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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