Agree to a minimum goal of 25% for use of historically- underutilized enterprises ( MNVBE) yes No Other Policy Considerations A. Agree that project will not create any negative environmental impacts. Yes No B. Will your project incorporate a green development concept? Yes No I certify that the information contained herein is true and correct. Printed Name and Title Signature (Must be signed by a corporate officer with signature authority) Date Completed request should be submitted: Director of Economic Development City of Corpus Christi P. 0. Box 9277 Corpus Christi, 7X 78469 -9277 City of Corpus Christi Tax Incentive Policy June 2007 Policy Sections • Policy Statement ▪ Applicability • Guiding Principles • Participation by Other Taxing Entities • initial Review • Requirements -- Large Retail/Mixed Use New • Requirements - Large Redevelopment Projects • City Review • 9nancial Requirements • )ther Considerations 1 • Require that each applicant granted tax incentives must enter into an agreement with the City . • Nothing in this policy shall imply that the City is under any obligation to provide economic incentives to any applicant. • The decision to approve or deny economic incentives shall be at the sole discretion of the City Council. • The City Council may vary, alter, and /or waive any of the criteria set forth Herein when such variance, alteration and /or waiver is in the public interest. Applicability • his policy applies °o large retail development and redevelopment and mixed use projects • Support tor Small Businesses will be addressed through a Small Business Policy and existing programs. 2 Grading Principles A ax incentive participation of ad valorem and sales tax increments will be at rate of 3ess than " 00% of the tax increment. Fs. 'he City may provide a tax incentive through either annual grants and /or loans based on a percentage of the sales and use tax received by the City from the sale of taxable items by the applicant Participation of the tax increment will continue until the termination date of the agreement or until the date when all TIF project costs and interest have been paid in full, whichever occurs first. Guiding Principles Tax incentive agreements will not exceed a 25 year term from the date of he opening of the development. ._ 'he City shall have no risk should the collection of sales or property tax fall neiow projected levels in the project area. In no event shall the City he liable for payment of sales or property tax rebates that have not been generated through sales tax collections and ncreases n propert\ tax revenues. G Tax incentives will not be approved if there is a negative effect on the City's municipal bond rating_ 3 Other Taxing Entities • The Texas Tax Code provides that other local taxing entities retain the right to determine the amount of the tax increment that each will retain, or each may decide to retain all of the tax increment. • The City will enter into written agreements with all participating taxing entities to specify the conditions for payment of the tax increment into a TIF, the portion of the tax increment to be contributed by each entity to the TIF and the term of the agreement. Initial Review Consideration for tax incentives will be based on the applicant's ability to: A. Demonstrate that without the tax incentive the development is not likely to occur The City will review the developer's pro forma to determine if tax incentives are needed. B. Development or redevelopment is appropriate for an area provided that public infrastructure is constructed to support the revitalization of the area; and C. Demonstrate that the use of a TIF or 380 agreement is the appropriate tool for a project requesting public investment; and 4 Initial Review D. Demonstrate area proposed for the TIF or 380 agreement increase real ;property taxable value following completion of construction; and E. Provide tull disclosure of all incentive costs and any information required to ,:ompute the direct and /or indirect costs of providing City services to the new acility. Requirements for New Large Retail Projects Applicants must, at a minimum, satisfy the following requirements: A. Generate a positive economic impact. B. Describe now the project will contribute to revitalization activities C. Describe how the input of nearby neighborhood residents and businesses mil be or has been solicited in the planning process. D. Comply with all City master plans, zoning ordinances, building codes and other applicable City Ordinances. E. Agree to hold the City, its agents, employees and public officials harmless and shall pay all attorney's fees generated due to any dispute regarding the `ax incentive. 5 Requirements - New Large Projects F . Provide information regarding the gap in funding needed to construct the )roject G Agree only new tax increment revenue generated by the facility will be used or payment of the incentives. H Agree that any sales tax revenues generated by operations which relocate with the same or less square footage from other areas of the City to the project will not be included in the calculation of any tax incentives to be Jrovided and Requirements - New Large Projects I Before the start of any phase of the public improvements: Any project costs for infrastructure improvements that will be contemplated under a Tax Incentive Agreement will require the applicant to utilize local contractors and suppliers with a minimum goal of 30% for locally purchased labor and supplies. A minimum goal of 25% is also required for the use of historically — underutilized (minority and women -owned business enterprises). Compliance with these provisions will be assured through a Fair Share Agreement between the City and the Applicant. Verification of compliance will be done by an independent contractor selected by the City. Cost for this independent verification shall be borne by the applicant. 6 Requirements - New Large Projects 1 500 new obs /reasonable efforts to make these jobs available to local residents K. Develop a "destination retail or a mixed use" facility. Facility value of no ess than $50,000000. M. Demonstrate that the project reduces retail leakage or captures new retail sales not currently ir, the City. N. Establish a relocation percentage of no greater than 30% based on square footage at the onset of discussions with the City and for inclusion in the tax =ncentive agreement. If the relocation percentage is exceeded within two 2) years after the opening date of the development, the developer will eose all tax incentives with the exception of offsite City infrastructure costs. Requirements for Redevelopment Projects A Offer a facility value of no less than $10,000,000. B yob creation is required and will be considered on a case by case basis, impact on sales tax and /or ad valorem tax revenues will be the determining factor D. Sales tax revenues generated by operations which relocate with the same or less square footage from other areas of the City to the project will not be included in the calculation of any tax incentives to be provided; and 7 Requirements for Redevelopment Projects E Establish a relocation percentage of no greater than 30% based on square footage at the onset of discussions with the City and for inclusion in the tax incentive agreement. If the relocation percentage is exceeded within two (2) years after the opening date of the development, the developer will lose all tax incentives with the exception of offsite city infrastructure costs. Requirements - Redevelopment Projects F. Before the. start of any phase of the public improvements: Any project costs for infrastructure improvements that will be contemplated unaer a Tax Incentive Agreement will require the applicant to utilize local contractors and suppliers with a minimum goal of 30% for locally purchased labor and supplies A minimum goal of 25% is also required for the use of historically— underutilized (minority and women -owned business enterprises). Compliance with these provisions will be assured through a Fair Share Agreement between the City and the Applicant. Verification of compliance will be done by an independent contractor selected by the City. Cost for this independent verification shall be borne by the applicant. 8 City Review City staff will determine: A. Impact on the City's general fund if a TIF designation or 380 Agreement is used. B. Potential for success of the TIF or project. C. Appropriate level of participation by the City. D Risks associated with the creation of the TIF or use of other form of tax increment sharing F Evaluate tie use of ether economic development tools in lieu of a TIF. Financial Requirements A. The applicant shall demonstrate financial solvency to be considered by the City for tax incentives. This may be demonstrated by providing a financial statement, complete sources and uses budget or a letter of credit from an appropriate financial institution. B. Prior to entering into a Tax Incentive Agreement the applicant must also demonstrate the financial capacity to complete the project as proposed. Proposed security, collateralization, or credit enhancement must also be provided. C The applicant must also demonstrate a gap in financing for the project e.g. the profitability and feasibility of the project both with and without pubic assistance, including a detailed explanation of the developer equity contribution into the project and the overall proposed financial structure of the project). D A. construction period agreeable to the City shall be included in the Tax Incentive Agreement 9 Financial Requirements E There shall be no risk to the City should the collection of sales or property tax fall below projected levels in the project area. Incentive payment for any construction cost of infrastructure shall not exceed 15% of the total amount of the projected investment in the project. The City's preference is to pay for off -site rather than on -site infrastructure improvements. G. If "relocation" occurs, sales and ad valorem tax revenue generated by those properties shall not be included in the calculation of the sages. Breach of Contract and notification provisions will be established in the project agreement. Financial Requirements I Monitoring practices will be established in the Tax Incentive Agreement. The City will, as part of its annual audit, include all TIF projects in the audit. Monitoring for contract compliance will be done no less than twice per year. Ile City will make maximum use of required State and Federal submissions for the determination of contract compliance. Auditing and monitoring procedures established in the Tax Incentive Agreement must comply with these requirements and must clearly describe the monitoring activity, responsible party, and reporting requirements. 10 Financial Requirements any incentives provided are subject to recovery upon default of the applicant. The tax incentive agreement shall provide for notice of default and Jpportunity to cure the default. In the event a default is not cured, the Agreement shall provide for recovery of incentives paid, suspension of ncentive payments, and /or cancellation of incentive payments as determined ro be appropriate by City Council. If the development is sold, the Tax : ncentive Agreement may not be assigned without the prior written consent �f the City acting by and through its City Council, which consent shall not be nreasoriably withheld. Other Policy Considerations A. The City may at its discretion, provide expedited permitting, waivers or reductions of building permit fees, inspection fees and utility tapping fees. B. Additional consideration will be given to projects paying higher than the City's median wage for the industry/business applying for incentives. The applicant is encouraged to provide a mix of both local /regional and national retailers. D The applicant is encouraged to allocate a percent of space to small businesses and provide rent buy downs and relocation expenses for up to two years or provide financial support for small business initiatives of the City. 11 Other Policy Considerations E. Any project which has, as a component of its project, the development of a business park serving the needs of primary employers will be given greater consideration for incentives. F The project will not create any negative environmental impacts and will comply with all environmental regulations. G. Incorporation of a green development concept will be given greater consideration for incentives. H. Funds from the Corpus Christi Business and Job Development Corporation (4A) are not available for retail incentives. 1. Smart growth concepts as defined by EPA shall be considered by the City in the project evaluation. Fee An application fee or $5000 will be submitted at the same time the application for economic incentives is submitted. The City at its discretion may consider waiving a portion of the fee upon request. The fee must be paid in the form of a check or money order and made payable to the City of Corpus Christi, Texas. The fee will offset some of the administrative cost to process the application and finalize the Tax Incentive request. 12 Page 1 of 2 A RESOLUTION APPROVING THE CITY OF CORPUS CHRISTI TAX INCENTIVE POLICY FOR LARGE RETAIL /MIXED USE DEVELOPMENT AND REDEVELOPMENT WHEREAS, there is a need to develop a policy to guide decisions regarding granting of tax incentives for large retail /mixed use development and redevelopment. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS- SECTION 1. That the City Corpus Christi tax incentive policy for large retail /mixed use development and redevelopment attached hereto is approved. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM'. June 20, 2007 Gary VIR Smith Assistant City Attorney For the City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H LEG -DIR\ Shared \GaryS`agenda \20(? \6 -26', Res- TaxincentivePolicyforLargeRetail .doc Page2of2 Corpus Christi Texas 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo. Sr. Mike Hummed Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchor M:1 EG- DIR1Shared\GaryS', agenda\ 200-\ 6- 261Res- TaxlncertwePolicyforLargeRetail .doc 20 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: June 26 2007 AGENDA ITEM: 'Motion authorizing the City Manager to execute a Preliminary Infrastructure Financing Agreement with Crosstown Commons, LLC (Developer) to set forth terms, conditions and obligations by which the Developer and the City intend to participate in the development of a Lifestyle and power center tc, be known as 'Crosstown Commons" to be developed on an approximate 220 acre tract north of Holly Road between Crosstown Expressway frontage road and Greenwood Drive ISSUE: Crosstown Commons, LLC; developer of Crosstown Commons, a proposed lifestyle and power center, has requested an agreement with the City that sets forth understandings, obligations and duties of the City and the Developer relating to 1) the terms for financing certain infrastructure and related costs of the project through a tax increment financing zone (TIF); 2) the obligations of the Developer concerning the construction of the improvements by the Developer relating to the Project; and ;) the procedures for creation of Crosstown commons TIF and its administration. The TIF zone will consist solely of the Project site and total reimbursement to the Developer of an amount equal to $40,000 000 out of total infrastructure project costs estimated TO be $58281,204 REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Preliminary Infrastructure Financing Agreement with Crosstown Commons, LLC, (Developer). Oscar R Martinez Assistant City Manager Attachments; Prelinary Infrastructure Financing Agreement Exhibit A _ Crosstown Commons Site Map Exhibit B - Crosstown Commons Infrastructure Project Costs BACKGROUND INFORMATION Crosstown Commons is a proposed mixed -use development, including a life style and power center which will include approximately 2 2 million square feet of space dedicated for department stores, retail shops, restaurants, hotel, general office and multifamily residential components. To fully develop the mixed use facility, the Developer has proposed that in order to obtain a reasonable rate of return on its investment of into the project, a tax incentive through a Tax increment Finance zone (TIF) created exclusively on property owned by the Developer is required The TIF is proposed to capture the increased increment of ad valorem and sales tax generated by the proposed new development. These incremental revenues will be deposited into an account that will be used to reimburse the Developer for capital costs associated with the building of $40 million of the projected %58,281,204 of total infrastructure project costs. The agreement contains specific language regarding the financial terms; Developer and City obligations and procedures for creation of the TIF The terms of this Preliminary Infrastructure Financing Agreement shall be the basis of the final Infrastructure Financing Agreement developed upon creation of the FIF Project construction is expected to he completed by 2011 Some of the key provisions of the Preliminary Infrastructure Financing Agreement are: k) That 70% of the tax increments from ad valorem taxes on real property and improvements and 70 %, of the City $.01 sales tax increments less the amount of sales tax generated by relocations will be ased to determine the amount deposited into the TIF account. 3) The following will be excluded from inclusion as an increment to be paid to the TIF: I Municipal Ad Valorem taxes generated by personal property included in the Project; 2 All sales and use tax collected by the City for crime control district or pursuant to 4A of the Development Corporation Act; All hotel or motel taxes generated by the Project; and All utilities revenues and other fees collected by the City from the Project. C) The Developer agrees that ,f relocations of existing retailers occur in excess of thirty percent of the gross floor area of retail space in the Project, the Developer will not be eligible to receive reimbursement for any costs other than those designated as off -site infrastructure improvements currently estimated to be $13,218,750. D) If the City obtains funding from other sources (e.g., State or federal funds or applicable development trust funds) any such funding shall be credited against the amount to be reimbursed to the Developer E) The Developer agrees 1) to comply with all applicable ordinances, meet job creation requirements, 2) te utilize local contractors and suppliers in an amount equal to thirty BACKGROUND INFORMATION The costs of the City and Developer in creating the TIF shall be the first costs reimbursed from the revenues. G) The City agrees to adopt an ordinance designating the Project site as the Crosstown Commons TIF H) The City agrees to create a local government corporation and a TIF Board and enter into a tri -party agreement setting forth the terms under which the TIF will be and implement the project and financing plan The City agrees to cause the local government corporation to issue bonds secured by the tax increments The proceeds from the sale of the bonds will be used to reimburse the developer the amount of $40 million of eligible project costs that must be approved by the Cit4 DRAFT 6/20/2007 PRELIMINARY INFRASTRUCTURE FINANCING AGREEMENT This Preliminary Infrastructure Financing Agreement ( "Agreement ") is entered into by and between the Cite of Corpus Christi. Texas, a home -rule municipal corporation (the "City ") and Crosstown Commons. LLC. a Texas limited liability company, ( "Developer ") formed by Hawkins Companies, 1.1a. , an Idaho 1imited liability company, and CBL & Associates Properties,. Inc., a Delaware corporation. The purpose of this Agreement is to set forth the terms, conditions and obligations of an agreement between :he City and the Developer pursuant to Chapter 380 of the Texas Local Government Code by which the De'- eloper and the City intend to participate in the development lifestyle and power center to ne known as "Crosstown Commons" (the "Project ") to be developed on an approximately 220 acre site in Corpus Christi, Texas. The conceptual plan for the Project is attached as Exhibit A 1 his Agreement wi11 evidence the understandings between the Developer and the City regarding the acquisition and development of the Project by the Developer upon a site that is generally a vacant. unproductive parcel of land which, upon completion of the Project, will contain approximately 1, %01),000 square feet of retail space in a planned mixed -use development designed w contain approximately ",200.000 square feet in total, on the terms and conditions set torth in this Agreemc °nt This Agreement contains the agreements, understandings, obligations and duties of the City and the Developer relating to 1) the terms for financing certain infrastructure and related costs of the Project through a tax increment reinvestment zone or comparable tax rebate program to be commonly known as the "Cry sstown Commons TIF" consisting solely of the Project site together with those adjacent roadway and easement areas on which off -site public infrastructure improvements are planned. 2) the obligations of she Developer concerning the construction of various portions of the improvements y the Developer relating to the Project; and 3) the procedures for creation of the Crosstowna Commons TIF and its administration. The terms and conditions of this Preliminary Infrastructure Financing Agreement shall form the basis of the Infrastructure Financing Agreement approved as part of the Crosstown Commons TIF proceedings described in Part III be,. w 1. Agreements Regarding Crosstown Commons TIF Financing Terms A Developer's Construction of All Infrastructure. In reliance upon the City's approval of this Agreement under Chapter 380, the Developer agrees to proceed with the acquisition of the Project site, the development of the Project, and the construction of the infrastructure improvements for the Project, a portion of which are described on Exhibit B attached which are determined by the City to be eligible "project costs" under Chapter 311 of the Texas Tax Code. The Developer shall pay all engineering, planning, accounting, architectural, legal fees and expenses. survey testing, laboratory costs, license fees, land clearing and. grading costs, >( CJM OscarM f ( ',:.5- ' , snp.P1t. A LX)(. DRAFT 6/20/2007 advertising and other bidding costs. amounts due under construction contracts, costs of labor and material. insurance premiums, and other costs and expenses incurred in connection with the construct orr of such intrastructu -e improvements, which costs are estimated to exceed 558.000,000. The City shall not burr anv of such costs out of its current revenues or funds. B City's Limited Obligation of Reimbursement. Subject to the limitations provided helov , the City agrees, through the creation of the Crosstown Commons TIF and the related proceedings described in Part 11I, io reimburse the Developer costs verified by the City or its designee in an amount equal to $4),00(,000 of the above capital costs and other costs paid or incurred h■ the Developer in frnank rng. planning, managing, designing, acquiring, constructing, and installing the proposed impro vements listed in Exhibit B attached hereto and obtaining reimbursement therefor, whether before or after the date of this Agreement. The City's obligation for funding reimbursements is limited to revenue derived or received from the Property Tax Increments and Sales Tax Increments (as such terms are defined in Section C below) and pursuant to the planned issuance of bonds as described in Part III. The City agrees to utilize its authority under Chapter 1 1 Lit the Texas Tax Code, Chapter 380 of the Texas Local Government Code. and Chapter 43 of the Texas Transportation Code in order to effectuate its obligations under this Agreement. ( Sharing of Tax increments. T'he City agrees for the limited duration of the Crosstown Commons TIF to deposit into the lax increment fund established for the Crosstown Commons 1'Il or otherwise rebate to the Developer the following portions of the tax increments (the "Tax increments") as such term Is calculated pursuant to Chapter 311 of the Texas Tax Code: 1 70° =, of the tax inx:rements generated by the Project from municipal ad valorem taxes on real property and inrprox ements (the "Property Tax Increments "); and 2 -0°,0 of 'he tax increments generated by the Project from the one cent (10) municipal sales and use tax (the "Sales Fax Increments "); provided that, none of the Sales Tax Increments generated by Relocations (as hereinafter defined) shall be included to the calculation ( f the deposited amount. The formula for the deposit of Sales Tax Increments shall be as tollou,s: 70 °, of (Total Sales Fax Increments -- Sales Tax Increments From Relocations) The parties specifically intend that the Sales Tax Increments generated by Relocations in the Project shall first be subtracted from the total Sales Tax Increments so that the sharing percentage will he applied _only to the net new amount of Sales Tax Increments generated by the Project. 1). Amounts Excluded From Tax Increment Fund. The following additional amounts are specifically excluded from inclusion in the tax increment fund for the Crosstown Commons TIF: I I municipal ad valorem taxes generated by personal property included in the Project; DRAFT 6/20/2007 2) A; sales and use taxes collected by the City for crime control and prevention ti-- pursuant too Sections 4A ( r 4B of the Development Corporation Act; hose or motel taxes generated by the Project; and 4 i utiht Les revenues and other tees collected by the City from the Project. The hale ad valorem taxes existing at the time of establishment of the t rosstown C +ammo as TIF 1- Definition of Relocations. A retailer shall be considered to have relocated from an existing location to the Project if it operated a retail store in the corporate limits of the City within two (2) years immediately preceding opening of the Project and it closes that store within two 2) years immediately following opening of the Project and does not open another location elsewhere in the fit. Fo= the purpose of this provision, the Project will be deemed opened at he time announced by the Developer atter at least 1.500,000 square feet of retail space has been developed rn the Project and is at least 90% leased or occupied. In the event that the new store in the Project is larger than rite closed store. the percentage of Gross Floor Area (as such term is defined in industry standards) which represents the increase shall not be considered part of the Relocation but shall he treated as new store sales. In the event that the new store in the Project is smaller than the closed store, no adjustment shall be made. Notwithstanding the foregoing, a `small business retailer may relo. ate to the Project and not be considered as a Relocation. A `small business retailer" is define() as a single retailer having 10 or fewer employees and not occupying a multi -- tenant tacilitv w- -thin !:lie corporate Limits of the City. Calculation of Relocations Sales. In the event that the Developer is able to obtain actual sales information ti-om all stores which are Relocations, the sales and use taxes from the actual sales shall be subtracted from the total Sales Tax Increments as provided in Section C abo..e. The Developer agrees to exercise reasonable efforts to obtain actual sales and use tax t_nformatton from each store which is a Relocation. Alternatively, the City and the Developer agree to seek an agreement with the l exas Comptroller of Public Accounts concerning the ,ategonzation of Sales ax Inc ements generated by the Crosstown Commons TIF for compliance with these provisions. in the event that the parties are unable to obtain actual sales in format ion for the Relocation stores, the amount of sales shall be determined on a proportionate basis utilizing the (irons floor Area of The store (excluding any increase in size from the closed location) compared to the Gross Floor Area of retail space in the entire Project as completed on the (late o t such caletzlatio= , Limitation on Relocations. The Developer agrees that in the event Relocations exceed 1% of the total (iross Floor Area of retail space in the Project, such event shall be a default hereunder and the Developer shall forfeit the right to receive reimbursement for any of the capital costs for the projects outlined on Exhibit B other than those projects which are designated as Off -Site lnfrastructure Improvements i. Reimbursement From Other Sources. In the event that the City arranges for reimbursement of any of the Developer's infrastructure costs from other sources, such as TxDOT DRAT 6/20/2007 or applicable trust hinds established ti r such purposes, any such reimbursements shall be credited against the 540,00)0,000 be reimbursed to Developer pursuant to the Crosstown ( ommons FIF and the sharing ratio for Tax Increments shall be proportionately reduced so that tor the duration of the TII= the same coverage ratios apply to the reduced amount as applied to he original amount of 4O,00O,OOO I Continued Operations. T`te Crosstown ('ommons TIF shall continue in existence for a period ending 25 years from the late of opening of the Project. The Developer agrees to maintain the Project as a major retail <tnd mixed use development for the duration of the Crosstown Commons TIF Any default in such obligation shall result in the forfeiture of the right to receive reimbursement fir any of the capital costs for the projects outlined on Exhibit B other than those projects which are designated as Off- -Site Infrastructure Improvements. Il. Obligations of the Developer Concerning Construction of the Project A Compliance with Ordinances. The Developer agrees to comply with all City master plans, zoning ordinances, building codes and other applicable City ordinances and regulations in connection with the Developer's construction of the Project, subject to compliance with any Development Agreement entered ihto by the Developer and the City in connection with the Protect. B. Creation of New Jobs. ''he Developer agrees to construct the Project and assure that at least 500 new jobs will be created by retail establishments located within the Project within six 6) months of completion of the Project_ which jobs will be made available principally to local residents Fhe Developer shall obtain certification from its tenants or occupants as to the number of new jobs created to compliance with this provision. (" Utilization of Local Contractors and Suppliers. In consideration of the approximately S27,OOO,000 in reimbursements provided above for the On -Site Infrastructure portion of the Project costs, the Developer agree!: to exercise reasonable efforts in utilizing local contractors and suppliers in the construction (A Project with a goal of at least 30% of the total dollar amour of all construction contracts and supply agreements being paid to local contractors and suppliers. A contractor or supplier shall be considered as local if it has maintained an office within the Corpus Christi \ISA for at least one year. This goal shall apply to the total amount of all construction contracts and supply agreements made by Developer in connection with the d,onsttuctton of the Project not just the construction contracts and supply agreements made in connection with the infrastructure improvements listed on Exhibit B. The parties acknowledge that some construction and supply agreements will be controlled by particular tenants of Developer and not under the control of Developer. Developer agrees to encourage such third parties to adopt a comparable goal of 30° of their construction costs, but the City acknowledges that Developer has no lega= authorit in connection with such third -party contracting. 1.) Utilization of Disadvantaged Business Enterprises. In consideration of the approximately $27,000,001) in reimbursements provided above for the On -Site Infrastructure portion of the Project costs, the Developer agrees to exercise reasonable efforts in utilizing 4 DRAFT 6 /20/2007 contractors and suppliers in the construction of the Project which are determined to be disadvantaged business enterprises, including minority business enterprises, women -owned business enterprises and historical' - underutilized business enterprises. In order to qualify as a business enterprise under this pro\ ision, the firm must be certified by the City, the Regional transportation A utli4.inao. another _governmental entity in the jurisdiction of the home office of the business as complying .vith state or federal standards for qualification as such an enterprise. ; he Developer agrees to t. goal o t at least 25% of the total dollar amount of all construction contracts and supply agreements being paid to disadvantaged business enterprises, with a priority wade for disadvantage business enterprises which are local. The following table shall establish the portion of a contract NA ;th a disadvantaged business enterprise which shall count towards the goal: Disadvantaged Business Enterprises in Corpus Christi MSA 100% Disad h antaged Business Enterprises elsewhere in Texas 80% Disadvantaged Business Enterprises outside Texas 60% contractor or supplier shall be considered located in the Corpus Christi MSA if it has maintained an office within the Corpus Christi MSA for at least one year. This goal shall apply to the total amount of all construction contracts and supply agreements made by Developer in connection with the construction of the Project, not just the construction contracts and supply agreements made in connection with the infrastructure improvements listed on Exhibit B. The parties acknowledge that some construction and supply agreements will be controlled by particular tenants of Developer and not under the control of Developer. Developer agrees to encourage such third parties to adopt a comparable goal of 25% of their construction costs, but the City acknowledges that Developer has no legal authority in connection with such third -party .ontractrng. Fair Share Agreement. to Developer agrees to enter into a Fair Share Agreement with the City pertaining to the ach_evement of the above goals. The Developer shall assist the City- in recruiting a person or firm to provide independent verification and monitoring of Developer's activities in connection with the above goals. Such person or firm shall be responsible for reviewing tale contract information for the contacts made by Developer, verifying the eligibility of the firms identified as meeting the requirements stated above, and providing quarterly' reports to the Co v cancer ping the Developer's achievement of the goals in connection with construction o° the Project.. 1 he person or firm may rely upon the determination made by the Cite or another governmental as to the qualification of a contractor or supplier as a disadvantaged business enterprise under section D above. The costs of such verification and monitoring during the construction period shall be subject to the approval of and paid by Developer Such casts shall not he subject to reimbursement as administrative expense of the r_ :'rosstown Commons TIF DRAFT 6/20/2007 III. Preliminary 1 nderstandings of the Parties Regarding Creation and Administration of the Crosstown Commons TIF and Related Matters A Prerequisites o f TIF. The Developer may initiate the formation of the a tax increment reinvestment zone comprising the Crosstown Commons TIF by petition or the process may be initiated as otherwise provided in Chapter 311 of the Texas Tax Code. With the assistance of the Developer, the City shall prepare a preliminary reinvestment zone financing plan that shall specify the eligible " projei t costs, as defined in Chapter 311, which shall be available to be financed or reimbursed pursuant ti the final infrastructure Financing Agreement between the City and the Developer. The City additionally shall provide a 60 -day written notice of the City's intent to designate the Crosstown Commons TIF as a zone and of the hearing on its proposed designation to the other taxing units that levy property taxes within the area of the Crosstown Commons FIF. Such not ice shah contain a description of the proposed boundaries of the Crosstown Commons TIF ..he tentative plans for its development, and an estimate of its general impact on property values .ind tax - evenues. The City shall provide any additional information requested by the other taxing units. and agree to meet with representatives of such taxing units upon their request to discuss matters relevant to the proposed Crosstown Commons TIF. The City further agrees to pro k, ide a fin mal presentation to the governing body of each taxing unit hat levies real property taxes within the proposed Crosstown Commons TIF as required by the lax ( -ode and hold a publiL hearing on its creation. at which the City shall evaluate the proposed benefits and allow ain. interested person n, speak and voice objection to the inclusion of property within the proposed Crosstown Commons TIF. The City shall publish notice of the public nearing at least seven days prior to the hearing in a newspaper of general circulation in the City. he costs and expenses oh he City and the Developer in creating the Crosstown Commons TIF hall he the first eosts reimbursed from the revenues. B Establishment of Crosstown Commons TIF. Upon completion of the foregoing actions, the City agrees to adopt an ordinance designating the Project site together with those adjacent roadway and easement areas on which off -site public infrastructure improvements are planned as a reinvestment zone to he known as the Crosstown Commons TIF. The adopted ordinance shall include: 1) a description the boundaries of the Crosstown Commons TIF with sufficient detail to identify the territory within the Crosstown Commons TIF; 2) a designation of members to serve on the board of directors for the Crosstown Commons TIF and the number of directors of the board; 3) a provision that the Crosstown Commons TIF will take effect immediately on passage of the ordinance 4) the date for termination of the Crosstown Commons TIF; 5) a name for the reinvestment zone as provided under Tax Code Section 31 1 004(5), the zone to be commonly known as the Crosstown Commons TIF; 6) a provision establishing a tax increment fund for the Crosstown Commons 7) findings that the improvements within the Crosstown Commons TIF will significantly enhance the value of the taxable property within the Crosstown Commons 11F and will be of general benefit to the City; DRAFT 6/20/2007 h? z finding that he area meets the criteria for designation of a reinvestment one under 1 ix Code Section 31 005; findings that he total appraised value of taxable real property in the proposed (rosstow71 Commons TIF. and in the City's existing reinvestment zones, does of exceed fifteen percent otthe total appraised value of taxable real property in the City tine in the Industr al districts created by the City; and that the proposed Crosstown ommons ill' doe, not contain snore than fifteen percent of the total appraised value of real property: taxable by ar :,v county or independent school district that taxes property ithin the Crosstown Commons 71F: and authorization tor the board of directors of the Crosstown Commons TIF to exercise any of the required powers with respect to the administration, management or operation .of the Crosstown ti ommons TIF or the implementation of its project plan. Adoption of Plans. The City additionally agrees to adopt an ordinance approving the Project Plan and Financing Plan (the "Plans ") that are prepared and approved by the Crosstown ommons TIF Board tha° includes the proposed improvements listed in Exhibit B attached hereto and any other project costs to be funded by the Board either through a reimbursement, financing, =r 38( grant program as necessary to complete the Project for its intended purposes. The ordinance shall adopt findings that the Plans are feasible and conform to the master plan of the City Such Plans shall include < t a minimum the following: x map showing existing uses of real property within the Crosstown ommons 1 11= and any proposed improvements; any proposed .. hanges to zoning ordinances. the master plan of the City, 1?.u�lding codes or F74her municipal ordinances; list f estimated non- project costs; 4) a statement of the method for relocating persons who will be displaced as a result of implementation of he plans; 5 ) a detailed list < f the estimated project costs of the Crosstown Commons TIF, including administrative expenses. a list = f the kind. number and location of all proposed public works or public nprovements within the Crosstown Commons TIF; ) an economic feasibility study . the estimated amount of bonded indebtedness to be incurred; y) the tinning for incurring costs or monetary obligations; 0) the methods for financing all estimated project costs and the expected sources of revenues, including the percentage of tax increment to be derived from the property taxes of each taxing unit that levies taxes on real property within the Crosstown ommons TIF; 11) the current total appraised value of taxable real property in the Crosstown ommons TIF; 12) the estimated captured appraised value of the Crosstown Commons TIF .wring each year 01 its existence; and 1 3) the duration of the Crosstown Commons TIF. DRAFT 6/20/2007 L1 Creation of Local Government Corporation. The City agrees to authorize the creation f a local government corporation t "LGC' and approve its articles and bylaws and initial board of directors, upon the concurrence of the Developer and the proper filing of an application to create such LGC to act on behalf o t the (_pity in the administration of the Crosstown Commons [IF and the implementation of the plans for the Crosstown Commons TIF. The board of directors of the I.CrC shah be comprised of members of the Corpus Christi City Council. The City agrees to apprc =se an agreement between the City. the Crosstown Commons TIF and the GC ("1st-Party Agreemert") setting tbrth the terms under which the LGC will administer the Crosstown Commons TIF ;tnd implement the project plan and financing plan. Pursuant to the ri -Party Agreement, the City agrees to approve the terms and conditions of a development r-eunhursement agreement entered into between the Crosstown Commons TIF, the LGC and the Developer, which terms ano conditions shall be consistent with the Tri -Party Agreement and the project plan and financing plan, and may include reimbursement for any project costs listed therein subject to the limitations of this Agreement, including any reasonable TIF creation and administration costs advanced by the Developer and approved by the City. F issuance of Bonds. The City agrees to use reasonable efforts, consistent with then prevailing market conditionse to issue or cause the LGC to issue, bonds and notes "Obligations "), secured hs the Fax Increments, the proceeds of which will be used to reimburse the Developer the amount of $40,000,000 for Project Costs advanced by the Developer and authorized to be paid in accordance lk ith the approved project and financing plan, on the t011owing terms and Condit ions The Obligations will be issued upon the later of when 1) the t ity has determined that the Project is substantially complete, and 2) such Obligations can be ssued, In one or more series or tr;aunches, on commercially reasonable terms including such reserve r equirernents. cov erage requirements, credit enhancement features, interest rates and ether features consistent >vith bonds issued by similar entities of like quality and credit worthiness. including, but not limited to, obligations issued by the North Padre Island Development Corporation secured by tax increment revenues to fund the costs related to the dredging _tf°and constructicm of improvements related to Packery Channel. The Obligations shall be deemed to be abler to be issued E“-r commercially- reasonable terms if a financial advisor hired �v the issuer determines .hat suc_-' Obligations can be underwritten, marketed and issued, factoring to the criteria stated in this paragraph, subject to the limitations set forth in the project and financing plan ti >r the rosstowii Commons TIF, including, without limitation, projections of Tax Increments and any additional evenues available to support the payment of debt service on such Obligations F Creation of Public Improvement District. Upon the request of the Developer, the City agrees to authorize the creation of a public improvement district ( "PID ") pursuant to Chapter 372 of Texas Local Government Code it order to provide additional revenues to support the payment of debt service on any Obligations issued as provided above. The creation, method of assessment and administration of the 1'1D shall he as provided by the Developer, subject to ;approval ,)t the (it`G G Obligations of Developer. The Developer agrees to assist the City in the preparation of any documentation necessary for the preparation and approval of any of the documents or actions required by the Cit °.- to create the Crosstown Commons TIF, the LGC, and the PID, as DRAFT 6/20/2007 (Iescribed above. The Dev cloper further shall prepare or cause to be prepared any preliminary architectural or engineering plans and financial data and projections necessary to create the Crosstown Commons TIF and adopt the project and financing plans. The Developer agrees to proceed in good faith towards the purchase of the Project site, and, subject to the creation of the "1} t.CiC and P1}) as provided above and the terms of the final Infrastructure Financing Agreement to proceed w3 h the development of the Project and the implementation of the proposed project and financing plan for the Crosstown Commons TIF. N Good Faith Negotiations. 1 he parties agree to negotiate in good faith toward a legally - binding Infrastructure Financing Agreement among the TIF Board, the LGC and the Developer. The Cite shall delegate to the Crosstown Commons TIF Board and LGC any powers necessar to compl'; with this section_ The parties agree that the Infrastructure Financing Agreement shall contain the material provisions set forth in this Agreement. Within a reasonable period after the execution if this \greement, the parties agree to cause their respective legal :_ounsel to prepare drafts o{ all documents required for the creation of the Crosstown Commons 1F the lnfrastructu -e Financing Agreement. and. to the extent required, the LGC, the Tri-Party .Agreement, and the P1D. together with anv other agreement provided for in this Agreement for delivery 0) the appropriate parties and their respective legal counsel. IV. (;mineral Provisions A. Small Business Initiatives. The Developer agrees to provide financial and other support for small business initiatives of the (ity as provided by City policies. B Notices. Any notices given pursuant to this Agreement shall be in writing and shall be given by personal service, by facsimile, by United States Mail or by United States Express Mail or other established express delivery service (such as Federal Express) or by certified mail, postage or delivery charge prepaid, return receipt requested, addressed to the appropriate party at the address set Forth below: If to the Developer: w Crosstown Commons LLC 8645 West Franklin Road Boise Idaho 83709 ATTN: Legal Department ,:op.), to. CBL & Associates Limited Partnership 2030 Hamilton Place Blvd, Ste. 500 Chattanooga, Tennessee 37421 -6000 ATTN: General Counsel wv <_ .pop' to John I). Bell Wood, Boykin & Wolter, P.C. 615 N. Upper Broadway, Suite 1100 Corpus Christi, Texas 78477 DRAFT 6/20/2007 If to the (itv w`a.,:opvto City of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 ATTN: City Manager City of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 ATTN: City Attorney C Indemnification. The Developer agrees to indemnify, defend and hold the City, and its council members, officers, employees and agents, harmless from any actions, suits, liens, claims, damages, expenses, losses and liabilities (including reasonable attorneys' fees and expenses) arising from or in connection with its proceedings pursuant to this Agreement, which indemnity shall survive any termination ofthis Agreement. D Assignment. This Agreement may not be assigned by the Developer without the prior wntten consent of the City acting by and through its City Council, which consent shall not be unreasonably withheld or delayed. 1 xecuted this day of une• 2007. CROSSTOWN COMMONS, LLC. CITY OF CORPUS CHRISTI, TEXAS A "Texas limited liability company A Home -rule municipal corporation By Bv: • Jeffery L. Hess. President George Noe, City Manager 10 . o 0 cr) C 2 0 s-_-, h-r.7,- -'----------'-- - 7-3Vrri-trThrflmt7-1:1rtflitrrk, 7: \ 7 g. 1 , ,.,t (p', , . (,) 0- ,D 3 (, ,, g. 1 ...1 ; ' . ,, = ',.., ; ' , 41'. '• r.1),..'''' -1 ;.- r1,' . ' , 7E: i'-*■- .'-‘-: : in or 12. 0 3 W .-Z ■ ' -'1, ',I 8 1 A / / 41: , - \ -?. s'.. \ ..,/ Y >,.. il!,;' . , 's.'-' \ '4 '' \ .-r*:'''...:• ,, iv ,-.4.1.-p4.,„:::. i , )) „ \ : -. ".„,-: '- . : • • .,,,,,' :„' _ , r , '414E1- r Jur kiii:. \„/ L.,,, PI ' EXHIBIT A Greenwood Drive ift 3W+411 In rmnr • :71 14+0411+41 1-t-111-41-I1 ica .,4t-0-4414-4R11-1-14115:24 '4,-,1-4141.14-4-1-1-1111141 -0 3 < m 5 3 14= 1 7 a co rit a Cl rE (Z, o 3-, m a 7 co .-, rt1 A*11401410 1 ,r7rryr-taf, 1:41-111-141 1 1, [11 1liIHH ill 14 I 10, I • 3,71-1,nricrmr-1.-murrr0r, ri • 11,111-1-1-111H1-013/4410141HF1IHI 1 1" E 1 0-1410-Hitilf[ffiltH*111+D il-1-1-11141-1-1111144341144+H1441 7,«"S • 11411*-0411M-HiE1-1) 1 (1+11H11-“111141-1-1111-0 ". c.W.111.111.1.111.U11_11:, /,‘, ii F,-17 1',I0,1,4.F . 2 4,4 1'111 11 2_ A. , , r -rrrn-rr .: ' hi J ; 9 .„,.1‘= I ,i,:+ittiilim 1. i)., 'w< -'.. IEi - .r ft Pfl i / - r .. : . . .' > ....+..444. 1 s) - . x 1 i i I + 3:' , 4: -1 , ? 'A-Hiii-111410-414(E1 g I ,,--4H-ik IR It- .-1 . 11-1.111.111.1.VIALUuri -'-' ----J 1 '1-111141-411-14F 1 1.-1 riiii-Hlfhiitilitlitti 711-1mniim r- r 117- n -r. 7,1 dili+1101111.1-HiHf ■ -Frfrrr mittmifttioie•, --- a 1111 ti num 1111111' -e um1ift-m-4w. --r : anwitoi+ififr. '.. .2 U111111%1111111 1110 1 1 z [Htlififliiiirl_g. ii i . I - 1111-111414+11-14k; . f. iiiff11-114411i4114111.0 • 1 . ,t,' '.,■'Itr,ittltfl 4 . 44-11141.01-114411f 0 1-1411011-11141141141-0 1,1-1-1111-10011-1 F_ •111171131, Wirt G-H141141411,41'a3 11 r 4 1+4,11H+111-:#411-N1t0 • 1-1-1111#1-1-111H4-1411111411-11130 0-1-■ ■1111111,11,1111■111111111,, +."'" • I ,„m„ j I 1 - -it I 11111 1 III 1111111111 1111 0 1 _ - - ,.:rosstown Expressway- EXHIBIT B Crosstown Commons Infrastructure Project Costs Off -Stte Infrastructure Improvements Sdverbe r rtrance Read impro•e, -tints 176,250 Hotly Road Widening 6,662,250 =oastai Crosstown Dave Improvements 3,149,000 SPID Frontage Road'; rn Lane Ire noverne Its 117,500 Rigtrt Turn Lane at Greenwood 88,125 Re- Striping Crosstown Expressway Frontage Road 29,375 raffic Signal at Holly Rd/Victor Lana Ortega St 293,750 - raffic Signal at Holly Rd/Martin St 293,750 raffic Signal at Greenwood RdiHa a Pit Hi 293,750 - raffic Signal Interconnect 293,750 Site Perimeter Water Main Extensions 458,250 'Storm Sewer ";,ilvert 7xlenSiOr 1,363,000 $13,218,750 On -Site Major Roadway Infrastructure Improvements Roadway Base and Paving 5,576,981 Storm Drainage 4,223,533 Detention Constructo- 4llowance 1,028,260 $10,828,774 On -Site Additional Infrastructure Improvements 'ublic Water _,nes in E- 3sements err ro Meter 3,390,064 Public Sanitary Lines Easements .;p to ap Point 2,468,506 Additional Storm Drainage 7,621,716 tbiic Park,ng ` ac htie= 10,586,414 Street _rghtnc 816,625 andscap rig 3,754,125 edestran -iardscape lifestyle 1,836,230 primary Electric Servi„F- 2,173,750 7cuntansfWater features - lifestyle 1,175,000 Street Median .andscaoing 411,250 $34,233,680 Total $58,281,204 O W N 0 O W I-� W CFI J OA aad tb69'L9£'££Z 0 0 0 0 0 0 0 0 W W W W W W W W F-j i-� I-j I--♦ E--� I -A F--► N I-� F-" F-1 F"" N► F-1 I-1 00 ■i Cr) t!1 -Ph W N N N N N N N IL N N F" O O kD 00 -Q 10 N ■! 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In to to 341 ill J1 Lit �t1 � 1 Ul � W N F-• O tO V V V: V V V V v v v V V 0 W V 1-+ ti1 CO 0 Cr, 00 tit LC Cf1 v CO 01 V 00 LP 00 Cr, Q1 l0 01 N N r t0 01 A N V V 14 W -- W -CO -' Cr, 00 V -i W O t0 t0 A N A r Uri V IA O N 341 clt 0 VI V -,r Ut N V .; •-2 0 N V V 0 N 0 O L^ O O ut 0 O 0 O .. _t 1,n Li 0'1 to 0 to to tft 0 to O 0 I +d 1p ;ol Net Debt Service Schedule r0 C (D r-r O� tn .y 21 AGENDA MEMORANDUM AGENDA ITEM: June 26, 2007 Motion authorizing the City Manager to execute a Development Agreement with Crosstown Commons, LLC. (Developer). to establish development requirements for Crosstown Commons. a proposed mixed use development located north of Holly Road between Crosstown Expressway frontage road and Greenwood Drive. ISSUE: Crosstown Commons, LLC, developer of Crosstown Commons, a proposed mixed use development, expects full build out of the project to take several years. The Development Agreement will apply a consistent set of development standards for the duration of the project. All development within the project will conform to the Platting and Zoning Ordinances except as specifically modified in the agreement REQUIRED COUNCIL ACTION: Council authorization for the City Manager to enter into a Development Agreement with Crosstown Commons. LLC, (Developer). RECOMMENDATION: Staff recommends approval of the motion as presented. !iLj'uA Deborah A Marroquin, PEE Interim Director of Development S4fices Attachments: Exhibit A Exhibit B Exhibit C Background Information Site Plan Development Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Crosstown Commons, LLC, Developer, is developing approximately 227 acres of land located north of Holly Road between Crosstown Expressway frontage road to the east and Greenwood Drive to the west as shown in Exhibit B. Crosstown Commons is a proposed mixed -use development, including a life style center, power center, hotel, office and residential components consisting of traditional department stores, retail shops, restaurants, hotels, general office, and multifamily uses. The Agreement authorizes the development of commercial, retail, office, multifamily housing and hospitality and uses with pedestrian amenities integrated throughout the project The Developer expects full build out of the project to take until 2011. Existing City Ordinances require that final plats must be completed within one year from the date of approval of the preliminary plat. With the expected development time frame being longer than one year, the Development Agreement will apply a consistent set of development requirements for the duration of the project. All development within the project will conform to the Platting and Zoning Ordinances except as specifically modified in the Development Agreement. Items specifically addressed or modified by the Development Agreement are: • Access and Circulation Limits the number of vehicle access points on the streets adjacent to the project. Provides shared access easements between lots and allows access to public streets either directly or by way of shared access easements. This is similar to the current Platting Ordinance which requires each lot in a subdivision to have access to a public street, Off- Street Parking, Loading, and Stacking Parking is calculated on a Composite Parking Ratio basis for the project as a whole without regard to parcel ownership or land use. The entire development will be governed by an operating agreement granting cross access and parking easements between lots. The current Zoning Ordinance allows shopping centers to use a parking ratio of 1 off- street parking space for each 220 square feet of gross floor area. This is consistent with the parking ratio in the Development Agreement of 4.5 spaces per one thousand square feet of gross floor area. 1 of 2 Exhibit A Loading is per the current Zoning Ordinance. Stacking delineates the size of stacking spaces and requirements for drive- through windows. • Landscaping, Buffering, and Screening Provides for internal landscaping and buffer areas. The landscaping requirements are more detailed and extensive than what is currently required by the Zoning Ordinance. Buffering exceeds what is required by the Zoning Ordinance. Screening provides for screening of mechanical equipment and refuse areas. • Outside Display, Sales, and Storage Provides for display, sales, and storage area percentage without impeding parking areas • Signs Signage is per the current Zoning Ordinance. Section 33- 1.02.07 is excluded because it does not apply to the arterial streets surrounding the development. • Outdoor Lighting Limits glare and excessive illumination onto streets. Project lighting must not exceed 1.0 foot- candle illumination measured at the edge of any off -site residential area bordering the development. Outdoor Lighting is not addressed in the current Zoning Ordinance. • Building Design Provides for building material, design, and architectural articulation. The Zoning Ordinance does not address the items covered in Building Design. Prohibited Uses Prohibits vehicle related uses, appliance repair shops, industrial uses, etc. currently allowed by the Zoning Ordinance for B -4 zoning. • Deferment Agreement for Plat Approval Mows Developer to record plat and obtain building permits by providing a letter of credit to cover 110 ° %0 of the cost of required public improvements. The Platting Ordinance requires Deferment Agreements to be approved by the Planning Commission and City Council. The Development Agreement provides for Deferment Agreements to be approved administratively by the City Manager. The Planning Commission, at its June 13, 2007 meeting, recommended execution of the Development Agreement and recommended the Development Agreement be recorded in the Official Public Records of Nueces County subsequent to the Developer closing on the property 2 of 2 Exhibit A -11111.1111111thaulliallisaV- L I 11 IL Ifl • 004.10 pOOMUllaie 0 co ri c 1-• E E 5 o 2 0 Exhibit B DEVELOPMENT AGREEMENT By and Between tHE CITY OF CORPUS CHRISTI, TEXAS and CROSSTOWN COMMONS, LLC FINAL 6/20/07 Exhibit C DEVELOPMENT AGREEMENT MIS DEVELOPMENT AGREEMENT ( "Agreement ") is made and entered into as of this day of . 2007 the "Effective Date "), by and between THE CITY OF CORPUS CHRISTI, TEXAS, a home rule municipality located in Nueces County, Texas (the 'City "'). and CROSSTOWN COMMONS, LLC, a Texas limited liability company, or one of it affiliates (the "Developer") . The City and the Developer may sometimes be referred to in this Agreement as a -Party" , it the "Parties' RECITALS X. The Developer desires to develop an approximate 227 acre tract of land located north of Holly Road 'between the Crosstown Expressway frontage road to the east and Greenwood Drive to the west as depicted in the conceptual plan described on Exhibit "A" attached to and made a part of this Agreement, and as more particularly described on Exhibit "B" attached to and made <i part of this Agreement (the "Property "), commonly known as the C rosstown Commons center. a mixed use commercial, retail and residential development (the `t'roiecE ") B. The City recognizes the positive economic impact that the Project will bring to the C tty through development and diversification of the economy, reduction of unemployment and underemployment through the production of new jobs, the attraction of new businesses, and the additional sales and use tax revenue generated by the Project for the City, and without the construction of the Project, the City would not receive these benefits. I he existing ordinances of the City provide that final plats must be completed u ithin one year from the date of approval of the preliminary plat. Due to the size the Project, the Parties understand that the Project will take significantly longer than one year to complete. With the expected development time frame being longer than one year, the Parties desire to apply a consistent set of development requirements for the duration of the Project. D. The City and the Developer have collaborated in this Agreement to establish a set of development requirements for the Project, which in many instances are at a standard substantially above existing City development codes. which will apply to the construction of the Project for the duration of the Project. The Developer will directly finance, design and construct the Project and the City desires that the Developer construct the Project. for the Parties mutual benefit, upon the terms and conditions set forth in this Agreement. AGREEMENT NOV THEREFORE, in consideration of the foregoing Recitals (as if set out in full below) and =fthe mutual promises. obligations, covenants and benefits contained in this Agreement, the City and the Developer contract and agree as follows: AITICLE I: CROSSTOWN COMMONS — B -4 GENERAL BUSINESS DISTRICT 1.1 Location: 'he Project is approximately 227 acres located north of Holly Road, west of the rosstowr Expressway frontage road and east of Greenwood Drive. The Project is depicted on Exhibit "A" and a legal description of the Project is attached as Exhibit `B ". 1.2 Purpose: rhe goal of this Agreement is to provide a mechanism to permit the Developer to create a aistinctive. pleasing and coordinated mixed -use commercial, retail and residential development to serve the needs of the City's residents, to enhance the City's competitive position m the region and to satisfy regional demand for high quality commercial, retail and residential opportunities. The development will be designed to increase the City's property tax base and generate additional sales tax revenues as well as protect the existing gales tax base.. 1.3 General Description of the Project: I'he Developer proposes the development of a mixed -use development, including a life style center, power center. hotel, office and residential components consisting of traditional department stores, retail shops, restaurants, hotels, general office and multi - family uses This Agreement authorizes the development of commercial, retail, office, -multifamily housing and hospitality land uses with pedestrian amenities integrated throughout the Project It is anticipated that individual tracts or parcels within the Project may be sold or leased as development progresses. There shall be no limit on the number of tracts or parcels that may be created within the Project provided that all such lots meet the requirements set #orth in this Agreement. The Project shall be platted and re- platted in accordance with the provisions of the Platting Ordinance (as defined in Section 1.5 below). If there is a •conflict between the requirements of the Platting Ordinance and this Agreement, this kgreement shall govern Project may he constructed in phases, with development occurring as market forces dictate It is the Developer's intention to begin construction in 2007 and open the first phase of the Project in 2008 1.4 Nature of the Project: All development within the Project shall conform to the zoning and development standards of the Ordinance (as defined below), except as specifically modified in this Agreement. The Project lies mainly within the `B -4" General Business District zoning Jassification with a relatively small portion within the "I -2" Light Industrial District .oning classification. For the purposes of this Agreement, the entire Project shall be ubject to the use and regulations in the current "B -4" General Business District zoning lassification front the Ordinance. except as specifically modified in this Agreement. If !here is a conflict between the requirements set forth in the Ordinance and this agreement, this agreement shall govern. 1.5 Definitions: Is used in this Agreement certain terms are defined below in this Section. Where these definitions conflict with definitions stated elsewhere in the existing ordinances adopted by the City, the definitions in this Agreement shall prevail. Terms used in this Agreement that are not defined in this Section shall have the same meaning as specified n the Ordinance or the Development Standards, as the case may be. Arterial Streets: The term shall mean the public streets designated as Holly Road and Greenwood Drive In the event that the Ordinance does not have a reference to ExpresswaysiFreeways, then the Crosstown Expressway and the frontage roads thereto shall he deemed to he Arterial Streets. 1 Collector Street: The term shall mean the public street located on the northern boundary of the Property initially designated as Coastal Crosstown Drive. ;) Composite Parking Ratio: The term shall mean improved ground level and multi -level parking spaces, if any, collectively on all lots comprising the Project sufficient to provide parking for the aggregate GFA of all improvements constructed within the Project. at the rates specified in this Agreement. Conceptual Site Plan The term shall mean the conceptual preliminary depiction of the Project attached as Exhibit "A" to this Agreement. In no event shall it be deemed that the conceptual site plan attached to this Agreement is being approved by the City entering into this Agreement. Likewise, the Developer is not representing that the conceptual site plan attached to this Agreement is as the Developer desires to develop the Project. Deferment Agreement: A Deferment Agreement in the form attached as Exhibit -D" tc this Agreement authorizing the filing of a final plat prior to the seventy -five percent ( 75% completion of the required improvements under Section III, Paragraph H. Subparagraph 5, of the Platting Ordinance. 4 b) Expressway /Freeways: The term shall mean the public street designated as the Crosstown Expressway and frontage roads thereto. Gross Floor Area or GFA: The term shall mean the number of square feet of floor area on all levels. including basements or other subterranean areas, but excluding (i) any enclosed connectors within any malls (except for any area thereof occupied by permitted kiosks - or wa]1 boutiques) whether covered or uncovered or open or enclosed, (ii penthouses and other floor area occupied by mechanical, telephone, computer or other operating equipment, (iii) patios or outside eating and selling areas that are not heated or air- conditioned. (iv) upper levels of multi -deck stock area, (v) portions of truck or loading docks and trash compacting and bailing rooms that are not heated or air - conditioned. (vi) mezzanines and storage areas not located within tenant spaces (vii) mezzanine areas generally used in support of retail uses of an owner )r rci_upam, and viii) public lavatories, Developer's or shopping center management offices. maintenance facilities, elevator corridors, and service and fire corridors. The GFA shall be measured to the exterior surface of exterior walls and to the ;;enter of w:ny common walls. Masonry: [ he term masonry is defined as brick, stone brick veneer, tilt wall, decorative or textured concrete block. 9) Ordinance: The term shall mean collectively the Platting Ordinance and the Zoning Ordinance. 10) Outside Displays: The term shall mean the display of retail items for sale in an area not enclosed by four walls and a roof and used as an accessory use to a primarily retail sales use to display items for sale. I) Outside Sales: The term shall mean the sale of retail items in an area not enclosed by four walls and a roof that accommodates customers and contains items for sale beyond the allowable Outside Display area, 2) Outside Storage: The term shall consist of all remaining forms of outside display and storage rot classified as Outside Display or Outside Sales consistent with the base zoning. 3) Platting Ordinance: The term shall mean that certain Corpus Christi Platting Ordinance dated September 2003, initially adopted on March 23, 1955 by Ordinance No. 4168. and as thereafter amended from time to time until the date of this Agreement. 4) Zoning Ordinance: The term shall mean that certain Corpus Christi Zoning Ordinance, Ordinance No 6106, Twenty- second Edition, October, 2006, initially adopted on the 27th day of August 1927, and appearing of record in Volume 9, Page 565 of the Ordinance and Resolution Record of the City of Corpus Christi, and especially as amended by ordinance passed and approved the City Council on May 4, 1948. being t trdinanct No 2266, and as thereafter amended from time to time until the date of this Agreement. The Developer shall comply with all building, technical, mechanical and life safety codes in effect at the time building permits are requested. 1.6 Vesting Provision: Notwithstanding any provisions in the Ordinance or any other rules and regulations of the City to the contrary, the Parties agree that this Agreement will constitute a "permit" under the provisions of Chapter 245 of the Texas Loca Government Code, and the applicable codes, ordinances, rules and regulations that are in effect as of the date of this Agreement, as amended or supplemented b'. this Agreement, will apply tc the Project for the life of the Project, except as specifically noted herein. The vesting provision of this Agreement shall not apply to any law, statute. or regulation adopted by any other legislative body or regulatory authority. ARTICLE II: GENERAL DEVELOPMENT STANDARDS 2.1 Development: s a) General The development within the Project shall conform to all provisions of the Ordinance, except as specifically addressed in this Article. It is the intention of the development standards to address (i) access and circulation (see Section 2.2 below), (ii) off - street parking. loading and stacking (see Section 2.3 below), (iii) landscaping, buffering anti screening (see Section 2.4 below), (iv) outside display, sales and storage (see Section 2.5 below), (v) signs (see Section 2.6 below), (vi) outdoor lighting (see Section 2 7 below), and (vii) building design (see Section 2.8 below) for the entire Project on a stand alone basis and as such, shall establish the sole minimum requirements for compliance The development standards will apply to all areas of the Project. regardless 'f land use and shall replace any development standards of any and all applicable underlying zoning requirements specified in the Ordinance. In the event of a conflict between the standards in the Ordinance and the standards in this Agreement, the standards described in this Agreement will prevail. b) Conformity o= Plats to Requirements of Agreement: Each plat submitted to the City for the City's approval shall be reviewed by the Director („,i Development Services for compliance with the specific requirements set forth in this Agreement. 2) Each initial final plat of a portion of the Property shall be approved by the Planning Commission if based on said review the plat is in compliance with the specific requirements of this Agreement (3) Each re -plat of a portion of the Property shall be administratively - approved by the Director of Development Services if based on said review the re -plat is in compliance with the specific requirements of this Agreement in accordance with the Platting Ordinance in effect as of the date of this Agreement. 6 2.2 Access and Circulation: (a) General: The Developer shall develop the Project to (1) ensure that the development provides safe and efficient vehicular access to public streets, (ii) minimize disruptive and potentially hazardous traffic conflicts at all access points to public streets, and (iii) separate conflict areas with adjacent streets by installing not more than 5 access points along Holly Road (which shall have a central median with not more than 2 cross -overs aligned w ith the opposing streets), 4 access points along the Crosstown Expressway frontage road, 4 access points along Greenwood Drive, 5 access points along Coastal Crosstown Drive, designed in accordance with that certain Traffic Impact Analysis date° March 2007, prepared by Traffic Engineers, Inc. ( "TIA ") and the requirements imposed hv the Texas Department of Transportation and any other applicable highway department. No other curb cuts shall be authorized on the above streets except as specified above. unless authorized by the City Manager, or his designee, as ;provided herein b') Access The design and construction of the internal driveways within the Project shall ,:omph with the existing Driveway Ordinance of the City, in effect as of the date el this Agreement for the design and construction of a driveway and not a public street All access points shall be separated from street intersections and other access points based on the thoroughfares to the South, East and West of the Project having an arterial street classification and the thoroughfare to the North of the Project having a collector street class fication. c) Circulation: Shared access easements shall be granted between adjacent lots within the Project it order (i to ensure said lots have adequate access if ownership patterns change. (ii) to minimize the total number of access points along the bordering arterial and collector streets, and i i) to facilitate traffic flow between said lots. (d) Platting of I ots: All sots within the Project shall have access to public streets either directly or by way of The shared access easements. Developer shall be entitled to file plats for lots which dc, not abut public streets but which are afforded access to public streets through shared access easements established by Developer. Such shared access easements shay not he considered "private streets" as provided in the Platting Ordinance 2.3 Off - Street Parking, Loading and Stacking: (a) General: The Developer shall develop the Project (i) to ensure that the developments within the Project provide adequate and reasonable parking, stacking and loading spaces necessary to serve said developments, and (ii) to allow for flexibility in the design of the parking areas. (b) Off- Street Parking: Parking within the Project shall be provided based on the amount of GFA within the entire Project and the required off - street parking requirements shall be on an overall or Composite Parking Ratio basis in accordance with the GFA as defined in this Agreement at the following rate: { A four and one -half (4.5) parking spaces for each one thousand (1,000) square feet of GFA devoted to retail uses (including restaurants). (13 i two anc one -half (2.5) parking spaces for each one thousand (1,000) square feet of GFA devoted to office uses. f ( ? one d 1) parking space for each rental unit in any hotel or motel. (D)one and one -half (1.5) parking spaces for each multi - family residential unit. a parking space shall be a minimum of nine (9) feet by eighteen (18) feet (2 Off- street parking spaces required to satisfy these requirements do not need to be located on the same lot. Parking is calculated on a Composite Parking Ratio basis for the Project as a whole, without regard to parcel ownership or land use. The entire development will be governed by an operating agreement granting cross access and parking easements between the lots. Parking shall he provided within surface parking lots or within parking structures placed anywhere within the Project. (3 The off- street parking areas shall be designed and constructed in accordance with the Ordinance Loading: Uses proposing to provide off - street loading shall provide loading areas in accordance w ith this subsection and in such a way that, in the process of loading or unloading, no vehicle shall block the passage of other vehicles on the service drive or extend into any other public or private drive or street used for traffic circulation. The location, design and layout of all loading spaces shall be indicated on each site plan submitted pursuant to Section 2.1(b) of this Agreement. A loading space shall be a minimum of twelve (12) feet by thirty-five (35) feet and shall have ;i minimum vertical clearance of fourteen (14) feet. (3 Any convenience store or similar use requiring frequent deliveries by truck shall demonstrate adequate on -site area exists for the loading and unloading of uch trucks Such loading and unloading activity shall not be permitted in any public right -of -way id) Stacking: Oft-street stacking spaces shall be provided as follows: { 1 , The stacking spaces (i) shall be a minimum of eight (8) feet by twenty (20) feet in size. and (ii) shall not impede on- or off -site traffic movements or movements into or out of off - street parking spaces. (2 Drive -- through windows placed between public streets and the associated building shall require a parking buffer. No drive - through window shall be permitted on the side of a building adjacent to any off -site residential zoning district, unless the decibel level at the residential property line is less than 60 dB e) Aisle Widths Drive silsle width standards shall be in accordance with the Zoning Ordinance in effect as of the date of this Agreement. 2.4 Landscaping, Buffering and Screening a) General: The purpose of this Section is to (i) reduce the potential incompatibility of adjacent and uses. (i) conserve natural resources and maintain open space; (iii) protect established residential neighborhoods; and (iv) promote and enhance community image and roadway beautification. (f r The separation of land uses and the provision of landscaping along public rights -of- -way through a required buffer are designed to eliminate or minimize potential nuisances, and to enhance community image and roadway beautification (21 Landscaping shall be coordinated with all site design elements including building layout, parking, access and signs. b) Design of Landscaping and Buffers (I Design, Installation and Establishment Standards: Location of plants and design of landscaping, including maintenance, shall be according to sound landscape and horticultural principles. The use of native vegetation and other lower maintenance landscape materials is encouraged to promote environmental protection, energy efficiency, and water conservation. ( A )Artificial plants or plants in pots, boxes or containers shall not be permitted to satisfy the requirements of this Section. (P I Plant material shall be chosen from the lists of recommended plant species contained in the Plant List set forth in Exhibit "C" attached to and made a part of this Agreement, and shall adhere to the minimum specifications therein. Plant materials shall be reviewed for suitability with retard to the eventual size and spread, susceptibility to diseases 9 and pests, and appropriateness to existing soil, climate and site conditions, Plant materials that vary from this list may be used with the approval of the Director of Development Services. (C Landscape plans submitted as part of the building permit application shall be signed and sealed by a Registered Landscape Architect or certified nursery man. (2) Interruption for Access: A buffer may be interrupted in order to provide access (pedestrian or vehicular) to adjacent parcels or the public right -of -way. No buffers shall be required between parcels, lots, or land uses existing within the Project as described in Exhibits "A" and "B." ) Tree Protection Credit: Tree preservation is encouraged, therefore credit shall he given for tree preservation within the proposed buffer or landscaping areas. rees planted in compliance with this Section may satisfy the tree requirements of Section 2.4. Trees shall be in a healthy state at the time of :ertificate of occupancy to receive credit. ) Landscape Handbook: The Initial Landscape Planting Plan prepared by the Developer and approved by the Director of Development Services for any phase .tf the Project shall establish the required standards and preferred plant list for the initial phase and all subsequent phases of the Project. ) Plant Material A The Plant List in Exhibit "C" of this Agreement shall be used to define the species of trees and shrubs deemed to be canopy trees, understory trees. large palm trees, small palm trees, cycads, and shrubs. The lists may be expanded but are intended to provide guidance in selecting predominately -hardy South Texas native species. The Director of Development Services may classify an unlisted canopy or under -story tree using standard landscaping references at the request of Developer. B Small palm trees and cycads in the Plant List may be substituted for required shrubs in a buffer yard but shall not be substituted for shrubs when a continuous evergreen hedge is required in a street buffer or parking buffer 6) Cold Hardy and Drought Tolerant Plants: Required trees and shrubs shall be cold hardy for the specific location where they are to be planted. Trees and shrubs shall be salt tolerant and drought tolerant. ?) Soils. All landscape buffer areas shall have uncompacted coarse loam that is a minimum of (4) inches deep. Soils shall be appreciably free of gravel, 1C stones, rubble or trash. All compacted soil, contaminated soil or road base fill shall be removed. 8` installation: All landscaping shall be installed in accordance with the approved landscape plan within one full planting season after a certificate of occupancy and compliance is issued for any construction in a phase within the Project, except as otherwise provided below in this Section. c) Required Butters I = Buffer Defined, A buffer is a specified land area, located parallel to and within the outer perimeter of the Project and extending to the Project line, Together with the planting and landscaping required on the land. A buffer may also :aantain a barrier such as a berm or wall where such additional screening s necessary to achieve the desired level of buffering between the Project and adjacent offsite land use activities. A buffer is not intended to be commensurate with the term -yard" or "setback" however; a buffer and setback may o'erlap l_ypes of Required Buffers: There are three (2) types of required buffers that may occur on any given development site, as follows: (A ) Public street buffers: (B Parking buffers; Location: Buffers shall be located within the outer perimeter of the Project, parallel to and extending to the Project boundary line. Buffers shall not be located on any portion of an existing, dedicated or reserved public street right - 4f -wa' 34 Planting in Easements A i No trees shall be planted in wet retention ponds or wet drainage easements. (B s Trees and shrubs shall be installed a minimum of five (5) feet away from the flow line of a swale. C ) Existing trees may remain in dry retention ponds provided that the natural grade is undisturbed to the tree line, species are planted that are adapted to seasonal flooding and the pond is adequately maintained. (I) Trees and shrubs may be planted in underground utility easements (including drainage easements) provided the root structure of the proposed tree or shrub is not anticipated to extend more than three (3) feet below the ground. Where such trees and shrubs are planted, Developer shall be responsible for replacement of such required vegetation it' maintenance or other utility requirements require their temporary removal. A minimum buffer width of five (5) feet shall be provided outside of any required public utility easements. All permanent structures shall be located outside the easements. d) Determination of Buffer Requirements: To determine the type of buffer required between The Project and a street, between a vehicular use area and an off project adjacent use or between two (2) adjacent zoning districts, the following procedure shall he followed: (1 ► Street Buffers Determine the appropriate street buffer based on subsection (f) below (2 ► Parking Buffers: A parking buffer may be required within a required street buffer (see subsection (g) below). e) Design Variations: While the buffer depth is normally calculated as parallel to the property line design variations may be permitted and are calculated on the average depth of the buffer per one hundred (100) feet or portion of buffer. The minimum depth of the buffer at any one point shall not be less than one -half (1/2) the required depth of the buffer chosen, or less than five (5) feet, whichever is greater. Maximum depth for the purposes of installing required landscaping, or receiving credit for existing vegetation, shall not be more than one and one -half (1.5) times the required depth of the buffer chosen f) Street Buffers: All =ievelopment located along a street designated as a freeway, arterial, collector or local access street shall be required to provide the applicable buffers along the entire street frontage abutting the right -of -way as set forth in the following table. No vegetation shall interfere with a required clear sight triangle at a driveway or intersection, Buffer Buffer Width Plants / 100 Lineal Feet Freeway - - - - -- __._.___ ___ Freeway 20 feet 1 -3 foot continuous evergreen hedge; 3 canopy trees 20 feet 1 -3 foot continuous evergreen hedge; 2 canopy trees; 3 understory trees Arterial or Collector Street 10 feet 3 canopy trees 2 canopy trees; 2 understory trees Arterial or Collector Street 10 feet Arterial or Collector Street ! 10 feet 4 understory trees 1 canopy tree; 1 understory tree; 7 shrubs Local Access Street 6 feet [-Local Access Street 6 feet 1 canopy tree; 2 understory trees; 3 shrubs (g) Parking Buffer: Whenever a parking area, drive aisle, paved display area or paved storage area =ies within fifty (50) feet of and is visible from any street right -of -way, except the proposed new public street on the north side of the Project contemplated as Coastal Crosstown Drve, the street buffer shall include a continuous evergreen hedge (or wall as determined by developer) or a combination of a hedge and wall as determined by developer fot the entire linear extend of the vehicular use area. The height of the hedge ar wall shall be a minimum of eighteen (18) inches and a maximum 01 thirty -six (36i inches as measured from the elevation of the vehicular use area or the street curb, whichever is higher. Such hedge or wall may be substituted ti•r any individual shrubs that may be required in the street buffer. (h) Parking Area Interior landscaping (1 ) Off- street parking areas in excess of fifteen hundred (1,500) square feet or five spaces shall provide interior landscaped areas in accordance with the following requirements. t )Perimeter Buffer: A buffer around the Project shall be provided in accordance with Section 2.4(g). (B) Interior Islands An interior landscaped island shall be provided on an overall or composite basis in accordance with the standards set forth in this Section. Interior landscaping shall be provided averaging ver\ Fifteen (15) spaces with each island containing a minimum of one hundred twenty -nine (129) square feet (per ,ingie row) with a minimum width of eight (8) feet inside the urb and include a minimum of one (1) tree with a minimum aliper of 2 '/2 inches. ii) Interior islands may be consolidated or intervals may be xpanded, so long as the above averages are maintained. Terminal Islands: All rows of spaces shall terminate in a curbed landscaped island. Each terminal island shall conform to the applicable specifications described in subsection (B) above except that a terminal island shall contain a minimum of two hundred sixty -six (266) square feet inside the curb for each double row and contain one (1) tree each with a minimum caliper of 2 ''A inches. (D)Median Islands: A median island with a minimum width of fourteen (14) feet inside the curb shall be sited so that on a composite basis throughout each phase of the project, a median would be provided between ever) six double- parking rows having at least thirty (30) parking spaces per row. Medians may be spaced farther apart provided there s a proportional increase in the minimum outside curb dimension. The median islands may be consolidated or intervals may be expanded consistent with the above overall requirements. Median islands shall contain a minimum of three trees per 15 linear parking spaces, each tree with a minimum caliper of 2 1/2 inches. 1 Tree Protection Credit Credit shall be given for tree preservation with the proposed buffer or landscaping areas. Trees planted in compliance with th =.s Section may satisfy the tree requirements of Section 2.4(s). i ? ) All landscaping in or adjacent to a vehicular use area shall be protected from vehic:Ilar damage b) a raised concrete curb six (6) inches in height or equk tient barrier, however. the barrier need not be continuous. (3) Landscaped areas adjacent to parking areas shall be landscaped so that no plant material greater than twelve (12) inches in height will be located within two ;,. °) feet of the curb or other protective barrier. ) Palm Tree Substitution ( 1) A grouping 01 three (3) or more large palm trees in the Plant List shall be considered equivalent to one (1) tree with a caliper of 2 1/2 inches. (2) Large palms shall have a minimum of eight (8) feet of clear trunk at time.of planting. (3) A maximum of twenty -five percent (25 %) of all required buffer trees may be palms. (k) Permitted Structures in Buffer Area (1) Walls Where walls are built within any required buffer area, they shall meet the following requirements. (A) Walls shall be a minimum of three (3) feet and a maximum of six (6) feet in height (B) Walls shall be constructed of one or a combination of the following materials: stucco over concrete block, brick, stone, split -faced block or glass block in a structurally safe and attractive condition. Alternative walls i including EIFS or other similar systems) may be used at Developer's discretion. No walls of exposed, unpainted concrete block shall he permitted. I4 t t ) No wall, except walls and other structures that are part of an environmental graphics or signage program, shall be located within any required drainage, utility or similar easement without prior permission of the holder of the easement. t lt)Developer shall demonstrate provision for access to, maintenance of landscaping, and the wall structure at the time of landscape plan approval. (1 ) Pedestrian . onnections through walls that connect to adjacent neighborhoods or other uses are encouraged. )Fences may be constructed in a required buffer; however, they shall not be counted as contributing to the required buffer established in Sectior, 2.4(h ). B) Any fence constructed in a buffer shall be capable of withstanding a thirty 30) bounds per square foot horizontal wind load from any direction, (1) Plant and Structure Location The placement of required plants and structures shall be the decision of ` )eveloper, except that the following requirements shall be satisfied. Plana materials shall be located to achieve the substantial level of protection to the less intense zoning district or use. Unless otherwise required by this Section, such as in the case of a hedge, the required planting should generally be in an irregular line and spaced (or grouped) at random. Plant material shall meet the buffer requirements every one hundred (100) feet. Canopy trees shall be located no closer than five (5) feet from any structure. Understory trees shall be planted no closer than three (3) feet from any structure, unless upright trees are selected. Buffer areas :lot retained in native habitat shall be seeded or sodded with lawn established with ground cover, or mulched with organic mulch. No turf grass shall be planted under the drip line of trees. Inorganic ground cover shall not exceed twenty percent (20 %) of the total required area of the buffer. (m)Permitted Use of Buffer Area: A buffer area shall not be used for the location of any principal structure or use, accessory building or use, vehicle use area or storage area except as specifically permitted below, 15 (l) A butter may be used for passive recreation and picnic facilities; and it may contain pedestrian or hike trails, provided that: A No existing plant material shall be eliminated, other than nuisance exotics: ( B The total width of the buffer shall be maintained; and (( All other requirements of this Section shall be met. O Other appurtenances that require high visibility and easy access, such as fire hydrants, public and emergency telephones, mailboxes and bus shelters or benches, are also permitted in a buffer. No screening of such appurtenances shall be required ( 3) A buffer is encouraged to retain areas of native habitat and may incorporate water resources including water detention or retention facilities. However, a minimum ten ( 0) foot contiguous width of the buffer shall be preserved as a planting area wathout storm water facilities. ( 4) The buffer may be included as part of the calculation of any required open space >r tree preservation. (e) Signs may be located within a buffer. The buffer shall be designed to address `isibi1ity of allowed ground signs. ( 6) Any other uses may be located within the buffer where specifically permitted elsewhere in this Section. n) Ownership of Buffers: Buffers and landscaped areas may remain in the ownership of Developer: they may be subject to deed restrictions or operating documents governing the Project and subsequently be freely conveyed; or they may be transferred to any consenting grantees. such as a park or forest preserve, or open space held b; association or conservation group. Any such conveyance shall adequately guarantee the protection and maintenance of the buffer in accordance with the previsions of this Section ( o) Maintenance and Irrigation (1) Developer shah maintain all required landscaping and buffers in a healthy, neat and orderly appearance conforming to Chapter 53, Article IX of the Corpus Christi Municipal Code (trimming of trees and shrubs overhanging streets and sidewalks) at all times and shall keep all landscaping and buffers free from refuse and debris. 16 All landscaping and buffers shall be provided with a readily available water supply and watered regularly to ensure continuous healthy growth. Diseased, dead .}r missing required plant material shall be satisfactorily treated or replaced within thirty (30) days with permitted plant material. All landscape materials shall he in compliance with the American Standard for nursery stock (ANSI -Z60.1 -1986) and installed in a sound, workman -like manner according to accepted good planting procedures in the Landscape } landbook +4) All required landscaping shall be irrigated by one or both of the following methods and shall meet standards set forth in Exhibit "D," Irrigation Standards. A = Where non- drought tolerant plant material is incorporated into a buffer. en underground sprinkler or drip system shall be required. (B Where a buffer is completely composed of permitted drought. tolerant plant material, a hose attachment within Seventy -five (75) feet of all such required landscaping shall be required. 1.5) Landscape structural features such as walls, fences, berms or water features shall be maintained in a safe, sound and attractive condition. Other permitted uses and structures, including pedestrian, bike or other trails, allowed within a buffer shall be maintained to provide for their safe use. Developer and Its successors shall maintain the buffer areas. In the event that any owner of a buffer area fails to maintain the buffer according to this Section, the City shall have the right to recover the cost of enforcement, including reasonable attorney fees. The City may also, following written notice to Developer in accordance with this Agreement and a demand that deficiency of maintenance be corrected, enter the buffer area to take maintenance action. The cost of such maintenance shall be charged to Developer_ p) Alternative C; >mplianc The buffer requirements may be modified provided that the modification would not adversely affect the land use compatibility and that the Project or modified buffer complies with one (1) or more of the following criteria: A s The buffer is between uses that are to be developed under the control of a common development plan or series of development plans; or ( 131 The butter is adjacent to a property that has a joint use agreement with the Project. q) Tree Preservation and Canopy Requirements { l Free ( -anopy (A)Tree Survey shall not be required for this Project. (13 } Tree Protection Plan shall not be required for this Project. (C) Tree Removal Prohibited: All development subject to this subsection, including tree removal, shall comply with sections (A) and (B) above. DI Required Canopy t i} 1 reel shall be preserved or planted based on minimum canopy :overage requirements. The following table establishes tree anopy requirements for the vehicle use areas within the Project development. District B -4 Min. Tree Canopy Coverage (% of Vehicle Use Area ) 10% ii) free canopy shall be measured by computing the area that the mature canopy will encompass, based on the table below. The mature canopies shall be estimated for existing trees on site. The Project Landscape Architect using standard landscaping eferences shall estimate any tree not on the table below. Botanical Name r Common Name Mature Canopy (Sq. ft.) Min Planting Bed (Sq. ft.) Acer barbatum Caddo Maple 707 175 Acer buergerianum Trident Maple 707 175 Aecsulus pav;a Red Buckeye 79 25 Araucaria heterophylla Norfolk island Pine 79 25 Bauhinia spp Orchid Tree 79 25 Carya illnoensis Pecan 707 175 Cascabela thevetia Mexican Tree 79 25 , Cassia fistula Cassia Tree 707 175 Cedrus deodara Deodar Cedar 707 175 Cercis Mexicana Mexican Redbud 314 100 Cercis accidentialis Western Redbud 314 100 Cercis texensts Texas Redbud 314 100 Chilopsis linearis Desert Willow 314 100 1X Chloroleucon ebano Texas Ebony 1,963 300 Citrus spp Citrus (lime, orange, etc.) 314 100 Cordia boissieri Wild Olive 79 25 r Culpressus arizonica Arizona Cypress 1,256 225 Diospyros texana Texas Persimmon 79 25 Ehretia anacua Anacua Tree 314 100 Eriobotyra japonica Loquat Tree 707 175 Erythrrina cristagath Coral Tree 1,256 225 1raxinus texensis Texas Ash 1,256 225 Fra.xinnus velutina Arizona Ash 1,963 300 Ilex deciduas Hex vomitoria Possumhaw Holly 79 25 Yaupon Holly 79 25 jacaranda mimosifoiia Jacaranda Tree 1,256 225 juglans nigra Eastern Walnut 707 175 uniperus chinensis Twisted Hollywood Juniper 79 '25 Kalmia latifolia Texas Mountain Laurel 79 25 Koelreuteria paniculata Golden Raintree 314 100 Lagerstroemia spp. Grape Myrtle 79 25 i:eucaena pulverulenta Tepeguaje 707 175 \lvrica cerifera Wax Myrtle 314 100 Pinus eldarica Afghan Pine 314 100 Pin us thunbergii Japanese Black Pine 314 100 Pistacia chinensis Chinese Pistache 1,256 225 Persea barbonia Sweet Bay 1,256 225 Planus accidentialis Texas Sycamore 1,256 225 Poinciana pulcherrima Royal Poinciana 1,963 300 Populus deltoids Cottonwood 1,963 300 Prosopis spp. Mesquite 707 175 Prunus caroliniana Carolina Laurel Cherry 314 100 Pyrus Calleryana "Bradford- ' Bradford Pear 707 175 Quercus macrocarpa Bur Oak 1,256 225 Quercus muhlenbergi Chinquapin Oak 1,256 225 Quercus polymorpha Mexican Oak 1,963 300 Quercus shumardii } Shumard Oak 1,963 300 Quercus sinuate Texas Red Oak 1,256 100 Quercus stellata ,- Post Oak 314 100 Quercus verginiana Live Oak 1,256 225 Rhus copallina and R. glabra Flameieaf Sumac 79 25 Sapindus Drummondi: Western Soapberry 314 100 Sophora affinis Eve's Necklace 79 25 -� Sophora secundiflora ± Moutain Laurel 79 25 Taxodium distichum Bald Cypress 1,256 225 Tax odium mucronatum Montezuma Baldcypress 1,256 225 Ugnadia speciosa Mexican Buckeye , 314 100 "lmus Americana :American Elm 1,963 300 19 tilmus crassifolia Cedar Elm 707 175 litmus parvifolia "Drake" Drake Elm 1,256 225 Viburnum rifidulum Rusty Blackhaw 79 25 Vitex Agnus - castus Vitex, Lilac Tree 79 25 1`rees planted in compliance with any other Section within this Agreement may satisfy the tree requirements of this Section. (2 > Maintenance: Necessary pruning and trimming shall be in accordance with the American Niational Standards for Tree Care Operations: Tree Shrub and Other Woody Plant Maintenance — Standards Practices (Pruning), and shall not be interpreted to include topping of trees through removal of crown materal or the central leader, or any other similarly severe procedures such as ollipopping meatballing that cause irreparable harm to the natural form of the tree. except where such procedures are necessary to maintain public Overhead utilities. Additional plant material shall replace or supplement the damaged plant material. Additionally, no more than thirty percent (30 %) of :he usable portion of a protected tree's crown shall be removed. r) Screening: he following provisions shall apply to mechanical equipment; refuse areas, and unities visible from residential properties or public rights -of -way. Vlechanical Equipment ( ►Ail roof, ground and wall mounted mechanical equipment (e.g. air handling equipment, compressors, duct work, transformers and elevator equipment) shall be reasonably screened from view from residential properties or public rights -of -way at ground level of the propert , line (131 Roof - mounted mechanical equipment shall be shielded from view on all sides. Screening shall consist of materials consistent with the primary building materials, and may include decorative galvanized metal screening or louvers or screening or louvers that painted to blend with the principal structure Wall or ground- mounted equipment screening shall be constructed of: t'lanting screens; ii) Brick, stone, reinforced concrete, or other similar masonry 7aterials; or viii; Redwood, cedar, preservative pressure treated wood, or other similar materials; or 2o t iv i Architecturally similar materials of adjacent buildings. (2 ? Refuse Areas (A) All refuse areas used to store trash or recyclable materials shall be located on the side or rear of the building and shall be effectively screened from view from residential properties or public rights -of- wa-. (B) Refuse areas shall be located a minimum of fifty (50) feet away from residentially zoned property lines. (( ) Refuse containers shall be screened on all sides, with an enclosure that screens the container from view at the residential property line. Screening shall be comprised of material that matches or compliments the building material of the principal structure. (1 ))Refuse container enclosures shall have gates with spring- loaded hinges or the equivalent and fasteners to keep them closed at all times except during -efuse pick -up. ( F ) The locations of refuse containers shall be shown on the site plans submitted in connection with building permit applications. 2.5 Outside Displati . Sales and Storage a) General: Outside displays, outside sales and outside storage of merchandise is permitted in conjunction with a permitted use in nonresidential areas of the Project in accordance Nx. ith this Section b) Outside Displays: An outside display area shall not be permitted to block entrances or exits to the principal structures, shall not utilize required off - street parking areas or fire lanes. and shall not significantly impair vehicular or pedestrian flow in and around the principal structure and the Project. c) Outside Sales Anv utside sales area shall not exceed ten (10) percent of the total site area. (2. Any vutside sales area shall not encroach upon any public right -of -way, main internal thoroughfares within the Project, required street yards, side yards or tire lanes. An outside sales area may be located temporarily in off - street parking areas during limited times of the year, including holidays and seasonal promotional e' ents in accordance with Article 27A (Special Conditions) of the Ordinance 21 (3 ) Any Outside Sales area shall not be considered part of the GFA for purposes 7f calculating off- street parking and loading requirements. d) Outside Storage. (1) Outside Storage shall be allowed in up to ten percent (10 %) of the •GFA; provided that the storage area is reasonably screened from view from the public streets to the north. south. east and west, and from other land uses within the Project. (2) No Outside Storage shall be permitted within the required off - street parking areas landscape areas or fire lanes 2.6 Signs Signs The signage permitted for the Project shall be as set forth in Section 33 -1.02 of the Zoning Ordinance, as amended by Ordinance No. 026735, except as specifically set forth in this Agreement. Section 33- 1.02.07 shall be excluded for purposes of this Agreement 2.7 Outdoor Lighting la) General: The purpose of this Section is to require safe, consistent, coordinated and efficient lighting for pedestrians and vehicles. Lighting should be integrated and designed so as to enhance the visual impact of the Project and to fulfill on -site lighting needs without substantial intrusion on adjacent properties. Project lighting must not exceed 1.0 foot - candle illumination measured at the edge of any off -site residential area bordering the Project. b) Prohibited Light Soures: 1 he following Tight fixtures and sources shall not be used within the Ciry where the direct light emitted is visible from adjacent areas: ') Low - pressure sodium and mercury vapor light sources; t2) Building- or roof-mounted security lighting intended to attract attention to the Project and nol designed for security purposes as provided in subsection (d)(1) below t 3 ) Cobra- head -type fixtures having dished or drop lenses or refractors which house other than incandescent sources; and (4) Searchlights and other high - intensity narrow -beam fixtures. (c) Outdoor Lighting Design Requirements: Outdoor lighting shall primarily be used to provide safety and Tor accenting key architectural elements and to emphasize 22 landscape features. Light fixtures shall be designed as an integral design element that complements the design of the Project. This may be accomplished through style, material or color. All lighting fixtures designed or placed so as to illuminate any portion of the Project shall meet the following requirements: ( 1) F`ixturr (Luminaire). All lighting shall be arranged or shielded (dark sky fixtures) to avoid excessive glare onto adjacent properties or public streets. ( 2) Fixturt Height: Lighting fixtures shall be a maximum of sixty (60) feet in height All lighting fixtures located within fifty (50) feet of any residential use or residential property boundary' shall not exceed twenty -five (25) feet in height Parking lot areas shall have round tapered poles and concrete bases. Light standards and fixtures may be varied in design, color and height to provide for different lighting for different situations. Bollard, accent and pedestrian scale lighting shall be permitted, as well as directional lighting to accent architectural features and amenities. Light fixtures shall be selected to complement building architecture. R t Light Source i :Lamps Only incandescent, fluorescent, metal halide, or color .orrected high - pressure sodium may be used. The same light source type shall be used for the same or similar types of lighting on any one area throughout the Project. 4) Mounting: Fixtures shall be mounted in such a manner that the cone of light is contained on site and does not cross outside the property line of the Project. .c) Limit Lighting to Periods of Activity: The use of sensor technologies, timers or other means to activate lighting during times when it will be needed may be used '?y the Developer to conserve energy, provide safety and promote compatibility between different land uses. ::d) Specific Lighting Standards Security Lighting A 'Building- mounted security light fixtures such as wall packs shall not project above the fascia or roof line of a building and shall be shielded. (B i Security fixtures shall not be substituted for parking area or walkway lighting and shall be restricted to loading, storage, service and similar locations. Security lighting for all paved areas shall be provided. (t Security fixtures shall not face a residential property. 21 2 Accent Lighting: Only lighting used to accent architectural features, landscaping or art may be directed upward, provided that the fixture shall be located, aimed or shielded to minimize light spill into the night sky. Canopy Area L ighting: All development that incorporates a canopy area over fuel sales, automated teller machines or similar installations shall use a recessed lens cover flush with the bottom surface of the canopy that provides a cutoff or shielded light distribution. =14 Commercial Parking Area Lighting. All commercial parking areas shall be required to provide lighting during nighttime hours of operation. ?"5 + Entrances and Exits in Nonresidential and Multifamily Development. All entrances and exits to buildings used for nonresidential purposes and open to the general public, along with all entrances and exits in multifamily residential buildings containing more than four units, shall be adequately lighted to ensure the safety of persons and the security of the building. ) Excessive llluminatior (1 ; Lighting within any lot that unnecessarily illuminates and substantially interferes with the use or enjoyment of any other property shall be prohibited. Lighting unnecessaril} illuminates another lot if it exceeds the requirements of this Section 2.- (2, Lighting shall not be oriented so as to direct glare or excessive illumination onto streets in a manner that may distract or interfere with the vision of drivers. Section 2.8 Building Design a) General - The Director of Development Services shall approve the Building Design for the development if said design meets the building facades and articulation standards set forth in this Section. b) Building Facades: (l Eight) Five percent (85 %) of all building walls that are not transparent, including parking structures, visible from any public street (except for the public street to be constructed to the north) shall be covered with any combination of the following materials: (A )Masonry, including brick, CMU, natural and synthetic stone or stucco, architectural concrete, precast concrete, or Hardi -Plank cement board siding. And other cement board or cementititous siding shall be subject to approval of the City's Director of Development Services. 24 (B Wood (C`) Corrugated or non - corrugated Metal (beams, lintels, trim elements and ornaments only). (I )Glass. (`t ) Glass Fiber Reinforced materials such as Concrete and Gypsum. Exterior Insulation and Finishing Systems. (2 ) There shall be no requirement that any exterior wall facing any public street be transparent 31 All facades of an individual building, or multiple buildings in a common developmental area and all roofing on multiple buildings in a common developmental area shall have similar architectural design, color, and raterials as specified in paragraph (1) above. Building Arty ( ) :architectural details which include texture, pattern, vertical and horizontal relief and other treatment that will reduce the visual impact of long blank walls and foundation landscaping designed to complement the building architecture are encouraged but not required. No blank walls shall extend longer than 100 horizontal feet except for department stores or other stores larger than 60.000 (FA. (2 ) Entrances to buildings shall be emphasized through the use of appropriate accent materials, a variety of wall height and building massing facade offsets and by developing combinations of architectural forms. Building entries should be highlighted by facade offsets and architectural accents. d) Building Forrn - A variety of architectural details, materials and building forms shall be required throughout the Project. All portions of a structure shall have a unified design treatment, appropriate in scale and harmonious with other structures in the Project (e) Roof Form Type - Permitted roof forms include, flat, pitched, arched and shed roofs. There shall be no restriction on the type of roof system incorporated into the design. Section 2.9 Prohibited Uses Notwithstanding anything herein to the contrary, uses not allowed in the base zoning districts and the following uses shall be prohibited in the Project: 25 ta) Any business whose primary purpose is boat, automobile, motorcycle, or recreation ehicle, sale and storage, unless such use is wholly contained within the buildings constructed on the Project consistent with the restrictions of this Agreement; (b) Sales and repair of p3umbing, heating, electrical and air conditioning equipment, or auto parts and tire sales in service, or automobile service, in excess of twenty -five percent (25 °r0 of the Project. i c) HUD -Code manufactured homes; (d) Mini- storage units; (e) Camper shel i sales and installation; (f) Oil or gas drilling activities: (g) More than four fueling stations; (h) Self- service aundries (i) undertaking business or establishments; (j) Hand - operated or automated self - service car washes, except in connection with a permitted fueling station; and (k) Hotel or other residential uses in excess of twenty -five percent (25 %) of the Project (excluding any residential uses incorporated within a life -style center which is predominately retail in nature). Section 2.10 Deferment Agreement for Plat Approval — The Parties acknowledge that under Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance, Developer is required to onstruct seventy -five percent '75 %) of the required improvements, before a final plat is approved by the City's Director of Engineering As an alternative, Developer may enter into a Deferment Agreement with the City, providing financial security, such as a letter of credit to assure the construction of any required infrastructure. The form of a Deferment Agreement attached as Exhibit "D" is agreed by the parties to be used in connection with any final plats to he tiled concerning the Property in which seventy -five percent (75 %) of the required nfrastructure improvements are not completed. The City and the Developer agree that the approval of this Development Agreement by the Planning Commission and the City Council onstitutes approval of a Deferment Agreement under Section V, Paragraph A, Subparagraph 3 h) submitted b. Developer to he (I itv in the form attached concerning any portion of the Property. The City Manager is hereby authorized to execute and deliver any such Deferment Agreement upon the approval b' the City Engineer of the costs of the required improvements, the approval of the required letter of . redit by the Director of Finance, and the approval of the its \ttorne \' as to the jegal form of the Agreement. The Parties acknowledge that the City will 26 not issue a certificate of occupancy for any improvement within the platted property until the deferred improvements serving that improvement are installed and accepted by the City. Street addresses shall be assigned by the Cite upon agreement with the Developer on or prior to the issuance of any certificate of occupancy ARTICLE III: DEFAULT/REMEDIES Section 3.1 Default - in the event of a material breach of this Agreement, the Parties agree that the City or the Developer. as the case may be, shall have thirty (30) days after delivery of written notice of said breach to correct the same prior to the non - breaching party's seeking of any remedy provided for in this Agreement; provided, however, that in the case of any such default which cannot with diligence be cured within such thirty (30) day period, if the defaulting party ;hall commence to cure the same within such thirty (30) day period and thereafter shall prosecute the curing of same with diligence and continuity, then the time allowed to cure such taslure may be extended for such period as may be necessary to complete the curing of the same ith diligence and continuity \ default in one phase of the Project shall not impact the development of any other phase of the Project. Section 3.2 Remedies - This Agreement shall be enforceable in any court of competent jurisdiction in Corpus Christi, Texas by either Party, or by any successor or successors in title or h� the assigns of any Party. Enforcement may be sought by an appropriate action at law or in equity without prejudice to any other rights or remedies, to cure such default, to enjoin such iolation or to secure the specific: performance of the covenants. agreements, conditions, and obligations contained in this Agreement. ARTICLE IV — GENERAL Section 4.1 Each Part) has all requisite power and authority to execute, deliver and perform this Agreement and to consummate the transactions contemplated by this Agreement. Section 4.2 This Agreement has been duly authorized, executed and delivered by each Party and constitutes the legal, valid and binding agreements of each Party, enforceable against each Party in accordance with its terms Section 4.3 Neither the execution, delivery and performance of this Agreement nor the consummation of the transactions contemplated hereby (i) is prohibited by or violates any law, statute, rule, regulation, judgment. order, writ, injunction or decree which is binding upon a Party or any of a Party's properties or assets, (ii) will violate any agreement or instrument to which a Party is a party or by which a Party is bound, or (iii) will require the consent, approval, authority or order of any other party or any court. governmental agency or both that has not been obtained in writing. Section 4.4 This Agreement shall be recorded in the official records of Nueces County, Texas as the expense of the Developer. All covenants and conditions set forth in this Agreement shall 27 he appurtenant to and shall run with the land and shall be binding upon each Party, and their agencies, heirs. successors or assigns. Section 4.5 All notices given pursuant to this Agreement shall be in writing and shall be given bv personal service, by facsimile. by l nited States Mail or by United States Express Mail or other established express delivery service (such as Federal Express) or by certified mail, postage or deliver} charge prepaid. °eturn reL eipt requested. addressed to the appropriate party at the address set forth below If to the Developer Crosstown Commons LLC 8645 West Franklin Road Boise, Idaho 83709 ATTN: Legal Department w, a copy to. CBL & Associates Limited Partnership CBI, Center 2030 Hamilton Place Blvd, Ste. 500 Chattanooga, Tennessee 37421 -6000 ATTN: General Counsel If to the (t : City of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 ATTN: City Manager w copy to. City of Corpus Christi 1201 Leopard Street (78401) P. 0. Box 9277 Corpus Christi, Texas 78469 ATTN: City Attorney a) The person and address to which notices are to be given may be changed at any time by any party upon written notice to the other party. All notices given shall be deemed given upon receipt (b) For the purpose of this Agreement, the term "receipt" shall mean the earlier of any of the following: (i) the date of delivery of the notice or other document to the address specified above as shown on the return receipt and /or facsimile confirmation, (ii) the date of actual receipt of the notice or other document by the person or entity specified above. or (iii in the case of refusal to accept delivery or inability to deliver the notice or other document. the earlier of (A) the date of the attempted delivery or refusal to accept delivery, (B) the date of the postmark on the return receipt, or (C) the date of receipt of notice of refusal or notice of non-delivery by the sending party. 28 Section 4.6 I he Cite Manager is delegated the authority to approve minor amendments or modifications to this Agreement so long as no such amendments decrease the parking ratios or increase the overall square feet 01 2,000,000 GFA by more than ten percent (10 %). Section 4.7 This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument. Section 4.8 The artice headings in this Agreement are for reference only and shall not be deemed to define or limit the scope or intent of any of the terms, conditions or agreements :ontained herein Section 4.9 This Agreement .ontains the entire Agreement between the Parties to this .Agreement and supercedes all prior agreements, oral or written, with respect to the subject matter ,,f this Agreement. The provisions of this Agreement shall be construed as a whole, and since the Parties have participated in extensive negotiations in the drafting of the terms and provisions f this Agreement. the Parties agree that this Agreement shall be construed without regard to the identity of the person 0- party AA ho drafted the various provisions and any rule of construction ;tutu document =s to be construed against the drafting party shall not be applicable. Section 4.10 The failure to enfo=rce any particular provision of this Agreement on any particular ,ccasion shall not be deemed a waiver by either Party of any of its rights hereunder, nor shall it he deemed to he a waiver of subsequent or continuing breaches of that provision, unless such ,vai' er be expressed in writing signed by the Party to be bound. Section 4.11 Tame is of the essence to this Agreement. Section 4.12 it construing the provisions of this Agreement, and whenever the context so requires, the use of gender shall include all other genders, the use of singular shall include the plural and the use of plural shall nclude the singular. Section 4.13 in the event any Party is composed of more than one person, the obligations of said Party shall he joint and several. Section 4.14 This Agreement may not be assigned by Developer prior to the substantial :ompletion of development of the Project in accordance with the attached concept plan described ,n Exhibit '`A' without the prior written consent of the City, which shall not be unreasonably vithheld. This restriction shall not apply to the sale of particular pad sites or lots within the Proiec Section 4.15 his Agreement shall not be effective unless a Preliminary Infrastructure Financing Agreement oncerning the Project is executed by Developer and the City and the actions and related agreements provided under said agreement have been completed, approved .end executed the parties thereto This Agreement shall not be filed of record until the Property is acquired by Developer and the deed or deeds conveying the Property to Developer have been filed of recorsi. 29 ACKNOWLEDGMENTS IN WITNESS WHEREOF. the Parties have executed this Agreement and made it effective as of the date indicated above DEVELOPER: CROSSTOWN COMMONS, LLC, a Texas limited liability company By: Its: STATE OF TEXAS ('O1 NTY OF NL'ECE's S This instrument was acknowledged on June 4t , 2007, by < c i L- I7(s3 , the President of Crosstown Commons. LLC, a Texas limited liability company, oh behalf of said c: ompany, (SEAL JOHN D BELL Notary Public STATE OF 'ERAS My Comm. Exp. 04-20-2009 Notary ublic, State of Texas 30 CITY: THE CITY OF CORPUS CHRISTI, TEXAS ATTEST: a Home Rule Municipality By: Armando Chapa By George Noe Its: City Secretan Its: City Manager APPROVED AS TO L. [GAL FORM Man Kay Fischer, Cite Attorney Tune ,2007 By: Assistant Cit)'Attorney STATE OF TEXAS COUNTY OF Nt_'ECE:. This instrument was acknowledged on , 2007, by George Noe, the City Manager of the City o, Corpus Christi, Texas a Texas home -rule municipal corporation, on behalf of said corporation., Notary Public, State of Texas EXHIBIT "A" Conceptual Site Plan 32 Greenwood Drive m frinri a Y fl c° MIt '`F) t OW+ H l L ^ • TII••• U fl,W • • c • • ncmnun( N • • P,1 EI ` • • 111 7 Yif'L UIIHHNOHHNMHIHO ONNHNHHNNNHOIIIHIII® I I I OHNNHNNNHIHINNNNIIg • I I I ' I O+IHHHpH4HHHNHO 1 1 OIINNHNHIf�' QI� I 1 1111111111 11 11111111111 f I I I I I 1 Fr Er .1. ONNHNIIOHINNNNNHN) I� ONHHNHONHHNHHHv 7 OHNNHINONHNIINND affHHfHHaH+H�- OHHHHHfOHfNHHH) I I ONHHHNIOHHHIkH10 1 1 1 I 1 61HHNHNHNVOAH4fE i ( J�1171VRRIIf1IRlJ OHHIHVHOHi HfIN9 QfiHHIINOH ffk'i .1.1111111111111.1r } 1 1 1 11IHHHfHfHHIOHHNH® �1 I 1 11 m c L a1P. �jsnpi cq pop la) g F6' C[[ — CD — CD 2H -0a -.1THJ.0,H.H 4 ++1;,121-1 I 444-H-41'44-1-14-74 iiti h-H I [ -111111, 101 i ; 1 -TTTI1U1717.-TTITT7.71;..) HIVI1 I111101011111111111rL 0 im 1,1 Iii011H111111L " CH410, E 4.. 0 > Garden Center Ir Fl111.[,1 tr 1 1,H 1 H' H111111 [} ‘„, •■■■geammiemmene 111H 1 11 II I H $1. xi rL 11111111111r) , ' 7H1111,' [-""tp [HHHHHHO 71HHH".['[ '71Jr[HHHHIHHI) 1:1HH11111101+H-10,11111111111.11E) 1 I H I I 1 I 1 I 1 I I ' 011i - - 1111 os I 1 [ 11 i!lIiIiII) It 0. 0 0 a oe S'S Z ese4d co tttf t 414. T.P' : ! iLkD : — -rsa—CA- 411- 1 1 ,t1 I 1 [ • ' _JP III.: tl-trtiT , Th r _ Ulr 11 1,,111:,1 ,1! I r, o E = CO r P -.4 7 0. 00 a cn co )11111111111 - cp co 8. ( ..z , .§ L P H!1 II I 111111111-11 IHlIL . cp rgi 11) 03 ■•* 2 .40 ac . 4,411. 6-17171171171D %pp IFP,t. A 1 ci _1111111UL_ 1 3 X tf) 0 (1) 0 3 3 1:3 CD • • 3 t • IN '8 ' J 3 q • ittiwrei wee 8 11. !d• A'd ‘....,_, •■ , ' '■..,' Ili,11[ti I:I) ' — 4 .11 .21 6111111ff TifirifiTTUTL) I lig lo do old' wow IIII a- Ho 1 19 tir EXHIBIT "B" Description of Project 1 F( i AL DESCRIPTION Being 227.09 acres of land, more or less, out of Lots 3 -6, Section A, Bohemian Colon) Lands. olume A Page 48, Map Records of Nueces County, Texas; and a 3.00 acre tract of land out of Lot 2, Section 4. Bohemian Colony Lands, Volume A, Page 48. Map Records of Nueces County, Texas; and a replat of Lot 1, Block 9, Lexington Center, \ olume 36, Page 42, Map Records of Nueces County, Texas, and a replat of Tracts A -E, Holly Road Industrial Tract, Volume 28, Page 40, Map Records of Nuet.es County, Texas; and a replat of Lot 1, Block 2, Holly Industrial Tract. Volumt 61, Page 182, Map Records of Nueces County, Texas EXHIBIT "C" Plant List See attached pages 34 Tree Lists nom Trees AteIIIIIIIIIIIIIIIIIIIIIIIIIIIII r barbatum Caddo Maple Trident Maple Pecan ✓ ✓ ✓ Acer buergerianum Caryo Myer-Isis Cassia # tula Cassia Tree ✓ Gedrus deodara Deodar Cedar ✓ f loro lemon ebano Texas Ebony Arizona Cypress Anacua Tree ✓ ✓ ✓ Culpressts arizonica Ehretia anacua Eriobotyra japonica Loquat Tree ✓ _Whaler° cristagath Coral Tree ✓ Fmxinus texensis Texas Ash ✓ Fiaxinnus velutina Arizona Ash ✓ ✓ hibiscus titiaceus Hibiscus Tree jacaranda mimosi nlia Jacaranda Tree 1 jikrns nigra Eastern Walnut ✓ Leucaena pulverulenta 1 Tepeguaje ✓ P�ersea borbonia } Sweet Bay Chinese Pistache ✓ ✓ Pistacia chinensis Pk►nus occidentalis Texas Sycamore ✓ P tinciona pukherrima Royal Poinciana ✓ Popuius deltoides Cottonwood ✓ Prosopis spp. Honey Mesquite Bradford Pear ✓ ✓ Pyrus coieryana "Brad d" Sfuerces macrocarpa Bur Oak ✓ guercus muhienbergii Chinquapin Oak Mexican Oak ✓ ✓ Quercus polymorpia ercus shurnarda Shumard Oak ✓ Quercus sinuate Texas Red Oak ✓ uercus virginiana Live Oak ✓ Tcxodium distichum Bald Cypress ✓ Taxodium mucronatum Montezuma Baldcypress American Elm ✓ ✓ Limn americana gnus crassifohra Cedar Elm ✓ (Jlrnus parvifoiia "Drake" Drake Elm ✓ deiary Trees L y ioe ifiroucatila heterophytio Norfolk Island Pine ✓ csukrc pavia Red Buckeye Orchid Tree ✓ 1 Bouhinia variegated Coscabeki thevetia Mexican Oleander Tree 1 Palm Trees rge :Palirm Livistona chinensis Chinese Fan Palm Phoenix canariensis Canary Island Date Phoenix dactalifera Texas Date Palm Sabal mexicana Texas Sabal Palm Saba! palmetto Cabbage Palm or Florida Sabal Fan Palm Washingtonia robusta firnall%Palms and Cycads Butia capitata Pindo, JeIIy Palm, Cocos Australis Mediterranean Fan Palm Chamaerops humulis micas revoluta Sago Palm Roebelenii Palm Phoenix roebalanii Sabal minor Dwarf Palmetto Shrubs On following pages zessenber variegrsta Variegated Ginger As ocontbus quodriftdus vat wry Flame Acanthus Asparagus meyerii Fox Tail Fern Bcagoinvika Barbar Karst Bougainvillea Br!ssaia arainophylio Scheif lera Brisesakr arlinophyHa dwarf Dwarf Scheffiera Ca salpfnio pulcherrima Pride of Barbados Clikaipa americana American Beautyberry C#sternon spp. Bottiebrush Caltissa spp; Natal plum Cteoderie selbano Pampas Grass D tyhrion texonurn Texas Sotol Dees bioDbr Butterfly Iris Durant° repens Century Plant or Brazilian Sky Flower or Duranta Erbatrya x "Coppertone" Coppertone Loquat EEchina hdrbocea Coral Bean E yops pcdnatus Golden Shrub Daisy Ejebhareitio texana Texas kidneywood Fejjoa sellewiona Bird of Paradise Bush, Mexican Poinsianna F me!ra patens Natal Plum parvi*ora Red Yucca cus Tropical Hibiscus plait minim* nano Dwarf Yaupon ixxira cocdnea Ixora Julida suberecta Mexican Honeysuckle Daum sip. Daylillies Leticophy*rn spp. Texas Sage or Cenizo L.ilgustrur japonicum Wax Lingustrum Lippe glue° Giant Liriope Afpighiatabra Barbados Cherry A lvovisass drummondli Yaupon or Turk's Cap Nrclina domestioa Nandina Atrium *ender Oleander lav,oiata Pentas sebum Dwarf philodendron Pllposporurn tobfr° LIOSiatil Variegated Pittosporum Rhi India° Indian Hawthorn Re in hutSus Pigeon Berry Ilia nro Mexican Petunia asedfonll s Firecracker Plant forraceoe Banana Plant io grad Autrnn Sage 37 elitxo reginae Bird ' of Paradise 7ecoma scans Esperanza, Yeliowbe is Cape Honeysuckl . Tecomeria capensis jueria stenoloba Skeleton Goideneye Wburnum suspensum Viburnum ttex trfalia Veronica Yucca otkansana , Softleaf Yucca Yucca recu i d is Yucca Penduia Yucca rostrata Thompson Yucca Yucca treculeana Spanish Dagger STATE OF TEXAS COUNTY OF NUECES § EXHIBIT "D" DEFERMENT AGREEMENT This Agreement is entered into between the CITY OF CORPUS CHRISTI, TEXAS, a I exas home rule municipality. (hereinafter "City ") and CROSSTOWN COMMONS, LLC, a I exas limited liability company, (hereinafter "Developer "), and pertains to deferral of the required completion of certain improvements required prior to filing the final plat Subdivision (the -plat"), which was approved by the Planning Commission 7r: _ 2007 A copy :)f the plat is attached and incorporated as Exhibit A to this A greement. WHEREAS, the Developer is obligated under Section III, Paragraph H, Subparagraph 5, 'i the Platting Ordinance to construct seventy -five percent (75 %) of the required improvements before the final plat is endorsed by the Development Services Engineer. Detail construction drawings provided by the Developer and approved by the City's Department of Development Services are attached hereto and incorporated as Exhibit B into this Agreement; WHEREAS, the Developer is seeking to defer, for a period up to two (2) years, the _ onstruction of the certain improvements (hereinafter the "deferred improvements "), as shown in Exhibit C, as required by the City 's Platting Ordinance; WHEREAS, the Developer is seeking to have the plat filed immediately with the County ierk o;. Nueces County. Texas, before completion of seventy -five percent (75 %) of the Improvements required by Section III, Paragraph H, Subparagraph 5, of the Platting Ordinance; WHEREAS, the Developer will deposit, with the City of Corpus Christi, a letter of credit.. drawn on a bank ith offices in the city of Corpus Christi, Texas, in the amount of Dollars (S t, representing 110% of the estimated cost of onstructing the deferred improvements, all as shown on the attached cost estimate, which is attached and incorporated as Exhibit D_ WHEREAS, the _vity Attcrne\ and Director of Finance have approved this transaction: WHEREAS, the Developer has satisfied all other subdivision requirements, park dedications, park dedication deferment agreements, and maintenance agreements and all special covenants have been completed; WHEREAS, the Developer is entering into this Deferment Agreement as required by Section V, Paragraph A. Subparagraph 3 . b) of the Platting Ordinance; NO U, THEREFORE, for the cc °nsideration set forth hereinafter, the City and Developer agree a-, follows. 'pon Developer s completion of operable water and wastewater to serve each lot within the plat, the City shall waive the requirement that construction of the deferred : mprovements be completed before the final plat is endorsed by the City's Development Services F- nginee- and tiled for record with the County Clerk of Nueces County and 'urther agrees to allow the Developer to defer construction of the deferred improvements as shown in Exhibit C. for up to two (2) years from the date of this Deferment Agreement Fhe Developer shall deposit, with the City of Corpus Christi, a letter of credit, drawn on a bank with offices in the city of Corpus Christi, Texas, in the amount of Dollars ($ ) as shown in Exhibit E, before the Agreement is approved by Council. for 110% of the estimated cost of constructing the .deferred improvements. 1'he Developer shall construct the deferred improvements, in accordance with the City's engineering standards in effect at the time of construction. Upon completion of the deferred improvements within two (2) years from the date of this Agreement, or later time as may be mutually agreed upon, in writing, by both parties, and pon acceptance of the deferred improvements by the City Engineer and upon :ompliance by the Developer with the remaining terms of the Deferment Agreement, the Development Services Engineer shall: i Immediately release Developer from the obligations to construct the deferred improvements by mailing a Release Letter to: Crosstown Commons, LLC 8645 West Franklin Road Boise, Idaho 83709 Return to the Developer within sixty (60) days of the completion of the construction of the deferred improvements and settlement of the construction costs, any balance remaining of al1 monies received by the City from the Developer, including any interest earned. if the deferred improvements have not been completed within two (2) years from the date =af this Agreement, or if the Developer fails to deposit any increased security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 7 below. the City V■ ill call the letter of credit and transfer the money received, including any interest earned, to the appropriate City fund and the City may begin completion of the construction of the deferred improvements with any monies received from the Developer. both principal and interest, remaining after completion of construction being refunded by the City to the Developer. If City constructs all or any part of the required ! mprovements. the Developer shall reimburse the City for any additional cost of the deferred improvements, if the sum of money and interest prove inadequate to complete deferred improvements within thirty (30) days after City completes the required mprovements and bills the Developer. Fite City and Developer agree that if the Developer formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for completion of the . onstruction of the deferred improvements, any money received by the City from the )eveloper remaining on deposit, plus interest earned, will be released and immediately returned to the Developer . I f Developer defaults in any of its covenants or obligations under this Deferment Agreement, the City Engineer will send the Developer and the Project Engineer written notice by certified mail. return receipt requested, advising Developer of the default and giving Developer thirty (3M day s from date of receipt of the letter to cure the default. If :he Developer fails to cure the default after receipt of the notice and opportunity to cure, he City Engineer may transfer any monies received and interest earned to the appropriate and of the Cite t, complete the deferred improvements. In the event there are any 'ponies received by the Cit." from the Developer, plus interest earned, remaining after the aty has completed construction of the deferred improvements, the excess monies, both ;principal and interest, shat be refunded to the Developer, within sixty (60) days of the ompletion of construction; of the water, wastewater, paving, and drainage public mprovements and settlement of construction contracts. fhe City reserves the right not to issue Certificates of Occupancy for any improvement within the platted property until the deferred improvements are installed and accepted by he Director of Engineering Services Department. fhe Developer agrees that the t ity, after notice in writing to the Developer and Project ingineer. may accelerate payment or performance or require additional security when the +,ity Engineer determines hat the prospeci of payment or performance is questionable. fhe Developer covenants Fo construct the deferred improvements, and that this covenant shall be a covenant running with the land, fhe City s Development Services Engineer, at Developer's expense, shall file of record this Deferment Agreement in the records ofNueces County. do party may assign this I)eferment Agreement or any rights under this Agreement vvithout the prior written approval of the other party. .finless otherwise stated herein, any notice required or permitted to be given hereunder shall be in writing and may be given by personal delivery, by fax, or by certified mail, and if given personally, by fax or by certified mail, shall be deemed sufficiently given if addressed to the appropriate party at the address noted above the signature of the party. Any party may, by notice to the other in accord with the provisions of this paragraph, specify a different address or addressee for notice purposes. 3 :'his Agreement shall be construed under and in accord with the laws of the State of exas and all obligations of the parties created hereunder are performable in Nueces `ounty. "Texas. and all lawsuits pursuant hereto shall be brought in Nueces County. l'he Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17113. to complete, as part of this Agreement, the Disclosure of Ownership interests 'arm attached to this Agreement as Exhibit F. [his Agreement shall be executed in triplicate. all original copies of which shall be ..onsidered one instrument When all original copies have been executed by the City, and At least two original copies have been executed by the Developer, this Agreement shall hecome effective and binding upon and shall inure to the benefits of the parties and their respective heirs. successors and assigns. E.KEC t TED in triplicate this l HE ATE OF OUNTY OF dal of . 20 . DEVELOPER ( "Developer ") Crosstown Commons, LLC By: Name: Title: This instrument was acknowledged before me on , 20, by the of Crosstown Commons, LLC, a limited liability company on behalf of said company. Notary Public, State of 4 CITY OF CORPUS CHRISTI ( "City ") P. O. Box 9277 Corpus Christi, Texas 78469 Telephone: (361) 880 -3500 Facsimile: (361) 880 -3501 A By ARMANDO CHAP- C Secretar■' GEORGE K. NOE City Manager APPROVED AS '1'O FORM: This day of , 20 . Assistant City Attorney For Cite Attorney THE STATE OF TEXAS COUNTY OF NL ECES Phis instrument was acknowledged before me on the day of 2t, by GEORGE K. NOE, City Manager for the CITY OF CORPUS CHRISTI, a Texas municipal corporation, or behalf of the corporation. NOTARY PUBLIC, STATE OF TEXAS CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRST NAME CROSSTOWN COMMONS, LLC STREET 615 N. Upper Broadway, Suite 1100 CITY Corpus Christi, TX ZIP: 78477 FIRM 15 Di Corporation Cis Partnership D3 Sole Owner 04. Association p5. Other limited liability co. DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. State the names of each "employee' of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm" Name None Job Title and City Department (if known) State the names of each official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named 'firm" Name Title None State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm Name None Board. Commission, or Committee 4 State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 35 or more of the ownership in the above named "firm Name None CERTIFICATE Consultant i certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested: and that supplemental statements will be promptly submitted to the City of Corpus Christi Texas as changes occur Certifying Person: Jeffrey L. H,s (Type or Print) Signature of Certifying Person: Title: President I Date: (.9- • 22 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 06/26/07 AGENDA ITEM: Resolution authorizing the City Manager, or designee, to submit a grant application in the amount of $2,017,550 to the U.S. Department of Justice, Office of Community Oriented Policing Services for funding eligible under the COPS 2007 Technology Program Grant, funds will be used for the enhancement of voice interoperability on the 800 MHz radio system, with a City match of $672,517, . for a total grant application of $2,690,067, and authorizing the City Manager or the City Manager's designee to apply for, accept, reject, alter or terminate the grant. ISSN: The Department of Justice provides funding to local and state law enforcement agencies for the procurement of technology that focuses on data information- sharing and/or an enhancement of voice interoperability with regional, state and federal partners. REQUIRED COUNCIL ACTION: Approval to submit the grant. FUNDING: There is a 25% match required of the grant. Funds are available for a 3 -year period beginning 10/01/2007 (the first fiscal year of the appropriation). The City of Corpus Christi will serve as the lead agency and the participating law enforcement agencies will provide their required match according to their system enhancements. CONCLUSION AND RECOMMENDATION: Staff recommends approval to submit the grant. Bryan P. Smith Chief of Police Attachments: • Project abstract • Letters of support from participating agencies BACKGROUND INFORMATION The Department of Justice provides funding to local and state law enforcement agencies for the procurement of technology that focuses on data information- sharing and/or an enhancement of voice interoperability with regional. state and federal partners. Funding will support projects aimed at facilitating the sharing of information, either data or voice, across multiple jurisdictions within a region or state, with the ultimate objective of increasing public safety. Proposals must be multi jurisdictional as well as multi - disciplinary as appropriate, and should demonstrate a clear, comprehensive plan for accomplishing improved data and/or voice interoperability between public safety agencies and organizations within the regional jurisdiction. Projects may include Fire services and EMS Collaboratively, government entities within Nueces, San Patricia, Aransas, and Kleberg Counties join the Corpus Christi Police Department to implement this project. Funding and match will be shared and bang cutting -edge crime - fighting radio communication technology to all, improving safety and taw enforcement effectiveness for the 434,929 citizens living in this 2,650.3 sq. mi. area. The participating agencies and their required match are: Community Portland Port Aransas Kingsville San Patricio County Rockport / Aransas County Port of Corpus Christi Corpus Christi ftM Equipment Equipment Equipment Equipment Equipment Equipment Equipment Training/Travel Total Proiect yikm $439,500 $355,824 $181,177 $137,080 $996,396 $223,990 $349,078 $7,020 Local 2596 Match Portion $109,875 $88,956 $45,294 $34,270 $249,099 $55,998 $87,270 $1,755 COPS Grant 75% Federal Pon $329,625 $266,868 $135,883 $102,810 $747,297 $167,992 $261,808 $5,265 With full implementation, regional capacity to support Homeland Security will be strengthened, especially for the Port of Corpus Christi; Inner Harbor; Harbor Bridge; Critical Junctures; Port Industries; Corpus Christi Naval Air Station, Corpus Christi Army Depot; J.F. Kennedy Causeway; Kingsville Naval Air Station; Naval Station Ingleside; IH37; Intercoastal Waterway; Shipping Channels; Sector Corpus Christi, and at least 12 miles into the Gulf of Mexico. This project also expands communication effectiveness for all Interregional Task Force members representing local, state, and federal law enforcement, first responders, and military and govemmental entities Currently, officers pursuing a suspect across city limits cannot continue pursuit, easily alert neighboring responders of the need for support, nor wam citizens of impending dangers. Critically important, this grant will also strengthen the area's ability to prevent, detect and react to potential security threats, including IEDs, terrorists, and smugglers. It fortifies responders' ability to take appropriate actions before: during, and after a terrorism event and/or natural disaster — major concerns since the Port, industries, shipping, farming, and other commercial assets are concentrated in this area and abut the Gulf Coast where likelihoods for hurricanes and other weather - related natural disasters are very high. The project enhances and expands the multi - million dollar 800 Mhz Radio System already working within Nueces and San Patricio Counties. It conforms with five SafeCom Interoperabie Contjnuum elements; is Project 25 and NEIM compliant, as appropriate; and, ensures that responders will communicate seamlessly and interoperably throughout the multijurisdictional region Letters of support from these agencies for the project as well as match commitment are attached )0` )PS La,A L_nioreerrwnt 1 echnoiogy < ornmunity Oriented Policing Services Grant E241,.)rxal Interoperahle (,- nmumcat.ons Radio System Expansion Project" Executive Summary " Interoperable Communications Radio System Expansion Project" Leading Corpus Christ MSA and Kingsville Micro Area, City of Corpus Christi's Corpus Christi Police Department (CCPD) requests $2.017,550 FY2007 COPS Tech funds with 25% local match of $672,517 to expand effectiveness of its multijurisdictional interoperable informational and voice communications system Collaboratively, seven government entities within Nueces, San Patricio, Aransas, and Kingsville Counties loin CCPD to implement this project. Funding and match will be shared and bring cutting -edge crime- fighting radio communication technology to all, improving safety and law enforcement effectiveness for the 434,929 citizens living in this 2,650.3 sq. mi. area With tut implementation. regional capacity to support Homeland Security will be strengthened, especially for the Port of Corpus Christi; inner Harbor; Harbor Bridge; Critical Junctures; Port industries; Corpus Christ Naval Air Station, Corpus Christi Army Depot; J.F. Kennedy Causeway; Kingsville Naval Air Station; Naval Station Ingleside; IH37; Intercoastal Waterway; Shipping Channels; Sector Corpus Christi, and at least 12 miles into the Gulf of Mexico. This project also expands communication effectiveness for all Interregional Task Force members representing iocai, state, and federal law enforcement (i.e. police, sheriff, constables); first responders (i.e. fire and EMS); and military and governmental entities (i.e. INS, DEA, IRS, U.S. Attorney's Office, ATF FBI, Coast Guard. Customs, Boarder Patrol.00AD, U.S. NAS, TX DOT and TX DPS). ,urrently, officers pursuing a suspect across city limits cannot continue pursuit, easily alert neighboring responders of the need for support, nor warn citizens of impending dangers. On Tune 8 the loca ABC -T' affiliate ran a story (see attached Story) documenting this significant gap Fr services. this grant resolves this concern by offering a cost - effective, multijurisdictional interoperable informational and voce communications system. Critically important, this grant will also strengthen the area's ability to prevent, detect and react to potential security threats, including IEDs. terrorists. smugglers It fortifies responders' ability to take appropriate actions before, during, and after a terrorism event and /or natural disaster -- major concerns since the Port, industries. shipping, farming, and other commercial assets are concentrated in this area and abut the Gulf Coast where likelihoods for hurricanes and other weather - related natural disasters are very high o summarize, this project enhances and expands the multi- million dollar Radio System already working within Nueces and San Patricio Counties and purchased with Homeland Security, Port of Corpus Christi, and other local funds, It conforms with five SafeCom Interoperable Continuum elements; is Project 25 and NEIM compliant, as appropriate; and, ensures that responders will communicate seamlessly- and interoperabiy throughout the multijurisdictional region. ead agency: (._tti. of Corpus Christi Corpus Christi Police Department - DUNS# 060390882 0P taw i- ntomemem echnolo • >>nmunit■ Oriented Policing Services Grant ke iona+ I teroperabk `omrr:mications Radzo System Expansion Project" PROJECT INFO: The City of Portland Cite of Portland Police Department The City of Portland Police department (PPD) currently utilizes the 800 MHZ radio system operated by the City of Corpus Christi, Nueces County and the Regional Transportation Authonty The C it. of Portland is 'ocated under the normal radiation pattern of this radio system. This antenna height; city location relationship does not provide the radio signal penetration that is normally desired by Pubic Safet, personnel. The City of Portland wishes to implement their n EDACS trunked radio system; within their c ty limits so signal penetration will be enhanced provide for improved :officer sufet■ . The Portland Fire Department will also use the new stem and will greatly benefit from the higher signals levels it will provide inside of buildings. The Cit., of Portland is touted in 'pan Patricio County and also desires that the new radio system +r connected to the broad interoperabie system now in place. The new Police Station under wonstrurtion does not currently ha,•e funds for a generator to provide backup power in the event ,t ,3 =valor power failure `. 3(0) K? .'A generator is also included . Projects costs: channel 800 MHZ EDACS radio system installed with antenna. Site will connect to is `CPD radio switch by TEI_CO -1 line and he installed on city owned monopole ;OO KVA emergency power- generator (installed) Protect Total: Estimated cash match: S 1 Oy x+75 6 -2(1-201)7 do 370,000 69,500 $439,500 ,ead Agenc . - City of C orpus ('hristi Corpus Christi Police Department — DUNS# 060390882 �-� ,_OPs ..aw is cr: event eehnoiog_ Community Oriented Policing Services Grant 'Regonai interoperahi 'omnthinications Radio `wstem Expansion Project" PROJECT INFO: The City of Port Aransas: Citti of Port Aransas Police, Fire and EMS Departments The Cite of Port Aransas (Port A ) requests user equipment to bring all of their Public Safety personnel onto the 800 MHZ radio system. The recent award of a Port Security Grant places an 800 1-1Z EDACS radio system into the City of Port Aransas to cover communications needs for Port Security. Under the City ot Corpus Christi portion of this grant request, the required connection for full interoperability has been included. Since this system is already funded through another source. this is a natural migration for Port A to move into the large interoperable radio system being expanded in the Corpus Christi MSA. The internal interoperability as well as he regional connection v, 11 alloy seamless communications to all other 800 MHZ radio users in he •:our. _.°oastal :_ountie `. of tiue2es, San Patricio, Kleberg and (future)Aransas. Only user equipmen1 is required to ':ring the Cit+, of Port Aransas into the radio systems. An emergency ' iackup 800MHZ repeater s also listed R: provide minimal voice communications in the event of -vain •vstem ta]lurf because ot st, -rtr. damage. Project osts: 26 80OMHZ front mount mobi e radios 743177 82,602 800 MHZ rear mount mobile radios ;4;3325 43,225 18 800 MHZ supervisory portable radios x;3050 54,900 800 MHZ non - supervisory portable radios (°?2320 141,520 800 MHZ supervisory mobile radio 3,952 800 MHZ base station 5,495 %OOMHZ conventional backup repeater 17,630 installed with antenna Dispatch console upgrade 6,500 Project Tota $355,824 Estimated cash match: S88 »S6 Lead Agency: City of Corpus Christi Corpus( hristi Police Department - DUNS# 060390882 ? iu C La I. :micro eennoio .:; +.,snunumty )riented Policing Services Grant Re 2ion nteropeah Comm umcation, Radio System Expansion Project" PROJECT INFO: The City of Kingsville: City of Kingsville Police Department The City of Kingsville Police department (KPD) operates an EDACS 800 MHZ trunked radio system that serves the (ity Police, Fire and the Kleberg County Sheriff's departments. This system is not now connected to the interoperable systems in the region. Even though the City of Kingsville and Kieherg t_ ounty ar,2 not included in the Corpus Christi MSA, the KPD desires to connect to the radio system operated h■ the City of Corpus Christi, Nueces County and the RTA. This connection will support the nigh level of interoperability now under consideration within the Corpus Christi MSA All Publ c: Safety responders would be able to communicate seamlessly ith all 800 MHZ radio asers \ileces. San Patricio and (future) Aransas Counties. Projects costs: :'(it) MHZ front mount mobile radio (8cal) 3,177 1ardware, software upgrade for interoperable 178,000 communication with the three coastal counties. The Kingsville site will connect to the CC PD radio switch by Ti LCO T -: Project Total: S 181,177 Estimated cash match: S45,294 Lead Agency: City of ('orpus ;_'tvisti C'c•rpus (Christi Police Department -- DUNS# 060390882 ',iii Ct,v Law • echnolog.l - < oinmunit. Oriented Policing Services Grant " e Iona: trtteroperabh 'omn unications Radio System Expansion Project" PROJECT INFO: San Patricio County: San Patricio County Sheriff's Department: The San Patricio Sheriffs Department (SPSD) operates an 800 MHZ radio system which is currently linked to the main radio system operated by the City of Corpus Christi, Nueces County and the RTA. San Patricio Count, is m the Corpus Christi MSA. The SPSD radio system is an MACS trunked system ccnsistin : of three sites and is used by Public safety entities throughout San Patricio County The SPSD requires additional radio equipment for its Officers and Patrol hicles so that all Public Safety p,=rsonnel have access to the interoperable radio system. Pralect costs: +00 MHZ digital s Nice Mobile radios 800 MHZ digital e nice Portable radios Project Total: Estimated cash match: S '14_'7() (x;4,247 84,940 u-2,607 52,140 $137,080 _caci Agency: City o 'orpus l hristi (orpus Christi Police Department DUNS# 060390882 �<< = CC Law t ntor_:men; : echnolo� y - nmunity Oriented Policing Services Grant "Regions: Iriteroperarl- •'omr- „anica, ion!, Rados System Expansion Project” PROJECT INFO: The City of Rockport and Aransas County: The City of Rockport Police Department and the Aransas County Sheriff's Department Aransas fount} is one of has no access to the large Aransas County Sheriff's that an SO0MHZ EDACS ommunications capabilit: *his system expansion 13 liar ne EDACS site pltl- RP[ will also require. implementation 0! '_nese s n ; "orpus Christ VISA al' Public safety personne ,,:om unications fo ioca . Mc TS L',ast Guard to c. pert ot`a terrorist Inciden the three Counties in the Corpus Christi MSA. This county currently interoperable 800 MHZ radio system currently being expanded. The Departnient and the Rockport Police Department (AC/RPD) request radio system be installed in their county to provide this interoperable The A 1 !RPI) will share the cost of the matching funds to implement ecause r i" the high level of foliage in the Rockport area, a main 4 two reeiver voter sites will be required in Aransas County. The portabic and mobile adios for all officers and patrol vehicles. The tes will . ompete the ;00 VIHZ interoperable communications within hhe bigl<est revel of Public Safety interoperability will be available to within ''Sueces. Aransas, San Patricio and Kleberg Counties providing state an federal law enforcement. This will also add the capability for mmunic ate directly with any coastal law enforcement agency in the or life ,- aving operation. Project costs. IA 37 46 4 channel 800 MHZ EDACS radio system Installed with antenna. Site will be located on existing City /County structure. Site will be connected to CCPI) radio switch by TELCO T -1 lines 4 channel receive voter sites including antenna and equipment to connect to TELCO T -1 lines 800 MHZ supervisory portable radios 800 MHZ non - supervisory portable radios 800 MHZ rear mount mobile radios 800 MHZ supervisory mobile radio Pr ect Total: Estimated cash match: 5249 x)99 400,000 @150000 300,000 (203050 @2320 43325 @3952 45,750 85,840 152,950 11,856 $996,396 Lead kgencv City of Corpus Christi Corpus Christi Police Department - DUNS# 060390882 ix . ,OPS i ,aw l nior. rnent eclmoiog - C rninunity Oriented Policing Services Grant •-Reg ona! lnteroperabir Communications Radio System Expansion Project" PROJECT INFO: The Port of Corpus Christi Police Department The Port of Corpus Christi Police Department: The Port of Corpus (_'hnst: Authority operates a Police Department complete with a state of the art dispatch center to provide essential security for the port industries and the Port of Corpus Christi. the Port of Corpus Christi s considered a critical military port and has been the subject of previous communications grants. There still exists a need for completion of critical communications requirements to support the interoperable communications between the Port of Corpus Christi Police Department. the City of Corpus Christi Emergency operations center, Texas Department of Transportation and the U.S. Coast guard. A The Port of Corpus Christi Police Department requests digital voice mobile radio equipment to be installed in all Coast. Guard response vessels that work in vicinity of the Port of Corpus Christi. These radios will allow d :rect communications with the Port of Corpus Christi Police Department, City of Corpus Christi Police Department (& dive team), Nueces County Sheriff's office and Constables, K.feberg, an Patncio. and .Aransas Counties Law Enforcement. This seamless - . ~ommunication is ' it;-1 fog terroris° intervention, search and rescue and drug nterdict:on. 30 portable radios are "'so listed. i civet Costs: x00 MHZ. digital '.once mobile radios ;a4190 46,090 ith marine grade antennas and marine D(' power filters 30 800 MHZ digital portable radios: w 112V charger @2757 82,710 Digital 800 MHZ base radios (x%5995 11,990 B. Through a previous grant, a broadband wireless data connection is being established between the Port of Corpus Christi \uthority, Texas Department of Transportation and the City of Corpus Christi Emergency Operations Center. phis data connection is the first step in providing shared data and video connections for security \ ideo sources and a high speed data connection for Law Enforcement applications A need sti`1 exists :o provide a secure connection between the prey ious1y funded A ireles_, conne< nor and the ' ideo and data servers at the three emergency centers and adding ideo :ewrng sations at the Corpus Christi Emergency Operations center. Project costs: 4 \etwork router for wi -max with firewall (4 14500 58,000 ideo viewing station with software ;4%12,600 25,200 Protect Total: $223,990 Estimated cash match: S,55.' 8 Lead City of( orpus t_` lristi Carpus Christi Police Deparanent- DUNS# 060390882 C( Law l:n,or. emer :: 1 echnoto _, unimunity Oriented Policing Services Grant ion 4 nteroperabie Comniunica *ion, Rao ic System Expansion Project" PROJECT INFO: The City of Corpus Christi Corpus Christi Police Department: A The City of Corpus ( hristi Police Department (CCPD) operates a Mobile Communications Vehicle which is used to respond directly to incidents anywhere within the region. The vehicle provides complete interoperable communications to responders as well as dispatching capabilities. The radios n this \ ehicle currently provide only analog voice communications. These radios should be replaced a ith full digital voice capability including the Project 25 suite of standards This X11 insure that any entity that responds to assist with an incident in this region can communicate direct :, with tte CCPD Mobile Communications Vehicle. The interoperable capabilities of the Vehicle include 800 MHZ, VHF and UHF public safety users as well as A rcraft and Mantle radios. .Additional portable radios are needed to provide an additional t�at he o-.radios responders assisting with operations in the Communications Vehicle. Project costs: 14 jo0 MHZ digital voice radios (project 25 @3610 50,540 VHF (i 50 MHZ) digital voice radios (project 25) @2575 5,150 ;_ ";[-IF (450 MHZ) digital voice radios (project 25) @2575 5,150 8(E0 MHZ digital , oice portable radios @3525 7,050 (10 MHZ `cache radios @1422 5,688 B The large 800 MHZ -adio system operated jointly by the City of Corpus Christi, Nueces County and the Regional Transportation Authority incorporates 5 radio repeater sites. Three of these sites are currently connected together through the Integrated Multisite Coordinator (IMC) computer at the CCPD headquarters. This interoperability effort requires the connection of the remaining two sites to the IMC The additional software upgrade to connect these sites has already been funded. and only the hardware costs are required. Site Pro hardware upgrade @54000 108,000 C The ( ity Of Corpus : Iristi Police 'department operates a combined dispatch center for the Cit and Nueces C auntv The name of the center is '`MetroCom" and it answers 9 -1 -1 calls for the City of Corpus Christi and Nueces County and, by radio, dispatches Police, Sheriff, Constable, Fire and EMS a11s through the 800 MHZ radio system. The 9 -1 -1 call taker and radio dispatch tables are outdated and should be replaced with current ergonomic and safety considerations. These tab es house 9 -1 and radio dispatch electronics as well as provide work space for all call takers and dispatchers An upgrade of these tables will increase efficiency in the Metro( 'OM Center Lead Agency. City r)t Corpus Christi ( rpus Christi Police Department - DUNS# 060390882 C( =1'!°, Law ?:nfor:x.rnent echnoiug , ;.rtununiry Oriented Policing Services Grant • P;egrona lnteroperahle 'omrn;znicatians Radtc System Expansion Project" PRO,JECTANFO: The City of Corpus Christi Corps Chrbti Police Department: continued) Project costs: Radio Dispatch tables -1 Cal° Faker tables CCPD proiee1 Equipment ? otal Estiinated cash match for equipment: 587270 D Trax el irainme 410,500 105,000 @6250 62,500 $349,078 COPS Sponsored Technical Assistance °`Kickoff' Conference (mandatory) Site - To Be Determined A.irfare 2 persons Lu, S1,200 round trip each $2,400 1 :odging 2 persons (c 5120 per night x 3 nights each $ 720 Per Diem 2 persons (a; S65 each per day x 3 days $ 390 COPS Regional Conference (recommended) Site To Be Determined A.ir fare 2 persons @ S1,200 round trip each $2,400 lodging 2 persons @ S120 per night x 3 nights each $ 720 Per Diem 2 persons Ca; S65 each per day x 3 days $ 390 CCPD project Travel /Training Total: $7,020 Estimated cash thatch for :ravei,tra.ning 51.755 CCPD Project Totals (Equipment & Travel /Training) Total CCPD Project: $356,098 Total Estimated Cash Match $ 89,025 Lead .4gencv : City of Corpus Christi (o -pus +: Irish Police= Department - DIINS# 060390882 LEROY BODY SHERIFF Y`lom° ax +64 -6 ( 3'os� i)fFce Box I 82 SINTON, TX. 78387 - 1382 June 8. 2007 Bryan P. Smith. Chief of Police Corpus Christi Police Department 1'.Ct Box9016 Corpus Christi, Texas 78469 ['he San Patricio County Sheriff's Department supports the COPS 2007 TECH application being submitted by the City of Corpus Christi, Police Department for multi - ,urisdictional radio interoperability to enhance public safety in the region. We understand that the City of Corpus Christi will be the lead agency for the project and that the County of San Patricio will provide a local match up to $35,000 toward the required grant match. The funds designated for our agency will expand and upgrade the existing EDACS 800 Mhz trunked radio system operated by the City of Corpus Christi, Nueces County. and the Regional Transportation Authority. >an Parricu= t nun') was iamed to honr. -r of the patron saint of Ireland by members of the McMullen and McGloin Colony, hich +.pis founded on Mexican Fmpresario grant dated August 16, 1828. COI NTY OF ARANSAS Office of the County Judge ■01 North Live Oak Rockport. Texas 78382 C H. -Burt- Mills. Jr TEL (361) 790 -0100 f. ounry FAX (361) 727 -2043 June 20. 2007 Brian P. Smith Chief of Police Corpus Christi Police Department PO. Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith The Rockport Police Department and the Aransas County Sheriff's Office support the COPS 2007 TECH application you are submitting for multi- jurisdictional radio interoperability to enhance public safety in the region. We understand the City of Corpus Christi will be the lead agency for the grant. Aransas County and the City of Rockport will each budget for a local match of up to $141,000 toward the required grant match. The funds budgeted by our agencies: will expand and upgrade the existing 800 mHz trunked radio system operated by The C y oi_ C brpus Christi. Nueces County and the Regional Transportation Authority www. ei tpo fro ckport. cores ADMINISTRATION 622 E. Market Street Ro kpnr T.._ 78382 P:?avor& city Council City Manager City ' ecretary �`'inonr:e Office Municipal Court Porks & Leisure Services Utility Customer Service Phone: 361 -729 -2213 Fax: 361 -790 -5966 Fox. 361-790-1165 CITY HALL. ANNEX - E. ^oarket Stree. Rorkpor+ 7 7838; 9:tilding )t Inspections Lu8rng Permits de Enforcement Phone: 361- 790 -1155 Fax. 361-729-6476 Inspection Request Line 361- 790- 1177 PUBLIC SAFETY CENTER Pi ,ice epartmer, F .n. ho Street Mo kpo, • `> 78387 Phone: 361- 729 -111 Fox 361 790 -1118 PUBLIC: WORKS SERVICE CENTER 4(2 E. .;u -e) Street Rockport. , 78387 Building Maintenance Meet Maintenance ',treats & Drainage Water & Wastewoler Utility Phone:; 361 -790 -1160 Fax- 361 -779 -7672 ROCKPORT BEACH PARK _ Sechteeze Drive Rockpon 7-> 78382 Beach Operations. Pavilion & Pork Rentals Beach Concessions Phone: 361- 727 -2158 Fax 361 -727 -9393 To11 Free: 877 - 929 -7977 COMMUNITY AQUATIC PARK 2001 Stodi:•m Drive Rockport, T. 78382 Poo! Operations /Rentals & Swim C lasses Phone: 36 - 727 -9989 June 20, 2007 Brian P. Smith Chief of Police Corpus Christi Police Department P.O. Box 9016 Corpus Christi, Texas 78469 Dear Chief Smith: The Rockport Police Department and the Aransas County Sheriff's Office support the COPS 2007 TECH application you are submitting for multi jurisdictional radio interoperability to enhance public safety in the region. We understand the City of Corpus Christi will be the lead agency for the grant. Aransas County and the City of Rockport will each budget for a local match of up to $141,000 toward the required grant match. The funds budgeted by our agencies will expand and upgrade the existing 800 mHz trunked radio system operated by the City of Corpus Christi, Nueces County and the Regional Transportation Authority. Sincerely, Thomas J. Blazek City Manager Lip! 1_:; t O.H. '11117 1 I (11 application heimL ,_lei "!;1ir1.111cnt 10! ,1LlIti- Jllrltidicti )nal radio he t!ie i ',iJ ,1�'cnct, Cor the project and \\ rim idea local match up to for our agencv vy in •\ ',1c111 operated by the( itv of 1���11�1'tI n :Authority addint.2. ;.r!1c ;!'L'. eoilpn)enl in Pentland to OF COIPUS CHRISM 1t rir g, 2007 Bryan P. Sn- an. (1]ue o; PolR C Corpus Christi Police Departnien' P ;, Box 9t lt> Corpus Christi, 1 i x s 7g460 Tice Port of t_ trpus (?rristi Authority supports the COPS 2007 TECH application being suhriitted k the Cii; of C carpus Cluisti. Police Department for multi - jurisdictional radio inlet operability to en ►ance public sliety in the region. 1 w uride: ,tand that the o C'urnus Christi will he the lead agency for the project. < -ontingent upon apprutal bt lzc Port Commission. the Port of Corpus Christi will provide a 'Local match up to $60,000.00 toward the required grant match. The funds designated for our a ency •,4111 expand and upgrade the existing FDAC`S 800 Mhw trunLed radii, szy `stem operated i,■ the Cit. of Corpus Christi. Nueces County, and the Regional 1 ransportattor Auulortt. 'T1re rani proposal ili ht ncludt'c: on the Port Commission Meeting agenda for July 10. 1007, aRue xecui_ite Director `,lit l' Coipus '. hr "tits rist, 'Grt tr. 'NJS h. ?. C)ri - II :i6 - i#5Z -5 "33 • FAX. ;6 -682 -71101 RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $2,017,550 TO THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF COMMUNITY ORIENTED POLICING SERVICES FOR FUNDING ELIGIBLE UNDER THE COPS 2007 TECHNOLOGY PROGRAM GRANT, FUNDS WILL BE USED FOR THE ENHANCEMENT OF VOICE INTEROPERABILITY ON THE 800 MHZ RADIO SYSTEM, WITH A CITY MATCH OF $672,517, FOR A TOTAL GRANT APPLICATION OF $2,690,067, AND AUTHORIZING THE CITY MANAGER OR THE CITY MANAGER'S DESIGNEE TO APPLY FOR, ACCEPT, REJECT, ALTER OR TERMINATE THE GRANT. ME IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. That the City Manager, or designee, is authorized to submit a grant application in the amount of $2,017,550 to the U.S. Department of Justice, Office of Community Oriented Policing Services for funding eligible under the COPS 2007 Technology Program Grant, funds will be used for the enhancement of voice interoperability on the 800 MHz radio system, with a City match of $672,517, for a total grant application of $2,690,067, and authorizing the City Manager or the City Manager's designee to apply for accept, reject, alter or terminate the grant. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form , 2007 G Joseph Haihey Assistant City Attorney For City Attorney Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly PrisciNa G. Leal John E. Marez Nelda Martinez Michael McCutchon