HomeMy WebLinkAboutAgenda Packet City Council - 07/17/2007CITY COUNCIL AGENDA
JULY 17, 2007
Corpus Christi
ml-America Citv
11:45 a.m. - "At Your Service" Award, City Staff Recognition
AGENDA
CITY OF CORPUS CHRISTI
REGULAR COUNCIL MEETING
CITY HALL - COUNCIL CHAMBERS
1201 LEOPARD
CORPUS CHRISTI, TEXAS 78401
JULY 17, 2007
10 :00 A, M.
PUBLIC NOTICE - THE USE OF CEL L C LA R PHONES AND SOUND ND A C TI A TED PAGERS ARE
PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL.
CIL.
Members of the audience will be r vided an opportunity t address the Council at approximately 2 .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 ertaining to
your subject, please present it to the City Secretary.
Si Listed desea dirigirse al Concilio y tree que su ingl s es limitad , habra ari int r rete ingles-espanol en todas las juntas
del Concilio Para ayudarle.
Persons with disabilities who lan to attend this meeting and who may need auxiliary aids or services are requested to
contact the City Secretary's office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can
be made.
A. Mayor Henry Garrett to call the meeting to order.
ion to be given by Henry Williams, Corpus Christi Christian Fellowship.
B. Inva�t y �
D. Pledge of Allegiance to the Flag of the United States.
Secretary Armando Chapa to call the roll of the required Charter Officers.
D. City ry �
Mayor Henry Garrett
Mayor Pro Tern Nelda Martinez
Council Members:
Melody Cooper er City Manager George K. Noe
Larry Elizondo, Sr. City Attorney Mary Kay Fischer
Mike Hummel! City Secretary Armando Chapa
Bill Kelly
Priscilla G. Leal . --
John E. Mare
Michael McCutchon
E. MINUTES:
1. Approval of Regular Meeting of July 10, 2007. (Attachment #1)
Agenda
Regular Council Meeting
July 17, 2007
Page 2
CITY COUNCIL
CIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment #2) s
2. Corpus Christi Area Convention & Visitors Bureau
G. EXPLANATION of COUNCIL ACTION:
For administrative convenience, certain of the agenda items are listed
as motions, resolutions, or ordinances. if deemed appropriate, the City
Council will use a different method of adoption from the one listed; may
finally pass an ordinance by adopting it as an emergency measure
rather than a two reading ordinance; ormaymodifythe 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 Pull
The following items are of a routine or administrative nature. The Council has 1
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
individual ration in its normal sequence after the items not
withdrawn orrnd�vrdualconsrde g
requiring separate discussion have been acted upon. The remaining items will
be adopted by one vote.
CONSENT MOTIONS, RESOLUTIONS ORDINANCES IANCES AND ORDINANCES
FROM PREVIOUS MEETINGS:
(At this point the Gourd will vote on all motions, resolutions and ordinances not
removed for individual consideration)
3. Ordinance appropriating an amended grant in the amount of
$543,395.67 in the No. 1062 Fire Grants Fund, from the Division
of Emergency Management, Office of the Governor, to carry out
designated Homeland Security Activities as part of the 2006
Homeland Security Grant Program. (Attachment #3)
4. Ordinance appropriating$9, 99 in training revenues received from
Del Mar College and the Portland Fire Department into the
General Fund for the Fire Department to purchase an all- terrain
vehicle; amending the FY 2006 -2007 Operating Budget, adopted
Agenda
Regular Council Meeting
July 17, 2007
Page 3
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
in Ordinance No. 026908 by increasing estimated revenues and
appropriations by $9,899 each. (Attachment #4)
5. Motion to authorize an Enhanced 9 -1 -1 E9 -1 -1 Service
Agreement with T- Mobile USA, Inc. in the amount of $38,121 for
the company to provide caller directory information and caller
p y
location information for T- Mobile wireless customers' 9 -1 -1 calls to
the City MetroCom. (Attachment #5)
6. Resolution authorizing the City Manager or his designee to
execute all necessary documents to request continued financial
assistance for beach cleaning and maintenance on North Padre
Island and Mustang Island during FY 200 7-2008 under the Texas
General Land Office's Cleaning and Maintenance Assistance
Program. (Attachment #6)
7. Ordinance approving the transfer of $62,880 from Self Insurance
Claims in the Liability and Employee Benefits - General Liability
. in Visitors Facility Fund I o.
Fund No. � to and appropriating ty
410 for repairs to the Selena Auditorium at the convention
Center; changing FY 2006 -200 Operating Budget adopted by
Ordinance No. 026908 to increase appropriations and revenues
by $62,800. (Attachment #7)
8.a. Motion authorizing the City Manager, or designee, to execute
contract between Skid-O-Kan/Haul Away, guaranteeing the
delivery of specific tonnage of acceptable waste to the J.C. Elliott
Landfill for period not to exceed the life of the J.C. Elliott Landfill
includin g a retroactive provision commencing on June 1, 2007.
(Attachment #8)
8.b. Motion authorizing the City Manager, or designee, to execute a
contract with Skid- -lean /Haul Away, guaranteeing the delivery of
specific tonnage tonn a of acceptable waste collected within the
boundaries of the Coastal Bend Council of Governments region,
to the Cefe Valenzuela Landfill for a period of twenty years
commencing upon opening of the landfill. (Attachment #8)
9. Motion authorizing the City Manager or his designee to execute a
Job Order Contract with Alpha Building Corporation of Corpus
Christi, Texas in the amount of $54,101.23 for the Central Library
Fire Alarm System project. (Attachment #9)
Agenda
Regular Council Meeting
July 17, 2007
Page 4
c1TY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
r
Motion authori in the Cit Manager or his designee to execute
Change Order No. 1 to the construction contract with Bay Limited
of Corpus Christi, Texas in an amount not to exceed $99,273.40
for a revised contract value of $7,540,711.15 for a 2 -inch
pavement overlay of Pinson Drive and Glasson Drive at the
Corpus Christi International Airport. (Attachment #10)
11. Ordinance abandoning and vacating a 4,551.20- square foot
portion of a 10 -foot wide utility easement out of Lots 1 -9, and Lots
37-40, Block 4, Flour Bluff Center, between Central Street and
Jonnell Street; requiring the owner, Hooten Family Trust, to
comply with the specified conditions. (Attachment #11)
1. PUBLIC HEARINGS:
ZONING CASES:
12. Case No. o o -02 Renato A, DePaolis: A change of zoning from
"R-113/10" one -famil Dwelling District with the Island Overlay to
One-family g
a " -2I" Bayfront Business District with the Island Overlay out of
Padre Island Section E, Block 1, Lot 5, located on Aruba Drive,
approximately 00 feet south of Running Light Drive. (Attachment
#12)
Plannin_ ciSormission and Staffs Recommendation: Approval of
the "B-2/10" Bayfront Business District with the Island Overlay.
ORDINANCE
NCE
Amendin g Zoning the Zonin Ordinance upon application by Renato A.
DePaolis, changing the Zoning Map in reference to Padre
Island Section E, Block 1, Lot 5, from "R-113/10" One - family
Dwellin g District with the Island Overlay to "B-2/10" " Bayfront
Business District with the Island Overlay; arr eri ing the
Comprehensive plan to account for any deviations from the
p p
existing Comprehensive Plan; providing a repealer clause;
providing a penalty; and providing for publication.
Agenda
Regular Council Meeting
July 17, 2007
Page 5
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
ZONING TEXT AMENDMENT:
13.a. Public hearing to consider a text amendment to Article 7, "R-2"
Multiple Dwelling District Regulations, Section -1 of the Zoning
Ordinance, to allow a minimum of two -unit townhouse structures
within a single platted lot. (Attachment #13)
13.b. Ordinance amending Article 7, "R-2" Multiple Dwelling District
Regulations," Section 7-1 of the Zoning Ordinance to allow a
minimum of two -unit townhouse structures within a single platted
lot; p g rovidin a penalty clause; and providing for publication.
(Attachment #13)
J. PRESENTATIONS: S: TO BE CONSIDERED AT
APPROXIMATELY 10:30 A.M.) Public comment will not be solicited
011 Presentation items.
14. Texas A &M University - Corpus Christi Expansion Project
(Attachment #14)
K. REGULAR AGENDA
CONSIDERATION OF MOTIONS RESOLUTIONS, 1 S, AID ORDINANCES:
1.a. Motion authorizing the City Manager or his designee to execute a
construction contract with Berry Contracting, L.P. dba Bay, Ltd. of
Corpus Christi, Texas in the amount of $10,540,640.75 for the
Cimarron Boulevard Street Improver ents Project Phase 1 from
Saratoga Boulevard and Yorktown Boulevard. (BOND ISSUE
200 4) (Attachment #15)
15.b. Motion authorizing the City Manager or his designee to execute a
Construction Materials Engineering Laboratory's Inspection and
Materials Testing Services Agreement with Rock Engineering
Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of
$64,744 for the Cimarron Boulevard Street Improvements Project
Phase 1 from Saratoga Boulevard to Yorktown Boulevard. (BOND
ISSUE 2004) (Attachment #15)
16. First Reading Ordinance - Amending Chapter 14, Development
Services, Article XIII, Development Service Fees, Division 4,
Plattin g Ordinance Fees, Section 14-1341, Platting Ordinance
Agenda
Regular Council Meeting
July 17, 2007
Page 6
crrif COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
Fees, and Chapter 17, Finance and Taxation, Article I, In General,
Section 17 -20, Lease Agreement Fees, and Chapter 49, Streets
and Sidewalks, Article 1, In General, Division 1, Generally, Section
49-12, Petition to Council to Establish or Close Streets, etc., and
Section 49 -18, Request for Closing or Abandonment of Easement,
and Division 2, Temporary
. Closure of Streets, Section 49-16, 1
Issuance of Permits; Classification of Events of the Code of
Ordinances, City of Corpus Christi, to increase or establish fees
related to neighborhood block parties, plat variances, street and
alley closures, easement abandonment or closure, lease
agreements, participation agreements, and reimbursement
agreements. (Attachment #16)
L. SPECIAL BUDGET CONSIDERATION ITEMS:
PROPOSED CITY OF CORPUS CHRISTI BUDGET.
17. First Reading Ordinance nance - Adopting the of Corpus Christi
Budget for the ensuing Fiscal Year beginning August 1, 2007; to
be filed with the County Clerk; appropriating monies as provided
in the budget; and providing for severance, (Attachment #17)
PROPOSED REVISIONS To THE CODE F RDLNA SEA
CHAPTER . PERSONNEL:
EL_:
18. First
Reading Ordinance - Amending the Code of Ordinances by
revising Section 39-303, Standard Classifications, Pay Grades,
and Ranges, regarding Fair Labor Standards Act Overtime
Eligibility and Pay revising Ranges; re ising Section 39 -304,
g y
Classified Service Defined to clarify pay plans exempt from
classified service; revising Section 39 -309, Employee Coverage
under the City's PriraryGroup Hospitalization Program for eligible
employees to add members of the City Council; revising Section
39-320, Funeral Benefit for employees who die while on duty due
to on-the-job injuries to add an exception for police officers
covered by collective bargaining agreement; revising Section 39-
363 Nepotism otism to add a provision regarding immediate
supervisors; repealing Section 39 -364, Employee Appeal process
for Classification and Compensation System; repealing all other
ordinances, and rules, or parts of ordinances and rules, in conflict
with this ordinance; providing for an effective date. (Attachment
#18)
Agenda
Regular Council Meeting
July 17, 2007
Page 7
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
PROPOSED FEE/RATE INCREASE ►SE AD l STMEI TS INCLUDED I
IN THE PROPOSED FY 2007 -2008 BUDGET:
19.a. First Reading Ordinance Amending the Code of ordinances, City
of Corpus Christi, Chapter 21, Garbage, Trash and other Refuse,
regarding increases to resource recovery fees; providing for
penalties; providing for an effective date; and providing for
publication. (Attachment #19)
19.b. First Reading Ordinance - Amending the Code of Ordinances, City
of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and 1
Wastewater Rates; providing for an effective date; and providing
for publication. (Attachment #19)
19.c. First Reading Ordinance - Amending Chapter 14, Development
Services," Article X111 Development Service Fees, Division 1,
Technical Construction Code Fees, Section 14-1313, Technical
Construction Code Fee Schedules, and Division 4, Platting
Ordinance Fees, Section 14-1341, Platting Ordinance Fees, and
Division 6, Zoning Ordinance Fees, Section 144 361, Zoning
Ordinance Fees, and Chapter 53, Traffic, Article V, Operation of
Vehicles, Division 1, Generally, Section 53-107, Oversized
Vehicles of the Code of Ordinances, City of Corpus Christi, to
increase or establish fees related to Zoning Verification, Mobile
Home Permits, Electrical Re -out Permits, Certificates of
Occupancy for Existing Buildings, Residential House Mover
Permit, Oversized Vehicle Permit, Sign Permit, Vacating Plat,
Utility Easement by Separate Instrument, Plat Time Extension,
Zoning Change, Zoning Board of Adjustment, Deferment
g
Agreement, Technology Fee related to Building, Electrical,
Mechanical, and Plumbing Permits. (Attachment #19)
19.d. Resolution authorizing adjustment of Parks, Recreation, Cultural,
and Leisure Time Activities Rental and Recreational Fees; adding
New Rental Fees and Recreational Fees for Fiscal Year 2007-
200 ; and providing for an effective date; providing for publication.
(Attachment #19)
M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT
SCHEDULED ON THE AGENDA WILL BE HEARD AT
APPROXIMATELY 12:00 P.M. OR ►T THE END OF THE
COUNCIL NS WHICHEVER Is EARLIER. PLEASE LIMIT
�ILII�IE� , ,._.
Agenda
Regular r Council Meeting
July 17, 2007
Page 8
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
PRESENTATIONS i S T THREE MINUTES. IF YOU PLAN TO
ADDRESS THE COUNCIL DURING RING 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 ingl s es limitado, habra urn interprete
ingl s -espar of en la rennin de la junta pare ayr darle.
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 15 NOT MEANT TO RESTRAIN A CITIZEN'S
FIRST AMENDMENT RIGHTS.
N. EXECUTIVE SESSION:
PUBLIC NOTICE is given that the City Council may elect to go into
executive session at any time during the meeting in order to discuss any
matters listed on the agenda, when authorized by the provisions of the
Open Meeting Act, Chapter 551 of the Texas Government Code, and
that the City Council specifically expects to go into executive session on
the following matters. In the event the Council elects to go into
executive session regarding an agenda item, the section or sections of
the open Meetings Act authorizing the executive session wine publicly
announced by the presiding office.
0. REPORTS:
The following reports include questions by council to staff regarding City
policies or activities; request by Council for information or reports from
Staff; reports of activities of individual Council members and Staff;
constituent concerns; current topics raised by media; follow -up on staff
assignments; scheduling of future Council meetings and activities; and
other brief discussions regarding city - related matters.
20. CITY MANAGER'S AGE 'S I EP I T
* Upcoming Items
21. MAYOR'S R'S PLATE
Agenda
Regular Council Meeting
July 17, 2007
Page 9
CITY COUNCIL
PRIORITY ISSUES
(Refer to legend at the end of the
agenda summary)
22. COUNCIL AND OTHER REPORTS
P. ADJOURNMENT:
POSTING STATEMENT:
This agenda was posted on the City's official bulletin board at the ,
front entrance to City Hall, 1201 Leopard Street, at 2:15 p.m.,
July 13, 200 7.
Armando Chapa
City Secretary
NOTE: The City Council Agenda can be found on the City's Home
Page at www.cctexas.com after 7:00 p.m. on the Friday
before regularly scheduled council meetings. If technical
problems occur, the agenda will be uploaded on the
Internet by Monday morning.
Symbols used to highlight action item that implement
council priority issues.
1
MINUTES
CITY F CORPUS CHRISTI, TEXAS
Regular Council Meeting
July 10, 2007 - 10:00 a.m.
PRESENT
Mayor Henry Garrett
Mayor Pro Tem Nelda Martinez
Council Members:
Melody Cooper*
Larry Eli ondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla Leal
Michael McCutchon
John Marez
*Arrived at 10:31 a.m.
City Staff:
City Manager George K. Noe
City Attorney Mary Kay Fischer
City Secretary Armando Chapa
Mayor Garrett called the meeting to order in the Council Chambers of City Hall.
The invocation was delivered by Pastor Arnold Zungia with The Lord is Peace Worship
Center and the Pledge of Allegiance to the United States flag was led by Council Member Leal.
City Secretary Chapa conducted a roll check.
Mayor Garrett called for approval of the minutes of the regular Council meeting of June 26,
2007. Mr. Hummel! made a motion to amend the minutes on Pg.12. Paragraph 2, to reflect " that
retailers classified as a relocation be required by contract to cooperate with their prior landlord in
fulfillin g and /or terminating requirements of their lease before relocating to Crosstown Commons."
The motion was seconded by Ms. Martinez, and passed unanimously (Cooper absent). Mr.
Hummell made a motion to amend the minutes on Pg. 12, Paragraph 8, to reflect " directing staff to
make the document compatible with the changes made by other council members as well as the
proposed new terms submitted by John Bell on behalf of CBL." The motion was seconded by Ms.
Martinez, and passed unanimously (Cooper absent). A motion was made and passed to approve
the minutes as amended.
Mayor Garrett referred to Item 2 and the following board appointments were made:
Cable communications Commission
Connie Gutierrez (Reappointed)
Sister City Comr i tee
Tim Dowling (Appointed)
Javier Morin (Appointed
Drew Reining (Appointed)
Planning Commission
A. Javier Huerta (Reappointed)
David Loeb (Appointed)
Govind B. Nadkarni (Appointed)
Mayor of the consent agenda (Items 3 -1 . There were no
comments from the public. Council members requested that Items 3, 6, 11 and 15 be pulled for
individual consideration. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
July 10, 2007 — Page 2
4. MOTION 1 .2007 -1 8
Motion approving the purchase of library furniture from the following companies for the
following amounts in accordance with Bid Invitation No. BI-0178-07 based on only bid, low
bid meeting p ecifications and low bid fora total amount of $98,459.86. The library furniture
will be installed at the newly remodeled Northwest Branch Library. Funds are available in
the Library 2007A Capital Improvement Project Fund.
Brodart Company Business Interiors of Texas
McElhattan PA C r ups Christi TX
Group Nos.: 1 -3, & Croup Nos. 4 & 8
$86,805.16 $11,654.70
Grand Total: $98,459.86
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
5. MOTION i. 2007 -169
Motion approving the purchase of an upgrade to the security access control system at the
pp
Corpus Christi International Airport from Metroplex Control Systems, of Dallas, Texas based
on
the Cooperative Purchasing Agreement with the State of Texas, for a total amount of
$45,139.19. Funds have been budgeted by the Aviation Department in FY 2006 -2007.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
7. MOTION NO. 2007-1 1
Motion approving the purchase of traffic control equipment from the following companies
pp . � � � based on low
for the following amounts in accordance with Bid Invitation No. BI -0181
bid and most advantageous bid for a total amount of $107,092. Funds have been
budgeted by the Street Department in FY 2006 -2007.
Paradigm Traffic Systems, Inc.
Fort Worth TX
Item Nos.: 1, 2, and
$68,532
Texas Highway Products LTD.
Round Rock, TX
item Nos.: 3 and
$38,560
Grand Total: $107,092
The foregoing motion was assed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, McCutchon, Marez, , and Martinez, voting "Aye"; Cooper was absent.
8. MOTION N. 2007.172
Motiorn rovin the purchase of one (1) prefabricated storage building from Safety
p p
Storage, Inc. of Charleston, Illinois in accordance with Bid Invitation No. BI- 9170 -97 based
g bid prefabricated storage building will be
on only bid for a total amount of $54,368. The prefab 9
delivered and installed at the J. C. Elliott Transfer Station located at 7001 Ayers Street.
Minutes — Regular Council Meeting
July 10, 2007 — Page 3
Funding is available in the Solid Waste Grant fund and 2004 Capital Improvement Program
Fund.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
9. MOTION NO. 2007-173
Motion approving the purchase of a mobile license plate reading system from AutoVu
Technologies, Inc., of Montreal, Quebec, Canada, based on sole source for a total amount
of $26,250. The mobile license plate reading system will be used by the Police Department.
Funds are available through the Police Department Grants.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel', Kelly, Leal, McCutchon, hon, Tare , and Martinez, voting "Aye "; Cooper was absent.
1O.a. RESOLUTION NO. 027324
Resolution lution authorizing the City Manager or his designee to execute all documents necessary
to accept the $14,000 Coordinated Community Approach to Promote Wellness
(CCAPWELL)grant from the Texas Department of State Health Services to develop a
strategic plan to promote wellness.
The foregoing resolution was passed and approved with the following vote: Garrett,
Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was
absent.
10.b. ORDINANCE NO. 027325
Ordinance appropriating a Coordinated Community Approach to Promote Wellness
(CCAPWELL)grant from the Texas Department of State Health Services in the amount of
$14,000 in the No. 1067 Parks and Recreation reation Grants Fund to develop a strategic plan to
promote wellness.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez,
voting "Aye"; Cooper was absent.
12. MOTION NO. 2007-17
Motion authorizing the City Manager or his designee to execute a construction contract with
R.S. Black Civil Contractors, Inc., of Corpus Christi, Texas in the amount of $429,700 for the
0. N. Stevens Water Treatment Plant Chlorine Evaporator Replacement.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent.
13. MOTION NO. 200 -1
Motion authorizing the City Manager or his designee to execute a job order contract with
Alpha Building Corporation, of Corpus Christi, Texas in the amount of $44,920.45 for the
Fire Station No. 11 Driveway Repairs Project.
Minutes — Regular Council Meeting
July 10, 2007 — Page
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, h arez, and Martinez, voting "Aye"; Cooper was absent.
14. MOTION NO. 2007-17
Motion authorizing the City Manager or his designee to execute Amendment No. 11 to the
Engineering Services Contract with Pierce, Goodwin, Alexander, and Linville (PGAL), Inc., of
Dallas Texas in an amount not to exceed $327,000 for the Corpus Christi International
Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting
Improvement Projects.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
16. ORDINANCE NO. 027328
Authorizing the City Manager or his designee to execute a twenty -year lease with the
Tulos -Midway Independent School District to lease approximately .42 acres out of West
Guth Park for District tennis court facilities. (First Reading 6/12/07)
The foregoing ordinance was passed and approved on its second reading with the following
g g
vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye";
Cooper was absent.
Mayor Garrett opened discussion on Item 3 regarding the purchase of a Bomb Response
Vehicle. Council Member Martinez asked for information on the bomb robot. Police Chief Bryan
Smith said the bomb robot allows officers to respond to a dangerous device without physically
risking the life of a police officer. City Secretary Chapa polled the Council for their votes as follows:
g p
3. MOTION NO. 2007-1
Motion approving the purchase of a Bomb Response Vehicle from Advanced Containment
Systems, Inc., of Houston, Texas fora total amount of $333,656. Funding is made available
through the Homeland Security 2006-2008 Law Enforcement Terrorism Prevention Program
(LETPP)Grant.
The foregoing motion was passed and approved with the following vote: Garrett, Elizondo,
g g
Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent.
Mayor Garrett p ened discussion on Item 6 regarding supply agreements for hot mix asphalt.
Council Member Martinez asked what determines the number of bid invitations sent to companies.
Assistant Director of Financial Services Michael Barrera responded that the determinant for the
number of invites is that the material for this item is specialized and there are a limited number of
suppliers. City Secretary Chapa polled the Council for their votes as follows:
6. MOTION i NO. 2007-170
{Lotion rovin supply agreements with the following companies for the following amounts
pp g
for hot mix asphalt, based on low bid, awarding primary and secondary agreements, in
accordance with Bid Invitation No. BI-0168-07 for an estimated semi - annual expenditure of
$776,584 of which $64,71 5.34 is budgeted for the remainder of FY 2006 -2007. The term of
Minutes — Regular Council Meeting
July 10, 2007 — Page
the agreements shall be for six months with options to extend for up to five additional si -
month p erids, subject to the approval of the suppliers and the City Manager or his
designee. Funds have been budgeted by Street Services in FY 2006 -2007 and requested in
FY 2007-2008.
Bay LTD.
_on TX
Primary Supplier Bid Item 1 -2
$652,834
Grand Total $775,584
HAC Materials, LTD.
Corpus Christi TX
Secondary Supplier Bid Item 1 -2
$'128,750
The foregoing motion was passed and approved with the following vote: Garrett, Eli and ,
Hummell, Kelly, Leal, McCutchon, Mare , and Martinez, voting "Aye "; Cooper was absent.
Mayor Garrett opened discussion on Item 11 regarding unappropriated interest earrings
appropriated and transferred to the Utility System Debt Service Fund. In response to Council
Member Leal, City Manager Noe stated that staff would provide the investment report detailing the
amount of mone y in the unappropriated interest earnings accounts from the Water Capital
Improvement Projects. City Secretary Chapa polled the Council for their votes as follows:
11. ORDINANCE NO. 027326
Ordinance appropriating and transferring $91,137.13 of unappropriated interest earnings
from Water Capital Improvement Program Fund 4080 to and appropriating in the Utility
System Debt Service Fund 4400; appropriating $8,086.76 of unappropriated interest
earnings and transferring $81, 18.87 from Water '1 994 Capital I m prover ent Program Fund
4081 to and appropriating in the Utility System Debt Service Fund 4400; appropriating
$13,616.35 of unappropriated interest earnings and transferring $96,303.85 from Water
1995 Capital Improvement Program Fund 4082 to and appropriating in the Utility System
Debt Service Fund 4400; and appropriating $2,204,201.01 of unappropriated interest
earnings and transferring $2,290,674.36 from Water 1999 Capital Improvement Program
Fund 4083 to and appropriating in the Utility System Debt Service Fund 4400 to be applied
to the FY 2006-2007 debt service payment; amending the FY2007 Capital Budget adopted
by Ordinance No .026997 to increase appropriations by $2,812,041.25; amending the FY
2006 -2007 p erating Budget adopted by Ordinance No. 026908 by in reasing revenues and
appropriations by $2,509,734.21 each.
Mayor Garrett opened discussion on Item 15 regarding a Sanitary Sewer Construction and
1eimbursement 9 reement submitted by Al Development Inc. Council Member Hummell asked
questions 9 re ardin the reimbursement and how the fees are determined. Johnny Perales, Interim
Deputy De u Director of Development Services, explained that the collection line trust fund
reimbursement includes the off -site construction improvements based on actual bids and sections of
the improvements that occur within the limits of proposed subdivision that are reimbursed at an
offset cost. Mr. Perales added that the platting ordinance states that the trust fund reimburses the
difference in the minimum facilities required to serve that development versus the oversize lines the
developer is required to install. Mr. Perales said the developer pays pro rata based on the linear
feet of frontage along the collection line.
Council Member McCutchon asked questions regarding the developer' s payment and
reimbursement to the trust fund on this development. Mr. Perales provided an explanation of the
components for the reimbursement of costs. Council Members asked staff to provide a report on
the trunk funds. City Secretary Chapa polled the Council for their votes as follows:
Minutes — Regular Council Meeting
July 10, 2007 — Page
15.a. MOTION NO. 2007-177
Motion approving the Sanitary Sewer Construction and Reimbursement Agreement
submitted by Al Development, Inc., owner and developer of Airline Crossing Unit 1 located
south of Li p es Boulevard and west of Airline Road for the installation of 1,4 - Iinear feet of a
12 -inch PVC sanitary sewer collection line.
The foregoing motion was passed and approved with the following vote: Garrett, Cooper,
Eli ortdo, Hummell, Kelly, Leal, McCutchon, Mare z, and Martinez, voting "Aye.
15.13. ORDINANCE NO. 027327
Ordinance appropriating ro riating $99,600 from the Sanitary Sewer Collection Line Trust Fund No.
540450-4220-21801 to p ay Al Development, Inc., for the installation of 1,486- linear feet of a
12 -inch PVC sanitary sewer collection line as specified in the Sanitary Sewer Collection Line
Extension Construction and Reimbursement Agreement to develop Airline Crossing Unit 1 .
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Eli undo, Hummell, Kelly, Leal, McCutchon, Marez, and
Martinez, voting "Aye.
Mayor Garrett referred to Item 1, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0407-05, ArIthon ' s Aveda Salon: A change of zoning from a " R1 " One-family
Dwelling District to a " B-1" Neighborhood Business District on property described as
Claremont Place, Block 1, Lot 1, located at the northwest intersection of Sam Street and
Jacquelyn Drive, approximately 200 feet east of Everhart Road.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
t � p
the " B -1" Neighborhood hborhood Business District and, in lieu thereof, approval of a Special Permit subject
to a site plan and four (4) conditions.
Faryce Goode -Macon referred to a powerpoint presentation including the existing land use
map; subject p
• aerial view of the subject ropenty; pictorial views of the property; description of a " B-1"
Neighborhood hborhood Business District; perspective of salon; a revised site plan; and the special permit
conditions. Ms. Goode -Macon added that the subject property was found in violation of utilizing the
back portion of the property for commercial parking. She said the zoning case was tabled before the
Planning Commission to allow the applicant to meet with the neighborhood to reach agreement to
provide for the parking lot that exists to be conforming.
Council Member asked questions regarding the house located on the property; if the
neighborhood was in agreement with closing the existing drive on Sam Street; the use of the special
nee
permit; the location of the access to the parking lot; the difference between rezoning and issuing the
p ermit; the type of fence Located near Lot 2 on Sam Street; the location of the dumpster; access times for the dumpster service as described in condition 2; why the applicant requested a change of
zoning to " R -1 B" • how long the parking lot existed on the property; if the applicant received a permit
g � ff the zoning not be
to build the existing parking lot, noise issues; and traffic issues should g case
approved.
Minutes — Regular Council Meeting
July 10, 2007 — Page 7
Maria Elena Garcia, 734 Sam Street, spoke in opposition to the zoning request because of
traffic concerns and concern for children. Ms. Garcia stated that she supports the closure of Sam
Street with the entrance on Jacquelyn Drive. Abel Alonzo, 1701 Thames, requested that this item
be tabled for lack of communication.
A motion was made by Dr. McCutchon to amend the zoning request to add a condition
stating that- Lot 1 can only be used for parking and excludes the placement fthe dumpster on the
property. The motion was seconded by Ms. Martinez and passed unanimously.
Dr. McCutchon made a motion to close the public hearing, seconded by Mr. Kelly and
passed. Mr. Chapa polled the Council for their votes as follows:
17. ORDINANCE NO. 027329
Amending the Zoning Ordinance, upon application by Anthony' s Aveda Salon, by changing
the zoning map in reference to Claremont Place, Block 1, Lot 1, from " R1 B" One - family
Dwelling District to " R-113/SP" One - family Dwelling District with a Special Permit for a
parking lot, subject to a site plan and four conditions; amending the Comprehensive Plan
to account for any deviations from the existing Comprehensive Plan; providing a repealer
clause; providing a penalty; providing for publication.
An emergency was declared, and the foregoing ordinance was passed as amended and
approved as amended with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon,
Marez, and Martinez, , voting "Aye" ; Hummel! and Leal voting No" .
City Secretary Chapa announced that Item 18 was withdrawn by the applicant.
18. WITHDRAWN
Mayor Garrett referred to Item 19, and a motion was made, seconded and passed to open
the public hearing on the following zoning case:
Case No. 0507 -11, The Lakes at Kin • Estates Inc.: A change of zoning from a " RE"
Residential Estate District to a " r -'I " One-family Dwelling District on property described as
84.836 acres out of the north Aof Section 32, Laureles Farm Tracts recorded in Volume 3,
Page 15, Map Records of Nueces County, Texas, located south of King Trail off of South
Staples street.
City Secretary Chapa stated that the Planning Commission and staff recommended denial of
the " -1 A» One - family Dwelling District and in lieu thereof, approval of a RE/SP" Residential
Estate District with a Special Permit for the entire subdivision subject to twenty -one (21) conditions.
Minutes — Regular Council Meeting
July 10, 2007 — Page
No one eared in opposition of the zoning change. Ms. Cooper made a motion to close
pp pp
the public hearing, seconded by Mr. Hare, and passed.
Ms. Goode -Macon said the applicant originally applied fora " F -I A" District but realized they
submitted the wrong district and were intending to keep the ` RE" with a Special Permit to allow for
the same provisions of the existing land uses as the Coves at Lago Vista Subdivision. She added
accepted th at staff the application, recommended denial of the " f -1 A and in lieu thereof approval of
a E1sP
" Residential Estate District with a Special Permit with twenty -ore conditions to allow for
reduced lot sizes. Ms. Goode - Macon referred to a map of the existing land use
Juan Marines, Corpus Christi/Nueces County Public Health District, said he was familiar with
septic tanks and spoke regarding the historical data of the existing tanks; safety issues;
the p p g i
s that occurred; required aerobic treatment uses; daily water uses; type of septic tanks;
problems occurred; �
ongoing monitoring; and testing for contamination.
Chuck Urban, 2725 Swantner, said this project was the final unit originally approved by the
Planning Commission in 2004. He spoke regarding the twenty -one conditions that were developed
Plan g � � characteristics in the permit to allow for individual treatment unit that are monitored, the unique
p
the subdivision;
the application for a " -1A" to reduce the size to less than 1 acre; and the mix f
the subdivision totaling 268 lots on 214 acres.
Council members asked questions regarding the special permit conditions; the current
zoning;
size of the lots; if this area of town has wastewater services; staff s recommendation; the
surrounding subdivision' s zoning and septic uses; access to the property; storm water services; the
urru g
consulting engineers; runoff into so Creek; mitigation; pooling areas; police and fire services; the
nu g en g
drainage riright-of-way nnetin to Creed; timetable to move sanitary sewer beyond
k reimbursement to the developer once the Master er Plan is approved; policy change regarding ,
septic tanks; the change in acreage of lots; contamination of so Creek related to septic tank uses;
ep g
the number of existing homes; the number of Lots sold or under construction; the number of lots
proposed; the reason the subdivisions was approved in phases; the purchase of additional property
subdivision and the expectation of approval for smaller lots; and dictating the minimum size
for the su p
of the lots.
Council members expressed concerns regarding allowing additional septic tanks in the City
limits.
A motion was made to amend the zoning ordinance to state the maximum number of 92 lots
ongacres. The motion was seconded by Mr. Kelly and passed; Hummell and Leal voting " No" .
Argo
Lion was made to amend Item 2 of the conditions to change the minimum lot size from I/2
acre to %acre. The motion was seconded by Dr. McCutchon and passed unanimously.
Mr. Chapa polled the Council for their votes as follows:
19. ORDINANCE FAILED
Minutes — Regular Council Meeting
July 10, 2007 — Page 9
An emergency was declared, and the foregoing ordinance failed with the following vote:
Cooper and Martinez voting " Aye" ; Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, and
Marez, voting " o"
* * * * * * * * * * * *
Mayor Garrett called for petitions from the audience. Alan Delgado, 3123 Lanier Drive,
spoke regarding etition requesting to improve the drainage and sidewalks for the 3100 and 3200
blocks of Lanier Street and the 1800 block of Whiting Drive. Joan Veith, 5701 Cain Drive, spoke
regarding the budget and increasing of rates. Donna Cisnerios, 1217 Tyler, spoke regarding
drainage and replacing the sewer lines in the Del Mar area. Andrea Harwell, 3025 Quail Springs
Road, requested an increase in funding for the Art Center. Jack Gordy, 4118 Bray, spoke regarding
the responsibilities of the City Council and illegal signs.
Tony Hartwell, 657 Don Patricia, spoke regarding animal control. J.E. 0' Brien, 4130
Pompano, spoke regarding the approval of tax increment financing. Dora Garza, Carlos Fernandez,
and Dr. Cesar Alberra in requested consideration for funding the Institute de Cultura Hispanica to
keep the museum open. Abel Alonzo, 1701 Thames, spoke regarding economic development and
p .. Catherine Lacroix
improving the quality of life. Dr. Lillian Walbaser, 15322 Yardarm Court, and
asked the Council to consider an increase in funding for the Asian Cultures Museum. Louis
Hoelscher, 4429 Congressional, spoke regarding the proposed increase in utility rates.
* * * * * * * * * * * * *
Mayor Garrett announced the executive session, which was listed on the agenda as follows:
24. Executive Session under Texas Government Code Section 551.074, Personnel Matters,
for deliberations regarding the appointment, employment, evaluation, reassignment,
duties, discipline, or dismissal of Municipal Court Judges with possible discussion and
action related thereto in open session.
The Council went into executive session. The Council returned from executive session and
the following motion was passed with the following vote:
24. MOTION X200 -178
Motion appointing Rodolfo Tamez as Presiding Judge, Division A effective June 19, 2007
and settin g his salary at $85,819.10 to a term co-terminous with the City Council.
The foregoing motion was passed and approved with the following vote: Garrett; Cooper;
Elizondo, Hummel], Leal, McCutchon, Marez, and Martinez, voting " Aye" ; Kelly voting " No" .
* * * * * * * * * * * * *
Mayor Garrett referred to Item 20, regarding the public hearing on the following zoning case:
Case No. 0507-10 Extreme Homes of Texas LLC: A change of zoning from a " R -1 B" One-
family Dwelling District to a " R -1 C" One-family Dwelling District on property described as
26.50 acres out of 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
750 feet from the intersection of Mc in ie Road. (REQUEST BY APPLICANT TO TABLE
UNTIL 7/24/07)
Minutes Regular Council Meeting
July 10, 2007 — Page 10
City Secretary Chapa announced that the applicant has requested to table the zoning case
y r �
July
24, 2007. Mr. Kelly a motion to table the zoning case until July 2 , 2007, seconded by Mr.
Hummell , and passed.
20. JABLEDTOJULY24 2007
•
e
ii iR R * * #7 * ii R * * J4
a
z
J ew
Mayor Garrett referred to Item 21, an overview of the Proposed FY 2007-2008 Budgets for
Enterprise Funds.
Assistant City Manager Oscar Martinez referred to a powerpoint presentation including: a
t .. ant
summary of working capital and fund balances for the enterprise funds; utility capital improvement , , .. � with bond and debt; customer
a chart detailing the utility debt service associated with refunding ,
projects;
h rates for utility funds; average residential utility charge estimates; gallons of water consumed
growth � full time
(1,000 allons for raw and treated water; the cost of purchased water for Lake Te ana; fu � Golf, and
equivalents, major revenues and expenditures for the Water, Gas, Wastewater, Airport, Go ,
q J
Marina funds; gas consumption; and the budget calendar.
Council members asked q uestions regarding the Choke Canyon Fund; assets; reasons for
delay in construction of the slip rentals at the marina; the condition of the greens at Gabe
the
Lozano Golf Course; if Master Channel 27 has an effect on the completion date of Cimarron Road;
the MGD expansion at the Greenwood Wastewater Treatment Plant; the options for the Broadway
Treatment Plant; loss of customer growth for gas; historical utility rate increases; the estimated
consumption of water when using a sprinkler system; the winter average consumption; increase of
rates in the water fund; the increase in the debt service fund; the capital improvement projects;
unappropriated
interest; the automated meter reading project; gas infrastructure; gas cost -of- service
wastewater full time equivalents; oil and gas
rate increases; the decrease in gas consumption; was g
roduction revenues in the airport fund; additional ADA compliant shuttle vehicles at the airport;
concession p eration at golf courses; and expenditures in the marina fund.
Council Member McCutchon asked staff to provide recommendations for funding marketing
for the marina.
Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open
the public hearing on the Proposed FY2007 -200 Operating Budget.
Bill Kopecky, Kopeck 3609 Topeka, a, s oke regarding solid waste as an enterprise fund; the 5.75%
utility rate increase and the general fund balance. J. E. 0' Brien, 130 Pompano, commented on the
� � .. .. Kelly, 4302 Schanen,
tax rate and spoke in opposition of utility rate increases. Mary Anne y
property
s oke regarding the marina, Crosstown Commons, and utility rate increases. Henry Williams,
2422
Summers, asked Council to revisit the discussion on the Broadway Treatment Plant. Abel Alonzo,
1 701 Thames, asked the Council to continue asking questions of staff regarding the budget.
Minutes — Regular Council Meeting
July 10, 2007 -- Page 11
Mr. Marez made a motion to close the public hearing, seconded by Mr. Kelly, and passed.
Mayor Garrett opened discussion on Item 23 regarding ;` one - time" expenditures from the
estimated excess revenues over expenditures. Assistant Budget Director Eddie Houlihan presented
this item and provided a list of the recommended one-time expenditures.
Council members asked questions regarding the buydown of lease purchases; the amount of
the proposed expenditures; the use of excess funds to pay the amount of debt; how the list is
derived and who decides the one -time expenditures; downtown improvements; and the animal
control pickup trucks. J.E. 0' Brien, 4130 Pompano, spoke in support of the purchase of needed
equipment and commented on the City' s total debt, Bill Kopecky, 3609 Topeka, spoke regarding
the use of the fund balance for the Memorial Coliseum. City Secretary Chapa polled the Council for
their votes as fellows:
23. ORDINANCE NO. 027330
Ordinance appropriating $2,902,327 from estimated excess revenues over expenditures in
the No. 1020 General Fund for " one time" expenditures in the FY 2006 -2007 Operating
Budget including: Police vehicles $155,000; books for new Southside Library $370,000; 2
ambulance remounts $160,000; refurbishment of 13 garbage trucks $544,000; Parks and
Recreation vehicles and equipment $31 ,000; Street maintenance $500,000; Animal Control
vehicles $80,000; Fire vehicles $156,000; Fire station repairs $50,000; Downtown
improvements $50,000 and buydown of lease purchases $522,327; amending the FY 2006-
200 Operating Budget adopted by Ordinance No. 026908 by increasing revenues and
appropriations by $2,902,327 each.
An emergency was declared, and the foregoing ordinance was passed and approved with
the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Mare z, and
Martinez, voting " Are" .
Mayor Garrett called for the City Manager's report. City Manager Noe announced the " Free
Construction Debris Disposal and Used Tire Recycling Day" at the J.C. Elliott Landfill on Saturday,
July 14th from 7 :00 a.m. to 5:00 p.m.
Mayor Garrett asked staff to consider adopting a program that will help clean up the city.
Mayor Garrett asked staff to provide some consequences to the budget if the utility rates are not
increased.
Mayor Garrett called for Council concerns and reports. Council Member Marez announced
that since he is a State employee and is ineligible to collect his Council Salary, he will offer his salary
for the next two years as a donation to non profit organizations. Mr. Marez asked that any
organization interested in receiving the funds should contact the City Secretary s Office and be able
to verify their non - profit status.
Council Member Marez spoke regarding his request for a presentation on the noise
ordinance and the status of the airport international flights.
Minutes — Regular Council Meeting
July 10, 2007 — Page 12
Council Member Leal asked for the status on the presentation regarding the 78415
expenditures for the last five ears. City Manager Noe responded that the presentation was
scheduled for the August 28tn meeting. Ms. Leal thanked the Water, Storm Water, Health,
Engineering, Development Services and Police departments for their assistan a in resolving citizen
• Memorial Coliseum
complaints. Ms. Leal asked questions regarding the Town Hall meeting for the Memona
in District 3 at the Corpus Christi Natatorium.
Council Member Elizondo announced the Town Hall meeting scheduled on July 11th from
6:00 p.m. to 7:30 .m. at the Harbor Place Retirement Residence at 5518 Lipes to discuss the
Memorial Coliseum. Mr. Elizondo thanked City Manager Noe and Assistant City Manager Ron
Massey for responding to concerns regarding street repairs.
Council Member McCutchon asked for the status regarding an e-mail from Gary Graham
about a sewer cave in. staff` responded. Dr. McCutchon also spoke regarding the Padre Island
Property Island Association' s request for trash barrels at the boat ramps.
Council Member Hummel' spoke regarding a code violation for a property on Airline Road
where grass is blocking the sidewalks. Mr. Hummel' asked staff for the procedure for violations and
to provide information about the property owner. Mr. Hummell as ked staff to provide information
regarding street construction standards, how streets are built and the different specifications.
g g
Council Member Martinez thanked Jeff Kaplan, Annie Leal, Yvonne Haag and Robert Quiroz
for their immediate response on a debris issue.
There being no further business to come before the Council, Mayor Garrett adjourned the
Council meeting at 4 :43 p.m. on July 10, 2007.
2
a. CC CONVENTION s VISITORS BUREAU - Six vacancies, five with a two -year
term to 8-10-09 to represent the following categories: 2 - At Large, 1 - Hotel
Industry; 1 - Restaurant Industry; 1 - Attraction Industry; and a representative
from the Corpus Christi International Airport to serve as an ex-officio, non voting
member.
DUTIES: S: To solicit various organizations and associations to conduct
meetings/ conventions/ tradeshows within Corpus Christi year-round; to promote
the City as a year -round destination; to design and implement an advertising
campaign with state, national and international coverage to feature the Corpus
Christi area as an attractive region in which to vacation or have conventions or
group meetings; to provide support services to conventions in Corpus Christi; to
operate visitor information centers; to provide information and advice to
businesses interested in tourism and convention- related business in the Corpus
Christi area; and to advise the City on projected growth of tourism and
convention-related businesses to assist City planning efforts.
COMPOSITION SUMMARY: Eleven 11) members selected directly by the City
Council. The members shall be representatives of the following groups: 2 - hotel
industry; 2 - attraction industry; 2 - restaurant industry; and 5 - community at
large. The Mayor and City Manager, or their designees, shall serve as ex-officio
non- voting members of the Board. In addition, the Council will, appoint a
representative from the Port of Corpus Christi Authority, a representative from the
Regional Transportation Authority and a representative from the C.C.
International Airport to serve as ex-officio advisory non voting members.
Appointments will be for staggered, two-year terms. No person may serve as a
voting member for a period longer than six years consecutively, unless such
service is required by virtue of the person's position or title or to complete an
unexpired term.
ORIGINAL
MMRERa M APP TD. DATE
Foster Edwards (At Large), Chair 8-01-08 -1 -
1
Robert Tame (At Large) 8-01-08 7-18-06
*John Trice (At Large) 8 -01 -07 7-18-06
*Art Granado (At Large) 8-01-07 7 -18 -0
Butch Pool (At Large) 8-01-08 748-06
Bill Morgan (Hotel Industry) 8-01-08 2-13-07
*dyoti Patel (Hotel Industry) 8 -01 -07 7-18 -0
Bob Becquet (Restaurant Industry) 8-01-08 8-06
*Damon Bentley (Restaurant Industry) - 01--07 7-18-06
Frank "Rocco" Montesano (Attraction Industry )8- 1 -0 6-19-07
*Tom Schmid (Attraction Industry) 8-01-07 7-18-06
Vangie Chapa (RTA representative) non - voting
Michael Perez (Port of CC representative) Ex-officio, non - voting
Vacant n (C.C. International Airport) Ex-officio, non-voting
Mayor Ex-officio, non - voting
City Manager Ex-officio, non - voting
*Seeking Reappointment
**Not seeking reappointment
***Resigned
* ** *Exceeded number of absences allowed by ordinance
*****Has met six -year service limitation
(Note: The Convention & Visitors Bureau is recommending the reappointment ent of
John ice (At Large), Art Granado (At Large), Tom Schmid (Attraction Industry),
and Damon Gently (Restaurant Industry) and the new appointment of Nils
Stolzlechner (Hotel Industry). Their second choice for the Hotel Industry is cryoti
Patel.
ATTENDANCE ANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT
NAME
John Trice (At Large)
Art Granado (At Large)
Jyoti Patel (Hotel Industry)
Damon Bentley (Rest. Ind.)
Tom Schmid (Attraction Ind.)
NO. OF MT GS. NO. % OF ATTENDANCE
TfflS TERM PRESENT LAST TERM YEAR
11
11
11
11
11
OTHER INDIVIDUALS S EXPRESSING INTEREST:
HOTEL INDUSTRY (One vacancy)
John Garcia
Josh Morris
Ed Persall
James Robbins
Nils Stolzlechner
Bella Zavala
10 91%
10 91%
73%
82%
82%
Director of Sales, Bayfront Plaza Hotel and Conference
Center. Attended Del Mar College. Activities include:
Corpus Christi Chamber of commerce and Hispanic Chamber
Ambassador, Harbor Lights Committee Member, Coastal
Bend Hospitality Sales and Marketing Association, and
Hospitality Sales Person of the Year. (Hotel Industry) (12-4-
06
General Manager, Holiday Inn Airport. Received A.S. in
Culinary Arts from Vincennes University and B.S. in
Hospitality Management from Purdue University. Activities
include: Hotel Motel Condo Association, MS Walk, Special
Olympics, HSMA, HCSMA, United Way and Coastal Bend Aids
Foundation. (Hotel Industry) (2-23-06)
Director of Sales, Holiday Inn Emerald Beach. Attended Del
Mar College for Industry Training and continuing education.
Activities include: Salvation Army Advisory Board and HSMA.
Received the HSMA Member of the Year Sales and Marketing
International Award and the WHI Gold Award. (Hotel
Industry)
General Manager, Hilton Hotels (Embassy Suites). Received
B.S. in Education. Member of the Hotel Motel Condo
Association. (Hotel Industry) (1-16-06
General Manager, Omni Hotels. B.A., Business. Consultant
to the Wind 86 Water Games. Member of Downtown District
Improvement, Los Angeles, CA; Swiss Hoteliers Association,
Switzerland; Lucerne I riens Convention 86 Visitors,
Switzerland. (Hotel Industry) (7/02/07)
Corporate Sales Manager, Port Royal Ocean Resort and
Conference Center. Received an Associate's degree from Del
Mar College. Activities include: FOCCB, Forward Corpus
Christi, HSIVIA, Hispanic chamber of Commerce and the
RESTAURANT INDUSTRY (One vacancy)
Christopher Aebu Chef/ Owner, Restaurant Lavender. Attended the California
Culinary Academy. (Restaurant Industry) s ry(4-28-05)
Danny Williams
Marketing/ Driver, Papa Johns. Attended McPherson College.
Volunteer Pop Warner Coach. (Restaurant Industry)
r4/17/07J
ATTRACTION INDUSTRY (One vacancy)
Adam Nuse
Director of Group Sales, Corpus Christi Hooks. Received
Bachelors in Business Marketing from University of
Oklahoma and Masters in Sports Management from Wichita
State University. Activities include: Leadership Corpus
Christi, USO of South Texas - Board of Directors, and
American Red Cross Board of Directors. (Attraction
Industry) (11-06-06)
COMMUNITY AT LARGE (Two vacancies)
Kay Aeby Self-Employed, Medical. Past member of the American
Cancer Society. (Community at Large) (6-15-07)
Cliff Atnip
J.C. Ayala
Gerald Brown, Sr.
Rodney Buckwalter
Teresa Carrillo
Partner/ Real Estate. Cobb, Lundquist and Atnip. Received
B.A. in Finance from Baylor University. Member of the Rotary
Club and Toastmasters. (Community at Large) (42205)
Owner/Travel Agent, Let's Travel. Current member of the
Chamber of Commerce and Hispanic Chamber of Commerce.
Graduate of Mexico Tourismo. (Community at Large)
Vice president/ Senior Analyst, RS1 & Associates, Inc.
Activities include: Member of the Institute of Business
Appraisers, Member of the National Center for Employee
Ownership, ueces County Chapter of the Republican
National Party, numerous committees at Second Baptist
Church and Wounded Christian Ministries. (Community at
Large)
Manager, Training & Quality, First Data Corporation.
Received A.A. from Del Mar College, B.A. and M.S. from
Texas A 84 M University - Corpus Christi. Activities include:
Management Development Advisory Committee - Del Mar
College, American Society for Training and Development,
Patriot's Band and Honor Guard of America. (Community at
Large) (7-21-04)
Executive Director, Coastal Bend Bays Foundation. Received
B.S. in Marine Science Emphasis and M.S. in Estuarine
Ecology. Activities include: Flint Hills Community Council,
Beautify Corpus Christi, Earth Day Bay Day Committee and
Environmental Representative for the Coastal Bend Regional
Water Planning Group. (Community at Large) (3-18-05
Mary N. Carter
Evy Coppola
Thomas Criser
Andrew Dimas
Director of Physician Relating. Received B.A. in Biochemistry,
B.S.N. in Nursing and M.A. in Management. (Community at
Large) (6-22-05)
Owner, Pathways to Wellness. Activities include:
Founder/ Director of Extraordinary Business Women Owners,
League of Women Voters, Westside Business Association,
Barrios Association and Yoga Alliance . (Community at Large)
(4-21-05)
Vice President, ValueBank, Texas. B.A., Business, Texas
AB&II University. Member of Nissan Velocity Games 2006,
Padre Island Kiwanis. (7/18/06
Intern- Governmental Affairs, CC Chamber of Commerce.
B.A., Political Science, Texas ABM University - Corpus
Christi. Received award for Volunteer of the Year 200 -,
Christus Sohn Hospital Shoreline. (Community at Large)
e
(5/16/07)
Richard "Dick" Drilling General Manager, Kill TV. Received A.A. from Fresno City
College. Member of the Art Museum of South Texas, Driscoll
Children's Hospital, Best of the Best and Heart Association.
(Community at Large) - 08-05)
Jamie Duff Governmental Intern, CorpusBeat Magazine. Received B.A.
in English from Texas A 8s M and working towards M.A. and
Post certification in Accounting. Activities include: Corpus
Christi FOCUS and member of Church of the Good Shepherd
Bell Choir. (Community at Large) (1-06-06
Rebecca Esparaza Consultant, Public Relations Consultants. B.A., Marketing,
University of the Incarnate Word, San Antonio; M.S.,
University of the Incarnate Word, San Antonio. Member of
American cancer Society and Co- Founder and Co- Facilitator,
M.D. Anderson Cancer Support Group. (Community at
Large) (9/26/06)
Dr. George H. Fisher
Guadalupe Garcia
Mary Jane Garza
President, Ear, Nose and Throat Associates. Received M.B.
from the University of Alabama Medical School. Certified
Commercial and Airline Transport Pilot, Single and
Multiengine and Instructor Pilot. Activities include: Director
-- American Bank, former member of C.C. Yacht Club, YMCA
and former Chief of Staff of Driscoll Children's Hospital.
(Community at Large (3-30-06
Retired, Corn Products. Attended Del Mar College. Local
musician and founding member and board member of the
Texas Jazz Festival. (Community at Large) (2-23-05
Assistant Superintendent, West Oso Independent School
District. Received B.S., M. S . and Ed.D. Activities include:
Bishop's Guild, Literacy Council, Hispanic Women of the
Coastal bend and PIT. (Community at Large) 3 -27-
Georganne Gasaway
Chris Hamilton
Marketing and Sales Director, Corpus Christi Stamp Works.
Activities include: Rotarian, Optimist Club, Nueces County
Historical Courthouse, and The Voyage Project for the C.C.
Museum. (Community at Large) (1-26-06)
Vice President, Kd1Vf Commercial, , f nc . B.S., Texas A80/1
University - College Station. (Community at Large)
(1/10/07)
Kimberly Harris Executive Director, Purple Elephant Consignment. Attended
Del Mar College. Member of American Cancer Society, March
of Dimes, Soroptimist International and Downtown Corpus
Christi. (Community at Large) (5/08/07)
Laura Herbert Insurance Advisor, GSM Arva . Activities include: Better
Business Bureau, Delta Gamma, and Past President and
Current Board member of CBAB , (Community y cat Large)
(2-21-05)
Dora L. Hidalgo Clinical Record Administrator, MHMR of Nueces County.
Registered health administration technician. Member of the
Coastal Bend Health Information Management Association
and President of the South Texas Amigos de Mexico.
(Community at Large) (9-29-04)
Diane LaRue Independent Marketing Director, Melaleuca, Inc. Attended
LaSalle University, Temple University and Holy Family
College. Activities include: Mission 911, TWA Golf Chair and
Gala Committee, Blessed Sacrament Convent Auxiliary, Pan
American Roundtable and Leadership Corpus Christi Class
XXIx. (Community at Large) 2 -2 -
Chad Magill Chief Information Officer, Identity Theft Solutions, LC.
Associate Member of Certified Fraud Examiners at Houston
Community College. Activities include: Chamber of
Commerce, Hispanic Chamber of Commerce, Westside
Business Association, and SEA. (Community at Large) (6-
(6-
28-05)
Govind B. Nadkarni Consultant, Engineering and Management. Received B.S.
in Civil Engineering from Gujarat,University and M.S. in
Civil Engineering from University of Southern California.
Activities include: Chairman of Texas Board of
Professional Engineers (Licensing Board for State of
Texas), Assistant Vice- President of the Southern Zone
for National Council of Examiners for Engineers and
Surveyors. Graduate of Leadership Corpus Christi Class
13 and Received Tenure Award from Boys Club of
Corpus Christi. (Community at Large) (7-5-07
Nelida Ortiz
B.A., Texas A81I University. Member of Columbus Fleet
Association, Westside Business Association, Hispanic
Chamber of Commerce, Nueces County Medical Society
Auxiliary, and Salvation Army. (Community at Large)
fti MIA BPI 1
Richard Pulido
Mark Richmond
Richard Sanchez
Lawanda Skrobarczyk
Morgan Spear
Denise A. Stockwell
John Valls
David Villarreal
Marsha Williams
Regional Superintendent, U.S. Navy. Received B.S. in
Business Management from Park College. Activities include:
Prostate Cancer Committee with the American Cancer
Society, Leadership Corpus Christi, Deacon of Gardendale
Baptist Church, Junior Achievement Volunteer Program and
Cable Communications Commission. (Community at Large)
(2-2206)
Self - employed/ Publisher, The Business Journal. Received
B.A. from the University of West Florida. Activities include:
Heart Board, Rotary Club and the Ad club. Received the SBA
"Business Journalist of the Year" Award. Corr muni at
Large)
Realtor, Tropical Realty. Member of Texas Jazz Festival and
Founder of Veterans Band of Corpus Christi. (Community at
Large) (3/15/46)
President/COO, l t Commerce Mortgage. Has a Real Estate
Agent and MT G Loan Officer license. Activities include:
BACC, CCAR and the Chamber of Commerce. (Community
at Large) (6-08-05)
President /Owner, Morgan Spear Associates, Inc. Received
B.A. from University of Texas. Activities include: American
Institute of Architects, C.C. Chapter of AIA, Texas Society of
Architects, Church of the Good Shepherd, Alpha Tau Omega
and Texas Exes. (Community muni at Large) (7-12-06)
Publisher/Co-owner, Visi
3
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 7/17/2007
AGENDA ITEM: Ordinance appropriating an amended grant in the amount of 5 , 95. in the No. 1062
Fire Grants Fund, from the Division of Emergency Management, Office of the Governor, to carry out
designated Homeland Security Activities as part of the 2006 Homeland Security Grant Program; and declaring
an emergency.
ISSUE: On October 31, 2006 the City accepted a grant in the amount of $697,039A5 from the Division f
Emergency Management, Office of the Governor, to carry out designated homeland security activities as part
of the 2006 Homeland Security Grant Program. On February 23, 2007 the City received a "Grant Adjustment
Notice" from the Governor's Division of Emergency Management, increasing the original grant by
$151,634.59 to a total award amount of $848,674.04.
The City has now received a second "Grant Adjustment Notice" in the amount of $543,395.67 increasing the
original grant to a total award amount of $1,393,0693 1.
The funds provide for projects in the Citizen Corps Program, Law Enforcement Terrorism Prevention Program,
State Homeland Security Program, and the Metropolitan Medical Response System.
REQUIRED COUNCIL ACTION: Council Approval.
PREVIOUS UNCIL ACTION: Council has previously accepted Homeland Security Grants to
purchase numerous security projects.
CONCLUSION AND RECOMMENDATION: It is recommended that Council approve and appropriate the
grant increase in the amount of $543,395.67
rig 4g,k4ovs
Richard Hooks
Fire Chief
Attachments:
1. Ordinance
2. 2006 Grant Adjustment Notice
CADocuments and Settings\RickR\My Docurnents'A ends Items\ rantAjustment2,doc
BACKGROUND INFORMATION
The U. S. Department of Homeland Security annually issues grants to the State of Texas. The
Governor's Division of Emergency Management (D EM) serves as the State's agent for the various
grant programs.
C:\Documents and ettin s Jtickl \My Documents\Agenda Items\OrantAju tment .doc
AN ORDINANCE
APPROPRIATING AN AMENDED (RANT IN THE AMOUNT OF
5543,395.67 IN THE NQ. 1062 FIRE GRANTS FUND, FROM THE
DIVISION OF EMERGENCY MANAGEMENT, OFFICE OF THE
GOVERNOR, TO CARRY OUT DESIGNATED HOMELAND SECURITY
ACTIVITIES AS PART OF THE 2006 HOMELAND SECURITY GRANT
PROGRAM; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $543,395.67 from an amended grant from the Division of Emergency
Management, Office of the Governor, is appropriated in the No. 1062 Fire Grants Fund
to carry out designated homeland security activities as part of the 2006 Homeland
Security Grant Program.
SECTION 2. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and (2) suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon flrst reading as an emergency measure on this the 17th day of July, 2007.
ATTEST:
Armando Chapa
City Secretary
THE CITY OF CORPUS CHRISTI
Henry Garrett
Mayor
APPROVED as to form: c% / Cv , 2007
By:
Joseph amey �
Assistant City Attorney
For City Attorney
Ord-Appr-Fire-1.15-6.doe
2
Corpus Christi, Texas
day of
, 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: !Ave, therefore, request that you
suspend said Charter Jule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Lam Elizondo, Sr,
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
Governor's Division of Emergency Management
June 4, 2007
2, Prepared by Latham, John
2006-GE-T6-0068
Date Federal Grant Awarded to DEM:
Federal Granting Agency:
Note: Additional Budget Sheets (Attachment A): No
LAP
97.074
1,019,634.95
14MRS
97.071
533,330.00
10. Sub- Recipient Acceptance
1 have read and understand the attached Terms and Conditions.
1
•
4
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 07/17/07
AGENDA ITEM:
Ordinance appropriating $9,899 in Training Revenues received from Del Mar College and Portland
Fire Department into the General Fund for the Fire Department to purchase an All - Terrain Vehicle;
amending the FY 2006 -2007 Operating Budget, adopted in Ordinance No. 026908 by increasing
estimated revenues and appropriations by $9,899 each; and declaring an emergency.
ISSUE:
The Training Division is in need of an "All - Terrain Vehicle" for transporting equipment and
instructors at the Del Mar College Public Safety Training Facility. The facilities are arranged where
the Drill Tower and the offices are approximately 'A miles apart and transportation will be needed.
In addition, we anticipate utilizing the vehicle for special events such as parades and festivals.
During these events, the vehicle will be manned by Paramedics which will expedite response to
injured or sick patients around events with large groups of people.
REQUIRED COUNCIL ACTION:
Council approval is required to authorize the City Manger to amend the FY 2006 -2007 Operating
Budget and appropriate the $9,899 for an "All-Terrain Vehicle".
PREVIOUS COUNCIL ACTION: None
CONCLUSION AND RECOMMENDATION:
Staff recommends am nding the FY 2006-07 Operating Budget and appropriating $9,899 for the
purchase of an ` *A11- Terrain vehicle ",
•ift 1, .
Richar • ooks
Fire Chief
Attachments:
Ordinance
CADocuments and etting \RickR\M r Docurn nts \Training Reimburm nts\Al1Torrain chi l .doc
AN ORDINANCE
APPROPRIATING X9,899 IN TRAINING REVENUES RECEIVED FROM
DEL MAR COLLEGE AND THE PORTLAND FIRE DEPARTMENT INTO
THE GENERAL FUND FOR THE FIRE DEPARTMENT TO PURCHASE
AN ALL.-TERRAIN VEHICLE; AMENDING THE FY 2006 -2Q07
OPERATING BUDGET, ADOPTED IN ORDINANCE NO. 026908 BY
INCREASING ESTIMATED REVENUES AND APPROPRIATIONS BY
;9.899 EACH; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE art OF CORPUS CHRISTI,
TEXAS:
SECTION 1. That $9,899 in training revenues received from Del Mar College and the
Portland Fire Department is appropriated in the general fund for the Fire Department's
purchase of an all- terrain vehicle.
SECTION 2. That the FY 2006-2007 Operating Budget, adopted by Ordinance No.
026908, is amended in Increasing estimated revenues and appropriations by $9,899.Q0
each.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and {2} suspends the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and takes effect
upon first reading as an emergency measure on this the 17t' day of July, 2007.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrets
City Secretary Mayor
APPROVED: J„ („a 4, , , , 2007
By:
Joseph arney
Assistant City Attorney
For City Attorney
Ord-Appr-Fire-DMC-ATV.doc
2
Corpus Christi, Texas
day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: 1/we, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council 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
5
CITY COUNCIL
AGENDA MEMORANDUM
city Council Action Date: 07!1 7107
AGENDA ITEM: Motion to authorize -9 -1 -1 Service Agreement with T-M bile USA, Inc in
the amount of $38,121 .00 for company to provide caller directory information and caller
location information for T-Mobile wireless customers 9 -1 -1 calls to the City Metrocom.
ISSUE: The Federal Communications Commission (FCC) has mandated that all
wireless telephone companies deliver Enhanced 9 -1 -1 service (which provides for
caller location of wireless 9 -1 -1 calls) into all public safety answering points. Currently,
state lair provides that home rule municipalities shall reimburse the wireless service
provider for their reasonable expenses for network facilities, including equipment,
installation, maintenance, and associated implementation costs. Staff has negotiated
a Wireless Service Agreement with T- Mobile USA, Inc. that includes an agreed cost
allocation method for the past and future delivery of E9 -1 -1 service.
REQUIRED COUNCIL ACTION: Approval of contract.
FUNDING: Funding is provided in the FY 0607 General Fund.
CONCLUSION AND RECOMMENDATION: Staff recommends approval of payment,
Bryan . Smith
Chief of Police
Attachments:
• Contract with T- Mobile, USA, Inc.
BACKGROUND INFORMATION
In, 1997 the City filed notice of intent to withdraw from the Coastal Bend Council of
Governments Interlocaf Agreement to provide 9-1 -1 service to the City of Corpus
Christi and the other COG counties.
As of May 12, 2002 the City began operating its own 9-1-1 service as a home-rule city.
Accordingly, the City must negotiate directly with all wireline and wireless telephone
carriers operating in its jurisdiction to maintain the delivery of 9-1-1 services into the
Public safety Answering Point PS P .
The Federal Communications Commission (FCC) has mandated that all wireless
telephone companies deliver Enhanced 9 -1 -1 service (which provides for caller location
of wireless -1 -1 calls) into all PSAP's. state law provides that home rule
municipalities shall reimburse the wireless service provider for their reasonable
expenses for network facilities, including equipment, ent, installation, maintenance, and
associated implementation costs. staff has negotiated a Wireless service Agreement
with T- Mobile USA, Inc. that includes an agreed cost allocation method for the past and
future delivery of E -1 -1 service.
.4
PHASE 1 /PHASE II E9 -14 SERVICE AGREEMENT
T
This Pose I/Phase II E9-i -1 Service Agreement, including aA Attachments appended hereto
("Agreement"), is entered into as of .,.- - - -- (theEfftIVe Datie"j, by and between
Eerily'") and Entity), T- Mnblr. use, (herehn after "911 Governmental after "'WW1 for the Installation
and provision of Phase I and Phase II E9-1 -1 Service, In compliance with the FCC Qrder,
defined In Article 1, paragraph 19 herein.
RECITALS
A. Pursuant to the FCC Order, the FCC requires cellular and Broadband PC5 licensees
and certain other wireless licensees to Initiate action for the provision of Phase I and Phase II E9-
1-1 service which will enable such licensees to (1) relay a caller's mobile directory number
information and the location of a aeA site receiving a 9-1 -1 tail to the designated PSAP and (i0
provide caller's location information to the designated PSAP according to the terms and oonditions
of this agreement and the requkements and standards that the FCC has in effect pertaining to
WSP.
B. 9-1 -1 Governmental Entity and WSP acknowledge that pursuant 1O the FCC Order,
Phase t and Phase II E9-1 -1 service requirements apply to a cellular or Broadband PGA licensee In
an area if the 9-1 -1 Governmental Entity (l) requests such service in writing from the licensee and
(2) the relevant pwbNc safety aASV+ier1n9 point(s) (PSAPS) in that area are capable of refiring and
utilizing the data elements associated wIt1t such service, and (3) has a mechanism for the recover/
of reasonable costs relating b3 the provision of such service is In place.
C. 9-i -1 Governmental Entity has (1) requested Phase Y and Phase II E9 -1 -1 Service
In writing from WSP Tor each PSAP In the 94-1 Governmental Cntity`s JWISdicUOn and (2)
represented and warranted that the PSAPs are capable of receiving and utilinng the data elements
associated with Phase I and Phase Ii E9-1 -1 Service and (3) represented and warranted that the
94-1 Governmental Entity has In place a methanlsn for the recovery of reasonable costs relating
to the provision of Phase i and Phase II X9-1 -1 Service.
D. 9-14 Governmental Entity and WSP wish to Implement Phase 1 and Phase II EM-
I Service according to the terms and conations described herein and in accordance with the FCC
Oder.
In consideration of these premises and the mutual covenants and agreements hereinafter
orrtained, the Parties hereby covenant and agrees follows:
The Attachments attached bo and hereby incorporated into this Agreement are
Attachment L
Attachment 2.
Attachment .
Attachment 4.
Attachment S.
Phase I Phase E914I Wireless Service Work Plan (the Work Plan)
Phase 1 and Phase Serve Contacts List
Fees Schedule
Standards
Insurance Requirements
ARTICLE — EFINITI N,
For the purposes of this Agreement (Induding all Attachments appended hereto), all capitalised
berms shall be defined as set forth below or as otherwise defined In this Agreement
is
A calf made by a Wireless End User utilizing WSP's wireless network, Initiated by dialing
"9 -1 -1" {and, as necessary, pressing the '"Send" or analogous transmitting button) on a
Wireless Handset.
2. ,9-1-1 o!vernrr r nti r
The ay of Corps Chi, Texas.
3. - �rnmenta�tr��
As damned in applkable law, Tens Health and Safety Code Chapters 771 and 772, the
geographic coverage area In which a -1 -1 Governmental Entity provides emergency -1 -1
service; such area is domed In maps and information to be provided by 9+1
Governmental Entity pursuant to the procedures set forth In the Work Plan.
4. 9-11_ Nttigc Prerder
The current operator of the selective router that proves the interface to the PAP for 9-
1 -1 service.
5. Ek _ Operator
The PSAP operator r+wir 941 cells.
6. hdifitiQ11
The act of '"turning on," or activating, Phase I and Phase 11 E9-1 -4 Service for live use
through Vg's network in a Phase 1 and Phase II +1 Service Area, as de sated in the
Work Plan attached to this Agent.
7. taltinign _ Pate
The date on which Activation takes place in a Phase I and Phase II E9-1-1 Serves Area, as
desaibed In the Work Plan.
8. &Okla
9.
With respect to a Party, any individual or entity that directly or indirectly controls, is
controlled by or Is antler common control with that Party.
The automatic display at the MAP of the coasts telephone number, the address/location
of the telephone, and supplementary emergency information. For wireless calls Ns would
include the Call Back Number Information of the Wireless End User and the
Cell/Ste/Sector Information.
Page o6
10.
A computer database used to update the Call Back Number information of Wheless End
Users and the Cell Site/Sector Information.
11. �aslcTr�clhwMeal61'A)
A geographic area used by the FCC as described in 47 C.F.R. §24.202 of the rules and
regulations of the FCC In Ong Broadband PCS serve areas, which areas are based on
the Rand amity 1992 Commerdal Ate & Marketing Guide, 123rd Edon, at pages 8-
39.
12. atediAndica
Broadband Personal Communications Service or its eqtdvalent, as &sated in Part 24 of
Mite 47 of the rimes and r regulations of the
Fcc, subpart , as amended from time to time.
The MIN or MDN, whichever Is applicable, of a wireless End User who has made a 9-14
call, which usually can be used by the PAP to calf back the Wireless End User if a 9-1 -1
call Is disconnected. In certain situations, the MIN or MDN forwarded to the OAPs may
not provide the PAP with Information necessary to call back the Wireless End User
making the 9-1-1 call, Including, but not limited to situates affected by Illegal use of
Serves (such as fraud, coning, and tumbling).
14. QaMaRaitylimmbeEZEN)
A 10-dl t dialable directory number used to call a Wireless Handset.
15. r
An area, geographically defined by WSP (accordlng to WSP's on radio frequency
coverage data), and consisting or a certain portion of all of the tidal coverage area of a
CeII site.
1. CaSilagrASOUlia
The unique numerfcal designation given to a particular Cell Sector that klentMes that Cell
Sector.
A WSP radio base station In the WSP Wireless Network that receives and transmit
wireless aommun[rafibns Initiated by or tiermiruaied to a WIC Handset, and links such
telecommunications bo the WSP's network.
18. r&Laglagaganformion
Information that indicates, to the receiver of the information, the location of the Cell site
initially receiving a 9-1-1 Initiated by an Wires End User, and which may also include
additional formation regarding a Cell Spector,
Page 3 of 26
19. sa1ikiL202110
Cellular Radiotelephone Senice, Cellular Service or its equivalent, as described in Part
of Tale 47 of the rules and regulations of the FCC, subpart H, as amended from time to
time,
20. EMSEMEZLWIXte Numb litiqr~a ; d
A number stored by the selective router used to route a call to a particular MAP.
21.
A routing number translated from the Cell Sector Identifier that routes the 44 call to the
appropriate KAP f
22.
A routing number (in telephone number format), which identilles a group of Cep Sectors or
Cell Sites served by a PSAP and which is utilized to route the 9-1-1 call by the Selective
Router to the appropriate PSAP and to query the ALI database.
23. E
The Federal Communications Commisslon,
24. =Quiz
The Federal Communications Commission Report and Order in CC Docket No. 94-102, the
Memorandum Opinion and Order and any subsequent orders In that FCC prodding.
25. MtALI Recorth
Templates from the AU Database that Identify the Cell Site location and the Cali Back
Number of the Wireless End User making a 94-1 call.
26. MilickailiciDELAIMOM
A geographic area used by the FCC as described in 47 C.F.R. §24.202 of the rules and
regulations of the FCC defining Broadband PCS service areas, which areas are based on
the Rand McNally 1992 Comm Atlas & Marketing Gukle, 123rd Ede, at pages 38-
39.
27.
A geographic area used by the FCC as described in 47 C.F.R. §22.909 of the rules and
regulations of the FCC In connection with Service.
28. Rattlit2nxklediumbecann
A 10-digit dlalable directory number used to call a wireless Handset.
29. kkbkidgititisMOZLNumber MUD
Page 4 of
I •�
A 10-cligit number assigned to and stored in a Wireless handset.
30. Moblle. Srflt (MSQ
A switch that provides stored program control for wireless call processing.
31. pady or Parkg
The term "Party' shall refer to WSP and 9-14 Governmental Entity, indMdually. The term
sPartice shall rear to WSP and 9-I-1 Governmental Entity
32.
The serve, specifically described in Article II of this Agreemimt, that WSP shall provide to
9`1 -1 Governmeital Entity pursuant to the terms and conditions of this Agreement
33. ftaiirzi,-_,LftniCA
The service, specifically described in Article 11 of this Agreement, that WSP shall provide to
9-1 -1 Government Entity pursuant to the terms and conditions of this Agreement and the
requirements and standards that the FCC has In effect pertaining b01AISP.
34. MiNiablinakEL-LUctifieArea(S)
Those geographic portions of a 9 -14 Governmental Entity Jurisdiction In which WSP is
licensed to pie Service. ollectively, all such geographic portions of the 9-1 -1
Governmental Enters Jurisdictkin subject to Ns Agreement shall be referred to herein as
the 'Phase I/Phase I E9-I-1 Service Areas.'
35.
A 24hour communications faulty established as an answering location for 9-1 -1 calls
originating within a given service area, as further defined in applicable law Texas Health
and Safety Code Chapters 771 and 772.
36. Rigagnmcmjation for pgla
A written statement of WSP stating that, based on the results of the veriftion
procedures comps as of the date of Vie, Phase or Phase II E9 -1 -1 service, in a
relevant Phase I/Phase E9-1-I. Service Area (and/or in reed Phase Pe 11 E9-1-1
Service Areas), should be delayed In Phase I /Phase 11 E9-1 -1 Serve Area past the
scheduled Activation Date.
37. gliniklY&AUCEEM
A geographic area used by the FCC as described in 7 C.F.R. §2.909 of the rules and
regulations of the FCC in connection With Service.
38. WiftScirdIARQintiga
A centralized database system used for, among other things, wireless Phase Phase 11 E9-
1-1 Service applications. It spies the routing of 9-1 -1 arils from the Cell Ste to the
PAP. This hardware device contains spedal soffivare and data that Includes all relevant
Page 5 of 26
Cell Site dons and Cell Sector Identifiers.
A wing office equipped with a program to receive and process 9-1-1 calls and route
them to the appropriate PSAP based on either the telephone number, BRD, or ESRK.
40. WM
Depending upon the geographic area In which It Is being provided, blur Serve or
Broadband PCS, as described In 47 ..F. Part 22, subpart H, and 47 C.F.R. Part 24,
subpart E, respectively, of the rules and regulations of the FCC, as amended.
41. yeoggi
A third party used by efther the 94 -1 Goyamental Entity or WSP to provided serWces
hereunder.
42. Mak SAMS%
The wireless equipment used by a Wireless End User to originate wired telephone calls
or to receive wireless telephone calls.
43. jttle
The named wigs service prowler and all its afflliabes (�llecUVdy referred to as
"WSP').
4, WP
Wireless telephone customers who subscribe to the Serve of WSP and have a billing
dress within a 944 Entity Jurisdiction.
4s. Ind= Endi&E
Any person or entity receiving Service on a WSP Wireless System.
46. WSP 1
Those mobile switching facilities, Cell sites, and other facilities that are used to provide
Service in an MSa►, RSA, MTA or BTA (or portion thereof).
47. ]ySP 1CVireleliNetmork
Those MSCs, cell sites, and other facilities that are used to pravlde Service in an MSA,
RSA, MTA or STA (or portion thereof) included In the Phase I/Phase II E9-1 -1 Service
Ares.
Page 6 of 26
ARTICLE 11- PROVISION OF
PHASE 1 E9-1-1 SERVICE AND PHASE II 0-1-1 SERVICE
"Phase 1 E941 -1 Service* means service by which delivers the
designateid PSAP the Wireless End User's Call Back Number ber nd Cell Site Sector Information when
a Wireless End User has made a 9-1-1 cal. WSP agrees In Implement and Is prt:rviding Phase 1 1-1 Service to 9-1-1 Governmental Entity as requested and agreed to In the Attachment 1, the
Phase VII E9-1-1 Wig Service Work Plan and according to the Standards set forth In
Attachment 4.
B. "Phase II E -9-1 -1 Service" means all services provided by the WSP's Phase I
obligations, with the addition of providing a descrlptlon of Wireless End User's physics! location (!G
Y coordinates) In compliance with the requirements and standards established by the FCC under
Docket 94 -102, and In aorrlplianae with all other federal, stabs, and local r+oqulrements and
standards applicable to WSP. WSP has implemented and Is providing Phase 11 E3-1-1 Service b:0
Government Entity as requested and agreed to In the Attachment 1, the Phase IJII E9-1 -1 Wireless
Service Work Plan, and according to the standards set forth In Attachment 4.
ARTICLE III—COSTS AND REIMBURSEMENT
A, 9-1 -1 Governmental Entity acknowledges that WSP w i incur costs in installing,
Ong, Providing and maintaining Phase 1 and Phase 11 E9-1 -1 Service to 9-1-1 Governmental
Entity and, as mandated by the FCC Order or state law, hereby agrees to refer WSP for
reasonable costs incurred by WSP in accordance with the provisions of Article III, 9-1 -1
Governmental Entity mpresents and warrants that a mediarisrn necessary for 94141 Governmental
Entity to relmbtwse WSP for reasonable costs as provided in this Article III Is already in place and
complies with all federal, state and local laws and regulations. Aftachmert 3, Fee Schedule, sets
forth the agreed upon payment plans hereunder for all reimbursable costs and amounts for Phase
1 and Phase 11 E9-141 Serlice.
B. The WSP shall keep records of Its costs for providing 34-1 emergency telephone
service. The WSP shall permit Inspection of these records by the Governmental Entity upon
request and at the cost of the gavemmental entity, but no more frequently than ones per year.
Vi/SP represents that Local Exchange Carrier (LEC) charges (such as charges assodnfied with and
related to E9-1-1 trunidng interconnection) are Included In Its nationsl prking model.
ARTICLE 1V—TERM AND TERMINATION
A. Term
The term of this Agreement ( the "Term's shall commence on the Effettiv+e Date hereof
and Continue for so long as VIISP is required to provide Phase 1 E9-1 -1 Service and Phase II E9-1 -1
service In the 9-1 -1 Governmental Entity's Jurisdiction in accordance with the FCC Order unless
terminated as provided in Section IVES hereof or elsewhere In the Agreement.
B. Modification and Termination
In addition to any rights o( the Parts to modify or terminate this Agreement found
elsewhere In this agreement the Parties may modify or terminate this Agreement before the end
of the then- current term under the following drcumstances.
1. WSP may modify this Agreement:
Page 7 or
a. Upon sixty (60) days written notice to 9-1 -1 Governmental Entity, If there
Fs a change In law, rule or regulation where, as a result of such change, the
obligations of or the restrictions upon WSP in providing Phase I or Phase II E3-1 -I
Service are significantly reduced, eliminated or Changed. Modifkation(s) made
pursuant to this subsection shall be limited to those necessary to make this
Agreement consistent with the reduced, eliminated or charged obligations of WSP
resulting from the change in law, rule or regulation; or
b. Upon sixty (60) days written notice to 9-1-1 Governmental Entity, if WSP
should sell or otherwise depose of all or a part of its Interest in any of its Affiliates
or their related WSP Wireless System that will assist in WSP's provision of Service
In the 9-1 -1 Governmental Entity ]urisdkilon. Upon such an event, this
Agreement may be modified only as appropriate in reflect such purchase, sale or
2. Either ws3 or 94-1 Governmental Entity may terminate This Agreement upon
a material breach of this Agreement by the other Party, which breach remains uncured
for sixty (60) days after written notice of the breach by the non-breaching Pasty.
3. This Agreement shag terminate immediately, upon mutual agreement of the
Parties set forth in writing and executed by both Parties.
ARTICLE V—CONFIDENTIAL NFORATION
A. The Parties hereby agree to abide by the confidentiality provisions set forth In
applicable Texas law, especially as provided for in Texas Health and Safety Code X771.061 and
X771.0711. To the extent permitted by law, the 9-1 -1 Governmental Entity shall keep confidential
Information provided by WSP and identified as proprietary or confidential. Upon receiving a
request for any WSP confidential information, the 9-1•1 Governmental Entity shat) request an
Attorney General Open Records Dedsbn pursuant to the Tees Open Records Act, Ch. 552, Tex.
Gov. Code [Texas PubNc Infarrtiatbn Act, Tex. Gov't Code Mn. § 552.001 et seq. (Vernon 1994
and Vernon Supp. 1997)] as amended, and shall notify WSP concurrently with Its request for the
Open 94-1 Governmental Entity shaN not release any
information idertfedby WSP as confidential until the General
Attorney General
Open Records Dedslon resolving the request for such Information or a final judicial decsfon
Is
made.
ARTICLE VI—LIMITATION OF WARRANTIES AND LIABILITY
A. Limitation of vnties
NOTWITHSTANDING ANY OTHER PROVISION OF 11115 AGREEMENT, 11* PARTIES
AGREE THAT NO PARTY HAS MADE, AND THAT THERE DOES NOT EXIST, ANY WARRANTY,
EXPRESS OR IMPLIED, INCLUDE BUT NOT LIMITED TO WARRANTIES OF MERC ANTABIUTY
AND FITNESS FOR A PARTICULAR PURPOSE FOR ANY SERVICE (OR GOOD) PROVIDED UNDER
THE AGREEMENT. SP PROVIDES A SERVICE UNDER THIS AGREEMENT AND NOT "GOODS° AS
DEFINED IN THE UNIFORM COMMERCE CODE, as adopted in Texas.
B. No Assumption of uabinh►
IN ADD ON TO THE LIMITATIONS OF umuUTf DESCRIBED ELSEWHERE IN THIS
AGREEMENT, WSP ASSUMES NO LIABILLI Y FOR ANY ACT OR OMISSION OF 9-14
GOVERNMENTAL EPTMY, BY VIRTUE OF ENTERING INTO 11-1IS AGREEMENT. 9-1-1
Page 8 of 26
GOVERNMENTAL ENTITY ASSUMES NO LIABILTIT FOR ANY ACT OR OMISSION OF WSP BY
VIRTUE OF ENTERING I TO no AGREEMENT.
C. Force Majeure
Nelther Party shall be liable for failure to perform pursuant to this Agreement if such
performance Is preciuded by acts or events beyond the Party's reasonable, good faith control,
including, but not I imp to: labor diMadties, strikes or embargo, govemmenb3I mandates, dvil
commotion, wars, power failures, cites, floods, water, earthquakes, vob:Irrlc activity, explosions
and any other ads of God.
D. No Consequential Damages
Except as otherwise provided in this Agreement, each Party agrees that the other Party
shall In no event be liable for, and each Party expressly waives Its right to claim, any, spatial,
collateral, pumRhre, incidental or consequential damages (inducting, but not Ilmltett to, Post profits)
d(recdy or indirectly arising out of or in aonnecilon with perFomnanoe or nonperformance of the
services to be provided under this Agreemerrt.
ARTICLE VII—INSURANCE
A. WSP shall maintain general liability insurance policies In an amount of not less
than two million dollars ,000,000. per occurrence, and workers' compensation
policies as required by state law. WSP may self- insure. Insurance requiremeni3 requirement are attached as a
separate exhibit.
ARTICLE via- -DISPurF RESOLUTION; JURISDICTION; GOVERNING LAW
A. This Agreement shall be governed by Texas law and all applicable FCC rules and
orders. The Parties hereby agree to work in good faint with each other to resolve any
disagreements and negotiations prior to 9-1-1 Governmental Entity or WSP Ming any formal
action. Should formal action be required, the patties shall first use an alternative dispute
resolution procedure conducted by a mutually agreed upon third party. If the alternative dispute
resolution procedure does not resolve the dispute, then the parties may use an administrative
proceeding if authorized by statule, Including non-binding arbitration, or a JUdIcI& proceeding.
Venue for any action or claim arising out of this Agreement shag be in
ARTICLE IX—MISCELLANEOUS PROVISIONS
A. Compliance with Law
The Pales shall at all times comply In all material respects with all laws, rules, and
regulations applicable to the performance of this Agreement Including, but not limited to FCC
rules and orders and Texas Iv and rules.
B. Agency
Neither. Party Is authorized to act as an agent for, or legal representative of, the other
Party, nor has authority to assume or create any obligation on behalf of, in the name of or that
shall be binding upon, the other Party.
c. Notifications
Notices and requests regWred by and given in connection with this Agreement shall be In
wring and deemed given as of the day they are received by (a) hand delivery, (b) overnight
delivery service, (c) In the United States mails, postage prepaid, certified and return receipt
requested, or (d) confirmed facsimile (�nftrmed with a copy sent by overnight delivery or by
mall), and addressed as follow:
To WSP:
T Mobile USA, inc.
E9-1-1 Regulatory Manager
12970 SE 38th S6neet
Bellevue, Washington 98006
(425) 378-4000 (voice)
(425) 378-4040 (FaclmlIe)
To 9-1-1 Governmental Entry:
Corpus cnristl Police oepsranent
Attention: Luis Cuellar, 9-1-1 Program Manager
321 John Sartain
Corpus Christi, Texas 78469
(361) 888 -2653 (v)
(361) 80-6032 (0
or lo such other address as the Party to receive the ratios or request designates by
written notice to the other Party.
D. Assignment
The Parties lo this Agreement may not assign any of their rights nor delegate any of their
obligations under this Agreement without the prior writben consent of the other Party (which
consent shall not be unreasonably withheld), except that 944 Governmental Entity may assign
this Agreement to a successor Governmental Entity and eooept that WV may asses b rights or
dew Its duties under this Agreement to any of Its Affiliates, to the surviving entity in a merger
or G0n5olldatloi! or to a purchaser of substantially all Of the assets of the business to which this
Agreement relates without 9-1 -1 Governmental Entity's women consent; however, under such
assignment by WSP, WSP shall notify the 9-14 Govemmenlsl qty o( the assignment prior to the
effective date of the assignment, within 15 days prior if practical. AN the terms and provisions of
this Agreement will be binding upon and Mune to the benefit of and be enforceable by the Parties
and their respective Petmttted successors and assigns.
E. Entire Agreement; Amendment
This Agreement, together with all Ate„ shall constitute the entire agreement
between the Parties and supersedes all previous agreements, promises, representsttons,
understandings and negotiations, whether written or oral, between the Parties with respect to the
installation and provision of Phase I and Phase II 0-1 -1 Service. Except as otherwise provided
herein, this Agreement may not be modified or amended other than by a wriCGen instrument
executed by both Parties.
F. Severability
If any provision of this Agreement is held Invalid, illegal or unenforceable in any
Page 10 of
jurlsdlctlon, for any reason, then, to the full extent permitted by law, (a) all other provisions hereof
will remain In full force and effect in such jurisdiction and will be liberally construed In order to
Cry out the Intent of the Parties as nearly as may be possible, (b) such I[NeEid€f.Yr M=9alitY or
unenforoeebillty will not ate the validitY, legality or enforceability of any other provision hereof,
and (c) any court or arbidator having jurlsdlctlon fiver vvip have the power to reform such
provision to the extent necessary for such provision to be enforceable under applicable law.
G. Headings
The headings of the tJauses In this Agreement are Inserted for convenience only and are
not intended to affect the meaning or interpretation of this Agreemenk.
H. No Third Party Beneficiaries
The provisions of this Agreement are for the bed of the Pales and not for any other
person, including, but not fired bp, Wireless End Users. Nothing express or implied in this
Agreement shall provide any person not a Party hereto with any remedy, claim, liability,
reimbursement, dim of aeon, or other right in excess of those eating without reference
hereto.
t. Waiver
Failure of any Parry Ln enforce any provision of this Agreement shall not be construed as a
waiver of that provision or the right to enforce it or any other provision. Na waiver, ewer express
or implied, by any party with regard Do any breach of any berm, amdlgon or obligation of this
Agreement shag be construed as a waiver of any subsequent breach of that or any other term,
condition or obligation of this Agreement.
1 Survival
Any liabilities or obligations of a Party for acts or omissions prior to the cancellation or
termination of this Agreement, any obligation of a Party under the provisions regarding
confidential information, and any other prOvislans of this Agreement which, by their terms, are
contemplated to survive (or to be permed after) termination of this Agreement, shall survive
cancellation or termination thereof.
K. ant Work pct
This Agreement Is the Joint work product of the Pates and has been negotiated by the
Parties and their respective counsel and shall be fairly Interpreted in accordance with Its terms
and, In the event of any ambiguities, no inferences shall be drawn against either Party.
L. Intellectual Property /1Vo l.laense of Name
Any Intellectual property which originates from or is developed or owned by a Party shaft
remain In the exclusive ownership of that Party. Unless the Parties otherwise agree in writing, no
lice to patent, copyright, trademark or bade secret, or other proprietary or intellectual property
presently or hereafter owned, aonb+alted or licensable by a Party, Is granted to the other Party or
shall be implied or arise by estoppel. This Agreement shag also not oanstitute a license to the
other Party's trade or common name. Neither Party shall have the right to use the other Party's
trade or contmon name or trademarks (idudIng, but not limited to, any logos) In any way
whatsoever without the prior written consent of the other Party.
Page 11 of
M. Counterparts
This Agreement and any related documents and any amendrnerts hereto or thereto may
be masted In counterparts, each of which shad be deemed an original but al of which shall
constitute one and the same insburnent The Pities hereto agree to wept fcsile signatures
to evidence the execution of the Agreement and/or the related agreerner , provided that original
signatures will be sent Immediately by might courier or hand de very. This Arnent Is
executed In duplicate origins and is effective o n 20r 7-
7-
clty of Corpus Christi T-MOBILE USA, INC.
BY: r
•
Printed Name: Printed
TI : Title:
Date: Date:
Page 12 of 26
— Ley/ 4141^5
4/19.
1
ATTACHNEFff
PHASE VII E9-1-1 SERVICE WORK PLAN
Page 13
Pik I /Phase E9-1-1 Wireless Work Plan
A. The Phase Phase 11 E9-1 -1 wirers Service Work Plan must min the
blowing elements:
1. Responsibilities of WSP
It shall be SP's responsibility, In cooperate with 9-1 -1 Governmental Entity
and necessary third parties (Including, but not limited to, Vendor, 9-1-1 Network
vwork
Host AU , ScP software developers and hardware providers,
and other suppliers and mane ct ens , to implement and provide Phase
IPhase II E9-1-1 Service to 94-1 Governmental Entity in the agreed upon
manner within the Phase Phase 1I E9-1-1 Service Areas. This shall include the
the
a. participating In network design;
b. causing its network gents (such as the MSC and rued data links
and trunks) to be installed;
. operating, maintaining and provisioning these network elements;
d. fads Ling or partiddpating In the development of an implementation plan
which will establish target dates for actions necessary for Installation and
activation of Phase Phase E9 -t. +1 Service;
e. acquiring necessary software and equipment;
f. helping to form routing decisions;
9. providing reasonable resource material for routing decisions;
h. entering Into necessary interoannection agreements for Interconnecting
the MSC to Selective Routers and, if necessary, for interconnecting the
S:P;
J.
working with 9-14 Governmental Entity and, if ry, Vendor to
establish dal performance Wires, Including, but not limited to,
statistics for cIl volumes, traffic studies, call set-up times, error
resolutions and other critical measurements;
working with 9-1 -1 Governmental amity In the assignments of
ESRDWESRKs and assodated ALI database records
k. providing information for the assignments of ESRDs and associated Alt
database records prior to the burn up of additional Phase I/Phase 11 cell
sibe(s);
1 participating, when necessary, In the acids, granges and deletions of
database Ards in appropriate databases, Including, but not limited to
Ali Host database and Selective Router.
m. In accordance with the FCC Order and this Agreement, WSJ) shall
Page 14 of
continue to provide and maintain Phase 1 E9-1-1 Service and Phase II
E9-1-1 Service whin the 9-1 -1 Governmental Entity's Jurisdiction.
2. Responsibilities of 9-1-1 Governmental Entity
It shall be 9-1 -1 Governmental Entity's responsibility to work with WSP and,
where necessary, with third pares including, but not limited to, Vendor, 9-1-1
ProviderE, Host All Provider SCP software developers and hardware
providers, and other suppliers and manufacturers for the successful
Implementation and provision of Phase I/Phase 11 E9-1 -1 Service. This shall
include the following:
a. providing 94-1 Governmental Entity Jurisdiction map boundaries,
Providing call routing data forming and implementing data
management processes of jurisdiction routing changes;
b. participating In the development of an Implementation plan which will
establish target dates for ads necessary for Installation and Activation
of Phase I/Phase II E9-1 -1 ;
c. providing and verifying needed data about each PSAP's existing
infrastructure and any other information necessary for successM
install, maintenance and proviso or Phase I/Phase II E9-1 -1
Service Identifying appropriate ESN Routing Codes, when necessary;
d. Informing third-party vendors, such as Computer Aided Dispatth (CAD)
providers, of data to be delivered with 9 -1 -1 calls for coordination with
PSAP premise-based
e. augmenting the trunks, when necessary, as agreed upon by parties,
between a selective router and any PSAP;
f. ensuring that all PAP premises equipment Is equipped to recede Phase
I /Phase El woe and data services;
9.
Informing WSP of any 9-1 -1 Governmental Entity system changes that
may affect Phase I/Phase 1I E9-1-1 Service;
h. providing data format information to PSAPS in connection with Phase 1
/Phase II E9-1 -1 Serves,
1. supporting an testing verlflcation activities be undertaken by WSP, or
Vendor or thin party, if applicable, in nation to this Agreement;
j.
participating in the motion of a trouble reporting mechanism and
assor ted trouble resolution process;
3. Responsibilities of Third Parties
The Pales acknowledge that sucoessfui and timely provision of Phase I/Phase 11
X41 ice may be dependent on the tlmety performance of third parties,
Including, but not limited to, actions that must be connpleted by a vendor, the 9-
1 -1 Network Proilider, and the [fit ALI Provider, SP software developers and
Page 15 of
•
hardware providers, and various ode suppliers and manufacturers. This
acknowledgment, however, does not relieve either party or Its obligation and
responsibility to comply with FCC rules and orders and Terms law or rules,
Including the obligation and responsibility to negobiate an appropriate agreement
with such a Vendor or third party to ensure appropriate compliance with taOC
rules and criers and Tens law or M.N.
4. Delivery of Data Elements
WSP shag deliver the data stemel's necessary for Phase 1/Phase II service
through one of three different technological solutions. The solution shall be
agreed upon by both patties. The parries shall choose one of the following
a. SS7/ISUP signaling: WSP will deliver the twenty digits of information
necessary for completion of Phase I services by sending SS7 signaling
message In SUP format to the LEC 9-2 -1 selective router (Hybrld).
b. Feature Group D: WSP win delhfer the twenty digits of information
necessary for completion of Phan I services to the LEC 911 selective
router in the standard format required (G45).
c. Signal Conkr+a! Point: WSP will, through a third party, route all necessary
information dam► to the 9-14 Governmental Entity's AU database
through an Independent signal control point (NCAS). When this option Is
agreed to by the Parties because WSP can or will only provide an NCAS
solution, MP shall be responsible for presenting the data In such a way
that It will display at the PSAP the MIDIV in the telephone number field
and the Cell Site/Section Information in the pilot number fleTd.
For Purposes of this Agreement, MP and 44-3 Governmental Entity agree to option
ATTACHMENT
CONTACT LIST
Page 17 of 26
Einisaran
WSP and 9-14 Governmental Entity will exchange a contact and escalation Ilst o Jr lode name,
mailing address, fax telephone number and a 24x7 contact number. An updated contact Ilst
should be provided within a reasonable time Ong a change In this information.
9-2-1 o tai Entity
24 X 7 _ X 365
:all Corpus Christi Police Department
Olspatich 24x7x365 at (361) 88$ -2600.
Wing Contact
Luis Cuellar
9 -1 -1 Program Manager
Corpus Christi Police Department
321 John Sartain
Corpus Christi, Texas 78401
(361) $86 -2653 (v)
(361) $87 -6012 (t)
pstabase and Oottradons Conn
SBC Southmst Resolution Center
1-866-722-3911
1616 Guadalupe, Room 208
Austin. Tx 78701
Captain Mike MdCinney
Director of Communications
321 John Sartain
Cows Christi, Tx 78401
(351) 886 -2605
MininimaarSaolist
Captain Mike McKinney
Director of Communications
321 John Sartain
Corpus q1risti, Tk 78401
(361) 886-2805
Luis Cuellar
9-1 -1 Program Manager
Corpus Christi Police Department
321 John Sartain
Corpus Christi, Texas 78401
(361)886 -7.653
(361) 887-6012 (t)
Page 18 of 26
24X 7 x 365
Law Enforcement Relations Group (LERG)
During Business Hours 8:30-5:90 EST
(9r3) 872-5711
(973) 872-5729
After Business Hours:
(800) 813 -9341 ask for Law Fnfonoernent Representative
In tact
T- Mobile USA, Inc.
Atbenbian to: E9-1 -1 Regulatory Manager
12920 SE 3$1h Street
Bellevue, Washington 98006
(4z5) 378-4000 (voI�)
(425) 378-4040 (Facsimile)
n!_�one ontsc
T -ile USA, Inc
Attention to: E9-1-1 Database Manager
12920 SE 38. Street
Bellevue, Washington 98006
(425) 378 -4000 (voice)
(425) 378-4040 (Facsimile)
E4Mail: orporate91 T- Mobile.corn
MitinianteSSIMilia
T-Mobile USA, Inc
Attention to: Lynn Melt
Manager ` =- ulatory Affairs
12920 SE 3 Street
Bellevue, Washington 98006
(425) 378 -4000 (voice)
(425) 378 -4040 (Facsimile)
(425) 246 -3758 (Mobile)
E Mall: I nn.mea T -Nobiae. n
Page 19 of
ATTACHMEFff
FEE SCHEDULE
Page 20 of
FEE SCHEDULE
SETTLEMENT T AND RELEASE
A. Settlement Payment
94 -1 governmental Entry acknoviiedges that WSP has incurred and Will incur costs In
Installing, testing, providing, Implementing and maintaining Phase i E9-141 Service and Phase 11
E9-1 -1 Service In the 9-1 -1 Governmental Entry's Jurisdiction. In order to resolve any further
differences between the Pars and avoid ligation regarding the amount to be paid by 9-14
Governmental Entity to WSP for the Installation, testing, prorion, Implementation and
maintenance of Phase 1 E9-1-1 Service and Phase LI E9-1-1 Service, 9-14 Govemment31 Entity
hereby agrees to pay WSP in aordanoe with the provisions of Attachment 3, Fee Schedule C
B. Release by wSP
In return for 9-1-1 Governmental Entity's performance of its payment obligations under
this Agreement, W, on behalf of Itself and any and all or Its agents, servants, employees, heirs,
succors and assigns, subsidiaries, pates or Ate, (Individually or collectively, the
*wing Parties", that might in any manner have any claim for reimbursement of
implementation costs arising out of the instation, testing, provision, impternentatketn or
maintenance of Phase 1 E9- 1-I Service and Phase El E9-1-I Service by WSP to 9-1 -1
Governmental Entity, does hereby uno3nditionally and Irrevocably compromise, settle, remise,
acquit and fully and forever release and discharge 9-1 -1 Governmental Entity (including Its
agents, servants, employees, heirs, successors and assigns) from and against any and an past
fisting, or future liquidated armor un- liquidated claims, denary, rights, damages, remedies
(legal, equitable or otherwise), obligations, liabilities, actions, caws, costs or expenms of any
kind and every character or nature, whatsoever, related to ent of costs for the
installation, wing, provision, Cpl on or maintenance by the Releasing Parts of Phase 1
E9-t -1 Service and Phase II E9 -1 -1 Service to 9-1 -1 Governmental Entity, whether arming under
statutory or common law or In equity, accrued or un-accrued as of the date of this Agreement
(the "Released Claims'').
The Releasing Parties covenant not to sue or otherwise assert any claim again 944
Governmental Entity on any of the Released claims, except any payment obligations
of 9-1-1 Governmental Entity under this Agreement.
The Releasing Parties warrant and represent that the Released Claims have not been
assigned. The Wising Parties, except as provided In Section 2 immediately above, will
indemnify, defend and hold harmer 9-1 -1 Governmental Entity from every claim, demand,
cause of aeon, expense, liability, remedy, damage, cost and attorneys' fee and expense which
may hereafter be sought by any person or entity asserting such chin by assignment from the
Releasing Parts, with respect to the Released clam.
C. 9-1 -1 Governmental Entry agrees to pay WSP as follows:
A single payment of thirty eight #ausand, one hundred twenty-one dollars ($38,121,00)
shall be due from 9-1-1 Governmental Entity upon signing of the agreemeltt.
9-1 -1 Governmental Entity shall pay the charges within thirty (30) days of receipt of the
annual billing.
Page 21 of 26
ATTACHMENT
STANDARDS
Page 22 of 26
Standards
This attachment lists the required database, Interrace and technical standards.
Wireless Standards Reference
Wireless Issue
Standard
CAS
Call Associated i - 1
- bd34
NENA 03-002
TM
NENA I eb ite
NCAS
Non-Call path Associated
5 f ,I i
Mid 34
TIA
SCC Meg IBMS
Hybrkl INCAS
MIA 34
NENA 03-002
TIA
NENA Webb
Data Standards
NENA 02-001
(incorporates all sous
verons
NENA 1 ebsite
Exceptions to CAS or NCAS
I.e. AU
None. Pees need to
determine solutions
Provide deecptIor of r
d&re r other excepUons as
aPProPriate
rr�rr raw www_- -_
i_-mow •r_� i
Phase LOT
TR 45.2 in ress
TT _
Equal Access
AD . ACSEC Rule
ATTACHMENT 5
INSURANCE REQUIREMENTS
Page 24 of 26
WIRELESS SERVICE WWI; (WSP) LIABILITY INSURANCE
Should WSP choose tr.) not -insure, then the fiSlowing insiffance requirements will apply:
A. WSP must not commence work under this agreement until all Insurance required
herein has been obtained and such insurance has been approved by the Gly. WSP must not
allow any wboontracbor to commence Work until all similar Insurance required of any
subcontractor has been obtained.
B. WSR must furnish to the Cites Risk Manager two (2) copies of Certificates or
Insurance, showing the Mowing minimum coverage by insurance company(s) acceptable to the
City's Risk Manager. The City must be named as an addittonal Insured for the General Liability
and a blanket waiver of subrogation Is required on all applicable policies.
TYPE OF INSURANCE
MINIMUM INSURANCE COVERAGE
30-Day written notice of material change, non - renewal
or termination and 10 day wren notice of cancellation
is required on all cer .
Bodily Injury and Property Damage per occurrence
aggregate
COMMERCIAL GENERAL uABlurif including
I. 03mmerdal Form
2. Prises Operations
3. Products/ Completed Operations
4. Contractual l.iabiRty
5. Independent ContracbDrs
6. Personal Injury
$2,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
EMPLOYERS' i..I u-ry
WHICH PLIES WITH THE TEXAS WORKERS'
COMPENSATION ACT AND PARAGRAPH II OF THIS
ACT AND PARAGRAPH 2 OF THIS EXHIBIT
$500# - - - -- - - - - - - -
In the event of acddents of any kind, WV must furnish the Risk Manager with
dies of all reports of such acddents at the same time that the reports are forwarded to any
other Interested parties.
D. A1DAL REQUIREMENTS
1. WSP must detain workers' compensation coverage through a licensed
insurance company obtained in accordance with Texas lave. The contract for
owerage must be wrftten on a policy and endorsements approved by the Terms
Department of Insurance. The coverage must be provided In an amount stffiaient to
assure that all workers' compensation obligations incurred by the Consultant will be
promptly met.
2. Certificate of Insurance:
a. The City of Corpus Christi must be named as an additional insured on
the General liability aoverage and a blanket waiver of subrogation is
required on all applicable policies.
b. If your insurance company uses the standard ACORD form, the
Page 25 of 26
cancellation clause bottonn t must be amended by adding the
wing "charged or" between "be" and an eled , and deleting the
words, liendea or to', and deleting the wording after let .
c. The name of the project must be listed under "Description of Operations"
d. At a minimum, a 30-day written notice of dial change, non-renewal,
termination and a 10-day written notice of cancellation to the Risk
Manager is required.
e. If the Certiflrate of Inswanae does not show on its face the exis6enoe of
the coverage required by items B. (1HS), an authorized representative
of the insurance company must include a letter specifically stating
whether Items B. (»(6) are Included or exduded.
Page 26 of
6
CITYCOUNCIL
AGENDA MEMORANDUM
city council Action Date: Jul 17 .2007
AGENDA ITEM: Resolution authorizing the City Manager or designee to execute all
documents necessary to request continued financial assistance for beach cleaning and
maintenance on North Padre Island and Mustang Island during FY 2007 -2008 under the
Texas General Land Office's cleaning and maintenance assistance program.
ISSUE: The Texas General Land Office requires the annual submission of an application
for financial assistance from local governments for beach maintenance.
REQUIRED COUNCIL ACTION: The City Council must pass a resolution for the General
Land Office to accept the grant application.
PREVIOUS COU CIL ACTION: Resolution 026874 authorized continued financial
assistance through the Texas General Lard Office for beach cleaning, police patrols
and life guarding at Padre Island during the 2007 state fiscal year was approved by
City Council on July 12, 2006.
CONCLUSION AND RECOMMENDATION: Staff recommends the City Council authorize
the application for continued financial assistance through the Texas General Land Office
for beach cleaning, life guarding, and police patrols at Padre and Mustang Islands and to
execute all necessary documents in connection with the reimbursement application
Sally G ik, Director
Parks a d Recreation
Attachments: Background
BACKGROUND INFORMATION
The Texas General Land Office administers the Beach Maintenance Fund to partially reimburse
cities and counties for beach cleaning, lifeguards, and safety patrol services. The City Council
must annually approve submission of the reimbursement application to the state for beach
cleaning and life guarding reimbursement and authorize the City Manager to execute all
necessary documents. The application will provide financial assistance to the City for the 2008
state fiscal year.
The Beach Maintenance Fund Program reimburses cities and counties by a formula that
distributes a finite budget of $940,000 each year. Of that budget the General Land Office is
authorized to take up to ten percent for administrative costs. The principal portion of the beach
maintenance appropriations, amounting to $846,000 presently is distributed among the twelve
communities that contain public beaches within their jurisdiction and have made application for
funding. Seventy-five percent of funds available for distribution shall be allocated by
determining each participant's proportionate share of total participant expenditures during the
fiscal years preceding the year for which participant is applying for reimbursement. Twenty -five
percent of the funds available for distribution shall be allocated by determining each
participant's proportionate share of total linear footage of gulf beach which the participants will
clean and maintain pursuant to project agreements authorized in Texas Administrative Code,
Title 31, Part!, Chapter 25. There is a three -year averaging process for new entrants into the
pool of reimbursement requestors.
Cities which qualify for eligibility under the Natural Resources Code, may receive up to, but no
greater than two- thirds reimbursement for eligible expenses incurred in cleaning and
maintaining the beaches; however, state appropriations have always limited this reimbursement
to the range of 10 to 20 percent of actual local costs.
The City maintains 41,929 feet of gulf beaches with estimated eligible expenses of $861 , 00
including police overtime for beach patrols, lifeguard services and beach maintenance. It is
anticipated that the Texas General Land Office will reimburse the City $50,000.
RESOLUTION
AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE
ALL DOCUMENTS NECESSARY TO REQUEST CONTINUED
FINANCIAL ASSISTANCE FOR BEACH CLEANING AND
MAINTENANCE ON NORTH PADRE ISLAND AND MUSTANG ISLAND
DURING FY 2007 -2008 UNDER THE TEXAS GENERAL LAND
OFFICE'S CLEANING AND MAINTENANCE ASSISTANCE PROGRAM
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1, The City Manager or his designee is authorized to execute all
documents necessary to apply for continued financial assistance for cleaning and
maintainin g beaches under the City's jurisdiction on North Padre Island and
Mustang Island durin g FY 2007 -2008 under the Texas General Land Office's
Beach Cleaning and Maintenance Assistance Program.
SECTION . This Resolution shall take effect and be in full force immediately after its
adoption by the City council.
ATTEST:
Armando Chapa
City Secretary
APPROVED: July 11, 2007
„u);t,
Lisa Aguilar
Assistant City Attorney
For City Attorney
THE c1TY 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 Hu nrnell
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
7
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: July 17, 2007
AGENDA ITEM: Ordinance transferring $62,800 from Self Insurance claims in Fund 5611
Liability and Employee Benefits — General Liability Fund to and appropriating in Fund 4710 for
repairs to the Selena Auditorium at the Convention Center; amending the FY 2006 -2007
Operating Budget adopted by Ordinance No. 026908 to increase appropriations and revenues by
$62,800 and declaring an emergency.
ISSUE: Selena Auditorium is in need of repairs to patch gaps between the pre -cast concrete
panels.
REQUIRED COUNCIL ACTION: Approval of Ordinance is required.
PREVIOUS COUNCIL ACTION: NONE
CONCLUSION AND RECOMMENDATION: City Staff recommends approval of the
Ordinance.
Attachments:
die Houlihan
Assistant Budget Director
BACKGROUND INFORMATION
The SMG management team (SMG is the firm the City has contracted with to manage the Arena
and Convention Center) has informed us that there continues to be a bat problem at the Selena
Auditorium. This situation must be resolved in order to allow the patrons of the facility to have a
problem free environment. It was determined through consultation with other facilities and
animal control consultants that the best and only viable solution is to patch the gaps in the
caulking of the pre -cast concrete panels after the bats have left at night and place a net over the
building so they cannot reenter. This process is followed each night until all gaps have been
repaired. The job is estimated to cost $62,800.
ORDINANCE
APPROVING THE TRANSFER OF $62,800 FROM SELF INSURANCE ANCE CLAIMS IN THE
LIABILITY AND EMPLOYEE BENEFITS — GENERAL LIABILITY FUND 5611 TO AND
APPROPRIATING IN VISITORS F S FACILITY FUND 471 FOR REPAIRS TO THE SELENA
AUDITORIUM AT THE CONVENTION CENTER; CHANCING FY 2006 -2007 OPERATING
BUDGET ADOPTED BY ORDINANCE 026908 TO INCREASE APPROPRIATIONS AND
REVENUES BY $62,800; AND DECLARING AN EMERGENCY.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS:
SECTION t That $62,800 is transferred from Self Insurance Claims in the Liability and
Employee Benefits - General Liability Fund 5611 to and appropriated in Visitors Facility
Fund 4710 for repairs to the Selena Auditorium at the Convention Center.
SECTION 2. That FY 2006 -2007 Operating Budget adopted by Ordinance 026908 is
changed to increase appropriations and revenues by $62}800.
SECTION 3. That upon written request of the Mayor or five Council members, copy
attached, the City Council (1) finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs and
suspends the Charter rule that requires consideration of and voting upon ordinances at
two regular meetings so that this ordinance is passed and takes effect upon first reading as
an emergency measure this 17th day of July, 2007.
ATTEST: THE CITY OF CORPUS CHRISTI
Armando Chapa
City Secretary
APPROVED: July 11, 2007
Lisa Aguilar
Assistant City Attorney
for City Attorney
Henry Garrett
Mayor
H: L - IR Lis rdinance 2007\7-17-07 Selena item.doc
Corpus Christi, Texas
Day of - - ...�.�.�, 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance an
emergency exists requiring suspension of the Charter rule as to consideration and
voting upon ordinances at two regular meetings: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Council Members
Henry Garrett
Mayor
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 M Cut hon
8
CITYCOUNCIL
AGENDA MEMORANDUM
City Council Action Date: June 17, 2007
AGENDA ITEM:
(a) Motion authorizing the City Manager, or designee, to execute a contract with Skid - -Kan/I aul
Away, guaranteeing the delivery of specific tonnage of acceptable waste to the J.C. Elliott Landfill
for a period not to exceed the life of the J.C. Elliott Landfill, including a retroactive provision
commencing on June 1, 2007.
(b) Motion authorizing the City Manager, or designee, to execute a contract with Skid - -Kan Haul
Away, guaranteeing the delivery of specific tonnage of acceptable waste collected within the
boundaries ofthe Coastal Bend Council of overnments region to the Cefe Valenzuela Landfill for a
period of twenty years, commencing upon opening of the landfill.
ISSUE: To enter into "Put or Pay" contracts with Skid -D -Kan Haul Away, a commercial solid
waste hauler, to deliver acceptable waste to the J.C. Elliott and Cefe Valen u la Landfills.
REQUIRED COUNCIL ACTION: Approve contracts as submitted by staff.
PREVIOUS COUNCIL ACTION: The City Council has previously approved six Put or Pay
contracts with other commercial haulers 1, Captain Hook, Sixteen Services, Trailer Trash,
Dawson Recycling, and Corpus Christi Disposal).
FUNDING: N/A
CONCLUSION AND RECOMMENDATION: Approve contracts as submitted.
Director of Streets and Solid Waste Services
Attahments: Skid - -Kan Haul Away Put or Pay Contracts
BACKGROUND INFORMATION
BACKGROUND: With the acquisition and antici
The contract with Slid-- KanHaul Away guarantees the disposal of a specific volume of
acceptable waste, which is based on the hauler delivering 80% of the tonnage brought to the J. C.
Elliott Landfill in the 2006 -2007 fiscal year.
The length of the contract is tied to the life of the J. C. Elliott Landfill and was used in determining
disposal calculations for the new Cefe Valenzuela Landfill.
The City will give Skid - -Kan Haul Away at least thirty days notice of the anticipated closing of the
J. C. Elliott Landfill.
A permitted hauler may partner or form a co -op with smaller haulers, but will be required to identify
those haulers and provide the names and tonnage of each to establish base tonnage. Assignment to
another representative of a permitted hauler must be approved by the City.
The City reserves the right to enact fees and ordinances for the purpose of collecting costs attributed
to the use of the landfill, adjacent City thoroughfares, and permits for the safe use and operation of
waste generated or transported within the City limits.
CEFE VALENZUELA CONTRACT SUMMARY:
Consistent in scope with prior agreements the main change is that the base rate for disposal has been
changed from 19.50/ton to a percent discount off of each fiscal year's City published disposal rate.
Haulers opting to bring 80% of their historical disposal volume receive a 25% discount from the
published rate. A 28 % discount is offered to haulers that agree to 100% of their historical volume
when disposing at the Cefe Valenzuela Landfill. The haulers are billed monthly, with penalties for
late payments. Skid - -Kan Haul Away has elected to bring 80% of historical tonnage to the Cef
Valenzuela Landfill.
The effective date of the contract is the first day the Cefe Valenzuela Landfill is open to accept
waste. Upon the effective date, prior Put or Pay agreements will expire for the J.C. Elliott Landfill
and these new agreements will take effect. The term of the new agreements is 20 years. Slid - -
Kan Haul Away will receive 30 days written notice, prior to the opening of the Cefe Valenzuela
Landfill and corresponding termination of the existing put or pay contracts at the J.C. Elliott
Landfill.
WASTE DISPOSAL AGREEMENT
T
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
SIJ - -RAI IHAUL AWAY
Elliott 2007 Skid 0 Kan Agmt 062807.doe Page 1 of 39
TABLE OF CONTENTS
Article Subject Page Number
1 General Provisions
2 Acceptable Waste 7
3 Fees 8
4 Billing and Payments
5 Landfill Procedures 10
6 Assignments 11
7 Insurance 12
8 Indemnification 12
9 Governmental Regulation 14
10 Suspension for Force Majeure 14
11 Liquidated Damages and Default 15
12 Representation and Warranties 17
13 Governing Law and Venue 18
14 Miscellaneous Provisions 18
Elliott 2007 Skid 0 Kan Agmt 062807.doe Page 2 of 3
WASTE DISPOSAL AGREEMENT
This Waste Disposal Agreement ("Agreement") between the City of Corpus Christi ( "the City"), and
Skid-- IanHaul Away ("Hauler") requires the City to accept, process, and dispose of acceptable
solid waste brought by the Hauler to the City's J. C. Elliott Municipal Landfill ("Landfill"), located
at 7001 Ayers in the City of Corpus Christi, Texas, and requires the Hauler to deliver to the Landfill
and pay for the disposal of a minimum volume of acceptable Solid Waste under the terms and
conditions of this Agreement.
The parties agree to the following:
ARTICLE 1. GENERAL PROVISIONS.
1.1. Definitions. The following words and phrases have the following meanings when used in this
Agreement:
Acceptable waste means garbage, litter, refuse, rubbish, yard waste, heavy brush, debris, and
construction/demolition materials, but does not include hazardous, medical, or unacceptable waste.
Act means the Solid Waste Disposal Act, as amended, 42 1 J.S.C. 6901, et seq.
Bulky items means indoor and outdoor furniture, mattresses and box springs, carpet, swing sets,
plastic swimming pools, large toys, bicycles, fish aquariums, and large household appliances.
CERCLA means the Comprehensive Environmental Response, Compensation and Liability Act of
1 980, as amended, 42 U. S.C. 9601, et seq.
Clean wood waste means individual pieces of wood of the type normally sold by lumber yards and
home improvement centers that is free of hardware and other large fasteners, such as hi
Effective date means June 1, 2007.
Force Majeure re means any event or condition, whether affecting the Landfill the City, or the Hauler,
that has, or may reasonably be expected to have, a material adverse effect on a party's obligation
under this Agreement or on the Landfill, if the event or condition is beyond the reasonable control,
based on sound management or industry practices, and not the result of willful or negligent acti n
a1 .. or
lack of reasonable diligence, of the tarty "non- err-min party") " relying the event or condition
as justification for not performing any obligation or complying with any condition required of the
party under this Agreement. The following events or condition shall, if they meet the requirements
of the preceding sentence, constitute a Force Majeure:
(a) An act of God, storm, flood, or similar occurrence (except for weather conditions normal
for the area) landslide, earthquake, fire, or other casualty, an act of the t lic enemy, war,
blockage, insurrection, riot, general arrest or restraint of government and people, civil
disturbance or similar occurrence.
(b) The order or judgment of any Federal, State, or local court, administrative agency, or
governmental officer or body, if it is not also the result of willful or negligent action or a lack
of reasonable diligence of the non - performing party, and the non-performing art does not
control the administrative agency or governmental officer or body, provided that the diligent
contest in good faith of any order or judgment does not constitute or may not be construed as
a willful or negligent action or a lack of reasonable diligence of the non-performing
(c) The adoption, promulgation, issuance, material modification, or change in interpretation,
after the effective date of this Agreement, of any Federal, State, or local law, regulation, rule
requirement, or ordinance. (A law, regulation, rule, requirement, or ordinance is duly
adopted, promulgated, issued or otherwise officially modified or changed in inte retation
when it is in provisional, interim, or final form and effective or to become effective without
any further action by any Federal, State or local governmental body, administrative agency,
or governmental official having jurisdiction.)
(d) The failure of the City or public utilities having operational jurisdiction in the area of the
Landfill to provide, maintain, and assure the mai
Hazardous waste means:
(a) Any waste, material, or substance, which reason of its composition or characteristic
� p is
regulated as a toxic or hazardous waste or hazardous substance under applicable laws,
including without limitation:
(i) The Solid Waste Disposal Act, also known as the Resource Conservation and
Recovery Act of 1976, as amended, 42 U.S.C. 6901, et se q., as replaced or amended
from time to time, and the rules, regulations, written policies, or written guidelines
promulgated the Act (including without limitation, 40 C.F.R. Section 261.4, which
generally excepts household waste from the definition of Hazardous Waste).
(ii) The Toxic Substances Control Act, 15 U.S.C. 260, et se q., as replaced or amended
from time to time, and the rules, regulations and written policies and written
guidelines promulgated the Act.
viii) Any State law or regulation of governing the storage, transportation, and disposal
sal
of solid waste, hazardous waste, toxic materials, or hazardous substances, including
but not limited to the Texas Solid Waste Disposal Act, Texas Health and Safety Code,
Chapter 361, and 30 Texas Administrative Code Chapter 330.
(b) Radioactive material, which is source, special, nuclear , orby-products ra
ternl within the
meaning of the Atomic Energy Act of 1 954, as replaced or amended from time to time,
the axles, regulations, and written policies or written guidelines promulgated under the Act.
(c) Any other waste, material, or substance, which is characterized or defined
to be toxic or
hazardous by the State of Texas, TCEQ, or USEPA with respect to the Landfill dfill or by any
other Federal or State regulatory agency having jurisdiction over the Landfill under any
written regulation, policy, guideline, or order having the force of law.
(d) Notwithstanding the above, if the TCEQ or USEPA A deterrrnine by written regulation,
egulatnon,
policy, guideline, or having the force of law in relation to:
(i) A waste, material, or substance, which is not considered toxic or hazardous s of
the effective date of this Agreement, is toxic or hazardous, then the waste, material, or
substance shall, from the effective date of the determination by TCEQ or USEPA,
constitutes a hazardous waste for purposes of this Agreement.
(ii) A waste, material, or substance, which is considered toxic or hazardous as f
o the
effective date of this Agreement, is not toxic or hazardous, then such waste
material,
or substance shall, from the effective date of the determination by TCEQ or
USEPA, no longer constitutes a hazardous waste for the purposes of this Agreement.
Heavy brush means tree and shrub limbs and trimmings, which are (3) .
greater than three inches in
diameter, tree trunks, root balls, and other p
large plant matter.
Elliott 2007 Skid 0 Kan Agmt O62807.doc
Page 5 of 3
Household appliance means general household appliance that will not fit into a refuse receptacle
including:
Non -metal appliance, such as a television set, stereo system, video cassette recorder (VCR),
microwave oven, and other similar item constructed primarily of plastic or other non - metallic parts
Metal appliance, such as a stove, cooking range, oven, dishwasher, washing machine, clothes dryer,
refrigerator, window air conditioning unit, water heater, lawn mower or edger, and other similar
items constructed primarily of metal parts.
Household waste means garbage, rubbish, litter, refuse, yard waste, debris, and limited
cnstructionldemolition materials commonly generated by a residential household.
Jurisdictional waste means waste collected within the City or its industrial districts.
Landfill means the J. C. Elliott Municipal Landfill located at 7001 Ayers, Corpus Christi, Texas.
Litter means any rubbish, paper, napkins, straws, cups or containers made of paper, plastic,
Styrofoam (or other similar material), bottles, glass, candy or gum wrappers, remnants of food, cans,
or remnants or parts thereof, or any material of an unsanitary nature.
Medical waste means waste generated by health -care related facilities and associated health -care
activities, including veterinary services, but not including garbage or rubbish generated from offices,
kitchens, or other non - health -care activities.
Recyclable means a waste material that has been designated by the Director for inclusion in the
City's recycling program, that has a useful physical or chemical property after serving its original
purpose, or that may be reused, sold as a commodity, or converted into another product.
Refuse means a mixture of garbage, rubbish, and other waste that are normally placed in a receptacle
for collection and disposal, but does not include yard waste, heavy brush, debris, or
construction/demolition materials.
Rubbish means non - decayable solid waste, excluding ashes, that consist of combustible materials,
such as paper, rags, cartons, wood, rubber, plastics, and similar materials, and noncombustible
matter, such as glass, crockery, metal cans, and similar materials that do not bum at ordinary
incinerator temperatures.
Site Operating Plan means the Site Operating Plan for the City of Corpus Christi J. C. Elliott
Landfill generally applicable to customers utilizing the Landfill, as determined by the City.
Solid waste means garbage, rubbish, litter, refuse, yard waste, heavy brush, debris, and
construction/demolition materials.
Tipping fee rate e means the rate charged to a commercial vehicle disposing of solid waste at a the
City disposal site.
Elliott 2007 Skid 0 Kan Agmt 062807.doc Page 6 of 39
TCEQ mans Texas Commission on Environmental Quality.
Ton means 2,000 pounds.
Trash means a single item of rubbish, not otherwise defined as debris or construction/demolition
material, but including a small household appliance that will not fit into a conventional refuse
receptacle.
Unacceptable waste means waste that the City is not allowed to accept under the rules issued by the
TCEQ or the Site Operating Plan.
USEPA means the United States Environmental Protection Agency.
Yard ase means grass clippings, weeds, leaves, mulch, small trees and shrub limbs, which are less
than three inches in diameter and less than five (5) feet in length, and other similar plant matter.
1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of masculine
gender means and include correlative words of feminine and neuter genders and words importing the
similar number means and include the plural number and vice versa.
1.3. Term.
1.3.1. Unless sooner terminated under the terms of this Agreement, this Agreement is in
effect and remains in full force and effect the during period from the effective date through
the date the City stops accepting all forms of acceptable waste at the Landfill from permitted
haulers.
1.3.2. Upon expiration of the term, the Mauler's obligations to deliver acceptable waste and
the City's obligations to accept, process, and dispose of acceptable waste shall terminate.
1.3.3. However, the provisions of Article 8 and Sections 12.3, 14. 1 , and 14.19 shall survive
+ the termination of this Agreement.
1.3.4 Hauler acknowledges that the anticipated life span of the Landfill is less than twelve
(12) months.
1.3.5. The City will provide at least thirty (30) days notice of the date the City will no longer
accept all forms of acceptable waste from permitted haulers at the Landfill.
1.4. Hauler Required to Obtain City Permits. The Hauler must obtain a solid waste hauler's
permit as required by applicable City ordinances.
ARTICLE . ACCEPTABLE WASTE
.1. Acceptable Waste.
Elliott 2007 Skid 0 Kan Amt 062807.doc Page 7 of 39
2.1.1. The Hauler shall deliver only acceptable waste.
2.1.2. Any acceptable waste co- mingled with hazardous, medical, or
unacceptable waste will be considered unacceptable waste.
2.1.3. At any time, the City and Hauler mutually may agree in writing that any materials,
which are defined as unacceptable waste in Section 1.1. of this agreement, should in the
future be reclassified as acceptable waste.
2.2. Guaranteed Tonnage.
2.2.1. Commencing on the effective date, the Hauler guarantees to deliver not less than 6,400
tons per year "guaranteed annual tonnage" of jurisdictional waste and acceptable waste
collected outside the City's limits to the Landfill, and the City guarantees that it will accept
the waste.
2.2.2. The Hauler shall deliver the guaranteed annual tonnage. The Hauler's targeted monthly
tonnage delivery schedule is defined as one - twelfth (1/12) of the guaranteed annual tonnage.
2.3. Adjustments to Guaranteed Tonnage.
2.3.1. If notwithstanding the Hauler's best efforts and implementation of best business
practices, the Hauler documents to the reasonable satisfaction of the City a loss of customers
i
3.2. Payment of Permitting Fees. The Hauler agrees to pay all solid waste permitting fees imposed
by City ordinances.
3.3 Municipal Solid Waste System Service Charge ("MSWSSC"). Hauler shall pay the
MSWSSC SWSSC fee, as is established by the City annually, each time Hauler makes a delivery to the
Landfill, as is presently remitted at the Landfill gate by all cash, credit card and debit card
customers.
ARTICLE 4. BILLING AND PAYMENTS.
4.1. Billing. After the end of each month, the City will bill the Hauler for the total fees due for the
billing period.
4.2. Payments. The Hauler shall make payment to the City of the amount of each hill within 30 days
of the billing date ("due date") shown on the bill.
4.3. Overdue Charges. If payment in full is not made on or before the due date, the Hauler shall pay
an administrative late fee of 100 and any amount remaining unpaid shall bear interest at the rate of
one and one half percent (1-1/2%) per month or the highest rate that may then be lawfully charged
and paid, whichever is less, from the due date to the actual date of payment,
4.4. Disputes.
4.4.1. In the event of a dispute as to any monthly payment the Hauler shall pay when
due the amount of the bill, less the amount in dispute.
4.4.2. The Hauler shall give the City, at the time payment is made on the bill, written
notice of the dispute.
4.4.3. The notice of dispute shall state the amount in dispute and a full statement of
the grounds that form the basis of the dispute.
4.4.4. Upon settlement by the parties of the dispute, if the City prevails, the Hauler
shall pay interest on any amount not paid by the due date at the interest rate specified
in Section 4.1.3.
4.5. Fees Not Subject to Set-Off. The obligations of the Hauler to pay fees under the terms under
this Agreement are not subject to any set -off, abatement, counterclaim, existence of a dispute or any
reason, known or unknown, foreseeable or unforeseeable, which might otherwise constitute a legal
or equitable defense or discharge of the liabilities of the Hauler under this Agreement or limit
recourse to the Hauler.
4.6. Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments. Payments
made under this Article do not prejudice the rights of the Hauler to claim abatements, refunds or
adjustments to which it is entitled under this Agreement.
Elliott 2007 Skid 0 Kan Agmt 0 2 07.doc Page 9 of 39
ARTICLE 5. LANDFILL PROCEDURES.
5.1. Acceptance of Solid Waste. The City will accept at the Landfill all acceptable waste delivered
by the Hauler under the terms of this Agreement unless the City has rejected the solid waste under
Section 5.2. of this Agreement.
5.. Rejection of Solid Waste.
5.2.1. The City is not obligated to accept waste if the Landfill is closed due to a Force
Majeure.
5.2.2. The City is not obligated to accept waste if the Hauler's credit card or debit card is
declined. But the City will accept any acceptable waste if the Hauler makes a cash payment
at the time of delivery.
5.2.3. The Hauler fails to comply with any published delivery procedures.
5/.. If a delivery of solid waste contains both acceptable waste and any hazardous, medical,
or unacceptable waste.
5.3. Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill. The Hauler
agrees to comply with the provisions in the Site Operating Plan relating to the improper delivery of
hazardous, medical, or unacceptable waste and the procedures for removing any hazardous, medical,
or unacceptable waste from the Landfill. The Hauler agrees to pay any charges relating to the
removal and disposal of hazardous, medical, or unacceptable waste that would be charged to any
other permitted hauler that improperly delivered hazardous, medical, or unacceptable waste to the
Landfill.
5.4. City Not Required to Screen Waste. Nothing in this Agreement obligates the City to screen
waste or to detect hazardous, medical, or unacceptable waste delivered by the Hauler.
5.5. Delivery Schedule.
5.5.1. During the term, the Hauler may deliver acceptable waste to the Landfill
during its normal posted hours of operations.
5.5.2. The City will open the landfill for at least 58 hours, during weeks without City
holidays.
5.5.3. The City will consider requests for additional hours based on special needs of the
Hauler and the availability of Landfill personnel.
53.4. Except in a Force Majeure, the City will provide the Hauler with at least 48 hours
advance notice of any changes in the hours or days of operation.
5.6. Delivery Procedures.
5.6.1. The delivery of solid waste to the Landfill shall be regulated by the provisions of the
Elliott 2007 Skid 0 Kan Agmt 062807.doc Page 10 of 39
Site Operating Plan. Copies of the relevant provisions will be provided by the City to the
Hauler from time to time. The terms and conditions in the Site Operating Plan are intended to
reflect the actual procedures and operations at the Landfill. An extract of the relevant
provisions of the current Site Operating Plan is attached as Exhibit A.
5.6.2. The City reserves the right to redirect the Mauler's trucks from the working face to an
on -site transfer station.
5.7. Delivery Vehicles.
5.7.1. Acceptable waste must be delivered by the Hauler, at its expense, to the Landfill i
Agreement does not relieve the City of any obligation under this Agreement without the consent of
Hauler.
ARTICLE 7. INSURANCE.
7.1. Insurance Requirements. Insurance requirements are attached to and incorporated into this
Contract as Exhibit B attached to and made a part of this Agreement, and may be revised annually
by the City's Contract Administrator upon thirty (30) days written notice to Hauler.
7.2. Insurance Required by Subcontractors. Any subcontractor, which is hired by Hauler to
deliver solid waste to the Landfill, must maintain the same insurance as specified in Exhibit prior to
delivering any solid waste to the Landfill.
7.3. Certificates of Insurance. Before activities can begin under this Contract, Hauler's and any
subcontractor's insurance company(ies) must deliver Certificate(s) of Insurance, as proof of the
required insurance coverages to the City's Contract Administrator.
7.4. Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally, the
Certificate(s) must state that the City will be given at least thirty (30) days notice by certified mail of
cancellation, material change in the coverages, or intent not to renew any of the policies.
7.. City Named As Additional Insured. The City must be named as an Additional Insured in each
policy. The City Attorney must be given copies of all insurance policies within 15 days of the City's
Contract Admi
claimed to arise out of or be in any manner connected wi
8.4.2. To extent authorized by law, the City must, at its own expense, investigate all
those claims and demands, attend to their settlement or other disposition, defend all
actions with counsel satisfactory to Hauler indemnitees, and pay all charges of
attorneys and all other cost and expenses of any kind arising from any of said liability,
damage, loss, claims, demands, or actions.
ARTICLE 9. GOVERNMENTAL REGULATION.
9.1. Jurisdiction. The City and the Hauler acknowledge that the collection, transportation, and
disposal of solid waste is subject to regulation under both Federal and State laws and regulations and
the jurisdiction of various governmental agencies, including, without limitation, USEPA, TCEQ, and
the Texas Department of Public Safety.
9.2. Compliance with Laws, Regulations, and Ordinances Relating to the Collection,
Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their own
expense, (subject to the provisions in this Agreement relating to Change in Law and Force Majeure),
,
to materially comply with all applicable law, statutes, rules, regulations, ordinances, and Site
Operating Procedures applicable to them in connection with this Agreement and the transactions
contemplated by this Agreement. The law, statutes, rules, regulations, and ordinances may include,
without limitation, actions taken by the Texas Department of Transportation and City of Corpus
Christi to regulate vehicle traffic associated with the Landfill.
9.3. Compliance with Other Laws and Regulations and Industry Standards by Hauler. Hauler
shall comply with all other applicable laws, rules, regulations, ordinances, permits, and requirements
of any governmental entity having jurisdicti
necessary for the affect party, using its reasonable efforts to correct the adverse effects of the
Force Majeure.
10.1.3. If the Force Majeure causes a reduction, but not a complete suspension in the ability
of the City in connection with the operation of the Landfill to accept, process, or dispose of
acceptable waste, then subject to then existing commitments of the City with respect to the
Landfill, and the requirements f all applicable permits, consents, and approvals of the
U S EPA, TCEQ, and other governmental entities, the City shall use its reasonable efforts to
allocate a portion of the reduced capacity of the Landfill to the Hauler. The allocation of
landfill capacity shall be determined by the City in its sole discretion.
10.1.4. The party relying on a Force Majeure as justification for a delay or failure of
performance under this Agreement shall give the other party prompt written notice of the
Force Majeure.
10.2. Efforts to Remove Condition. A party whose performance is adversely affected by a Force
Majeure shall use its reasonable efforts to overcome or remove the Force Majeure.
10.2.1. After the completion of a suspension due to the Force Majeure and to the extent the
City has the capacity to accept and dispose of excess waste, the City shall use its reasonable
efforts to accept acceptable waste collected by the Hauler, which the Hauler was unable to
deliver to the City during the Force Majeure period.
10.2.2. The City is not obligated to accept acceptable waste to the extent that the acceptance,
processing, or disposal of the acceptable waste is contrary to or in violation of or would
cause the City to be in violation of any permits and approvals for the Landfill.
10.2.3. In the event that Hauler is prevented from delivering acceptable waste to the Landfill
as a result of the Force Majeure, Hauler shall still be required to deliver such tonnage as is
reasonably practicable under the circumstances. The parties shall negotiate and agree on the
period during which Hauler is entitled to cure any resulting shortfall.
10.3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law, regulation,
rule, or ordinance that imposes or amends any tax, fee, assessment, or charge does not constitute a
Force Majeure.
ARTICLE 11. LIQUIDATED DAMAGES AND DEFAULT.
11.1. Suspension of Service by City. If the City fails to accept acceptable waste at the Landfill as
required by the terms of this Agreement, the Hauler may select an alternate disposal site and be
credited for any acceptable waste delivered to an alternate disposal site for the period of the failure
by the City. If the conditions continue for more than thirty (30) days, this Agreement automatically
terminates.
11.2. Events of Default of the City. The City is in default if it makes a general assignment for the
benefit of creditors, files a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or
Elliott 2007 Skid 0 Kan Agent 062807.doc Page 15 of 39
applies to any tribunal for any custodian, receiver, or trustee for it or any substantial part of its
property, commences any proceeding relating to it under any bankruptcy, reorganization,
arrangement, readjustment of debt, dissolution, or liquidation law or statute of any jurisdiction,
whether now or after the effective date of this Agreement is in effect, or if there shall have been filed
any such proceeding, in which an order for relief is entered or which is not dismissed for a period of
sixty days or more, or if by any act indicates the City's consent to, approval of, or acquiescence
in any petition, application, or proceeding or order for relief or the appointment of any custodian,
receiver of, or any trustee for the City or any substantial part of the City's property, or suffers any
custodianship, receivership, or trusteeship to continue undischarged for a period of sixty (60) days or
more.
11.3. Events of Default of Hauler. Each of the following shall be an event of default b y the Hauler
under this Agreement and are grounds for termination of the Agreement:
11.3.1. The Hauler fails to pay any amounts, including without limitation, the acceptance fee,
and any amounts payable under Sections 3.2 or 3.6, which become due under this
Agreement, within thirty days of notice of delinquency from the City.
11.3.2. The Hauler fails to observe and perform any other material term, covenant, or
agreement contained in this Agreement, the Site Operating Plan, or other agreements or
policies to which either the Hauler is subject and the failure continues for a period of thirty
days after written notice to the Hauler specifying the nature of the failure and requesting
that it be remedied.
11.3.3. The Hauler fails to keep all insurance policies in force for the entire term of this
Agreement is grounds for termination.
11.3.4. The Hauler makes a general assignment for the benefit of creditors, files a petition in
bankruptcy, i
reasonable period of time (which, if the event of default is a default in the payment of monies
and results from restraint by a court or regulatory agency, means the undertaking and
prosecution of prompt, diligent, good faith efforts to remove the restraint);
11..2. Upon ten (10) days written notice to the Hauler, if the Hauler is then in default, the
City shall have the option to terminate this Agreement, unless the event of default is fully
cured prior to the expiration often (10) day period or unless during the period the Hauler has
taken remedial steps the effect of which would be to enable the Hauler to cure the event of
default within a reasonable period of time (which, if the event of default is a default in the
payment of monies and results from restrai
by the breach of any term, covenant, agreement, undertaking, or obligation of this Agreement. This
section shall survive the term of this Agreement.
ARTICLE 13. GOVERNING LAW AND VENUE.
13.1. Laws of Texas Applicable. The interpretation and performance of this Agreement shall be
under and controlled by the laws of the State of Texas.
13.2. Venue. The sole and exclusive forum for the initial determination of any question of law or
fact to be determined in any judicial proceeding relating to this Agreement shall be any court of
competent jurisdietion in Nueces County, State of Texas, including the United States District Court
for the Southern District of Texas, Corpus Christi Division.
13.3. Agreement Not Affected by Pending Litigation. Except as otherwise specifically provided in
this Agreement, the pendency of any claim or litigation does not affect the obligations of the parties
to make any payment or render any service required by this Agreement or the rights of the parties
under this Agreement.
ARTICLE 14. MISCELLANEOUS PROVISIONS.
14.1. Entire Agreement. This Agreement merges and supersedes all prior negotiations,
representations, and agreements between the parties. This Agreement ' constitutes the entire
agreement between the parties to this Agreement in respect of the subject matter of this Agreement.
14.2. Waiver. No delay in exercising or the failure to exercise of any right or remedy accruing to or
in favor of any party under this Agreement impairs any right or remedy or constitutes a waiver of the
right or remedy. Every right and remedy given under this Agreement or by law may be exercised
from time to time and as often as may be deemed expedient by the parties to this Agreement.
14.3. Amendments and Modifications. This Agreement may not be amended or modified except in
writing. The amendment or modification must be signed on behalf of both parties by their duly
authorized officers.
14.4. Independent Contractor. Hauler will perform the services hereunder as an independent
contractor and will furnish such services in its own manner and method, and under no circumstances
or conditions may any agent, servant, or employee of Hauler be considered as an employee of the
City.
14.5. Subcontractors.
14.5.1. Hauler may use subcontractors in connection with the work performed under this
Agreement. When using subcontractors, however, Hauler must obtain prior written approval
from the Contract Administrator.
14.5.2. In using subcontractors, Hauler is responsible for all their acts and omissions to the
Elliott 2007 Skid 0 Can Agmt 062807.doe Page 18 of 39
same extent as if the subcontractor and its employees were employees of Hauler.
14.5.3. All requirements of this Agreement imposed on the Hauler are applicable to all
subcontractors and their employees to the same extent as if the Hauler and its employees had
performed the services.
14.6. Successors and Assigns. This Agreement inures to the benefit of and binds the respective
successors and permitted assigns of the parties to this Agreement.
14.7. Contract Administrator, The Contract Administrator designated by the City is responsible for
approval of all phases of performance and operations under this Agreement including deductions for
non - performance and authorizations for payment. All of Haulers notices or communications
regarding this Agreement must be directed to the Contract Administrator, who is the City's Director
of Solid Waste Services.
14.8. Notices. All written notices, reports, and other documents required or permitted under this
Agreement must be in writing and are deemed to have been given when delivered personally or
deposited in the mails, postage prepaid, registered or certified mail, return receipt requested, or by
commercial overnight courier addressed to the party to whom notice is being given at the party's
address set forth below. Either party may change its address by sending written notice that complies
with this Section.
Hauler: Skid -O -Kan I aul Away
Attn: Thomas Davis
5025 Up River Road
Corpus Christi, Texas 78407
And
P. O. Box 1126
Corpus Christi, Texas 78403'
(361) 883 -6642 Phone
(361) 882 -5351 Fax
City:r
Director of Solid Waste Services
City of Corpus Christi
2 525 Hygeia Street
P.O. Box 9277
Corpus Christi, Texas 78469.9277
14.9. Representatives. For billing purposes, the parties designate the following representatives and
addresses:
Hauler: Slid -o -I an Haul Away
Attn: Thomas Davis
5025 Up River Road
Corpus Christi, Texas 78407
And
Elliott 2007 Skid 0 Kan Amt 062807.doc Page 19 of 39
City.
P. 0. Box 1126
Corpus Christi, Texas 78403
(361) 883 -6642 Phone
(361) 882 -5351 Fax
City of Corpus Christi - Financial Services
Accounts Receivables
1201 Leopard Street
P.O. Box 9257
Corpus Christi, Texas 78469 -9257
14.10. Fiscal Year. All parties recognize that the continuation of any contract after the close of any
fiscal year of the City, which fiscal year ends on July 31 annually, is subject to appropriations and
budget approval providing for such contract item as an expenditure in that budget. The City does not
represent that the budget item will be actually adopted, that determination is within the sole
4 discretion of the City Council at the time of adoption of each budget.
14.11. Right to Most Favorable Acceptance or Tipping Fees.
14.11.1. If the City enters into an agreement with any other company, person, or legal entity
that provides solid waste hauling services or generates, disposes, or transports solid waste to
the City's landfill (or enters into a renewal, modification, extension of any existing agreement
with such a party), and the document contains provisions for acceptance or tipping fees more
favorable to the other party than those in this Agreement, the Hauler shall have the right
either to terminate this Agreement or to amend this Agreement to contain such more
favorable terms and provisions.
14.11.2. An agreement that offers an equivalent discounted acceptance fee for a commitment
to deliver all tonnage collected withi
14.13. Further Actions. Each party agrees that it will, at its own expense, execute any and all
certificates, documents, and other instruments, and take other actions as may be reasonably
necessary to give effect to the terms of this Agreement.
14.14. 'Triplicate Originals. This Agreement may be executed in triplicate ori
duties, obligations, and rights, if any, with respect to secrecy, indemnity, warranty, guaranty) shall
survive the expiration or termination of this Agreement until the duty or obligation has been fully
observed, performed, or discharged and the right has been fully enjoyed, enforced, and satisfied.
14.20. Exclusivity of Remedies. Neither party shall be liable for or obligated to py punitive,
consequential, special, incidental, or indirect damages in connection with the performance of this
Agreement.
The parties to this Agreement have caused this Agreement to be executed on the date the City's
representative executes this agreement. This Agreement is intended to take effect as a sealed
instrument.
AGREED TO BY:
SKID- -IANHAJL AWAY
Thomas Davis, President
Dace: 6, I-2223 11
THE STATE OF TEXAS §
COUNTY OF /Uh t.� �C S §
This instrument was acknowledged before me on'
Davis, President, on behalf of Skid-O-Kaniflaul A fir, a corporation.
Notary Public
State of Texas
Elliott 2007 Skid 0 Kan Amt 062807.doc
0
(cl
, 2007, by, Thomas
Page 22 of 39
CITY OF CORPUS CHRISTI
George K. Igoe
City Manager
Date:
ATTEST:
Armando Chapa
City Secretary
Approved as to form: This -- day of , 2007
Elizabeth Hundley
Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS §
COUNTY OF NUECES §
This instrument was acknowledged before me ors - , 200 7, by George K.
Noe, City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said
corporation.
Notary Public
State of Texas
Elliott 2007 Skid 0 Kan Amt 062807.doc Page 23 of 39
EXHIBIT A
EXTRACTS FROM
SITE OPERATING PLAN
CITY OF CORPUS CHRISTI
J. C. ELLIOTT LANDFILL
PERMIT 423A
Elliott 2007 Skid 0 Kan Agmt 062807.doc Page 24 of 39
4. O RA'TIO1 AL PROCEDURES
4.1. Access Control
Public access to the landfill is limited to one existing main entrance from Ayers Street (State
Highway 286), Gate house personnel control access and monitor all vehicles entering and exiting the
site. Additionally, two other private entrance /exits gates are located at this site; one gate being at the
northwest comer and the other at the southwest comer of the landfill on Greenwood Drive. These
gates are used from time to time to move equipment to and from maintenance shops, as construction
contractor entrances, and other such activities not directly associated with waste hauling.
4.1.1. Access From Public Road
Access to the site will be from Ayers Street (State Highway 286) at the existing site entrance.
Ayers Street is a two -way, two -lane asphalt -paved road, with an average pavement width of
20 feet. A site sign is prominently displayed adjacent to the gate entrance.
4.1.2. Vehicle Access
All waste - hauling vehicles will deposit their loads at the working face or the designated
processing area. Only landfill construction vehicles, landfill personnel vehicles, and the
authorized haul vehicles will have access to the active portion of the landfill.
4.1.. All - Weather Access
The existing site entrance is paved asphalt drive that transitions into a caliche road. The
caliche on -site roads will be maintained for all - weather access by site personnel. The
entrance to the facility from Ayers Street and all interior access roads within the site are all -
weather roads. Prior to inclement weather, an all- weather access area will be constructed.
All - weather road and access area are provided to the active disposal area, and consist of a
minimum of 8 inches of crushed caliche and/or crushed asphalt. A pad (may vary in size)
may be constructed by the disposal area so that disposal vehicles will have enough room to
maneuver while they are disposing of the waste. The caliche /asphalt materials used for all -
weather road construction will be salvaged and reused as the access road locations change
across the site. Haulers will dump waste at the edge of this designated area and allow the
compactor to push the waste into the fill. Therefore, no separate wet- weather operations area
will be necessary.
4,1.4. Traffic Control
The entrance to the landfill is located on the southeast comer of the site. The gate attendant
will restrict site access only to authorized vehicles and will direct these vehicles
appropriately.
Elliott 2007 Skid 0 Kan Amt 062807.doc Page 25 of 39
Solid waste transportation vehicles will be weighed at the gate scale and then directed to the
active portion of the landfill. Site personnel, signs, and barricades will provide traffic
directions as necessary to expedite safe movement of vehicles.
4.1.5 Site Security
Site security measures are designed to prevent unauthorized persons from entering the site, to
protect the facility and its equipment from possible damage caused by trespassers, and to
prevent disruption of facility operations caused by unauthorized site entry.
Unauthorized entry into the site is minimized by controlling access to the landfill site with
the perimeter fence and locked gates at all entrances.
The main site entrance (Ayers Street) is secured by a gate which is monitored by the
office /gate attendants during normal site operating hours. Outside normal operating hours,
the gate to the site will be locked. All other entrances will remain locked or attended by site
personnel.
Entry to the active portion of the site will be restricted to designated personnel, approved
waste haulers, and properly identified persons whose entry is authorized by site management.
Visitors may be allowed on the active area only when accompanied by a site representative.
4.2. Unloading Wastes
The landfill is authorized to receive municipal solid waste and those special solid wastes allowable
under '330.136 of the Texas Commission on n iror rr rrtai uality ("TCEQ") Municipal Solid
Waste Management Regulations "MSWMR], 30 TAC Cha 8 ter 330. (Dote: Underlined text has been
added for clarity.) The site is not authorized to receive regulated hazardous wastes or radioactive
wastes. These categories of wastes are prohibited at this site by state and federal regulations (refer to
Section 6 - Waste Screening Plan). Special wastes will not be handled at this landfill except in
accordance with TCEQ regulations and Section 4.20 - Disposal of Special Wastes of this SOP.
The unloading of solid waste will be confined to as small an area as practical. Trained personnel will
monitor the incoming waste on the trucks. These personnel are familiar with the rules and
regulations governing the various types of waste that can or cannot be accepted into this facility,
including knowledge of '330.136 of the MSWMR. The personnel also have a basic understanding of
both industrial and hazardous waste and their transportation and disposal requirements. Solid waste
dumping will be controlled to prevent disposal in locations other than those specified by site
management. Unloading of waste in unauthorized areas is prohibited and site personnel shall take
the necessary steps to ensure compliance with this provision. Any waste deposited in an
unauthorized area shall be removed promptly and disposed of property.
Elliott 2007 Skid 0 Kan Agmt 062807.doc Page 26 of 39
Rules for waste disposal and prohibited waste will be prominently displayed on si
4.8. Control of Waste Spilled on Route to the Site
The Landfill Superintendent will take steps to ensure that vehicles hauling waste to the site are
enclosed or provided with a tarpaulin, net, or other means to property secure the load. These steps
are necessary to prevent the escape of any part of the load by blowing or spilling. Signs stating this
policy will be posted and offenders may be reported by the Landfill Superintendent to proper law
enforcement officers. The Landfill Superintendent will be responsible for the cleanup of waste
materials spilled along and within the right -of -ay of all public access roads serving the site for a
distance of 2 miles in either direction from any entrance used for delivery of waste to the site. The
Landfill Superintendent will consult with officials ieials o the Texas Department of Transportation
concerning cleanup of state highways and right -of -ways.
4.9. Disposal of Large Items
Large appliances and other heavy items will not be placed within 5 feet of the liner. Items classified
as large, heavy, or bulky may include, but are not limited to, white goods (household appliances), air
conditioner units, and large metal pieces. In addition the site will maintain a Steel Recycling area
near the site main entrance where large appliances and other metallic items can be stored until
recycled. CFC removal will be conducted at this area. CPUs will be removed at least semi-monthly.
Appropriate house keeping will be maintained at all times.
4.10. Air Quality Control
Measures to control air pollution may include, but are not limited to, the following items:
No open burning of waste will be permitted at the proposed facility
' Freshly landfilled waste will be promptly covered with dirt or approved alternative
daily covers.
Odor masking agents such as sanifoam may be utilized as necessary
Ponded water at the site will be controlled as detailed in Section 4.19
Accidental fires will be controlled as outlined in Section - Fire Protection plan
The Landfill Superintendent will ensure that any unit of the municipal solid waste facility does not
violate any applicable requirement of the approved State implementation Plan developed under the
Clean Air Act, Section 110, as amended.
4.11. Disease Vector Control
The need for extensive vector control (control of rodents, flies, and mosquitoes) will be minimized
through daily site operations, which include the application of daily and final cover. The extent of
the working face will also be minimized. ed. Site operators will make daily checks for insects or rodents
Elliott 2007 Skid 0 Kan Arent 062807,doc Page 28 of
associated with the operations and will report problems to the Landfill Superintendent. If necessary,
a licensed professional should apply pesticides to ensure that proper chemicals are used and are
properly applied.
4.13. Salvaging and Scavenging
Salvaging will not be allowed to interfere with prompt sanitary disposal of solid waste or
to create public health nuisances. Salvaged materials will be considered as potential recycled
materials. Salvaged items will be removed from the site often enough to prevent the items from
becoming a nuisance, to preclude the discharge of pollutants from the area, and to prevent an
excessive accumulation of the material at the site. Special wastes received at the site will not be
salvaged. Scavenging will be prohibited at all times.
4.20. Disposal of Special Wastes
Acceptance of special wastes will be performed in accordance with MSNATIVIR 330.1360)
requirements. Special wastes that will be accepted at the site include non - regulated asbestos -
containing material (non-RACM), and wastes from health care related facilities. Other special wastes
may be accepted. If these wastes are addressed in '330.136 of the MSWMR, they will be handled in
accordance with the procedures provided therein for that specific waste. Should a different procedure
be devised or the specific waste not be addressed therein, then a request will be made in accordance
with Section 330.136(0(2) and approval received prior to acceptance of those wastes. The special
wastes that will be accepted at the site and handling procedures are disussed below.
Non-Regulated Asbestos Containing Materials (Non-RACM)
Non -RACM will be accepted. The non -RACM shall be disposed in the active working face and
immediately covered with at least two (2) feet of other solid waste. Precautions shall be taken by site
personnel to eliminate the crushing or grinding of non -RACM into a friable state.
Wastewater Treatment Plant Sludge
Treated wastewater plant sludges will be accepted. Other material will receive TCEQ approval prior
to its disposal. The processed material will be required to pass a paint filter test prior to disposal on
the working face of the landfill, as prescribed in 30 T AC 330.136(b)(7).
DEAD ANIMALS
The site may receive dead animals that are delivered to the site independent of other wastes. Dead
animals will be buried and covered with a minimum of 3 feet of solid waste or a minimum of 2 feet
of soil immediately upon receipt.
Elliott 2007 Skid 0 Kan Agmt 062807.doe Page 29 of 39
Special Waste Report Submittal
The landfill Superintendent will submit to the TCEQ a monthly summary of special wastes received
at the landfill. This report will be submitted no later than the 25th day of the month following the
month in which the waste was received. The reports will be submitted on forms provided by the
TCEQ. Failure to file the reports in a timely manner is considered a violation of the MSWMR.
4.21. Disposal of Industrial Waste
Class f industrial waste will not be accepted at the site. Class II and Class If industrial solid waste
will be accepted as long as the acceptance does not interfere with normal operations. In the event
that a Class I industrial solid waste arrives at the site, the appropriate departments and offices of the
TCEQ will be notified. The applicable phone numbers will be included in a list of emergency phone
numbers posted in the gate house and the landfill office. If the waste presents an emergency
situation, the TCEQ Emergency Response Unit will be contacted. The appropriate agencies will be
requested to provide assistance to the City through their respective enforcement capabilities
concerning transporters and waste generators in the proper management of unauthorized waste
received at the site. Refer to Section - Waste Screening Plan and Section 4.2-Unloading Waste for
waste screening procedures.
4.22. Prevention of Discharge of Contaminated Water
The landfill Superintendent will take all steps necessary to control and prevent the discharge of
contaminated water from the facility. Should the discharge of contaminated water become necessary,
the landfill Superintendent will obtain specific written authorization from the TCEQ prior to
discharge.
4.23 Leachate and Contaminated Water Plan
Leachate and contaminated water will be controlled as specified in the Leachate and Contaminated
Water Plan.
Elliott 2007 Skid 0 Kan Agmt 062807.doc Page 30 of 39
6. WASTE SCREENING PLAN
Part - Purpose
The purpose of this plan is to prevent the unauthorized entry of waste not approved for disposal at
the landfill; to protect both personnel and customers using the landfill; achieve permit compliance;
and assure the environment of the landfill and surrounding area is protected from contamination
from unauthorized waste. Conformity to the plan will assure efficient and effective processing of all
waste at the landfill.
The types of wastes that are accepted at the landfill as well as the procedures for waste inspection
and handling are outlined in the Site Operating Plan.
Part B Training
Training requirements of landfill personnel to recognize and handle unauthorized waste
will include the following:
Familiarization of the Site Operating Plan
Successful completion of formal waste screening training provided by: in -house instruction,
the Texas Engineering Extension Service TX, or Solid Waste Association of North
America (SWANA)
Records of all course attendance will be kept as well as copies of any certificates issued. A periodic
review of the information provided in these sources will take place as needed.
Part C - Prevention of Unauthorized Disposal
Methods used to prevent unauthorized disposal will be accomplished at four (4) levels.
Each level will be designed to virtually eliminate random inspections.
Level One - Education and Information
A sign at the entrance to the landfill will describe wastes that are not accepted for disposal
and will inform customers that their waste is subject to inspection.
An informational bulletin detailing the waste inspection process will be given once a year to
all existing and to new customers.
A letter detailing the waste acceptance policy wilt be mailed to the management of all major
firms and municipalities who actively use the landfill.
Information on the waste inspection process will be given to the local newspaper for
presentation as a public service announcement.
Elliott 2007 Skid 0 Kan Agmt 062807.doe Page 31 of 39
The selection of loads for random waste inspection consideration will exclude two groups of
transporters:
1. Transporters who provide adequate documentation (as specified in 30 TAC
330.32(d) that unallowable wastes are avoided in the residential routing of collection
vehicles. These vehicles will be identified by number.
2. Transporters of mixed residential and commercial waste that can provide assurance that
the generator properly classifies the waste and is routinely checked by the transporter for
compliance.
Individual vehicles not associated with any commercial activities or businesses will also be generally
exempted from waste screening consideration.
All other vehicles will be included in the pool of loads for waste screening consideration.
Backup Procedure: In accordance with 30 TAC 330.11 4 (5)(A); If at any time an excluded
vehicle outside the pool is found to have suspect waste within a load, the exemption status of
that vehicle will become null and void, thereby subjecting it to waste screening
consideration.
Level Three - 30 TAC 330.32(4)
Alt transporters will be required to comply with 30 TAC 330.32(d). A surcharge for waste removal
will be assessed to any transporter who is discovered to have dumped an unacceptable waste. In all
cases the site operator refuses to accept ownership of any unauthorized waste.
Level Four - Screening
Waste screening will take place in the following three ways:
1. All manifested wastes will be checked for conformance to the manifest. Vehicles
transporting manifested wastes will be excluded from the pool of vehicles subjected to
random waste screening sampling.
2. All vehicles entering the landfill for disposal purposes including those not related to any
business or commercial activity will be screened for unauthorized waste at the entrance gate.
The operator maintains the right to question the driver of any vehicle entering the landfill.
Any suspect loads will be directed to the waste screening site for inspection. All inspections
will be documented in the operating record.
3. Screening at the working face will be done by the attendant and the equipment operator by
observing both the offloading and spreading of the waste.
4. Random waste inspection wilt be accomplished by determining the pool of vehicles available
for inspection, including all vehicles not previously mentioned as being excluded. From this
Elliott 2007 Skid 0 Kan Agmt 0607.doc Page 32 of
pool, one vehicle will be randomly inspected on a weekly basis as recommended by the
Texas Engineering Extension Service T X .
5. The random one percent selection from the pool of vehicles available for inspection will be
made using random number tables.
Part D - Waste Inspection Process
The waste screening process will involve the following steps:
St One - Determination of waste load to be screened. (As outlined in Part C.)
Step_ Two - Preparation of the waste screening site. A concrete pad will be constructed at the landfill
approximately 50' x loo' in size and windscreen fencing will be utilized to maintain wastes within
the designated area.
Step Three - A team of people will be selected to conduct the waste screening process. Personnel
involved in the waste screening process will include those who meet the following criteria:
must have completed the training requirements outlined in Part 8 (and basic firstaid training)
must possess good oral and written communication skills
must be free of any physical limitations that would hinder perfornance of screening
operations
must possess good vision, good sense of smell and the ability to readily detect heat
Step Four - The basic equipment needed to perform the waste screening process will include the
following:
rake, hoe, shovel for the purposes of moving and sorting waste
wire cutter and pry bar the purpose of opening containers
poles and flagging for the - purpose of marking areas of suspected waste contamination
- inspection forms, watch, camera, clip board for the purposes of recording the inspection
results
fire extinguisher, absorbent material and soil for the purpose of fire suppression and spill
containment
- paint filter test kit for the purpose of determining free liquids
- first -aid kit
- two -way radio for communication purposes
Elliott 2007 Skid 0 Kan Agra 062807.doe Page 33 of 39
Step Five - Protective equipment needed to perform the waste screening process will include the
following:
safety goggles for eye protection
chemically resistant boots, gloves and Tyvek suits
hardhat
Step Six - Waste screening recording form. (Attached in Section 9)
Step Seven Remediation: In accordance with 30 TAC 330.114 (5) the following
procedure will be followed in the event that a hazardous or non - allowable waste is found in the
waste screening process:
1. Non- allowable wastes will be loaded back onto the vehicle and the transporter
will be required to give evidence of where the waste is taken for disposal.
2. Hazardous wastes if identifiable and not an imminent threat to the landfill or
human health, will be removed from the screening area and temporarily confined in the
hazardous waste storage building of the household hazardous waste facility (located adjacent
to the screening area), until such time that arrangements for its removal and subsequent
disposal can be made by a hazardous waste contractor. If, however, the waste does pose an
imminent threat to the landfill or human health, the City's Fire Department (Hazmat Unit)
will be contacted to secure the waste and assure its safe containment. In either case, any costs
associated with the proper disposal will be the responsibility of the transporter who brought
the waste to the landfill.
7. FIRE PROTECTION PAN
The following steps must be taken regularly by designated landfill personnel to prevent fires:
Burning waste must be prevented from being dumped in the active area of the
landfill. The Gate Attendant and equipment operators must be alert for signs of burning
waste such as smoke, steam, or heat being released from incoming waste loads.
Fuel spills must be contained and cleaned up immediately.
Dead trees, brush, or vegetation adjacent to the landfill must be removed immediately, and
grass and weeds mowed so that forest, grass, or brush fires cannot spread to the landfill.
No smoking on the active areas of the landfill site.
Elliott 2007 Skid 0 Kan Agra 062807.doc Page 34 of 39
Specific Fire - Fighting Procedures
If a fire occurs on a vehicle or piece of equipment, the first step is to bring the
vehicle or equipment to a safe stop. If safety of personnel will allow, the vehicle must be
parked away from fuel supplies, uncovered solid wastes, and other vehicles. Shut off the
engine, engage the brake, or use some other appropriate method to prevent subsequent
movement of the vehicle.
If the fire is in the working face, the burning area should be isolated, by pushing
the fire, with the wind, out of the working face. Soil should be placed on the fire to smother
it. If this is not possible or unsafe, efforts to cover the working face with earth must be
initiated immediately to smother the fire.
General Rules for Fire Incidents
Contact the Fire Department by calling 361/854-9704 or 911. The Cities Fire
Department, approximately 3.5 miles away, would respond if necessary.
* Alert other facility personnel.
Assess extent of fire and possi
recommended by the local Fire Department or the City's insurance carrier. Fire extinguishers must
be fully - charged and ready for use at all times. Each extinguisher must be inspected on an annual
basis and recharged as necessary. These inspections must be performed by a qualified service
company, and all extinguishers must display a current inspection tag. Inspection and recharging must
also be performed following each use. The gate house, as well as all landfill equipment and vehicles,
will be equipped with fire extinguishers.
Elliott 2007 Skid 0 Kan Agmt 0 2 0 .doc Page 36 of 39
EXHIBIT B
INSURANCE REQUIREMENTS
1. Hauler Liability Insurance
A. The Hauler may not deliver any solid waste to the City's J. C. Elliott Municipal Landfill
under this Agreement until Hauler has obtained all insurance required by this exhibit and the
required insurance has been approved by the City. The Hauler may not allow any
subcontractor to deliver solid waste to the Landfill until all similar insurance required of the
subcontractor has been obtained and approved.
B. The Hauler must furnish to the City's Risk Manager, 2 copies of Certificates of Insurance,
with the City named as an additional insured for all liability policies, and a blanket waiver of
subrogation on all applicable policies, showing the following minimum coverage by
insurance company(s) acceptable to the City's Risk Manager.
YPE F INSURANCE
MINIMUM INSURANCE COVERAGE
3D-Day Notice of Cancellation required on
all certificates
I: odily Injury and Property Damage
Commercial General Liability including:
1. Commercial Form
. Premises - Operations
3. Products /Completed Operations
Hazard Products/Completed
4. Contractual Insurance
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
8. Pollution Liability
'.1,000,000 COMBINED D SINGLE LIMIT
' GGREGATE LIMIT OF LIABILITY FOR
1 ALIT POLICY PERIOD
L UTOMOBILE LIABILITY—OWNED NON-
WN D OR RENTED
$1,000,000 COMBINED SINGLE LIMIT
WORKERS' COMPENSATION
MPLOYERS' LIABILITY
HIGH COMPLIES WITH THE TEXAS
ORKERS' COMPENSATION ACT AND
M'ARAGRAPH 2.A. OF THIS EXHIBIT
$100,000
ROFESSIDI AL POLLUTION
IA ILITY NVIRONM I TAL
IMPAIRMENT COVERAGE
ot limited to sudden & accidental
discharge; to include long- term
environmental impact for the disposal of
1 • 1 • II -rants
$ 1,000,000 AGGREGATE LIMIT OF
IABILITY FOR EACH POLICY PERIOD
Elliott 2007 Skid 0 Kan Agmt 0b 807.do
Page 37 of 39
C. in the event of accidents of any kind, the Hauler must furnish the Risk Manager with copies
of all reports of such accidents at the same time that the reports are forwarded to any other
interested parties.
2. ADDITi4NAL REQUIREMENTS
A. The Hauler and its subcontractors must obtain workers' compensation coverage through a
licensed insurance company or through self - insurance obtained in accordance with Texas
law. If such coverage is obtained through a licensed company, the contract for coverage must
be written on a policy and endorsements approved by the Texas Department of Insurance.
If such coverage is provided through self-insurance, then within 10 calendar days after the
date the Contract Administrator or his designee requests that the Hauler sign the contract
documents, the Hauler must provide the Risk Manager with a copy of its certificate of
authority to self - insure its workers' compensation coverage, as well as a letter signed by the
Hauler stating that the certificate of authority to self - insure remains in effect and is not
subject to any revocation proceeding then pending before the Texas Workers' Compensation
Commission. Further, if at any time before the expiration of the Agreement by the City, the
certificate of authority to self - insure is revoked or is made the subject of any proceeding
which could result in revocation of the certificate, then the Hauler must immediately provide
written notice of such facts to the City, by certified mail, return receipt requested directed to
Director of Solid Waste Services, City of Corpus Christi, P.O. Box 9277, Corpus Christi, TX
78469 -9277.
Whether workers' compensation coverage is provided through a licensed insurance company
or through self - insurance, the coverage provided must be in an amount sufficient to assure
that all workers' compensation obligations incurred by the Hauler and its subcontractors will
be promptly met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on the liability
coverage, except for the Workers' Compensation coverage and a blanket waiver of
subrogation on all applicable policies.
If your insurance company uses the standard ACORD form, the cancellation clause (bottom
right) must be amended by adding the wording "changed orr' between "be" and "canceled ",
and deleting the words, "endeavor to", and deleting the wording after "left ".
The name of the project, e.g., "City of Corpus Christi Solid Waste Hauler Agreement" must
be listed under "Description of operations"
At a minimum, a 30-day written notice to the City's Risk Manager of change or cancellation
is required.
Elliott 2007 Skid 0 Kan Agrnt 062807.doc Page 38 of 39
C. if the Certificate of Insurance on its face does not show on its face the existence of the
coverage required by items 1.8.1 )48), an authorized representative of the insurance
company must include a letter specifically stating whether items 1.8.0)48) are included or
excluded.
Elliott 2007 Skid 0 Kan Agmt 062807.doc Page 39 of 39
WASTE DISPOSAL AGREEMENT
BETWEEN
THE CITY OF CORPUS CHRISTI
AND
SKID-O-KAN INC.
Skid- -Kan Haul Away Cefe R63405SOKHA4_1_1.doc
TABLE OF CONTENTS
Article Subject Page Number
1 General Provisions
1
2 Acceptable Waste
3 Fees
4 Billing and Payments
5 Landfill Procedures
6 Assignments . 11
7 Insurance 11
8 indemnification 12
9 Governmental Regulation 14
10 Suspension for Force Majeure 14
11 Liquidated Damages and Default 15
12 Representation and Warranties 17
13 Governing Law and Venue
18
14 Miscellaneous Provisions 18
Skid-CI-Kan an Haul Away Cefe R 3 05S KHA4 1 1.do
WASTE ISPoSAL AGREEMENT
This Waste Disposal Agreement ("Agreement") between the City of i �t
orpu Christi (the
City"), and Skid - -lean Inc., ("Hauler") requires the City to accept, ro
Bess, and dispose of
acceptable solid waste brought by the Hauler to the City's Cefe Valenzuela Municipal
pal
Landfill ("Landfill"), with its entrance on Courity load 2 in Nueces Cou County, Texas, and
requires the Hauler to deliver to the Landfill and for the disposal of a minimum
. volume
of acceptable Solid Waste under the terms and conditions of this
Agreement.
The parties agree to the following:
ARTICLE 1. GENERAL PROVISIONS.
1.1. Definitions. The following words and phrases have the following
meanings when
used in this Agreement:
Acceptable waste means garbage, litter, refuse, rubbish, and � waste, heavy brush,
debris, and construction /demolition materials, but does not include hazardous,
dour,
medical, or unacceptable waste.
Act means the Solid Waste Disposal Act, as amended, 42 U.S.C. 6901, e
, et seq.
Bulky items means indoor and outdoor furniture, mattresses and box springs
• � g
carpet, swing sets, plastic swimming pools, large toys, bicycles, fish a uariums
and large household appliances.
C RCLA means the Comprehensive Environmental Response, Compensation satNOn and
Liability Act of 1980, as amended, 42 U.S.C. 9601, et seq.
Clean wood waste means individual individaal pieces of wood of the a
t normally sold by
lumber yards and home improvement centers that is free of hardware and
Miner
large fasteners, such as hinges, hurricane straps, latches etc. and
etc., is not attached
to concrete, wallboard, roofing materials, or other construction materials.
Coastal Bend council of Governments' Region ("CBCOG Regiony means Aransas,
Bee, Brooks, Duval, Jim Wells, Live Oak, Keried , Sieber McMullen Nueces, � � � s, San
Patricia, and Refugio counties:
Construction/demolition r materials means waste resulting from construction
• r �or� or
demolition projects, including brick, concrete, concrete rubble, gypsum
board,
lumber, sheetrock, roofing materials, fixtures (such as bath tubs, shower stall
sinks, and toilets), and remodeling debris (such as cabinets, ceramic tile, Formica,
and similar items).
Debris means large waste materials, such as construction demolition materials,
atr�alsr
ashes, roofing materials, dirt, automobile frames, tires, or other bulky he
v
materials.
Skid - -Kann Haul Away Cefe O KHA _1_1.do Page 1 of
Effective date means the first day that the Cefe Valenzuela Landfill is open to
accept waste.
Force Majeure means any event or condition, whether affecting the Landfill the
City, or the Hauler, that has, or may reasonably be expected to have, a material
adverse effect on a party's obligation under this Agreement or on the Landfill if the
event or condition is beyond the reasonable control, based on sound management
or industry practices, and not the result of willful or negligent action or a lack of
reasonable diligence, of the party "non - performing party") relying the event or
condition as justification for not performing any obligation or complying with
any
condition required of the party under this Agreement. The following events or
condition shall, if they meet the requirements of the preceding sentence, constitute
a Force Majeure:
(a) An act of God, storm, flood, or similar occurrence (except for weather
conditions normal for the area) landslide, earthquake, fire, or other casualty,
an act of the public enemy, war, blockage, insurrection, riot, general arrest or
restraint of government and people, civil disturbance or similar occurrence.
(b) The order or judgment of any Federal, State, or focal court, administrative
agency, or governmental officer or body, if it is not also the result of willful or
negligent action or a lack of reasonable diligence of the non-performing
p g
party, and the non - performing party does not control the administrative
agency or governmental officer or body, provided that the diligent contest in
good faith of any order or judgment does not constitute or ma y not be
construed as a willful or negligent action or a lack of reasonable diligence of
the non - performing party.
(c) The adoption, promulgation, issuance, material modification, or change in
interpretation, after the date of this Agreement, of any Federal, state, or
local law, regulation, rule, requirement, or ordinance. (A law, regulation,
rule, requirement, or ordinance is duly adopted, promulgated, issued or
otherwise officially modified or changed in interpretation, when it is in
provisional, interim, or final form and effective or to become effective without
any further action by any Federal, State or local governmental body,
y
administrative agency, or governmental official having jurisdiction.)
(d) The failure of the City or public utilities having operational jurisdiction in
the area of the Landfill to provide, maintain, and assure the maintenance of
all utilities, services, sewerage, and water lines essential to the operation of
the Landfill, except a failure caused by the gross negligence, willful action, or
a lack of reasonable diligence by the City.
(e) A strike, lockout, or other similar labor action;
(f) The failure to obtain or maintain any essential permit or license from any
governmental unit;
Skid- -Can Haul Away Cefe F 6 40 oKHA4_1_1.do Page 2 of 24
Garbage means putrescible animal or vegetable matter, such as waste material
and refuse usually associated with the preparation of food from kitchens,
residences, grocery stores, butcher shops, restaurants, cafes, hotels, rooming
houses, and boardinghouses, but does not include sewage, body waste, or
industrial byproducts.
Generator means the person that creates a solid waste. For the purposes of this
chapter, a construction or repair contractor or landscape or tree service is
considered to be the generator of any solid waste that is produced by the contractor
or service or results from the contractor's or service's work on the premises of a
customer. A business or commercial establishment is considered the generator of
any packaging materials on products delivered to a customer, which are returned to
the business or commercial establishment that made the delivery.
Hauler's historical volume means the tonnage the hauler delivered to the City's J.
C. Elliott Landfill during the year immediately prior to the hauler's initial Waste
. yp
Disposal Agreement with the City.
Hazardous waste means:
(a) Any waste, material, or substance, which by reason of its composition or
characteristic is regulated as a toxic or hazardous waste or hazardous
substance under applicable laws, including without limitation:
(i) The Solid Waste Disposal Act, also known n as the Resource
Conservation and Recovery Act of 1976, as amended, 42 U.S.C.
6901, et seq., as replaced or amended from time to time, and the
rules, regulations, written policies, or written guidelines
promulgated the Act (including without limitation, 40 C.F.R. section
261.4, which generally excepts household waste from the definition
of Hazardous Waste).
(ii) The Toxic Substances Control Act, 15 U.S.0 260, et seq., as
replaced or amended from time to time, and the rules, regulations
and written policies and written guidelines promulgated the Act.
(iii) Any State law or regulation of governing the storage,
transportation, and disposal of solid waste, hazardous waste, toxic
materials, or hazardous substances, including but not limited to the
Texas Solid Waste Disposal Act, Texas Health and Safety Code,
Chapter 361, and 30 Texas Administrative Code Chapter 330.
(b) Radioactive material, which is source, special, nuclear, orby-products
material within the meaning of the Atomic Energy Act of 19 , as replaced
time p
or amended from time to time, and the rules, regulations, and written policies
or written guidelines promulgated under the Act.
Skid - -lean Haul Away Cefe F # HA4_1_1.do Page 3 of 24
(c) Any other waste, material, or substance, which is characterized
or
defined to be toxic or hazardous by the State of Texas, TCEQ, or USEPA
with respect to the Landfill or by any other Federal or State regulatory
agency having jurisdiction over the Landfill under any written regulation,
f
policy, guideline, or order having the force of law.
(d) Notwithstanding the above, if the TCEQ or USEPA determine
by written
regulation, policy, guideline, or having the force of law in relation to:
0) A waste, material, or substance, which is not considered toxic r
0
hazardous as of the effective date of this Agreement, is toxic or
hazardous, then the waste, material, or substance shall, from the
effective date of the determination by TCEQ or USEPA, constitutes
a hazardous waste for purposes of this Agreement.
(ii) A waste, material, or substance, which is considered toxic or
hazardous as of the effective date of this Agreement, is not toxic or
hazardous, then such waste, material, or substance shall, from the
effective date of the determination by TCEQ or USEPA, no loner
constitutes a hazardous waste for the purposes of this Agreement.
Heavy brush means tree and shrub limbs and trimmings, which
are greater than
three (3) inches in diameter, tree trunks, root bails, and other large
plant matter.
Household appliance means general household appliance that will
not fit into a
refuse receptacle including:
Non -metal appliance, such as a television set, stereo system, � video cassette
recorder (VCR), microwave oven, and other similar item constructed
primarily of plastic or other non - metallic parts
Metal appliance, such as a stove, cooking range, oven, dishwasher, washing
machine, clothes dryer, refrigerator, window air conditioning unit, water
heater, lawn mower or edger, and other similar items constructed prNrn i
arily of
metal parts.
Household waste means garbage, rubbish, litter, refuse, and
.. waste, debris, and
limited construction demolition materials commonly generated
household.
� g a residential
Jurisdictional waste means waste collected within the Cty or it s industrial d • stricts .
Landfill means the City's Cefe Valenzuela landfill located in Nu
aces County, Texas.
Utter means any rubbish, paper, napkins, straws, cups or containers made of
paper, plastic, Styrofoam (or other similar material), bottles, glass, candy
or gum
wrappers, remnants of food, cans, or remnants or parts thereof, or any material of
an unsanitary nature.
Skid-O-Kan Haul Away Cefe i 0 KF A4_1_1.do page 4 of 24
Medical waste means waste generated by health -care related facilities
and
associated health -care activities, including veterinary services, but not including
garbage or rubbish generated from offices, kitchens, or other non- health -care
activities.
Published disposal rate means the published tipping rate for
g commercial vehicles
based on weight published in Section 21 -41 a A, less the difference between the
municipal solid waste system service charge published in Section 21-47(b)(1) and
the credit published in Section 21-47(b)(5) and any applicable State or Federal
eral
fees.
Recyclable means a waste material that has been designated by the Director
inclusion for
inclusion in the City's recycling program, that has a useful physical or chemical
property after serving its original purpose, or that may be reused, sold as a
commodity, or converted into another product.
Refuse means a mixture of garbage, rubbish, and other waste that are normally
placed in a receptacle for collection and disposal, but does not include
yard waste,
heavy brush, debris, or construction /demolition materials.
Rubbish means non- decayable solid waste, excluding ashes, that consist of
combustible materials, such as paper, rags, cartons, wood, rubber, plastics, and
similar materials, and noncombustible matter, such as glass, crocke ry, metal
cans,
and similar materials that do not bum at ordinary incinerator temperatures.
Site Operating Plan means the Site Operating Plan for the City of Corpus Christi J.
C. Elliott Landfill generally applicable to customers utilizing the Landfill, as
determined by the City.
Solid waste means garbage, rubbish, litter, refuse, and waste, heavy , � � v brush, debris,
and construction demolition materials.
Tipping fee rate means the rate charged to a commercial vehicle dis •
posing of solid
waste at the City disposal site.
TCEQ means Texas Commission on Environmental Quality.
Tory means 2,000 pounds.
Trash means a single item of rubbish, not otherwise defined as debris or
construction/demolition material, but including a small household liance that t will
not fit into a conventional refuse receptacle.
Unacceptable waste means waste that the City is not allowed to accept t cept under the
rules issued by the TCEQ or the Site peratin g Plan.
USEPA means the United States Environmental. Protection Agency.
ge cy.
Skid - -Ian Haul Away Cefe R63405SOKHA4_1_1.doc Page 5 of 24
Yard waste means grass clippings, weeds, leaves, mulch, small trees and shrub
limbs, which are less than three (3) inches in diameter and less than five feet in
length, and other similar plant matter.
1.2. Interpretation. In this Agreement, unless the context otherwise requires, words of
masculine gender means and include correlati
Region it must notify the City at least sixty days in advance and upon
the City's approval this agreement will be amended to reflect the change.
2.2.1.2. Any volumes the hauler wishes to deliver outside of the
aforementioned defined boundaries are exempt from these requirements
and minimum volumes and rates may be negotiated with the City on a
separate basis.
2.2.2. The Hauler shall deliver the guaranteed tonnage. The Hauler's targeted
e
monthly tonnage is defined as one - twelfth (1/12) of the guaranteed annual tonnage.
2.3. Adjustments to Guaranteed Tonnage.
2.3.1. If notwithstanding the Hauler's best efforts and implementation of best
business practices, the Hauler documents to the reasonable satisfaction of the City
a loss of customers in the Coastal Bend Council of Governments' Region, which
has resulted in a net decline of more than 1 O of the deliveries to the Landfill by
the Hauler, and as a result the Hauler is unable to deliver the guaranteed tonnage
for a period in excess of a year, the parties will act in good faith to renegotiate
the
guaranteed tonnage.
2.3.2. The Hauler may request a change in its guaranteed tonnage sixty days
before the annual anniversary date of this g reerrent.
2.4. Hauler Agrees Not to Deliver Unacceptable Waste. The Hauler agrees g s that the
Hauler will not deliver hazardous, medical, or unacceptable waste to the City.
2.5. Ownership of Solid Waste. Any solid waste delivered to the Landfill remains the
property of the generator. Legal title to the solid waste shall never pass to the City. Upon
request, the Hauler will make records available to the City to determine the generators of
any hazardous, medical, or unacceptable waste delivered to the Landfill.
2.6. City's Right to Audit Hauler for Compliance.
2.6.1. If the Hauler has elected the 100% volume supply option under Section
2.2.1.1 above, the City has the right to review and audit the Hauler's service and
financial records if the City has reason to believe that the Hauler is taking more than
20% of the acceptable waste collected within the CBCOG Region to another
disposal site.
2.6.2. For the purposes of this section, the Hauler's service and financial records
include:
(1 ) A list of all customers located within the CBCOG q ion including:
a. The customer's name.
b. The physical address of each location that is serviced.
Skid-O- Kan Haul Away Cefe 0 0I HA4 j_1.do Page 7 of 24
c. The size and service level of any container(s) provided at each
service location.
d. Whether the container is a roll -on /roll -off container, e.g. a
container that picked up and transported on a vehicle chassis to a
disposal site.
e. The classification of the solid waste collected, e.g., commercial
hazardous, household waste, special waste.
f. Whether or not the solid waste is compacted before disposal.
g. The frequency of collection.
(2) A list of all customers located outside the CBCOG Re iion, whose solid
waste is taken to a facility owned by the city for disposal, including:
a. The customer's name.
b. The physical address of each location that is serviced.
c. The type of solid waste collected from the customer.
(3) The routes taken on a daily basis by any vehicle used to collect solid
waste within the CBCOG Region or any vehicle that disposes of solid waste
at a city owned facility that is collected from outside the CBCOG Region.
(4) Copies of all reports filed with the comptroller of public accounts that
relate to any services provided or activities conducted within the CBCOG
Region.
(5) Copies of all checks, deposit slips, and bank statements related to
payments from all customers located within the CBCOG Region, who
receive solid waste hauling and disposal services, and all customers located
outside the CBCOG Region, whose solid waste is taken to a facility owned
by the city for disposal.
(6) Copies of all checks and bank statements related to payments to other
waste disposal sites within the CBCOG Region and any waste disposal sites
located outside the CBCOG Region, if any of the solid waste that is
disposed of was collected within the CBCOG Region.
(7) Copies of all contracts and agreements related to the disposal of solid
waste collected within the CBCOG Region.
Skid - -Ian Haul Away Cefe R63405SOKFIA4_1_1.doc Page 8 of 24
ARTICLE 3. FEES
3.1. Acceptance Fee for Guaranteed Monthly tonnage.
3.1,1. The discounted acceptance fee for acceptable waste delivered
is by the Hauler
to the Landfill, which is based on 80% of the hauler's historical volume delivered to
the City, is seventy five percent (75%) of the published disposal rate, plus any
mandated Federal or State fees.
3.1.2. if the hauler requests a change to the agreement to a 100% volume supply
agreement as defined in 2.2.1.1, and with the City's approval, the new discounted
acceptance rate is seventy -two percent (72%) of the published disposal rate.
3.2. Penalty for Diversion of Any Acceptable Waste to Alternate Disposal srte, If the
Hauler fails to deliver the guaranteed annual tonnage ofacce table waste to
g the landfill
but diverts a portion of the guaranteed annual tonnage to another landfill the Hauler shall
pay the City the contracted rate per ton as defined in 3.1.1 or 3.1.2 whichever is
applicable, for any diverted acceptable waste that is not delivered to the Landfill to
satisfy
the Hauler's guaranteed annual tonnage.
3.3. Payment of Permitting Fees. The Hauler agrees to pay all solid waste
� permitting
fees imposed by City ordinances.
3.4. Discount for Increased Tonnage. If the Hauler increases the Hauler's volume by a
minimum of an additional 33% or more over the guaranteed annual established tonnage g irshed in
Subsection 2.2.1., the Hauler is eligible for a 15% discount off of the discounted
acceptance fee, established in Subsection 3.1, in that year. The lower tipping fee will be
y g
applied retroactively to the additional waste over the 33% threshold is reached. Once the
base tonnage is calculated under Subsection 2.3, the City will reduce it's billing ng to the
Hauler at the beginning of each succeeding year or issue a refund check if
� the Hauler is a
cash customer.
ARTICLE 4. BILLING AND PAYMENTS.
4.1. Billing. After the end of each month, the City will bill the Hauler for the ty a total fees due
for the bilking period, including each ticket number, Hauler's vehicle registration on number
assigned by the City, and the tonnage on each ticket.
4.2. Payments. The Hauler shall make payment to the City of the amount of each bill
within 30 days of the billing date ("due date") shown on the bill.
4.3. Overdue charges. If payment in full is not made on or before the due date, the
Hauler shall pay an administrative late fee of $100 and any amount remaining unpaid shall
bear interest at the rate of one and one half percent 1 -1 2 per morn
p � or the highest rate
that may then be lawfully charged and paid, whichever is Less from the
due date to the
actual date of payment.
Skid - -Fan Haul Away Cefe R63405SOKHAL:1_1.doc Page 9 of 24
4.4. Disputes.
4.4.1. In the event of a dispute as to any monthly ment the Hauler shall pay
when due the amount of the bill, less the amount in dispute.
4.4.2. The Hauler shall give the City, at the time payment is made on the bill,
written notice of the dispute.
4.4.3. The notice of dispute shall state the amount in dispute and a full statement of
the grounds that form the basis of the dispute.
4.44. Upon settlement by the parties of the dispute, if the City revails the Haul r
p prevails, pay interest on any amount not paid by the due date at the interest rate
specified in Section 4.3.
4.5. Fees Not subject to set -off. The obligations of the Hauler to a y fees under the
terms under this Agreement are not subject to any set -off, abatement, counterclaim,
existence of a dispute or any reason, known or unknown, foreseeable or unforeseeable,
which might otherwise constitute a legal or equitable defense or discharge of the liabilities
of the I--Hauler under this Agreement or limit recourse to the Hauler.
4.6. Payment of Fees No Bar to Claims for Abatements, Refunds, or Adjustments.
Payments made under this Article do not prejudice the rights of the Hauler to claim
g ern
abatements, refunds or adjustments to which it is entitled under this Agreement.
ARTICLE 5. LANDFILL PROCEDURES.
5.1. Acceptance of solid Waste. The city will accept at the Landfill all acceptable ptabl waste
delivered by the Hauler under the terms of this Agreement unless the Cl has City as rejected the.
solid waste under Section 5.2. of this Agreement.
5.2. Rejection of solid Waste.
5.2.1. The City is not obligated to accept waste if the Landfill is closed due to a
Force Majeure.
5.2.2. The City is not obligated to accept waste if the Hauler's account is more than
60 days in arrears of the due date. But the City will accept any acceptable waste if
the Hauler makes a cash payment at the time of delivery.
5.2.3. The Hauler fails to comply with any published delivery p rocedures.
5.2.4. If a delivery of solid waste contains both acceptable waste and any
hazardous, medical, or unacceptable waste.
5.3. Improper Delivery of Hazardous, Medical, or Unacceptable Waste to Landfill.
The Hauler agrees to comply with the provisions in the Site Operating PI an relating to the
improper delivery of hazardous, medical, or unacceptable waste and the procedures for
Skid-O-Kan Haul Away Cefe 3405S0KHA4_1_1.docPage 10 of 24
removing any hazardous, medical, or unacceptable waste from the Landfill. The Hauler
agrees to pay any charges relating to the removal and disposal of hazardous, medical, or
unacceptable waste that would be charged to any other permitted hauler that improperly
delivered hazardous, medical, or unacceptable waste to the Landfill.
5.4. Delivery Schedule.
5.4.1. During the term, the Hauler may deliver acceptable waste to the Landfill
during its normal posted hours of operations.
5.4.2. The City will open the landfill for at least 58 hours, during weeks without City
holidays. The City reserves the right to expand Landfill hours as it deems
necessary. If the City reduces Landfill hours it will notify the Hauler of such changes
in writing within 24 hours of said determination.
5.4.3. The City will consider requests for additional hours based on special
. , needs
of the Hauler and the availability of Landfill personnel.
5.4.4. Except in a Force Majeure, the City will provide the Hauler with at least 48
hours advance notice of any changes in the hours or days of operation.
5.5. Delivery Procedures.
5.5.1 . The delivery of solid waste to the Landfill shall be regulated by the provisions
of the Site Operating Plan. Copies of relevant provisions will be provided
r � by the
City to the Hauler from time to time. The terms and conditions in the Site
Operating
Plan are intended to reflect the actual procedures and operations at the Landfill. An
extract of the relevant provisions of the current Site Operating Plan is attached as
Exhibit A.
5.5.2. The City reserves the right to redirect the Haulers trucks from the working
ng
face to an on -site transfer station.
5.6. Delivery Vehicles.
5.6.1. Acceptable waste must be delivered by the Hauler, at its expense, p to the
Landfill in enclosed container vehicles or enclosed compactor vehicles complying
� orrrply�ng
with any applicable State laws and regulations and City ordinances regulating
.. ty g at�n the
permitting of haulers, vehicles, and containers, regulating the marking of solid
g g
waste vehicles and containers, setting insurance requirements for haulers and
vehicles, and identifying the hauler or generator of solid waste being deliver ed to
the Landfill.
5.6.2. The City may provide for a system for the identification of delive ry vehicles,
including, without limitation, identification of the Hauler, identification of the specific f
vehicle, identification of any roll-on/roll-off containers, and tare weight of the vehicle
or containers
used to haul solid waste to the Landfill.
Skid-CI-Kan Haul Away Cafe 4 KHA _1_1.do Page 11 of 24
5.6.3. The City is under no obligation to accept acceptable waste from persons or
vehicles not complying with the permitting and marking systems, the insurance
requirements, or the delivery procedures established by the City.
Y
5.6.4. The City may enforce compliance with permitting and marking stems and
delivery procedures by denial of disposal privileges and such other means as it may
reasonably determine to be necessary and appropriate.
5.. Front of Line Privileges.
5.7.1. The City will provide front of line privileges to the Hauler and other haulers
with "put or pay" contracts with the City.
5.7.2. The City may at its discretion suspend front of line privileges under this
agreement when waiting times to tip for other permitted haulers at the Landfill
approach thirty (30) minutes.
ARTICLE 6. ASSIGNMENTS.
6.1. Assignment By Hauler. The Hauler may not assign or transfer, directly or indirectly,
its interest in and to this Agreement, without the consent of the City Manager, which
consent will not be unreasonably withheld, delayed, or subject to unreasonable conditions.
6.2. Assignment By City. The City may, with prior written notice to the Hader, assign all
or any portion of this Agreement for any lawful purpose. The assignment of all or any
portion of this Agreement does not relieve the City of any obligation under this Agreement
without the consent of Hauler.
ARTICLE 7. INSURANCE.
lCE.
7.1. Insurance Requirements. . Insurance requirements are attached to and incorporated
into this Contract as Exhibit B attached to and made a part of this Agreement, and ma y be
revised annually by the City's Contract Administrator upon thirty 30 days written notice to
Hauler.
7.2. Insurance Required by Subcontractors. Any subcontractor, which is hired
by
Hauler to deliver solid waste to the Landfill, must maintain the same insurance as specified
in Exhibit B prior to delivering any solid waste to the Landfill.
7.3. Certificates of Insurance. Before activities can begin under this Contract Hauler's
and any subcontractor's insurance company(ies) must deliver Certificate(s) of Insurance,
as proof of the required insurance coverages to the City's Contract Administrator.
7. 4. Notice of Cancellation, Material Change, or Intent Not to Renew. Additionally,
the Certificate(s) must state that the City will be given at feast thirty days da s notice by
certified mail of cancellation, material change in the coverages, or intent not to renew any
of the policies.
Skid - -Can Haul Away Cefe F4OKHA_1_1.doc Page 12 of 24
7. 5. City Named As Additional Insured, The City must be named as an Additional
Insured in each policy. The City Attorney must be given copies of all insurance policies
within 15 days of the City's Contract Administrator's written request.
7.6. Waiver of Claim Recovery. The Hauler waives any claim for recovery from the
City for any injury, loss, or damage to Hauler resulting from the performance of this
Agreement, to the extent compensation for the injury, loss, or damage shall have been
recovered under any insurance policy.
7.7. Written Notice of Injury, Loss, or Damage Required. Immediately upon the
occurrence of any injury, loss or damage resulting from the performance of this
Agreement, written notice shall be given to the City's authorized representative.
ARTICLE 8. INDEMNIFICATION
8.1 Indemnification for Death, Personal Injury, or Property Damage.
8.7.7. To the extent allowed by Texas taw, Hauler, its officers,
members, partners, employees, agents, subcontractors, and
licensees shall fully indemnify, save, and hold harmless the City,
its officers, employees, agents, licensees, and invitees ("City
indemnitees, against any and all liability, damage, loss, claims,
demands, judgments, actions, costs, and expenses (including
reasonable attorney's fees and expenses) of any nature
whatsoever on account of persona! injuries (including, without
limitation on the foregoing, workers' compensation and death
claims), or property loss or damage of any kind whatsoever,
which arise out of or are in any manner connected with, or are
claimed to arise out of or be in any manner connected with the
Hauler's delivery of solid waste to the Landfill under this
agreement.
8.7.2. To the extent allowed by Texas law, the City shall fully
indemnify, save, and hold harmless the Hauler, its officers,
employees, agents, licensees, and invitees ( "Hauler indemnitees '9
against any and all liability, damage, loss, claims, demands,
judgments, actions, costs, and expenses (including reasonable
attorney's fees and expenses) of any nature whatsoever on
account of personal injuries (including, without limitation on the
foregoing, workers' compensation and death claims), or property
loss or damage of any kind whatsoever, which arise out of or are
in any manner connected with, or are claimed to arise out of or be
Skid - -fan Haul Away Cefe f 6 0 s KHA _1_1 .doc Page 13 of 24
in any manner connected with the City's delivery of solid waste to
the Landfill under this agreement.
8.2. Indemnification for Improper Disposal of Hazardous, Medical, or
Unacceptable Waste. If the City elects to dispose of any hazardous,
medical, or unacceptable waste, the Hauler shall indemnify and hold
the City indemnitees harmless from and against all liabilities, losses,
damages, costs, expenses, and disbursements, including reasonable
legal fees and expenses arising out of the processing or disposal by
the person of unacceptable waste or waste not constituting acceptable
waste delivered by the Hauler and incidental and consequential
damages incurred by the City indemnitees.
8.3. Indemnification for Violations of Any Federal or State Laws and
Regulations. The Hauler shall hold harmless and indemnify the City
indemnitees from and against any expense, one, or penalty, including
attorneys fees, and shall defend the indemnitees in any proceeding,
including appeals, for violation of any Federal or State law, rule, or
regulation relating to the collection, transportation, and disposal of
solid waste arising out of the any of the following:
8.3.7. The negligence or wrongful misconduct of the Hauler, its
directors, officers or partners, employees, contractors, or agents.
8.3.2. The failure by the Hauler, its directors, officers or partners,
employees, contractors, or agents to comply with applicable law,
rule, or regulation.
8.3.3. The delivery by the Hauler of any Hazardous Waste or
hazardous, medical, or unacceptable waste to the Landfill.
8.4. Duty to Investigate, Defend, Settle, and Pay Any Claims and
Demands.
8.4.7. Hauler must, at its own expense, investigate all those
claims and demands, attend to their settlement or other
d!sposition, defend all actions with counsel satisfactory to City
indemn!tees, and pay all charges of attorneys and all other cost
and expenses of any kind arising from any of said liability,
damage, loss, claims, demands, or actions.
Skid-O-Kan Haul Away Cefe 4O HA4_1_1.do Page 14 of 24
8.4.2. To extent authorized by law, the City must, at its own
expense, investigate all those claims and demands, attend to
their settlement or other disposition, defend all actions with
counsel satisfactory to Hauler indemnitees, and pay all charges
of attorneys and all other cost and expenses of any kind arising
from any of said liability, damage, loss, claims, demands, or
actions.
ARTICLE 9. GOVERNMENTAL REGULATION.
.
9.1. Jurisdiction. The City and the Hauler acknowledge a that the collection,
transportation, and disposal of solid waste is subject to regulation under both Federal and
State laws and regulations and the jurisdiction of various governmental agencies,
including, without limitation, USEPA, TCEQ, and the Texas . artment of Public Safety.
y
9.2. Compliance with Laws, Regulations, and Ordinances Relating the Collection,
Transportation, and Disposal of Solid Waste. The City and the Hauler agree, at their
own expense, (subject to the provisions in this Agreement relating to Change in Law and
Force Majeure), to materially comply with all applicable law, statutes, rules, regulations,
ordinances, and Site Operating Procedures applicable to them in connection with this
Agreement and the transactions contemplated by this Agreement. The law, statutes,
rules, regulations, and ordinances may include, without limitation, actions taken by the
Texas Department of Transportation and City of Corpus Christi to regulate vehicle traffic
associated with the Landfill.
9.3. Compliance with Other Laws and Regulations and Industry Standards by
Hauler. Hauler shall comply with all other applicable laws, rules, regulations, ordinances,
permits, and requirements of any governmental entity having jurisdiction, including all
applicable health and safety, i
i
anti - discrmnation, affirmative action, and minority business
t
opportunity laws, and all applicable industry codes, specifications, and standards
respecting Haulers business and operation.
9.4. Compliance by Hauler's Agents and Subcontractors. The Hauler agrees to take
all necessary action to cause persons delivering waste on its behalf to the Ci ty to comply
with any law, statute, rule, regulation, order, standard, Site Operating Procedures, or
ordinance of the City of Corpus Christi, USEPA, TCEQ, the Texas Department of Public
Safety, and any other authorized Federal or State agency or law enforcement
organization.
g y
ARTICLE 10. SUSPENSION DUE TO FORCE MA E I E.
10.1. Suspension of obligations.
10.1.1. A delay or failure of performance under this Agreement by either party shall
not constitute an event of default or cause for any liability under this Agreement to
the extent caused by Force Majeure.
Skid - - an Haul Away Cefe R 40 S0 HA4_j _1.doe Page 15 of
1 0.1.2. Any delay or failure caused by a Force Majeure shall be excused at any
time performance is affected by a Force Majeure and during the period as may
be reasonably necessary for the affect party, using its reasonable efforts to
correct the adverse effects of the Force Majeure.
10.1.3. if the Force Majeure causes a reduction, but not a complete suspension in
the ability of the City in connection with the operation of the Landfill to accept,
process, or dispose of acceptable waste, then subject to then existing commitments
of the City with respect to the Landfill, and the requirements of all applicable
permits, consents ,and approvals of the USEPA, TCE , and other governmental
entities, the City shall use its reasonable efforts to allocate a portion of the reduced
capacity of the Landfill to the Hauler. The allocation of landfill capacity shall be
determined by the City in its sole discretion.
10.1.4. The party relying on a Force Majeure as justification for a delay or failure
of performance under this Agreement shall give the other party prompt written
notice of the Force Majeure.
10.2. Efforts to Remove ve condition. A party whose performance is adversely affected
by a Force Majeure shall use its reasonable efforts to overcome or remove the Force
Majeure.
1 0.2.1 After the completion of a suspension due to the Force Majeure and to the
extent the City has the capacity to accept and dispose of excess waste, the City
shall use its reasonable efforts to accept acceptable waste collected by the Hauler,
which the Hauler was unable to deliver to the City during the Force Majeure period.
1 0.2.2. The city is not obligated to accept acceptable waste to the extent that the
acceptance, processing, or disposal of the acceptable waste is contrary to or in
violation of or would cause the City to be in violation of any permits and approvals
for the Landfill.
10/.3. In the event that Hauler is prevented from delivering acceptable waste to
the Landfill as a result of the Force Majeure, Hauler shall still be required to deliver
such tonnage as is reasonably practicable under the circumstances. The parties
shall negotiate and agree on the period during which Hauler is entitled to cure any
resulting shortfall.
10.3. Change in Taxes, Fees, Assessments, and Charges. The adoption of any law,
regulation, rule, or ordinance that imposes or amends any tax, fee, assessment, or charge
does not constitute a Force Majeure.
ARTICLE 11. LIQUIDATED DAMAGES AND DEFAULT.
11.1. Suspension of Service by City. If the City fails to accept acceptable waste at the
Landfill as required by the terms of this Agreement, the Hauler may select an alternate
disposal site and be credited for any acceptable waste delivered to an alternate disposal
kid -O-F r Haul Away Cefe l 40 0KHA4_1_1.do Page 16 of
site for the period of the failure by the City. If the conditions continue for more than thirty
(30) days, this Agreement automatically terminates.
11.2. Events of Default of the city. The City is in default if it makes a general
assignment for the benefit of creditors, files a petition in bankruptcy, is adjudicated
insolvent or bankrupt, petitions or applies to any tribunal for any custodian, receiver, or
trustee for it or any substantial part of its property, commences any proceeding relating to
it under any bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or
liquidation law or statute of any jurisdiction, whether now or after the effective date of this
Agreement is in effect, or if there shall have been filed any such proceeding, in which an
order for relief is entered or which is not dismissed for a period of sixty (60) days or more,
or if by any act indicates the City's consent to, approval of, or acquiescence in any petition,
application, or proceeding or order for relief or the appointment of any custodian, receiver
of, or any trustee for the City or any substantial part of the City's property, or suffers any
custodianship, receivership, or trusteeship to continue undischarged for a period of sixty
(60)daysormore.
11.3. Events Default of Hauler. Each of the following shall be an event of default by
the Hauler under this Agreement and are grounds for termination of the Agreement:
11.31. The Hauler fails to pay any amounts, including without limitation, the
acceptance fee, and any amounts payable under Sections 5.2 or 5.3, which
become due under this Agreement, within thirty (30) days of notice of delinquency
from the City.
1 1.3.2. The Hauler fails to observe and perform any other material term, covenant,
or agreement contained in this Agreement, the Site Operating Plan, or other
agreements or policies to which either the Hauler is subject and the failure
continues for a period of thirty (30) days after written notice to the Hauler specifying
the nature of the failure and requesting that it be remedied.
11.3.3. The Hauler fails to keep all insurance policies in force for the entire term of
this Agreement is grounds for termination.
11.3.4. The Hauler makes a general assignment for the benefit of creditors, files
a petition in bankruptcy, is adjudicated insolvent or bankrupt, petitions or applies
to any tribunal for any custodian, receiver, or trustee for it or any substantial part
of its property, commences any proceeding relating to the Hauler under any
bankruptcy, reorganization, arrangement, readjustment of debt, dissolution, or
liquidation law or statute of any jurisdiction, whether now or after this Agreement
is in effect, or if there is or has been filed any proceeding, in which an order for
relief is entered or which is not dismissed for a period of sixty (60) days or more,
or if by any act indicates the Hauler's consent to, approval of, or acquiescence in
any petition, application, or proceeding or order for relief or the appointment of
any custodian, receiver of, or any trustee for the Hauler or any substantial part of
the Hauler's property, or suffers any custodianship, receivership, or trusteeship to
continue undischarged for a period of sixty (60) days or more.
Skid - -Kan Haul Away Cefe 40 oKHA _1_1,do Page 17 of
11. 4. Remedies lies n Default. Whenever any event of default occurs and is continuing, the
non - defaulting party has the following rights and remedies:
11.4.1. Upon ten 1 days written notice to the City, if the City is then in default,
the Hauler has the option to terminate this Agreement, unless the event of default is
fully cured prior to the expiration of ten (10) day period or unless during the period
the City has taken remedial steps the effect of which would be to enable the City to
cure the event of default within a reasonable period of time (which, if the event of
default is a default in the payment of monies and results from restraint by a court or
regulatory agency, means the undertaking and prosecution of prompt, diligent,
good faith efforts to remove the restraint);
11.4.2. Upon ten 10 days written notice to the Hauler, if the Hauler is then in
default, the City shall have the option to terminate this Agreement, unless the
event of default is fully cured prior to the expiration of ten (10) day period or
unless during the period the Hauler has taken remedial steps the effect of which
would be to enable the Hauler to cure the event of default within a reasonable
period of time (which, if the event of default is a default in the payment of monies
and results from restraint by a court or regulatory agency, means the undertaking
and prosecution of prompt, diligent, good faith efforts to remove the restraint);
1 1.4.3. Upon written notice to the Hauler, if the Hauler has defaulted, the City shall
have the option, without terminating this Agreement, to stop accepting acceptable
waste delivered or tendered for delivery by the Hauler, until the default is cured or
this Agreement is terminated. The City may concurrently pursue any other
remedies to which it is entitled at raw or in equity for the default.
ARTICLE 12. REPRESENTATION AND WARRANTIES.
12.1. Representations and Warranties of the Hauler.
12.1.1. The Hauler by this Agreement represents and warrants to the City that this
Agreement has been executed by authorized officers of the Hauler, and has before
entering this Agreement delivered to the City evidence of the authority.
12.1.2. The Hauler has the full power and authority to execute and deliver this
Agreement to the City and to carry out the obligations and transactions
contemplated by this Agreement throughout its term.
12.1.3. There is no claim or litigation pending or to the knowledge of the Hauler,
threatened that questions this Agreement or that affects or may affect the
obligations and transactions contemplated by this Agreement.
12.2. Representations and Warranties of the City.
12.2.1. The City by this Agreement represents and warrants to the Hauler that the
City has the full power and authority to execute and deliver this Agreement to the
Skid-O-Kan Haul Away Cefe I 4 s KHA4_1_1.do Page 18 of 2
Hauler and to carry out the obligations and transactions contemplated Y this
Agreement.
12.2.2. There is no claim or litigation pending or to the knowledge of the City,
threatened that questions this Agreement or that affects or may affect the
obligations and transactions contemplated by this Agreement.
12.3. Liability for Breach. It is understood and agreed that the signatories to this
Agreement are liable to each other in the manner and to the extent provided by law for any
loss or harm occasioned by the breach of any term, covenant, agreement, undertaking, or
obligation of this Agreement. This section shall survive the term of this Agreement.
ARTICLE 13. GOVERNING LAW AND ENU .
13.1. Laws of Texas Applicable. The interpretation and performance of this g reement
shall be under and controlled by the laws of the State of Texas.
13.2. Venue. The sole and exclusive forum for the initial determination of any question of
* judicial raw or fact to be determined �n any proceeding relating to this g reement shall be
any court of competent jurisdiction in Nueces County, State of Texas, including the United
States District Court for the Southern District of Texas, Corpus Christi Division.
13.3. Agreement ent Not Affected Pending Litigation. Except as otherwise specifically
provided in this Agreement, the pendency of any claim or litigation does not affect the
. g
obligations of the parties to make any payment or render any service required by this
Agreement or the rights of the parties under this Agreement.
ARTICLE 14. MISCELLANEOUS PROVISIONS.
14.1. Entire Agreement. This Agreement merges and supersedes all ne rior negotiations,
p g
representations, and agreements between the parties. This Agreement constitutes the
entire agreement between the parties to this Agreement in respect of the subject matter of
this Agreement.
14.2. Waiver. No delay in exercising or the failure to exercise of any right or remedy
■
accruing to or in favor of any party under this Agreement impairs any right or remedy or
r g
constitutes a waiver of the right or remedy. Every right and remedy given under this
Agreement or by law may be exercised from time to time and as often as may be deemed
expedient by the parties to this Agreement.
14.3. Amendments and Modifications. This Agreement may not be amended or
modified except in writing. The amendment or modification must be signed on behalf of
both parties by their duly authorized officers.
14.4. Independent Contractor. Hauler will perform the services hereunder as an
independent contractor and will furnish such services in its own manner and method, and
under no circumstances or conditions may any agent, servant, or employee of Hauler be
considered as an employee of the City.
Skid-O-Kan Haul Away Cefe F 0 KHA _1_1 .doc Page 19 f
1 . . Subcontractors.
14.5.1. Hauler may use subcontractors in connection with the work performed
under this Agreement. When using subcontractors, however, Hauler must obtain
prior written approval from the Contract Administrator.
14.5.2. In using subcontractors, Hauler is responsible for all their acts and
omissions to the same extent as if the subcontractor and its employees were
employees of Hauler.
14.5.3. All requirements of this Agreement imposed on the Hauler are applicable
to all subcontractors and their employees to the same extent as if the Hauler and
its employees had performed the services.
14.6. Successors and Assigns. This Agreement inures to the benefit of and binds the
respective successors and permitted assigns of the parties to this Agreement.
14.7. Contract Administrator. The Contract Administrator designated by the City is
responsible for approval of all phases of performance and operations under this
Agreement including deductions for nor - perform ante and authorizations for payment. All
of Hauler's notices or communications regarding this Agreement must be directed to the
Contract Administrator, who is the City's Director of Solid Waste Services.
14.8. Notices. All written notices, reports, and other documents required or permitted
under this Agreement must be in writing and are deemed to have been given when
delivered personally or deposited in the mails, postage prepaid, registered or certified mall,
return receipt requested, or by commercial overnight courier addressed to the party to
whom notice is being given at the party's address set forth below. Either party may
change its address by sending written notice that complies with this Section.
Hauler: Skid - -lean Inc.
Attn: Thomas Davis, Sr.
P. O. Box 1126
Corpus Christi, Texas 78403
City:
Director of Solid Waste Services
City of Corpus Christi
2525 Hygeia Street
P.O. Box 9277
Corpus Christi, Texas 78469.9277
14.9. F epresen atives. For billing purposes, the parties designate the following
representatives and addresses:
Hauler: Skid - 4<an Inc.
Attn: Thomas Davis, Sr.
P. O. Box 1126
Corpus Christi, Texas 78403
Skid-O-Kan Haul Away Cefe F 634 S KHA _1_t ,doc Page 20 of
City: City of Corpus Christi -- Financial Services
Accounts Receivables
1201 Leopard Street
P.O. . Box 9257
Corpus Christi, Texas 78469 -9257
14.10. Fiscal Year. All parties recognize that the continuation of any contract after the
close of any fiscal year of the City, which fiscal year ends on July 31 annually, is subject to
appropriations and budget approval providing for such contract item as an expenditure in
that budget. The City does not represent that the budget item will be actually adopted, that
determination is within the sole discretion of the City Council at the time of adoption of
each budget.
14.11. Right to Most Favorable le Acceptan e or Tipping Fees.
14.11.1. If the City enters into an agreement with any other company, erson, or
legal entity that provides solid waste hauling services or generates, disposes, or
transports solid waste to the City's landfill (or enters into a renewal, modification,
extension of any existing agreement with such a party), and the document
contains provisions for acceptance or tipping fees more favorable to the other
party than those in this Agreement, the Hauler shall have the right either to
terminate this Agreement or to amend this Agreement to contain such more
favorable terms and provisions.
14.11.2. An agreement that offers an equivalent discounted acceptance fee for a
cmmitrrent to deliver a guaranteed annual tonnage instead of all tonnage
collected within the CBCOG Region is considered comparable to this Agreement
t
if the other terms and conditions are similar to this agreement.
14.11.3. The City will not offer similar agreements to a hauler that has not had a
solid waste hauler permit for at least 12 months.
14.12. City Reserves Legislative Authority. Nothing in this contract restricts the right of
the City Council to amend the City's Code of Ordinances, including its authority to regulate,
permit, and franchise solid waste haulers operating within the City or using the City's solid
waste disposal facilities; regulate the storage, transportation, and disposal of any solid
waste generated within the City or its industrial districts; or impose taxes, surcharges,
utility fees, or other fees, including generator fees, on residents, commercial and industrial
facilities located within the City and industrial districts and customers from outside the City
who use any of the City's solid waste disposal facilities or services; and including the
setting of disposal or tipping fees at City disposal facilities within and outside the City
limits.
14.13. Further Actions. Each party agrees that it will, at its own expense, execute any
and all certificates, documents, and other instruments, and take other actions as ma y be
reasonably necessary to give effect to the terms of this Agreement.
Skid - -Ian Haul Away Cefe F 40 s k HA4_1_1.doc Page 21 of 24
14.14. Duplicate originals. This Agreement may be executed in duplicate on inals
any one of which is considered to be the original Agreement for all purposes.
14.15. Severability. In the event that any of the provisions, portions, or applications of
this Agreement are held to be unenforceable or invalid by any court of competent
jurisdiction, the City and the Hauler shall negotiate an equitable adjustment in the
provisions of this Agreement with a view toward effecting the purpose of this Agreement,
and the validity and enforceability of the remaining provisions, portions, or applications of
this Agreement are not be affected by the defect_ in the provision, portion, or application of
the Agreement that was ruled unenforceable or invalid.
14.16. Rights of Third Parties. Nothing in this Agreement is intended to confer any right
on any person other than the parties to this Agreement and their respective successors
and assigns; nor is anything in this Agreement intended to modify or discharge the
. .. fy g
obligation or liability of any third person to any party to this Agreement or give an y third
person any right of subrogation or action over or against any party to this Agreement.
14.17. Headings for Convenience. The headings in this g reement are for convenience
and reference only and in no way define or limit the scope or content of this Agreement or
in any way affect its provisions.
14.1. Publicity and Property Rights.
14.18.1. The Hauler may not advertise or otherwise use its relationship with the
City under this Agreement in any public disclosure without the prior written consent
of the City. The prohibition includes, without limitation, brochures, listings,
references, advertisements, announcements, or other release of information
concerning the existence, content or performance under this Agreement to any third
pa y. .
14.18.2. The Hauler is not permitted to photograph, film, tape or other make audio
or visual recording at, or allow any unauthorized person to enter the Landfill without
the express prior written consent of the City's Director of Solid Waste Services.
14.18.3. The Hauler may not use or permit the use of the trade or service names,
marks, or logos of the City or any of its affiliates in any manner.
14.1. Survival of Obligations. 1 otwithstandin g the expiration or the termination of this
Agreement under its terms, any duty or obligation of Hauler, which has not been fully
observed, performed, or discharged, and any right, unconditional or conditional, which has
been created for the benefit of the City, and which has not been full y enjoyed, o ed enforced � y enforced, or
satisfied (including but not limited to the duties, obligations, and rights, if any, with respect
y
to secrecy, indemnity, warranty, guaranty) shall survive the expiration or termination of this
Agreement until the duty or obligation has been fully observed, performed, or discharged
and the right has been fully enjoyed, enforced, and satisfied.
Skid - -Fan Haul Away Cefe 0KHA_1_1.docPage 22 of 24
14.20. Exclusivity of Remedies. ies. Neither party shall be liable for or obligated to pay
punitive, consequential, special, incidental, or indirect damages in connection with the
performance of this Agreement.
14.21. Sale of Hauler. In the event of a sale of the corporate stock of the Hauler or the
sale of substantially all of the assets of the Hauler to a third party, the Hauler may give
notice of early termination of this Agreement and be relieved of any further obligation to
dispose of the guaranteed annual tonnage required under Section 2.2.1 above. For such
a termination to occur, the purchaser must be a third party that is not related to or affiliated
with the Hauler or any owner of Hauler in any manner. Such notice of termination shall be
given at least 180 days in advance of the termination date. Upon such termination, the
Hauler's obligations to deliver acceptable waste and the City's obligations to accept,
process, and dispose of acceptable waste shall terminate; provided, however, that the
provisions of Article 8 and Sections 12.8, 14.18, and 14.19 shall survive the termination of
this Agreement
14.22. Termination of Prior Agreement. The parties to this Agreement are parties to a
prior Waste Disposal Agreement pertaining to the disposal of waste at the J. C. Elliott
Municipal Landfill. Upon the effective date of this Agreement, the prior Waste Disposal
Agreement shall terminate and be of no further force or effect, except for survival of the
provisions of Article 8 and Sections 12.3, 1 4.18, and 14.19 of the prior Agreement. The
City agrees to provide Hauler thirty (30) days written notice of the termination of said prior
Waste Disposal Agreement and the effective date of this Agreement.
The parties to this Agreement have caused this Agreement to be executed on the date the
City's representative executes this agreement. This Agreement is intended to take effect
as a sealed instrument.
AGREED To Y:
Skid - -Kan Inc.
Thomas Davis, Sr.
President
Date: 6/4
7
Skid-O-Kan Haul Away Cafe 340 KHA4_1_1.do Page 23 of 24
THE STATE OF TEXAS
COUNTY OF _
This instrument was acknowledged before me on 1.112.0 - - , 2007,
Thomas Davis, Sr., President, on behalf of skid - -Ka Inc., a Texas Corporation.
Notary Public
State of Texas
YY✓1__ BOG -R --
DDID°IM
CITY OF CORPUS CHRISTI
George K. Noe
City Manager
Date:
Attest:
Armando Chapa
City Secretary
Approved as to form: This day of ,2007
Elizabeth Hundley
Assistant City Attorney
for the City Attorney
THE STATE OF TEXAS
COUNTY OF NUECES 3
TAMI
MY COMPASSION EXPIRES
FEBRUARY 20. 2009
This instrument was acknowledged before me on , 2007, by
George K. Noe, City Manager of the City of Corpus Christi, a Texas Municipal Corporation,
on behalf of said corporation.
Notary Public
State of Texas
Skid-O-Kan Haul Away Cefe 3405SO HA4 1_1.doc Page 24 of 24
EXHIBIT A
EXTRACTS FROM
SITE OPERATING PLAN
CITY OF CORPUS CHRISTI
CEFE VALENZUELA LANDFILL
PERMIT
[SOP WILL BE DELIVERED UPON APPROVAL BY TCEQ]
t
EXHIBIT B
INSURANCE REQUIREMENTS
TS
Hauler Liability Insurance
A. The Hauler may not deliver any solid waste to the City's 1 's C. Elliott
Municipal Landfill under this Agreement until Hauler has obtained all
insurance required by this exhibit and the required insurance has been
approved by the City. The Hauler may not allow any subcontractor to deliver
solid waste to the Landfill until all similar insurance required of the
subcontractor has been obtained and approved.
B. The Hauler must furnish to the City's Risk Manager, 2 copies of Certificates
of Insurance, with the City named as an additional insured for all liability
policies, and a blanket waiver of subrogation on all applicable policies,
showing the following minimum coverage by insurance company(s)
acceptable to the City's Risk Manager,
TYPE OF INSURANCE
30 -Day Notice of Cancellation required on
all certificates
Commercial General Liability including:
. Commercial Form
2. Premises — Operations
3. Products/ Completed Operations
Hazard
4. Contractual Insurance
5. Broad Form Property Damage
6. Independent Contractors
7. Personal Injury
MINIMUM INSURANCE COVERAGE
Bodily Injury and Property Damage
$1,000,000 COMBINED SINGLE LIMIT
AGGREGATE LIMIT OF LIABILITY FOR
EACH POLICY PERIOD
AUTOMOBILE LIABILITY—OWNED NON-
OWNED R RENTED
WORKERS' COMPENSATION
EMPLOYERS' ERS' LIABILITY
C.
$1,000,000 COMBINED SINGLE LIMIT
WHICH COMPLIES WITH THE TEXAS
WORKERS' COMPENSATION ACT AND
PARAGRAPH 2.A. OF THIS EXHIBIT
$100,000
In the event of accidents of any kind, the Hauler must furnish the Risk
Manager with copies of all reports of such accidents at the same time that
the reports are forwarded to any other interested parties.
skid - -Kan Haul Away Cefe R63405SOKHA4_1_1.doc
2
2. ADDITIONAL REQUIREMENTS
A. The Hauler and its subcontractors must obtain workers' compensation
coverage through a licensed insurance company or through self-insurance
obtained in accordance with Texas law. If such coverage is obtained
through a licensed company, the contract for coverage must be written on a
policy and endorsements approved by the Texas Department of Insurance.
If such coverage is provided through self - insurance, then within 10 calendar
days after the date the Contract Administrator or his designee requests that
the Hauler sign the contract documents, the Hauler must provide the Risk
its authority with a copy of ts certificate of authors to self - insure its workers'
compensation coverage, as well as a letter signed by the Hauler stating that
the certificate of authority to self - insure remains in effect and is not subject to
any revocation proceeding then pending before the Texas Workers'
Compensation Commission. Further, if at any time before the expiration of
the Agreement by the City, the certificate of authority to self - insure is
revoked or is made the subject of any proceeding which could result in
g
revocation of the certificate, then the Hauler must immediately rovide
written notice of such facts to the City, by certified mail, return receipt
requested directed to Director of Solid Waste Services, City of Corpus
Christi, P.O. Box 9277, Corpus Christi, TX 78469 -9277.
Whether workers' compensation coverage is provided through a licensed
insurance company or through self - insurance, the coverage provided must
be in an amount sufficient to assure that all workers' compensation
obligations incurred by the Hauler and its subcontractors will be rom p tl y
met.
B. Certificate of Insurance:
The City of Corpus Christi must be named as an additional insured on
the liability coverage, except for the Workers' Compensation coverage and a
blanket waiver of subrogation on all applicable p olicies.
If your insurance company uses the standard ACORD form, the
cancellation clause (bottom right) must be amended by adding the
wording "changed or" between "be" and "canceled ", and deleting the words,
"endeavor to", and deleting the wording after "left ".
The name of the project, e.g., "City of Corpus Christi Solid Waste Hauler
Agreement" must be listed under "Description of p erations"
At a minimum, a 3O day writteru notice to the City's Manager of ' Risk g
change or cancellation is required.
Skid - -Can Haul Away Cefe R63405SOKHAEL1_1.doc
3
C. If the Certificate of Insurance on its face does not show on its face the
existence of the coverage required by items 1 .B.(1 )-(8), an authorized
representative of the insurance company must include a letter specifically
stating whether items 1.B.(1)-(8) are included or excluded.
kid- -Kan Haul Away Cefe R 3 0 S } HA 1.doc
4
9
AGENDA MEMORANDUM
City Council Action Pat July 17, 2007
SUBJECT: Central Library Fire Alarm System
(Project No. 4344)
AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a Job
Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of
$54,101.23 for the Central Library Fire Alarm System project.
ISSUE: The existing fire alarm system at the Central Library is out of compliance with the
current fire code. This project will replace the entire fire alarm system, including new
devices, wires and an alarm panel. The work will be scheduled at night (from 9 p.m. to 9
a.m. ) so it will not interfere with the public's use of the library.
EUNDING: Funds for this project are available from the Library Operating Budget.
F EC IVIMEI ATIO N Staff recommends approval of the motion as presented.
r
Herbert Canales
Director of Libraries
Additional Support Material:
Exhibit "A" Background Information
Exhibit "B" Location Map
Fili0MElRachellel EN\Public Facilities14344- Central Lib. Fire Alarrn Agenda Memo.cfooc
. .fir
rge F. Escobar, P.E.
L irector of Engineering Services
7
AGENDA BACKGROUND INFORMATION
M1 TIO
SUBJECT: Central Library Fire Alarm System
(Project No. 4344)
P OJECT_ ESCF I TIOI : The proposed project will replace the existing fire alarm system
at the Central Library in its entirety, including devices, wires and alarm panel. The devices
to be replaced will include smoke detector, manual pull station, monitor module, shut --off
relay, duct detector, and audible/visual alarm. This project is being coordinated with the
city's Fire Marshal.
City staff is recommending awarding the construction contract to Alpha Building
Corporation of Corpus Christi, Texas, in the amount of $54,1O1 .23.
CONSTRUCTION UCTIOI SCHEDULE: The project is to be completed within 60 days of
commencement, or in September 2007.
METHOD F CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting
technique created for facilities maintenance and construction- related services to assist with
obtaining greater contractor performance in relation to smaller projects on a cost - effective
and timely basis. The JOC Program utilizes an "on -call" general construction contractor on
an as- needed basis for an Indefinite Quantity Contract to perform minor construction,
repair, rehabilitation or alteration of facilities.
A similar contracting technique was approved by the City Council in September 2005 under
the Texas Cooperative Partnering Network (TCPN). Fire Station No. 13 and Kiwanis
Softball Field Improvements (both Bond 2004 projects) were successfully completed under
the TCPN JOC. The TCPN utilized centennial Contractor Enterprise, Inc. based out of San
Antonio.
Job order Contracting streamlines the construction procurement process by establishing
an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery
orders based on specific projects as needed. This process is extremely flexible, allowing
scope and cost to be accurately detailed BEFORE award. The following are important
benefits of using this contract method:
• Allows a better defined scope with cost for the customer.
• Construction contract award can be accomplished in less than one month,
significantly shortening the procurement time.
• Each delivery order is a stand -alone contract. Future awards will be based
specifically on the contractor's performance and the needs of the City of Corpus
Christi.
• Change Orders are minimized. The approved contractor will specifically conduct
detailed site visits and discussions with City Staff to review the requirements, work
conditions, and facility condition prior to submitting a proposal. This will significantly
reduce and/or eliminate unforeseen conditions and excessive cost growth.
EXHIBIT "A"
Pa 1 f
HAHOMBRachellekGEMPublic F ilities 344- enIraI Lib. Fire Arann Agenda eackground.cloc
on January 3, 2007, the City of Corpus Christi issued an RFP (2OO7O1 ) for JOC
contractors. This enabled the City of Corpus Christi to more effectively target local
contractors, including minority minority business enterprises and HUB contractors. It also
avoided the pass - through fees associated with the TCPN.
Six contractors submitted proposals; ho wever, one proposal was received late and was
returned unopened. After evaluation by staff and the selection committee, it was
recommended to pursue JOC contracts with two contractors:
1. Alpha Building Corporation, San Antonio, Texas with a local office at 6300
Ocean Drive, Corpus Christi, Texas, 78412, and
2. Nuway gray International Inc., 2621 Holly Road, Corpus Christi, Texas, 78415
The first project to utilize the services of Alpha Building Corporation under the JOC format
was the project to renovate the Joe Garza Recreation Center, a Bond Issue 2004 and
CDBG4unded project which was approved by the City Council on April 10, 2007.
PRIOR ADMINISTRATIVE ACTION:
1. January 3, 2007 - Distribution of Request for Qualifications (RFQ) 2007-01 Job
order Contracting.
2. Jany ry 29 2007 — Distribution ofAddendum No. 1 to the Request for Qualifications
(RFQ)No. 2007 -01 Job Order Contracting.
EXHIBIT :
Page2of2
H:IHOMEIRacheIIo\GE V\Pubric FacitiliesW344- Central Lib, Fire Alarm\Agenda Background.doc
File ; \Mproject\councilexhibits\exh4344-adwg
1H 37
1IhI;R:GkI
a
c�
5
z
*iv
LOCATION MAP
TO SCALE
LOCATION
LOCATION
LEOPARD ST.
w
CL
MESTINA ST.
cc
D
,:q
LIPAN STREET
COMANCHE ST.
n
PROJECT SITE
BLUCHER
PARK
C2°LEFILLEY
PROJECT #4344
KINNEY STREET
VICINITY MAP
NOT TO SCALE
EXHIBIT 'B'
CENTRAL LIBRARY
FIRE ALARM SYSTEM
CITY COUNCIL EXHIBIT
CITY of CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 7 of 1
DATE: 07 -03 -07
toolmiussmoolo
10
AGENDA MEMORANDUM
July 10, 2007
SUBJECT: West General Aviation Apron Rehabilitation (Project No. 10009) and Drainage
Phase V Improvements (Project 10010)
AGENDA ITEM:
Motion authorizing the City Manager, or his designee, to execute Change Order No, 1 to
the construction contract with Bay Limited of Corpus Christi, Texas in an amount not to
exceed $99,273.40 for a revised contract value of $7,540,71 1 1 for a 2 -in street overlay of
Pinson Drive and Glasson Drive at Corpus Christi International Airport.
ISSUES:
The pavement at Glasson and Pinson Drives are deteriorated and require an overlay to
avoid a future reconstruction of the sections in question. A portion of Pinson Drive was
reconstructed as part of the Corpus Christi International Airport Industrial Park, The portion
of Pinson Drive that was not reconstructed requires reconstruction. The portion of Glasson
Drive west of International Drive also requires reconstruction. The City's lease agreements
with the airlines requires any excess unencumbered funds remaining after the end of the
fiscal year be rebated to the airlines leasing space, The action will ensure needed
improvements will be made using unencumbered funds rather than allowing them to
become excess and be refunded.
The Corpus Christi International Airport West General Aviation Apron Rehabilitation and
Drainage Phase V Improvements contract with Bay includes an advantageous bid unit rate
for 2 -in overlay of hot mix asphaltic concrete pavement I-IMAC ,
FUNDING: Funding is available from Airport Capital Improvement Funds and Street
Department Operating Funds.
RECOMMENDATION: Approval of the motion as presented.
Ronald F. Massey
/03107
Angel F. Escobar, P. E. Z013
Acting Director of Aviation Director of Engineering Services
ADDITIONAL SUPPORT MATERIAL
Exhibit A. Background Information
Exhibit A -1 Previous Actions
Exhibit B. Change Order Summary
Exhibit C. Location Map
H :11 -1OME\ EVI S\ EN\ IF jestored‘2004ImprovernentskWestGAApron\COlAwdMemo.doc
Page 1 of 1
BACKGROUND INFORMATION
ADDITIONAL INFORMATION:
The proposed action will result in the overlay of 1 0,561 -S of 2 -in HMAC on Glasson
and Pinson Drives at Corpus Christi International Airport.
PROJECT DESCRIPTION:
The use a change order with Bay Ltd. on the West General Aviation Ramp will allow the
excess funds to be encumbered prior to year end. It also allows the City to take
advantage of a favorable unit rate bid price for 2 -inch HMAC overlay. The project will
result in the overlay of the portion of Pinson Drive that was not reconstructed as part of
the CCIA Industrial Park project and the portion of Glasson Drive west of International
Drive. Both of these street sections are deteriorated. Failure to proceed with the
project may result in the need to totally reconstruct the street sections at a higher cost.
The Street Department will provide level up, prime and seal coat the street in
preparation for the overlay. Bay Ltd. will provide the 2-inch overlay.
UNIT PRICE:
The change order is based on the bid price for a square yard of 2 -inch HMAC. The
price was the low price of bids received. The project will overlay 3,766 linear feet or
10,561 square yards of street pavement.
FUNDING:
FAA funds are generally not available for landside improvements at airports. The
change order will be funded from Aviation Operating Fund from locally generated
revenue. Airline leases contain a clause dictating that any excess funds left at the end
of the fiscal year be refunded to the airline. The change order ensures that funds, that
would otherwise be deemed excess, will be used for necessary maintenance rather
than being refunded to the airlines.
BOARD/COMMITTEE REVIEW: The Airport Board has reviewed the item and
recommends approval.
Exhibit A
Page 1 of 1
H :\H ME \KEVIN 1 EN\AIR_r stored\20041mprovements \West AApron\ olAwdBkgExhA.doo
PREVIOUS ACTIONS
PRIOR COUNCIL ACTIONS:
August 29_ , 200 — Motion authorizing the City Manager or his designee to execute and
engineering Contract Amendment No. 5 with PGAL of Houston, Texas in the amount of
$376,950 for the Corpus Christi International Airport West General Aviation Ramp
Rehabilitation and Airfield Drainage Phase 5 projects to provide engineering design,
surveying and construction services (M2006-272).
September 19,_ 2006 — Ordinance adopting the FY2OO6 2007 Capital Budget and
Capital Improvement Planning Guide (Ord. #02699).
June 19, 2097 —
• Resolution authorizing the City Manager or his designee to execute Amendment
No. 3 to Federal Aviation Administration Grant No. 3-48-0051-037-2005 to extend
the scope of the grant to include Runway 13/31 Rehabilitation — Phase 11, Runway
17/35 Shoulders And Blast Pads, Airport Drainage Improvements — Phase IV,
Terminal Apron, and West GA Apron at Corpus Christi International Airport
(Resolution #0273410).
• Resolution authorizing 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 to Rehabilitate West GA Apron, Phase 11, Rehabilitate Taxiway Systems,
Phase 1, and Rehabilitate Taxiway Lighting Systems, Phase 1; Improve Airport
Drainage Area VI, Phase 1 at Corpus Christi International Airport, Corpus Christi,
Texas (Resolution #027311).
• Ordinance appropriating $3,914,214 from the Federal Aviation Administration Grant
No. 3-48-0051-39-2007 in the No. 3020 Airport Capital Improvement Fund to
Rehabilitate West GA Apron, Phase 11, Rehabilitate of Taxiway Systems, Phase 1,
Improve Airport Drainage Area VI, Phase 1 and Rehabilitate Taxiway Lighting
Systems, Phase 1 at Corpus Christi International Airport, Corpus Christi, Texas ;
changing FY2O06 2007 Capital Budget adopted by Ordinance No. 026997 to
increase appropriations by $3,914,214; and Declaring an Emergency (Ord. #
027312).
• Ordinance appropriating and transferring $392,073 From 4611 Airport Capital
Reserved Fund to and appropriating in 3020A Airport Capital Reserve Fund as 5%
grant match to Rehabilitate West GA Apron Phase 11, Rehabilitate Taxiway Systems
Ph 1, Rehabilitate Taxiway Lighting Systems Phase 1 and Improve Airport Drainage
Area VI Ph 1 at CCIA; amending the FY 2006 -2007 Operating Budget adopted by
Ordinance No, 026908 to increase appropriations by $392,973 and changing the
2007 Capital budget adopted by Ordinance No 026997 to increase appropriations by
$392,073; and declaring an Emergency (Ord. #027313).
• Motion authorizing the City Manager, or his designee, to execute a construction
contract with Bay Limited of Corpus Christi, Texas in an amount not to exceed
$7,441 ,437.75 for the Corpus Christi International Airport West General Aviation
Apron Rehabilitation and Drainage Phase V Improvements (M2007-156).
• Motion authorizing the City Manager, or his designee, to execute an engineering
H: HOME\ EVIN \ EN11 IF jestoreth2004Improvernents‘WestGAAproniCOlAwdPriorActionsExhA-1.doc
Exhibit A -1
Page 1 of
materials inspection, testing and laboratory services contract with Professional
Services Industries, Inc. (PSI) of Corpus Christi, Texas in an amount not to exceed
$74,639.00 for the Corpus Christi International Airport West General Aviation Apron
Rehabilitation and Drainage Phase V Improvements (M2007 -1 .
PRIOR ADMINISTRATIVE ACTIONS:
December 19 2005 — Administrative award of a ge to hni al contract to PSI of Corpus
Christi, Texas in the amount of $3,370.00 for the Corpus Christi International Airport
West General Aviation Ramp Rehabilitation and Airfield Drainage Phase 5 projects.
Exhibit A -1
Page 2 of 2
H: \H ME\ EVIL 1 E IAI _restored\ OO Improver nts \Wet AApron1 .cloc
DEPARTMENT OF ENGINEERING SERVICES
CHANGE ORDER SUMMARY SHEET
JULY 10, 2007
PROJECT: CORPUS CHRISTI INTERNATIONAL AIRPORT WEST GENERAL
AVIATION APRON REHABILITATION AND DRAINAGE PHASE
IMPROVEMENTS PROJECTS
Project No. 10009 and 10010
APPROVED: COUNCIL MOTION 2007-156
APPROVED 06/19/2007
CONTRACTOR: Bay Ltd.
401 Corn Products Road
Corpus Christi, TX 78409
TOTAL CONTRACT AMOUNT $7,441 ,437.75
25% Limit Amount 1,860,359.44
Change Order No. 1 (07/10/07) 99 273.40
Total $99,273.40 = 1.33% < 25%
Exhibit B�
Page 1 of
File : \Mproject\councilexhibits\exh10009,10010.dw
F.M. 624
RIVER
San Porno County
NIECES BAY
CORPUS
CHRISTI
BAY
PROJECT LOCATION
1000 INTERNATIONAL DRIVE
CORPUS CHRISTI, TEXAS
LOCATION MAP
NOT TO SCALE
CCIA WEST GENERAL AVIATION APRON
REHABILITATION AND DRAINAGE PHASE V
IMPROVEMENTS PROJECTS
art COUNCIL EXHIBIT
CITY of CORPUS CHRISTI, TEXAS
DEPARTMENT OF ENGINEERING SERVICES
PAGE: 1 of 1
DATE: 06-28 -2007
11
CITY COUNCIL
AGENDA MEMORANDUM
July 17, 2007
AGENDA ITEM: Ordinance abandoning and vacating a 4,551.20-square foot portion of a
10-foot wide utility easement out of Lots 1-9, and Lots 37-40, Block 4, Flour Bluff Center,
between Central Street and Donnell Street; requiring the owner, Hooten Family Trust, to
comply with the specified conditions; and declaring an emergency.
ISSUE: The easement closure is being requested in order to allow for the future
development of a hardware store over the existing utility easements.
REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and
vacate any portion of an easement.
IMPLEMENTATION SCHEDULE: Upon approval Council and publication of the
ordinance, all grants of easement closures must be recorded in the real property Map
Records of Nueces County, Texas. Prior to the issuance of a building permit, an up-to-
date survey, abstracted for all easements and items of record, must be submitted to the
Director of Development Services. These requirements are in compliance with Ordinance
No. 025816, approved 7-13-04.
RECOMMENDATION: Staff recommends approval of the ordinance as presented on an
emergency basis.
Attachments:
Exhibit A - Background Information
Exhibit B — Ordinance Request
Exhibit C - Site Location Map
E
Debbie Marro uin,
Interim Director of � E
lopment Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
PURPOSE OF CLOSURE AND BACKGROUND:
The 1 ooten Family Trust (Owners), are requesting the abandonment and vacating
4,551.20-square foot portion of a 10 -foot wide utility easement out of Lots 1 -9, and Lots 37-
40, Block 4, Flour Bluff Ce ter, located between Central street and Jonnell Street, in order
to facilitate the construction of an Ace Hardware store over the existing utility easement.
The easement to be abandoned and vacated is located in a "B-3" zoned Business District.
All public and franchised utilities were contacted. The City Gas Department has an existing
2" wrapped steel gas main located within a portion of the easement proposed for closure.
The Gas Department is requiring that an alternate utility easement be dedicated and that
the gas line be relocated at Owner's expense. AEP has existing overhead facilities within a
portion of the easement proposed for closure and will seek reimbursement from the Owner,
if adjustments to their facilities are determined necessary. AT &T has existing facilities
within a portion of the easement proposed for closure and will seek reimbursement from
the Owner, if adjustments to their facilities are determined necessary. No other city
departments or franchised utility companies had any objections to abandoning these
portions of utility easements.
Staff recommends the Owner pay the fair market value of $ 3,92 .00 for the abandonment
and vacation of a 4,551 .20 - square foot portion of the 10-foot wide utility easement. The
Owner has been advised of and concurs with the conditions of the easement abandonment
and vacation.
EXHIBIT A
Page 1 of 3
AN ORDINANCE
ABANDONING AND VACATING A 4,551.20- S4UARE FOOT PORTION
OF A 10 -FOOT WIDE UTILITY EASEMENT OUT OF LOTS 1 -9 AND
LOTS 37-40, BLOCK 4, FLOUR BLUFF CENTER, BETWEEN
CENTRAL STREET AND JONNELL STREET; REQUIRING THE
OWNER, HOOTEN FAMILY TRUST, TO COMPLY WITH THE
SPECIFIED CONDITIONS; AND DECLARING AN EMERGENCY
WHEREAS, Hooten Family Trust (Owner), is requesting the abandonment and vacating
of a 4,551.20-square foot portion of a 10-foot wide utility easement out of Lots 1 -9 and
Lots 37-40, Block 4, Flour Bluff Center, which is located between Central Street and
Donnell Street, in order to allow for the future development of a hardware store over the
existing utility easements. The easement to be abandoned and vacated is located in a
"B -3 " Business District; and
WHEREAS, AS, it has been determined that it is feasible and advantageous to the City of
Corpus Christi to abandon and vacate said portion of the utility easement, subject to the
provisions below. (Exhibit)
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI, TEXAS, THAT:
SECTION 1. That a 4,551.20-square foot portion of a 10-foot wide utility easement out
of Lots 1-9 and Lots 37-40, Block 4, Flour Bluff Center, as recorded in Volume 8, Page
41 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to
Owner's compliance with the conditi
Page 2 of 3
5) Owner must comply with ail the specified conditions of the ordinance within
180 days of Council approval.
6) Upon approval Council and publication of the ordinance, all grants of
easement closures must be recorded in the real property Map Records of
Nueces County, Texas. Prior to the issuance of a building permit, an up -to--
date survey, abstracted for all easements and items of record, must be
submitted to the Director of Development Services.
SECTION 3. That upon written request of the Mayor or five council members, copy
attached, the City Council finds and declares an emergency due to the need for
immediate action necessary for the efficient and effective administration of City affairs
and suspends • the Charter rule that requires consideration of and voting upon
ordinances at two regular meetings so that this ordinance is passed and shall take
effect upon first reading as an emergency this the 17th day of July, 200 7.
ATTEST: CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: July 11, 200 7.
.Liw�uuY3init�
Gary W. mit
h
Assistant City Attorney
For City Attorney
HALEG-DIRISharethGaryS‘agenda‘200717-171ORD-abandon-vacate-Hooten-FBCenter-UtilEasernentdoc
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: Uwe, therefore, request that you
suspend said Charter rule and pass this ordinance finally on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, Respectfully,
Henry Garrett
Mayor
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel'
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael M Cut hon
H;1LEG- IR\SharedlGary \agenda\ OO7\7 -171 RD- abandon - vacate -Noot n. F enter l til se m nt.do
•y
b'
p4 3 Site
f y
I-I' i tC2
-_-, w
1 I 6
.
Li 1
I •
'
I
›- I get!
oM 'NEILL
X
:P TON
•
g SEC RITY
v)
z
•
•
u I 4 ■ P4 bit41
4 , • !JNET r I I ` Dry•'
South
K1 :1E
sVA
4
BOCKE (en-0,
‘%.
so'
LOCATION MAP Nit S
South Padre Island Drive
R.o.w. vow
,iimmue■MMINION■ _ ____-mi7.1111.11111111111111.11
Lot 6.
Block 4
Point of Be
r
I.
3 '
Lot i Lot 4. ` Lot 3, Lot 2. " . Lot 1.
Block 4 Block 4 i Bock 4 Block 4= Block 4
S60•581001 2851
6018'00- W 137.56'
Lot 7, Block 4
Flour Bluff Center
Vol. 8, P 41,
. . ■y� . CT.
Lot s, Block 4
°° Flour Bluff Center
of 41
H ^m 1 --- — I +a.m.,
• Lot . Block 4
Flour Bluff Center
Ca
Vol B, Pg 41.
CRAP-
o'
Lot 10, Block 4
Flour Bluff Center
Vol. B, Pg. 41.
M.R.N.C.T.
Lot 11. Block 4
Flour Bluff Center
Vol. B, Pg. 41.
Exhibit B
L5
Io'
nal
OEM
EMI
L4
BEARING
X29'02•00 E
IFEMI
529'02'00
N60158
N29 02 r aE
10
DISTANCE
10.00'
10.00'
5.00
50.00'
5.00'
2
ego
N613•5810011W 137.56
Lot 40, Block 4
Flour Bluff Center
Vol. 8, Pg. .
I .ft.N.C.T.
Lot 3, Block 4
Flour Bluff Center
Vol. 8, Pg. 41
M.R.N.C.T.
01
L •
Lot 3# Block 4 ci
Flour Bluff Center
Vol. B,P.41, Al
. .N.C. T.
Lot 37. Block
Flour Bluff Center
Vol. 8, Pg. 41
..s.#
4.45 I
41
tii
ID
c
c
y
1
•
Lot 36. Block 4
Flour Bluff Center
Vol, 8, Pg. 41.
M.1.H.0 T.
Map to Arco • an
iELDN T S for on eosernent closure out of Lots 1 thru
9 and Lots 37 thru 40. Block 4, Flour Bluff Center, o
map of which is recorded in Volume B. Pages 41, Mop
Records of Nueces Count y. Texas,
DATE: APR. 25 2007
SCALE: 111=60'
OW NO.: 4ostehooso2
URBAN
ENGINEERING
SW =WM CMS ORM =a MOS
POSS-.111, ! P,A4-71
EXHIBIT C
12
AGENDA MEMORANDUM
PUBLIC HEARING — ZONING (City Council Action Date: 07/17/07)
Case No. 0607-02 Renato A. DePaolis: A change of zoning from a "R-11340" One- family Dwelling
District with the Island Overlay to a "B -2I" Bayfront Business District section E, � ct with the Island Overlay Padre
, Block 1, Lot 5, located on Aruba Drive, approximately 500 feet south of
Drive. Running Light
Planning Commission & Staffs Recommendation (June 13, 2007
"B-2/I0" � Approval of the
" " Bayfront Business District with the Island Overlay.
&guest Council Action: Approval of the "B-2/10" Ba y front Business
District with the Island Overlay.
Sumrr a
• Request: The applicant is requesting a change of zoning from "R-11:00"
District with the Island One-Family Dwelling
Bland Overlay to the "B -2110" Bayfront Business District with the Island the development of d Overlay
p multi-family residential complex and a commercial marina facility. The
applicant requested a zoning change for Phase �
a g ; g i 1 (Case o o7- - Block I, Lots 6, 7, and from
R -1 B10 One - Family Dwelling District with the Island Overlay to the " "
Business District with the e B -ZI Bayfront
Island Overlay. It was approved by City Council on May 29, 2007. The
applicant also requested a zoning change for Bloch
�� 1, Lot 1 through (Case 007-0 from
"R-113/I0" one - Family Dwelling District with the Island Overlay to the " "
Business District with the e B -ZI Bayfront
Island Overlay. City Council approved this case on June 12, 2007.
• Existing Land Uses: The subject property is currently vacant with approximately tely 1 feet of water
frontage along Lake Padre. The owner of the subject roe has recently acquired to subject property � tl acquired vacant Lots 6, 7
the north and vacant Lots 1 through south of the subject property Lots 1-8 into -� p p �' and is planning to
develop o an overall multi- family and marina project. Lots 6, 7, and 8 were
recommended approval by Planning Commission on April 18, 2007, and approved
on May 2 2007, from � p by City Council
y o a "R-1B/I0" One - Family Dwelling District to "B-2/I0" Ba front Business
District. Lots 1 through were recommended approval y
pp oval by Planning Commission on May 2, 2007,
from a "R-113/I0" One-Family Dwelling District to a "B -2110" Bayfront y ont Business District and
approved by City Council on June 12, 2007 The property is bordered on the west has s � p � est by Lake Padre
several condominium developments to the east across Aruba Drive.
• Utilities: Water and Wastewater service is available to the property.
• Transportation: Access to the subject property is provided by Aruba Drive, p y rive, a local street and
Leeward Drive, which is a collector.
• Annexation: Padre Island Subdivision, Section E, was annexed in 1989 and `
the subject property
was designated as an "R-1B" One-Family Dwelling zoning district. At the annexation, time of nnt�n the
��,1 B�� District was assigned to annexed property '
p � as a method to control high density development
until owners of such property are prepared to submit a change of zoning that development plans. g g at will accommodate their
p ans. Such proposed development plans are reviewed with staff as to compatible
land use adjacency, the comprehensive plan recommendations, p
p at�ons, fut�xre road construction, and
available infrastructure.
Agenda Memorandum
Case No 0607-02 (Renato A. Depaolis 11)
Page 2
• Comprehensive Plan/ Future Land Use: The future land map recommen ds a mixed tourist use for
the subject property and surrounding area The applicant's proposed use is consistent with the
definition of mixed tourist use from the Mustang -Padre Island Area Development Plan (See Policy
Statement B.10 below).
POLICY STATEMENT B.1O
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 U zoning district or other equivalent zoning category.
B) Mixed use /tourist — 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, and
ancillary commercial uses.
Notification: Of the twenty -three (23) notices mailed to the surrounding property owners, four were
returned in favor and zero (0) 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 he 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 voting.
CuLtio
Deborah A. li arro q u i n, P.E.
Interim Director of Development ervices
D INGM blp
Attachments: Zoning Report
Planning Commission Minutes (tune 13, 00
t -[:\PL - DIRISHA ED\Beverlyl 7 \June107 \0607 - 2 A EI DAMEM .doc
PIM/Project Manager
Sr.CP /CP
Planning Director
CITY COUNCIL
ZONING REPORT
Case No.: 0607 -02
City Council Hearing Date: July 17, 2007
ad 0
2
la 11 .4.1
CS Cld
SI 14 Cli a
4t ICI
Applicant: Renato DePaolis
Owner: Sane as above
Agent: Renato DePaolis
Legal Description Location: Padre Island Section E, Block 1, Lot 5, located on Aruba Drive,
approximately 500 feet south of Running Light Drive.
to i'g
cu
• -
N q
From: "R-113/I0" One- Family Dwelling District with the Island Overlay
To: "B -2I" Bayfront Business District with the Island Overlay
Area: 0.3 acres
Purpose of Request: To allow for residential and commercial uses on the water front lots.
v
es
. 0
ci
es
1:4) a
. 9
0
N
to
sill
ol
W
Zoning
Site "R-113/I0" One - Family Dwelling Vacant
District /Island Overlay
North " -2I" Bayfront Business Vacant
District /Island Overlay
South "B -2I" Bayfront Business Vacant
District Island Overlay
East "A-T" Apartment Tourist District Multi-family
/Island Overlay
West "B -2A" Barrier Island Business Water
District/Island Overlay
1 Existing Land Use
Mix
Mixed Use Tourism
Future Land Use
ed Use Tourism - - -
Mixed Use Tourism
ad
04 0
To'.
067 .,S
i<
Mixed Use Tourism
Mixed Use Tourism
Water
Area Development Plan: Mustang- Padre Island ADP. The proposed development is
consistent with the future land use map that supports mixed use tourism for the
subject property.
Map No.: 028026
Zoning Violations: None
Zoning Report
Case No. 0607-02 (Renato DePaolis)
Page 3
Stab's Summary (cont.)
POLICY STATEMENT B.10
The designation of "Mixed Use" in the Future Land Use Plan expresses the City's desire to
mix residential and non- residential uses, Development objectives for the Mixed Use categories
are to incorporate the latest design innovations, the highest quality construction, integrated land
uses, a safe and efficient transportation network, and pedestrian and bicycle amenities. A "Mixed
Use" area should be developed using a Planned Unit Development (PUD) zoning district or other
equivalent zoning category.
B) Mixed use /tourist — 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, and ancillary commercial uses.
▪ " Street Type Paved Section - -i volume (200!)
. Aruba Drive Local 0 ROW wl Bk to Bk I NA
▪ z
The subject property is platted.
-4
E
tu cm)
The proposed marina and multi- family uses are consistent with the future land use map and
policies prescribed by the Mustang -Padre Island Area Development Plan.
The applicant requested a zoning change for Phase 1 of this project and it was approved by
City Council on May 29, 2007 (Case 0407-08 - Block 1, Lots 6, 7, and 8).
The applicant has also requested a zoning change for Block 1, Lots 1 through 4
(Case 0507-06) from "R-113/I0" One - Family Dwelling District with the Island Overlay to the
"B-2/I0" Bayfront Business District with the Island Overlay. This public hearing for this
case was approved on June 12, 2007 by City Council.
Approval of the "B-2/10" Bayfront Business District with Island Overlay.
Zoning Report
Case No. 0607-0 (Renato DePaolis)
Page 4
0 Wol
0 on 13
iM.�.,
40
Approval of the "B-2/I0" a fr n Business District it Island v rl Y .
m
E .r,
Number of Notices Mailed — 23
Favor
Opposition -
(As ofiuly 3, 2007)
Attachments:
Zoning Map
Ownership Map
Ownership List
Comments received from Public Notices mailed
H;1PLN -DIR \SHARED\ v r1 12 7 P I I RPTS\june\ Reports\0607-02 Renato De Pali .dn
‘ig14711.1
g0F341ffg7
EniMEE
B -2A /10
a�rs.ss ..r�
City Council Approved #
ORTOFINO
DRE ISLAND
ADRE ISLAND SEC H UNIT
LA CASA D
PAD
LEE E RD
SL MA
E ISLAND SEC
TRACT A -1
TRACT B -1
CE CONDO
NOTICE
CASE # 0607-02
0 100 200
A -1
A- 1A
A -2
AB
AT
8-1
B-1A
B-2
B-2A
B-3
B-4
B-5
B-6
BD
F -R
HC
ZONING
Apartment House District
Apartment House District
Apartment House District
Professional Office District
Apartment- Tourist District
Neighborhood Business Distct
Neighborhood Business District
Bayirorrt Business District
Barrier Island Business District
Business District
General Business District
Phmary Business District
Primary Business Core District
Corpus Christi Reach Design Dist.
Farm Rural District
Historical-Cultural Landmark
$ -1
t -2
1 -3
Pi-ID
R -1A
R -1B
R -1C
R-2
RA
RE
R -TH
P
T- IA
T -16
T -1C
Preservation
Prepares Sy; 5R R
Protirq DOW; 7 r 2037
Pr nor sower_
obi of Corks Orv+lapereat Sn+na s
Fir_ H A.Lt+ tti; +Ca .COHRIG CASE 0e37-02 +rre
Limited Industrial Distract
Light Industrial District
Heavy Industrial District
Planned Unit Development
One Family Dwelling District
One Family Dwelling District
One Family Dwelling District
Multiple Dwelling District
One Family Dwelling District
Residential Estate District
Townhouse Dwelling Distract
Special Permit
Travel Trailer Paris Distract
Manufactured Home Paris District
Manufactured Home Subd`vsion
District
SUBJECT PARCEL
City Council Approved
82/10 on 5/29/07
Case No. 0407-08 • '
Owners within 200 feet listed
on attached ownership table
O
g
1 Pit
All a
Igil
igm
I
l
3
Nggil
k
Mai
zm
00
rn
thm
P.
at
0
. e,a r►) • ■LJ P+s 0
g
igqrz a
QW5iMq!10mi
4-84w p208A
Apr
P14
Z5
z
0
S3
05!!! QMO
OO 0n
%Mil
mEarq -I-4
eia 3wrilsvoo etc
!MN O
PR;Rin
5,rAVW g
Wi611,31
i
ii Y+
▪ m
i 4
n
R
O 501 §E
?A or
cm
mm
.0 osa
1
0
rrl
g g g g g
mn
00 00 hIIh
0 000c00 0 000 0
fnmmmmrn mrn mgnmc mm
�rrrrrfir �rr�rr`
0
r
Lalhig ENIM
8
iagkggh“„)g
c
0
z
rn
0
I
Pirn
0
z
COMMENTS RECEIVED
FROM PUBLIC NOTICES MAILED
Case No. 0607 -02
Renato A. DePaolis II
Circled =FAVOR X = OPPOSED
{Note: The number(s) next to name corresponds to the attached map.)
Total number mailed: Twenty -three {23}
Returned undeliverable: Four (4)
I. Notices returned from within the 200 -foot notification area:
Favor: 4
#5, (6.21 %), John & Susan Muldoon, 2313 Spindrift Rd., Virginia
Beach, VA 23451 (No comments)
#1, 12 and 13, Buccaneer Land Co., Inc., 633 Everhart, 78411
(4.78 %, 7.0 %, and 4.83% respectively)
J. Mark Morales: "This would support similar zoning and contiguous
property that I wish to develop."
Gary Cadena: "Any positive action for development would help. The
beach issue put the brakes on Island real restate."
Tim Lawson: "Please allow some development. This island is
flailing since the beach access issue."
imposition: 0
H. Responses received from outside the 200 -foot notification area:
Favor: 0
Opposition: 0
III. Responses received from owners /applicants of subject area:
Favor: 4 — See comments under #1 above
Qp.osition: 0
H:IPL -DIR\ H RED\Beverly1 O07 P 1PUBLI MME TS10 7 -O .d0
MINUTES
REGULAR PLANNING COMMISSION MEETING
Council Chambers- City Hall
Wednesday — June 13, 2007
5 :30 P.M.
COMMISSIONERS PRESENT:
Chairman Bryan Stone
Rudy Garza, Vice Chairman
Fred Braselton
Atilano J. Huerta *Arrived at 5:38 pm
Evon J. Kelly
Johnny R .Martinez
James Skrobarczyk
COMMISSIONERS ABSENT:
Michael Pusley
John C. Tamez
STAFF:
Johnny Perales, PE, Interim Deputy Director of
Development Services /Special Services
Faryce Goode - Macon, Interim Assistant Director
of Development ServiceslPlanning
Miguel S. Saldafia, AICP, Senior Planner
Chip Baish, Project Manager
Mic Raasch, AICP, City Planner
Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
Wendy Ogden, Assistant City Attorney
Beverly Lang-Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espafiol a
ingles en la junta para ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5 :30 p.m.
IV. ZONING
I.
New Zoning
a. Case No. 0607-02 - Renato A. DePaolis II: A change of zoning from a
"R-113/10" One -f mily Dwelling District with the Island Overlay to
a "B-2/I0" Bayfront Business District with the Island Overlay
Padre Island Section E, Block 1, Lot 5, located on Aruba Drive,
approximately 500 feet south of Running Light Drive.
Planning Commission Minutes
June 13, 2007
Page 2
Faryce Goode -Macon presented the case via a Power Point presentation stating the
applicant is requesting a change of zoning from "R-113/I0" One-Family Dwellin District
with the Island Overlay to a " -2I" Bayfront Business District with the Island Overlay for
the development of a multi- family residential complex and a commercial marina facility. Ms.
Goode -Macon reminded the Commission that the applicant has already y requested a zoning
change for Block 1, Lots 6, 7, and 8 (Case No. 0407-08, Phase I from "R413/I0" One-
Family Dwelling District with the Island Overlay to the " -2 ID" a y front Business Distri
Page 1 of 3
AN ORDINANCE
AMENDING THE ZONING ORD1NANCE, UPON APPLICATION
BY RENATO DEPAOLIS, BY CHANGING THE ZONING MAP IN
REFERENCE TO PADRE ISLAND SECTION E, BLOCK 1, LOT 5,
FROM "R -I BM" ONE-FAMILY DWELLING DISTRICT WITH THE
ISLAND OVERLAY TO "E -2/10" BAYFRONT BUSINESS DISTRICT
WITH THE 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 p li ation of Renato DePaolis# for amendment to the
City of Corpus Christi Zoning Ordinance and Zoni
Page 2 of 3
SECTION . 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 17th day of July, 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett
City Secretary Mayor, City of Corpus Christi
APPROVED: July 11, 2007
ht.,'
Gary Ild. Smith
Assistant City Attorney
For City Attorney
H: LE -DIR Shared\ ary lagendal2 717 -17\OR - oningO 07 #O2F enatoDePao#is.doo
Page 3 of 3
Corpus Christi, Texas
day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
forth in the emergency clause of the foregoing ordinance, an
For the reasons set �
emergency exists requiring ' ' suspension of the charter rule as to consideration and
voting upon ordinances at two
regular meetings. we, therefore, request that you
suspend said Charter rule and ss this ordinance
final! y on the date it is introduced, or
at the present meeting of the City Council.
Respectfully, ectuli 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 Hummelt
Bill Kelly
Priscilla a. Leal 1..�..
John E. fare - --
Nelda Martinez. _
Michael McCutchon , -- - --
H LE - DIRIShar dl aryMagenda120o717 -'l71 FAD - ning060 - 2 tenetoD Paoli .do0
13
AGENDA MEMORANDUM
PUBLIC HEARING — TEXT AMENDMENT (City Council Action Date: July 17, 2007)
a) Public hearing to consider a text amendment to Article 7. "It-2' Multiple Dwelling District
Regulations," Section 7 -1 of the Zoning Ordinance, to allow a minimum of two -unit
townhouse structures withi
Text Amendment: '`R -2" Multiple Dwelling District
Page 2
Text Amendment:
The text amendment to allow a minimum of two-unit townhouses to the preamble section
Article 7. "R-2" Multiple Dwelling District Regulations of the Zoning Ordinance regarding
Section 74 , shall read as follows with such changes underlined:
Section 7 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance
when referred to in this article, are the regulations in the "R-2" Multiple Dwelling District.
The purpose of this district is to maintain a generally spacious residential environment but at
the same time permit a variety of housing types. Population density and height of buildings are
low enough to be compatible with neighboring single - family development. Permitted
community facilities are the same as for the one - family districts. A minimum of two -unit
townhouse structures is Dermitted_pelatted nopertv nrovided each townhouse unit is
in compliance with the current building code.
Sincerely,
Debbie Marro luir , P
Interim Director of Dev lopment Services
l M FGM sm
Attachments:
1) Lot/Townhouse Layout with Individual Lots
2) General Lot/Townhouse Layout with Common Areas
3) Planning Commission Minutes (6/13/2007)
4) Ordinance
SrCP /CP
Planning Director— 011k4A,44,--
H: \PL 1 -DIRI HARED\GAIL \WORD \Te tArt endrnent \R2 Multiple Dwelling Text Arnendment\R-2 Multiple Dwelling
Agenda Mno.oc
M
5.
_
3
c
5 3
R i • CO
f co
c co
0) o
Ts (D
Crit a
C
co
0
M
5.
_ i
3
c
5 3
ci N.)
Z co
6:
c a
CO 0
if
CD la
C
0
0
CD
0 (p
-1
20 * i 1 i 3
e . I . --1 ' r-
0
ca. —I
R- o
a- *
c =3
0) o
oQ
c
o �rn
cn
CD r-
a ea
k<
0
c
uo S4!Ufl peqoee £ WflW!U!IAJ
uo S!Ufl p9q3e448 Z WflW!U!L(%J
UJ
CD
c C CD
(74
F13
0 0
3
3
o �
� o
-0D�
al Fa cD(/)
cn r
rD
‘i<
0
MINUTES
AS AMENDED
REGULAR PLANNING COMMISSION METING
Council Chambers- City Hall
Wednesday — June 13, 2007
5 :30 P.M.
COMMISSIONERS PRESENT:
Chairman Bryan Stone
Rudy Garza, Vice Chairman
Fred Braselton
Atilano J. Huerta *Arrived at 5:38 pm
Evon J. Kelly
Johnny R. Martinez
James Skrobarczyk
COMMISSIONERS ABSENT:
Michael Pusley
John C. Tamez
STAFF:
Johnny Perales, PE, Interim Deputy Director of
Development Services
Faryce Goode-Macon, Interim Assistant Director
of Development Services Plan ning
Miguel S. Saldatla, AICP, Senior Planner
Chip Baish, Project Manager
Mic Raasch, AICP, City Planner
Wes Vardeman, City Planner
Gary Smith, Assistant City Attorney
Wendy Ogden, Assistant City Attorney
Beverly Lang - Priestley, Recording Secretary
Si usted quiere dirigirse a la comision y su in i s es limitado, ha bra un interprete � nterprete de espariol
ingles en la junta pars ayudarle
I. CALL TO ORDER
A quorum was declared and the meeting was called to order at 5:30 .m.
v. PUBLIC HEARING —"R-2" MULTIPLE DWELLING TEXT MIENDMENT
(Tabled from May 30, 2007)
Ms. Goode -Macon presented the amendment, stating that the townhouse
. g amendment
was presented to Planning Commission by staff on May 30, 2007. Ms. Goode -
con stated
that during the public hearing process, modifications to the amendment
were proposed by the
Planning Commission for further review by staff and that the text amendment was tabled until
today, the June 13, 2007 Planning Commission hearing.
In review, Ms. Goode -Macon stated that the proposed text amendment is to allow ov for a
minimum of two -unit townhouse structures on platted property. The tow house units units would
provide adequate individual access and utility connections to each unit during construction onstruct�on or
Planning Commission Minutes
June 13, 2007
Page 2
conversion from a duplex use, per the International Building Code (113C) requirements.
Townhouses can typically be sold as individual units with a pad site and common area or as an
adjoining unit on a separate lot. Ms. Goode -Macon stated that the original wording of the
J p
amendment restricted the size of the lot to one acre or larger in order for a two-unit townhouse
to comply. At the suggestion of the Planning Commission and re- evaluated by the Planning
Department, Ms. Goode -Macon stated that the one -acre requirement has been removed from
the amendment and staff recommends approval.
Public hearing was opened.
Nobody came forward in support or in opposition.
Public hearing was closed.
Commissioner Garza stated this was a great move, enabling redevelopment of infill lots
in the downtown area that would have otherwise been left out.
Commissioner Huerta motioned for approval of staff recommendation and was
seconded by Commissioner Kelly. Motion passed unanimously with Commissioner Pusley and
Commissioner Tamez being absent.
-I: PLI -DI \SHA1 ED\ AIL\ RD\TE TAMENDMENTr SMALL LOT TEXT AMEND MAY 07\06-13-07MINUTESDOC
Page 1 of 3
AN ORDINANCE
AMENDING ARTICLE . 7 "R-2' MULTIPLE DWELLING
+STRICT NCE, TO
REGULATIONS," SECTION 7 -1 OF THE CONING ORDINANCE, A MINIMUM OF TWO-UNIT TOWNHOUSE STRLJCTURES A SINGLE PLATTED LOT; PROVIDING FOR SEVERgNCE; pR WITHIN PENALTY CLAUSE; PROVIDING FOR PUBLICATION; AND DECLARING
A
AN EMERGENCY
GLARING
WHEREAS, with proper notice to the public, public hearings were 30, 2007 and on June 13, 2007, during meetings of the Planning held on Wednesday,
on Tuesday, July 17, 2007, during meetings of the City Council in the Council
Chambers, at City Hall, in the City of Corpus' Christi, n���g Commission, and
were allowed to appear and be heard; ist +� during which all interested persons
WHEREAS, the Planning Commission has forwarded to the Ci
recommendations concerning the proposed text amenment to
Christi Zoning Ordinance; and d the City tY Coil its repors and
of Corpus
WHEREAS, the City Council has determined that this ordinance
the general welfare would best serve
Christi and its citizens.
public health, necessity, and convenience and t of the City of Corpus
NOW, THEREFORE, BE IT ORDAINED BYTHE CITY COUNC
CORPUS CHRISTI, TEXAS: !L OF THE CITY OF
SECTION 1, Articje 7 "7?-2! Multiple Dwelling District ReguJatj» Zoning Ordinance is amended to read as follows: Section 7 -1 of the
"Sec. 7-1.
The regulations set forth in this article, or set forth elsewhere when referred to in this article, are the regulations in Dwelling District. The purpose riere in this
n the "R -2"
generally spacious residential environment but +atthe same time maintain a
variety of housing types. Population density and height of buildings permit a
enough to be compatible with neighboring single - family develo Permitted communiy facilities are the same as fo are tow
A minimum of two-unit townhouse structures is {�.e one-family districts.
• ro • e � rovided each townhouse unit is in com•lian Hance we h the current
buildin code as amended." ent
H:1LE- DI1hared1arSlagenda100
71 -1 loraf- 7`onhouse within single ��
� tl.do
Page 2 of
SECTION . If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION 3. A violation of this ordinance or requirements implemented under this
ordinance constitutes an offense punishable under Section of the City Code of
ordinances.
SECTION 4. Publication shalt be made in the official publication of the City of Corpus
Christi as required by the City Charter of the City of Corpus Christi.
SECTION 5. 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 17th day of July, 2007.
ATTEST:
CITY OF CORPUS CHRISTI
Armando Chapa Henry Garrett.
Mayor, City of Corpus Christi
City Secretary
APPROVED: ED: July 11, 2007
Gry .. Smith
Assistant City Attorney
For City Attorney
H.ILE -i' I \Shan d1 ary •a ends\ 07\7 17\ rd -To nh U e within single fot1 +d
Page3of3
Corpus Christi, Texas
day of , 2007
TO THE MEMBERS OF THE CITY COUNCIL
Corpus Christi, Texas
For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency
exists requiring suspension of the Charter rule as to consideration and voting upon ordinances
at two regular meetings. Uwe, therefore, request that you suspend said Charter rule and pass
this ordinance finally on the date it is introduced, or at the present meeting of the City Council.
Respectfully, . Respectfully,
Henry Garrett
Mayor, City of Corpus Christi
Council Members
The above ordinance was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Eii ondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
H.1LE -DIF I haredlGary 1a enda120 17 -1 I rd- Townhouses within single loll idoc
14
CITYCOUNCIL
AGENDA MEMORANDUM
PRESENTATION
AGENDA ITEM: Texas A & M University — Corpus Christi Expansion Project
STAFF PRESENTER(S):
Name TitlelPosjtjon
George K. Noe City Manager
2.
OUTSIDE PRESENTER(S):
Name
Dr. Flavius C. Killebrew
2.
De • artment
Title/Posjtjon Or anization
President Texas A &M University -
Corpus Christi
REQUIRED COUNCIL ACTION: None.
e•T• e K. Noe
City Manager
PowerPoint presentation
Supplemental information
Texas A &M Corpus Christi
Expansion Project Update
City Council Presentation
July 17, 2007
Background
• TAMUCC Officials have expressed
concern for future growth as current site
reaches capacity
• Council Goal of 2006 -07 Included Support
for TAMUCC Expansion
• Alternative approaches for expansion were
discussed between University and Staff
• Proposal for expansion on City property
near Ward Island
1
Proposals
• January — Presentation on proposal to
utilize property adjacent to Oso WWTP
and Oso Beach GoIf Course
• March — Alternative proposal for use of
South Guth Park property in lieu of golf
course
South Guth Park Expansion Option
• Site is approximately 156 acres
• Current use of park site is 3 leagues with
lease from city (National, Pony, Kickball)
• Proposal assumes that alternative facility
will be provided to leagues prior to use by
TAMUCC
2
1
1
TAMUCC Presentation on
South Guth Park Option
Dr. Flavius Killebrew, President
3
Alternative Park Facilities
• Staff has been working with the leagues on
alternatives
• 37 acre site on John PauI Jones has been
identified which can accommodate the three
leagues including expansion plans
• Site is on future extension of Oso Parkway
• Estimated cost of acquisition and construction is
$7.5 million
• Less than estimated cost of new golf course of
$11.2 million
Future Actions
1
• If Council concurs, Resolution on August 22
authorizing staff to proceed with process on
requirements for park transfer, negotiation of
agreements with Texas A &M System
• Adoption of agreement with A &M System in late
September
• A &M System Board formally approves in
December
• TAMUCC begins master planning process
• Lease -back to City to preserve use until leagues
are relocated
4
15
AGENDA MEMORANDUM
DATE: July 17, 2007
SUBJECT: Cimarron Boulevard Street Improvements
Phase 1 from Saratoga Boulevard to Yorktown Boulevard (Project No. 6261)
AGENDA ITEM:
A. Motion authorizing the City Manager, or his designee, to award a construction
contract to
Berry Contracting L. P. dba Bay, Ltd. from Corpus Christi, Texas in the amount of
$10,540,640.75 for Cimarron Boulevard Street Improvements Phase 1 from row Saratoga
Boulevard to Yorktown Boulevard. [BOND ISSUE 2004]
B. Motion authorizing the City Manager, or his designee, to execute a Construction Materials
Ilater�al
Engineering Laboratory's Inspection and Materials Testing Services with Rock Engineering
Testing Laboratory, Inc. of Corpus Christi, Texas in the amount of $64,744 for Cimarron
Boulevard Street Improvements ents Phase 1 from Saratoga Boulevard to Yorktown Boulevard.
[BOND ISSUE 2004]
ISSUE: The section of Cimarron Boulevard from Saratoga Boulevard to Yorktown
Boulevard is
currently a two -lane roadway. Because this area of the City is experiencing rapid growth, the road
has exceeded its capacity and is rapidly deteriorating.
The proposed project was approved November 2, 2004 in the Bond Issue 2004 Package under
Proposition No. 1 Street Improvements. The project is now ready to begin construction'
. g ,end
requires City Council approval.
PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi
y p held an
election to consider a number of ballot propositions to fund major capital improvements for p � or the
community, Bond Issue 200 4. The November 2, 2004 election was held jointly with Nueces County
and coincided with the Presidential Election.
The Bond Issue 2004 package includes $95 million in projects to be funded from ad
� J valorem
property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public
Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects � .. � p � . Jests target
the City's most immediate needs to improve existing physical facilities provide for growth, � investment � , p g h, and
protect the City's investment ints infrastructure.
In order to improve the delivery of the Bond Issue 2004 Street projects, the following processes
were added to the early stages of the design phase:
(1 ) More detailed and standardized Subsurface Utility Engineering En g to include
Hydro - excavation to determine precise locations and utility classifications of
HAUSERSMOMBVELMAPIGEMSTREET16261 CIMARRON PHASE 11 ON TRU TIQ A ENDA MEMO
public and private utilities. This allows coordination with local utilities franchises
for the timely relocation and avoids costly delays during construction.
(2) Wastewater lines cleaning and televising (CCTV) to determine detailed
information on the condition and any required repairs /upgrades prior to the
street reconstruction.
(3)
Land acquisition. on critical projects, land acquisition is proceeding ahead of
the project design and being coordinated with the platting process. This allows
dedications in lieu of purchase of ROW and easements and avoids future
delays and costs for Utility relocations and/or street reconstruction.
Construction on this project has been divided into two phases. The first phase starts at Yorktown
Boulevard and ends just north of Megan Circle. The second phase starts just north of Megan Circle
and ends at Saratoga Boulevard. The stormwater from the first phase flows into Master Channel
31. The stormwater from the second phase flows into Master Channel 27 and will not commence
until Master Channel 27 can receive the associated flows.
Additional utility work included in the first phase includes construction of a section of the
Buckingham ham Lif Station Force Main and effluent fine from Yorktown Boulevard to Wooldridge Road.
The second phase includes the addition of } 1 concrete boxes down a section of Brocl hampton
Street to address flooding issues associated with the Brighton Village subdivision by diverting flows
from the Brighton Village Collector Ditch to Master Channel 27.
To address safety concerns at the intersection of Brockhampton Street and Cimarron Boulevard, a
new traffic signal will be added.
FUNDING: G: Funding is available from the FY 2007 Capital Improvement Program (CIP) Budget.
FUTURE COUNCIL ACTION Additional lighting on the existing poles will be awarded via a contract
with AEP.
RECOMMENDATION: Staff recommends approval of the Motion as presented.
Additional S • . ort Material:
Exhibit "A" Background Information
Exhibit "A -1" Prior Project Actions
Exhibit "B" Project Budget
Exhibit "C" Tabulation of Bids
Exhibit "D" Location Map
1-1AUSERSZHOMEWELMAMENISTREETN6261 CIMARRON PHASE 1l ON TRU TIONV ENDA MEMO
Angel R. Escobar, P. E.,
Director of Engineering Services
BACKGROUND INFORMATION
SUBJECT: Cimarron Boulevard Street Improvements
Phase 1 from Saratoga Boulevard to Yorktown Boulevard (Project No. 6261)
?ROJECLPESCRIPTION: The actual work consists of the complete removal of an
existing roadway and construction of approximately 7,580 linear feet of new 5 -lane rims
� r
urban collector street (64-feet back -to -back of curbs) with concrete sidewalks and
associated pavement marking and signage improvements; 8,216 linear feet of new 18" to
54" reinforced concrete storm sewer pipes and inlets; 1,381 linear feet of new 6'X4' to
10'X6' concrete box culvert; 12,211 linear feet of new 6" to 16" PVC water lines and
appurtenances; 188 linear feet of new 8" to 18" PVC sanitary sewer gravity lines; 8,925
linear feet of new 16" PVC sanitary sewer effluent line and appurtenances; 12,948 linear
feet of new 18" and 24" PVC sanitary sewer force main and appurtenances; traffic
signalization improvements at the Brockhampton Street Cimarron Boulevard intersection;
and temporary traffic control; together with all appurtenances, in accordance with the plans,
specifications and contract documents.
Additive Alternate No. 1 would have added conduit for lighting and MIS which is no loner
required based on current designs for both systems.
BID INFORMATION: Bids were received on June 20, 2007 with three (3) bidders
submitting a proposal. The engineer's estimated cost of construction for the Base Bid is
$11,{488,161. The bids range as follows:
LBase Bid From $1O,540,640.7'6 To
Additive Alternate No. 1 From $88,838.00 To
$13,321,016.00
$96,719.50
The low bid was submitted by Berry Contracting L. P. dba Bay, Ltd., see Exhibit "C"
Tabulation of Bids. The City's consultant, MI Maverick Engineering, Inc., and City staff
recommend that the construction contract be awarded to Berry Contracting L. P. dba Bay,
Ltd. of Corpus Christi, Texas, in the total amount of $10,540,640.75 for the Base Bid on the
Cimarron Boulevard Street Improvements Phase 1 from Saratoga Boulevard to Yorktown
Boulevard Project.
CONTRACT CT TEF MS: The contract provides for the work to be complete within 730
calendar days of notice to proceed.
1-1:1USERSZHOMEWELMAPIGENUBRARY14321 SOUTHSIDE LIBRAR I ON TRU TI M4 AGENDA BACKGROUND
PRIOR PROJECT ACTIONS
SUBJECT: Cimarron Boulevard Street Improvements
Phase 1 from Saratoga Boulevard to Yorktown Boulevard (Project No. 6261)
PRIOR COUNCIL ACTION:
. November r 2, 2004 — Resolution expressing official intent to reimburse costs of the
2004 Bond m Capital Improvement l rovement Projects (Resolution No. 026015).
p p
2. November r 9, 2004 - Ordinance canvassing returns and declaring the results of the
Special Election held on November 2, 200 4, 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).
3. May 10, 2005 - Ordinance appropriating $402,233.80 from the unappropriated
interest earnings from Street 2000 CIP Fund 3411B; and appropriating in Street 2000
c1P Fund 3411B; appropriating $202,169.13 from Street 2001 CIP Fund 3540 and
appropriating in Street 2001 CIP Fund 3540; for the Cimarron Boulevard Street
Improvements Project, Phases 1 & 2; amending capital budget adopted by Ordinance
No. 026188 by increasing appropriations by $604,402.93; and declaring an
emergency. (ordinance No. 026247)
4. May 10 2005 - Motion authorizing the City Manager, or his designee, to execute a
Contract For Professional Services with Maverick Engineering of Corpus Christi,
Texas in the amount of $1 ,359,999 for the Cimarron Boulevard Street Improvements
Project: (Motion No. M2005-134)
• Phase 1 from Saratoga Boulevard to Yorktown Boulevard
• Phase 2 — from Yorktown Boulevard to Bison Road
5. November 15, 2005, - Resolution recognizing the public necessity of acquiring Right of
Way, Utility and Drainage Easements for the Cimarron Boulevard Street Improvement
Projects, Phases 1 and 2, Bond Issue 2004 Projects, for street and drainage
improvements in connection with the projects; and authorizing acquisition b y means
of negotiations or eminent domain proceedings by the City of Corpus Christi in
acquiring said easements. (Resolution No. 026541)
6. December 13, 2005 - Motion authorizing the City Manager, or his designee, to
execute Amendment No. 1 to the Contract for Professional Services with Maverick
Engineering of Corpus Christi, Texas in the amount of $73,912 for a total restated fee
of $1 ,433,911 for the Cimarron Boulevard Street Improvements Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 2. (Motion No. M2005-411)
H \IJ ERS IHOME\VELM P\ EN1STREE \6261 CIMARRON PHASE ICONSTRUCTIOMPRIOR PROJECT ACTIONS
PRIOR COUNCIL ACTION (conflnuedjj
Janua 2, 2006 - Motion authorizing the City Manager, or his designee, to execute
Amendment No. 2 to the Contract for Professional Services with Maverick
Engineering of Corpus Christi, Texas in the amount of $412,603 for
total restated
fee of $1,846,514 for the Cimarron Boulevard Street Improvements `
Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 1. (Motion No. M2006-017
8. August 22. 2006 - Motion authorizing the City Manner, his designee, � or ne, to execute
Right of Way Easement instrument with Clara Bras lau, et al., for t
the acquisition of
Parcel 4 in the amount of $31 ,700, containing a Right of Way Easement, and $79,700
to the Cimarron Golf Range, Inc. for the removal and relocation of improvements
� ornents
located within the right of way, both necessary for the Cimarron Boulevard Street
Improvements, Phase 1, Project No. 6261, and for other munici ai u (Motion No. Moo - 258)
� ross.
9. September 19,_ 2006 - Ordinance approving the FY 2007 Capital al Budget in the
amount of $146,994,500 (ordinance No. 026997).
10. October 17 2006 Motion authorizing the City Manager, or his designee, gnee, to execute
a Right of Way Easement instrument with the landowners Charles Scott Mandell and
wife, Thelma Mandel in the amount of $40,525 for acquisition of arcei
� 3, necessary
for the Cimarron Boulevard Street Improvements Phase 1 from Saratoga to Yorktown,
and for other municipal purposes. (Motion No. 027024)
11. September 2 , 2006 — Motion authorizing the City Manager, or
his designee, to
execute Amendment No. 5 to the Contract for Professional Services with Maverick
Engineering of Corpus Christi, Texas in the amount of $1,143,024 for a total restated
fee of $3,028,719 for the Cimarron Boulevard Street lm ro ements
Project:
• Phase 1 - from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 1 (Master Channel 27). (Motion
,. I
• M2006-324)
!!! 12. F bru 272 7 - Motion authorizing the City Manager, or his designee, e: to execute
Amendment No. 1 for project management services in the amount of
$84,082.79 with
Anderson Group Construction Management, Inc. for the Cimarron Boulevard rd street
Improvements Project: (Motion No. M2007-062)
• Phase 1 — from Saratoga Boulevard to Yorktown Boulevard
PRIOR ADMINISTRMIVE ACTION:
1 Jul 7 2004 — Administrative approval of a Small
� NE Agreement with Pyle and
Associates in the amount of $24,290 for the Cimarron Boulevard u evard street
Improvements Phase 1 from Saratoga to Yorktown.
2. August 2 200 _ Administrative approval of an Agreement for Construction gi ructron Ilaterials
Engineering Laboratory s Inspection and Materials Testing Services with g with Rock
Engineering & Testing Laboratory, Inc, in the amount of for Cimarron
the ��rrrarron
Boulevard Street Improvements Phase 1 from Saratoga to Yorktown.
3. Auiust 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).
H:1USEF 1H MEI ELMAPI ENI TREETN6261 CIMARRON PHASE 1 \CONSTRUCTIONAPRIOR PROJECT ACTIONS
PRIOR ADMINISTRATIVE ACIION (con
4. March 25, 2005- Addendum No. 1 to the Request for ualifi ations (RFQ) No. 2004-
03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local).
5. April 13, Zoo - 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).
6. August 18 2006 Administrative approval of Amendment No. 3 to the Contract For
Professional Services with Maverick erick Engineering of Corpus Christi, Texas in the
amount of $20,020 for a total restated fee of $1,866,534 for the Cimarron Boulevard
Street Improvements Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 from Yorktown to Bison
for additional design work on Phase 2.
T September 21 2006 - Administrative approval of Amendment No. 4 to the Contract
For Professional Services with Maverick Engineering of Corpus Christi, Texas in the
amount of $19,161 for a total restated fee of $1 ,885,695 for the Cimarron Boulevard
Street Improvements Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 1.
8. March 1, 2007 - Administrative approval of Amendment No. 6 to the Contract For
Professional Services with Maverick Engineering of Corpus Christi, Texas in the
amount of $24,922 for a total restated fee of $3,053,641 for the Cimarron Boulevard
Street Improvements Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 -- from Yorktown to Bison
for additional design work on Phase 1.
9. March 30 2007 - Administrative approval of Amendment No. 7 to the Contract For
Professional Services with Maverick Engineering of Corpus Christi, Texas in the
amount of $24,950 for a total restated fee of $3,078,591 for the Cimarron Boulevard
Street Improvements Project:
• Phase 1 — from Saratoga to Yorktown
• Phase 2 — from Yorktown to Bison
for additional design work on Phase 1.
H:1USERS \HOMEWELMAP\ EN \STREET\ 61 CIMARRON PHASE l‘CONSTRUCTIONAPRIOR PROJECT ACTIONS
CIMARRON BOULEVARD STREET IMPROVEMENTS PHASE 1
FROM SARATOGA BOULEVARD TO YOR TO N BOULEVARD
BOND ISSUE 2004
(PROJECT NO. 6261)
PROJECT BUDGET
July 17, 2007
FUNDS AVAILABLE:
Street CrP ••• ++4 r,. ... •* i r i r .. • f i r i r+ .. + *■ ••• .. • r r rt • •• *44 ... $5,989,970.24
St r r Water CEP.rt *iii i • • . • . *II • • r 6 • • .. ..t. rs. ••• 6, 3,506,324.04 ... ..rt rt.•....irt ... •rtrt ...
WaterC ■ r r r .. • r + 4 . + . . f r s . . . . f r � � • • . • .. . . • • • • • • i + i * * 4 s • . i �I r A.F
... 1 t
Wastewater CrP
••• ■ r a r •• ••• * r r r r . . . . . r r .., * •• ... 4 4 . 6 r . . . * * r r • • • • • 6 6 • rt . . . r . rt r i • • • 7.
i
Total
r i . • • * rt r i •. • •• • .1..0 r i rt r i . • .. • i + , , . + • . r r i • • • • • • • r • • • f .. * r i rt i • . . r ■ i , . * * • r • • • + * I I . ,609,6 . 5 2
• • 4 f rt i
FUNDS REQUIRED:
Construction Contract (Berry Contracting L. P. dba Bay, Ltd.)
Street, • ..... • • • .. ... •• . •• • • • ••
Storm Water.•. • ... ••, • .. • 2,561,603.00
•i ,i. *t•ii. *II rtr, r• +,•• +a. +••*44••
Water.............. 4 1 4 r i . + • • • • • r 6 • • rt • • • • • • . • * s i i . . • f � r • ... . • f 6• r • . + • 64 I•• . * • s 1,182,109.75
Wastewater .. + rt .. . 2,450,399.00
Subtotal Construction Contract i i i • , + • r. rt• • • • . • f a r i r ... •44 • .. + • . �� y • .. •* • i r. .* rt * II*" $10,540,640.75 ■ r i . f
Contingencies 10% .r. r•.............••...• ••• +....• ... ••...s•.. +.. MI* ..• IMF ..• •.. 1,054 065.00
Consultant (Maverick Engineering, Inc. )••• ••. ••• •.• .•. 2,538,070.98
Consultant (Anderson Group Construction Management)... .. r r , + + • . + • ▪ • • • 84,082.79
Consultant (Pyle ort a� s r . , .. . • .. .. , 24,290.00 L and Acquisition Costs__ • .•+ i i i i i i ••+ * *• ••, ••. * i r rt i. +* rt i, ••+ * f r .•. . f r r r i •., • r+ rt r i 1 t9►00 •Engineering Reimbursements ... r .. • • • + • ... •
. 85,000.00
, 00.0 Testing (Rock Engineering Testing Laboratory, I n c . ) . _ ••• ... • .... • . , • • , •• 81,135.00
▪ , , • . • . 15,000.00
(Printing, Advertising)... r • + t i r. •.• q4; ••• •• • + t i i, • •.* iii • •• • t i r i. • •• * i rt .. . r r rt•.
r
+ t i rt i . ... r r rt rt „ ••• ••• ■ * r r i + , .. . * rt i r r i i i .. • • • . + i r . • • • i r * 6 6 • • + * i i i + • t * rt rt • • • • • * 1 6 .. • . • • . I I I • • . . s * F , + • • t $14,609,683.52
r
TABULATED BY: 8ha.skar Patsl, P. E.
MAVERICK ENGINEERING, INC.
DATE: Wad = ._Funs 20 2007
TABULATION OF BIOS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS
CIMARRON BOULEVARD PHASE 1
SARATOGA TO YORKTOWN
CITY PROJECT NO.1261
IT DESCRIPTION
BASS BID - PART A: STREET IMPROVEMENTS
Al Street Excavation
A2 12" Com - cted Subtle _
A3 Geotextlle Fabric Geogridd
12" gush rnestone Flexible Base
. A, Gr.1
A4
TIME OF COMPLETION: 720 Cslsndar Day
AS Prime Coat (0.15 Ga11SY
A6 3.5" HMA- Paveme_fype D) §urface Course
A7 4` Concrete Sidewalk
8 _ Concrete Curb Ramp - _
A9 6" Concrete Driveway _
Al 0 U na n t i Ci pated Driveway Removal
Ai 1 Unanticipated Sidewalk Removal
Al2 , ust ExIstingaas Valve to Finish Grade
A13 Adjust Existing Manhole to Firiish Grade
A14 Pedestrian Guard Rail
Al 6 y Gnu t
A16 zone Da
Re#Wect ve avementring Type I
(W) (ARROVI _
A18 i Reflective Pavement Marking Tree I (W) (-ONLY'
Reflective PavementlAarking TyrTe 1
4"{4'} (BI)
ellective Pavement Marking Type I
DPW (8") SLD
-Reflective avement a ng TypeT
Y) (4 ") (SLDl (DBL)
efiective'avement arid, g Type
4" SLD
e ective ' = vement * arking'ype I
4') (BRIG)
ecve Pavement MarkinType I
A24 (2 " (LD)
Re active PEIVement ivrafking Type
A25 CROSSWAL 0" Wde)
ective Pavement Marking ype 1
(24 ") sLGOR
e active Pavement l ar TIO TypeT
A27 1B• (SLD)
A28 Type I -C Raised Pavement Marker (Rellectorizedj 298
A17
A19
A20
A21
A22
A23
A26
80,088
59177
59,177
HAY LTD.
P. O. BOX MS CORPUS CHRISTI, TEXAS,
UNIT UNIT PRICE
ENGINEER'S ESTIMATE: $1*,4U,1IIt Hasa B
HAAS AND€RSON CONSTRUCTION
P. 0. BOX 72
14i0 CORPUS CHRISTI, TEXAS MST
SY
Mal
59177 j
8877 GAL
54,065 SY
71,225 SF
3267 SF
9923 SF
300 SF
100
1
18
96
1
3720
2133
1
10,222
511.00
$1.90
$2.00
$15.00
$3.50
m
LF
DAY
LF
2760 111
AMOUNT
$88096_0
$112,43.30
$1 18,354.00
$887 655,00
$31.069.50
$16.00 $865,040.00
$15.00 $49,005.00
$6.50 $64,499,50
$10.00
$5.00
$1,200.00
$3,000.00
$3,000.00
$500.00
$1 ,200.00
UNIT PRICE
$4.90
$1.30
$2.15
$16.10
AMOUNT
SLC CONSTRUCTION. If
P. 0. Box III
CONROE, TEXAS 772+OS
UNIT PRICE AMOUNT
$392 431.20
$76,930.10
$127,230.55
$952 749.70
$13.50 $1 081,188.00
$2.25 $133,148.25
$2.75 $162,736.75
$17.25
i $946 137.50 $22.00
513.00 $42,471.00
$5.70
$3,50
$1,200.00
556561.10
$1,050.00
5350.00
$1,200.00
$2,150.00 $38 700.00
$160.00 $15,360.00
$500.00 $1,000.00
$107.00 $10,272.00
$890.00 $1,780.00
$500.00 $1.080.00 $2 375.00 $4 750.00
$120.00
$171,00
$0.55
310 LF
$1.20
$7,200.00
52 052.00
$2,046.00
$2,559.60
$1,020,803.25
533 288.75
$1,189 430.00
$4.50 $1320,512.50
510.50 534,303.60
57.50 $74,422.50
$3.00 $900.00
$300.00
$600.00
116 200.00
$200.00 $19,200.00
$750.00
$500.00
51 500.00
$1,000.00
$113.00 $6,780.00 $114.00 $6,840.00
$161.00
$0.55
$1.20
$1 932.00
$2,046.00
$2,559.60
$1.20 52,361.60 $1.20 $2E361.60
$0.50 $5111.00
$0.55 $1,518.00
$11.00 53,410.00
$0.50 $5,111.00
$0.55 51,51 8.00
$10.00 $3 100.00
$162.00 $1,944.00
$0.50 51 860.00
5125 $2 666.25
$1.25 $2 460.00
$0.50 55,111.00
$0.50 51,380.00
$10.25 $3 177.50
623 LF
93 LF
120
A29
A30
Type II -A -A Raised Pavement MarkerReflectorized) 702
el gill Assembly with" Blades (Green) and
STOP Sign - _ _ 10
NO PARKING Sign
26.1
A31
$36.00 $22,428.00
$10.50 $976.50
$8.20 _ $984.00
$6.30 $1 877.40
$21,182.00
$34.50 $21,493.5+0
A32 SPEED 2,010E Sign
A33
A34
A35
A36
A37
Other Re ulat Si n
Relocate fisting OL ZONE -Sign Assembly
(Flashing) - -_
TerrIporary Detour Road Wideniti
Type III Permanent Barricade (8' Loa)
Traffic Control - -
A38 Traffic Control Allowance
Traffic Sigma zativn for groMhampto it
Cimarron Blvd. intersection
�, • e x High Relrorced Concrete
Retaining Curb
Pavement Embankment Consisting 01 Caliche Base
and Selected Subgrade Material Salvaged from
A41 Cimarron Boulevard Street Excavation, 8" Lime
LStabilized Subgrade, and Surface Treatment (New
outhside Fire Station #17)
Subtotal Part 'A'
(Items Al through A41
A39
A40
30
15
16
$6.30
$4,422.60
$500.00 55,000.00
$300.00 $9,000.00
$380.00
$380.00
2 EA
9466 SY
4
1 LS
LS
200 LF
2693 SY
$2 000.00
$35.00
$600.00
$120 000,00
$60,000.00
$240,000.00
$59.00
$5,700.00
6 080.00
$4,000.00
310.00
$2,400.00
$930.00
510.25 $953.25
$930.00
$1 789.00
$6.00 $4,212.00
$475.00 $4,750.00
$300.00
i
$1 675.00
$25.00
$535.00
$120,000.00 $25C1.000.00
$60,000.00 $60.000.00
$240,000.00
$11 800.00
$245,000.00
525.00 $67,325.00
$4,346„529.00
$7.75
59,000.00
55,250.00
$5,600.00
$3,350.00
$236 650.00
$2,140.00
56.00
$930.00
51,789.00
$4 212.00
$600.00 $6,000.00
$380.00 $11,400.00
$450.00 $6,750.00
$450.00 $7 200.00
$1 680.00
$41.00
$1 200.00
5115.000.00
$3 360.00
$388,106.00
$41800.00
$115 000.00
5247,000.00 $247,000.00
$14.50 $39,048.50
$3,876,325.10
$24.00 $64,632.00
X5,063,097.00
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI. TEXAS
TABULATED BY Bhask*r Patel. P. E.
MAVERICK ENGINEERING, INC.
DATE: W , June 20,2007
ITEM DESCRIPTION
BASE BID - PART 8: STORM WATER JMPROV€MENTS
81 Seeding at Specitted Areas - 181 Dla. RCP (Class Ill)_
21' Dia. RCP (Class III
24' Dia. RCP (Class II
30" Dia. RCP (Class III
38' Dia. RCP Class III
42" D. RCP Class III)
48' Dia. RCP (Class III)
--
54' Dia. RCP Class lit
6' x 4' Reinforced Concrete Box
8' x 5' Reinforced Concret Box
10' x 6' Reinforced Concrete Box
5' Standard Curb Inlet
al Curb Inlet
CIMARRON BOULEVARD PHASE 1
SARATOGA TO YORKTOWN
CITY PROJECT NO. 121 1
82
83
84
85
86
87
88
_B9 _
810
811
812
813
814
B15
616
817
B 18
B 19
620
821
B 22
B23 -
824
B25
826
827
828
829
B0
834
8+35_
B36
837
838
839
840
6' Inlet Extension
Sidewalk Drain _
6' Concrete Curb & Gutter
+4' Dia. Conte Storm Water Manhole /Type 'Al
5' Dia. Concrete Sloan Water Manhole (Type' l
6' Dia. Concrete Storm Water Manhole (T .: 'A'
Concrete Storm Water Manhole ,(Type 'E') 14
Junction Box #1 w!Manhole fuser 1
Manhole Riser _ _ _ 4
15" Dia, Steel Split Casing (Open_Cut) 20 MEI
14' Dia. Steel Spilt Casing (Open C 100
Concrete Riprap
Pavement Repair i8rockhampton S1,_ -
10' 6' Reinforced Concrete Box 45° Bend
TIME OF COMPLETION: T30 C #,scads
010. UNIT
15,548
919
16
1207
156e
2299
989
529
699
851
150
380
38
5
25
6
15,317
3
9 --
10
BAY LTD.
P. O. BOX 9001
CORPUS cilitIST1, TEXAS, 78469
UNIT PRICE
SY
IF
LF
MEI
6' x 4' Reinforced Concrete Box 11'x' Bend
Flowable ill for 15' RCP
PIu,Abandaned 16` FRCP
64" RCP PIu
Concrete Headwa 'arallel) (0• Skew)
Pedestrian Guard Rail
Modi Headwall for Existirg (4) 8' x 4' R.C. Boxes
Convert Manhole to Junction Box
e e s on Init1 Enclose
Storm Water Conduits
841
B42
845
Cement Stabilized Sand Backflll
Utilit Relocation for Storm Water
Unanticipated Curb & Gutter Removal
Silt Fence for Storm Water Pollution Prevention 2909
Trench Safef for Storm Water 9698
2883
1604
2
8
4
3
- 98
1
1
9698
2141
$1.00
$85.00
$108.00
$75.00
572.00
$90.00
5120.00
$140.00
$173.00
$2557.00
$374,00
$506.00
$2,900.00
54,100.00
5650.00
52,500.00
$17.00
P.900,00
$6,200.00
57,500.00
$j 700.00
$27,000.00
$2,100.00
$170.00
$150.00
Y
$10.00
$63.00
$9.900.00
$5,300.00
$200.00
$650.00
$900.00
EA
IF
1
300
Traffic Control
2 BBL -24" Dia. R.C. Pipe Culvert (Class IV) Including
Reinforced Concrete Safety End Treatment and
Minor Ditch Regrading
New Southside Fire Station #17L
Storm Water Utility Allowance
Subtotal Part 'J'
# 1. =tits B1 fhrou. h B45 1.
MITA
86 LF
$45,000.00
5160.00
$1500.00
$3,200.00
54.00
$45.00
AMOUNT
$15,546.00
$78 115.00
$1,728.00
$90,525.00
$112 178.00
$208 910.00
$118 $80.00
$74,060.00
$120 927.00
5218,707.00
$56,100.00
$192,280.00
$110,200.00
$21500.00
521.250.00
515,000.00
_ 5260,389.00
$14,700.00
$55.800.00
575 000.00
$135 800.00
$27,000.00
$8,400,00
400.00
$15,000.00
$28,830.00
$101,052.00
$19 800.00
55,300.00
$12600.00
$2,600.00
$2,700.00
$45,�0p0,0.00
,680.00
$5,500.00
$3,200.00
50.00
_ $15.00
$5.00
$2.00
$61,000.00
538,792.00
596.345.00
50.00
$4,500.00
-- $14 545.00
_ $19,396.00
$61,000.00
$88.00 $7,568.00
40,000.00 , $40,000.00
j 551,603.00
ENGINEER'S ESTIMATE: 511. 1,101 Base
HAAS ANDERSON CONSTRUCTION
P. 0. BOX 7112
CORPUS CHRIST/. TEXAS 78487
$1.00
$47.50
$57.00
$52.00
$74.00
$89.00
$115.00
$136.00
$161.00
5256.00
AMOUNT
_ $1554B.00
$43 652.50
$912.00
574 834.00
$327.00
$4fi4.00
$2.600.00
$2 850.00
$830.00
_ $1280.00
$1 2.00
$3,100.00
$3 550.00
$4 500.00
$6 200.00
$11.500.00
$2,500.00
$535.00
$$445.00
$10.00
$53.50
$5 200.00
$4,600.00
$178.00
5356.00
$654.00
$116,292.00
5204,61 1.00
$113,735.00
$71 944.00
$112,539.00
$217.856.00
$49 050.00
$176.320.00�J
$98 800.,+�y0 ,y
SLC CONSTRUCTION. LP
P. 0. BOX 039
CONROE TEXAS 77305
$88.00
591.00
$96.00
5111.00
$126.00
1 65.00
$193.00
$240.00
2.00
$491.00
$672.00
$2 0,50.00
AMOUNT
$7,774.00
$80,872.00
$1,456.00
5115,872.08
$172 938.00
89, 674.00
$163,185.00
$102,097.00
$167,760.00
$308,062.00
$73 650.00
5255,360.00
$112100.00
$140
_ $20,750.00
_ $7_,680.00
$183,804.00
$9.300.00
$31 950.00
$45,000,00
$8600.00
$11,500.00
$10,000.00
$10,700.00
$44 500.00
$28,830.00
_ $85.814.00
510,400.00
$4,600.00
$1,424.00
$1 424.00
$3
$1 800,00
$1 500.00
$1 7.00
$2 600.00
$3 300.00
.00
7,850`08
$30 000.00
$1 400.00
$38,000.00
$107.00
$1,962.00
$38`000.00
$10,486.00
$5,900.00 $8.00
$4,00.00 $4 600.00
$3.00
$53.50
$0.00
$5.00
$4.50
$6.00
$29,094.00
$114,543.50
$0.00
51.500.00
$13 090.60
$243.00
$228.00
56.50
_ -45.00
$5,800.00
-. $4 200.00
$75.00
$400.00
5600.00
554,000 00
5200.00
$16.00
$6 650.00
$3,00
540.00
0.00
$6.00
-_ $3.00
$ 6.50
576 000.00
_5150,000.00
$160.00
540,000.00 $40,000.00
$56,188.00
$150 000.00
$13,760.00
$2,387,943.50
$18 500.00
$45,000.00
$9,000.00
60 389.00
$7 600.00
$29 700.00
$48,500.00
$109,900.00
,000.00
$5 600.00
#•,860.00
$22,800.00
$18 739.50
$72 180.00
$11,600.00
$4 200.00
$600.00
$1 600.00
$1,800.00
- -- $000.00
$19,600.00
$18,000.00
+8 650.00
29 ,294.00
$85,640.00
$0.00
51,800.00
$8 727.00
$14 547.00
576 000.00
5200.00 517.200.00
$40,000.00 40,000.00
$2,921,826.50
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES • CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Shssksr Patel, P. E.
MAVERICK ENGINEERING. INC.
DATE: Wadriasday,Junia 20. 2007
CIMARRON BOULEVARD PHASE 1
SARATOGA TO Y RKT WN
CITY PROJECT NO.
1261
ITEM !DESCRIPTION
QTY.
BASE BID - PART C: WATER DISTRIBUTION IMPROVEMENTS
C1 6' Da. C900 PVC DRj) Waterline
C2 8' Dia. C900 PVC _PR 18) Waterline
C3 12* Dia. 900 PVC (DR 18) Waterline
_C4 16' Dia. C905 PVC (DR 182 Waterline
C5 6' Gale Valve with Box & Cover
C6 8' Gale Valve with Box & Dover 15
C7 12' Gate Valve with Box & Cover MEM
C8 16" Gate Valve with Box & Cover
C9 61- 451 DI Bend 10
C10 8" -461 DI Berl
C11 8" -11 %1 DI Bend _
C12 121- 451 D1 Bend 2
C13 16 "- 451 DI Bend -- 20 EA
C14 1r- nw DI Bend
C15 16"- 11'!x* DI Bend -
C16 B' Tie -ird Connection
C17 8" Tie -tnl Connection
18 12" Tie-irV Connection -
C19 12`110 1
431
3796
147
7837
5
TIME OF COMPLETION: 730 Calendar Day
BAY LTD,
P.O. BOX 11003 P. O. BOX 71!3
CORPUS CHRISTI, TEXAS. 71441 I CORPUS CHRIST?, TEXAS 7$447
UNIT
ENGINEER'S ESTIMATE: #11 111 B
HAAS ANDERSON CONSTRUCTION
UNIT PRICE
AMOUNT
UNIT PRICE
AMOUNT
538.00 516,378.00
IF $60.00 $26 860.00
- -- $38.00 $136,656.00 $40.00 5151 840.00
LF $74.00 $10,878.00 $62.00
LE $57.00 $446,709.00 $75.00 $587 775.00 $87.50
EA 5700.00 33,500.00 $773.00 53,865.00 $755.00
_ $900.00 $13500.00 $10.00 $15 150.00 $1,057.00
$1,800.00 $3,600.00 $1,775.00 - $3 ,550.00 51 963.00
$4,700.00 $98.700.00 $102 375.00 56 040.00
5140.00 $1,400.00 $151.00
5225.00 $3,825.00 $267.00 54 539.00 $226.00
5270.00 $540.00 $267.00 $534.00 $226.00
59,114.00
S L C CONSTRUCTION. LP
P. 0. BOX 1
CONROE, TEXAS 77300
UNIT P#tICE AMOUNT
=MIN MI
510
$49.25
$55.00
574.25
17
2
C20 IWater Service Connection 10 EA
C21 112'x8 "DI Tee
C22 16'x6 *Dl_ --
C23 J161xS'DIWye
C24 I 16' x 12" Di Reducer
C25 116" x 16' DI Tee
C26 16" x 12 " -Dl Cross -.
C27 20" x 16' Tapping Sleeve
C28 30" Dia. Steel Casing Bore
C29 0" Dia. Steel Casin (Open Cut ) _
2' Air Re ease ave With
C30 5' Da. Fiber l2MS_s Manhole _ape 1)
C31 Fins Hydrant Assembly rpe 1)
C32 Fire Hydrant- Assembly (Type
C33 Adjust ExistlntWater Valve to Finish Grade
C34 Remove and Replace Concrete Sidewalk
C35 Cement Stabilized Sand Bac kfill
EA
=MA
51.700.00 58 500.00
$650.00 51,950.00
MINIM
1 EA
MEI
160
330
12.905 51.35
1 ® 593,000.00 $93,000.00
$450.04
$790.00
$4 875,00
$178.00
51 780.00
$900.00 5464.00 $928.00 $375.00
$15,800.00 5809.00 $16 180.00 $830.00
$900.00 - - 51 800.00 $856,00 $1,712.00 $906.00 $1,812.00
$1,200.00 $4,800.00 $1,010.00 $4,040.00 $1x208.00 54 832.00
$2.000.00 $10 000.00 $1 070,00 $5 350.00 $1,800.00 $9,000.00
$2,000.00 5$10,000.00 $1,130.00 $5,650.00 '1.900.04 39 640.00
53,500.80 r'i 4,000.08 $1 00.00 90.00 52 000.00 58 000.00
51 000.00 51,300.00 5225.00 5225.00
51 ,000,00
51,200.00112,0 111100.00
5550.00 5550.00
51,100.00 55,500.00
3
40
C36
Trench Safety-for Waterlines
C37
Traffic Control
C35
Water Utility Allowance
Subtotal Part ''
(Items Whrounh Q8)
2
51, 300.00 52 600.00
51,850.00 51,850.00
510 000.00 510 000.00
$300.00 536,600.00
51 300.00
5930.00
5772.00
58 300.00 51 700.00 517,000.00
5772.00 5600.00 5600.00
51,300.00 56,500.00 $1,200.00 56,000.00
51 900.00 $9,500.00 51 800.00 59.000.00
5713.00 52 139.00 5600.00 51,800.00
51 ,425.00 52,850.00 51,200.00 52,400.00
51,900,00
511 650.00
5950.00
5300.00 512,000.00 5332,00
59,100.00 $27,300.00
53,800.00
$4.000.00
$41,800.00
564,000.00
56 400.00
53,685.00
$4 040.00
5535.00
513.00
525,000.00 525 000.00
$1,182,109.75
5100,000.00
525,000.00
51,900.00
511 650.00
.00
5116 900.00
513280.00
51, 800.00 51,800.00
512 000.00
519 200.00
$40,535.00
$64,640.00
5564.00
$310.00
55 900.00
54 100.00
$4,200.00
$1,070.00 .ii it
52,080.00 $11.00
FI
486.00
5100,000.00
512 000.00
568,808.00
512,400.00
517,700.00
$45100.00
567.200.00
51 200.00
51,760.00
TABULATED BY Bhatkar Partial, P. E.
MAVERICK ENGINEERING, INC.
DATE: W . . June 20. 2007
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI. TEXAS
TIME OF COMPLETION: 730 Calendar Os s
BAY LTD.
P. 0. BOX 9901
CORPUS CHRISTI, TEXAS, 70
CIMARRON BOULEVARD PHASE 1
SARATOGA TO YORKTOWN
CITY PROJECT NO. 6201
� DESCRIPTION
BASE BID - PART D: WASTEWATER
Di
T
Ma. tary
14' -16' Depth
QTY. UNIT
SANITARY SEWER IMPROVEMENTS
EOM
ewer cavity
one
D3
ty iris
n tary ewer ravity R ne
14' -46'D .h
D4
D5
06
D7
D8
D9
33
33
rave trio
34
Sewer Effluent line 8925 LF
10,264 ME
2679 MEI
1
1
)rinectian (ri9-
iily}
D10
011
012
D13
014
D15
016
UNIT PRICE
ENGINEER'S ESTIMATE: 111.411„161 Bass
HAAS ANDERSON CONSTRUCTION
P. 0. BOX 7692
CORPUS CHRISTI, TEXAS 70447
mown
$110.00
5115.00
$150.00
$150.00
$45.00
$52.00
$90.00
$2,400.00
$2,500.00
$2 600.08
A
tra s:pi or : i y
Over 6'De.th 18"FM)
D18 18" Dia. Dr { onnecti Assembly (18" FM)
16 "- 45' DI Bend (Effluent)
t)
s i 16 " -11 * DI Bend (Effluent) --
16" DI Tee Effluent
18"- 45` DI Bend (Force Main) - - -
18 % 1 1 ID Berij once Main) 2
24N- 45' DI Bend (Force Main) 10 $2,500,00
24'- 2' DI Bend (Force Main)
$3,300.40 $f 640.00
24" Plug Force Maui _
- -- EA 52,700.00 $2,700.00
30" Dia. Steel Casing (Bore) (16" Effluent) 205 LF $350.40 $7 ,750.00
30' Dia. Steel Casing (Open Cut) (1" Effluent) 120 LF $210.00 $25,200.00
D29 30" Dia. Steel Casing jBore) OW Force Main) MIN $370.00 $75,850,00
D30 30" Dia. Steel Casing ( n Cut 18" Force Maui 20
$225.04 $27 000.04
031 36" Dia. Steel Cas (Bore 24" Force Main 56 $440.00 $66,840.40
032 2 rXT a ease Va ve with 9 a. iberg ass
Manhole q tie 1 24" Force Main 1 PI
033 2" Ankelease aloe with ■ a. iberglass
III
Manhole (T 2 19' ForceAaln
D34
ement ta��ilize n cI r Senile Sewer
D35 Trench Safety for Sanitary Sewer
LF
D36 Pavement Re air for Sanitary Sewer :: •
037 - ernove an ep1ace.oncrete u inter for
Sanitary Sewer MI
Remove ove ar Replace oncrete idewa or anitary
D38 Sewer
LS
039 Traffic Control for Sanitary Sewer
040 UM i t MIME, me for Sa nit
Subtotal Part `D'
Items D1 hrou , h D401
an ote
D19
024
D25
5
$2,700.00
$3300.08
$4.400.00
$5,200.00
2 $4.500.00
EA
ii
$3.630.00
$3795,00
$4 950,00
$401.625.00
UNIT PRICE
$107.00
$119.00
$142.00
SIC CONSTRUCTION, LP
CONROE.
P. O. BOX on
CONROE. TEXAS 77305
AMOUNT uNn' PRICE AMOUNT
$3 531,00
$3 927.00
$4,686.00
$5,236.00
$59.50 $531,037.50
$533,728.00 $69.50
$241 110.00 $98.00 $257 184,00
$2 400.00 $416.00 $416.00
5713,348.00
$550.00
1 $9,000.00
NM $1.100.00
300 .00
ME
2
$1,700.00
27 EA $1,600.00
$2 000.00
$2.500.00
$445.00
$2,600.00 _ $535.00
$2700.00 $713.00
$3 300.00 $1,545.00
$4400.00
$5 200.00
$22.500.00
$8,400.00
$4 950.00
9 000.00
$23.1 00.00
$2,600.00
$1,700,00
$43,200.00
$4,000.00
$25.000.00
205
1
1
6
92
248
1
$8 200.00
$9,000.00
$45.00
$2.00
550.00
$30.00
58,200,00
554,000.00
$356.535.00
$42,870.00
$194450.00
$2,760.00
$2.356.00
513 000.00
$4,180.00
$2 140.00
$445.00
$535.00
$713.00
240.50
$120.00 960.00
-- $138.00 _ $4 488.00
$143.5.0
$97.50
$115.00
$4 879.00
$870,187.50
$1 180360.00
$1 700.00
$1,750.00
$1 800.00
$1 545.00 $2,500.00
$13 000.00 $3 750.00
$17 000.00
$8.900.00
$8 325.00
$1 300.00
$4.160.00
$10,700.00
$17 000.00
$80 1 00.00
$8.325.00
$27,300.00
$1,365.00 $.2 730.00 $1,500.00 $3 000.00
$1 900.00 $1,900.00 52 100.00 52,100.00
$1 865.00 $50,355.00 $2100.00 $56,700.00
$2,025.00 4 050.00 $2,100.00 4 200.00
52645.00 528,450.00 $3.500,00 $35 000.00
$3,805.00 $7,610.00 $3,750.00
2 855.00 _ _ $2.855.00 $.2 700.00
$950.00 5194,750.00 5564.00
$333.00 $39.960.00 5317.00
$950.00 $194,750.00 $564.00
$40,800.00 $317.00 $38040.00
$202,800.00 _ $684.00 $106.704.00
$4 500.00
$2 450.00
$10 000.00
$420.00
$8 300.00
$1.400.00
$1 700,00
$1 750.00
$1 800.00
$2 500.00
$3 750.00
$4,500.00
$12 250.00
I 000.00
780.00
$8.300.00
$29.400.00
$340.00
$1,300.00
$8,000.00
$8,085,00
$7 500.00
$2700.00
$115 620.00
$38.040.00
511 5,620.00
$8.000.00 $7 500.00 $ 7,500.00
$48 510.00 $7,500.00
$53.50 $423,880.50 $40.00
$75.022.50
$190,561,00
$49.00
535.00
$13,00
$250,000.00
$3,220.00
$40,000.00 _540.000.00
$3,494,616.50
$45 000.00
$316 920.00
$1.50 $32,152.50
445.00 $175 005.00
$38.00 $3,496.00
$11.00
$75 000.00
$40,000.00
$2728.00
$75,000.00
$40,000.00
$3,805, 189.00
TABULATION OF BIDS
DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS CHRISTI, TEXAS
TABULATED BY: Bhaskar Patel, P. E.
MAVERICK ENGINEERING. INC.
DATE: WadFie# day, J014 , 2007 _
CIMARRON BOULEVARD PHASE 1
SARATOGA TO YORIITOWN
CITY PROJECT NO. 1261
-
r
ITEM DESCRI TION
ADDITIVE ALTERNATE NO. 1 - PART E; TRAFFIC SIGNALIZATION IMPROVEMENTS
E1 P4" i8, Elects' - Conduit
For Future 9hling -- —
E2 Handhole for Li.htin • Conduit
QTY.
TIME OF COMPLETION: 730 Calendar Da
BAY LTD.
P. O. BOX ION
CORPUS CHRISTI. TEXAS, 70441
ENGINEER'S ESTIMATE: I11,41#.1I1
HAAS ANDERSON CONSTRUCTION SLC CONSTRUCTION. LP
P. O. BOX 7112 P.O. BOX i311
CORPUS CHRISTI. TEXAS 7544a CONR + TEXAS 7T3OS
UNIT PRICE AMOUNT PRICE ICE AMOUNT JUNrTPICE , AMOUNT
$30.00 $11,220._ $33.00 , $12,342.00 $32.50 $12,155.00
$1,229.00 $4,916.00 $1,300.00 $5,200.04 $1,320.00 $5,280.00
E3 (q • , 4.) ectricat ..onduil
for Future M.I.S.
E4 lndhole for M.I.S. Conduit
Subtotal Pert 'E
llterrrs_E throurh E -
374
LF
4
7515
TOTAL BASS BID - DARTS A, B.
Part A - Street Imernents itlems Al throe h 41 Part B - Storm Water Improvements (Items E1 throuzh 645)
Part C - Water Distribution - Irriprovements (Items Cl through 3B ) _
Part D - Wastewater (Sanitary Sewer) Improvements (Items D1 throu ±h D40
9
LF
EA
$7,60
$1.565.00
$58,517.00 $8.50 63 877.50 $8.50 $63,877.50
$14,085.00 $1,700.00 _ $15,300.00 S1,680.00 515.120.00
$88,838.00
BID TAB SUMMARY
ADDITIVE ALTERNATE NO. 1 - PART E __
Part E - Traffic tion Irrlproverrlenis {Ileums El through E4)
$96,719.50 I $90,432.50
TOTALS TOTALS
54 346,529.00 $3.876 325.10
52,561,603.00
51,182.109.75
52 450,399.00
51.395.717.00
53 494.616.50
588, 838.00 $96,7_19.60
TOTAL BASE BID $1O, 40,840.75 511,154 602.10
TOTAL BASE BID + ADDITIVE ALTERNATE NO. 1 510 629,478.7' 511,251,321.60
TOTALS
55 063,097.00
Q
3,097.0
$2,921 82 .60
51,530,903.50
$3 805.1 59.00
513,321,01 6.00
513 417 448.50
File 2 \Mproject \count exhjb 5 \exh626lb dwg
Flol 2444
CM' PROJECT No_ 6261
SARATIMIA
LOCATION MAP
worra-suir---
'!
AGREEMENT
for
Construction Materials Engineering Laboratory's
Inspection and Materials Testing services
This AGREEMENT is between the City of Corpus Christi, Texas, a Texas home -rule municipal corporation,
"CITY", acting through its duly authorized City Manager or designee "City Engineer"), and ROCK ENGINEERING
EEF II
TESTING LABORATORY INC., a Texas corporation or partnership, "LAB", acting through its duly authorized
representative who is CURT 1S A,_ OCK (Name) BUSINESS DEVELOPMENT MANAGER (Titre), which agree as
follows:
1. DECLARATIONS "CITY" desires to engage "LAB" to provide services in connection with City's project,
described as follows: Cimarron Boulevard Phase 1 from Sarato a to Yorktown Project No. 6201
"PROJECT".
2. SCOPE OF WORK "LAB" shall provide services to the PROJECT in accordance with the
accompanying Scope of Services and Fee Schedule attached as "Exhibit A" and the Terms and Conditions to
AGREEMENT attached as "Exhibit B".
3, FEE The "CITY" agrees to pay the "LAB" for services provided in accordance with Exhibit "A "* Scope
of Services and Fee Schedule under this AGREEMENT, a total fee not to exceed $64.744.00 (in figures), (Sixty
Four Thousand Seven Hundred Forty y Four D oilars and Zero Cenjs j (in words).
4. CITY'S DISCLOSURE OF HAZARDOUS DOUS & TOXIC MATERIALS AND CONDITIONS AT THE
PROJECT SITE. "CITY" warrants to "LAB" that to the best of its knowledge, based upon currently available
information, the only hazardous or toxic materials, as defined by the laws and regulations of the Federal
government, the state, and city which exist at the PROJECT SITE are as follows: None
CITY OF CORPUS CHRISTI
Ronald F. Massey, (Date)
Assistant City Manager
RECOMMENDED
L/P/0
R. Escobar, P. E.. D i te)
'rector of Engineering Services
ATTEST
Armando Chapa, City Secretary
APPROVED AS TO FORM
Legal Department (Date)
Project No. 8
Fund Source No.
Encumbrance No.
H:1U ERS2IHOMEI ELMAPI ENISTREETl6 61 CIMARRON PHASE 11TE TIN AG EEMENT
RO ENGIN - & TESTING
is A. Rock (Date)
Business Development Manager
4910 Neptune Street
Corpus Christi, TX 78405
(361 ) 883 -4555 Office
(351 ) 883-4711 Fax
June 5, 2007
City of Corpus Christi
PO Box 9277
Corpus Christi, Texas 78469 -9277
Attn: ML Angel R. Escobar, P.E.
Director of Engineering Services
SUBJECT:
Dear Mr. Escobar,
ESTIMATED TESTING BUDGET
CIMARRON BOULEVARD PHASE 1/
SAR T GA TO V RI T WN
Project No. 6261
Corpus Christi, Texas
RETIE P osal Number: P06010713
• GE TE HNICAL ENGINEERING
• CONSTRUCTION MATERIALS
ENGINEERING & TESTING
• SOILS • ASPHALT • CONCRETE
JUN 0 5 2007
Rock Engineering and Testing Laboratory, Inc. (RETL) is pleased to be Selected to perform the required
Construction Materials Testing for the above - mentioned project. The Estimated Construction Materials
Testing Budget for this project is $64,744.00
The estimated construction materials testing budget has been based on a review of the plans, specifications and
testing schedule provided. A breakdown of field and laboratory testing required is included as an attachment.
Please make note that the actual fees invoiced for this project will be based on the actual testing
performed. The total fee assessed will be dependent on the contractor's construction techniques, number
of trips made to the jobsite, elapsed time from technician arrival to commencement of testing activities,
and any time the technician is required to be on -site but not performing testing activities. In addition, in-
place densities will be invoiced for a minimum of 3 in -place densities per trip.
Please be advised that weekend Technician time will be invoiced portal to portal at an additional rate of
$22.00 per hour.
RETL appreciates your consideration of our firm to assist you during the construction phase of your project. If
you have any questions or comments please contact us at (361) 883 -4555.
Sincerely, ACCEPTED AND APPROVED
/210';&;"
Robert Pena,
Project Estimator Print
By - -- -
cc: Maverick Engineering Inc.
Attn: Mr. Dennis Miller, P.E.
Date
Rock ENGINEERING & TEST; LABORATORY, INC.
winvarocktesting.com
4910 NEPTUNE STREET • CORPUS CHRISTI, TEA , 78405 18847 REDLAND ROAD #202 • SAN Awrowo T
�J (381) 8848 • Rex (361) 88411 � aAa� 78259
{ OFFICE: (210) 495 -8000 • Fax: (210) 495-8015
Date: 06/05/07
Project: Cimmaron Boulevard Phase 17 Saratoga to Yorktown, Project No. 6261
Proposal No: P0601 7B
Client: City of Corpus Christi
Soils
Sampling Charge
Standard Proctor - Trench Baokfill
Standard Proctor - Subgrade
Densities - Trench Baclfl
Densities - Subgrade (Streets)
Densities - Subgrade (Driveways)
Test Item Test kg
uenc , • us i tjty Ouant Unit Unit Fee Fee
2 EA. $46,00 $92.00
1 EA. $157.00 $157.00
1 EA. $157.00 $157.00
220 EA. $34.00 $7,480.00
183 EA. $34.00 $6,222.00
11 EA. $34.00 $374.00
Flexible Base
Sampling Charge 7 EA. $46.00 $322.00
Seine Analysis 7 EA. $77.00 $539,00
Atterberg Limits 7 EA. $67.00 $469.00
Modified Proctor 7 F.A. $206.00 $1,442.00
L.A. Abrasion 7 EA. $262.00 $1,834.00
CBR (Standard) 1 EA. $600.00 $600.00
Densities - Compacted Base Street 176 EA. $34.00 $5,984.00
Densities - Compacted Base C & G 77 EA. $34.00 $2,618.00
Wet Ball Mill 1 EA. $262.00 $262,00
Tria ial Test 1 EA. $1,082.00 $1,082.00
�C
Sampling Charge
HMAC Full Series (per 500 Tons)
Cored -Place Densities (per 1,000LF)
Temperture during Lay -down (Continuous as Needed)
23 EA. $46.00 $1,058.00
23 RA. $502.00 $11,546.00
8 EA. $78.00 $624.00
10 EA. $460.00 $4,600.00
Concrete (Sets of 4; 7,14 & -day breaks)
Curb & Gutter 31 SETS $139.00 $4,309.00
Sidewalk & Curb Ramps 19 SETS $139.00 $,641.00
Driveways 4 SETS $139.00 $556.00
Curb, Post, Grate Inlets & M.H. Risers 8 SETS $139.00 $1,11 2.00
Headwalls 2 SETS $139.00 $278.00
Storm Sewer /San. Sewer/Water Manholes (Cast -in -Place ) 20 SET $139.00 $2,780.00
Rip Rap, Aprons & S.E.`I s 2 SET $139.00 $278.00
Manhole Base/Footing 2 SET $139.00 $278,00
CONCRETE CYLINDER PICKUP FEE 30 Ea. $35.00 $1,050.00
TRANSPORTATION SPORTATIO FEE 250 TRIPS $16.00 $4,000.00
ADMINSTRATION ATI N F E $52.00
GRAND TOTAL $64,744,00
EXHIBIT "A"
Pane 2 of
TERMS AND CONDITIONS TO AGREEMENT
ARTICLE 1. SERVICES: 'SLAB" will:
1.1 Provide only those services requested by "CITY ENGINEER" that, in ,
the opinion
of "LAB ", lie within the technical or professional areas of expertise of "LAB"
which "LAB" is adequately staffed and
q and equipped to perform.
1.2 Perform technical services under the general direction of a licensed engineer
in substantial accordance with the basic veer and
basic requirements of the appropriate
standards of the American Society for Testing and Materials, where applicable,
or other standards designated in writing
�t�n by the "CITY ENGINEER".
1.3 Promptly submit formal reports of tests, inspections and services perfomied indicating, where applicable, compliance with the PROJECT specifications
or
other contract documents. Such reports must be complete and factual citing the
tests performed, methods employed, values obtained, t
y d, and parts of the structure
of THE PROJECT area subjected to any testing.
1.4 Utilize testing equipment which has been calibrated according to appli
cable
standards and: upon request, submit to the "CITY ENGINEER", I EER ", or his authorized
representative, documentation
of such calibration.
Secure representative samples of those materials that the City's Contractor testing, for
proposes to use which re
q ng, together with relevant data concerning
such materials including the point of origin and supplier.
1.5 Consider reports to be confidential, and distribute reports only to those
persons, or agencies specifically designated in writing by the
"CITY
ENGINEER ".
1.6 Retain records relating to services performed for "CITY" for a period of two
following submission of any reports, during p years
p ing which period the records will be made
available to the "CITY" at all reasonable times.
1.7 Pay salaries, wages, expenses, social security taxes, federal and
state
unemployment taxes, and any other similar payroll taxes relating to the services.
ARTICLE 2. CITY RESPONSIBILITIES: City Engineer or authorized will:
ill.
2.1 Provide "LAB" with all plans, specifications, addenda, change orders, approved
shop drawings and other information 9 pp d
r for the proper performance of services by
"LAB ".
2.2 Issue authorization in writing giving "LAB" free access to THE PROJECT i
s or yards where materials s te:
and to all shops � oriels are prepared or stored.
2.3 Designate in writing those persons or firms which will act as the "CITY' s"
representative with respect to "LAB'S" services to s
be performed under this
AGREEMENT and which must be promptly notified by "LAB" when it appears
that materials tested or inspected are in non -c pp
or�pliance. only the "CITY
ENGINEER" or his designated representative have authority to transmit
instructions, receive information and data, interpret and define the CITY' policies
and decisions with respect to THE PROJECT. "LAB" acknowledges that certain "CITY" representatives may have different types of authority ny corcernirg
THE
PROJECT.
(Revised January 1998)
Exhibit "B"
Page 1 of
2.4 Advise "LAB" sufficiently in advance of any operations so as to allow for
assignment of personnel by "LAB" for completion of the required services. Such
advance notice will be in accordance with that established by mutual agreement
of the parties.
2.5 Direct THE PROJECT contractor, either by the Construction Contract or direct
written order to:
(a) Stop work at the appropriate times for "LAB" to perform contracted
services;
(b) Furnish such labor and all facilities needed by "LAB" to obtain and
handle samples at THE PROJECT and to facilitate the specified
inspection and tests;
(c) Provide and maintain for use of 'LAB" adequate space at THE
PROJECT for safe storage and proper curing of test specimens which
must remain on THE PROJECT site prior to, during, and up to 60 days
after testing.
ARTICLE 3. GENERAL CONDITIONS
3.1 "LAB ", by the performance of services covered hereunder, does not in any way
assume, abridge or abrogate any of those duties, responsibilities or authorities
with regard to THE PROJECT which, by custom or contract, are vested in THE
PROJECT architects, design engineers, or any other design agencies or
authorities.
3.2 "LAB" is not authorized to supervise, alter, relax, enlarge or release any
requirement of THE PROJECT specifications or other contract documents nor to
approve or accept any portion of the work. "LAB" does not have the right of
rejection or the right to stop the work. "CITY ENGINEER" will direct THE
PROJECT contractor to stop work at appropriate times for "LAB" to conduct the
sampling, testing, or inspection of operations covered by the AGREEMENT.
ARTICLE 4. FIELD MONITORING G At D TESTING
4.1 "CITY" and "LAB" agree that "LAB" will be on -site to perform inspections for
contracted services. The "CITY" and "LAB" also agree that "LAB" will not assume
responsibility for PROJECT Contractor's means* methods, techniques,
sequences or procedures of construction, and it is understood that the final
services provided by "LAB" will not relieve the PROJECT Contractor of his
responsibilities for performing the work in accordance with THE PROJECT plans
and specifications. For the purposes of this AGREEMENT, the word "inspection"
is used to mean periodic observation of the work and the conducting of tests by
"LAB" as specified in the AGREEMENT. Continuous monitoring by "LAB" or its
subcontractors does not mean that "LAB" is approving placement of materials.
Inspection is not and should not be construed to be a warranty by "LAB" to the
"CITY" or any other party.
(Revised January 1 998)
Exhibit "B"
Page 2 of 3
4.2 Samples collected or tested by "LAB" remain the property of the "CI • .
y T#' while �n
the custody of the "LAB". "LAB" will retain the samples for a period of
following the date of submission � days
lion of any report related t the sample. Following
the retention period, "LAB" will dispose of non - hazardous samples, an
hazardous, acutely toxic, or r � � return
] t radioactive samples and samples containers and
residues to "CITY ". "CITY" agrees to accept such samples and
containers. samples
ARTICLE 5. STANDARD OF CARE AND WARRANTY
Services performed by "LAB" will be conducted in a manner consistent with that
level of care and skill ordinarily exercised by reputable members of the
profession currently practicing under similar conditions in the same locality.
other warranty either expressed No
p d or implied is made or intended by the
AGREEMENT or any reports. "LAB" will not be responsible for the interpretation
or use by others of data developed " LAB ed b tatron
"LAB".
ARTICLE 6. SAFETY
"CITY" and "LAB" agree that, in accordance with the generally accepted
construction practice, the PROJECT'S � eptd
�T S general contractor will be solely and
completely responsible for working conditions on THE PROJECT, including
safety of all persons and property during the performance
g ofthworl'c; and for
compliance with all municipal, state, and federal laws, rules and regulations,
including OSHA. The duty of "LAB" in rovidin
P g services is not, therefore, to
include any review of, or responsibility for, the adequacy of the PROJECT'S EST �
general contractor's safety measures in, on, or near THE PROJECT site.
ARTICLE 7. INVOICES AND PAYMENT
"LAB" will submit progress invoices to "CITY ENGINEER" months and
invoice upon completion of services. ]� final
p . Each invoice is due and payable by "CITY"
within 30 days of receipt and approval to pay by the City Engineer.
ARTICLE 8. EXTENT OF AGREEMENT
8.1 This AGREEMENT, T, including Exhibit "A" and these terms and conditions,
represents the entire AGREEMENT
ENT between "CITY" and "LAB" and supersedes
all prior negotiation, representations or agreements, written or oral. This
AGREEMENT T nay be amended only by a written
n �nstrurnent signed by duly
�r
authorized representative of "CITY" and "LAB". If any conflict occurs between
these terms and conditions and this AGREEMENT, these terms and conditions
thes
are controlling.
8.2 In the event that any one or more of the provisions contained r
AGREEMENT are for any d �n this
reason held invalid, illegal or unenforceable in any
respect, the remaining terms will be in full effect and this AGREEMENT will be
construed as if the invalid or unenforceable matters were never included in this
AGREEMENT. No waiver of any default will be a waiver of any future default.
8.3 Neither party will assign this AGREEMENT without the express written approval
of the other, but "LAB" subcontract A � p oval
a
ntract laboratory procedures as "LAB" deems
necessary to meet the obligations of this AGREEMENT.
(Revised January 1998)
Exhibit "B"
Page 3 of
ltmeminsotassie
City of
Corpus
Chnsti
CITY OF CORPUS CHRISTI
DISCLOSURE OF INTERESTS
City of Corpus Christi Ordinance 1 7112, 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
"N/A".
FIRM NAME: Rock Ergineering24, Testing Labaratory, I .
STREET: 4910 I eptune Streit CITY: Core us Christi ZIP: 78405
FIRM is: 1. Corporation X 2. Partnership_ 3. Sole Owner 4. Association
5. Other
DISCLOSURE QUESTIONS
If additional space is necessary, please use the reverse side of this page or attach separate sheet.
1. State the names of each employee of the City of Corpus Christi having an ownership interest constituting
3% or more of the ownership in the above named firm.
Name Job Title and City Department (if known)
N/A
2. State the names of each official of the City of Corpus Christi having an ownership interest constituting 3%
or more of the ownership in the above named firm.
Name
N/A
Title
3. State the names of each board member of the City of Corpus Christi having an ownership interest
constituting 3% or more of the ownership in the above named firm.
Name Board, Commission or Committee
N/A
4. State the names of each employee or officer of a consultant for the City of Corpus Christi who worked on
any matter related to the subject of this contract and has an ownership interest constituting 3% or more of
the ownership in the above named firm.
Name
N/A
Consultant
CERTIFICATE
I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly
withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the
City of Corpus Christi, Texas as changes occur.
Certifying Person: Curtis
ype or
Signature of Certifying hers
Title: Business Development Mara • er
Date: 4ioi
EXHIBIT "C"
Page 1 of 2
DEFINITIONS
a. Board Member. A member ber of any board, commission or committee appointed City
Corpus Christi, Texas. pp rued y the qty Council the City of
b. Employee. Any person employed by the City of Corpus Christi, Texas
an independent contractor. p , either on a fair or part time basis, but not as
c, Firm. Any entity operated for economic gain, whether professional, industrial to produce or deal with a product or service, including r�dtr�al or commercial and whether
of sole proprietorship, as self-employed ed l�rd�r�g ��� not limited to, entities operated in the form
receivership or trust p .. person, partnership, corporation, joint stock company, joint venture, entities which, for purposes of taxation, are treated as non-profit r are}
organizations.
d. Official. The Mayor, members of the City Council, City Manager, Deputy Ci
t anar# Assistant City Managers, Dpartrent and Division Heads and Municipal Court Judges of the City
of Corpus Christi, Tes,
e. Ownership interest. Legal or equitable interest, whether actually or constructively held, in a firm, including when
such interest is held through n agent, trust, estate or holding n�rt. Constructively held refers to holding or established through voting trusts, proxies or
special terms of venture or partnership agreements.
f. Consultant. Any person or firm, such as engineers and architect
purpose of professional consultation and re om� endatior� s: hired by the City of Corpus Christi for the
.
EXHIBIT "C"
Page 2 of 2
16
CITYC�UNCIL
AGENDA MEMORANDUM
City Council Action Date: July 17, 2007
AGENDA ITEM:
Amending Chapter 14 "DEVELOPMENT SERVICES," Article XIII "DEVELOPMENT SEES" Division 4 "PLATTING ORDINANCE FEES,"
14-1341 "PLATTING
ORDINANCE I ANCE FEES," and Chapter 1 "FINANCE CE AND TAXATION," Article I "" �a
Section 17-20 ;`LEASE AGREEMENT � 11 GENERAL,"
ENT FEES," and Chapter 49 "STREETS AND
SIDEWALKS," S," Article 1 "1N GENERAL," Division 1 "GENERALLY," Section "
TO COUNCIL T ESTABLISH 4 -1 � PETITION
CLOSE STREETS, ETC.," and Section 49-13 "REQUEST
FOR CLOSING OR ABANDONMENT F EASEMENT," and Division 2 "TEMPORARY
CLOSURE OF STREETS," Section
4 -1 "ISSUANCE OF PETITS, CLASSIFICATION OF
EVENTS" TS» o the Code of Ordinances, City of Corpus Christi, to increase or
related to Neighborhood Block Parties Plat stablish fees
at Variances, Street and Alley Closures, Easement
Abandonment or Closure, Lease Agreements, Participation Agreements,
F
Reimbursement Agreements; Providing for aid
ISSUE:
Amending the Development Services Fee Schedule based on the Cost of
undertaken in an effort to allow Service study, which was
the Development Services fund to become a true Enterprise fund less
:reliant on the General Fund. f
Attachments:
Background Information
let�l.l� 1 V Jed
Debbie A. Marroqu n, P.E.
Interim Director of Develop ent Services
AGENDA MEMORANDUM
ADDITIONAL BACKGROUND INFORMATION
SUBJECT: Amending Development Services Fees
BACKGROUND: The City of Corpus Christi has been striving to improve service and the
development process. The primary focus of the improvements has been centered on
providing customers with a timely, predictable, reliable and consistent development
process.
Stakeholders and staff have worked together to identify priorities and create a work
program that includes changes to current business processes, the customer service
culture, project management, updating the development codes, online services, physical
space enhancements, performance measurement, and the organizational structure.
It has been clear throughout the work program effort that having appropriate staffing
resources and tools to perform the workload activities is essential to meeting the
customer's expectations. Understanding the cost of providing services and the appropriate
allocation of staffing resources based upon the workload mix is crucial for success. As a
result, a Cost -of- Service Study and Fee Analysis was undertaken to calculate the current
system demand. Based on preliminary information gathered to date, current resources and
staffing do not meet current demand and as a result, predictability, customer service, and
communication have suffered.
The City of Corpus Christi entered into agreement with Horizon Centre, Inc.
(Consultant) to assist in the development review system assessment. One of the major
issues was that of available funding for a proper allocation of staff resources. With the
consultant's guidance, a Staff Action Team compiled all assessed fees within the
Development Services. In June 2006, the Cost of Service Study was submitted by Horizon
Centre, Inc. Preliminary information submitted reflected a large revenue deficiency.
In January 2007, staff started discussion of the first grouping of fees with the
Development Services Advisory Group (DSAG). Staff then reconvened with the Staff
Action Team to review and update the Cost of Service Study. In May 2007 DSAG
approved recommendation of Group 1 fee increases, which are included in the Proposed
2007 -2008 Budget. In June 2007, DSAG approved recommendation of Group 2 fee
increases, which increase or establish fees related to Neighborhood Block Parties, Plat
Variances, Street and Alley Closures, Easement Abandonment or Closure, Lease
Agreements, Participation Agreements, and Reimbursement Agreements.
Page 1 of 1
Page 1 of
AN ORDINANCE
AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," " ARTICLE XIII
"DEVELOPMENT SERVICE FEES" DIVISION 4 "PLATTING ORDINANCE
FEES," SECTION '1 #1341 "PLATTING ORDINANCE FEES,"
"FINANCE AND
CHAPTER 17 FINANCE AND TAXATION," ARTICLE 1 "IN ENERAL, "
SECTION 17-20 LEASE AGREEMENT FEES," AND CHAPTER ,
"STREETS AND SIDEWALKS," ARTICLE 1 "IN GENERAL," DIVISION
"GENERALLY," SECTION 49 -12 "PETITION TO COUNCIL C1L To
ESTABLISH OR CLOSE STREETS, ETC.," AND SECTION
"REQUEST FOR CLOSING OR ABANDONMENT NMENT of EASEMENT,"
AND
DIVISION 2 "TEMPORARY CLOSURE OF STREETS," SECTION
"ISSUANCE OF PERMITS; CLASSIFICATION OF EVENTS"
OF THE
CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE OR
ESTABLISH FEES RELATED TO NEIGHBORHOOD BLOCK PARTIES,
PLAT VARIANCES, STREET AND ALLEY CLOSURES, EASEMENT
ABANDONMENT OR CLOSURE, LEASE AGREEMENTS, PARTICIPATION
AGREEMENTS, AND REIMBURSEMENT AGREEMENTS;
PROVIDING
FOR SEVERANCE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 14 "Development Services Services," Article "Development XI II I De�relorent eerie
Fees, Division 4 "Platting Ordinance Fees," Section 4 -13 ;` • fees" "Platting ordinance of
the Code of Ordinances is amended to read as follows:
Sec. 14-1341. Platting ordinance fees.
This division sets the amounts of the fees required the
� by platting ordinance.
TABLE INSET:
PLATTING ORDINANCE FEES AMOUNT OF FEE
Platting application
Type I or IA < 1 acre
$17L00
Type I or IA 1 -- 5 acres
X1.00
Type 1 or IA > 5 acres
Type II or IIA 1 acre � ..
Type II or IIA 1 >= 5 acres
$92.00
Type II or CIA > 5 acres $896.00
Type III or IIIA < 1 acre J $48.00
H:ILE -DII I hared\ ar Slagendal20 17-1 lord -Amend cl -Dev rc -Fee increa e GP2.doc
Page 2 of 5
Type HI or IIIA 1 >= 5 acres
Type III or If IA > 5 acres
Application to extend a plat
Application to plat single lot subdivision by Engineering Services
Deposit for review of deed or surveyor field notes
$48.00
Hardship variance application fee
Platting appeal application fee
Pori i
$48.00
$30.00
Mitp._,greement
Infrastructure trust fund lot & acreage fees
Lot fee for water infrastructure
$60.OQ
$50.00
$-5�00 160.00
$50.00
$O.OQ
Acreage fee for water infrastructure
Surcharge for water infrastructure
Lot fee for water infrastructure for single - family or duplex
$186.00
$741.00
Acreage fee for water infrastructure for single - family or duplex
Surcharge for water infrastructure for single - family or duplex
Water distribution line front foot pro rata fee
Pnc water tap fee
$125M0
$92.00
$369.00
$17100
$7.53
Pnc lot fee for water infrastructure
PM acreage fee for water infrastructure
Lot fee for wastewater infrastructure
Acreage fee for wastewater infrastructure
$480.00
$480.0O
Surcharge for wastewater infrastructure
$1,20. 0
$283OO
$I,133.00
$200.00
Collection line front foot pro rata fee
Lot fee for storm water infrastructure
$8.79
$0.00
Acreage fee for storm water infrastructure
Surcharge for storm water infrastructure
Front foot pro rata charge
Request for lot/acreage fee exemption determination
$0.00
$0.00
Reimbursement a eery ent
Recording fees
$0.00
$6OE00
$535.0O
City's actual costs
ALEG-DIMS h a red‘Ga ryMage n 1 0 717 -'171 rd- e ndS er I4 -O g r e -f ee sin crease GP2.doc
Page 3 of
SECTION 2. Chapter 17 "Finance and Taxation," Article 1 "In General" of the Code of
Ordinances is amended by adding a new section to be numbered Section 17 -20 and
entitled "Lease agreement fees," which shall read as follows:
Sec. -2 ■ Lease agreement ent fees.
Upon request of any person to rent or lease real proprty from the City, such
person shall my to the Gi a lease agreement a icatl n fee In the amount
of $600E00.
SECTION 3. Chapter 49 "Streets and Sidewalks," Article 1 "In General," Division 1
"Generally," Section 14-12 "Petition to council to establish or close streets, etc.," of the
Code of Ordinances is amended to read as follows: •
Sec. 9 -12. Petition to council to establish or close streets, etc.
(b) Each request shall be accompanied by the payment of a nonrefundable
application fee in the amount of five hundred #hirty dollars ($5OQOO53�OO) to
cover the expense of administrative processing and a fee of seventy -five
dollars ($75.00) to cover all notification and legal publication costs incurred
by the city. The seventy-five dollars ($75.00) fee will be refunded if the
processing of the applicant's request does not reach the notification and
publication stage and the city does not incur such expenses.
SECTION 4. Chapter 49 "Streets and Sidewatks," Article i 'in General," Division 1
"Generally," Section 14-13 "l equest for closing or abandonment of easement," of the Code
of Ordinances is amended to read as follows:
sec. 49-13. Request for closing or abandonment of easement.
Upon filing of such request, as provided in this section, an application
fee shall be made with the city engineer of the sum of five hundred this
dollars $ . to cover the expense of processing the request.
SECTION 5. chapter 49 "Streets and Sidewalks," s," Article 1 "In General," Division 2
"Temporary Closure of Streets," Section 14 -1 "Issuance of permits; classification of
events," of the Code of Ordinances is amended to read as follows:
sec. 49-16. Issuance of permits; classification of events.
:I EG -DI l hared\ ar Mager dal 07'1 -171 rd- me d 1 -Q r rres -Fe lr r a GP2.doc
Page 4 of 5
Upon the review and recommendation of the application by the city,
permits may be issued for the temporary closure of a street or streets in the
following manner:
(a) events. For neighborhood events at which no
admission is charged and no items are sold and which require the
closure of residential neighborhood streets for less than twelve (12)
continuous hours, permits may be granted by the city manager or his
designated representative. Notice of the granting of such permits shall
be provided the city council. A permit application fee of forty one
hundred ten dollars $110.0 is required for such events.
* * *
SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or
p rovision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
H:I LEG -DIRT h reth r la a dal 2007 7-1 r -Amend 1 -D r -F sln rea GP2.doc
Page 5 of 5
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the
day of �, 20r by the following vote:
Henry Garrett Priscilla G Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel! Michael McCutchon
Bill Kelly
APPROVED AND PASSED on this day of , 200 7.
ATTEST:
Armando Chapa, City Secretary Henry Garrett, Mayor
APPROVED: July 11, 2007
Ga Smith
Assistant City Attorney
For City Attorney
H:1 LEG -DI \Sh r d‘ ary \ agenda\ 20071 ;1 "V rd- mendse 14 -D vc -Ee In r as .do
17
CITY COUNCIL
AGENDA MEMORANDUM
July 17, 2007
AGENDA ITEM:
An ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year
beginning August 1, 2007; to be filed with the County Clerk; appropriating monies as
provided in the budget; and providing for severance.
ISSUE:
The City Charter requires the City Council adopt the annual operating budget
appropriating proposed revenues and expenditures prior to August 1St of each
year.
BACKGROUND:
The proposed FY 2407 -08 Operating Budget was submitted to Council on May
29, 2007. Subsequently, the Council has received four presentations covering
various departments, funds and issues.
FUTURE COUNCIL ACTION:
July 24, 2007 — Second reading of Ordinance adopting the City of Corpus Christi
Operating Budget for FY 2007-08, to be amended as needed subject to receipt of
Certified Tan Roll from Nueces County Appraisal District.
REQUIRED COUNCIL ACTION:
Approval of Ordinance as submitted.
Eddie Houlihan
Assistant Budget Director
AID ORDINANCE
ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING
FISCAL YEAR BEGINNING AUGUST 1, 2007; TO BE FILED WITH THE COUNTY
CLERK; APPROPRIATING 1 MONIES AS PROVIDED IN THE BUDGET; AND
PROVIDING I G FOR SEVERANCE.
WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section
2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the
revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal
year beginning August 1, 200 7, and ending July 31, 2008, and which Budget Proposal had
been compiled from detailed information from the several departments, divisions, offices of the
City, in accordance with the City Charter provision referenced above; and
WHEREAS, the members of the City Council have received and studied the City Manager' s
Budget Proposal and have called and held the proper hearing in accordance with Section
102.006, Texas Local Government Code, on the Budget Proposal; and
WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi,
Texas, the City Council must appropriate such sums of money as provided in the Budget.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS
CHRISTI, TEXAS:
SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures
amounting to $588O9O,5O2 and estimated revenues amounting to $598700,155 for the Fiscal
Year beginning August 1, 2007, and ending July 31, 200 8, as submitted by the City Manager,
with modifications directed by the City Council and recorded in its minutes being incorporated
by reference, is adopted.
SECTION 2 That upon the passage of this ordinance certain sums of money from all sources
of City revenues, as described in the Budget, shall be and they are appropriated to cover the
sums for expenditures and investments as provided for each of the several funds in the
attachment to the City Manager's Message (entitled City of Corpus Christi Summary of
Expenditures FY 2007 -2008) of the Budget of the City, as modified by the City Council.
Notwithstanding any other provision to the contrary, the City Manager is authorized to make
transfers within departments, divisions, purposes, or funds, provided it is in accordance with
applicable law.
SECTION . Police Officer Positions
The number of positions budgeted for each police officer classification in the Police Department
shall be:
FIALE - DIR\Lisa\Ordin n e 00 \FYO -OB Budget.doc
Police officer and senior police -
. i ���e offer 389*
Police Lieutenant - 36
Police Captain •- 15
Police Commander
Assistant Police Chief - 1
Police Chief - 1
FY07-08 TOTAL 448
* These positions are ante •
interchangeable. An police ]�i��y�� police
officer after 30 months' # � officer ■ f f� become a senior
pass/fail exam. This
temporarily increased graduates from a police academy authorized y /// � which increase shall be reduced authorized strength th through attrition
SECTION 4. firefighter • .
��t�ns
The number of positions budgeted for each firefighter in shatl gss�f�cann the Fire
be:
Firefighter - 134*
Firefighter fl -EMS — 97
—
Firefighter 11Engineer -
Fire Captain - 78 •
Battalion Chief - 10
Assistant Fire Chief - 4
Deputy Fire Chief - 1
Fire Chief - 1
FY 7 -08 TOTAL 395
'phis number may he temporarily increased graduates authorie by the ] from fire academy
City Manager, which temporary strength i . porary increase shall be reduced to
ngth through attritUon#
SECTION That upon final passage of this budget
this same ordinance g ordinance, a true certified
oe shaif be transmitted the copy of
Nueces C by City Manager to the County Texas, pursuant to Section nfi bier of
the 102.01 , Texas Local budget shai� also e a Government Dode#
part of the archives of the City.
SECTION If for any r section, y eason any section, pars ra - ■
word or provision of g � subdivision, clause, phrase, ordinance shall be held . i e,
juclgment invalid or unconstitutional
of court ofon competent jurisdictjon, nal y anal
, it shall not affect
paragraph, subdivision, clause, i # this other section,
, phrase, word or provision of
definite intent of this this r�nano, for it is the Council it that every section, e
phrase, word • • - i �` ot�on, paragraph, subdivision,
rd or provision �n this ordinance � clause,
nce a given full force and effect for 4 purpose.
H:LE -DI Ibis l rdinance OO Y07- 8 Budget4o
n ordinance was read for the firs
That the foregoing �, by Mioin Grote,
reading on this the day of
Priscilla cilla G. Leal
John E. Marez
Nelda Martinez
Henry Garrett
Melody Cooper
Larry Eli ondo, Sr.
Mike Hummell
Bill Kelly
. � time and passed finally on this
ordinance was read for the second That the foregoing ord
the day of
2007, by thefollowing vote:
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchOrl
Henry Garrett
Melody Cooper
Larry Eli ondo, Sr.
Mike Hummell
Bill Kelly
Michael McCutchon
PASSED
AND APPROVED, this the day of 2007.
ATTEST:
Armando Chapa Henry Garrett
City Secretary Mayor
APPROVED as to form: July 12, 2007
By:
Lisa Aguilar
Assistant City Attorney
For City Attorney
18
CITY COUNCIL
AGENDA MEMORANDUM
City Council Action Date: 711712007
AGENDA ITEM: AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39403,
STANDARD CLASSIFICATIONS, . PAY GRADES, AND RANGES REGARDING FAIR LABOR
STANDARDS ACT OVERTIME ELIGIBILITY AND PAY PLAN RANGES; REVISING SECTION 39-
30, CLASSIFIED SERVICE DEFINED TO CLARIFY PAY PLANS EXEMPT FROM CLASSIFIED
SERVICE; REVISING SECTION 39-309, EMPLOYEE COVERAGE UNDER THE CITY'S PRIMARY
GROUP HOSPITALIZATION PROGRAM FOR ELIGIBLE EMPLOYEES TO ADD MEMBERS OF THE
CITY COUNCIL; REVISING SECTION 39-320, FUNERAL BENEFIT FOR EMPLOYEES WHO DIE
WHILE ON DUTY DUE TO ON-THE-JOB INJURIES TO ADO AN EXCEPTION FOR POLICE
E
OFFICERS COVERED BY COLLECTIVE BARGAINING AGREEMENT; REVISING SECTION 39-363,
NEPOTISM TO ADD A PROVISION REGARDING IMMEDIATE SUPERVISORS; RS; REPEALING
SECTION 39464, EMPLOYEE APPEAL PROCESS FOR CLASSIFICATION AND COMPENSATION
SYSTEM; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES
AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND
PROVIDING IDING F R SEVERANCE.
Eroposed Revisions to Chapter 39 of the CiV_OfSorpus Christi's Code of Ordinances
to Reflect Proposed Revisions to L no
Each year a "housekeeping" Ordinance is prepared for the City Council to:
Revise Pay Plans in Code of Ordinances, Chapter 39, Personnel, Sec. 39-303, Standard
Qifrssifications. Pay Grades and Ranges, to reflect pay increases, if any, and to include or e lude
Council-Appointed positions, as directed by the City Council;
Revise language in Code of Ordinances, Chapter 39, Personnel, if any, to lari f! add, delete,
update administrative rules and provisions related to compensation, classification, benefits, etc.
See Background Information Section for proposed revisions.
REQU1REDCOUNCILACTIQN: Request ing City Council roval of revisions tc ` . ., approval the City of
Corpus Christi's Code of Ordinances, as amended, Chapter 39, Personnel, for administration of the
Compensation & Classification Plan for FY 2007-08.
CONCLUSION AND RECOMMENDATION: It is recommended that the City Council
• ty approve the
proposed revisions to the Code of Ordinances, Chapter 39 Personnel, which support this goal for FY
2007 -2008.
Cynt "ia C. Garcia, Director of Human Resources
BACKGROUND INFORMATION
1. Proposed Revisions T Chapter 39 of the Citv's Code Ordinances:
a. Revision n of Section 39 -303, Standard Classification Pay Plans, Pav Grades, and_F angel, to
provide pay structure movement, and a general pay increase to eligible Pay Plans, based on
market study.
b. Revision of Section 39 -3O4, Classified Service Defined, to clarify Pay Plans exempt from
classified service.
c, Revision on f Section 39 -309, Empl vee Covers a Under The City's Primary Grojig
Hospitalization Pro rare For Ell ibis Em l eest to reflect eligibility of City Council Members to
participate in the group health insurance plan the same as full- time employees.
d. Revision of Section 39 -320, Funeral Benefit For Ern loo Tees Who Die While On Duty Due To
On-The-Job Injuries, to add an exception for Police Officers covered by collective bargaining
agreement.
e. Repealing Section 39 -364, Employee Appeal Process For Classification and Compensation
System, to delete language in conflict with City policy.
f. Revision of Section 39 -363; Nepotism, to clarify expectations regarding supervision of relatives.
11. compensation and Clas ificati n
a. Compensation and Classification Study in 2001 -2002
In F Y 2002-2003, the City of Corpus Christi successfully implemented the Compensation
Classification Study conducted in FY 2001 -2002 to meet departmental business objectives,
such as:
• Replacing it g the City's aging, obsolete system;
• Attracting and retaining qualified employees;
• Supporting re- engineering efforts for the Departments of Water, Wastewater, Storm
Water, Gas, Streets, Solid Waste Services, and the Park Maintenance Division through
development and implementation of shill -based pay systems;
• Providing solutions for citywide compensation issues such as, internal equity of jobs
within designated pay grade levels;
• Designing competitive pay plans;
• Prcviding+the Council with an affordable phased -in implementation plan that began FY
2002-2003.
The City of Corpus Christi's goal is to reach 100% of competitive labor market rate for like
positions with a phased -in approach, as guided by annual surveys.
b. Phase 1 Implementation in FY 2002-2003
In FY 2002 -2003, the new Compensation and Classification Plan was implemented. Most
employees received a pay increase based on a pay range in each pay plan that was adjusted to
reflect a mid -point pay level that was approximately 90% of the competitive labor market rate.
In the transition in FY 2002-2003 of employees into the new Pay Plans, 86% of the
implementation dollars went to Non-exempt (overtire eligible) employees lar ei 1 due to
bringing eligible employees up to the minimum of the new pay plan ranges. Other employees
received �
pay adjustments ranging from 1 o to 2.3% based on a combination of longevity and
location of their pay in the new ranges at time of transition.
c. Phase 11 Implementation in FY 2003 -2004
Effective July 28, 2003, all Pay Plan Structures in Sec. 39-303 of the City f Corpus Christi's
Code of Ordinances received a 3% increase to pay range minimums and midpoints to adjust
p adjust structure from 90% to 93% of market, and a 2% increase to maximums needed to maintain
market at 100 %. Employees in those Pay Plans were granted a 3% pay increase, except for
employees at the maximums of their pay ranges who received a 2% pay increase and remained
at the maximum of the range as a result of the increases.
Effective December 1, 2003, all Pay Plan Structures in Sec. 39-303 received a 2% increase to
pay range minimums and midpoints to adjust the structure from 90% to 3% of market, and 0%
increase to maximums that were adjusted to 100% of market effective July 28, 2003.
Employees in those Pay Plans were granted a 2% pay increase, except for whc had
reached � p
d the maximums of their pay ranges and had been at 100 o of market since July 28,
2003.
d. Phase!!! Implementation in FY 2004 -2005
Effective July 26, 2004, a 3% pay increase was concurrently implemented as follows:
(1) granted to employees assigned to Pay Plan Structures in Section 39-303 of the City's Code
of Ordinances, and
granted to minimums and maximums of pay structure ranges to all Pay Plans in Section 3-
303.
This increase was applied to Council Appointed Positions.
e. Phase IV Implementation in FY 2005 -2006
Effective August 8, 2005, (1) non-exempt pt employees in Pay Plan 100 Skill Based Pay and Pay
Plan 900 Non-Exempt (Overtime Eligible) in Section 39 -303 of the City's Code of Ordinances,
were granted a 2.25% pay increase, and (2) pay structure range minimums and maximums in
the pay plans described above, were adjusted by 2.25%, as well.
f. Phase V Implementation in FY 2008.2007
There was no adjustment to the pay plan ranges in the fiscal year budget for 20006-2OO7,
although the City continued to monitor its market position.
Proposed Pay Structure and Pay Increases in 7408
The fiscal year budget 2007 -2008 proposes that effective August 6, 2007:
1 employees in Pay Plan 100 Skill Based Pay, Pay Plan 300 Police and Fire Managerial,
Pay Plan 400 Executives, Pay Plan 500 (a) and (b) Legal /Attorneys, Play Plan 600
Exempt, Pay Plan 700 information Technology, Pay Plan 800 Information Technology,
Pay Plan 900 Non-Exempt, and Pay Plan 1000 Engineers Engineering Services in
Section 39 -303 of the City's Code of Ordinances will be granted a 3. 0% pay increase,
and,
(2 ) pay structure range minimums and maximums in the pay plans described in (1) above,
except Pay Plans 700 and 800 Information Technology, will be adjusted by 3.0% as well,
in an effort to maintain market position. Midpoints for Pay Plans 700 and 800 Information
Technology are recalculated to reflect the true midpoint, as all pay plans have.
Additionally, a limited Performance- Based/Merit Pay Program is proposed for FY -
2008 for employees in Pay Plan 300 Police & Fire Managerial, Pay Plan 400 Executives,
Pay Plan 500 (a) and (b) Legal Attomeys, Pay Plan 600 Exempt, Pay Plan 900 Non-
Exempt, and Pay Plan 1000 Engineers Engineering Services effective March 3, 2008.
(3)
111. status of Skillaased Pay Development and Implementation
r# Pilot Project for skill -Based Pay (SBP) for Water Production Technician (0. N. Stevens
Water Plant} and Wastewater Treatment Technician (Wastewater Treatment Plants)
Skill -Eat Pay Programs support reengineering and the development of multi- skilled workers
through rewarding employees who continuously learn and acquire increasingly complex core
skills required for a department to meet its business objectives.
The Skill -Based Pay (SBP) Pilot Project for Water Production Technician (0. N. Stevens Water
Plant) and Wastewater Treatment Technician (all Wastewater Treatment Plants) was
implemented on August 11, 2003. This Pilot effort provided opportunities to work through
problems and issues to successfully implement and track employees' development.
Approximately 90% of SBP training is received on the job.
Skill -Based Pay programs reward employees with compensation based on attainment of core
skills instead of position titles held. This type of compensation program supports re- engineering
through development of highly skilled workers to operate complex facilities, such as the 0.N.
Stevens Water Plant and the multiple Wastewater Plants in Corpus Christi. Employee
ye
compensation is based on attainment of proficiency on sets of skills and meeting other pay
advancement criteria, e. . "Meets Expectations" .
, time Epetatins Performance Evaluation and no disciplinary
actions in specified time period. Pay advancements are automatic p n the employee
completing all requirements.
The Work Management System MA IM used by the Water and Wastewater Departments eats i
being interfaced with the Pe pleS ft Training Module in the City's Human Resources/Payroll
System. Work Coordinators (supervisors), Planner /Schedulers and Skill-Ba Crdrn � Skill-Based Pay
Coordinators work closely employees and each other t ensure that training opportunities
on required skills will be available. training Computerized reports trainin progress
through Work Orders will facilitate administration of the Skill -Based Pay Program.
The City of Corpus Christi's Skill-Based Pay Programs provide career opportunities h pp s for local
school or GED graduates to enter a career path, such as a Water Production Technician,
Wastewater Treatment Plant Technician, or other titles that will result from ntin i
uatrn of skill-
based pay development. Skill -Based Pay offers competitive wages for being multi-skilled `
• � • g led rn a
complex area of City operations. In addition, the City's Pilot Skill -Based Pay System provides
for hiring � des
applicants above minimum of the range with demonstrated skills and a valid ICEQ
license to operate a Water Production Plant or Wastewater Treatment Plant since
skill
proficiency determines compensation in a skill -based compensation p lan.
Effective June 28, 2004, the Water Distribution Technician, Wastewater Collections technician .
and Water Supply Technician were rolled into the SBP program.
b. Metro -Corn Technician P lice /Fjre EMS Dispatchers) Implemented Effective April 19,
2004
With the pay check of April 19, 2004, the City of Corpus Christi's Police /Fire /EMS Dispatchers
were transitioned from their existing Pay Plan into SBP with the new title of Metro-Com
Technician.
c. SBP for Storm Water and Gas Departments
Effective February 7, 2005, the Gas Department went live on SBP with three tracks; Gas
Construction Technician, Gas Operations and Measurement Technician, and Gas Service
Maintenance Technician. The Storm Water Department went live with one track Storm m vater
M&O Technician. '
d. Planned SBP implementations in FY 2006 -2007
Departments scheduled for SBP in FY 2006 -2007 include: Park Maintenance Streets and
Solid Waste Services. '
IV. Status of Competency Based Career Ladders
• IT Career Ladder implemented in January 2005.
• Work Coordinator Career Ladder implemented 09/01/2006.
• Identification Career Ladder implemented 02/19/2007 for Police Department Multi Media
Specialist, Crime Scene Investigator and Examiner.
The City continues to evaluate each pay plan to see which program is most appropriate for the
function, Skill Based Pay or Competency Based Career Ladders.
Ill. Ernplotte Costs for u Health Plan Benefits in FY 2007 -2008
City health insurance premiums for Citi are, Citicare Basic, Citicare Public Safety and Citicare Fire
plans will remain constant for the plan year. The City of Corpus Christi, like employers' nationwide,
continue to battle rising medical and prescription drug costs.
The Dental plans are not subsidized by the City. The Dental Expanded benefit plan premiums are
being increased effective 08/01107 to cover costs of the plan.
Employee Only
Employee & Spouse
Employee & Children
Employee & Family
Current Premium New Premium 08/01/2007
$17.95
$35.89
$27.92
$4$.85
$19.75
$39.48
$30.71
$53.74
ORDINANCE
AMENDING THE CODE OF ORDINANCES BY REVISING SECTION 39-
3Q3, STANDARD CLASSIFICATIONS, PAY GRADES, AND RANGES
REGARDING FAIR LABOR STANDARDS ACT OVERTIME ELIGIBILITY
AND PAY PLAN RANGES; REVISING SECTION 39 -304, CLASSIFIED
SERVICE DEFINED TO CLARIFY PAY PLANS EXEMPT FROM
CLASSIFIED SERVICE; REVISING SECTION 39 -349, EMPLOYEE
COVERAGE UNDER THE CITY'S PRIMARY GROUP
HOSPITALIZATION PROGRAM FOR ELIGIBLE EMPLOYEES TO ADD
MEMBERS OF THE CITY COUNCIL; REVISING SECTION 39 420,
FUNERAL BENEFIT FOR EMPLOYEES WHO DIE WHILE ON DUTY
DUE TO ON-THE-JOB INJURIES TO ADD AN EXCEPTION FOR
POLICE OFFICERS COVERED BY COLLECTIVE BARGAINING
AGREEMENT; REVISING SECTION 39 463, NEPOTISM TO ADD A
PROVISION REGARDING IMMEDIATE SUPERVISORS; REPEALING
SECTION 39 -364, EMPLOYEE APPEAL PROCESS FOR
CLASSIFICATION AND COMPENSATION SYSTEM; REPEALING ALL
OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES
AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING
FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
CORPUS
CHRISTI, TEXAS:
SECTION 1. Chapter 39, PERSONNEL, Article 111. Employee Ce
Compensation and
Classification System of the Code of Ordinances of the City Corpus Christi, t� bus �hr�st�, Teas,
Section 39-303, is amended to read as follows:
ARTICLE 111. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM
Sec. 39403. Standard classifications, a lane grades, and � � ranges.
(a) Classifications. The classifications of employees of the city as t forth in this
will include: Plan 1 (Skill -Based Pay � Pay Plan
200 Tern rar IP rt Tjme FLsA QyertJme_EHqibIej; Pa Plan 300 (Police and Fire
Managerial iPositions not covered in Collective Bargaining ng Agreents or in
Pay Plan SA Overtime Ine- li e ; Pay Plan fExecutives iFLSilt Overtime Ineligible);
Pay Plan 5 1. fLegat/Atterncy L aa.s
Plan 500 b LeqJFLSA QirnEUgjbie)Pa Plan 600 E erx� ' Pay �- -..fit FLEA Overtime
Exempt Ineligible]; Pay Plan 700 information Technology IffiLSAOvertime ' EI�cjile;
Fay Plan 800 Information Technology FLSA Overtime lneli I le h Pay Plan {Non-
Exempt iFLSA Overtime Eligible); Pay Plan 1000 {Engineers/Engineering
ServicesiEngineers ELSA Overtime ins l . This section
tin
does not apply to police and fire employees covered by collective bargaining
agreements.
Page 1 of 15
(b) Pay Plan 100. skill -Based Pay Plan 100 includes pay range structures
established for administration of the Gitywide Skill -Based Pay system. The city manager
is authorized to add skill -Based Pay Range Structures and training programs
throughout the fiscal year as job titles are consolidated and trarisitioned from existing
pay i
plans in Chapter 39, Section 39 -303 into skill -Based Pay Plan 100. The pay grades
and ranges for positions in Skill-Based Pay Plan 100 are as follows:
Pay Plan 100rGitywide-Skill-Based
PaY SYstem
Skill-Based Pav
FLSA overtime Eli • i le
246% ° Effective-W812006 8/6/200'
ra
1
1
1.0
1.1
1.2
1.3
1.4
1.5
2,1
2
2 2.3
2 -- - - 2.4
rim
297437
$16!161 16 649
467488 16983 $27-748.111=11111104
6,817 17,322 .. •
101
18,18 18 735
19 483
2.5
2
2.6
242051- 20, 653
21,255 21 893
23, 206
24 698
25,314 26 073
26,833 27 638
30,320
30,926
31 544
32,819
32400 33 475
2
2.7
3
3.1
3.2
3.3
3.4
28444 29 297
30,719 31 641
33,177 34 172
35,831 36 906
38497 39, 858
3404.00 37,492
40467 41,990
45766G 47 030
4 8, 721 50,183
3.5
3
3.6
"3.7
43,342 44 642
48,642 49,998
56 674
Sub -zone 3.7 applies to grades 101 and 102 only.
Page 2 of 15
1.111.111MEIMMIL 5.5r22,5 67486
F
63408 66034
(c) Pay Plan 200. Pay Plan 200 includes hourly temporary positions ]� � ry o��t�ns that are not
covered in the FLSA Overtime Eligible Pay Plan 900. The city manager is authorized autor�d to
make changes to this pay throughout the fiscal year as required, such .
s for minimum
wage changes as required by federal law. The pay grades and ranges for positions ons in
Pay Plan 200 are as follows:
Pay Pin 2004ernporaryiPaft--Tinie
Tear prm
FLSA Overtime EIJ i ie
Effective-742612004 1 2
EIMMEMIMIN
* *212
214
111.11EilailinE
216
nim
$ &AZ 5.85
7.00
7.83
9.18
977.0 9.99
4U.9 12.04
oi l
$ 54-5 5.85
9.00
9768 10.43
11.35 11.92
12.37 12.98
15.64
545 5.85
11.00
13.03
44.22 14.65
45750 15.97
4&67 19.23
* Federal iAiriLwj,um Wa a increa . sed t_ $.85er Jiour 7/24/2007, nd will increase tolL55 on 7/24/2008.
** Adjusted to comply with state law and the a received local entities.
� � ved by election workers for
***
Grades 213 through 216: 3% increase effective 7/26/2004 /6/20O7 8
Page 3 of 15
(d) Pay Plan 3011, Pay Plan 300 will include the management positions that are not
covered in the collective bargaining agreements or Pay Plan 400 eE ec tives . Salary
ranges in Police and Fire Managerial Pay Plan 300 wilt maintain a minimum five per
cent differential (1) between the range minimum for police commanders and fire
assistant chiefs in the police and fire managerial Pay Plan 300 and the entry step for
police captain and fire battalion chief as stated in the applicable contract; and (2)
between the range maximum for police commanders manders and fire assistant chiefs in the
Police and Fire Managerial Pay Plan 300 and the highest step for police captain and fire
distr-iet battalion chief as stated in the applicable contract. The city manager is
authorized to make changes to this pay structure as required throughout the fiscal year
to be in compliance with the effective salary ranges adopted in the applicable police and
fire collective bargaining contracts. The pay grades and ranges for positions in Pay Plan
300 are as follows:
Pay Plan 300
Police and Fire Managerial
ELSA Overtim �n Il it ie
3% Effective 816/2007
... - ....� ra a .. ...
.
. nim rr�..- ....... _......- ....
- -- ....
-..- ... } .....
311
84 457
$geq-0414 90.682
312
'-
78,232
84 457
90 682 - -
Page 4 of 15
r--
(e) Pay Plan 400. Pay Plan 400 will include clude pos`ti
o s at the hest level of decision-
making and responsibility. The pay grades and ranges for positions in Pay Plan are as follows:
ra
410
411
412
413
414
415
416
417
418
419
420
421
422
423
424
430
Pay Plea 400 (Executives)
Executies
FLSA Overtirne _ IneIiiib1e
3% Effective--742612004 3/6/2007
$247868 $24,868 25 614
3441-3 32 767
34;67-5 35 716
37,989 39129
41,996 43 256
48 035
53825
54343-1-4 60 578
65478 67 751
66494; 68 485
•
of
$3-7 ,707 33 265
42,163 45 430
45784-7 49 518
5.0435 54 248
657645 59 970
xitriu
$97-23 40 915
567400 58 092
6147-6 63 320
67,346 69 366
76 684
64493 86 597 827678 85
74622 95418
T7,929 83 986 4047266 107
877156 93 931 t 120 110
, 94 947 1-1 , 121 408
7-4,332 76
+
75466 77 421 433725.4
4047266 107 394
88748.8 106 144
907495 107 337
9a455 96 606
837348 85 818
Th74�
9.5735,5 98 216 1-0873.82 109 1
City Manager No
'' 121 .344
4507645 155 164
Page 5 of 15
(0 Pay Plan 500. Pay Plan 500 will include positions focused on delivery of legal
services, except those positions in Pay Plan 400 (Executives). The pay grades and
ranges for positions in Pay Plan 500 are as follows:
Pay Plan 500(a)
E-xempt-(Overtime-Ineligible
Legal/Attorneys)
1A3sW
FLSA overtire I ell i le
3% Effective 816/2007
1r
Ti_ 5 # � � � , i 3 $54,537 53 083
512 32 3 M_! 250 K175 5 860
513 35,_739 49 549 647544 0,35111
514 38468 39 313 507574 54 504 677664 69,694
515 J .f 2 667884 60 228 7447G 77 013
516 M114161118MUMIll 62703855 82,997 §!48t
517 527202 53,768 74,544 95 320
518 587468 §0,222 # 83 492 103,652 106 762
111
112
113
114
115
116
117
118
Pay Plan 500(b)
Legal
FLSA Overtime EJLqjde
3 % Effective 742612004 8/6/2007
nirn
$29,071- 9,943 $38T5i9 4Ii88
347688 32,639
3.47698 35 7�
38468 39, 313
42477 4442
46,817 48 ,22
52402 53 768
5872168 222
Page 6 of 15
41486 45 250
49549
60,573 54 504
Q1fl8
66, 85
69468 74 844
7-77474 83 492
xi
$54,537 53 08E
667-175 87 860
41-7544 63 358
11694
74470 77 .Qj
827997 85487
927544 95,320
10302 106,762
(g) Pay Plan 600. Pay Plan 600 will include all positions that may be designated as
exempt pt from overtime under the FLSA except positions in Pay Plan 800
(lnformation Technology), Pay Plan 500 (Legal/Attornoy), Pay Plan 300 (Police and Fire
Managerial), and Pay Plan 400 (Executives) The pay grades and ranges for positions
In Pay Plan 600 are as follows:
Pay Plan 600
Exempt (Overtimeineligible)
FLSA Overtimelnel!gible
3% Effective 712612004 81612007
611
612
613
614
615
616
617
618
iu
$247683 25,423
13 27 458
28T924 29 792
317528 32 474
35 559
3-77076 39 115
41,965 43 224
46,581 47 978
68474
$324-415 4, 803
35,
37 587
40 782
41,774 44 454
45443 48 677
50,31 53 545
55,602 59 169
61,720 65 67$
6€44-8
$427895 44,1 2
46426 47 716
X64 51 772
Work Coordinator Career Ladder
FLSAOvertime In Ii ibf e
- - -
3% Effective 81612007
1
E =u
1
2
3
4
874
49,686
52 668
56,882_
65,413
R
Page 7 of 1 5
64489 6433
61 795
6k-995 67 915
75 113
83 377
859
404445
MAXIMl1M
Fj918.§.
52172
55,302
_ 59 726
68 685
(h) Pay Plan 700. Pay Plan 700 will include positions, designated as non-exemM
nder the FL.SA, focused on providing the information technology infrastructure for the
city. The pay grades and ranges for positions in Pay Flan 700 are as follows:
Pay Elan 70040 NonexemptIOvertime
i •
Tenlq]
FLSA Overtime Eligible
3% Effective 7/2612004
712
713
714
716
717
718
719
720
in!:m,
$20,892
22,668
24,708
27,056
29,761
32,887
36,505
40,704
45,589
51,287
$31,338 32 894
347002 85,690
37,063 38 902
484 42 597
44764 46 70$
49434 51 778
54457 57 474
6470.55 64 085
68;-3$2 71 776
t 80 748
$44,896
48,711
53,095
58,138
63,954
70 669
78,443
87,466
97,962
110,209
• Eta io ees in Pa Plan 70 riii reeire a 3% eneraI increase to their base
olary effective_ 8L6/20071however the pay structure for this Pav ?Ian will not
charim
• Adjustment to calculation of midpoint included!
Page 8 of 15
(1) Pay PIan
overtime under
infrastructure for
as follows:
8. Pa Plan 800 will include ositlons,_ designated as eernt from
the F� focused on providing the information technology
Lhe city. TIT pay .grades and ramps for positions in Pay Plan 800 are
Pay Plan 7-AA(b) 800
Exempt Information Technology
{FLSA Overtime Ineligible)
3% Effective 7126/2004
811
892
$20892 _ $3-1,338 32 894
347002 35 690
377063 38 902
813
814
815
816
817
818
819
820
22,668
24,708
27,056
40,584 42 597
1aximun
$44,896
48,711
53,095
58,138
29,761 .__.._ 447644 46 708 - - 63,954
32,887 497334 51 778 _ 70,669
36,505 57 474 78,443
40,704 64 088 87,466
45,589 _ # 71 776 97,962
51,287 767934 8.017'48 110,209
• Employees in Pay Plan 800 will receive a 3 ,neral increase to their base
salary effective 8/6/2007, however the pay structure f
or this Pay Plan will not
lane.
• Adjustment to calculation of midpoint included.
Page 9 of 1
01) Pay Plan 900. Pay Plan 900 will include all employees not classified in another
pay plan in this section. Pay Plan 900 will include positions that are not designated as
exempt under the FLSA. The city manager will periodically review positions and take
corrective action, as required, to assure they are properly classified under the RSA.
The pay grades and ranges for positions in Pay Plan 900 are as follows:
Pay Plan 900 Nen-Exempt
,Nop-Exempt
(F:!!!S,A Overtime Eligible)
245% 3% Effective 81812005 8/612007
$16,165 16 650
$2076-14 X2,189
$26i-9-143 27,727
914
915
916
917
918
919
920
921
Grande 930
207646 21265
22,607 237285
26,324 2L617
28424 30,249
2068 25, 14 34407 33 265
28 303
30 954
Q29 35 029
42,853 44I$
36 757
3&490 40569
48,721 50 188
43,362 45 491 64422 55 952
5 , 951 607842 62 667
54,637 57, 819 687446 79,499
Identification Career Ladder
FLs venire Ali ibis
° Effective 8/612007
Multi -Media Specialist
al
1
$28,803
2
3
4
29,435
31 790
34 970
5
39 166
441
Page 10 of 1
Crime Scene In rest,tor
Examiner
Grade 932
35 029
36 430
39345
43280
48 473
744
(ii) Pay Plan 1000. Pay Plan 1 00 will include positions ors o on delivery
engineering services, except those in Pay Plan 400 (Executives). The pay rah .. and
ranges for positions in Pay Plan 1000 are as follows:
sus
617
Pay Plan 1000
Exempt Engineers /Engineering Services
(FL SA Overtime Ineligible
3% Effective 712612004 8/6/2007
Page 11 of 15
SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and
Classification System of the Code of Ordinances of the City of Corpus Christi, Texas,
Section 39 -304, is amended to read as follows:
Sec. 39 -304. Classified service defined.
(a) The classified service includes all positions not exempted in this section. The
following are exempt from the classified service and, therefore, are not covered by rules
and regulations of the civil service board:
(1) All positions within the following pay plans: Pay Plan • 1000
(Engineers/Engineering Services/Engineers), Pay Plans 800 and 700
(Information Technology), Pay Plan 600 (FL-SA Exempt), Pay Plans 500
(a) and (b) (Legat/Attorneys), Pay Plan 400 (Executives), and Pay Plan
300 (Police and Fire Managerial).
(2) All positions in the mayor's office, and all positions in the city secretary's
office.
(3) AAny position that functions as the principal secretary or assistant to the
city manager, assistant city manager, executive director, municipal court
judge, department director, assistant department director, city secretary,
city attorney, assistant city attorney.
(4) Temporary employees.
(5) All members of the police and fire collective bargaining unit.
(b) Any employee serving in a position not included in the classified services serves
at will, at the pleasure of the city manager (or the city council if appointed by the city
council), and will have and continue such at -will status notwithstanding any other
ordinance, rule, or regulation of the city. No officer or employee of the city may waive or
modify the at -will status of any position described in this section. Provided, however,
police and fire positions are governed by collective bargaining agreements and state
law as to job status.
Page 12 of 15
SECTION 3. Chapter 39, PERSONNEL, Article 111. Employee Compensation and
Classification System of the Code of Ordinances of the City of Corpus Christi, Texas,
Section 39 -309, is amended to read as follows:
Sec. 39-309. Employee eC vera a under the city's group health plan
hospitalization-program for eligible employees and members of the city Council.
(a) Temporary and ineligible part -time employees are not granted group health plan.
instiranGEI coverage. All other employees are eligible for pjou for group health lan insurance
coverage as defined by the city manager at the employee monthly cost of thirty-one
dollars and sixty -eight cents ($31.68).
(b) Full- time employees shall contribute fifty per cent of the cost for the
dependent duo health DIan coverage if such covers a is
elected. Part-time eligible employees shall contribute seventy-five per cent of the
fy p
cost of dependent group health plan coverage . if such
covers a is elected, � --
f_cl MerTibers are ell l ,r the Ci ' rou health plan coverage,
and shall contribute at the same rate as full - time em ' lo ees for the cost of such
coveram
icji Members bers of the City Council shall contribute ft r_ 'er cent of the cost for
d endent rou health lan covers a if such coverage is elected.
SECTION 4. Chapter 39, PERSONNEL, Article 111. Employee Compensation and
Classification System of the Code of Ordinances of the City of Corpus Christi, Texas,
Section 39 -320, is amended to read as follows:
Sec. 39-320. Funeral benefit for employees who die while on duty due to on -the-
job injuries.
The city manager is authorized to directly approve up to eight thousand dollars
($8,000EOO) in documented funeral expenses for an employees other than Police
Qfficervered collective bar ainin p a. reement who lose their bJaher lives life
while on duty due to on- the -job ifilLIFieS ijjpry(ies.
SECTION 5. Chapter 39, PERSONNEL, Article 111. Employee Compensation and
Classification
System of the Code of Ordinances of the City of Corpus Christi, Texas,
Section 39 -363, is amended to read as follows:
Sec. 39-363. Nepotism.
(a) No department head shall hire, promote, or make a recommendation, or
participate in any deliberation or voting upon any change in status or compensation, of
p ,
Page 13 of 15
any person related to such department head within the second degree by affinity or the
third degree by consanguinity.
(1) Second degree by affinity includes: spouse, spouse's in- laws, spouse's
grandfather, grandmother, grandson, granddaughter, spouse's brother,
spouse's sister, brother's spouse, and/or sister's spouse.
(2) Third degree by consanguinity includes: father, mother, son, daughter,
grandfather, grandmother, granddaughter, grandson, sister, brother, aunt,
uncle, niece, nephew, great grandson, great granddaughter, great
grandmother, and great grandfather.
(b) If an employee is related to the department head within the second degree by
affinity or the third degree by consanguinity, decisions affecting the employee's status or
compensation will be made by the city manager, or designee.
(c) No em . to ee will be allowed to serve as the immediate s u • ervisor of an of
his /her relatives as listed in items
1
and
2 above.
SECTION 6. Chapter 39, PERSONNEL, E NEL, Article 111. Employee Compensation and
Classification System of the Code of Ordinances of the city of Corpus Christi, Texas,
Section 39-364, is repealed:
SECTION 7. This Ordinance is effective upon final adoption by the city Council. All
Pay Plans within this Ordinance shall become effective August 6, 2007. Adjustments to
salary ranges of Pay Plans within this Ordinance and concurrent pay increases for
applicable employees will become effective August 6, 2007, as indicated on individual
Pay Plans in Section 39 -303 of the Code of Ordinances.
SECTION 8. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordinance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its purpose.
Page 14 of 15
That the foregoing ordinance was read for the first time and passed its e to its ��
reading on this the day of 2007 the `
� following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike FIummell Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and assed i this
on this
the _ day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel) Michael McCutchon
Bill Kelly
PASSED AND APPROVED, ED, this the day of , 2007,
ATTEST:
Armando Chapa
City Secretary
APPROVED AS TO ORM
f 1 �
Jennifer,' 1 Knox
Assist City Attorney
for City Attorney
Henry Garrett
Mayor
, 2007
Page 15 of 15
19
CITY COUNCJL
AGENDA MEMORANDUM
July 17, 2007
AGENDA ITEM: In support of the FY 2007 -08 Proposed Budget which includes
fee
increases and/or new proposed fees.
a. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus
Christi, Chapter 21, Garbage, Trash and other Refuse, regarding increases to
resource recovery fees; providing for penalties; providing an effective date; and
providing for publication.
b. First Reading Ordinance Amending the Code of Ordinances, City of Corpus
Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates;
f
providing for an effective date; and providing for publication.
. First Reading ordinance — Amending Chapter 14 "Development ment Services "
Article III I "Development Service Fees" Division 1 "Technical Construction Code
Fees," Section 14-1313 "Technical Construction Code Fee Schedules," and
Division 4 "Platting ordinance Fees," Section 14-1341 "Platting Ordinance
Fees," and Division "Zoning Ordinance Fees," Section 14-1361 "Zoning
Ordinance Fees," and Chapter 53 "Traffic" Article V "Operation of Vehicles,"
�
Division 1 "Generally," Section 53-107 "Oversized Vehicles" of the Code of
Ordinances, City of Corpus Christi, to increase or establish fees related to
Zoning Verification, Mobile Home Permits, Electrical Re -out Permits, Certificates
of Occupancy for existing buildings, Residential House Mover Permit, Oversized
Vehicle Permit, Sign Permit, Vacating Plat, Utility Easement by separate
instrument, Plat Time Extension, Zoning Change, Zoning Board of Adjustment,
Deferment Agreement, Technology Fee related to Building, Electrical,
Mechanical, and Plumbing Permits.
d. Resolution authorizing adjustment of Parks, Recreation, Cultural and Leisure
Time Activities Rental and Recreational Fees; adding New Rental Fees and
Recreational Fees for Fiscal Year 2007-08; providing for an effective date.
ISSUE:
The Proposed FY 2007 -08 Budget includes estimated revenues generated from increased
fees /rates and new fees /rates necessary to fund specific projects and/or cover existing
ng
operating costs. The proposed fee /rate increases have been presented during the Budget
process and are detailed in the FY 2007 -08 Proposed Budget Book under the title
"Supplemental Information ",
PREVIOUS COUNCIL ACTION:
?fit` f�����Y�� `�:�..�:�3��T.�n�_..x��;r.: ��• -
REQUIRED COUNCIL ACTION:
Approval of the ordinances and resolutions described, increasing or establishing fees /rates
included in the FY 2007-08 Proposed Budget.
RECOMMENDATION:
Approval of ordinances and resolutions as presented.
Eddie Houlihan
Assistant Director of
Management and Budget
Additional Support Material for Item d:
Exhibit "A" Pees Increased by More Than 25%
Exhibit "B" New Fees
Exhibit "C" Schedule of Proposed Fees and Charges for FY -o
EXHIBIT A
FEES INCREASED BY MORE THAN 25%
Section I. ATHLETICS
F. Court practice time for Ben Garza & Cabaniss Field Gym
during regular hours, one hour limit
j2court youth
Section 2. AQUATICS
D. City S r Leagues
TAAF Regional Swim Meet
D i Championship Swim Meet
Section 3. TENNIS
A. Ann allserx i- annual Fees
Youth semi- annual
F. HEB Covered Court Pavilion Fees
Per person Monday through Friday:
8 :00 am.- 5 :00 #m
Doubles
5:00 pm - 9:30 ern
Doubles
Per person weekends:
Saturday :® am - 2 :00 pm
Doubles
Sunda 1 :0 •rrt ; :0 .rn
CURRENT RATE PROPOSED RATE
FY06-07 FY0.08
15.00 !h!
$ 20.00
2.00 /event/ on _ 3.22
.- - - 2.00 /event/person $ 3.00
$ 45.00
4.50
60.00
7.00
- 5,00 $ ?p0
5.00 7.00
Doubles- -� 5.00 7.00
Section 6. SENIOR CENTER RENTALS
Facility rental fees below include staff supervision and cleanup
'Entire Facility' rate includes a 1O% discount
Additional hour rate for all facilities
Set up Fee ne4i ne non re unda le
E. Garden Senior Center
Patio
G. Broadmoor Senior Center
Entire FaciIi
35.00
_ 50,00 --
30.00 /4 hrs
1 00.00 f4 #ors
45.00
75.00
40.00
150.00
Section 7. SUMMER YOUTH PROGRAM
A. Summer Recreation Program (drop in)
Monday- Fria , 11 - 4p (8 weeks) 2.00 /youth/week 4.00
Section 12. MARINA
D. Dry Hard Stand Store • e Rental:
ee'*
26.25
35.00
Exhibit "
Page lof 1
EXHIBIT B
NEW FEES
PROPOSED RATE
FYO-
Section 1. ATHLETICS
E. Gymnasiums
Staff Utility and Building Fee
$ 75.00
F. Court practice time for Ben Garza & Cabaniss Field Gym
during regular hours, ore -hour limit
Ben Garza Gym
Staff Utility and _Building l' ,
Section 2. A QUATICS
C. Swinnr rir oollr tru i n Fees
Swim Ie
Swim lessons
B. Visiting Leagues
Red &
Blue gpld
sons h itior�al i lir aid �I each a d tiona�I si lin .00 /add'! iblin e$
Teen lue $5.00 per r 1ea a .00 per me riber
Section 3. TENNIS
A. Annual/Semi-annual Fees
Fancily .areal- - 250.00 year_ __
Family se a nn awl _
$ 275.00 ear
Famil semi-annual + lus
Section 4. RECREATION EATI CENTER RENTALS
Facility rental fees below include staff supervision and cleanup
Staff Utility and Bu lclin _Fee - - X75 /rental
Section 5. RECREATIONAL FACILITY RENTALS
C. Heritage Park - McCampbell House
First Floor 6 hour rental includes kitchen, bat c orn - - - -- - $ 250.00_ 6 hours
section . SENIO CENTER RENTALS
C. Lindale Senior center
Patio
D. Greenwood Senior Center
Patio
40.00 /4 hrs - -- -_
40.00 / tars ,........�.........
I. Northwest Senior Center
Patio $ 40.00 1 4 hrs
Section 9. LATCHKEY
B. Summer Latchkey Program
Lunch f` (for sites NOT uai fyir f r I EE I rnch pro rare; $ 1.5.00 Meek
20.00 /da
Dail Fee
Exhibit "B"
Page I of
EXHIBIT
NEW FEES
PROPOSED RATE
FYO8
Section 12. MARINA
B. Monthly Utility Recovery Fee (includes garbage pickup 7 days/wk and utility maintenance):
Craft over 70 feet up to 100 feet
Pleasure cry _ - 37.30
Q9rnmercIaI�aft - - -� 43,30 -
Craft over 100 feet
Pleasure cwt 50.00
Commercial craft - - -
ft
G.
Utility Recovery Fee:
60.00
DumI5O= io!'o. o
eilY - J.0p1 12.50
1 8.00 $ 20.50
Monthly* 4. $ 75.00 85.00
.sage over %urn 0,1 KWH 0,1 /KW 1
Rates for Live Aboard Pleasure Craft:
fort lus Ii rents #tees q%,Vip persons * 75.00 /month
Each additional person over two persons - 25.00 _-
P. Portab Je Iuput Service Fee;
-
* Weekly is defined as seven consecutive nights; monthly as thirty consecutive nights.
Section 13. JUVENILE ASSESSMENT CENTER
Urine Analysis screening for court ordered
ar d volunta man rfirr t !icases".
2
25.00 /hour
$12.00 /screening
Exhibit "B"
Page 2 of 2
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 21, GARBAGE, TRASH AND OTHER REFUSE,
REGARDING INCREASES EASES To RESOURCE CE ECO E Y FEES;
PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE;
ANCE;
PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION.
BE IT
ORDAINED BY THE CITY COUNCIL OF THE CITY of CORPUS CHRISTI,
TEXAS, THAT:
SECTION 1. Section 21-40, Code of Ordinances, is amended by revising the table in
subsection (a) and revising subsection (d)(2) to read as follows:
Sec. 21-40. Charges--For collection services within the City of Corpus Christi.
The following charges apply to the collection of solid waste from solid waste services
(a) Th g pp
departr
department customers located within the limits of the City of Corpus Christi. In addition
the charges listed below, each customer is liable for any applicable federal /state
to
surcharges or fees specified in section 21 -20 and state and city taxes. The charges for
collection services are:
I Type Description
) 1 One - family dwelling
(a)
Two - family dwelling on one 1 water and/or gas
meter
Two-family dwelling on separate water and /or
gas meters
Apartment
Minimum Charge Per
Month or Fraction Thereof
Collection
$44,7-5
$14.9
$2€660
29.90
$44.75
1:141.5 each unit
$4445
� 1„4.95 per unit
One -f mil y dwelling an d single apartment on one $29,545 (1)
water and/or gas meter , $2990
Apartment house, travel trailer park, or I $4.75
manufactured home park on one {1} water and /or ,X4.95 per unit
gas meter
Apartment house, travel trailer park, or
manufactured home park—Each apartment, trave
trailer pad, or manufactured home site on
separate water and/or gas meter
Additional charge for rear door pickup on any
type above
Additional loads of heavy brush or bulky item at
time of scheduled heavy brush or bulky item
collection
('12
Surcharge for bulky item pickup
$4445
P14.95 per unit
$1t86 per unit
Special non - scheduled heavy brush, clean wood,
waste, debris, or bulky items pickup, including
pickup of heavy brush and debris set out more
than two (2) weeks prior to the scheduled pickup
or brush or debris that is a traffic, safety, or
health hazard
Recycling containers: Each solid wast services
customer account will pay a fee for recycling
containers that will be refunded upon termination
of the account and return of the recycling
containers
Surcharge for tires set out for collection
$58.30 per load
$10.00 per item
Actual cost not to exceed
$200.00 per toad
$6.0O per container
$ 5.00 per tire
(d) A business and commercial institutions establishment and any other '
r F occupied
premises located within the City of Corpus Christi, except a residence covered d by
subsections (a) and (b) of this section, shall be charged for collection
� services by the
department at a rate determined by the director based on the followin •
(2) The director may not set a rate below
($2940) tyenty-ninedoIIars and ninety cents ($2990) a month (the minimum
rate), plus any applicable state disposal fees and state and city taxes.
SECTION 2. Section 21-41, Code of Ordinances, is amended by revising `
y ran the tables in
subsection (e)(2) and (3) to read as follows:
EHord206.doc
Page 2 of 7
Sec. 21-41. charges- -For disposal services.
The following fee schedule applies to each load of solid waste deposited at a
fie} �p
disposal site operated by the department:
(2) Commercial vehicles (tipping rate).
TSolklwaste by weight
Loose load of solid waste, not weighed
Compacted load of solid waste, not weighed
Construction and demolition debris, not weighed
Heavy brush and yard waste, not weighed
$36.86 per ton*
P.92 per cubic yard*
$4-2. 1 1
11 3.21_ per cubic yard*
$-QA-5
$jj,ipercubicyard
$4-2-A-5
M,21 per cubic yard
Commercial vehicle transporting household waste
for a residential customer when accompanied by
the residential customer. (The residential
customer must be the driver or a passenger in the
commercial vehicle or arrive in a separate vehicle
at the landfill with the residential customer's
waste.)
*Includes state disposa
21-42.
Tr1/4
No charge
fee, to /federal mandated surcharges as provided by section
(3) Special fees.
1 dean, uncontaminated dirt that is suitable for
landfill use (as determined by landfill
superintendent or designee of the
superintendent)
i No charge
Clean wood waste, heavy brush, or rubble $8430
suitable for recycling, including crushed concrete, $9Z per ton
asphalt, bricks, etc.
EHord206.doc Page 3 of
c
Large household appliances, such as stoves,
washing machines, clothes dryers, dishwashers,
refrigerators, or other similar items, except large
household appliances transported in a non -
commercial vehicle by a residential customer
who resides within the city
$2,2
$2.39 each
D
Tires - ----- -- - --
Automobile
$1.25
Truck or large trailer tires (16-19")
$2.25
Tractor tires 2 "
$3.25
Larger than 20"
Not accepted
Cut into quarters or more
•
Tipping fee rate
Vehicles with Toads not adequately secured so as
to prevent any of the contents of the transported
Toad from being ejected or dropped during
transport of the load
$5.00
F
Use of scales
$25.25
Any solid waste that requires special preparation,
handling, or cover
As determined Y the
director
SECTION 3. Section 21-47(b), Code of Ordinances, is revised to read as follows:
Sec. 21-47. Municipal solid waste system service charge.
(b) The municipal solid waste system service charge for all waste collected is:
1 For customers located within the city, who are billed by their permitted solid
waste hauler for hire by tonnage, the municipal solid waste system service
charge is twenty -seven dollars
and thirty -five cents ($27.35) per ton of waste,
(2) For customers located within the city, who are billed by their permitted solid
waste hauler for hire by the volume of the dumpster and frequency of service, the
EHord206.doc Page 4 of
municipal solid waste system service charge is eighty-even cents r ,87) one
dollar and I y p_per is $1.1 per cubic yard of capacity each time the
customer's dumpster is serviced.
(3) For customers located within the city, who are billed by their permitted solid
waste hauler for hire by tonnage, if their permitted solid waste hauler for hire has
a put or pay contract with the city and disposes the customer's solid waste at a
disposal site operated by the department, the municipal solid waste system
service charge will be credited with - - = = - - _ - - _ - - :. fifteen
d a for the portions of the charge that are
collected through the hauler's acceptance fee, The municipal solid waste system
service charge, with the credit, is -' - _ _ *' #. - _ - _ ;. , - = eleven
dollar _ -ninety- eight cents ($11.98) per ton of waste,
For customers Located within the city, who are billed by their permitted solid
waste hauler for hire by the volume of the dumpster and frequency of service, if
their permitted solid waste hauler for hire has a put or pay contract with the city
and disposes the customer's solid waste at a disposal site operated by the
department, the municipal solid waste system service charge will be credited with
thirty-one-Gents-40443 thirty -nine cents ($0.39_) for the portions of the charge
that are collected through the hauler's acceptance fee. The municipal solid
waste system service charge, with the credit, is seventy -two
cents ($0,72) per cubic yard of capacity each time the customer's dumpster is
serviced.
(5) For customers within the city, who are billed by the permitted solid waste
hauler for hire by tonnage, if their permitted solid waste hauler for hire pays the
tipping rate published in subsection 21 1 e 2 ., the municipal solid waste
system service charge will be credited with '
cents - 9F ) twenty-two dollars and twee -seven cents $22.27 for the
portions of the charge that are collected through the tipping fee. The municipal
solid waste system service charge, with the credit, is tw dot rs and f ur een
Gents-(4244) five dollars and eight cer$5.1118 per ton of waste. Except as
provided in subsection (d) of this section, if the hauler pays the tipping fee at the
time the hauler disposes of the solid waste, the municipal solid waste system
service charge must be paid at the time the hauler disposes of the solid waste at
the disposal site operated by the department.
(6) For customers within the city, who are billed by the permitted solid waste
hauler for hire by the volume of the dumpster and frequency of service, if their
permitted solid waste hauler for hire pays the tipping rate published in subsection
21- 'l e 2 a., the municipal solid waste system service charge will be credited
with ninety cents ,$o.9 for the portions of the
charge that are collected through the tipping fee. The municipal solid waste
system service charge, with the credit, is nine-Gents-40,09) twenty -ore cents
$.? per cubic yard of capacity each time the customer's dumpster is serviced.
Except as provided in subsection (d) of this section, if the hauler pays the tipping
EHord206.doc Page 5 of
fee at the time the hauler disposes; of the solid waste, the municipal solid waste
system service charge must be paid at the time the hauler disposes of the solid
waste at the disposal site operated by the department.
For can account customers within the city the municipal solid waste system
service charge is - e e _ _ - - _ - - _ :. . seven dollars and
nineteen cents ($7.19) per collection by the permitted solid waste hauler for hire
(which includes the city street use fee).
For residential customers serviced by the department, the municipal solid
waste system service charge is ' = e e - _ _ - - _ id - - - three
dollars and forty -two cents ($:4_Z per month (which includes the city street use
fee).
For business and commercial customers serviced by the department, the
municipal solid waste system service charge is
($2767) Lour dollars and seventeen cents $._1 per month (which includes the
city street use fee).
SECTION . A violation of this ordinance or requirements implemented under this
p
ordinance constitutes an offense punishable under Section 21-3 of the City Code of
Ordinances.
SECTION 5. If for any reason any section, paragraph, subdivision, clause, phrase,
word or provision of this ordnance shall be held invalid or unconstitutional by final
judgment of a court of competent jurisdiction, it shall not affect any other section,
paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the
definite intent of this City Council that every section, paragraph, subdivision, clause,
phrase, word or provision of this ordinance be given full force and effect for its ur ose.
p p
SECTION 6. This ordinance takes effect and applies to all services provided on and after
the first day of August, 2007, which is either billed at the time the services are provided or
billed in a utility reading cycle, such cycle to include only service provided on and after the
first day in August, 2007.
SECTION 7. 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.
EHord206.doc
Page 6 of 7
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of _ _ , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Mare
Larry Elizondo, Sr. Nelda Martinez
Mike Hummell Michael McCutchon.
Bill Kelly
That the foregoing ordinance was read for the second time and passed to its final
reading on this the day of , 2007, byte following vote:
Henry Garrett ..._ . Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez . ,
Mike Hummell Michael McCutchon
Bill Kelly
PASSED AND APPROVED this the day of , 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: July 12, 2007
Eliza : tin F. Handley
Ass! . •- nt City Attorney
for the City Attorney
alord206.doc
Henry Garrett
Mayor
Page 7 of 7
ORDINANCE
AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS
CHRISTI, CHAPTER 55, UTILITIES, REGARDING WATER, GAS AND
WASTEWATER RATES; PROVIDING FOR SEVERANCE; PROVIDING
AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Section 55 of the Code of Ordinances is amended by revising it to read
as follows:
"Sec. 55-50. Schedule of water rates.
"(a) Base rates for water service.
"The rates for water service are as follows:
"1 Monthly Minimum Charges
"a. Metered Treated Water Customers
X11. Inside City Limits
Meter Size
(arches)
Residential
5/8"
t 1, Auust1,
Augus
2007 to
Ally 31, 1 I r�1
2007 2008
Commercial
5/8 - 3/4 - 1 0.972
Residential
Commercial
1"
1-1/2"
11
17.512
43.287 45.776
Utility rateadoc7/9/2007
Meter Size
{Inches}
August-1T
day 31,
2007
.... $455324 3 ""
4" 4-77.204
6"
266249
8" and larger
Large
Volume
Any size
AugustL
2007 to
Jul 31
2008
_i'641
187.893
281.568
.422.911
14257.7II
"2. Outside City Limits
Meter Size
2007
Residential
56 " - 3/4"
$--1-6:266
_ _______.
Auciu_sil,
2007 to
Jul 8
2008
Commercial
518" - 3/4"
16.142
21.69
Residential
Commercial
1
11
1-1/2"
"
11
22.904
66.523
341.E
35.935
59.773
92.464
329.417
2
Meter Size
Augut 1,
2006 to
2007
1 ,
„August
2OO7 to
■
2008
Minimum
monthly
service
charge, water
districts/
municipalities
with raw
rater supply
contracts
executed
after January
1, 1997
411
840.379
•
$375.724
6"
864.078
8" and larger
800.733
846.775
Large
Volume
Anysize
23790.519
2006-to
AuQustl,
ZQT to
M311
2Q
Minimum
monthly
service
charge, water
districts/
municipalities
with raw
rater supply
contracts
executed
after January
1, 1997
840.379
6 ;1
Minimum
i monthly
service
charge for
Public
Agency for
Resale
Untreated
Water without
a raw water
supply
contract
executed
after
anuary 1,
19971
Minimum
monthly
service
charge,
industrial
IrTrfinimum
monthly
service
charge,
domestic
July-347
$1-967036
Minimum
annual
service
charge,
domestic
14721
Au ust
2007 to
July ,
2008
$2O73O7
340.379
113.456
Minimum monthly charge for Public Agency for Resale Untreated Water customer
without a raw water supply contract executed after January 1, 1997: If the charge
based on the volume of water taken in a monthly billing period is less than .
$207.30L the customer shall be billed X07.307 unless a valid water supply
contract between the customer and City that was executed prior to January 1, 1 997,
provides for a minimum annual payment. If a valid water supply contract between the
customer and City executed prior to August 1, 2000, provides for a minimum annual
payment, the customer shall pay the minimum annual payment under the contract.
"(2) Monthly Volume Charges Per 1,000 Gallons
"a. Residential Rate
"1. Inside City Limits
"*Use the Minimum Charges in Subsection (a)(1).
"2. Outside City Limits
2906
to
July 31,
lugut
2007
i to
July 31_,
2007
2008
LOY i ,
First 2,000
Gallons
i , *
Minimum*
Mtn[rnum.
Next
1 3,000
Gallons
Minifaumt
$2.62'T
Next
15,000
Gallons
37507
8.708
Next
20,000
Gallons
4492
4.538
Over
50,000
Gallons
5408
5.507
"*Use the Minimum Charges in Subsection (a)(1).
"2. Outside City Limits
2006 i
to I
2007
to
LOY i ,
2008
Mtn[rnum.
First 2,000
Minifaumt
Gallons
Next
13,000
Gallons
5,507
Next
15,000
Gallons
Next
20,000
Gallons
i
� e
Over
50,000
Gallons
i
5Q7
7
"2. Outside City Limits
Use the Minimum Charges in Subsection (a)(1).
I". Reserved"
"d. Public Agency for Resale Treated Water Rates
"Treated water rates purchased by a public agency for resale are hereby
set as follows:
te
2007
August
2007
to
July 81*
2008
2008
First 2,000
Gallons
MinifAttml
f1nimum*
Minimum*
Next
13,000
Gallons
$4,420
$ 5.731
Next
85,000
Gallons
5.146
Net
900,000
Gallons
3.781
3.998
Over
1,000,000
Gallons
-2.063
2.181
Use the Minimum Charges in Subsection (a)(1).
I". Reserved"
"d. Public Agency for Resale Treated Water Rates
"Treated water rates purchased by a public agency for resale are hereby
set as follows:
2006
te
X81,
i Auiust1,
007_
to
81,
2008
First 2,000
Gallons
Minimum-IL
Minimum*
8
11*
Use the Minimum Charges in Subsection (a }(1).
"e. Large Volume Customers
"A commercial customer who agrees to pay for a minimum of 10,000,000
gallons of treated water per month is considered a large volume customer.
Once a customer has elected to become a large volume customer, the
customer will be billed as a large volume customer until the customer
notifies the City and requests reclassification as a commercial customer in
writing. However, a commercial customer may not elect to become a
large volume customer more than once in any 12 month period.
"1, Inside City Limits
1
2006
to
July417
2007
August 1
2007
to
Juty311
2008
Next
13,000
j
Gallons
$4.400
$2538
Next
85,000
Gallons
2.147
2.270
.
New
990,900
Gallons
1.614
1.706
Next
9,000,000
Gallons
Over
19, 000, 090
Gallons
0.829
0.876
11*
Use the Minimum Charges in Subsection (a }(1).
"e. Large Volume Customers
"A commercial customer who agrees to pay for a minimum of 10,000,000
gallons of treated water per month is considered a large volume customer.
Once a customer has elected to become a large volume customer, the
customer will be billed as a large volume customer until the customer
notifies the City and requests reclassification as a commercial customer in
writing. However, a commercial customer may not elect to become a
large volume customer more than once in any 12 month period.
"1, Inside City Limits
1
•
2006
to
I
007
:jstt
2007
to
i
3
2008
9
First
Minimum±
Minimum*
1 0,000,000
2006
2007
Gallons
to
2007
to
ily31,
Each
i
Additional
First
.$0.922
1,000
10,000,000
Galion
Gallons
"* Use the Minimum Charges in Subsection (a)(1).
"2. outside City Limits
0* Use the Minimum Charges in Subsection (a)(1).
"f. Public Agency for Resale Untreated Water Rates
"The rates for the purchase of untreated water purchased by a public
agency, which does not have a raw water supply contract with the City
executed after January 1,1 997, is the average of the monthly raw water
cost adjustments, established under subsection (b) of this section, for the
period used to determine the composite cost of untreated water under the
City's current contract with the public agency.
"(b) Raw water cost adjustment (RWCA).
"In addition to the charges for the base rates for water service, established in subsection
(a) of this section, a separate charge for the costs of raw water, the RWCA, will be
added to each consumer's bill, except Public Agency for Resale Untreated Water
customers without a raw water supply contract executed after January 1, 1997. (A
Public Agency for Resale Untreated plater customer without a raw water supply
contract executed after January 1, 1997, will pay the lower of the composite cost, as
defined in its contract with the City or the rate for Public Agency for Resale Untreated
&giiT7
2006
2007
to
2007
to
ily31,
2008
First
Minimum +
Min3munT
10,000,000
Gallons
Tic' I-----
$ 1.348
Additional
.
1,000
Gallon
0* Use the Minimum Charges in Subsection (a)(1).
"f. Public Agency for Resale Untreated Water Rates
"The rates for the purchase of untreated water purchased by a public
agency, which does not have a raw water supply contract with the City
executed after January 1,1 997, is the average of the monthly raw water
cost adjustments, established under subsection (b) of this section, for the
period used to determine the composite cost of untreated water under the
City's current contract with the public agency.
"(b) Raw water cost adjustment (RWCA).
"In addition to the charges for the base rates for water service, established in subsection
(a) of this section, a separate charge for the costs of raw water, the RWCA, will be
added to each consumer's bill, except Public Agency for Resale Untreated Water
customers without a raw water supply contract executed after January 1, 1997. (A
Public Agency for Resale Untreated plater customer without a raw water supply
contract executed after January 1, 1997, will pay the lower of the composite cost, as
defined in its contract with the City or the rate for Public Agency for Resale Untreated
10
Water customers without a raw water supply contract executed after January 1, 1997,
specified in subsection (a )(2)f. of this section.) The RWCA will be based on projected
system-wide raw water sales. The RWCA will be calculated on an annual basis
according to the following procedures.
"(1) Use projected system-wide water sales based on historical consumption and
p
projected growth.
"(2) Include the annual budgeted cost of debt service. Bond payments,
ar norti ation of deferred losses on refundings, and other debt service costs shall
be applied to the RWCA in the same proportion as the raw water activities
proportion of the original bond proceeds.
"(3) include budgeted expenditures for purchases of water.
"(4) Include p urchases of water rights, amortized over the duration of the water
right agreement.
"(5) Budgeted expenditures for capital items shall be included as follows:
"a. The expense of acquiring a capital item that cost not more than
$100,000 shall be charged in the year in which it is acquired.
"b. The acquiring ease of uiring a capital item that cost more than $1 00,000
p q
shall be amortized over the number of years used to calculate
depreciation expenses, with the half -year convention used in the year of
acquisition.
"(6) Afl op All operating and maintenance expenditures shall be charged based on
annual budgeted amounts. These expenditures include operation and
maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related
interfund charges.
"(7) Alt expenses for consultants, engineering, legal services, and administration
shall be charged based on annual budgeted amounts in the proportion to which
they apply to raw water issues.
"0) Expenses related to the acquisition and transportation of emergency water
supplies shall be included in the RWCA for the following fiscal year, unless
foreseen and budgeted in advance, in which case they are included in the year
budgeted.
"(9) Miscellaneous revenues related to raw water activity, such as oil and gas
lease revenues and interest earned on debt service surety bonds, is applied as
an offset based on annual budgeted amounts.
"(10) At fiscal year end, determine the amount of over or under collections that have
resulted from differences between budgeted and actual expenses ancLoffsetting
1 1
revenues and the difference between projected and actual volume of water sold.
Use of overcollections to create and maintain a reserve to level out large fluctuations
in raw water charges is authorized. Apply any remaining amount as an adjustment
to the following fiscal year's FWCA."
"(11) Apply the credit for levelied Choke Canyon debt payments to City rate -
payers' projected water consumption, and deduct from their RWCA. (The
escalating payment schedule on the choke canyon debt was leveiied through
the creation of a reserve fund. In the initial years, payments greater than the
debt service were made, with the excess going into the reserve fund. This
excess was paid through a rate surcharge on ICL and OCL metered treated
water customers. Now that bond payments exceed the levelied payment
amount, the reserve fund is drawn on to make up the difference. Since only ICL
and OCL metered treated water customers participated in building the reserve
fund, the drawing on the reserve fund is only credited to the RWCA assessed
against ICL and OCL metered treated water customers.
lc) Definitions.
"Costs of raw water' is the total of all costs of acquiring, producing, storing,
conserving, and transporting untreated water from its source to the City's
treatment facility and all other points of diversion. These costs include, but are
not limited to, the costs of:
"Construction, including debt service , operation, and maintenance of dams and
reservoirs.
"Construction, including debt service, operation, and maintenance of raw water
supply transmission pipelines.
"Construction, including debt service, operation, and maintenance of wells.
"Construction, including debt service, operation, and maintenance of facilities
capable of converting wastewater effluent, salt water, and brackish ground water
into water suitable for municipal, industrial, or agricultural uses.
"Acquisition of new water supplies and water rights.
"Payments to the P.L. 104.318 Alternative Water Supply Acquisition and
Facilities Construction Special Fund.
"Construction, operation, and maintenance of facilities to reduce water losses
from water resources due to evaporation or the release of water from a reservoir
due to the operation of law.
"Acquisition and transportation of emergency water supplies, including the costs
of transporting water by vessel or pipelines from other regions.
12
"Water supply development and protection, including consultants' studies and
reports, investigations, legal fees, court costs, and any other costs related to the
development or protection of the water supply.
"Administrative costs, including overhead and the portion of the City's general
administrative costs applicable to the activities enumerated in this definition."
SECTION 2. The water rates established in Section 1 of this ordinance shall take effect
and be applied against all service provided on or after the first day of August 2007.
SECTION 3. Section 55-61 of the Code of Ordinances is amended to include the
classification of customers and schedule of gas rates, which shall read as follows:
"sec. 55-61. classification of customers and schedules of rates.
"(a) RESIDENTIAL CUSTOMERS:
"1 Inside City Limits
"a. Winter rates (from November Cycle 11 through April Cycle 10)
Monthly Consumption
July 31,
u,ust 1,
boo
J y 31,
2007
2008
Meter Charge
$4,4210
$1.00
First 1 MCF
(Minimum Bill)
84E4
$9.26Q
Next 2 MCF
47043
5.195
Next 7 MCF
3.003
Next 5 MCF
2479
2.621
Next 35 MCF
2479
2.833
Ali over 50 MCF
#
2.014
.
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
13
"b. Summer rates (from April Cycle 11 through November Cycle 10)
Monthly Consumption
.
2007
August I,
2007 –
Ju1 3
Meter Charge
Meter Charge - - --
- - --
$'LOO'
First 1 MCF
(Minimum Bill)
1
87767
9 #26O
1
Next 2 MCF
- --- - - 67508
5.195
Next t MCF
3439
8.003
Next 2 MCF
4;426
1.507
IINe t 28 IMF
4,39
1.483
All over 38 MCF
1
1.333.
.267
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(2) Outside City Limits
"a. Winter rates (from November Cycle 11 through April Cycle 10)
Monthly Consumption August-17
2006—
200.7
August ili
2007 –
July 31 ,
.
2008
Meter Charge
$1.25
11.25
First 1 MCF
(Minimum Bill)
44,805
11.428
Next 2 MCF
- --- - - 67508
5.824
Next 7 MCF
3439
3.319
Next 40 MCF
27962
3.132
All over 50 MCF
27066
2.184
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
14
"b. Summer rates (from April Cycle 11 through November Cycle 10)
Monthly Consumption
- T -
2006—
#
2007
August 1, 1
2007 –
u 31
2008
Meter Charge
$1.2.E ,
First 1 MCF
(Minimum Bill)
1 1. 2
Next 2 MCF
5.824
Next 5 MCF ...
3.319
it 30 MCF
1466
L656
All over 38 MCF
1.34
' 1.424
"Note. Rates do not include purchased gas adjustment and sales ax, w rere app
"(b) GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates:
"1 inside City Limits
!Monthly Consumption
Au ust,,.11
2007 –
,. ul Ilk
2007 2008
X8.13
First 1 MCF
(Miriimum Bill)
Next 2 MCF
4.943 5.195
4.853
Next 7 MCF
Next 40 IMF 4.668
'Net 50 MCF 1 2.014
Net 100 MCF t679
7 1.466
Next 700 MCF
Next 1,000 MCF
Next 13,000 MCF
All Over 15,000 MCF
-4.327
r
1.403
1.212
1.090
1.044
15
"Note: Rates do not Include purchased gas adjustment and sales tax, where p licable
"(2) Outside City Limits
Monthly Consumption
Meter Charge
First 1 MCF
(Minimum Bill)
Next 2 MCF
Next 7 MCF
Next 40 MCF
Next 50 MCF
Next 100 MCF
Next 100 MCF
Next 700 MCF
Next 1,000 MCF
Next 13,000 MCF
All over 15,000 MCF
July 31,
$1-046
x$88§
6:b98
A.st 1,
2007 2008
LiQt
11.426
5.824
5.469
EN
2.184
1.803
1.572
1.485
MEI
1.090
1.044
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
"(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have
requested a cutoff and re- connection at the same location or for services to the same
premises, including increases or reductions of the same premises, and which cutoff was
not necessitated by reason of reconstruction of the building on the p remises shall be
classified as seasonal customers, and in lieu of the rates applicable to residential
�
customers, shall be charged and collected the following charge for gas furnished and
delivered to the meters by the Gas Department of the City):
"1 Inside City Limits
Monthl Consumption L1/4 uust i
2.297-
JuIy1- Jui a1
2007 2008
Meter Charge $4,00
First 1 MCF
(Minimum Bill)
Next 2 MCF
1.00
4- 4:'b48
15.384'
i3.912
Next 7 MCF 6.605
Next 30 MCF 13
2.0'14
,t — :- include purchased gas adjustment and sales tax, where applicable
Note. Rates do,it � adjustment
2 Outside City Limits
All over 40 MCF
16
Monthly Consumption
Meter Charge
First 1 MCF
(Minimum Bill)
tggus ,
2007 —
Jul a
2008
$4,26
Next 2 MCF
Next MCF
1x.25
Next 30 MCF
si a.479
All over 40 MCF
15.892
7.489
27066
3.132
2.184
"Note: include purchased gas adjustment and sales tax, where applicable
Note. Rates not g �
17
"(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates
(limited to customers using less than 1 5,000 MCF per month annual average. All
general rate customers that have installed total energy or have gas operated air cooling
and air conditioning equipment, ent, or both, and have an average used in MCF per month
in the seven summer months that exceeds the five winter months in average use, when
inspected and approved by the Gas Department, who request in writing to be billed in
the summer months on the Summer Incentive Gas Rate Schedule starting with Cycle 11
in April and ending with the billing Cycle 10 in November shall be billed on the following
rate schedule):
"1 Inside City Limits
Monthly
Consumption
2007
Aujust 1,
2007 --
July 31,
2008
Meter Charge
$8,1-3
$8.'
First 1 MCF
(Minimum Bill)
8456
9.259
Next 2 MCF
4.912
5.194
Next 7 MCF
47690
4.853
Next 40 MCF
373&8
Next 150 MCF
47426
1.507
Next 300 MCF
4,2,24
1.403
Next 500 MCF
1.147
1.212
Next 14,000 MCF
4%433-
1.090
All over 15,000 MCF
07988
1.044
"Note: Rates do not include purchased gas adjustment and sales tax, where applicable
18
"(2) Outside City Limits
Monthly August-I; Au ust 1
Consumption 2007 —
Jul �1
21247 2008
Ileter Charge
First 1 MCF
(Minimum Bill)
Next 2 MCF
$a -946 10.16
.1-97805 11.426
5.824
Next MCF
5.469
'Next 40 MCF
3.993
Net 150 MCF 4466 1.656
Next 300 MCF 17405 1.485
Next 500 MCF 420-7 1.276
Next 14,000 MCF
1.131
All over 15,000 MCF -. 8 1,044
"Note: d include ur hased gas adjustment and sales tax, where applicable
le) PURCHASED GAS ADJUSTMENT. The rates in subsections (a), (b), (c), and (d)
subject to gas cost adjustments as follows. Rates will be adjusted
of this section are su � �
monthly by the City g followin the receipt of notice of the cost of gas from the supplier to
pass on to the consumer the full amount of such cost adjusted for pressure base and
gas loss & unaccounted-for factors. Additional fees and charges paid to the supplier,
which are necessary
for the City to receive the gas, shall be included in the cost of gas.
A11 general rate customers, who consume over 15,000 MCF in one month, and who
receive gas from the City's distribution system at the same pressure base at which the
gas from its supplier (14.65 .shall be billed 2 05% less per MCF
��ty receives tl�e ga
for purchased gas adjustment than the General Customer Rate Schedule.
"(0 INTERRUPTIONS. Deliveries of gas to Commercial or industrial customers may be
interrupted or curtailed shortage, in case of shorts e, or threatened shortage, of gas supply from
any
cause whatsoever, to conserve gas for residential and other human need
customers
served hereunder, according to all mandatory orders of governmental
agencies having jurisdiction. "
19
SECTION 4 The gas rates established in Section 3 of this ordinance shall take effect and
be applied against all service provided on or after the first day of August 2007.
SECTION 5 Section 55 -100 of the Code of Ordinances is amended to include the
classification of customers and schedule of wastewater rates, which shall read as follows:
"Sec. 55-100. Schedule.
"(a) The monthly charge to be paid by users of sewer service furnished by the City's
municipal sewer system, except as otherwise provided in Articles Vil and XI of Chapter
55, shall be based on the amount of water used by the user according to the following
rates:
Classification
Inside City
Limits
One - family
minimum
monthly
charge (first
2,000
gallons)
Ju
$-15-.-11-7
August 1,
2007 to
2008
One-family
per 1 ,000
gallons over
2,000
Inside City
Limits
ore- family
maximum
monthly
charge (Up
to 25,000
gallons)
$ 15.986
X3.232
90.340
classification
Outside City
Limits
One- family
minimum
monthly
charge (first
2,000
gallons)
Au ut
X007 to
djyjy31
2007 2008
One - family
per 1,000
gallons over
2,000
Outside City
Limits
One-family
maximum
monthly
charge (Up
to 25,000
gallons)
Inside city
Limits
Commercial
minimum
monthly
charge (first
2,000
gallons)
33.668
6.808
' o.3os
25.583
20
21
Classification
August-1-7
2007
Auust 1,
2007 to
July 31,
2008
Inside City
Limits
I
Commercial
per 1,000
gallons over
2,000
2473
- -- - 2.720
Outside City
Limits
Commercial
minimum
monthly
charge (first
2,000
gallons)
48486
51.168
Outside City
Limits
Commercial
per 1,000
gallons over
2,000
5.151
$5.447
"(b) The amount of water used to compute the monthly bills to one family residential
customers shall be computed on the basis of the "winter average" or "interim average"
that is calculated under this subsection.
(1) Definitions
a. Winter Averaging Wastewater Charge Period -- the
period of water and wastewater service during the three
complete consecutive reading periods commencing on or
after December 1 of each year. Using the three complete
consecutive reading periods, the City shall establish monthly
wastewater service charges for customers based upon their
average monthly water consumption. The customer must
receive wastewater service at one location during the three
22
consecutive reading periods in order to establish a `Tinter
average ".
b. Winter Average -- The monthly wastewater usage established
by the City of Corpus Christi during the "winter averaging
wastewater charge period". This usage is the basis for monthly
billings which apply to service before and including July 31 of each
Billings which apply to service after July 31 will reflect
y ear. g
wastewater usages based on the previous "winter averaging
wastewater charge period ".
c. Interim Average -- The monthly wastewater usage
established by the City for individual customers who have
not established a "winter average ". The "interim average"
shall be recalculated each year based on the total "winter
average" consumption of all customers subject to winter
averaging divided by the number of winter averaging
customers, and shall be the basis for monthly billings until a
" wi nter average" as defined in(b)(1 subsection b. of this
section is established for the individual customer.
d. Service Area -- the geographic region served by the
City's wastewater system.
(2) Winter Average Criteria
a. 'Winter Average" charges shall apply to one - family
residential customers only.
b. The "winter average" shall be based on a customer's
average water consumption for three complete consecutive
reading eriods commencing with the customer's first
reading period on or after December 1 of each year.
c. The following method will be used to calculate a
customer's "winter average".
1. Add the three winter months water
consumption to get total water consumption.
"2. Divide three month usage amount by 3 to
get winter average usage. Such winter
average usage shall be limited to a maximum
of 25,000 gallons.
'd. Using the winter average usage, apply the
applicable rates established in subsection (a) of this
section to calculate the customer's wastewater bill for
23
each month until a new average is established (or
rates are changed.
"e. New and Relocating Customers; Adjustments
"1. Customers new to the service area, who
have not established a "winter average ", shall
be billed at the "interim average" rate.
"2. Customers who are relocating within the
service area, who established a "winter
average" at their previous address, shall be
billed at the "interim average" rate or their
"winter average" rate at the previous address,
whichever is less.
"3. Customers who are relocating within the
service, area, who have not established a
"winter average" at their previous address,
shall be billed at the "interim average" rate.
"4. When a customer experiences a
substantial increase in water or wastewater
usage from hidden water leaks in the plumbing
system during the winter average charge
period, and if the customer can produce proof
of repairs, the Director of Finance or the
Director's designee may adjust the wastewater
bill.
"(3) Administrative change in rates.
"a. Annually the City Manager shall calculate base revenues
from single - family residential wastewater customers. Base
revenues shall equal
the prior year's actual revenues from single - family residential
wastewater customers, adjusted
for all subseuent actual rate increases,
implemented4n-subsequen4ears and for any increase Lrj
the sin e-famil residential wastewater customer base. For
this purpose, a year shall run from -June 1 through May 31.
"b. The City Manager shall annually, based upon the Winter
Average wastewater usage determined during the Winter
Averaging Wastewater Charge Period, adjust the rate in the
new fiscal year applied to each customer's winter average or
interim average so that the Adjusted Rate will produce an
amount equal to the base revenues.
24
"(c) The rates established in subsection (a) of this section are based upon water
consumption for wastewater service customers with wastewater characteristics of 562
parts per million or Tess by weight of chemical oxygen demand index, 250 parts per
million or less y weight of biochemical oxygen demand index, and 250 parts per million
or less by weight of suspended solids index. If the wastewater characteristics exceed
any of these parameters shall pay an additional abnormal wastewater surcharges as
provided in Section 55 -148!"
SECTION . The wastewater rates established in Section 5 of this ordinance shall take
effect and be applied against all service provided on or after the first day of August tog.
SECTION 7. Section 55 -148 of the Code of Ordinances is amended to include the
schedule of values used to determine the abnormal wastewater surcharges. Section 55-
148(a)(6) and shall read as follows:
"Sec. -14# Fees.
"(a) Abnorma wastewater surcharge.
"(6) Computations of each surcharge, as applicable, shall be based on
the following:
T's = x 8.34 x X x (COD-562)
"s = x 8.34 x (BO D-250)
',s = x 8.34 x Z (TSS-250)
"s = Surcharge in dollars for the billing period.
"v = Water consumption in millions of gallons during the billing period.
"8.34 = Weight of water in pounds per gallon.
"x = Unit charge in dollars per pound for COD as established subdivision
of this subsection.
"Y = Unit charge in dollars per pound for BOD as established in
subdivision of this subsection.
"Z = Unit charge in dollars per pound for TSS as established in subdivision
of this subsection.
"COD = Chemical oxygen demand strength index in pans per million by
weight, or mg/I.
25
"BOD = Five -day biochemical oxygen demand strength index in parts per
million by weight, or rng 1.
"TSS = Total suspended solids strength index in parts per million by
weight, or mg I.
"250 = Normal BOD and TSS strength in parts per million by weight, or
mg /l.
"562 = Normal COD strength in parts per million by weight, or mg I.
"(8) The values for X, Y, and Z used in subdivision of this subsection to
determine the abnormal wastewater surcharge are :"
Value
August
1,200
August
12OO7
to
.1uly-a-17
200Z
to
)uly 3'L.
2008
X (unit
charge in
dollars per
pound of
COD)
$4,00042,
$0.0000
Y (unit
charge in
dollars per
pound of
BOD)
# ---
0.2944
Z (unit
charge in
dollars per
pound of
TSS)
0.2113
SECTION . The values used to determine the abnormal wastewater surcharges
established in Section 7 of this ordinance shall take effect and be applied against all
service provided on or after the first day of August 2007.
26
SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase,
.. ordinance shall be held invalid or unconstitutional by final
word or provision of this ord
judet of a court
of competent jurisdictiofl, etent it shall not affect any other section,
paragraph, subdivision, clause, phrase, word or provision of this ordinance, e, for it ■
s the
he
definite intent of th is City Council that every section, paragraph, subdivision, clause,
phrase, word or provision hereof be given full force and effect for its purpose.
SECTION n shall be made in the official publication of the City of Corpus
10. Publication
Christi as required by the City Charter of the City of Corpus Christi.
That the foregoing ordinance was read for the first time and passed to its second
reading on this the day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr, Nelda Martinez
Mike Hummel! Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this
the ._.. day of ! 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody Cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mike Hummel' Michael McCutchon
Bill Kelly - --
PASSED AND APPROVED, this the day of , 2007.
ATTEST:
Armando Chapa
City Secretary
APPROVED as to form: J Iy 9, 2007
By:
t�
Lisa Aguila
Assistant City Attorney
For City Attorney
Henry Garrett
Mayor
Page 1 of 14
AN ORDINANCE
AMENDING CHAPTER 14 "DEVELOPMENT SERVICES," ARTICLE XIII
"DEVELOPMENT SERVICE FEES" DIVISION 1 "TECHNICAL
CONSTRUCTION CODE FEES," SECTION 14-1313 "TECHNICAL
CONSTRUCTION CODE FEE SCHEDULES," AND DIVISION 4
"PLATTING ORDINANCE FEES," SECTION 14-1341 "PLATTING
ORDINANCE FEES," AND DIVISION 6 "ZONING ORDINANCE FEES,"
SECTION 14 -1361 "ZONING ORDINANCE FEES," AND CHAPTER
"TRAFFIC," ARTICLE V "OPERATION F VEHICLES," DIVISION 1
"GENERALLY," SECTION 53-107 "OVERSIZED VEHICLES" of THE
CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE OR
ESTABLISH FEES RELATED TO ZONING VERIFICATION, MOBILE
HOME PERMITS, ELECTRICAL RE -OUT PERMITS, CERFICATES OF
OCCUPANCY FOR EXISTING BUILDINGS, RESIDENTIAL HOUSE
MOVER PERMIT, OVERSIZED VEHICLE PERMIT, SIGN PERMIT,
VACATING PLAT, UTILITY EASEMENT BY SEPARATE INSTRUMENT,
PLAT TIME EXTENSION, ZONING CHANGE, ZONING BOARD OF
ADJUSTMENT, DEFERMENT AGREEMENT, TECHNOLOGY FEE
RELATED TO BUILDING, ELECTRICAL, MECHANICAL, AND PLUMBING
PERMITS; PROVIDING FOR SEVERANCE
CE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI,
TEXAS:
SECTION 1. Chapter 14 "Development Services }" Article XI II "Development Services
Fees,' Division 1 "Technical Construction Code Fees," Section 14-1313 "Technical
construction codes fee schedules," of the Code of Ordinances is amended to read as
follows:
Sec. 1- 1313. Technical construction codes fee schedules.
The following fee schedules apply to activities under article 11 of this chapter:
TABLE INSET:
PLAN
REVIEW FEES
AMOUNT OF FEE
Residential plan
review
Greater of:
$13.75or $0.017
per square foot
Commercial
plan review
Greater of:
$41.00or 24% of building permit fee for first $2,000,000 of valuation+
18% of building permit fee for next $1,000,000 of valuation+ 13% of
1 building permit fee for any valuation over $3,000,000
H;ILEG DI 1 hared\ ary lagend 1200717 -171 rd- mend e 1 -Dev v s- In r ase rou 1.do
Page 2 of 14
TABLE INSET:
BUILDING DING PERMIT FEES
Commercial construction building permits
AMOUNT OF FEE
Commercial building valuation $o $2,000
Commercial building valuation $2,000 = $20,000
Commercial building valuati
Page 3 of 1
TABLE I NET:
MISCELLANEOUS CONSTRUCTION FEES
H UNT FEE
Certificate of occupancy for change o use of existing
building or structure
Duplicate certificate of occupancy
$1 7.00
Temporary events
Temporary event permit w/o food service
$48M0
Temporary event permit wi food service
$148,00
Construction site offices
$34.00
•
Demolition permit
Greater of:
$30.00or $0.01'7
per square foot
Accessibility plan review for commercial projects450,000
$75.00
Accessibility inspection & certification
i1,II
Commercial building site plan review
i1iIiLi(ixiI.
per acre
Windstorm engineering plan review, inspection,
.
certification
$300.00 per premises
Failure to obtain permit
Work commenced but not finished
Greater of 2X fees or
$250.00
Work completed
Greater of 2X fees +
investigative fee
Investigative * fee
$250.00
Re-inspection fee
$3$5.00
Permit research
SI
Insp outside City, but within ELI
Inspection ns r $45. fee + 0+
$1.35 per mik
Inspections outside City and ETY
Inspection fee + $I. $1.35 per
mile + $45,00 for each 200
miles
Permit extension
Greater of
$28. $28,00 or 25% of permit fee
HALEG-DIR‘SharediGaryS\agenda\2007\7-1710rd-AmendSec14-DevSvcs-FeesincreaseGroupl.doc
Page 4 of 14
Renewal of expired permit
Greater of
f
$28. 0 $28.00 or 25% of permit fee
+ permit extension.*
Request for refund on cance edper nit i; no work done
$28.00
Request for refund and on canceled permit r f
$5.00
Reduced fee for public schools, Federal, State, county,
municipal governments and other political subdivisions with
ad valorem tax status
L
50% of regular eri fee
'echrrolo
2.5% X b u i ding permit fees
Minimum fee
$28.00
TABLE INSET:
- ELECTRICAL PERMIT FEE .
AMOUNT OF
FEE
MM.
$5.
Electrical permit fees, except for new residential construction:
Air conditioner
Appliances (trash compactors, dishwasher, disposer, garbage disposal,
etc.)
$5.00
Circuits (including extensions and repairs) [The term "circuits" herein
means each main feeder, sub -main or branch circuit, for electrical
services; and each fused or other type of automatic cutout protected wire
of a final branch mufti-wire circuit. Each such circuit shall be charged for
and considered as a separate circuit within the terms of this section.]
Construction loop
Equipment - moving picture projector, .ray machine or elevator
Fixtures, residential or commercial building
Heating equipment (electric) -- furnaces, heaters, co mmerci al cooking
units, and hot water heaters --
s per 5 kw ', 'l'1 ?1��
Heating equipment (gas) -- furnaces, heaters, commercial cooking units,
and hot water heaters
Hot tub, spa
Motors (each individual motor
Services up to 100 amperes
Services 101 to 200 amperes
$5.00
$5.00
$22. 2
$0,45
$5,00
$5.
$5. 00
$10.00
10.00
$14.50
HALEG-DIR‘Shared‘GaryMagenda\2007\7-17‘Ord-AmendSec14-DevSvcs-FeesincreaseGroupl.doc
Page 5 of 14
Services 201 to 400 amperes
Services over 400 amperes
Services each additional meter
Service panel (change out)
Signs, per transformer
Swimming pool
$22.25
General repairs, additional fee for work not included in any of the above
New residential construction
$44.25
$5OO
$5.00
$5.00
$39.00
$2&OO
Electrical permit for new residential construction
Electrical erm for accessory residential construction
Re-out inspection
Replacement license
$o O per square
foot of building
area
so. O5per square
foot of building
area
TechnoloFV fee
Minimum fee
$8.00
2.5% X
electrical
permit fees
$28.00
TABLE INSET:
ENERGY CONSERVATION FEES
AMOUNT OF FEE
Commercial energy conservation plan review & inspection $0.05 per square feet
TABLE INSET:
FUEL GAS FEES
Each gas service, + first m.et r� loop, per meter 5.
Each additional meter loop $5.00
AMOUNT OF FEE
Each gas line - new distribution
Each gas line - new service
Each gas line — replace distribution
$5.00
$5.00
$5.00
H:1LEG DlF 1 haredl arysla enda\ O7\ -171 rd- Aranerld e 1 - eV V s- Feeslforease .doc
Page 6 of 14
Each gas line — replace service
$5.00
gas penng
$5.00
Each asths dryer
$5,00
Each gas replace gniter to set
$5.00
Each gas #door heater snit
$5.00
Each gas f�ae
$5.00
Each gas heater
$5.00
Each gas hot mater heater
$5.00
Each gas pool heater
$5.00
Each gas wall furnace unit
$5.00
New residential construction
Gas permit for new residential cor s r uc i
$O. $0.05per square foot of building area
Gas permit for accessory residential construction
$0.05per square foot of building area
Minimum fee
- -- - - i� \ -R _!�� _ -
$2&OO
_ "_ "_ _- Yid "!. ■�7A `r. _ _ __ - _ _
TABLE INSET:
MECHANICAL ICAL FEES
AMOUNT OF FEE
Mechanical permi fees, except for new residential o tr io n■
IIIIIIIIIIIII
$28.00 + $3.00 per
$1,000 in valuation
Installation of non - existing heating, ventilating, duct, air condition,
and refrigeration systems
Additions to existing heating, ventilating, duct, air condition, and
refrigeration systems
$28.00 + $3.00 per
$1,000 in valuation
Additional boiler
33,000 BTU (1 BHP) >=330,000 BTU (10 BHP)
$30.00
>330,000 BTU (10 BHP)
$67.00
New residential construction
Mechanical er mi for new residential constr cction (areas that do not
■ ..
cortain any heating, ventilation, duct, air cordrionirg, or
■
refrigeration systems are excluded)
$0.05per square ` foot
■
f building area
Mechanical err�ifor accessory residential construction
$0.05per sine, foot
w
o, f building area
H: \LEG -DiR Shared\ arySlagenda\2 0717 -171 rd -Amend a 14 -D v ves- FeesIn rease roup1.da
Temporary operation inspection
$3 7.00
Page 7 of 14
Technolo ee
Minimum fee
TABLE INSET:
2.5% X mechanical
tica
permit fees
$28.00
PLUMBING CODE FEES
Plumbing permit fees, except for new residential
construction:
Each water service
Each water distribution - new (inside)
Each water distribution - replace (inside)
AMOUNT OF FEE
Each water service - new (outside)
Each water service - replace (outside)
Each back flow preventer
Each plumbing fixture
X5.00
Each lavatory
Each shower
Each sink
Each slop sink
$5.00
$5.00
$5.00
$5.00
$5.00
$5.00
Each spa
Each tub, bath
$5.00
$S. 00
Each urinal
Each water closet
Each piece of equipment attached the water service
Each boiler
Hot water boiler
Steam boiler
$5.00
X5.00
$s. o0
$5.00
Each cooling tower
Each dishwasher
$5.00
$3.00
Each drinking foun ain
$15.00
$5.00
$500
X1:1 LEG -DI 1Shared\ ary \agend 1 O 17 -17 \Ord -Am nd 1 -Dev v s•Feestin reas rOup1.doo
Page 8 of 14
Each hot water heater
Electric hot water heater
$,5.00
Gas hot water heater
.00
0
Each lint interceptor
$124.00
Each pool heater
$5 . 00
Each pump
$.5.00
Each self-contained, heating
$5 .0
Each sink-garbage disposal unit
$5.0
Each washing machine
$5. 00
Each water-fed i making machine
SI 5. 0
Each water softener
$5.00
Each whirlpool
$5.00
Lawn sprinkler and irrigation systems, per 1,000 square
feetoflot services
Each drain or connection to sanitary or storm sewer
systems
Each building sewer (lateral)
19.
$19. 00
Each building sewer extension to other buildings
$15. 0
Each building dram
$.5.00
Each catch basin
$.5.00
Each connection to storm sewer
$23.50
Each floor drain
$5.00
Each grease interceptor
$23. 50
Each hub drain
$5.00
Each lift station
$5.00
Each manhole
Each roof drain
Each sand trap
ftunnelfobsfee, per building
First tunnel
H :tE -DIF \Shared\ ar S nd 1 OO717 -171 rd -Amend e 1 -D v -F In r a e .doc
o
Page 9 of 14
Each additional tunnel
$12. 00
Classification
New residential onstruioa
License Fee
House mover
r ■ .
Plumbing permit for new residential construction
$o. o5 per square foot of
building area
Master electrician
Plumbing permit f or accessory residential co s u a
foot o
$0.05per square
building area
Master electrician -sign
Tgchfrigiggyff_c_
2. % XPlumbing r
fee __
$75.00
$135.00
Minimum fee
$28.00
$30!00
TABLE INSET:
LICENSE
FEES
Classification
Examination Fee
License Fee
House mover
None
$133.00
Master electrician
$75.00
$135.00
Master electrician -sign
$75.00
$135.00
Master electrician-elevator
$75.00
$135.00
Journeyman electrician
$75
$75.00
$30!00
Maintenance electrician
$35.00
$30.00
Limited joume)Inan electrician
$75.00
$30.00
Apprentice
None
$25.00
Certified electrical maintenance person
$30.00
None
TABLE INSET:
CONTRACTOR REGISTRATION FEES
Mechanical contractor
Mechanical contractor
TABLE INSET:
AMOUNT
$67.00
Technical Construction Appeal & Advisory Boards Fees
Amount
Requests for interpretation, technical ruling, modification of code, concurrence
for use of an alternative material or method, and appeal from decision of Building
Official to technical construction appeals and advisory boards
$265 ■o
SECTION 2 Chapter 14 "Development Services," Article XIII "Development Services
H :\LEG- DIR1SI aredl ar 'agenda\ 071 -1 rd- AmendSec14 -[ ev vcs -Ee slncrease rou .doc
Page 10 of 14
Fees," Division 4 "Platting Ordinance Fees," Section 14-1341 "Platting ttin ordinance fees," of
the Code of Ordinances is amended to read as follows:
Sec. 14 -1341. Platting ordinance fees.
This division sets the amounts of the fees required by the platting ordinance.
TABLE INSET:
PLATTING ORDINANCE FEES
Platting application
Type 1 or IA < 1 acre
Type 1 or IA 1 >= 5 acres
Type 1 or IA > 5 acres
Type 11 or IIA < 1 acre
Type 11 or IIA 1 >= 5 acres
Type II or IIA > 5 acres
Type II1 or IIIA < 1 acre
Type III or IIA. 1 >= 5 acres
Type III or IIIA > 5 acres
Application to extend a plat
Application to plat single lot subdivision by Engineering Services
Deposit for review of deed or surveyor field notes
Hardship variance application fee
Platting appeal application fee
thint re anent fee
111 easement b separate instrument fee
AMOUNT OF FEE
$341.00
$554.00
$512.00
$792M0
$896.00
$4a;oo 685.00
$4 685.00
$48.0O 685.00
$3070.0 38.00
$60.00
$50.00
$50.00
$50.00
$1,087.00
$249.00
Infrastructure trust fund lot & acreage fees
Lot fee for water infrastructure
Acreage fee for water infrastructure
Surcharge for water infrastructure
Lot fee for water infrastructure for single-family or duplex
Acreage fee for water infrastructure for single - family or duplex
Surcharge for water infrastructure for single - family or duplex
$186.00
$741.00
$125.00
$92.00
$359.00
$173.00
HAL - DIRNSharedl aryMa endal o71 -1 lordiAmend ec1 - Dews- Feesln r as roupl.doe
Page 11 of 14
Water distribution line front foot pro rata fee
PIIc water tap fee
P1fc lot fee for water infrastructure
PIfc acreage fee for water infrastructure
Lot fee for wastewater infrastructure
Acreage fee for wastewater infrastructure
$7.53
Surcharge for wastewater infrastructure
Collection line front foot pro rata fee
Lot fee for storm water infrastructure
$480.00
$4$0.04
$1,200.00
$283.00
Acreage fee for storm water infrastructure
$1,133.00
Surcharge for storm water infrastructure
Front foot pro rata charge
Request for lot/acreage fee exemption determination
$200.00
$8.79
$0.00
Recording fees
$0.00
$0.00
$0.00
$b0.40
City's actual costs
SECT1ON 3. Chapter 14 "Development Services," Article XIII "Development Services
Fees," Division 6 "Zoning Ordinance Fees," section 14 -1 361 `Zoning ordinance fees,"
of the Code of Ordinances is amended to read as follows:
Sec. 14-1361. Z nin r inan a fees.
This division sets the amounts of the fees required by the zoning ordinance.
TABLE INSET:
ZONING ORDINANCE FEES
Rezoning application fees
0.00 >= 0.249 acre
0.25 >= 0.99 acre
1.00 >= 4.99 acres
AMOUNT OF FEE
E
5.00 >= 9.99 acres
1 0.00 >= 1 4.99 acres
15.00 >= 19.99 acres
20.00 >= 24.99 acres
$5420O 1,107.5Q
$591-00 1,17.0
$82-5,00 1,697.50
$44-72.00 1,69Z.50
$ ,
1,97C75
$1-499.0O 1,976.75
$1,5840O 1 976.75
H:IL -DI F1s h aredlaryslaenda120717 -1 lord•Arnends1 4- Devo -Feesf nrease .doc
Page 12 of 14
25 M0 acres or
1,584.00 1,97615 + $50.00
per acre over 25 acres
Planned unit development application fees
0.00 >-- 0.249 acre
$542.00
0.25 >= 0.99 acre
$591.00
1.00 >= 4.99 acres
$825.00
9.99 acres
$1,172.00
# • • acres
$1,317.00
- -- - - -- -- - -- - - - - - --
$1,499.
! .00 >= 24.99 acres
$1,584.00
25.00 acres or more
-- - - -- - - - -
$1,584.00 $1,584.00 + $50.00 per acre over 25 acres
Special use permit application fee
$50.00
special use permit application fee
$100.00
Conditional sign permit application fee
$259.00
Fence
exception
$353.O0
.
$265.O0 636.50
Landscape review /inspection
$40.00 + $20.00 per acre
Zoning verification letter
$54100 77.00
Request to table zoning case
$50.00
SECTION 4. Chapter 53 "Traffic," Article V "Operation of Vehicles," Division 1
"Generally," Section 53-107 "Oversized vehicles" of the Code of Ordinances is
amended to read as follows:
Sec. 53-107. Oversized vehicles.
No vehicle exceeding g the legal maximum dimensions and/or load limits as
specified in the Texas Motor Vehicle Law, including houses and other
structures being moved under the provisions of section 2204 of the city
building code, shall operate on any city street without first obtaining the
required permit from the director of engineering services or his designated
representative. Such permit shall outline the required routing through the
city, safety requirements, escort services, and any other provisions
necessary to protect the public welfare and safety. Such permit shall be
accompanied by an indemnity agreement of a form approved by the city and
such insurance and bonds which may be deemed necessary. Application for
H:1 LEG -Di 1Sharedl ary la nda1 717 -17 \Ord - m n e 14 -Dev vc s -F es1n re roup1,doc
Page 13 of 14
such permit shall be accompanied by a processing fee of eighty -eight dollars
($8O-OO88QQ) to cover administrative costs.
SECTION 55. If for any reason any section, paragraph, subdivision, clause, phrase, word or
provision of this ordinance shall be held invalid or unconstitutional by final judgment of a
court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision,
clause, phrase, word or provision of this ordinance, for it is the definite intent of this City
Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof
be given full force and effect for its purpose.
HALEG-DIRkShared‘GarySiagenda\2007‘7-17VOrd-AmendSec14-DevSves-FeesincreaseGroupl.doc
Page 14 of 14
That the foregoing ordinance was read for the first time and passed to its second reading
on this the day of , 2007, by the following vote:
Henry Garrett Priscilla G. Leal
Melody cooper John E. Marez
Larry Elizondo, Sr. Nelda Martinez
Mile Hummel' Michael McCutchon
Bill Kelly
That the foregoing ordinance was read for the second time and passed finally on this the
day of , 2007, by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
Michael McCutchon
APPROVED ED AND PASSED on this day of 2007.
ATTEST:
Armando Chapa, City Secretary Henry Garrett, Mayor
APPROVED: July 11, 2007
arn;eC
. Smith - - --
Assistant City Attorney
For City Attorney
H:1LE -DIF 1sl aredl ry la er d 1 0D 1 -1 I rd -A nd a 14- Dell s- FeesIn cease r .doc
RESOLUTION
AUTHORIZING
ADJUSTMENT T of PARKS, RECREATION, EATIO 1, C LTU1 AL, AND
LEISURE TIME
ACTIVITIES RENTAL 1TAL AND RECREATIONAL FEES; ADDING NEW
RENTAL FEES AND RECREATIONAL EATIONAL FEES FOR FISCAL YEAR 2007 -2008;
PROVIDING FOR PUBLICATION; PROVIDING FOR EFFECTIVE DATE; AND
PROVIDING G Fo SEVERANCE
Whereas, Section
36-3 of the Code of Ordinances requires City Council approval by
motion or resolution for creation of an y new rental rates, or increase of existing rental
than 25 percent, for parks and recreation department facility rental; and
rates by more t t �
'llhereas, Section 36-7 of the Code of Ordinances requires City Council approval by
motion or resolution for creation of any new user fees, or increase of existing user fees
by more than 25 percent, for parks and recreation department facility use;
p
NOW, THEREFORE, FORE BE IT RESOLVED BY THE CITY COUNCIL F THE CITY OF
CORPUS CHRISTI, TEXAS:
'l. The City Council approves the adjusted rental rates and recreational fees
SECTION ty pp
for the parks and recreation department use fees, as shown in Exhibit A, for Fiscal Year
2007 -08.
2. The City Council approves new parks and recreation department
SECTION ty pp
re
recreational use fees as shown in Exhibit B attached, for Fiscal Year 2007 -08,
SECTION 8. This resolution is effective August 1, 2007.
SECTION #. Publication will be made in the official publication of the City of Corpus
Christi as re uired y the City Charter of the City of Corpus Christi, Texas.
SECTION . The Cit y Council intends that every section, paragraph, subdivision,
provision word and rovision of this resolution shall be given full force and effect for its
I any section, subdivision, clause, phrase, word or provision of this
purpose. y r
resolution
is held invalid or unconstitutional by final judgment of a court of competent
jurisdiction, t hat judgment wall not affect any other section, paragraph, subdivison,
clause, phrase, word or provision of this resolution.
ATTEST:
Armando Chapa, City Secretary
APPROVED: July 9, 2007
Lisa Aguilar, Assistant City Attorney
for City Attorney
CITY OF CORPUS CHRISTI
Henry Garrett, Mayor
EXHIBIT A
FEES INCREASED BY MORE E THAN 25%
Section 1. ATHLETICS
F. Court practice time for Ben Garza & Cabaniss Field Gym
during regular hours, one -hour limit
1/2 court - youth
Section 2. AQUATICS
D. City Swim Lea . ues
TAAF Regional Swim Meet
City Championship Swim Meet
Section 3. TENNIS
A. Annual /Semi - annual Fees
Youth semi- annual
CURRENT RATE PROPOSED RATE
FYO6 -07 FY 7-08
$ 15.00 !hr
$ 20.00
2.00 /event/ person $ 3.00
2.00 /event! arson $ 3.00
F. HEB Covered Court Pavilion Fees
Per person Monday thr0ugh Friday:
8 :00 am 5:00 •m
Doubles
5:00 pm 9:30 pm
Doubles
Per person weekends:
Saturda 9 :00 am - 2 :00
Doubles
Sunday 1 :00 . m - 6 :00
Doubles
$ 45.00
$ 60.00
4.50
Section 6. SENIOR CENTER RENTALS
Facility rental fees below include staff supervision and cleanup
Set up Fee (one-time non- refundable)
E. Garden Senior Center
Patio
C. Broadmoor Senior Center
Entire Fad.ty
Section 7. SUMMER YOUTH PROGRAM
A. Summer Recreation reation Program (drop in)
Monday - Friday, 11 a - 4p (8 weeks)
Section 12. MARINA
D. Dry Hard Stand Storage Rental:
V1eeklr*
5.00
5.00
5.00
$ 50.00
$ 7.00
$ 7.00
7.00
7.00
$ 75.00
$ 30.00 /4 hr $ 40.00
$ 100.00 /4 hrs $ 150.00
$ 2.00 /youth/week $ 4.00
$ 26.25 35.00
EXHIBIT
NEW FEES
PROPOSED RATE
FY07 8
Section 12. MARINA
E. Monthly Utility Recovery Fee (includes garbage pickup 7 daysiwk and utility maintenance):
Craft over 70 feet up to 100 feet
Pleasure craft $ 37.30
Commercial craft 43.30
Craft over 100 feet
Pleasure craft $ 50.00
Commercial craft
Utility Recovery Fee:
Daily
Weekly*
Monthly*
Usa ! e over minimum
$ 60.00
Dua o amp NALOO
$ MOO 0 . __$.. 1 2.50
18.00 $ 20.50
$ 75.00 $ 85.00
$0. /K H $ .14IK H
G. Rates for Live Aboard Pleasure Craft:
Monthly .Ius sli 4 rental fees (two • ersons ' $ 75.00 /month
Each additional * erson over two s ers ns 25.00
P. Portable Puna • out Service Fee:
Weekly is defined as seven consecutive nights; monthly as thirty consecutive nights.
Section 13. JUVENILE ILE ASSESSMENT CENTER •
Urine Analysis screening for court ordered
and volunta case management "cases".
2
$ 25.00 /hour -
$12.00 /screening
Corpus Christi, Texas
of _ -- , 2007
The above resolution was passed by the following vote:
Henry Garrett
Melody Cooper
Larry Elizondo, Sr.
Mike Hummel!
Bill Kelly
Priscilla G. Leal
John E. Marez
Nelda Martinez
z
Michael M Cu hon