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Agenda Packet City Council - 08/21/2007
CITY COUNCIL AGENDA AUGUST 21, 2007 Corpus Christi AH-America Citv 1145 A.M. - Proclamation declaring August 26, 2007 as "Women's Equality Day" Commendations for Neighborhood Improvement Program and Model Block Partners Commendation Certificates for Southside Pony All Stars 9U Commendation for Judge Deanie M. King "2007 Judge of the Year" by Texas Municipal Courts Presentation: "Plaque to Sr. Officer Kevin Felt" from Sheriff Robert De La Garza "At Your Service" Award, Staff Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 AUGUST 21, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habre un interprete ingles- esparrol en todas las juntas de! Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Alan Delafield, Asbury United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Mike Hummell Council Members: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla G. Leal Michael McCutchon John E. Marez Nelda Martinez Agenda Regular Council Meeting August 21, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of July 24, 2007. (Attachment # 1) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Board of Adjustment * Building Code Board of Appeals * Commission on Children and Youth * Corpus Christi Downtown Management District * Park and Recreation Advisory Committee * Small Business Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. !f deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and/or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS. ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (A t this point the Counci! will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting August 21, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving a three -year HVAC maintenance service agreement with Johnson Controls, Inc., of Corpus Christi, Texas in the amount of $183,600 of which $56,100 is required in FY 2007 -2008. The award is in accordance with the State's Cooperative Purchasing Program. Funding is available in the General Services Department in FY 2007 -2008 and will be requested in subsequent fiscal years. (Attachment # 3) 4. Motion approving the purchase of one (1) brush loader truck from Chastang's Bayou City Ford Truck Sales, Inc., of Houston, Texas for the total amount of $101,181.38. The award is based on the City's cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This brush loader truck will be used by Neighborhood Services. Funds are budgeted in the operations budget of the Neighborhood Services Department. (Attachment # 4) 5. Motion approving the purchase of two (2) automated side - loading refuse trucks from Rush Truck Center of Texas, L.P., of Houston, Texas in the amount of $437,694 of which $32,243.20 is budgeted in FY 2007 -2008. The award is based on the City's cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These trucks are replacements to the fleet and will be used by Solid Waste Services. Financing will be provided through the City's lease - purchase program. (Attachment # 5) 6. Motion approving a supply /service agreement to be activated only in the event of a hurricane or other disaster with Garner Environmental Services, Inc., of Deer Park, Texas in accordance with Bid Invitation No. BI- 0217 -07, based on only bid for an estimated expenditure of $600,952.50. The term of the agreement will be for twelve months with an option to extend the agreement for up to four additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. (Attachment # 6) Agenda Regular Council Meeting August 21, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7.a. Motion authorizing the City Manager or his designee to approve the annual software maintenance renewal with ESRI, Inc., of Redlands, California in an amount not to exceed $53,162.12 for the ESRI suite of products used by the City's Geographic Information System users based on sole source. (Attachment # 7) 7.b. Motion authorizing the City Manager or his designee to approve purchase of continued annual maintenance costs from ESRI, Inc., of Redlands, California for the ESRI suite of products subject to annual appropriation of funds based on sole source. (Attachment # 7) 8.a. Motion authorizing the City Manager or his designee to authorize payment of Invoice No. 10234619 for twelve month software and hardware maintenance with Kronos, Inc., of Chelmsford, Maryland in an amount not to exceed $48,179.52 based on sole source. (Attachment # 8) 8.b. Motion authorizing the City Manager or his designee to approve purchase of continued annual maintenance costs from Kronos, Inc., of Chelmsford, Maryland for software and hardware for the Kronos suite of products subject to annual appropriation of funds based on sole source. (Attachment # 8) 9.a. Resolution authorizing the City Manager or his designee to execute a cooperative agreement with the United States Department of Justice, Drug Enforcement Administration (DEA) in an amount not to exceed $20,000 for the Police Department to provide officers on an overtime basis to a joint operation/task force. (Attachment # 9) 9.b. Ordinance appropriating $20,000 from the United States Department of Justice, Drug Enforcement Administration (DEA) for the Police Department to provide officers on an overtime basis to a joint operation/task force in the No. 1020 General Fund - Police Department; amending Ordinance No. 027352 which adopted the FY 2007 -2008 budget by increasing both revenues and appropriations by $20,000. (Attachment # 9) Agenda Regular Council Meeting August 21, 2007 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10.a. Resolution authorizing the City Manager or his designee to accept a $56,119 grant awarded by the Corporation for National and Community Service forthe Retired and SeniorVolunteer Program (RSVP). (Attachment # 10) 10. b. Ordinance appropriating a $56,119 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program (RSVP). (Attachment # 10) 11.a. Resolution authorizing the City Manager or his designee to accept a $275,761 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 11) 11.b. Ordinance appropriating a $275,761 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. (Attachment # 11) 12.a. Resolution authorizing the City Manager or his designee to accept a grant of $150,475 from the Department of State Health Services for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. (Attachment # 12) 12. b. Ordinance appropriating a grant of $150,475 from the Department of State Health Services in the No. 1066 Health Grants Fund for personnel costs and other expenses relating to a plan for responding to an act of terrorism. (Attachment # 12) 13. Resolution authorizing the City Manager or his designee to execute a one -year lease option agreement with the United States Government on behalf of the United States Coast Guard for property located at the Corpus Christi International Airport. (Attachment # 13) Agenda Regular Council Meeting August_ 21, 2007 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. Ordinance appropriating $13,975.69 into the Library Capital Improvement Program Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $1,739.68 from mineral interest from the William T. Neyland Estate and $12,236.01 from unappropriated interest earnings from the Library Capital Improvement Program Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $13,975.69. (Attachment # 14) 15. Resolution authorizing the City Manager or his designee to increase the escrow amount of the Advance Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $158,590.93 for Change Order No. 21 to adjust the final quantities associated with the construction of barrier -free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements Project (Weber, Alameda, Santa Fe). (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute an engineering contract with HDR, Inc. (Shiner Moseley), of Corpus Christi, Texas in the amount of $404,600 for the J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill Gas Collection System. (Attachment # 16) 17. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Naismith Engineering, of Corpus Christi, Texas in the amount of $40,200 for a restated total not to exceed fee of $64,700 for the Regional Transportation Authority (RTA) Special Streets Project, Livable Communities Initiative. (Attachment # 17) I. PUBLIC HEARINGS: 18. Public hearing on proposed ad valorem tax rate increase. (Attachment # 18) Agenda Regular Council Meeting August 21, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) ZONING CASES: 19. Case No. 0707 -02, JTJ Investments, Inc.: A change of zoning from a "R-1B" One - family Dwelling District to a "A -1" Apartment House District on property described as Nueces Gardens 1, Block 1, Lots 4 and 4A, located on Violet Road, approximately 300 feet south of Mayfield Drive. (Attachment # 19) Planning Commission and Staffs Recommendation: Approval of the "A -1" Apartment House District. ORDINANCE Amending the Zoning Ordinance, upon application by JTJ Investments, Ltd., by changing the zoning map in reference to Nueces Gardens 1, Block 1, Lots 4 and 4A, from "R-1B" One - family Dwelling District to "A -1" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 20. Case No. 0707 -03, LSCC Holdings, L.L.C.: A change of zoning from a "R-1B" One - family Dwelling District to a "B-4" General Business District on property described as 0.697 acres (Tract 1) and 0.298 acres (Tract 2), both out of Nueces River Irrigation Park Annex No. 1, located at the intersection of Riverwood Drive and FM 624 (Northwest Boulevard). (Attachment # 20) Planning Commission and Staffs Recommendation: Denial of the "B-4" District and in lieu thereof, approval of a "B -1" Neighborhood Business District for Tract 1 and 2. ORDI NANACE Amending the Zoning Ordinance, upon application by LSCC Holdings, L.L.C., by changing the zoning map in reference to 0.697 acres (Tract 1) and 0.298 acres (Tract 2) out of Nueces River Irrigation Park Annex No. 1 from "R-1B" One - family Dwelling District to "B -1" Neighborhood Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. Agenda Regular Council Meeting August 21, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) J. PRESENTATIONS: Public comment will not be solicited on Presentation items. 21. Discussion and Update on Water Issues (Attachment # 21) 22. Wastewater Collection System Master Plan Update for South of Oso Creek (Attachment # 22) 23. Downtown Management District (DMD) Annual Report (Attachment # 23) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 24. Motion authorizing the City Manager or his designee to enter into an Interlocal Agreement between the City of Corpus Christi and the Corpus Christi Downtown Management District (DMD) for 2007 -2008 and to provide an extension of the agreement, at the option of the City Council, for up to two additional one -year terms contingent upon annual appropriation of funds. (Attachment # 24) 25. Resolution authorizing the City Manager or his designee to take all actions necessary to pursue the conveyance of property to the Texas A &M University System for the expansion of Texas A &M University - Corpus Christi campus. (Attachment # 25) 26. Motion directing the City Manager to implement a policy dues check off capabilities for non - public safety city employees. (Attachment # 26) 27. Discussion and consideration of participation in the City of Ingleside Local Redevelopment Authority (LRA) and possible appointments to that entity. (Attachment # 27) Agenda Regular Council Meeting August 21, 2007 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 28.a. Ordinance appropriating $152,485.25 from the unappropriated interest earnings in the Library 2005 Capital Improvement Program Fund 3224 and transferring into Library 2005 Capital Improvement Program Fund 3224; appropriating $52,880.38 from the unappropriated interest earnings in the Library 2007A Capital Improvement Program Fund 3225 and transferring into Library 2007A Capital Improvement Program Fund 3225 for the new Southside Library; changing Capital Budget FY 2006 -2007 adopted by Ordinance No. 026997 by increasing appropriations by $205,365.63. (Attachment # 28) 28.b. Motion authorizing the City Manager or his designee to execute a construction contract with The DLP Group, Inc., of Corpus Christi, Texas in the amount of $2,910,550 for the New Southside Library for the Base Bid and Alternate Nos. 1, 2, 3, 4, and 10. (BOND ISSUE 2004) (Attachment # 28) 29. Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master Channel 27 Drainage Project, on five tracts of land known as Parcels 5A, 5B, 6A, 6B, and 6C; and for a related Drainage and Utility Easement known as Parcel 5C; together with two related Temporary Construction Easements; all out of Lots 22, 23, and 24, Section 20, Flour Bluff and Encinal Farm and Garden Tracts; from the owners, Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee; for the public purpose and use as a storm water drainage channel and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of the City's power of eminent domain. (Attachment # 29) 30. First Reading Ordinance - Amending Chapter 33, Article VI. Graffiti Control, of the City Code of Ordinances by revising the provisions regarding notice requirements, the hearing process, eradication efforts and providing for liens; providing for publication; providing for penalties; and providing for an effective date. (Attachment # 30) Agenda Regular Council Meeting August 21, 2007 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 31. First Reading Ordinance - Amending Chapter 14 "Development Services," Article XIII "Development Services Fees," Division 4 "Platting Ordinance Fees," Section 14 -1341 "Platting Ordinance Fees," and Chapter 55 "Utilities," Article V "Taps and Connections," Section 55 -70 "Adoption of Rules, Regulations, and Water and Gas Fees," and Section 55 -71 "Sewer Tapping Fees" of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting fees and Tap fees. (Attachment # 31) L. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING. WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and .state your name and address. if you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree quo su ingles es limitado, habre un interprete ingles- espanol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. M. 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 Agenda Regular Council Meeting August 21, 2007 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 32. 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. 33. Executive session under Texas Government Code Section 551.071 regarding Cause No. 05- 1330 -F, San Juanita Graham v. City of Corpus Christi, in the 247th District Court of Nueces County, with possible discussion and action related thereto in open session. N. 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. 34. CITY MANAGER'S REPORT Upcoming Items 35. MAYOR'S UPDATE 36. COUNCIL AND OTHER REPORTS O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's officialib, letin board at the front entrance to City Hail, 1201 Leopard Street, at d : 0 p.m., August 17, 2007. tnjv-wc/o e frp3 Armando Chapa s' City Secretary Agenda Regular Council Meeting August 21, 2007 Page 12 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 24, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Nelda Martinez Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon John Marez City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Deacon Michael Mantz with Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 17, 2007. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * City Manager Noe provided a brief update on the water system issues. Council members asked questions regarding if the situation had occurred before in the City; if other communities have dealt with chlorine issues; the causes and identification of the problem; the negative testing of bacteria levels; staff awareness; the sampling of water; and the use of Texas Department of Transportation signs to provide awareness to citizens. * * * * * * * * * * ** Mayor Garrett referred to Item 2 and the following board appointments were made: Corpus Christi Business and Job Development Corporation Butch Escobedo (Appointed) Brad Lomax (Appointed) Human Relations Commission Leah Patterson (Appointed) Richard Pulido (Appointed) Margie Myers (Appointed) Jared Cummings (Appointed) Lauren McAdams (Appointed) Johnny Dean Richter Meisner (Appointed) * ******* * * ** Minutes — Regular Council Meeting July 24, 2007 — Page 2 Mayor Garrett called for consideration of the consent agenda (Items 3 - 18). Mr. J.E. O'Brien, Mr. Bill Kopecky and Mr. Jack Gordy asked that Items 16 and 17 be pulled for individual consideration. Council members requested that Items 10, 12, 13, 16 and 17 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2007 -186 Motion approving the purchase of four (4) compact sport utility vehicles (SUVs) and four (4) pickup trucks from Philpott Motors, of Port Neches, Texas for a total amount of $158,607. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The vehicles will be used by the Fire Department. All units are replacements to the Fleet. Funding is available in the Fire Department Operations Budget. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4. MOTION NO. 2007 -187 Motion approving the purchase of one (1) backhoe from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas for a total amount of $54,513.71. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by Park Operations. Funds for the purchase of this equipment are available in the Parks and Recreation Department's FY 2006 -2007 Budget. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 5. MOTION NO. 2007 -188 Motion approving a service agreement with McNeilus Truck and Manufacturing Company of Hutchins, Texas for the refurbishment of thirteen (13) auto -reach side loader packer bodies for an estimated amount of $543,998. Funding is available in the Operations Budget of the Solid Waste Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 6. MOTION NO. 2007 -189 Motion approving the purchase of a tow tractor from Toyota Lift of South Texas in accordance with Bid Invitation No. BI- 0187 -07, based on only bid, for a total amount of $33,601. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7 MOTION NO. 2007 -190 Motion approving Change Order No. 1 to the purchase contract with Advanced Containment Systems, of Houston, Texas in the amount of $29,355 for a revised contract value of $363,011 fora camera system package to be installed and integrated into the Bomb Rescue Minutes — Regular Council Meeting July 24, 2007 — Page 3 Vehicle. Funding is made available through the Homeland Security 06 -08 Law Enforcement Terrorism Prevention Program (LETPP) Grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8.a. ORDINANCE NO. 027339 Ordinance appropriating a grant in the amount of $216,000 from the Texas Health and Human Services Commission in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2007 -2008. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 8.b. RESOLUTION NO. 027340 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $216,000 grant from the Texas Health and Human Services Commission Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2007 -2008. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8.c. RESOLUTION NO. 027341 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack - Child and Adult Care Food Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 9.a. RESOLUTION NO. 027342 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $200,000 grant from the United States Department of Justice, Office of Justice Programs, for continued support of the Weed and Seed Program, Site II West, for FY 2007- 2008. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 9.b. ORDINANCE NO. 027343 Ordinance appropriating $200,000 from the United States Department of Justice, Office of Justice Programs in the No. 1067 Federal /State Grants Fund for continued support of the Weed and Seed Program, Site II West, for FY 2007 -2008. Minutes — Regular Council Meeting July 24, 2007 -- Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 11. RESOLUTION NO. 027345 Resolution authorizing the City Manager or his designee to execute a first amendment to the Interlocal Cooperation Agreement for disaster operations with the City of Port Aransas. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 14. MOTION NO. 2007 -192 Motion authorizing the City Manager or his designee to execute a Job Order Construction Contract with Alpha Building Company, of Corpus Christi, Texas in the amount of $199,448.01 for the Greenwood Senior Center (CDBG), Lindale Senior Center (CDBG), and Joe Garza Recreation Center, HVAC Replacement Projects. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 15. ORDINANCE NO. 027348 Ordinance amending the Code of Ordinances Chapter 57 Vehicles for Hire, to allow for a two -year driver's permit and corresponding fee and to amend the sliding scale for rates of fare based on fuel price; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18.a. MOTION NO. 2007 -195 Motion to amend prior to second reading the ordinance amending Chapter 17 Finance and Taxation, Article I In General, Section 17 -20 Lease Agreement Fees to restrict the fee related to leases to those processed through Development Services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18.b. ORDINANCE NO. 027349 Amending Chapter 14, Development Services, Article XIII, Development Service Fees, Division 4, Platting Ordinance Fees, Section 14 -1341, Platting Ordinance Fees, and Chapter 17, Finance and Taxation, Article I, In General, Section 17 -20, Lease Agreement Fees, and Chapter49, Streets and Sidewalks, Article I, In General, Division I, Generally, Section 49 -12, Petition to Council to Establish or Close Streets, etc., and Section 49 -13, Request for Closing or Abandonment of Easement, and Division 2, Temporary Closure of Streets, Section 49 -16, 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. (First Reading 7/17/07) Minutes — Regular Council Meeting July 24, 2007 — Page 5 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 10 regarding a grant from the Texas Automobile Theft Prevention Authority (ATPA). In response to Council Member Elizondo, Police Chief Bryan Smith said the automobile theft situation has improved greatly since the auto task force has been in existence and has decreased auto thefts by 40 percent. City Secretary Chapa polled the Council for their votes as follows: 10.a. MOTION NO. 2007 -191 Motion authorizing the City Manager or his designee to accept a grant in the amount of $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 7 with a City cash match of $263,377, in -kind match of $12,488, fora total project cost of $721,047 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 10.b. ORDINANCE NO. 027344 Ordinance appropriating $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 12 regarding the HVAC system replacements at Ben Garza Gymnasium and Joe Garza Recreation Center. Council Member McCutchon asked questions regarding the amount appropriated and the lack of cost estimates in comparison to Item 14. Assistant Director of Engineering Kevin Stowers stated that there were no cost estimates for Item 12 due to the extensive issues and code deficiencies at Ben Garza Gym and that the other centers listed on Item 14 are ready for replacement. Council Member McCutchon expressed his concern that money is being moved around in the budget. Director of Parks and Recreation Sally Gavlik explained that the budget was submitted prior to the summer time and revenues were higher than anticipated. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 027346 Ordinance appropriating $212,745 from estimated excess revenues in Fund No. 1020 General Fund, Parks and Recreation Programs for the repairs and replacement of HVAC systems at Ben Garza Gymnasium, 1815 Howard Street and at Joe Garza Recreation Center, 3204 Highland Avenue; changing the FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 by increasing revenues and appropriations by $212,745 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Minutes — Regular Council Meeting July 24, 2007 — Page 6 Mayor Garrett opened discussion on Item 13 regarding the Collection Line Trust Fund. In response to Council Member Hummell, Director of Financial Services Cindy O'Brien explained that the monies were not posted correctly and should be transferred to the appropriate fund. Council Members asked questions regarding the collection line trust fund; the services provided by developers; and the types of trust funds. Interim Deputy Director of Development Services Johnny Perales provided a background of the collection line trust fund and the different types of trust funds. 13. ORDINANCE NO. 027347 Ordinance appropriating and transferring $144,631.52 of unappropriated interest earnings from Wastewater Capital Improvement Program (CIP) Fund 3430 to the Collection Line Trust Fund 4220; to reimburse for pro -rata fees collected from developer; changing the FY2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $144,631.52. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett opened discussion on Item 16 regarding an agreement with Meyers & Associates for governmental relations services. Council members asked questions regarding previous results from Meyers & Associates; the sources of funding; out -of- pocket expenses; the amount of time Meyers & Associates have represented the City; and reporting issues. J.E. O'Brien, 4130 Pompano, spoke regarding the use of taxpayer dollars for lobbying. Bill Kopecky, 3609 Topeka, spoke in opposition to the City spending money for lobbyists. Jack Gordy, 4118 Bray, spoke regarding the scope of work for the contract and requiring that the agreement include providing quarterly reports. Abel Alonzo, 1701 Thames, spoke in support of lobbyists and added that information should be provided to show accountability to justify the contract. Mr. Hummell made a motion to amend Section 2 of the agreement to add Subsection E. requiring Meyers and Associates to provide quarterly reports on issues they are assisting the City on and assistance they are providing other cities that might benefit our City. The motion was seconded by Ms. Leal and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2007 -193 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and Meyers & Associates, of Washington D.C. for governmental relations services. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".- Mayor Garrett opened discussion on Item 17 regarding an agreement with HiIICo Partners for the governmental relations services of Dan Pearson and Snapper Carr. Minutes — Regular Council Meeting July 24, 2007 — Page 7 J.E. O'Brien, 4130 Pompano spoke against spending city dollars on lobbyists. Bill Kopecky, 3609 Topeka, spoke regarding the hiring of Snapper Carr. Jack Gordy, 4118 Bray, asked that guidelines be included in the contract to report on the issues lobbyists are working on for the City. Council members asked questions regarding a possible conflict of interest due to their representation of the City on water issues and other clients HillCo may have; HiUICo's relationship with the state representatives; the distinction between lobbyist and representing the city's interest; the hiring of an employee to manage the legislative program; whether the contract is continual; the total rate of pay per month; the start of the 81st Legislative Session; and the monitoring of services. Council Member Hummel) made a statement asking the City Manager to include that HiIICo provide quarterly reports. City Secretary Chapa polled the Council for their votes as follows: 17. MOTION NO. 2007 -194 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and HiIICo Partners for governmental relations services of Mr. Dan Pearson and Mr. Snapper Carr relating to implementation of provisions gained during the legislative session including but not limited to environmental flow, funding options for water projects, economic development laws, working with Comptroller's Office to implement provisions of HB 1009, assisting the City in formulating the City's Legislative Agenda for the 81st Legislative Session and other matters directed by the City Manager. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * * * * * * * * * * City Secretary Chapa announced that Items 19 and 20 were withdrawn by the applicant. Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0607 -04, Donald W. Kirchberq: A change of zoning from a "T-1B" Manufactured Home Park District to an "1 -2" Light Industrial District, 26.456 acres out of 55.57 acres of the Anthony C. Page Survey 591, Abstract 1010, and out of the A. M. French Survey 312, Abstract 1018, Nueces County, Texas, located approximately 400 feet south of the intersection of Leopard Street and Rhew Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "1 -2" Light Industrial District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 027350 Amending the Zoning Ordinance, upon application by Donald W. Kirchberg, by changing the zoning map in reference to 26.456 acres out of 55.57 acres of the Anthony C. Page Survey 591, Abstract 1010, and out of the A. M. French Survey 312, Abstract 1018, Nueces County, Texas, from "T-1B" Manufactured Home Park District to "1 -2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Minutes — Regular Council Meeting July 24, 2007 — Page 8 Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye Mayor Garrett referred to Item 22, 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 King Estates, Inc.: A change of zoning from a "RE" Residential Estate District to a "R -1A" One - family Dwelling District on property described as 84.836 acres out of the north' of 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 (RECONSIDERATION ITEM) Faryce Goode- Macon, Interim Assistant Director of Development Services, referred to a powerpoint presentation including an existing land use map; pictorial views of the subject property; definition of the "R -1A" One - family Dwelling District; definition of "RE" Residential Estate District; future land use map; view of the notification area; planning commission and staff recommendation; and the twenty -one conditions of the special permit. Jerry Allen, A & R Septic Tank Service, provided an explanation of how the septic tanks installed for this area would work; the difference between the aerobic system and a lateral line system; the disinfection with chlorine tablets; and maintaining and monitoring the system. Michael Bridges, 4534 Oso Parkway, stated that the deed restrictions for the Coves at Lago Vista require an on -going maintenance agreement that is enforced by the homeowner's association. Calvin Lockhart, Ecological Tanks Incorporated and manufacture of the aerobic tanks, spoke regarding the maintenance; disinfections; manual treatment; and the control and alarm auto dialing to monitor the system. Juan Marines, Corpus Christi / Nueces County Public Health District, stated that the only system being allowed for the subject property is aerobic treatment units because of soil conditions. Council members asked questions regarding the adjustment of the'/ acre tract; lateral line systems; contamination of Oso Creek; the modification of the special permit at the last public hearing; a troubled water list pertaining to Oso Creek; future wastewater capabilities and installation; if there are requirements for developers to install wastewater lines in a subdivision; the maintenance requirements in the special permit; the enforcement of maintenance in the deed restrictions should the homeowners association go bankrupt; the onsite wastewater treatment system as potential source for high bacteria levels in Oso Creek; permitting of traditional septic systems; soil saturation; and the surrounding subdivision's septic uses and issues. Mayor Garrett called for a brief recess to present proclamations and receive comments from the public on items not listed on the agenda. Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding an internal auditor position and the removal of council members from office. Daiquiri Richard, Executive Director of Beautify Corpus Christi, spoke regarding the recent accomplishments Minutes — Regular Council Meeting July 24, 2007 — Page 9 of Beautify Corpus Christi and the upcoming Clean Air Fair. Joan Veith, 5701 Cain Drive, spoke in opposition of increasing utility rates. Jack Gordy, 4118 Bray Drive, spoke regarding the issue of illegal signs. Charles Roberts, 2142 Alazan, spoke regarding the water quality issue. Mary Ann Kelly, 4302 Schanen, asked the council to reconsider the Crosstown Commons project and consider placing a statue of Christ in Corpus Christi. Council Member Kelly asked for a legal opinion as to whether public money or public land could be used for the purpose of erecting a statue. Susan Thiem, 96 Lakeshore Drive, spoke regarding the establishment of the local spay and neuter clinic. John Torrey, 7253 Yaupon and an behalf of the Caravels de Colon Historical Foundation, requested a letter of support from the City to assist the Nina ship. Angie Ramos, 6910 Aswan Drive, thanked the Council for their consideration for funding the Institute de Cultura Hispanica. * * * * * * * * * * * * * Mayor Garrett returned to Item 22 regarding the reconsideration of Zoning Case No., 0507- 11, The Lakes at King Estates, Inc. Council members asked questions regarding the use of chlorine tablets; the changes that brought forth reconsideration of this item; if the citizens in this area pay for wastewater services; if developers pay into the wastewater funds; infrastructure for future sanitary service use; the wastewater master plan; sewer lines and septic systems in Flour Bluff; if the deed restriction is part of the ordinance; the aerobic treatment units; if the city has a policy regarding other septic systems in proximity to bodies of water; the types of bacteria in Oso Creek; why the developer is requesting the minimum lot size of % acre; the common space per lot; the square footage of the lots; and the average lot size in Phases 1 and 2. Dr. McCutchon made a motion to amend the conditions to change the minimum lot size from 1/2 acre to 3/4 acre. The motion was seconded by Mr. Hummell. A brief discussion ensued. Dr. McCutchon amended his original motion to amend Item 2 of the conditions to change the wording to a minimum average lot size of 3/ of an acre. The motion was seconded by Mr. Hummell and passed unanimously. Ronny Voss, Principal for the project, spoke regarding the concerns of contamination and the efforts made to make the property a safe environment. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 22. ORDINANCE NO. 027357 Amending the Zoning Ordinance, upon application by The Lakes at King Estates, Inc., by changing the zoning map in reference to 84.836 acres out of the North % of Section 32, Laureles Farm Tracts, from "RE" Residential Estate District to "RE /SP" Residential Estate District with a Special Permit subject to twenty -one (21) 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 and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * * * * * * * * ** Minutes — Regular Council Meeting July 24, 2007 — Page 10 Mayor Garrett opened discussion on Item 24 regarding the establishment of a municipal court of record. Presiding Judge of Municipal Court Rodolfo Tamez provided a background on the Municipal Court Technology Fund to properly equip courtrooms with technologies requirements and the development of the bill for the Court of Record. Council members asked questions regarding if the Court of Record applies to other cities; the process of recording; the timeframe for preservation of recordings; when the Court of Record will be operational; acquisition of a transcript; and the funding. Abel Alonzo, 1701 Thames, thanked Judge Tamez and the municipal court staff for their work on this item and also thanked the Municipal Court Committee for the reappointment of Judge Tamez. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 027351 Ordinance establishing the Municipal Court in Corpus Christi, Texas as a Municipal Court of Record, providing for the term and appointment of a presiding judge and associate judges of the Municipal Court of Record; authorizing the City Manager or his designee to appoint the Municipal Court Director to serve as clerk of Municipal Court of Record; providing for a savings clause; providing for a severability clause; providing for a repealer clause; and providing for an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 25 regarding the Oso Water Reclamation Plant Clarifier Structural Improvements. Director of Engineering Angel Escobar explained that the work for this project included replacing Bridge Nos. 5, 6, 7, and 8 and digester work and blower house work on No. 2. Council members asked questions regarding the work and cost for Additive Alternate Nos. 2 and 3; the phase of the project; future spending for the Oso Water Plant; and capital improvement projects that still need to be completed for the Oso Water Plant. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2007 -196 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 $4,546,750 for the Oso Water Reclamation Plant Clarifier Nos. 5, 6, 7, 8 /Aerobic Digester No. 2 /Blower House No. 2 Improvements for the Total Base Bid and Additive Alternate No. 1. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * ** ** * * * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as fol lows: Minutes — Regular Council Meeting July 24, 2007 — Page 11 34. 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. 35. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 62055 -3, Cox, et al vs. City of Corpus Christi, in County court at Law No. 3, Nueces County, Texas, with possible discussion and action related thereto in open session. 36. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 6434 -F, John Scott Fleming vs. State of Texas and City of Corpus Christi, in the 214th District Court of Nueces County, Texas, 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 motions were passed with the following vote: 35. MOTION NO. 2007 -200 Motion authorizing the City Manager to settle Cause No. 06- 62055 -3, Cox, et al, vs. City of Corpus Christi, in the County Court at Law #3, Nueces County, Texas, for the total sum of $245,000.00, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 36. MOTION NO. 2007 -201 Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben, Woosley & Villarreal, L.L.P. to provide legal representation in Cause No. 06- 6434 -F; John Scott Fleming vs. State of Texas and City of Corpus Christi; In the 214th Judicial District Court, Nueces County, Texas, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 34. MOTION NO. 2007 -202 Motion to not reappoint John Rank as Judge of the Environmental Court Division C. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, and Marez, voting "Aye "; Cooper, Kelly, and McCutchon, voting "No "; Martinez abstained. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 27 regarding the appointment of Council Members as board members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting July 24, 2007 — Page 12 27. MOTION NO. 2007 -199 Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * * * * * * * * * * The Council recessed for the annual meetings of the Corpus Christi Housing Finance Corporation (CCHFC), Corpus Christi Community Improvement Corporation (CCCIC), and the Corpus Christi Industrial Development Corporation (CCIDC). * * * * * * * * * * * ** Mayor Garrett reconvened the regular Council meeting. Mayor Garrett opened discussion on Item 26 regarding the ad valorem tax rate. Director of Finance Cindy O'Brien explained that these items set the date to officially adopt the ad valorem tax rate for next fiscal year and set two public hearings for August 21s1 and August 28th as required by the State Property Tax Code. Council Members asked questions regarding the possibility of a lower rate; if the proposed rate is lower than last fiscal year; the inflation factors; the purpose of the effective tax rate; how long the City has not recognized the increase in tax values and the cost; and revenue from new growth. J.E. O'Brien, 4130 Pompano, spoke regarding reducing the tax rate and setting a time certain for the public hearings. City Secretary Chapa polled the Council for their votes as follows: 26.a. MOTION NO. 2007 -197 Motion setting September 11, 2007 as the date of adoption of the ad valorem tax rate of $0.584082 per $100 valuation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 26.b. MOTION NO. 2007 -198 Motion setting a public hearing on the ad valorem tax rate for August 21, 2007 and a second public hearing for August 28, 2007, during the regular City Council meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 31 regarding the adoption of the City of Corpus Christi Budget. City Manager Noe provided the Council with a list of recommended options for increasing funding for various organizations. Minutes -- Regular Council Meeting July 24, 2007 — Page 13 Ms. Cooper made a motion to amend the budget to including the following amendments: Amendment #1 *Increase appropriations for Downtown Management District - $19,927 *Increase appropriations for Internal Auditor Department - $99,300 *Increase appropriations for Education Advisor Department - $71,100 Amendment #2 *Increase appropriations for Asian Cultures Museum - $15,000 *Increase appropriations for Art Community Center - $15,000 *Increase appropriations for Jazz Festival - $2,500 *Increase appropriations for Museum of Hispanic Culture - $20,000 *Increase appropriations for Botanical Gardens - $20,000 *Increase appropriations for Conventions Promotion - $171,370 The motion was seconded by Mr. Elizondo and passed unanimously. City Manager Noe provided information regarding a request by Council Member McCutchon for options to increase marketing for the marina. Dr. McCutchon asked if there was a recommended amount of funding for the marketing. Assistant City Manager Oscar Martinez referred to the seven options that could be absorbed within the budget plus an additional $10,000 that could be redirected for the marketing campaign. Dr. McCutchon made a motion to increase the funding for marina marketing by $20,000. The motion was seconded by Ms. Leal and passed unanimously. There was a brief discussion regarding the green area at the marina. Mr. Marez made a motion to increase funding for the Downtown Management District by $10,000. The motion was seconded by Ms. Martinez and passed unanimously. Council Member members asked questions regarding the determination of the utility rate through 2008; the possibility of reducing the utility rates; and a hardship policy for low - income utility rate payers. Mr. Kelly made a motion to direct staff to develop an approach to address lowest income rate users. The motion was seconded by Ms. Leal and passed unanimously. Council members asked questions regarding the utility rate increase; future amendments to the budget; the MIS allocation including the call center and support technology for animal control; appropriation of funds for the Reinvestment Zone No. 2; adjusting the start date for the budget; increased funding for the Downtown Management District; a debt policy; and the revenue bonds. Bill Kopecky, 3609 Topeka, spoke regarding the need for an independent internal auditor and the City getting involved in education. J.E. O'Brien, 4130 Pompano, said he did not support the budget and spoke regarding changes to the budget being available to the public, reduction to the budget, and the capital improvement program. Mary Ann Kelly, 4302 Schanen, spoke regarding the capital improvement projects being addressed after the budget and the increase in utility rates. Abel Alonzo, 1701 Thames, spoke regarding the development of a program for the economically disadvantaged. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting July 24, 2007 — Page 14 31. ORDINANCE NO. 027352 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. (First Reading 7/17/07) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No ". Mayor Garrett opened discussion on Item 32 regarding the Classification and Compensation Plan. Director of Human Resources Cynthia Garcia said that the requested additional information regarding the city council health insurance was included in the City Manager's report. Council Member Hummell asked the City Attorney in light of the charter if it was legal for Council to receive benefits similar to full time city employees. City Attorney Mary Kay Fischer stated that her research indicated that it was. Mr. Hummell made a motion to address the issue of City Council participation in group hospitalization separately from the items set out in Item 32. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their vote as follows: The motion was passed and approved with the following vote: Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye "; Garrett, Cooper, Kelly, and Martinez, voting "No ". There were no comments for the audience. City Secretary Chapa polled the Council for their votes as follows: 32.a. ORDINANCE NO. 027352 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 Plan Ranges; revising Section 39 -304, 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; 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 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. (First Reading 7/17/07) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 32.b. regarding City Council participation in group hospitalization. Mayor Garrett called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the City Attorney's opinion, Council receiving health insurance as part-time employees and conflict of interest. Minutes — Regular Council Meeting July 24, 2007 — Page 15 City Attorney Mary Kay Fischer stated that Local Government Code, Chapter 171 has a provision that allows the filing of an affidavit if a majority of the council members have a similar interest on a matter and added that every council member signed an affidavit and filed it with the City Secretary to participate and vote on this matter. J.E. O'Brien, 4130 Pompano, said he disagreed with the City Attorneys opinion and spoke regarding council compensation and conflict of interest. Jack Gordy, 4118 Bray, spoke in opposition to the City Attorney's opinion and the limitation of council compensation. Abel Alonzo, 1701 Thames, spoke regarding a mayor /council form of government and placing Council participation for insurance in the Charter. Joan Veith, 5701 Cain, spoke regarding the Council receiving car allowance. Council members asked questions regarding if Council members are considered part -time employees; jeopardizing the health insurance plan; if the council compensation amount was voted on by the public; the ability to change council compensation; interpretation of the Charter; types of coverage; and the City's cost for insurance. City Secretary Chapa polled the Council for their votes as follows: 32.b. ORDINANCE NO. 027358 Amending the Code of Ordinances by revising Section 39 -309 "Coverage under the City's Group Health Plan for eligible employees" to add members of the City Council; 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. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Hummell and Leal voting "No ". Mayor Garrett opened discussion on Item 33 regarding the proposed fee/rate increase adjustments associated with the FY2007 -2008 Budget. City Manager Noe presented this item. There were no comments from the audience. City Secretary Chapa polled the Council fortheirvotes as follows: 33.a. ORDINANCE NO. 027354 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. (First Reading 7/17/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No ". 33.b. ORDINANCE NO. 027355 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates; providing for an effective date; and providing for publication. (First Reading 7/17/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No ". Minutes — Regular Council Meeting July 24, 2007 — Page 16 33.c. ORDINANCE NO. 027356 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 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. (First Reading 7/17107) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No ". * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe invited the Council to attend a recognition ceremony for the Human Relation's Department for receiving a public service commendation from the EOC on Thursday, July 26th at 10:00 a.m. in the Council Chambers with a reception to follow on the 6th floor. Mr. Noe announced a public meeting on Thursday, July 26th from 4:30 p.m. to 6:30 p.m. at the Oveal Williams Senior Center regarding the widening and improvements to Port Avenue. Mayor Garrett called for Council concerns and reports. Council Member Marez reminded the public that he will offer his salary as a donation to non - profit organizations and thanked the Caller Times for publishing in Sunday's paper. Council Member McCutchon invited the public to attend the Town Hall Meeting in District 4 regarding the Memorial Coliseum on Wednesday, July 25th at 6:00 p.m. at the Garden Senior Center. Dr. McCutchon spoke regarding water quality postings to educate the public on elevated bacteria levels; the timeframe of yellow lights in red camera zones; a policy for the no wake zone in Packery Channel; funding for lifeguards at Magee Beach; surface treatments on Ocean Drive; and natural gas vehicles. Council Member Leal thanked all city employees for their hard work. Ms. Leal thanked the citizens of District 3 for taking interest in the Memorial Coliseum issue. Council Member Leal, on behalf of the Molina residents, thanked the graffiti cleaning crews for removing the graffiti at the Veterans Memorial. Council Member Hummell reported on pot holes located on Oleander Avenue. Mayor Garrett thanked City Manager Noe, Assistant City Manager Martinez and staff for their work during the budget process. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:20 p.m. on July 24, 2007. 2 a. BOARD OF ADJUSTMENT -- One (1) vacancy with term to 4- 04 -08. (NOTE: The board has a policy of requesting the appointment of the longest - serving Alternate member to a vacant position and that a new person fill the Alternate position.) DUTIES: To hear appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. COMPOSITION: Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. ORIGINAL MEMBERS TERM APPTD. DATE Gene Clancy, Chair 4 -04 -08 3 -13 -01 Taylor Mauck 4 -04 -08 4 -13 -04 William Tinney 4 -04 -08 4 -13 -04 ** *David Loeb 4 -04 -08 4 -13 -04 Charles Schibi 4 -04 -08 3 -13 -01 Dan Winship (Alternate) 4 -04 -08 8 -23 -05 Ben Molina (Alternate) 4 -04 -08 11 -08 -05 INDIVIDUALS EXPRESSING INTEREST Glenn R. Jones Thomas E. McDonald Realtor, Coldwell Banker Pacesetter Steel. Received BS in Business Economics, State University of New York. Served as United States Navy Air Traffic Controller. (8- 16-07) Owner, Island Plumbing Company. Previously served on Building Code Board of Appeals and Zoning Board of Appeals. (7- 31 -07) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Sergio Omelas Morgan Spear President, Omelas Construction Group, Inc. Served in the United States Marine Corp. Activities include: former member of the Hispanic Contractors, former Vice President of HCA de Tejas and current member of the Associated Builders and Contractors. (4- 04 -06) 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. (7- 12 -06) b. BUILDING CODE BOARD OF APPEALS — Three (3) vacancies with terms to 5 -04- 08 and 5 -04 -11 representing the following categories: 1 — Building Industry, 1- Architect, and 1-- General Contractor. DUTIES: To hear appeals for variances to the Building Code. Owners may appeal by filing written notice on form provided by the Building Official and payment of $265 fee. The board may vary the application of any provision of the Building Code to any particular case where in its opinion the enforcement of the Code would do manifest injustice, and would be contrary to the spirit and purpose of the Code or public interest, or when in its opinion the interpretation of the Building Official should be modified or reversed. The Board must specify the manners, conditions, and reason for the variation. Either party may appeal the Board's decisions to the City Council. COMPOSITION: Seven (7) members appointed by the City Council for four -year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at large from the building industry, and one member not connected with the building industry. Quorum shall require four (4) members. MEMBERS * ** *Bill Alford (Building Industry) Cliff Atnip (Not corn w/bldg. ind.) * * ** *Johnny Cotton (Architect), Chair Ronald Wheaton (Engineer) * * ** *Philip Skrobarczyk (Gen. Cont.) John Taylor (Building Industry) Don R. Boyd, Jr. (Building Industry) ORIGINAL TERMS APPTD. DATES 5 -04 -08 5 -04 -10 5 -04 -07 5 -04 -10 5 -04 -07 5 -04 -08 5 -04 -09 5 -11 -04 5 -17 -05 7 -27 -99 6 -11 -02 6 -28 -99 5 -11 -04 5 -17 -05 (Note: The Building Code Board of Appeals is recommending the new appointments of John P. Kendall (Building Industry), Morgan Spear (Architect), and Mike Lippincott (General Contractor). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation INDIVIDUALS EXPRESSING INTEREST John R. Dykema, Jr. Chris Hamilton John P. Kendall Owner, Dykema Architects, Inc. Received B.A. from University of Pennsylvania, Philadelphia and Master of Architecture from University of Texas at Austin. Activities include: Past Chairman of the Board of Art Museum of South Texas, Past President of Corpus Christi Chapter American Institute of Architects, and Past State Director of Texas Society of Architects. (Architect) (4- 30 -07) Vice President, KJM Commercial, Inc. Received Bachelors of Science — Construction Science from Texas A &M College Station. (General Contractor) (1- 10 -07) President, Kendall Erosion Control Services. Received a Bachelor of Science Degree in Construction from Indiana State University. Activities include: Texas Floodplain Association - Certified Flood Plain Manager and Neighborhood Visions, Inc.(Building Industry) (4- 25 -06) Mike Lippincott Vice President, Fulton Construction. Received Bachelor of Science from Texas A &M University, College Station. Activities include: Board of Directors, Associated General Contractor, Building Commission -- Diocese of Corpus Christi, Incarnate Word Academy School Board, and Board of Directors for Fannie Bultzer Nason Renewal Center. (General Contractor) (5- 21 -07) Morgan Spear President, Morgan Spear Associates, Inc. Received Bachelor of Architecture Degree from University of Texas. Activities include: American Institute of Architects, Corpus Christi Chapter of AIA, Texas Society of Architects, Church of the Good Shepherd Episcopal Church, and Alpha Tau Omega. (Architect) (7- 13 -06) c. COMMISSION ON CHILDREN AND YOUTH — Eight (8) vacancies with terms to 5- 01-08, 5- 01 -09, and 5 -01 -10 representing the following categories: 1- At Large, 1 — Social Services, 1— Religion, 1 — Education, 1 -- Law Enforcement, 1 — Legal, 1 — Youth, and 1 — Sheriff's Office. (Note: Staff is recommending that three of the vacancies (Law Enforcement, legal, and Sheriff's Office) be postponed until additional resumes are received). DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriffs Office, and the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community -based organizations. (On 10- 10 -95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) MEMBERS ORIGINAL TERMS APPTD. DATES Vicky Alexander (Health), Vice Chair 5 -01 -09 2 -12 -02 Miles Toren (At Large) 5 -01 -09 9 -20 -05 *Amanda Stukenberg (At Large) 5 -01 -07 6 -08 -04 ** *George "G" Johnson (Social Services) 5 -01 -08 5 -17 -05 *Sheri Phillabaum (Religion) 5 -01 -07 5 -17 -05 Laura Spear Smith (Business) 5 -01 -08 5 -17 -05 Guy Nickelson (Youth Services) 5 -01 -09 11 -08 -05 *Mary Jane Garza (Education) 5 -01 -07 6 -13 -06 Brian Silva (At Large) 5 -01 -08 12 -12 -06 ** *Penny Grochow (Law Enforcement), Chair 5 -01 -08 7 -09 -02 * ** *Lauren Ranly (Legal) 5 -01 -09 3 -19 -02 *Caitlin Martin (Youth Rep.) 5 -01 -07 1 -10 -06 Rita Morales (D.A.'s Office) 5 -01 -09 9 -12 -06 ** *Capt. David Alaniz (Sheriffs Office) 5 -01 -07 1 -16 -07 Capt. Tim Wilson (Police Off.) Advisory 12 -06 -95 Dr. Philip Rhoades Advisory 8 -16 -94 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (Note: The Commission on Children and Youth is recommending the new appointment of Aaron De la Garza (Social Services). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Amanda Stukenberg (At Large) 10 9 90% Sheri Phillabaum (Religion) 10 9 90% Mary Jane Garza (Education) 10 10 100% Caitlin Martin (Youth Rep.) 10 3(lexc) 70% OTHER INDIVIDUALS EXPRESSING INTEREST Kay H. Aeby Rod Carpenter Andrew A. Daehne Vidal J. De La Cerda Aaron G. De La Garza Brandon Del Nano Self - employed, Administrator. Activities include: Past American Cancer Society Volunteer and Board Representative. Former Member of the Downtown Redevelopment Committee. (At Large) (6- 15 -07) Pastor, Solid Rock U.P.C. Member of the Corpus Christi Partnership Council and received the Governor's Volunteer Award. (Religion or At Large) (5- 05 -05) Tutor for academics for private families. Activities include: St. Pius X Altar Server and Nursing Home Volunteer. (Education or At Large) (3- 10 -05) Youth Services, Worksource. Retired Captain, Nueces County Sheriff's Department. Activities include: Former Certified D.A.R.E., G.R.E.A.T., Crime Prevention Specialist. (At Large) (3- 14 -07) CTE Program Advisor, Corpus Christi Independent School District. Received B.S. in Curriculum and Instructions and M.S. in Administration. Activities include: Texas State Education Association and the Corpus Christi Principals and Supervisors Association. (Education or At Large) (12- 14 -05) Senior, King High School. Activities include: Mission trips to Mexico with Church Youth Group. (Youth) (1 -4- 06) Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (At Large) (4 -5 -07) Rebecca Esparza Self- employed, Public Relations Consultant. Received A.A. from Del Mar College and B.A. and M.A. from the University of Incarnate Word. Activities include: Board Member, American Cancer Society and Co- founder and co- facilitator, M. D. Anderson Cancer Support Group. Leadership Corpus Christi, 1994 -1995. (At Large) (9 -26- 06) Luella R. Gipson - Torres Associate Teacher II, Driscoll's Children Learning Center. Received Associate of Applied Science and Diploma/Certificate for Early Childhood Development. Activities include: Salvation Army, American Red Cross, Phi Theta Kappa Honor Fraternity/Rho Lambda Soroity. (At Large) (2 -9 -07) Michelle Jones Independent Living Specialist - Relocation, Accessible Communities- Coastal Bend Center for Independent Living. Licensed as a Registered Nurse. Graduated from the Coastal bend Advocacy Training and Partners in Policy. Current Secretary of Accessible Communities of the Coastal Bend. (At Large) (8 -3 -06) Michael San Miguel Instructor/Program Coordinator, Career Centers of Texas. Received BS from University of Texas, San Antonio. Activities include: Member of the Hispanic Chamber of Commerce and Volunteer in assisting students obtain their GED. Received Award for Employee of the Quarter and Instructor of the Month. (At Large) (5- 25 -07) Jonathan Wagner Consultant, NeighborWorks America. Received MBA — Business Management. Activities include: Secretary of Homeless Issue Partnership and Chairman Elect of the Coastal Bend Council of Governments Advisory board. Former Administrator for Community Development for City of Corpus Christi, 2003 -2006. (At Large) (5- 29 -07) Danny D. Williams Marketing/Driver, Papa Johns. Attended McPherson College. Volunteer Pop Warner Coach. (At Large) (4/17/07) d. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — Two (2) vacancies with terms to 07 -10 representing the following categories: 1 --- Owner of Property within the District and 1 — Agent, Employee or Tenant of Resident of District, Owner of Property within the District or Owner of Stock or Corporate owner of Property within the District. DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at least nine but not more than thirty directors, serving four -year staggered terms. A director must be one of the following: 1) a resident of the district, 2) an owner of property in the district, 3) an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district, 4) an owner of a beneficial interest in a trust that owns property in the district, or 5) an agent, employee or tenant of one of the above. Succeeding directors are chosen through the recommendation of the board and the approval of the City Council. ORIGINAL BOARD MEMBER TERM APPTD. DATE Raymond Gignac (PO) 07 -08 08 -21 -01 Eloy Salazar (PO), Chair 07 -10 07 -27 -04 Dottie Clower (A/E/T), Treasurer 07 -10 07 -01 -94 Wayne Lundquist (A/E/T) 07 -08 08 -22 -00 Wes Hoskins (PO), Chair 07 -08 08 -22 -00 Mark Adame (A/E/T) 07 -10 08 -22 -00 Les Cassidy (P0) 07 -10 07 -27 -04 ** *Liz Lomax (PO) 07 -08 07 -27 -04 Harry Lee Chester, Jr. (PO) 07 -10 08 -22 -06 ** *Manuel Ugues (A/E/T) 07 -08 11 -09 -99 Anna Vasquez (A/E/T) 07 -10 07 -27 -04 Willard Hammonds, 11 (PO), Vice Chair 07 -08 07 -27 -04 Bill Durrill (A/E/T) 07 -08 06 -10 -03 Dan Richter (PO) 07 -10 09 -11 -01 Chad Magill (PO) 07 -08 08 -22 -06 R Resident of District PO Owner of Property within the District SO - Owner of Stock or Corporate owner of Property within the District A/E/T - Agent, Employee or Tenant of one of the above Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (Note: The Corpus Christi Downtown Management District is recommending the new appointments of David Loeb (Agent, Employee or Tenant of Resident of District, Owner of Property within the District or Owner of Stock or Corporate owner of Property within the District) and Tracy Long (Owner of Property within the District). David Loeb Vice - President, Landlord Resources. Received a B.A. in Government and a B.A. in Economics from Skidmore College. Past Vice - Chairman of the Board of Adjustment and Current Chair of the Heart of Corpus Christi. Participated in the Downtown Redevelopment Committee. (7-10-07) Tracy Long Real Estate Broker/Developer, Long Properties. (8- 16 -07) e. PARK AND RECREATION ADVISORY COMMITTEE — Six (6) vacancies with terms to 8- 23 -09. DUTIES: To provide advice on City parks and buildings therein, public outdoor recreation areas and centers and other grounds under its purview by the City Manager. COMPOSITION: Eleven (11) members appointed by the City Council, who are residents of the City and serve without compensation for a two -year term beginning August 23, or until their successor is appointed. The Board elects its Chairman. ORIGINAL MEMBERS TERM APPTD. DATE *Hunter Young, Chair 8 -23 -07 5 -18 -04 Rene Richard Gutierrez 8 -23 -08 10 -17 -06 Garrett Dorsey 8 -23 -08 4 -18 -06 Charles Lee 8 -23 -08 3 -20 -07 *Teresa Carrillo 8 -23 -07 8 -23 -05 Dorrinda Garza 8 -23 -08 8 -20 -02 *Mari Whitworth 8 -23 -07 1 -18 -05 *Jamie Pyle 8 -23 -07 1 -18 -05 *Carl Suding 8 -23 -07 8 -17 -04 Buddy Sparks 8 -23 -08 5 -10 -05 *Gregory T. Perkes 8 -23 -07 4 -22 -03 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Hunter Young 12 10 83% Teresa Carrillo 12 9 75% Mari Whitworth 12 10 83% Jamie Pyle 12 11 92% Carl Suding 12 11 92% Gregory T. Perkes 12 11 92% Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six-year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST Marie Adams Senior Landmanager, Esenjay Petroluem Corporation. • Received BA from University of Texas at Austin. Activities include: President of Corpus Christi Concert Balle, Advisory Board for Coastal Bend Alcohol and Drug Rehab Center "Charlies Place" and Past President of Corpus Christi Association of Professional Landmen. (8- 10 -07) Elisha R. Dickerson III Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (4 -5 -07) Jamie Duff Governmental Intern, CorpusBeat Magazine. Received B.A. in English from Texas A & M and working towards M.A. and Post Certification in Accounting. Activities include: Corpus Christi FOCUS and member of Church of the Good Shepherd Bell Choir. (1- 06 -06) Glenn R. Jones Realtor, Coldwll Banker Pacesetter Steel. Received BS in Business Economics, State University of New York. Served as United States Navy Air Traffic Controller. (8- 16-07) Gerald Lerma Technical Services, Hagemeyer North America. Currently enrolled at Del Mar College. Member of Corpus Christi Citizens' University. (3- 19 -07) Jerry Lipstreu Area Manager, Kleinfelder. B.A. in Botany at University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member and West Corpus Christi Rotary Member. (11- 06 -06) Jimmy Mitchell Retired, Navy Officer. Received A.A. in Travel & Tourism Meeting Planning Management and B.S. in Biology. Has a certification in Real Estate and Property Management. Member of the Corpus Christi Navy League. (4- 15 -06) Adam Nuse Director of Group Sales, Corpus Christi Hooks. Received Bachelors in Business Marketing from University of Oklahoma and Masters in Sports Management from Wichita State University. Activities include: Leadership Corpus Christi, USO of South Texas — Board of Directors, and American Red Cross Board of Directors. (11-06 -06) Leslie Ory Air Conditioning Repairer, Corpus Christi Army Depot. Activities include: Past Little League President for National Little League and Little League District 23 Director. (6- 18 -07) Cheryl Capages Peebles Currently working as Freelance Writer. Received degrees from University of Tulsa College of Law, J.D. and University of Missouri School of Journalism, B.J. Activities include: Artist/Harpist for Art Center and Unitarian Universalist Church Choir and Worship Committee. (1- 15 -07) Danny D. Williams Marketing/Driver, Papa Johns. Attended McPherson College. Volunteer Pop Warner Coach. (4/17/07) f. SMALL BUSINESS ADVISORY COMMITTEE — Three (3) vacancies with terms to 8- 01 -10. DUTIES: To advise the Economic Development Office on projects and programs to initiate, enhance or research for the purpose of retaining, expanding, creating small and historically underutilized businesses and jobs provided by small and historically underutilized businesses; on the development of partnerships with organizations to initiate, enhance or research such projects and programs; and to serve as a focal point to communicate approaches to identify, attract, expand, and retain small and historically underutilized businesses. COMPOSITION: The committee shall consist of nine (9) members for three -year staggered terms. The committee shall be composed of representatives from an organizations that assists small and historically underutilized business, which includes organizations that provide programs and services that facilitate in the attraction, creation, expansion or retention of small and historically underutilized businesses and jobs in Corpus Christi, local small or historically underutilized business owners, or representatives from businesses that support small and historically underutilized businesses such as banks and real estate agencies. ORIGINAL MEMBERS TERM APPTD. DATE Carole L. Peterson, Chair 8 -01 -08 2 -15 -05 Mike Morgan 8 -01 -08 8 -22 -06 Evy Coppola 8 -01 -08 8 -23 -05 Anita Cadena 8 -01 -09 2 -15 -05 *Joe Cisneros, HI 8 -01 -07 2 -15 -05 Gary Basinger 8 -01 -09 6 -19 -07 *Sylvia Ford 8 -01 -07 2 -15 -05 L.C. (Bud) Harris, III 8 -01 -09 2 -15 -05 *Lamont Taylor, Chair 8 -01 -07 2 -15 -05 ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Joe Cisneros III 6 2 33% Sylvia Ford 6 6 100% Lamont Taylor 6 5 83% Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six-year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST (All of the Individuals listed qualify for the categories required.) Kay H. Aeby Ronnell Bright Rebecca Esparza Guadalupe J. Gomez Sergio Ornelas George E. Pollakis Self- employed, Administrator. Activities include: Past American Cancer Society Volunteer and Board Representative. Former Member of the Downtown Redevelopment Committee. (6- 15 -07) Financial Products Sales Specialist, April Roberts State Farm Agency. Received B.S. Degree in Business Administration from Florida A &M University and Masters of International Business Administration from University of Miami. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Black Chamber of Commerce and Computer Teacher at Greenwood Senior Recreation Center. (4- 12 -07) Public Relations Consultant. Received Associate in Arts, Journalism from Del Mar College, Bachelor of Business Administration, Marketing and Master of Business Administration from University of the Incarnate Word, San Antonio. Activities include: Board Member — American Cancer Society and Co- founder and co- facilitator, M.D. Anderson Cancer Support Group. (2- 26 -06) Self- employed, Business Consultant. Received B.A. in Business Finance. Member of the Westside Business Association. (3- 10 -05) President, Ornelas Contruction Group, Inc. Served in the United States Marine Corp. Activities include: former member of the Hispanic Contractors, former Vice President of HCA de Tejas and current member of the Associated Builders and Contractors. (4- 04 -06) President, Vick's Famous Hamburgers, Inc. Received Associates Degree in Restaurant Management from Del Mar College and Culinary Upgrade Training from U.S. Navy. Member of the Coastal Bend Restaurant Association. Received Food and Beverage Manager of the Year and 2005 Dining Gem of Corpus Christi Award. (3- 03 -06) Michael San Miguel Alfonso Trujano, Jr. Instructor/Program Coordinator, Career Centers of Texas. Received BS from University of Texas, San Antonio. Activities include: Member of the Hispanic Chamber of Commerce and Volunteer in assisting students obtain their GED. Received Award for Employee of the Quarter and Instructor of the Month. (5- 25 -07) Senior Designer/Project Manager, Maverick Engineering, Inc. Received B.S. in Civil Engineering and Graduate courses on Civil Engineering. Secretary of the American Society of Civil Engineers and TSPE member. Received the Excellence on Leadership Award and nominated for 2004 Torch Award for Marketplace Ethics. (4 -19- 05) 3 Requested Council Action: 8/21/07 Alternate Date: 8/28/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a three -year HVAC maintenance service agreement with Johnson Controls, Inc. of Corpus Christi, TX in the amount of $183,600.00, of which $56,100 is required in FY07 -08. The award is in accordance with the State's Cooperative Purchasing Program. Funding is available in the General Services Department in FY07 -08 and will be requested in subsequent fiscal years. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Award Basis: For a single contract price, this maintenance service agreement will provide critical preventative maintenance and inspection services and scheduled and unscheduled service and repair for the two air conditioning chillers at City Hall at 1201 Leopard Street. The HVAC service agreement is made available under the Texas Building and Procurement Commission's (TBPC) Term Contract number TXMAS- 5- 03FACO20. Funding: Maintenance Services Fund 5110- 40310- 530000 f 1 Michae • . era FY07 -08 Assistant Director of Financial Services $56,100 BI- 0205 -07 HVAC SERVICE AGREEMENT BUYER: PAUL PIERCE Item CITY OF CORPUS CHRISTI PURCHASING DIVISION PRICE SHEET VENDOR QTY JOHNSON CONTRLS, INC. Corpus Christi, TX UNIT PRICE TOTAL PRICE THREE -YEAR HVAC MAINTENANCE AGREEMENT ON THE TWO ABSORPTION CHILLERS AT CITY 1. HALL ANNUAL COST - $61,200 1 $183,600.00 $183,600.00 • 4 Requested Council Date: 08/21/07 Alternate Date: 08/28/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) brush loader truck from Chastang's Bayou City Ford Truck Sales Inc., Houston, Texas for the total amount of $101,181.38. The award is based on the City's cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This brush loader truck will be used by Neighborhood Services. Funds are budgeted in the operations budget of the Neighborhood Services Department. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The brush loader truck will be used by the Neighborhood Services, Hot Shot Crew, to pick up brush and other debris in the neighborhoods under the Neighborhood Initiative Program. Basis of Award: These brush Ioader truck will be purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price Comparison: Funding: The City has purchased two similar brush loader trucks, the last one in 2005 with a unit price of $87,384.00. The current unit price is $101,181.38. The increase is due to higher steel costs and the addition of options necessary to meet the department's needs. Neighborhood Services $101,1 81.38 1020- 11510- 550020 Michael : arrera Assistant Director of Financial Services CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: ROBERTA ORTIZ BID TABULATION B1- 0005 -08 BRUSH LOADER TRUCK Chastang's Bayou City Ford Truck Sales Houston, Texas Item 1 Description 2007 Ford F -750 with Peterson TL3 Brush Loader and TBS 1824 Brush Body, 260Hp Qty 1 Unit Price Extended Price 101,181.38 $101,181.38 5 Requested Council Date: 08/21/07 Alternate Date: 08/28/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of two (2) automated side- loading refuse trucks from Rush Truck Center of Texas, L.P., Houston, Texas in the amount of $437,694 of which $32,243.20 is budgeted in FY 07 -08. The award is based on the City's cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). These trucks are replacements to the fleet and will be used by Solid Waste Services. Financing will be provided through the City's lease - purchase program. ******************************************::*** * * * * * * ** * * * * * * * * * * * * * * * * * * ** * ** Purpose: These refuse trucks will replace rear loader refuse trucks and will be used by Solid Waste Services as part of the City -wide automated collection process. Basis of Award: These refuse trucks will be purchased through the cooperative purchasing agreement with HGAC. HGAC acts as a purchasing agent for participating members through the Inter -local Cooperation Act and abides by all Texas statutes regarding competitive bidding requirements. Price Comparison: The City lease- purchased two similar refuse trucks in 2005 with a unit price of $196,826. The current unit price is $221,420. The increase is due to higher steel costs and the addition of options necessary to meet the department's needs. Funding: These refuse trucks will be funded through the City's lease - purchase financing agreement for a sixty -month period. The estimated interest rate is 4.0 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $96,729.60. Total estimated cost over the sixty -month period, including principal of $437,694 and interest of $45,954, is $483,648. Solid Waste Services 1020-12510-530190 FY 07 -08 (4 months) Michae Barrera Assistant Director of Financial Services $32,243.20 z Q O J z ❑ O• NU W H w Q 2 - O ❑ • O W m Q m 0 ❑ Q H z 0 co z ❑ =0Q U6� 0_ ❑ E2 cc Li co O U• cnC7N U amO a ui N F- 45 c to U x Y U F- - F- o .0 N = O � 2 Extended Price v 0 CD co M H z c a CV DESCRIPTION w 6 AGENDA MEMORANDUM RECOMMENDATION: Motion approving a supply /service agreement to be activated only in the event of a hurricane or other disaster with Garner Environmental Services, Inc, Deer Park, Texas in accordance with Bid Invitation No. BI- 0217 -07, based on only bid for an estimated expenditure of $600,952.50. The term of the agreement will be for twelve months with an option to extend the agreement for up to four additional twelve month periods subject to the approval of the supplier and the City Manager or his designee. Purpose: Bids Issued: This contract will provide the City with a readily available supply of emergency response services upon activation of the Emergency Operations Center (EOC). Included in the contract are generators, cabling, pumps & hose, comfort stations, shower units, vacuum trucks, fuel tanks, fuel and on site response teams capable of responding to a variety of emergency situations. One Due to the specialized services, expertise and working conditions required to fulfill the obligations of this agreement, the City mailed the bid invitation to the one known capable provider of services. Notice of the bid was advertised in the local newspaper and posted on the City's website in an attempt to encourage competition. Bids Received: One Award Basis: Only Bid/Most Advantageous Bid The bidder has taken exception to some of the standard language contained in the City's terms and conditions which are not conducive to an emergency response contract. Therefore, the City will allow for these exceptions as an alternative bid that is most advantageous to the City. Reservations provided in the instructions to bidders provide for such consideration. Funding: No expenditure of funds will be required unless the contract is activated due to a hurricane or major disaster. Although the city will be required to initially fund the services, primary funding for the agreement will come from reimbursements from FEMA. Mich: e : arrera Assistant Director, Financial Services CITY OF CORPUS CHRISTI PURCHASING DIVISION Buyer : Michael Barrera BID TABULATION BI- 0217 -07 EOC Emergency. Response Services BID ITEM DESCRIPTION QTY Garner Environmental Services, Inc. Deer Park, Texas UNIT TOTAL PRICE PRICE Generators 1 Generator - 480 volts /500 KVA 2 Generator - 480 volts /250 KVA 3 Generator - 480 volts /150 KVA 4 Generator - 480 volts /100 KVA 5 Generator - 480 volts /50 KVA 6 Generator - 480 volts /25 KVA 7 Generator - 480 volts /12.5 KVA 8 Generator - 480 volts /10 KVA 9 Generator - 240 volts / 100 KVA 10 Generator - 240 volts 175 KVA 11 Generator - 240 volts 165 KVA 12 Generator - 240 volts 150 KVA 13 Generator - 240 volts 140 KVA 14 Generator - 240 volts 130 KVA 15 Generator - 240 volts 125 KVA 16 Generator - 240 volts / 12.5 KVA Cable 17 Cable - 100 Ft. 500 MCM 41C 18 Cable - 100 Ft. 250 MCM 4/C 19 Cable - 100 Ft. 2/0 AWG 4/C 20 Cable - 100 Ft. 4/0 AWG 4/C 21 Cable - 100 Ft. 4 AWG 4/C 22 Cable - 200 Ft. 500 MCM 4/C 23 Cable - 400 Ft. 500 MCM 4/C Pumps & Hose 24 4" X 4" Diesel Pump 25 6" X 6" Diesel Pump 26 4" Suction /Discharge Hose 50' Section 27 6" Suction /Discharge Hose 50' Section 28 4 Inch Submersible Hydraulic Pump 29 6 Inch Submersible Hydraulic Pump 30 300 GPM Pump 31 500 GPM Pump 32 1000 GPM Pump Miscellaneous Equipment & Services 33 Comfort Station - 10 Stall Unit 34 Comfort Station -26 ft. BT Unit 35 Shower Units - 4 stall 36 Shower Units - 6 stall 37 Shower Units 12 stall with 6 sinks 38 Walk in Cooler 39 Walk in Freezer Dump Truck with Sandbagging Unit 40 Attachment/ With Operator 41 Jet Rod Vacuum Truck 5 $4,000.00 $20,000.00 6 2,750.00 16,500.00 6 1,900.00 11,400.00 3 1,450.00 4,350.00 7 1,100.00 7,700.00 2 950.00 1,900.00 2 460.00 920.00 1 460.00 460.00 2 1,450.00 2,900.00 3 1,300.00 3,900.00 2 1,260.00 2,520.00 7 1,100.00 7,700.00 3 1,061.25 3,183.75 1 950.00 950.00 12 950.00 11,400.00 25 460.00 11, 500.00 6 3 1 3 1 3 1 1 1 1 1 1 1 5 5 5 3 3 6 6 6 4 4 1 1 500.00 500.00 500.00 500.00 500.00 1,000.00 2,000.00 535.00 650.00 53.75 111.25 1,000.00 1,350.00 466.00 466.00 795.00 3,000.00 1,500.00 500.00 1,500.00 500.00 3,000.00 2,000.00 535.00 650.00 53.75 111.25 1,000.00 1,350.00 2,330.00 2,330.00 3,975.00 1,562.50 4,687.50 6,500.00 19,500.00 1,100.00 6,600.00 3,250.00 19,500.00 8,625.00 51,750.00 403.00 1,612.00 403.00 1,612.00 10, 500.00 10,500.00 16, 905.00 16, 905.00 CITY OF CORPUS CHRISTI PURCHASING DIVISION Buyer : Michael Barrera BID ITEM DESCRIPTION 42 1000 Gallon Fuel Tank 43 2000 Gallon Fuel Tank 44 185 CFM Air Compressor 45 6000 Ib. Extended Reach Forklift 46 8000 Ib. Extended Reach Forklift 47 Mobile Tire Repair Truck 48 Portable Toilet Facilities On -site response teams to perform wide 49 range of emergency services. 50 4000 Watt Light Tower Fuel 51 Diesel Fuel Transport Deliveries Servicing City : Houston, Texas Servicing City location rack price. Date 7/27/07 ( X) Plus () Minus $2.7 15% Tank Wagon Deliveries Servicing City : Houston, Texas Servicing City location rack price. _$2.7 Date 7/27/07 ( X) Pius ( ) Minus _15% 52 Gasoline Fuel Transport Deliveries Servicing City : Houston, Texas Servicing City location rack price. _$2.5 Date 7/27/07 ( X) Plus () Minus _15% Tank Wagon Deliveries Servicing City : Houston, Texas Servicing City location rack price. Date 7/27/07 ( X) Plus () Minus _15% BID TABULATION BI- 0217 -07 EOC Emergency Response Services QTY 2 2 5 1 1 2 50 _$2.57 3 2 20,000 20000 Garner Environmental Services, Inc. Deer Park, Texas UNIT TOTAL PRICE PRICE $690.00 $1,380.00 1,380.00 2,760.00 258.75 1,293.75 2,716.00 2,716.00 2,940.00 2,940.00 12,075.00 24,150.00 120.75 6,037.50 57, 750.00 375.00 173,250.00 750.00 3.11 62,200.00 2.96 59,200.00 Grand Total $600,962.50 CITY COUNCIL AGENDA MEMORANDUM August 21, 2007 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to approve the annual software maintenance renewal with ESRI, Inc. of Redlands, California in an amount not to exceed $53,162.12 for the ESRI suite of products used by the City's Geographic Information System users based on sole source. B. Motion authorizing the City Manager or his designee to approve purchase of continued annual maintenance costs from ESRI, Inc. of Redlands, California for the ESRI suite of products subject to annual appropriation of funds based on sole source. ISSUE: Software must be maintained to allow for and improvements and to ensure that it stays compatible with other systems. For these maintenance fees ESRI provides the City with annual software updates as well as phone support. ESRI, Inc. has provided quote #25264262 for annual maintenance from October 2, 2007 through October 1, 2008 of the City of Corpus Christi's ESRI suite of application software. ESRI, Inc. is the sole provider of ESRI application software /hardware maintenance. BACKGROUND: ESRI suite of software is used to maintain the City's Geographic Information System (GIS) mapping. These maps and layers represent spatial information of the City's infrastructure and are used by Utilities, Engineering, Public Safety, Development Center and others. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: March 26, 2002 City Council approved purchase of the ESRI, Inc. software including first year maintenance. August 19, 2003 city Council approved annual software maintenance for FY2003 -2004. August 17, 2004 City Council approved annual software maintenance for FY2004 -2005. August 23, 2005 City Council approved annual software maintenance for FY2005 -2006. August 22, 2006 City Council approved annual software maintenance for FY2006 -2007. FUNDING: The total cost of $53,162.12 will be funded from the MIS Department Fiscal Year 2007- 2008 budget. Continued annual maintenance will be requested during the budget process. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. Ogilvie F. Gericke Director of MIS Attachments: None Date: 8/7/2007 Time: 8:13 AM To: @ 13618264311 Page: 002 ■ ESRI 380 New York Street REDLANDS, CA 92373 Phone: 888-377-45753341 Fax #: 909. 307.3083 Date: 07/02/2007 Quotation Number. 25264262 Quotation CITY OF CORPUS CHRISTI MIS DATA CENTER CITY HALL 1201 LEOPARD ST CORPUS CHRISTI TX 78401 -2120 Attn: Connie Burns Customer Number: 201995 For questions regarding tile document, please contact Customer Service at 888 -077 .4575. Send Purchase Orders To: ESRI, Inc. 380 New York Street Redlands, CA 92373 -8100 Attn: Erick Arial Please include the following remittance address on your Purchase Order: ESRI Inc. File #54630 Los Angeles, CA 90074 -4630 tem Qty Product# Unit Price Extended Price 10 2 52384 Arclnfo Concurrent Use Primary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 1010 10 52385 Arclnfo Concurrent Use Secondary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 3,000.00 6,000.00 1,200.00 12,000.00 2010 2 52385 1,200.00 2,400.00 Arclnfo Concurrent Use Secondary Maintenance Start Date: 1 0/02/2007 End Date: 10/01/2008 3010 1 52396 500.00 500.00 ArcCOGO Floating Primary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 1010 1 86497 ArcEditor Concurrent Use Primary Maintenance Start Date: 10/02/2007 1,500.00 1,500.00 This quotation Is valid for 90 days and 1s subject to your ESRI license Agreement. The quotation information is proprietary and may not be copied or released other than for the express purpose of system selection and purchaseJlicense. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research institute, Inc. (ESRI). Any estinated sates and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESN reserves the right to adjust and collect sales and/or use tax at the actual date of Invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your states taxing authority for the given Jurisdiction. Issued By: Erick Arial Ext: 3341 To expedite your order, please reference your customer number and this quotation number on your purchase order. [CSBATQ -OOMI Date: 8/7/2007 Time: 8:13 AM To: @ 13618264311 Page: 003 Date: 07/02/2007 380 New York Street REDLANDS, CA 92373 Phone: 888- 377 - 45753341 Fax #: 909. 307 -3083 Quotation Number: 25264262 Quotation Page 2 Item Qty Product# Unit Price Extended Price End Date: 10/01/2008 5010 2 86500 706.85 1,413.70 ArcEditor Concurrent Use Secondary Maintenance Start Date: 02/29/2008 End Date: 10/01/2008 6010 1 87194 700.00 700.00 ArcView Concurrent Use Primary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 7010 2 87194 ArcView Concurrent Use Primary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 8010 2 87195 ArcView Concurrent Use Secondary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 700.00 1,400.00 500.00 1,000.00 9010 17 87195 500.00 8,500.00 ArcView Concurrent Use Secondary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 10010 1 87232 500.00 500.00 ArcGIS Spatial Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 110102 87233 200.00 400.00 ArcGIS Spatial Analyst Concurrent Use Secondary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 12010 1 87198 500.00 500.00 ArcGIS 3D Analyst Concurrent Use Primary Maintenance This quotation Is valid for 90 days and is subject to your ESRI License Agreement. The quotation information Is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estrnated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience fa your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to Invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Erick Arial Ext: 3341 To expedite your order, please reference your customer number and this quotation number on your purchase order. ICSBATCHOOMI Date: 8/7/2007 Time: 8 :13 AM To: @ 13818264311 Page: 004 Date: 07/02/2007 380 New York Street REDLANDS, CA 92373 Phone: 888- 377 - 45753341 Fax #: 909 -307 -3083 Quotation Number. 25264262 Quotation Page 2 Item Qty Product# Unit Price Extended Price Start Date: 10/02/2007 End Date: 10/01/2008 13010 2 87199 200.00 400.00 ArcGIS 3D Analyst Concurrent Use Secondary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 14010 1 87236 500.00 500.00 ArcGIS Geostatistical Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 15010 1 87237 200.00 200.00 ArcGIS Geostatistical Analyst Concurrent Use Secondary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 16010 1 92628 500.00 500.00 ArcGIS Survey Analyst Concurrent Use Primary Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 17010 1 98880 295.00 295.00 Annual Support Assistance Program for ArcPad Start Date: 10/02/2007 End Date: 10/01/2008 1801015 87217 175.89 ArcSDE Developer Support Group Read Only Server Connection Maintenance Start Date: 07/31/2007 End Date: 10/01/2008 2,638.35 19010 1 100571 210.96 210.96 ArcGIS Network Analyst Concurrent Use Primary Maintenance Start Date: 05/01/2008 End Date: 10/01/2008 22010 1 105219 595.89 595.89 This quotation Is valid for 90 days and is subject to your ESRI License Agreement. The quotation information is proprietary and may not be copied or released other than tor the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Envronmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of ells quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sates and/or use tax at the actual date of invoicing. if your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: Erick Arial Ext: 3341 To expedite your order, please reference your customer number and this quotation number on your purchase order. Icssnra-iDOMI )ate: 8/7/2007 Time: 8:13 AM To: a 13618264311 Page: 005 1 Date: 07/02/2007 380 New York Street REDLANDS, CA 92373 Phone: 888- 377 - 45753341 Fax #: 909-307 -3083 Quotation Number, 25264262 Quotation Page 4 tem Qty Product# Unit Price Extended Price ESRI Developer Network (EON) Subscription Bundle Start Date: 05/10/2008 End Date: 10/01 /2008 23010 1 105888 ArcIMS Single Socket Maximum Two Cores per Socket Maintenance Start Date: 04/01/2008 End Date: 10/01/2008 24010 1 106548 ArcGIS Server Aggregated Migrated Maintenance Bundle 1,008.22 1,008.22 10,000.00 10,000.00 24080 2 106509 ArcGIS Server Standard Enterprise Up to Two Sockets Maximum Two Cores per Socket Migrated Maintenance Start Date: 10/02/2007 End Date: 10/01/2008 24090 2 106510 ArcGIS Server Basic Enterprise Up to Two Sockets Maximum Two Cores per Socket Migrated Maintenance Start Date: 10/02/2007 End Date: 10/01 /2008 Subtotal 53,1 62.12 Estimated Tax 0.00 Total $ 53,162.12 This quotation Is valid for 90 days and Is subject to your ESRI License Agreement. The quotation Information Is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This Information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute, Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly, then prior to invoicing, your organization must provide ESRI with a Dopy of a current tax exemption certificate issued by your states taxing authority for the given jurisdiction. issued By: Erick Arial Ext: 3341 To expedite your order, please reference your customer number and this quotation number on your purchase order. ICSBATCHDOM) Date: 8/7/2007 Time: 8:13 AM To: @ 13618264311 Page: 007 Date: 07/02/2007 38o New York Street REDLANDS, CA 82373 Quotation Phone: 888-377- 45753341 Page 6 Fax #: 909-307-3083 Quotation Number: 25264262 Item Qty Product# Unit Price Extended Price BY SIGNING BELOW, YOU ARE INDICATING TEAT YOU ARE AUTBORIZED TO OBLIGATE FUNDS FOR TOUR ORGANIZATION. DO NOT USE TBI5 FORM FOR ORDER ACTIVATION IF TOUR ORGANIZATION WILL NOT BORPOR AND PAY AN INVOICE TEAT BAS BEEN ISSUED AT YOUR DIRECTION =TROUT ADDITIONAL AUTHORIZING PAPERWORK. To expedite your order, either attach a copy of this quotation to your purchase order when it is remitted to ESRI, or sign below and return this quotation to indicate your acceptance. ESRI's address and fax cumber are provided on the first page of this quotation. If you have made ANY alterations to the line items included in this quote and have chosen to sign the quote to indicate your acceptance, you must fax ESRI the signed quote in its entirety in order for the quote to be accepted. You will be contacted by your Customer Service Representative if additional information is required to complete your request. If your organisation is a US Federal, state, or local government agency; an educational facility; or a company that will not pay an invoice without having issued a formal purchase order, a signed quotation will not be accepted unless it is accompanied by your purchase order. If you choose to discontinue your support, you will become ineligible for support benefits and services. All maintenance fees from the date of discontinuation will be due and payable if you decide to reactivate your support coverage at a later date. By signing below, you are authorising ESRI to issue a software support invoice in the amount of $ plus sales tax, if applicable. Please check one of the following: I agree to pay any applicable sales tax. I an tax exempt. Please contact me if ESRI does not have my current exempt information on file. Signature of Authorised Representative Date Nam* (Please Print) Title This quotation Is valid for 90 days and Is subject to your ESRI License Agreement. The quotation Information is proprietary and may not be copied or released other than for the express purpose of system selection and purchase/license. This information may not be given to outside parties or used for any other purpose without consent from Environmental Systems Research Institute. Inc. (ESRI). Any estimated sales and/or use tax has been calculated as of the date of this quotation and is merely provided as a convenience for your organization's budgetary purposes. ESRI reserves the right to adjust and collect sales and/or use tax at the actual date of invoicing. If your organization is tax exempt or pays state taxes directly. then prior to invoicing, your organization must provide ESRI with a copy of a current tax exemption certificate issued by your state's taxing authority for the given jurisdiction. Issued By: ErickArial Ext: 3341 To expedite your order, please reference your customer number and this quotation number on your purchase order. 1C BATCHDOMI 8 CITY COUNCIL AGENDA MEMORANDUM August 21, 2007 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to authorize payment of invoice 10234619 for twelve months software and hardware maintenance with Kronos, Inc. of Chelmsford, MD in an amount not to exceed $48,179.52 based on sole source. B. Motion authorizing the City Manager or his designee to approve purchase of continued annual maintenance costs from Kronos, Inc. of Chelmsford, MD for software and hardware for the Kronos suite of products subject to annual appropriation of funds based on sole source. ISSUE: Software and hardware must be maintained to allow for continued operation of the time management system, upgrades and improvements and to ensure that it stays compatible with other systems. Kronos, Inc. provided a quote for annual maintenance from August 15, 2007 through August 14, 2008 of the City of Corpus Christi's Kronos system. Kronos, Inc. is the sole provider of Kronos application software/hardware maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for expenditures over $25,000. PREVIOUS COUNCIL ACTION: On July, 25 2000, City Council authorized the purchase of the Kronos time management system from Kronos Inc. Since that time, City Council has approved subsequent annual software/hardware maintenance renewals. FUNDING: The total cost of $48,179.52 will be funded from the MIS Department Fiscal Year 2007 -2008 budget. Continued annual maintenance will be requested during the budget process. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the motion as presented. a •C.CrS2.:caes Ogilvie F. Gericke Director of MIS J KRONOS° 297 Billerica Road Chelmsford, MA 01824 (978) 250 -9800 Ship to CITY OF CORPUS CHRISTI 1201 LEOPARD Bill to CORPUS CHRISTI, TX 78401 CITY OF CORPUS CHRISTI Attn: JANET WALTON 1201 LEOPARD CORPUS CHRISTI, TX 78401 (REMIT TO: Mail Checks To: P.O. Box 845748 BOSTON, MA 02284 -5748 Electronic Transfer To: Citizens Bank ABA 211070175 Account FOR BILLING QUESTIONS, CALL YOUR CONTRACT ADMINIS usv Vl 164.C. NUMBER 10234619 1 DATE 16- JUN -07 PAGE 1 of 2 PURCHASE ORDER NUMBER REFERENCE SERVICE CONTRACT NUMBER 1167332 R16- APR -07 CUSTOMER NUMBER 6004003 LOCATION NUMBER 136261 amtay LaGrone 713- 802 -6833 OR glagrone @kronos.com TERMS Net 30 Days DUE DATE 16- JUL -07 SALESPERSON Recurring, West6 SALES TERRITORY West Contract CUSTOMER CONTACT JANET WALTON T:f tiC4111' 1 VON Depot Exchange Support Service 8600615 -229 8600615 -021 8600615 -011 8600615 -011 8600615 -229 8600615 -021 8600615 -229 8601183-001 8601183 -001 8600615 -021 8600947 -001 8602004 -001 8602004 -001 8602004 -001 8602004 -011 8602000 -001 8602004 -001 8602000 -001 8602004 -001 8602000 -001 8602004 -001 SHIP DATE 480F,512K,W /ENET 480F,FULL,B /C,512K 480 FULL,BIC,256K REPLACED W/ 480 FULL,B /C,256K REPLACED WI 480F, 512 K, WIENET 480F,FULL,B /C,512K 480F,512K,WIENET MODEM OPTION 14.4K MODEM OPTION 14.4K 480F,FULL,BIC,512K OP KIT, ETHERNET BOARD,400 4500,FULL,NUM,B /C 4500,FULL, NUM, BIC 4500,FULL, NUM, BIC 4500,FULL,NUM,B /C,MODEM 4500,FULL,NUM,B /C INA 4500,FULL, N U M, BIC 4500,FULL,NUM,B /C INA 4500,FULL,NUM,B /C 4500,FULL,NUM,B /C INA 4500,FULL,NUM,B /C SHIP VIA 15- AUG -07 14- AUG -08 15 -AUG -07 14 -AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 27- JUL -07 14- AUG -08 12- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15 -AUG -07 14 -AU G-08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 15- AUG -07 14- AUG -08 Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each Each SHIPPI QUAPd111 P 4 1 3 28 1 2 1 1 1 1 33 4 1 1 1 2 1 1 1 12 1 NG REFERENCE N N N N N N N N N N N N N N N N N N N N N UN11 PHICI 218.45 152.22 152.22 148.48 194.69 148.48 202.48 31.49 30.72 151.84 31.49 264.35 257.79 247.08 265.03 271.01 271.01 260.58 257.85 264.35 265.06 [ %TCNE�F.q AL1pUN1 873.80 152.22 456.66 4,157.44 194.69 296.96 202.48 31.49 30.72 151.84 1,039.17 1,057.40 257.79 247.08 265.03 542.02 271.01 260.58 257.85 3,172.20 265.06 Federal Tax ID: 04- 2640942 Ship to Bill to KRONOS® 297 Billerica Road Chelmsford, MA 01824 {978) 250 -9800 CITY OF CORPUS CHRISTI 1201 LEOPARD CORPUS CHRISTI, TX 78401 CITY OF CORPUS CHRISTI Attn: JANET WALTON 1201 LEOPARD CORPUS CHRISTI, TX 78401 (REMIT TO: Mail Checks To: P.O. Box 845748 BOSTON, MA 02284 -5748 Electronic Transfer To: Citizens Bank ABA 211070175 Account 1107454325 uI• r tIra..0 NUMBER 10234619 1 DATE 16- JUN -07 PAGE 2 of 2 PURCHASE ORDER NUMBER REFERENCE SERVICE CONTRACT NUMBER 1167332 R16- APR -07 CUSTOMER NUMBER 6004003 LOCATION NUMBER 136261 FOR BILLING QUESTIONS, CALL YOUR CONTRACT ADMINISTRATOR Eguienthalyn Charntay LaGrone 713 -802 -6833 OR glagrone@kronos.com TERMS Net 30 Days DUE DATE 16- JUL -07 SALESPERSON Recurring, West6 SALES TERRITORY West Contract CUSTOMER CONTACT JANET WALTON SHIP DATE SHIP VIA SHIPPI NG REFERENCE Pr S.411'11(. 1i414N 111 Y KNIT PRI(:1- F . XTENDLD Ar,10UNT 8602000 -001 Silver Support 4500,FULL,NUM,B /C INA Service 8602377 -002 8800036 -000 8800039 -000 8800039 -000 8800039 -000 8800065 -000 8800066 -000 8800036 -000 8800036 -000 15- AUG -07 14- AUG -08 WTT V5.0,DIGITAL T1,16 PORT 15 -AUG -07 14- AUG -08 WORKFORCE TK v5 3000 15- AUG -07 14- AUG -08 WORKFORCE MANAGER v5 150 15- AUG -07 14- AUG -08 WORKFORCE MANAGER v5 25 15- AUG -07 14- AUG -08 WORKFORCE MANAGER v5 25 15- AUG -07 14- AUG -08 WF CONNECT v5,UNLIM,EMPLO 350015- AUG -07 14- AUG -08 WF CONNECT vS,UNLIM,1IF 1 15- AUG -07 14 -AUG -08 WORKFORCE TK v5 100 15- AUG -07 14- AUG -08 WORKFORCE TK v5 400 15- AUG -07 14- AUG -08 THIS IS YOUR SUPPORT CONTRACT RENEWAL As a Kronos support customer, you have access to our customer support portal which contains all the tools and resources you need to maximize your Kronos system. Visit www.kronos.com, click "Customer Site ", then "Technical Support" and explore our Customer Forums, e-Case Management tool, Live Online Support and much more To access all available support features, upgrading your support contract may be in your best interest. Find out how by contacting your local Kronos sales or service representative. Each Each Each Each Each Each Each Each Each Each 1 N N N N N N N N N N 289.74 9,865.06 11, 248.64 3,374.59 1,216.79 1,218.05 3,741.16 0.00 608.40 2,433.60 289.74 9,865.06 11,248.64 3,374.59 1,216.79 1,218.05 3,741.16 0.00 608.40 2,433.60 SUBTOTA! SHIPPING FIANDL INC 48,179.5 TAX TOTAL 0.00 0.00 48,179.52 Federal Tax ID: 04- 2640942 Currency USD 9 CITY COUNCIL AGENDA MEMORANDUM Date: 08/21/07 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee, to execute a cooperative agreement with the U. S. Department of Justice, Drug Enforcement Administration (DEA) in an amount not to exceed $20,000 for the Police Department to provide officers on an overtime basis to a joint operation/task force. B. Ordinance appropriating $20,000 from the U. S. Department of Justice, Drug Enforcement Administration (DEA) for the Police Department to provide officers on an overtime basis to a joint operation/task in the No. 1020 General Fund — Police Department, amending ordinance number 027352 which adopted the FY 2007 -08 budget by increasing both revenues and appropriations by $20,000. ISSUE: The U.S. Department of Justice has federal funding available for the Police Department to assist in investigations and prosecutions conducted by the DEA. BACKGROUND: The Police Department agrees to provide officers on an overtime basis to participate on the DEA Task Force to gather and report intelligence data and conduct investigations related to illicit drug traffic. The City is responsible for submitting monthly requests for reimbursement. The agreement is in effect from 06/01/07 — 05131108. FUNDING: The funds will be appropriated into the Police General Fund and reimbursed into revenue. REQUIRED COUNCIL ACTION: Acceptance of the agreement and appropriation of funds. RECOMMENDATION: Staff recommends acceptance of the agreement and appropriation of funds. ADDITIONAL SUPPORT MATERIAL Agreement Bryan P. Smith Chief of Police U.S. OEPART111 NT Oft JUITICE - DRUG (iNFORCIgAllir A MIh1STRATION oRG NILED CMS DRUG E ORcemenT TASK roams Agreement FOR THE USE O1' THE STATE AND LOCAL OVERTIME AND AUTHORISED EXPENSE PROGRAM federal Tax Identification s: 74 -6000 -574 Alrotutt /Inquest-ad! . 20,000.00 Number of Officer. Listed: 17 From: To: 06-01 -200'1 Beginning Date of Agswaaaut 05 -31 -2008 £nming pate Agreement Stale or Local Agenoy Contact Paraiba: Cmdr. Mike Walsh Tolapltune shngletz 361/8862706 • Sponsoring Federal Amoy Ii.et : ACS wpm Investigation Number: SW:00674H Wesel Agency Investigation Number: MA -0 6 -01 B 5 State or Local Agency Name and Address: CORPUS CHRISTI POLICE DEPARTMENT 321 JOHN SARTAIN ST. CORPUS CHRISTI, TEXAS 18401 DRUG ENFORCEMENT ADM /NISTRATlON, CORPUS CHRISTI RESIDENT OFFICE or Please provide person at the Statee or number and who is directly responsible responsibledfornithe billings financial staff under this Reimbursement Agreement Name: Cied >rarre 1 Telephone Number 16k/08627,05 E -mail Address: cindyrecctinsas mom Fax Number Agreaxent (Oct. 061, Page 1. FORM 0EA428 , V t !!LY 1Y. Vy 1 n rns VVLVV6VVVV This agreement is not a contract or obligation to conceit Federal funds in the maximum amounts projected. Funding allocations Upon for the onsultatian between the. sponsoring agreed de herein and the projections only and are based ocoeTF State or Local law enforcement agency. They are, therefore, subject to modificetiOnobycoc are based upon the progress and needs of the OCOZTT investigation. and signature Additionally, l sour OCDarF contingent upon the availability of funds per the app Coordinators obligating authority. The MOM Executive Office will verify and accept that all the terms and conditions of the agreement have b*n Jme-t.. Approved By; Bryan p_Se►ith i I* `;�,r AuCAArised State or xoca % ~fLttS f Approved By: William L. Gtant, Resident or assignrt Speruortng federal Agency $paaisl Agvat in Purge Approved By! Approved By: Regional sponsoring ZZrdoeal Agency OcDBTF Coordinator Aagionaf Assistant (Noted States Attorney OCD:TF Coordinator Funds are eneutaberod for the state /Local Agency overtime costs and authorized expenses specified above. Subject to availability of funds. le7 pate wtr pate Accepted By: oCpgIF es•otCivo Oltice Agreement (Oct. 061, page 5. pate RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A COOPERATIVE AGREEMENT WITH THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) IN AN AMOUNT NOT TO EXCEED $20,000 FOR THE POLICE DEPARTMENT TO PROVIDE OFFICERS ON AN OVERTIME BASIS TO A JOINT OPERATION/TASK FORCE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS THAT: SECTION 1. That the City Manager, or his designee, is authorized to execute a cooperative agreement with the United States Department of Justice, Drug Enforcement Administration (DEA) in an amount not to exceed $20,000 for the Police Department to provide officers on an overtime basis to a joint operation/task force. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to form A -5,,f /( , 2007 Joseph Hart4fey Assistant City Attorney For City Attomey 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 Michael McCutchon ORDINANCE APPROPRIATING $20,000 FROM THE UNITED STATES DEPARTMENT OF JUSTICE, DRUG ENFORCEMENT ADMINISTRATION (DEA) FOR THE POLICE DEPARTMENT TO PROVIDE OFFICERS ON AN OVERTIME BASIS TO A JOINT OPERATION/TASK FORCE IN THE NO. 1020 GENERAL FUND - POLICE DEPARTMENT; AMENDING ORDINANCE 027352 WHICH ADOPTED THE FY2007 -2008 BUDGET INCREASING BOTH REVENUES AND APPROPRIATIONS BY $20,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $20,000 from the United States Department of Justice, Drug Enforcement Administration is appropriated in the General Fund No. 1020 for the police department to provide officers on an overtime basis to a joint operation /task force. SECTION 2. That the FY 2007 -2008 Operating Budget, adopted by Ordinance No. 027352, is amended by increasing revenues and appropriations by $20,000. SECTION 3. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 21ST of August, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form. ` fi /6 , 2007 Joseph Haohey Assistant City Attorney For City Attorney TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, l/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 21. 2007 AGENDA ITEM: Item A: Resolution authorizing the City Manager or designee to accept a $56,119 grant awarded by the Corporation for National and Community Service for RSVP. Item B: Ordinance appropriating a $56,119 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for RSVP; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide enhanced funding to continue Retired and Senior Volunteer Program (RSVP). The fund authorization will be for the period April 1, 2007 through March 31, 2008. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund RSVP from April 1, 2007 through March 31, 2008. PREVIOUS COUNCIL ACTION: On September 26, 2006, the City Council accepted and appropriated Federal funds in the amount of $56,119 from the Corporation for National and Community Service. This Council action authorized funding for the second year of a three year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $56,119 in Federal funds to the City of Corpus Christi. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Sally Ga Parks a Attachments: Background Information , Director Recreation Department BACKGROUND INFORMATION Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the past grant period 825 enrolled volunteers contributed 9833 hours each month through 66 different non - profit, health care proprietary, and governmental agencies including the City of Corpus Christi Police Department, Driscoll Children's Hospital, USS Lexington, Alameda Oaks Nursing Center and other organizations. During the FY 2006 -2007 grant period RSVP contributed 118,000 hours of service to the community. RSVP dedicated 19,115.5 hours of service to City departments including the Police Department's Special Services; Training; Identification; Criminal Investigation; Family Violence and Community Services Divisions. Other City departments served include the Public Library; Corpus Christi International Airport Ambassadors; Museum of Science and History; Parks and Recreation/Senior Community Services Senior Centers and Senior Companion Program resulting in an annual value of $92,897.93 provided directly to the City of Corpus Christi. )tice of Grant Award Corporation for National and Community Service 601 Walnut Philadelphia, PA 19106 etired and_Senior Volunteer Prag_ a_m - - -- ~ —�~ ON: 746000574 rante e 2.01 Leopard PO Box 277 Christi TX 78469 ity of Corpus Christi 04/01/2005 - 03(31/2008 0410112007 - 03(31/2008 ■ward Information Project Period: ∎greementNo.: 05SRWTX018 Budget Period: kmondment No.: 3 :FDA No.: 94.002 Award Descri tion Year 3 of a three -year award. -- program as authorized by the Domestic The purpose in out a national service prog u ore of this award is to assist the grantee in carrying ter 22). Thep rp (42 U.S.C., P Volunteer Service Act of 1973, as amended { Funding information This Award/ Total Current -�� Pravloust Y Amendment Year Current Year /warded Amendment This Year — -- —_ —_ 556,119 556,119 Total Obligated by CNCS Grantee's Unobligated 50 50 50 Balance (Carryover) �--` — 556,1 l9 50 556,119 556 Total Available __��_ —____ Cumulative funding oror Project roject Period 5111,490 Total Awarded in Previous Years S167,609 Total CNCS Funds Awarded to Date Special Conditions �. signed application package dated 211912007• Costs allowed under this grant are limited to those categories contained in rig pp with a!! terms and conditions of agrees to comply Terms of Acceptance: By accepting funds under this grant, the Grantee pdf, all assurances and certifications made in the the grant that are on the Corporation's website at agrees to administer the funded hltps:Ile cn and all er applicable federal lisSVP TaegC_tions and guidelines. s ines he ra tee agr, end older representations Grant application, and a applicab }e feder statutes, regulations and guidelines. The Grantee ag Program pp application and budg ) Program in accordance with the approved Gcation, p made in support of the approved Grant application. _- _�_.__._ Corporation for National and Community Service. 03/08/2007 - -�= Date Signature Gloria Richard Name (typed) Lennette 13. White, 14^.880- ?470 Grants Official __ Dtice of Grant Award etired and Senior Volunteer Prom'?__...__ .____- - - --� = ���—���-- EN: 746000574 grantee ity of Corpus Christi 201 Leopard and PO Box 9277 Corpus Christi TX 78469 :orporation National and Community Service: Senior Grants Officer Title 601 Walnut Street, Suite 89 06 Philadelphia, PA Daniel Dunlap, 405- 231 -5203 Program Official A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A $56,119 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR RSVP. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $56,119 grant awarded by the Corporation for National and Community Service for RSVP. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the 21st day of August, 2007. ATTEST: Armando Chapa, City Secretary APPROVED: August 16, 2007 Lisa Aguil Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett, Mayor Corpus Christi, Texas Day of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Mike McCutchon u.i: cn nentu :....to......1. IT.... ann7toC ID oenn6,tin., Ann Page 1 of 2 ORDINANCE APPROPRIATING A $56,119 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE RSVP; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $56,119 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the RSVP. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 21st day of August, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved: August 16, 2007 4l (` Lisa Aguilar Assistant City Attorney for City Attorney Page 2 of 2 Corpus Christi, TeXas day of , 2007. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Henry Garrett, Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Mike McCutchon 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: Auuust 21.2007 AGENDA ITEM: Item A: Resolution authorizing the City Manager or designee to accept a $275,761 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. Item B: Ordinance appropriating a $275,761 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide funding to continue the Senior Companion Program (SCP). The fund authorization will be for the period July 1, 2007 through June 30, 2008. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund the Senior Companion Program from July 1, 2007 through June 30, 2008. PREVIOUS COUNCIL ACTION: On September 26, 2006 the City Council accepted and appropriated Federal funds in the amount of $275,761 from the Corporation for National and Community Service. This Council action authorized funding for the final year of a three -year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $275,761 in Federal funds to the City of Corpus Christi. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Sally Gavle • erector Parks and f ecreation Department Attachments: Background Information BACKGROUND INFORMATION The Senior Companion Program (SCP) assists low- income volunteers 60 years and over who are willing to serve as companions to homebound elderly and /or disabled persons 21 years of age or older. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping and minor housekeeping chores. They also provide critical respite care service for hospice support to family caregivers. Their assistance allows homebound clients to remain in their homes, delaying institutionalization while maintaining their independence and dignity. Companion benefits include a stipend of $2.65 an hour, a $1.50 meal reimbursement and either mileage reimbursement or bus tokens. In 2006, there were 55 companions enrolled in the program. These volunteers contributed 51,172.20 hours of service at an estimated value of $960,502.19 provided to the local community. Notice of Grant Award Senior Companion Program Grantee City of Corpus Christi 1201 Leopard PO Box 9277 Corpus Christi TX 78469 Award Information Agreement No.: 07SCWTX001 Amendment No.: 0 CFDA No.: 94.016 Award Description Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 EIN: 746000574 Project Period: Budget Period: Authorize FY2007 funding. 07/01/2007 - 06/30/2010 07/01/2007 - 06/30/2008 Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Current Year Previously Thls Award/ Total Current llwarded Amendment Year This Year Total Obligated by CNCS SO 5275,761 1275,761 Grantee's Unobligated SO SO Sp Balance (Carryover) Total Available SO 5275,761 5275,761 Cumulative Funding for Project Period Total Awarded in Previous Years 50 Total CNCS Funds Awarded to Date 5275,761 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 6/8/2007. Grantee must submit a revised budget by July 31, 2007. A restriction will be placed on your ability to draw down grant funds until a revised budget is submitted and approved. By July 31, 2007 grantee should submit a completed Financial Management Survey to the Corporation for National & Community Service (CNCS). The completed survey should be mailed to your assigned Grants Management Specialist at the Field Financial Management Center. Failure to submit the requested documentation may result in restriction being placed on your ability to draw down grant funds from your organization's Payment Management Account. Grantee shall prepare a Project Progress Report (CNCS -1020 for Senior Corps) semiannually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2007 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of Notice of Grant Award Senior Companion Program Grantee • City of Corpus Christi 1201 Leopard PO Box 9277 Corpus Christi TX 78469 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 EIN: 746000574 the grant that are on the Corporation's website al hops:// egranls. cns. gov/ termsandconditions/ FGP _SCP_TandC_Revised_20060925.pdt all assurances and certifications made in the Grant application. and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents. and other representations made in support of the approved Grant application. Corporation for National and Community Service: Signature Lennette B. White Name (typed) Senior Grants Officer Title Date Lennette B. White, 214 -880 -7070 Grants Official Daniel Dunlap, 405 -231 -5203 Program Official A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $275,761 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE SENIOR COMPANION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $275,761 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the 21st day of August, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: August 16, 2007 Lisa Aguilar v Assistant City Attorney For City Attorney H:1LEG- DIR \LisalResolution 20071SCP Resolution.doc Corpus Christi, Texas Day of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Mike McCutchon H:ILEG- DIRILisa\Resolution 2007\SCP Resolution.doc ORDINANCE APPROPRIATING A $275,761 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE SENIOR COMPANION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $275,761 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Senior Companion 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 first reading as an emergency measure this the 21st day of August, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved August 16, 2007 Lisa Aguilar (� Assistant City Attorney For City Attorney C: IDOCUME-111isaA\LOCALS-11Temp1SCP Ordinance.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. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Henry Garrett, Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Mike McCutchon C:I D0CUME -111isaA\LOCALS- 11TempISCP Ordinance.doc 12 AGENDA MEMORANDUM City Council Action Date: Auaust 21, 2007 AGENDA ITEM: Item A: A resolution authorizing the City Manager or designee to accept a grant of $150,475 from the Department of State Health Services for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. Item B: An ordinance appropriating a grant of $150,475 from the Department of State Health Services in the No. 1066 Health Grants Fund for personnel costs and other expenses relating to a plan for responding to an act of terrorism; and declaring an emergency. ISSUE: The Department of State Health Services (DSHS) has awarded a grant in the amount of $150,475 to maintain the laboratory, beginning September 1, 2007, through August 31, 2008. This grant will provide for personnel costs and other expenses relating to a plan for responding to an act of terrorism. REQUIRED COUNCIL ACTION: Acceptance of grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY06 -07. FUNDING: There is no match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to accept the grant and appropriate funding to maintain the laboratory. j -1-/).4 k ice.. (Department Head Sig BACKGROUND INFORMATION This item renews a contract with the DSHS to maintain the Health District's laboratory. This will enable the lab to test food for possible agents of bioterrorism as well as enabling the lab to support the Environmental Health division with outbreaks of food -borne illness. The contract requires no matching funds. The contract period is from 9/1/07 to 8/31/08, and funds are being awarded to cover personnel costs and other expenses relating to a plan for responding to an act of terrorism. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $150,475 FROM THE DEPARTMENT OF STATE HEALTH SERVICES FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant in the amount of $150,475 from the Department of State Health Services for personnel costs and other expenses relating to a plan for responding to an act of terrorism and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 8, 2007 %1.f of Eliza' h R. Hundley Assi ant City Attorney for the City Attorney EHres196.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING A GRANT OF $150,475 FROM THE DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND FOR PERSONNEL COSTS AND OTHER EXPENSES RELATING TO A PLAN FOR RESPONDING TO AN ACT OF TERRORISM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $150,475 from the Texas Department of State Health Services is appropriated in the No. 1066 Health Grants Fund for personnel costs and other expenses relating to a plan for responding to an act of terrorism. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 8, 2007 Elii -f-th R. Hundle A tant City Attorney for the City Attorney EHord207.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an 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 McCutchon 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 21, 2007 AGENDA ITEM: Resolution authorizing the City Manager or Designee to Execute a one -year Lease Option Agreement with the U.S. Government on behalf of the U.S. Coast Guard for property located at the Corpus Christi International Airport. ISSUE: The United States Coast Guard (USCG) desires to relocate the Headquarters of Coast Guard Sector Corpus Christi from the U.S. Naval Station Corpus Christi to the Corpus Christi Intemational Airport. The General Services Administration (GSA) is requesting an option on approximately 16 acres of land for the construction of hangar and office space and apron for the USCG. The land is located on the northwest side of the airport as shown on the attached exhibits. The option is for a twelve month period although GSA intends to have the property leased in early 2008. REQUIRED COUNCIL ACTION: Consideration of Resolution as presented. PREVIOUS COUNCIL ACTION: None FUNDING: Not applicable CONCLUSION AND RECOMMENDATION: The Airport Board has recommended approval of the Resolution as presented at the August 8, 2007 Airport Board Meeting. Attachments: Aerial Site Map of Land CCIA Property Site Map Ronald F. Massey Assistant City Manager BACKGROUND INFORMATION In 2002, the USCG approached the Airport to consider relocating the Headquarters of the Coast Guard Sector Corpus Christi at the Corpus Christi International Airport. At that time, the present location was suggested and a local engineering firm was hired by the Airport to coordinate with the USCG to determine their operational requirements and develop a construction cost estimate for the facilities. At the time, it was suggested the USCG would require 10.5+ acres to construct 93,347+ sq. ft. of building facilities and 156,800 sq ft of apron and pavement. The cost estimate for the project was $13,551,000. The USCG was unable to obtain funding for this project at that time. In July 2006, the USCG approached the Airport and had been successful in obtaining approval and funding to relocate the Headquarters of the Coast Guard Sector Corpus Christi to the Airport. A Memorandum of Understanding was signed by the USCG and the City in October, 2006 to facilitate the process. The USCG's intent was to lease a minimum of 11 acres on a 40 year lease with (2) 10 year options. Since that time, the USCG and GSA have increased the request for land to approximately 16 acres with an intent to occupy the premises by the summer of 2010. The GSA is in the process of requesting proposals for the construction project and needs an option on the land in order to solicit bids for the construction of the facility on the land at the airport. The request for bids is scheduled to be offered by GSA in September, 2007. GSA plans to request that the development firm that is awarded the contract lease the property from the airport and manage the facilities for the USCG. The Airport's Master Plan suggested use of this land is for aviation related purposes. We believe this project fits the uses as outlined in our Master Plan as well as provides an overall benefit to the Airport. The revenue to be generated from this lease will provide additional revenue for the Airport Fund. EXHIBIT Aerial Site Map of Land CORPUS CHRISTI INTERNATIONAL AIRPORT PROPERTY SITE MAP A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A ONE -YEAR LEASE OPTION AGREEMENT WITH THE U.S. GOVERNMENT ON BEHALF OF THE U.S. COAST GUARD FOR PROPERTY LOCATED AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to execute a one -year lease option agreement with the U. S. Government on behalf of the U.S. Coast Guard for approximately 16 acres of real property located at the Corpus Christi International Airport. The parcel is under consideration for use as an aircraft hangar, apron, and office building for the United States Coast Guard. Should the option be exercised within the time period provided, the City and the U. S. Government, or its assignee, will negotiate a long -term lease, anticipated to be for a period of 40 years, with two optional 10 -year lease term renewals. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 15, 2007 /. / !A/r. i V14LI A . . wliz- :eth R. Hundle As !ant City Attorney for the City Attorney EHres195.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon REAL ESTATE OPTION AGREEMENT This real estate option agreement (the "Agreement ") is entered into this day of 2007, by and between the City of Corpus Christi, a Texas home -rule municipal corporation, acting by and through its City Manager or his designee ( "City "), and the United States of America, acting by and through the General Services Administration (the "Federal Government ") whose regional address is 819 Taylor Street; RM 12Al2, Fort Worth, TX 76102. WHEREAS, the Federal Government desires to locate certain federal agencies and related facilities within Corpus Christi, Nueces County, Texas, and the City intends to voluntarily grant to the Federal Government an option to lease a parcel of real property located at Corpus Christi International Airport; and WHEREAS, the Federal Government requires an option to lease the site for use as an aircraft hangar, apron, and office building in the construction and operation of a facility for the United States Coast Guard. NOW, THEREFORE, in consideration of the above recitals, the mutual obligations of the parties to this Agreement including contingent option consideration in the amount of TEN DOLLARS ($10.00) and other valuable consideration, the sufficiency of which is hereby acknowledged, the parties agree as follows: 1. OPTION 1.01. "Property ". The real property that is the subject of this Agreement consists of approximately 16 acres located at Corpus Christi International Airport, Corpus Christi, Nueces County, Texas, as described in Exhibit "A," which is attached to this Agreement and incorporated into this Agreement by reference ( "Property "). 1.02. "Option". The City hereby grants to the Federal Government the exclusive right and option to elect, at any time during the term of the option, as defined herein, to lease from the City all or portions of the Property, subject to the terms and conditions set forth in this Agreement (such right and option to elect to lease by the Federal Government being referred to herein as an "Option" or the "Option "). 1.03. "Option Consideration ". The Federal Government shall pay to the City option consideration in the amount of TEN DOLLARS ($10.00) within thirty (30) days of the effective date of this Agreement. For purposes of this Agreement, the effective date means the date on which this Agreement is executed by the City's City Manager or designee ( "Effective Date "). Such payment must be sent to the address listed in Section 3.04 of this Agreement. 1.04 "Term of Option ". The Option commences as of the Effective Date and continues in effect for 365 days thereafter (the "Option Period "). The Option Period may be amended by mutual agreement of the parties. 1.05. "Exercise of Option." Should the Federal Government elect to exercise the Option secured by this Agreement, the Federal Government must do so in writing prior to the expiration of the Option Period. Upon a valid exercise of the Option, the City covenants not to enter into any lease negotiations or transactions concerning the Property for a period of ninety (90) days following exercise of the Option. 1.06. "Assignment of Option ". The Federal Government may assign the Option to another party by delivering or mailing such written notice of request for assignment to the City at any time before expiration of the Option Period and upon the City's approval in writing of such assignment, such approval not to be unreasonably withheld by the City. 2. LEASE 2.01. "Form of Lease ". In the event that the Federal Government exercises the Option contemplated under this Agreement, a lease, in substantially the same form as is attached to this Agreement as Exhibit "B," will be negotiated in good faith and entered into by the parties within ninety (90) days of exercise of the Option. 2.02. "Lease Terms ". The firm term of the lease is anticipated to be not Tess than 480 months. Additionally, the Federal Government may have two 120 -month options to extend the firm term of the lease. 3. MISCELLANOUS 3.01. "Testing ". The Federal Government and its agents, representatives, and employees participating in the construction contract acquisition process for the Federal Government, at their sole expense, shall have the right during the Option Period, subject to the rights, interest and uses made of the Property by the City, to enter upon the Property for the purposes of inspecting the same, making test borings, plans, topographical and boundary surveys, and any other necessary inspections in connection with the contemplated use of the Property. The Federal Government and its agents, representatives, and employees participating in the construction contract acquisition process, at their sole expense, shall promptly restore the Property to the condition in which it existed prior to the making of any such inspection, test boring, plan, topographical or boundary survery, or any other necessary inspection in accordance with good engineering and geophysical practices. 3.02. "Venue ". The obligations and undertakings of each of the parties to this Agreement must be performed in Corpus Christi, Nueces County, Texas. 3.03 "Modification ". This Agreement may be amended or modified only by a writing signed by both of the parties to this Agreement. 3.04 "Notices ". Any notice, tender, or delivery to be given by either party to the 2 other may be effected by personal delivery in writing or by registered or certified mail, postage prepaid, return receipt requested, and is deemed received upon actual receipt of same. Notices, tenders, and deliveries to either party must be addressed as set forth below. Each party may change its address by written notice in accordance with this paragraph. City of Corpus Christi: Corpus Christi International Airport Director of Aviation 1000 International Drive Corpus Christi, TX 78406 Federal Government: Eduardo O. Perez Contracting Officer General Services Administration 300 E. 8th Street, Suite G -150 Austin, Texas 78701. 3.05. "Recordation ". This Agreement may be recorded in the public real property records by either party. Each shall, upon the request of the other, join in any instrument or document in recordable form as may be necessary to release rights granted under this Agreement should this Option terminate. THE CITY OF CORPUS CHRISTI UNITED STATES OF AMERICA GENERAL SERVICES ADMINISTRATION Fort Worth, Texas 76102 George K. Noe City Manager Attest: Armando Chapa, City Secretary Approved as to legal form: Elizabeth Hundley Assistant City Attorney for the City Attorney Eduardo O. Perez Contracting Officer 3 EXHIBIT "A" REAL ESTATE 4 EXHIBIT 'B" Ground Lease at Corpus Christi International Airport Between the City of Corpus Christi And 5 TABLE OF CONTENTS 1. PREMISES 7 2. BASIC TERMS 7 3. RENT AND OTHER CHARGES PAYABLE BY LESSEE 10 4. USE OF PREMISES 11 5. CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND IMPROVEMENTS 13 6. CITY'S OBLIGATIONS 19 7. ASSIGNMENT AND SUBLETTING 20 8. GOVERNMENT STIPULATIONS 20 9. AIRCRAFT OPERATING AREA 20 10. NONDISCRIMINATION /AFFIRMATIVE ACTION. 22 11. CANCELLATION - TERMINATION 24 12. INDEMNIFICATION 26 13. INSURANCE 27 14. NOTICE. 28 15. LEASEHOLD MORTGAGE. 28 16. GENERAL PROVISIONS. 31 EXHIBIT "A "PREMISES 36 EXHIBIT "B "_LEGAL DESCRIPTION OF AIRPORT PROPERTY 37 EXHIBIT "C "_PLANS AND SPECIFICATIONS 40 EXHIBIT "D" AIRCRAFT OPERATING AREA 41 EXHIBIT "E" INSURANCE REQUIREMENTS 42 6 This Lease is between the City of Corpus Christi, a Texas home -rule municipal corporation (City), and , a corporation, (Lessee), with respect to the following facts, and is as follows: RECITALS City owns Corpus Christi International Airport ( "Airport"), located in Nueces County, State of Texas. Lessee desires to lease a certain parcel of land at the Airport to construct a to be subleased to United States Coast Guard (USCG), as set out in Section 7, ( "Sublessee "). The parties wish to enter into a written lease for land on which Lessee will construct said , which includes vehicular and aircraft parking areas/apron, hangar and office space for the purpose of conducting govemmental/military operations and related uses (" ") under the terms and conditions herein contained. The term "Lessee" includes "Sublessee" wherever applicable. AGREEMENT 1. PREMISES City leases unto Lessee an area located at the Property described in Exhibit "B" ( "Legal Description of Airport Property ") and as depicted in Exhibit "A" ( "Premises "), for operations, which includes square feet of land together with easements, access for ingress and egress, and parking areas. 2. BASIC TERMS 2.1 Lease Term. This Lease is for a term of forty (40) years beginning, , "Effective Date" if Lessee does not default in a term, condition, or provision hereof. 2.2 Options To Extend. Lessee shall have, at its option, two (2) successive non- automatic options to extend the Lease Term, each such option being for a period of ten (10) years (each such period also referred to herein as an "Extension Period "). Lessee shall notify City of its intent to exercise the option in writing at least ninety (90) days prior to the expiration of the Initial Term or Extension Period, as the case may be. Minimum Annual Rent for each Renewal Term shall be an amount equal to the then current Market Rate, as hereinafter defined. As used herein, the term "Market Rate" shall mean and refer to the product of the Per Square Foot Market Rate (as herein defined) times (or the combined actual square footage of 7 the Premises. For the purposes of this calculation, the term "Per Square Foot Market Rate" will mean and refer to a per square foot rental rate determined by Landlord, based upon rental rates then being charged for premises of similar size, of a similar age, and with similar improvements in Nueces County, Texas, taking into account the then current interest rate climate for mortgage indebtedness. The Landlord will determine the Per Square Foot Market Rate and the Market Rate for each Renewal Term, and provide written notice to Tenant of its determination, within thirty (30) days following Landlord's receipt of the Tenant's notice, exercising its right to extend the Lease Term for the applicable Renewal Term (herein a "Market Rate Notice "). If the Tenant does not object to the Market Rate specified in any such Market Rate Notice, within thirty (30) days following receipt thereof, the Minimum Annual Rent for the Renewal Term shall be the Market Rate specified in the Market Rate Notice. If the Tenant does object to the Market Rate specified in any such Market Rate Notice, within the thirty (30) day period provided, then Landlord and Tenant shall each appoint an appraiser qualified to determine Market Rate, and those two appraisers shall either agree to a joint determination of Market Rate, which shall be binding upon Landlord and Tenant, or, if they cannot agree, then they shall appoint a third appraiser, whose determination shall be binding; provided, however, Tenant may withdraw its right to renew the Lease Term within ten (10) days after the Tenant's receipt of either the joint determination of Market Rate or the third appraiser's determination of Market Rate, and the Lease will then expire and terminate as of the end of the Initial Term, or then current Renewal Term as the case may be. 2.3 Holding Over. Lessee shall vacate the Premises upon the expiration or earlier termination of the Lease. Lessee shall reimburse City for and indemnify City against all damages which City incurs from Lessee's delay in vacating the Premises (excluding punitive and/or consequential damages but including all costs associated with any eviction proceedings initiated by City and together with all reasonable attorney's fees incurred both at trial and upon any appeal). If Lessee does not vacate the Premises upon the expiration or earlier termination of the Lease and remains in possession thereof, either itself or through a subtenant, with the written consent of City, Lessee's occupancy of the Premises shall be a "month - to- month" tenancy. 2.4 Expiration of Term. Upon the Expiration Date: (a) all Improvements constituting part of the Premises (including any buildings) shall become City's property and shall be vacated in broom -clean condition; (b) Lessee shall deliver to City possession of the Premises; (c) Lessee shall surrender any right, title, or interest in and to the Premises; (d) Lessee shall deliver the Premises free and clear of all: (i) subleases, and (ii) liens except liens created as a result of City's or any of its agents' acts or omissions; (e) Lessee shall assign to City, without recourse, and give City copies or originals of any then current subleases that City has 8 elected to assume from Lessee, and all assignable licenses, permits, contracts, warranties, and guarantees then in effect for the Premises, if any; (1) the parties shall cooperate to achieve an orderly transition of operations from Lessee to City without interruption, including delivery of such books and records (or copies thereof) as City shall reasonably require. Notwithstanding anything to the contrary set for herein, Lessee may remove from the Premises any FF &E (as defined herein) that Lessee or any sublessee acquired or utilized in connection with the use and operation of the Premises, but Lessee or its sublessee must do so, if at all, before or within thirty (30) days after the Expiration Date. During such 30 -day period: (a) Lessee may enter the Premises for such purposes, without being deemed a holdover; (b) City shall have no obligation to preserve or protect such FF &E; and (c) in entering the Premises, Lessee shall comply with City's reasonable instructions. During said thirty (30) day period Lessee shall keep in force all insurance coverages as required under the terms of this Lease, with City being named as an additional insured. Lessee shall also indemnify, hold and save harmless City from any and all claims, losses and damages of whatsoever nature that might occur or be claimed as a result of Lessee's actions during said thirty (30) day period. Lessee's FF &E not removed from the Premises within thirty (30) days after the Expiration Date shall be deemed abandoned. For purposes of this Lease, "FF &E" means all movable furniture, fixtures, equipment, and personal property of Lessee that may be removed from the Premises without material damage thereto and without adversely affecting: (a) the structural integrity of the Premises; (b) any electrical, plumbing, mechanical, or other system of the Premises; (c) the present or future operation of any such system; or (d) the present or future provision of any utility service to the Premises. FF &E includes, but is not limited to, such items such as factory equipment, furniture, fixtures and equipment, telephone, telecommunications and facsimile transmission equipment, point of sale equipment, televisions, radios, and computer systems. 2.5 Redelivery of Premises. Upon expiration or termination of this Lease, Lessee must deliver the Premises to the City peaceably, quietly, and in as good condition as the same now are or may be hereafter improved by Lessee or the City, normal 9 use and wear thereof and damage by casualty, which damage Lessee is not required to repair or restore - subject to the provisions of Section 11.5 excepted. In addition to landlord's lien provided by the law of the State of Texas, the City has a contractual lien on all property of Lessee on the Premises as security for non- payment of rent. 3. RENT AND OTHER CHARGES PAYABLE BY LESSEE 3.1 Annual Base Rent. The annual base rent (the "Base Rent ") as outlined below shall be paid by the Lessee to City in equal monthly amounts from the Commencement Date, as defined below, through the end of the Lease Term as set forth in Section 3.2: Square ft of Premises as set forth in Section 1.1 multiplied by $0.25 Rate per square foot Annual Base Rent 3.2. Rent Adjustment. Every five (5) years from the Commencement Date, the Base Rent shall increase 7.5% from the previous Base Rent amount. 3.3 Time and Manner of Payment. Subject to the provisions of this Lease, Lessee shall pay City the Base Rent, in advance, without offset, deduction or prior demand on the first day of each month during the Lease Term. If the Commencement Date falls on other than the first day of a month, and/or if the last day of the Lease Term falls on other than the last day of a month, then Rent for the first month and/or the last month of the Lease Term shall be prorated based upon the number of days of the respective months the Lessee actually had possession of the Premises. The Base Rent shall be payable at City's address or at such other place as City may designate in writing. 3.4 Construction Rent. Lessee may occupy the Premises shown on Exhibit "B" to construct improvements as approved by the Aviation Director (see Section 5.4) from the date the Lease term begins through ( ) months or until the date Lessee's sublessee occupies the Premises, whichever is less, upon payment of ground rent on the Premises at fifty percent (50 %) of the Base Rent rate set forth in Section 3.1, prorated accordingly. 3.5 Agent. The City Manager, or designee, ( "City Manager ") appoints the Aviation Director, or designee, ( "Aviation Director ") as agent to receive all rentals and reports under this Lease. 10 3.6 Late Payment. Any rental payment or other sum due under the Lease, all of which shall be deemed "Rent" by the parties, not received within five (5) days of the due date shall bear interest until collected, at a rate equivalent to the lesser of (i) the highest rate of interest allowed by law; and (ii) twelve percent (12 %) per annum. 3.7 Security Badges. Each of Lessee's employees needing access to a restricted area (including the AOA, see Section 9) may be required to wear a security identification badge. Lessee will pay a fee for each badge and a replacement fee for each lost badge. Lessee must notify the Aviation Director immediately after an employee is terminated or loses a badge. 4. USE OF PREMISES 4.1 Lessee must use the Premises for The following activities and uses are expressly excluded from this Lease and Lessee is prohibited from any such use or activity: 1. Ground Transportation for hire. Lessee may provide ground transportation for its employees as a service; however, said service may not be offered to the general public on a commercial basis. 2. Automobile Rental Service. 3. News and sundry sales. 4. Advertising concessions except for those that may be conducted within buildings located on Lessee's Premises. 5 The sale of food or drink, except from dispensing machines located within buildings located on Lessee's Premises. 6. Commercially engaging in the business of making reservations for hotels, motels and other lodging. 7. Sale or transfer of fuel. 8. Aircraft or avionics sales, installation, or repair, except on Lessee's owned or leased aircraft is allowed. 9. For profit charter flights. 10. Flight or ground instruction, except for Lessee's employees or agents is allowed. 4.2 Hazardous Substances. Lessee covenants to comply with all environmental laws, rules, regulations, orders, and permits applicable to Lessee's operations on or in the vicinity of the Airport, including but not limited to required National Pollutant Discharge Elimination System Permits and all applicable laws relating to the use, storage, generation, treatment, transportation, or disposal of hazardous or regulated substances. Except for the Hazardous Substances governed by and transported in full compliance with the transportation laws of the state or federal government, Lessee must not knowingly use, store, generate, treat, 11 transport, or dispose of any hazardous or regulated substances or waste on or near the Airport without the Aviation Director's prior written approval and without first obtaining all required permits and approvals from all authorities having jurisdiction over Lessee's operations on or near the Airport. If Lessee determines that a threat to the environment, including but not limited to a release, discharge, spill, or deposit of a hazardous or regulated substance, has occurred or is occurring which affects or threatens to affect the Airport, or the persons, structures, equipment, or other property thereon, Lessee must immediately verbally notify, (1) the Airport's Public Safety Office at (361) 289- 0171 ext. 0 and (2) all emergency response centers and environmental or regulatory agencies, as required by law or regulation. Lessee must provide Aviation Director with written confirmation of the verbal report within 72 hours. Lessee agrees to cooperate fully with the Airport in promptly responding to, reporting, and remedying a threat to the environment, including without limitation a release or threat of release of hazardous or regulated substance into the drainage systems, soils, ground water, waters, or atmosphere, in accordance with applicable law or as authorized or approved by any federal, state, or local agency having authority over environmental matters. Lessee must keep a readily accessible file of Materials Safety Data Sheets (MSDS) for each Hazardous Substance transported, in accordance with federal and state transportation laws, which file must be posted and immediately available to any Airport or City employee who responds to the scene (Premises) in the event of an accidental discharge of a Hazardous Substance. Lessee's employees must try to determine which Hazardous Substance was accidently discharged and have that MSDS sheet available for the first responders to the scene. Lessee must undertake all required remediation and pay all costs associated with Lessee's action or inaction that directly or indirectly causes the Airport to fail to materially conform to all then applicable environmental laws, rules, regulations, orders, or permits. The rights and obligations set forth in this Section 4.2 survive termination of this Lease. 4.3 Exclusive Control. Lessee shall have exclusive control, possession, occupancy, use, and management of the Premises. Lessee shall have the exclusive right to install signage on or at the Premises, or to transfer the right to install such signage during the Lease Term to one or more third parties, which is in compliance with all laws and ordinances and meet the standards for signage established by the Aviation Director. Lessee may enter into, terminate, modify, amend, or waive any existing or future contracts relating to management or operation of the Premises and provision of services to the Premises. Any such contracts shall automatically expire on the Expiration Date of this Lease. 4.4 Non - exclusive right to use Air field. Lessee has a non - exclusive right to use the public areas and public airport facilities including the runways, taxiways, aprons, 12 ramps and navigational aids, and facilities, in accordance with the applicable federal, state, and local laws, rules, and regulations. 5. CONDITION OF PROPERTY; MAINTENANCE, REPAIRS AND IMPROVEMENTS 5.1 Existing Conditions. Lessee accepts the Premises in its condition as of the execution of the Lease, subject to all recorded matters, laws, ordinances, and governmental regulations and orders. Except as provided in the Lease, Lessee acknowledges that neither City nor any agent of City has made any representation as to the condition of the Premises or the suitability of the Premises for Lessee's intended use. 5.2 Exemption of City from Liability. City shall not be liable for any damage or injury to the person, business (or any loss of income therefrom), goods, wares, merchandise or other property of Lessee, Lessee's employees, invitees, customers or any other person in or about the Premises, whether such damage or injury is caused by or results from: (a) fire, steam, electricity, water, gas or rain; (b) the breakage, leakage, obstruction or other defects of pipes, sprinklers, wires, appliances, Improvements or any other cause; or (c) conditions arising in or about the Premises, or from other sources or places. City shall not be liable for any such damage or injury even though the cause of or the means of repairing such damage or injury are not accessible to Lessee. The provisions of this Section shall not, however, exempt City and/or City's agents or employees from liability for City's negligence or misconduct. 5.3 Lessee's Obligations. 5.3.1 Maintenance. Except as provided in Section 11.5, Lessee shall keep all portions of the Premises (including structural, nonstructural, interior, exterior, and landscaped areas, portions, systems and equipment) in good order, condition and repair (including interior repainting and refinishing, as needed) as suited to its use, excluding ordinary wear, tear, casualty, condemnation, depreciation and physical, technological and/or economic obsolescence. Lessee's obligations shall extend to both structural and non - structural items, and to all maintenance, repair and replacement work, including but not limited to unforeseen and extraordinary items (subject to the limitations set forth above). 5.3.2 Compliance with Laws. Lessee shall, at its own cost and expense, promptly observe and keep all laws, rules, orders, ordinances and regulations of the federal, state and city governments and any and all of their departments and bureaus and those of any other competent authority applicable to the Premises, (the "Legal Requirements ") whether or not such Legal Requirements affect the interior or exterior of the 13 Improvements, necessitate structural changes or improvements, or interfere with the use and enjoyment of the Premises, and whether or not compliance with the Legal Requirements is required by reason of any condition, event, or circumstance existing before or after the Lease Term commences; and shall promptly comply with all laws, rules, orders, regulations and requirements of the issuer(s) of the insurance policy(ies) contemplated in Section 13, and will use no part of Premises for any unlawful purposes. If, however, the Lessee in good faith, shall desire to contest any laws, rules, orders, ordinances or regulations of the federal, state, city or other competent authority requiring repairs, alterations or changes in the Premises or in any building at any time situated thereon, Lessee shall not be required to make such repairs, alterations, or changes so long as Lessee shall, in good faith, at Lessee's own expense, contest the same or the validity thereof by appropriate proceedings, and any such delay of the Lessee in complying with any such laws, rules, orders, ordinances and regulations until final determination of such disputed matter shall not be deemed a default in the conditions of the Lease; City will not unreasonably withhold, condition or delay its consent to execute such instruments, and give Lessee such assistance in connection with such contest as shall be necessary, reasonable and proper at no cost or expense to City; however, Lessee's time to comply hereunder shall not be so extended if City shall be threatened with fine or imprisonment. Lessee shall hold City harmless of all costs, expenses, liabilities, losses, damages, fines, penalties, claims and demands, including reasonable counsel fees, that may in any manner arise out of or be imposed because of the failure of the Lessee to comply with any law, rule, order, ordinance or regulation as aforesaid. Nothing contained in this Section or elsewhere in the Lease will be deemed or construed as requiring the Lessee or any sublessee, under any circumstance, to open or continuously operate within the Improvements or otherwise on the Premises at any particular time or date or for any particular period during the Lease Term, and to the extent that the Improvements are not occupied at any particular time during the Lease Term, then the legal requirements applicable to the Improvements will be those legal requirements that are applicable in circumstances where such premises are not occupied; however, but upon any occupancy of the Improvements, either initially or after any period of vacancy, the legal requirements applicable to an occupied facility will be applicable to the Lessee's obligations hereunder. 5.3.3 Utilities and Trash Disposal. Lessee shall pay when due and payable, directly to the appropriate supplier, the cost of all natural gas, heat, light, power, sewer service, telephone, water, trash disposal and other utilities and services supplied to the Premises. Lessee must arrange for the collection and lawful disposal of all trash and other refuse resulting from its operation of the Premises. Lessee must provide and use suitable sealed fireproof receptacles approved by the Aviation Director for all trash and 14 other refuse generated by Lessee's use of the Premises. Piling of boxes, cartons, barrels or other similar items in, or within view from, a public area is not permitted. Lessee must comply with all applicable laws and regulations relative to trash disposal. 5.3.4 Communications Equipment. Subject to the Aviation Director's prior written approval as to height and location, which will not be unreasonably withheld, Lessee may furnish and install, at its own expense, a radio antenna on the roof of the building on the Premises, subject to (a) any and all zoning and other regulatory laws, ordinances, statutes, rules, regulations and orders applicable thereto, (b) Lessee obtaining any and all building and other permits, licenses and other approvals with respect thereto, (c) the antenna and building both must be structurally sound and not adversely effect the soundness of and/or the condition of the roof and/or other parts of the building; and (d) any and all costs of maintaining and operating the same must be paid entirely by Lessee. Upon the expiration or termination of this Lease, Lessee shall remove said antenna(s) and restore any damage to the roof and/or building and Premises caused by the installation and/or removal thereof. Lessee must pay for all costs for the repair and maintenance of said installation of the antenna. Lessee agrees to have installed radio equipment of the type and frequency which will not cause measurable interference to the equipment of City or other lessees of the Airport existing as of the date this Lease is executed by the Parties. In the event Lessee's equipment causes such interference, and after City has notified Lessee of such interference, Lessee will take all steps necessary to correct and eliminate the interference within forty -eight (48) hours; provided, however, Lessee agrees to begin to take action (whether planning, administrative, physical or other action) to correct and eliminate such interference within twenty -four (24) hours of such notice from City. To the extent Lessee is unable to cure the interference within this timeframe, Lessee shall voluntarily power down the equipment causing the interference except for intermittent testing until such time as the interference is remedied. If after thirty (30) days Lessee is unable to cure the interference despite its good faith efforts, it will remove the equipment which caused the interference, or at its option, terminate this Lease. City agrees that City and any other tenant of the Property who in the future takes possession of the Property, or who does not currently have the right to install radio equipment under its respective lease, will be permitted to install only such radio equipment that is of the type and frequency which will not cause measurable interference to the existing equipment of Lessee. The Parties acknowledge that there will not be any adequate remedy at law for noncompliance with the provisions of this paragraph and therefore either Party shall have the right to specifically enforce the provisions of this paragraph in a court of competent jurisdiction. 15 5.3.5 Lessee's Sole Expense. Lessee shall fulfill all of Lessee's obligations under this Section 5 at Lessee's sole expense. If Lessee fails to maintain, repair or replace any element of the Premises to the condition required hereunder within sixty (60) days of written notice from City, Lessee shall be deemed to be in Default of its obligations under this Section 5.3. 5.3.6 Indemnity. Except for the negligence or willful misconduct of City, Lessee shall indemnify, defend and hold City harmless from and against any and all liability, claim, loss, cost, expense, damage (including reasonable attorneys' fees and consultants fees), lien, judgment or penalty arising in any manner whatsoever out of, involving, or in connection with, the use and /or occupancy of the Premises by Lessee and /or its subtenants or any one else claiming by or through Lessee. 5.4 Improvements. All plans and specifications for Lessee's Improvements, including all renovations, remodeling, refurbishing, signage, and construction upon the Premises, must meet all City fire, building and other applicable city, state and federal regulations and code requirements, including obtaining required building permits and FAA Aeronautical Study in accordance with federal regulations if applicable. Lessee, at its expense, shall obtain all licenses and permits required prior to all renovations, remodeling, refurbishing, or construction on the Premises. The costs of developing all plans and specifications as provided herein and the construction of improvements and facilities upon the Premises must be paid solely by Lessee, without any cost or expense to City whatsoever. The plans and specifications, including the architectural design, color, building material, signage, and landscaping of Lessee's improvements must be approved by the Aviation Director, which approval will not be unreasonably withheld. No substantial changes or alterations must be made to said plans or specifications after initial approval by Aviation Director without further written approval by Aviation Director, which approval will not be unreasonably withheld. Lessee covenants that all construction, including all workmanship and materials, will be of first -class quality and will be in accordance with the plans and specifications to be attached hereto as Exhibit "C" "Plans and Specifications" as approved by the Aviation Director. As used herein, the term "first -class quality" means of the same quality as buildings used or to be used for the same or similar purposes already constructed on the Airport. Upon final completion and acceptance of the Improvements by Lessee, Lessee must provide two sets of Mylar "as- built" plans and one electronic I6 copy of the record documents to Aviation Director, who will keep one set of plans on file at the Airport and provide the other set to the City Secretary for incorporation into the Lease as Exhibit "C ". Exhibit "C" becomes effective upon filing with the City Secretary and subsequent attachment to the Lease. Lessee must keep said documents current, by providing two sets of Mylar "as- built" plans and one electronic copy of all record documents showing any alteration in excess of $25,000 to the Premises during the term of the Lease to Aviation Director, to be attached to the Lease in the same mariner as provided for the original plans and specifications. During the construction of Improvements, Aviation Director may, after providing reasonable notice to Lessee, enter upon the Premises during City's normal business hours and make inspections as may be necessary to ensure that the construction of Improvements is performed in accordance with the requirements of the Lease. Initial Improvements for construction must begin within one (1) year of the execution of the Lease and be completed within two (2) years from the execution of the Lease. During the Lease, Lessee shall (subject to the other terms and conditions of the Lease) have the continuing right to remodel, renovate and refurbish the Premises, or any part thereof, and to build and construct new additions and improvements thereon and thereto, provided; however, that Lessee has obtained the prior consent of the Federal Aviation Administration (FAA) and the written consent of Aviation Director, whose consent to the modifications will not be unreasonably withheld. All alterations, additions, and Improvements to the Premises shall be done in a good and workmanlike manner, in conformity with all applicable laws and regulations. Lessee and assignees and sublessees, must include in all construction contracts entered into, a provision requiring the contractor, or, in the alternative, Lessee, to indemnify, hold harmless, defend and insure the City, including its officers, agents, and employees, against the risk of legal liability for death, injury or damage to persons or property, direct or consequential, arising or alleged to arise out of, or in connection with, the performance of any or all of such construction work, whether the claims and demands made are just or unjust, unless same are caused by the gross negligence or willful act of the City, its officers, agents, or employees. Lessee must furnish, or require the contractor to furnish, insurance, as required in Section 13 herein. Lessee must include in all construction contracts, or subcontracts, all provisions required by the Director relating to the operations of the 17 contractor on the Airport. For any work in excess of $25,000 to be performed by Lessee or the contractor, such provisions must include: 1. Payment Bond: A payment bond in the amount of One Hundred Percent (100 %) of the contract shall be furnished for the protection of all persons, firms, and corporations who may furnish materials or perform labor. The Payment Bond shall list the City as an obligee. 2. Performance Bond: A performance bond in the amount of One Hundred Percent (100 %) of the contract shall be furnished covering the faithful performance of the contract. The performance bond shall list the City as an obligee. Lessee shall pay when due all claims for labor and material furnished on or about the Premises or in connection with the Improvements. Lessee shall have no power to do any act or to make any contract that may create or be the foundation for any lien, mortgage, or other encumbrance on the reversion or other estate of City or that would be prior to any interest of City in the Premises, except that Lessee (or a Sublessee) shall have the right, in the ordinary course of business, to finance purchases of FF &E (as defined in Section 2.4) by providing a first lien on such items, so long as any FF &E so liened can be safely removed as provided in Section 2.4. Lessee shall not suffer or permit any liens to attach to the interest of Lessee in all or any part of the Premises by reason of any work, labor, services, or materials done for, or supplied to, or claimed to have been done for or supplied to Lessee or anyone occupying or holding an interest in all or any part of the Improvements on the Premises through or under Lessee. If any mechanic's, construction or other liens or orders for the payment of money shall be filed against the Premises or any Improvements thereon by reason of, or arising out of any labor or material furnished to, or for the Lessee at the Premises or for or by reason of any change, alteration or addition, by Lessee, or the cost or expense thereof, or any contract relating thereto, or against the City as leased fee owner thereof by reason of Lessee's work or contract relating thereto, then within sixty (60) days, the Lessee shall cause the same to be canceled and discharged of record, by bond or otherwise, at the election and expense of the Lessee, and shall also defend on behalf of City, at Lessee's sole cost and expense, any action, suit or proceeding which may be brought thereon or for the enforcement of such lien, liens or orders, and the Lessee will pay any damages and discharge any judgment entered therein and hold the City harmless from any loss, claim or damage resulting therefrom, including reasonable attorney's fees. Nothing in the Lease shall be deemed to be, or be construed in any way as constituting, , the consent or request of City, express or implied, by 18 inference or otherwise, to any person, firm, or entity for the performance of any labor or the furnishing of any materials for any construction, rebuilding, alteration, or repair of or to the Premises or to the Improvements, or as giving Lessee any right, power, or authority to contract for or permit the rendering of any services or the furnishing of any materials that might in any way give rise to the right to file any lien against City's interest in the Premises or against City's interest, if any, in the Improvements. Lessee is not intended to be an agent of City for the construction of Improvements on the Premises. City shall have the right to post and keep posted at all reasonable times on the Premises and on the Improvements any notices that City may reasonably wish to post for the protection of City and of the Premises and of the Improvements from any such lien. The foregoing shall not be construed to diminish or vitiate any rights of Lessee in the Lease to construct, alter, or add to the Improvements. 5.5 Ownership of Improvements During Term. During the Lease Term, title to any and all Improvements, including, without limitation, buildings, parking areas, drives, walkways, landscape improvements and infrastructure improvements such as roadways, utilities, mains and lines, curbs and drainage facilities, which are constructed, installed, or erected on the Premises by Lessee during the Lease Term shall vest in Lessee (unless any such improvements are dedicated to the local municipality or applicable utility service provider) or attached and/or affixed to any building by Lessee, shall remain with Lessee during the Lease Term or until the Expiration Date or earlier termination or cancellation of this Lease and shall thereupon automatically vest in City as provided in Section 2.4, above. Notwithstanding the foregoing, title to any and all FF &E (as defined in Section 2.4, above) belonging to the Lessee or any sublessee, shall keep and retain their character as personal property, shall not be deemed to be a part of the Leasehold Estate, and shall be and remain the property of the Lessee or its sublessee, as applicable, during the Lease Term and thereafter, following the Expiration Date. 6. CITY'S OBLIGATIONS 6.1 To operate Corpus Christi International Airport as a public airport during this Lease subject to the assurances related to airport operation given by the City to the United States Government. 6.2. To make water, gas, and wastewater service available to the Premises lease line upon the same basis as applies to businesses on the Airport. Lessee must pay for any costs associated with extending utility services from the Premises lease line to areas within the Premises. 19 7. ASSIGNMENT AND SUBLETTING 7.1. City's Consent Not Required for Sublease. City acknowledges that Lessee does not intend to occupy the Premises and the Premises will be subleased to the USCG. Notwithstanding anything to the contrary in this Lease, Lessee shall have the right, without the prior consent of City, to sublease the Premises under the terms and conditions of a sublease, negotiated and entered into solely by Lessee and the USCG. As such, Lessee may sublease the Premises without City's prior consent. 7.2. Assignment. This Lease may be assigned to Lessee's principal, affiliates, or subsidiaries of it's principals without the written consent of City. For all other assignments, the written consent of the City must be obtained, but City's consent thereto shall not be unreasonably withheld. Upon approval of the assignment by the City, together with a copy of the document effectuating such assignment, the Lessee shall be released from all terms, conditions and obligations under the Lease. 8. GOVERNMENT STIPULATIONS 8.1. Right to Amend. If the FAA, or its successors, requires modifications or changes in this Lease as a condition precedent to granting funds for Airport improvements, Lessee agrees to consent to the amendments, modifications, or changes of this Lease as may be reasonably required to obtain the funds; provided, however, that Lessee will not be required to pay increased rent or change the use of the Premises or accept a relocation or reduction in size of the Premises until Lessee and the City have fully executed an amendment to this Lease that is mutually satisfactory to all parties for any terms or conditions of this Lease affected by such actions or the Lease is terminated. 8.2. Subordination to U.S./FAA requirements. This Lease is subordinate to the provisions of any existing or future agreement between City and the United States relating to operating or maintaining the Airport, the execution of which has been or may be required as a condition to the expenditure of federal funds for the development of the Airport. If the effect of such agreement with the United States is to take any of the Premises under this Lease out from the control of City, then City must provide adequate Premises to Lessee or terminate this Lease. 9. AIRCRAFT OPERATING AREA Lessee and its respective contractors, suppliers of materials and furnishers of services, employees, agents, and business invitees, must comply with all present and future laws, rules, regulations, or ordinances promulgated by the City, the Airport, the Transportation 20 Security Administration (TSA), the FAA, and other governmental agencies to protect the security and integrity of the Aircraft Operating Area ( "AOA "), as defined by the Airport and the FAA, and to protect against access to the AOA by unauthorized persons. Subject to the approval of Aviation Director, Lessee must adopt procedures to control and limit access to the AOA by Lessee and its respective contractors, suppliers of materials and furnishers of services, employees, and business invitees in accordance with all present and future Airport, TSA and FAA laws, rules, regulations, and ordinances. Physical barriers to prevent access to the AOA must be in effect during the construction of Improvements upon the Premises. Lessee further agrees to indemnify, hold harmless, defend and insure the City, its officers, agents, and employees against the risk of legal liability for death, injury, or damage to persons or property, direct or consequential, arising from entry of persons into the AOA where permitted, allowed or otherwise made possible by Lessee, its assignees and their respective contractors, suppliers of materials and furnishers of services, employees, business invitees, agents, or any person under the direction of Lessee in violation of City, Airport, TSA, and FAA laws, rules, regulations, or ordinances or Lessee's approved procedures for controlling access to the AOA. Lessee must obtain employee identification badges for all personnel authorized by Lessee to have access to the AOA in accordance with the provisions of Federal Aviation Regulations (FAR), 49 CFR Part 1542, and other laws, rules, regulations and ordinances. Lessee must pay all FAA and TSA fines associated with security breaches /infractions by Lessee's agents, officers, business invitees, and employees in the AOA, regardless of whether the fine is assessed to City, Airport, or Lessee or its assignees, and its or their respective agents, officers, business invitees, or employees as set out in the City Code of Ordinances, Sec. 9 -32. 9.1. Movement into Aircraft Operations Area ( "AOA "). Lessee will have access to the Airport, subject to compliance with all applicable FAA, TSA, and Airport security procedures. Movement of all aircraft and persons from the Premises into the AOA and from the AOA into the Premises must be cleared in accordance with Airport, TSA, and FAA rules and regulations. Lessee is primarily responsible for opening and closing any security gates and doors permitting access to /from the Premises from/to the AOA. 9.2. Vehicles in AOA. No vehicles owned or operated by Lessee may operate within the Movement or Non- Movement Areas of the AOA except those in compliance with TSA, FAA, and Airport regulations. See site plan illustrating said AOA, attached and incorporated as Exhibit "D "( "Aircraft Operating Area "). 9.3. Airport Certification. Lessee must comply with rules that are applicable to its operations on the Airport under the Airport Certification Rules of the FAR, 14 21 CFR Part 139, as amended. Copies of the FAR are available in the office of Aviation Director. 9.4. Airport Security. Lessee, its officers, employees, invitees, agents, contractors, and guests must comply with all federal and local Airport Security Regulations adopted by City pursuant to 14 CFR Part 1540, as the same may be amended. Lessee covenants to indemnify and hold harmless City, its officers and employees from any charges, fines, or penalties that may be assessed or levied by the FAA or TSA by reason of the negligent or intentional failure of Lessee, its officers, employees, invitees, agents, contractors, or guests to comply with Airport Security Regulations, regardless of whether Lessee, City, or Airport has said fine, charge, or penalty levied against it. 9.5 14 CFR Part 77 Requirements. Lessee covenants to comply with the notification and review requirements set out in Part 77 of the Federal Aviation Regulations [14 CFR Part 77], as amended, if Lessee plans to construct or modify any present or current structure, antenna, or building located on the Premises. Copies of the FAR are available in the office of Aviation Director. 9.6. Control of Structures. Lessee shall not erect nor permit the erection of any structure, antenna, or building, nor permit the growth of any tree on the Premises, which has its highest point above a mean sea level elevation established by FAA and City as a height limitation on said structure, antenna, building, or object. City may enter the Premises and remove the encroaching structure, antenna, building, or object at Lessee's expense plus 20% overhead. 9.7. Aerial Approaches. City Manager may take any action necessary to protect the Airport's aerial approaches against obstruction, including the right to prevent Lessee from erecting or permitting to be erected, any building, or structure on or adjacent to the Airport, which in Aviation Director's opinion, would limit the usefulness of the Airport or constitute a hazard to aircraft. 9.8. Right to Overflight. City hereby reserves, for the use and benefit of the public, a right of flight for the passage of aircraft above the surface of the Premises together with the right to cause in the airspace, noise as may be inherent in the operation of aircraft, now known or hereafter used for navigation thereof or flight in the air, using the airspace for landing at, or taking off from, or operating on, the Airport. 10. NONDISCRIMINATION /AFFIRMATIVE ACTION. 10.1 Nondiscrimination — general. Lessee for itself, its personal representatives, successors in interest, and assigns, as a part of the consideration hereof, covenants that: (1) no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from 22 participation in, denied the benefits of, or otherwise be subjected to discrimination in the use of the Premises; (2) in the construction of any improvements on, over, or under the Premises and the furnishing of services thereon, no person on the grounds of race, color, religion, sex, age, national origin, handicap, or political belief or affiliation will be excluded from participation in, denied the benefits of, or otherwise be subject to discrimination; (3) Lessee will use the Premises in compliance with all other requirements imposed by or pursuant to 14 CFR Part 152, Subpart E Non Discrimination in Airport Aid Program and Title VI of the Civil Rights Act of 1964 and 49 CFR, Subtitle A, Part 21, Nondiscrimination in Federally Assisted Programs of the Department of Transportation, and as said Title and Regulations may be amended, and with other applicable state or federal laws or regulations, as amended. 10.2 Nondiscrimination - Business Owner. This Lease is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 23. Lessee agrees that it will not discriminate against any business owner because of the owner's race, color, national origin, or sex in connection with the award of performance or any concession agreement, management contract or subcontract, purchase or lease agreement, or other agreement covered by 49 CFR Part 23. 10.3 Remedy for Breach. If Lessee breaches a non - discrimination covenant, City may immediately reenter the Premises; and the Premises and all Lessee's interest therein reverts to City and its assigns. This provision is not effective until the procedures of Title 49, Code of Federal Regulations, Part 21 are completed, including exercise or expiration of appeal rights. 10.4 Affirmative Action. Lessee assures that it will undertake an affirmative action program as required by 14 CFR Part 152, Subpart E, to insure that no person on the grounds of race, creed, color, religion, sex, age, national origin, handicap, or political belief or affiliation is excluded from participating in any employment activities covered in 14 CFR Part 152, Subpart E. Lessee assures that no person will be excluded on these grounds from participating in or receiving the services or benefits of any program or activity covered by that Subpart. Lessee further agrees to require its covered sub - organizations to provide similar assurances to Lessee to undertake affirmative action programs and to require assurances from their sub - organizations, as required by 14 CFR Part 152, Subpart E. Lessee at its expense will comply with any applicable requirements of the Americans with Disabilities (ADA) as it may be amended. 10.5. Disadvantaged Business Enterprises (DBE). This Lease is subject to the requirements of the U.S. Department of Transportation's regulations, 49 CFR Part 26. It is the City's policy that DBEs have the maximum practicable opportunity to be awarded Airport contracts. Lessee agrees to use good faith efforts to promote this policy through its Lease at the Airport. Additionally, Lessee, as an Equal Opportunity Employer, agrees to use good faith efforts to provide maximum opportunity for the consideration and use of DBEs in the contracting, 23 subcontracting and purchasing activities associated with this Lease and to abide by all applicable provisions of the Airport's DBE approved Program and this Lease. Lessee further agrees that no person will be excluded from participation in, denied the benefits of, or otherwise be discriminated against in connection with the award and performance of any Airport contract because of race, color, religion, national origin, sex, age, handicap, or political belief or affiliation, and as more specifically provided in Section 10 hereof. 11. CANCELLATION - TERMINATION. 11.1. Cancellation by Lessee. Without limiting any other rights and remedies to which Lessee may be entitled by common law, statutory law, or as elsewhere provided in this Lease, this Lease may be canceled by Lessee at any time after the happening, and during the existence, of one or more of the following events: 1. The permanent abandonment of the Airport; 2. The lawful assumption by the United States Government, or any authorized agency thereof, of the operation, control, or use of the Airport, or any substantial part or parts thereof, that substantially restricts Lessee from operating for at least 150 days; 3. The issuance by any court of competent jurisdiction of an injunction that prevents or restrains the use of the Airport, that continues for at least 150 days; or 4. The default by the City in the performance of any covenant and the failure of the City to remedy the default for 60 days after receipt from Lessee of written notice to remedy the same. 11.2. Termination by the City. Without limiting any other rights and remedies to which the City may be entitled at common law, statutory law, or as elsewhere provided in this Lease, this Lease may be terminated by the City if Lessee: 1. Is in arrears in paying a part of the rent, fees, or charge for ten (10) business days ( "business" days are Monday through Friday), or such other time as may be provided herein. The ten business days commence on deemed receipt of written notice from the Aviation Director to Lessee of the default. 2. Makes a general assignment for the benefit of creditors; 3. Abandons the Premises or any part thereof, 4. Files a voluntary petition in bankruptcy; 5. Defaults on indebtedness to any Lender with a security interest on any of Lessee's personal property at the Premises; 6. Otherwise defaults in the performance of any of Lessee's covenants, and continues the default for 30 days, or such other time as may be provided herein, after receipt of written notice from the Aviation Director of the default. If the default is such that it cannot be cured within 30 days or 24 such other times may be set out in the notice of default, Lessee is deemed to have cured the default if it within the applicable period commences performance and thereafter diligently prosecutes the same to completion. 11.3. City's Right of Entry Upon Termination. If the City terminates the Lease or if Lessee abandons the Premises, the City may enter upon the Premises. In the event of termination by the City, Lessee hereby irrevocably appoints the City Manager its agent to remove any and all persons or property from the Premises and place any property in storage for the account of and at expense of Lessee. Except for Personal Property belonging to USCG and any other governmental entities occupying the Premises, all property on the Premises is hereby subjected to a contractual landlords lien to secure payment of delinquent rent and other sums due and unpaid under this Lease, any and all exemption laws are hereby expressly waived in favor of such landlords lien; and it is agreed that such landlord's lien is not a waiver of any statutory or other lien given or which may be given to the City but is in addition thereto. Lessee agrees that if it defaults the City Manager may, on thirty (30) days prior written notice, sell Lessee's property found on the Premises at a public or private sale with proceeds of the sale applied first to the cost of the sale, then to the cost of storage of the property, if any, and then to the indebtedness of Lessee, with the surplus, if any, to be mailed to Lessee at the address herein designated. If City terminates and reenters the Premises, the City may relet the Premises and if a sufficient sum is not realized, after paying expenses of the reletting, to pay the rent and other sums agreed to be paid by Lessee, Lessee agrees to pay any deficiency within thirty (30) days of Aviation Director's written demand therefor, including itemized breakdown of all costs related thereto. Lessee further agrees to hold harmless from and indemnify the City including its officers, agents, and employees against any loss or damage or claim arising out of the City's action in collecting monies owed it under this paragraph, except for any loss, damage, or claim caused by the negligence or willful misconduct of the City or its employees. 11.4. Notice of Termination. If an event of default occurs, and after due notice the defaulting party has failed to cure, the complaining party may at any time after the expiration of any cure period, and if the default has not been cured, terminate this Lease by notice in writing. The Lease will be terminated on the date specified in the notice but not less than five (5) business days from mailing the notice. Rental payments are payable only to the date of termination. 11.5. Partial Destruction. If the Premises or Lessee's improvements or the Airport facilities reasonably necessary to operate Lessee's business are partially damaged - due to acts of God or other acts outside the control of Lessee or City - to the extent that Lessee cannot use the Premises as a then, this Lease may be terminated or suspended until the damage is repaired. If the Lease 25 is terminated as provided for herein, the rent will be abated from the date of the casualty. Provided, however, that Lessee must use its insurance proceeds to either replace the Improvements or remove all trace of the Improvements and take the Premises back down to raw land. All remaining insurance proceeds will be paid to Lessee. The City Manager is the sole judge of the extent of damage to the Airport and may terminate or suspend the Lease until the damage is repaired. If Lessee's Premises or Improvements are damaged the City may terminate or suspend the Lease, and if suspended set a time period for Lessee to repair the damages to the Premises or Improvements. 12. INDEMNIFICATION. 12.1. GENERAL -- Lessee must indemnify, hold harmless, defend and insure the City of Corpus Christi, its officers, agents, and employees from and against any and all claims and causes of action, administrative proceedings, judgments, penalties, fines, damages, losses, demands, liabilities, or expenses whatsoever (including reasonable attorney's fees and costs of litigation, mediation and/or administrative proceedings) which may be brought, alleged, or imposed against the City, its officers, agents, or employees arising directly or indirectly from or in any way connected with (i) any property damage or loss, personal injury, including death, or adverse effect on the environment arising out of Lessee's action or inaction with regard to the operations of Lessee hereunder, including the use or occupancy of the Premises, or in providing access to secured areas of the Airport as set out herein, excepting only such liability as may result from the gross negligence of the City, including its officers, agents, and employees; (ii) the failure of Lessee, its agents or employees, to comply with the terms and conditions of this Lease, or to comply with any applicable federal, state, or local laws, rules, regulations, or orders including, but not limited to, any and all federal, state, or local environmental laws, rules, regulations, or orders; or (iii) release of any hazardous or regulated substances or waste onto, into, or from the Premises or other Airport property, connected in any way with Lessee's operations or the action or inaction of Lessee, its agents or employees, regardless of whether the act, omission, event, or circumstance constituted a violation of applicable law at the time of the occurrence. The rights and obligations set forth in this Paragraph shall survive the termination of this Lease. 12.2. SPECIAL CLAIMS -- Lessee agrees to defend, at its own cost, and to protect, indemnify, and otherwise hold harmless, the City, including its officers, agents, and employees (including but not restricted• to the posting of bond and release of 26 attachment) from and against any and all claims in any way arising out of or in connection with the construction, repair, or maintenance work undertaken hereunder by, through or on behalf of Lessee or its sublessees, or arising out of or in connection with the operations performed under this Lease, including but not restricted to attachments, liens or levies, and whether or not the claim is meritorious, made, failed or asserted by any party other than Lessee against the City, including its officers, agents, and employees or the Premises or improvements thereon or part thereof, or monies owing to the Airport. 12.3. NOTICE -- Notwithstanding the above indemnifications, Lessee must give the Aviation Director notice of any matter covered hereby and forward to the Aviation Director copies of every demand, notice, summons, or other process received in any claim or legal proceeding covered hereby within 10 working days of Lessee's receipt of said notice, demand, summons, etc. 12.4. INDEMNITY WAIVER -- Lessee, if a charitable association, corporation, entity, or individual enterprise having or claiming an immunity or exemption (statutory or otherwise) from and against liability for damage or injury to property or persons, hereby expressly waives its right to plead defensively the immunity or exemption as against the City, including its officers, agents, or employees, as the case may be. 13. INSURANCE. Lessee must provide insurance in the amounts and types of coverages required by the City's Risk Manager, a copy of which is attached and incorporated as Exhibit "E" ( "Insurance Requirements "). Lessee's insurance company(ies) must provide the Aviation Director and the Risk Manager certificate(s) of insurance thirty (30) days prior to the expiration date of the insurance coverage, which shows the Ievel and type of insurance. Lessee's insurance company(ies) must provide the Aviation Director thirty (30) days written notice, by certified mail, prior to cancellation, non - renewal, or material change in the insurance policy(ies). The City's Risk Manager may annually assess the level and types of insurance required by the Lease. The Risk Manager can increase or decrease the level or types of insurance by giving Lessee notice no less than sixty (60) days prior to the annual anniversary date of the Effective Date of the Lease; however, such increase or decrease of the level or type of insurance must be comparable with, and no greater than, the minimal levels or types of insurance of other tenants with similar activities on the Airport. Lessee has thirty (30) days to procure the changed insurance and provide written proof of insurance to the Aviation Director. All insurance required by this Lease must be primary insurance, and not in excess of or contributing with other insurance which the Lessee may carry. Liability policies must name City as an additional insured or property related policies shall name the City as loss 27 payee. A blanket waiver of subrogation is required for workers compensation coverage. The Lessee's insurance policies as required by this Lease must apply separately to City, as if separate policies had been issued to Lessee and City. The amounts of all required insurance policies must not be deemed a limitation of Lessee's covenant to indemnify the City, and if Lessee or City becomes liable in an amount in excess of the amount(s) of such policies, then the Lessee must indemnify the City from the whole thereof, except in the event of grossly negligence or willful misconduct on the part of City, its officers, agents, or employees. 14. NOTICE. Notices are sufficient if in writing and sent by certified mail, return receipt requested, postage prepaid, or by overnight delivery service, or by facsimile as addressed below: If to City: If to Lessee: Aviation Director Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 ph: (361) 289 -0171 ph: fax: (361) 289 -0251 fax: If to Sublessee: ph: fax: or to such other address as may be designated in writing from time to time. All notices sent by certified mail are deemed received on the third business day after mailing. All notices sent by overnight delivery are deemed received on the next business day after being sent. All notices sent by facsimile are deemed received the day sent. Any party may change its address by giving notice to all other parties as set out herein. 15. LEASEHOLD MORTGAGE. As used herein, "Leasehold Mortgage" means the mortgage or deed of trust covering Lessee's leasehold interest in this Lease given by Lessee to a Leasehold Mortgagee to 28 secure repayment of funds advanced or to be advanced by a Leasehold Mortgagee to Lessee to construct the on the Premises (the "Project "). As used herein, "Leasehold Mortgagee" means the mortgagee or beneficiary under the Leasehold Mortgage. As used herein, "mortgage" means any mortgage, deed of trust, or other indenture consisting of a lien on Lessee's leasehold interest created hereunder, together with a promissory note or obligation or bond which it secures. Subject to the conditions set forth herein, Lessee may mortgage its leasehold interest created hereunder, solely for the purpose of (1) obtaining financing to construct the Project, including any additional construction or alteration thereof made subsequent to the initial construction, (2) refinancing such construction mortgage, and (3) providing financing in connection with the assignment or transfer by Lessee of its interest in this Lease and its leasehold interest created hereunder, provided, however, that, with respect to the financing described in clauses (2) and (3) above, the principal amount of any such mortgage must not be greater than the original principal amount of the mortgage obtained to construct the Project, including any additional construction or alteration thereof made subsequent to the initial construction and provided: a. Such mortgage in no way affects or diminishes City's interest in the Premises, or its rights under this Agreement, nor relieves Lessee of any of its obligations hereunder; b. Under no circumstances is City's leasehold interest in the Premises subordinate to such mortgage; c. Such mortgage covers no interests in any real property other than Lessee's leasehold interest in the Premises hereunder; and d. The making of such a mortgage by Lessee will not be deemed to constitute an assignment or transfer of this Lease, nor will any mortgagee, as such, be deemed an assignee or transferee of this Lease. e. Rights of Leasehold Mortgagees. i. No Leasehold Mortgage is binding upon the City in the enforcement of its rights and remedies under this Lease and by law provided, unless, and until, a copy thereof has been delivered to the Aviation Director. ii. City Manager agrees to execute an estoppel certificate and any other similar documentation as may reasonably be required by the Leasehold Mortgagee so as to certify to the status of this Lease and to the performance of the Lessee hereunder as of the date of such certification. Lessee shall furnish Aviation Director a written notice setting forth the name and address of any Leasehold Mortgagee. 29 iv. If a Leasehold Mortgagee or purchaser at foreclosure of the mortgage acquires the Lessee's leasehold interest in the Premises, by virtue of the default of the Lessee under the mortgage or otherwise, this Lease will continue in full force and effect so long as the Leasehold Mortgagee or purchaser at foreclosure is not in default hereunder, including the obligation to timely pay rent. For the period of time during which the Leasehold Mortgagee or any purchaser at foreclosure of a mortgage holds the Lessee's leasehold interest in the Premises, the Leasehold Mortgagee or such purchaser becomes liable and fully bound by the provisions of this Lease. v. With respect to any Leasehold Mortgagee of the Premises, City agrees that the following apply: (a) If requested by a Leasehold Mortgagee, who is duly registered in writing with the Aviation Director, any notice from the City affecting the Premises must be simultaneously delivered to the Lessee and such Leasehold Mortgagee at its registered address, and if so registered, no notice of default or termination of this Lease affecting the Premises given by the City shall be deemed legally effective until and unless like notice has been given by the Aviation Director to such Leasehold Mortgagee. (b) Any Leasehold Mortgagee entitled to such notice shall have any and all rights of the Lessee with respect to the curing of any default hereunder by the Lessee. (c) City will not enter into any material modification of this Lease affecting the Premises without the prior written consent thereto of each Leasehold Mortgagee who becomes entitled to notice as provided in this Section 15. The foregoing does not apply nor may be construed to apply to any right the City may have to terminate this Lease pursuant to its terms. The Lessee must provide any Leasehold Mortgagee with notice of any proposed modification. vi. If the City elects to terminate this Lease for any default by the Lessee with respect to the Premises, the Leasehold Mortgagee that has become entitled to notice as provided in this Section has not only any and all rights of the Lessee with respect to curing of any default with respect to the Premises, but also the right to postpone and extend the specified date, for a maximum of ninety (90) days, for the termination of this Lease (Leasehold Mortgagee's Right to Postpone) in any notice of termination by the City to the Lessee (Termination Notice), subject to the following conditions: (a) The Leasehold Mortgagee must give the Aviation Director written notice of the exercise of the Leasehold Mortgagee's Right to Postpone at least ten (10) days prior to the date of termination specified by the 30 Aviation Director in the Termination Notice and simultaneously pay to the City all amounts required to cure all defaults then existing (as of date of the exercise of Leasehold Mortgagee's Right to Postpone) which may be cured by the payment of a sum of money. (b) The Leasehold Mortgagee must pay any sums and charges which may be due and owing by the Lessee and promptly undertake to cure, diligently prosecute, and, as soon as reasonably possible, complete the curing of all defaults of the Lessee with respect to the Premises which are susceptible of being cured by the Leasehold Mortgagee. (c) The Leasehold Mortgagee's exercise of its Right to Postpone may extend the date for the termination of this Lease specified in the Termination Notice for a maximum of six (6) months. (d) If, before the date specified for the termination of this Lease as extended by a Leasehold Mortgagee's exercise of its Right to Postpone, the Leasehold Mortgagee has performed and observed all of Lessee's covenants and conditions under the Lease with respect to the Premises and no further defaults with respect to the Premises have occurred which not have been timely cured, then, all defaults under this Lease with respect to the Premises will be deemed to have been cured, and the City's Termination Notice will be deemed to have been withdrawn. (e) Nothing herein may be deemed to impose any obligation on City's part to deliver physical possession of the Premises to a Leasehold Mortgagee. (f) If more than one Leasehold Mortgagee seeks to exercise any of the rights provided for in this Section 15, the most senior lienholder is entitled, as against the others, to exercise such rights. Should a dispute arise among Leasehold Mortgagees regarding the priority of lien, the Leasehold Mortgagees must prove to the satisfaction of the City Attorney that they have settled that dispute. 16. GENERAL PROVISIONS. 16.1 Mineral Rights. The City expressly reserves all water, gas, oil and mineral rights in and under the soil beneath the Premises. 16.2 No Waiver of Forfeiture. Any failure or neglect of the City Manager or Lessee at any time to declare a forfeiture of this Lease for any breach or default whatsoever hereunder does not waive the City's right thereafter to declare a forfeiture for like, other, or succeeding breach or default. 31 16.3 Force Majeure. Neither City nor Lessee will be deemed to be in breach of this Lease if either is prevented from performing any of its obligations hereunder by reason of force majeure. Force Majeure means any prevention, delay, or stoppage due to strikes, lockouts, labor disputes, acts of God, including inclement weather and/or periods of rain or snow, inability to obtain labor or materials, or reasonable substitutes therefor, governmental restrictions or requirements, governmental regulations, governmental controls, inability to timely obtain governmental approvals, enemy or hostile government action, civil commotion, fire or other casualty, and other causes beyond the reasonable control of the party obligated to perform. All such events excuse the performance by such party for a period equal to any such prevention, delay, or stoppage, including the obligations imposed with regard to commencement or payment of rental and other charges to be paid by Lessee pursuant to this Lease and the obligation of City to deliver the Premises. 16.4 Quiet Enjoyment. The City covenants that it has the authority to execute this Lease, that at commencement of the Lease, the City has good title to the Premises and that throughout the term hereof, Lessee will have peaceful and uninterrupted possession of the Premises subject to its payment of Rentals and other charges and to its performance of the covenants of the Lease. City agrees to remedy any violation of Quiet Enjoyment caused by City and to honor Lessee's tenancy for the term of the Lease. 16.5 Rules and Regulations. The Aviation Director may adopt and enforce Rules and Regulations, to be uniformly applied to similar uses and users of similar space, which Lessee agrees to observe and obey with respect to the use of the Premises and the Airport, and the health, safety and welfare of those using the Premises and the Airport. 16.6 Headings. The titles and headings in this Lease are used only for reference, and in no way define or limit the scope or intent of a provision of the Lease. 16.7 Venue. Venue of any action brought under this Lease lies in Nueces County, Texas, exclusively, where the Lease was executed and will be performed. 16.8 Choice of Law. This Lease binds any party who legally acquires any rights or interest in this Lease from City or Lessee. However, City shall have no obligation to Lessee's successor unless the rights or interests of Lessee's successor are acquired in accordance with the terms of this Lease. The laws of the state in which the Premises is located shall govern this Lease. 16.9 Corporate Authority; Partnership Authority. Each person signing this Lease on behalf of Lessee represents and warrants that he has full authority to do so and that this Lease binds the entity. If requested by City, within thirty (30) days after this Lease is signed, Lessee shall deliver to City a certified copy of authority under which the Lease is executed or other evidence of such authority reasonably acceptable to City. 32 16.10 Execution of Lease. This Lease may be executed in counterparts and, when all counterpart documents are executed, the counterparts shall constitute a single binding instrument. City's delivery of this Lease to Lessee shall not be deemed to be an offer to lease and shall not be binding upon either party until executed and delivered by both parties. 16.11 Survival. All representations and warranties of City and Lessee shall survive the termination of this Lease. 16.12 No Third Party Benefit. No provision of this Lease creates a third party claim against the City of Corpus Christi, the Airport, or Lessee, beyond that which may legally exist in the absence of any such provision. 16.13 Terms binding on successors and assigns. All of the terms, covenants and agreements herein contained shall be binding upon and shall inure to the benefit of the heirs, successors and assigns of Lessee and City. 16.14 Estoppel. Both parties agree that at any time and from time to time at reasonable intervals, within fifteen (15) days after written request by the other party, such party will execute, acknowledge and deliver to the party designated by the other party, a certificate in a form as may from time to time be provided, certifying the following, as well as any other provision reasonably requested by the other party: (a) that Lessee has entered into occupancy of the Premises and the date of such entry if requested; (b) that this Lease is in full force and effect, and has not been assigned, modified, supplemented or amended in any way (or if there has been any assignment, modification, supplement or amendment, identifying the same); (c) that this Lease represents the entire agreement between City and Lessee as to the subject matter hereof (or if there has been any assignment, modification, supplement or amendment, identifying the same); (d) the date of commencement and expiration of the term; (e) that all conditions under this Lease to be performed by City, if any, have been satisfied (and if not, what conditions remain unperformed); (f) that to the knowledge of the signor of such writing no default exists in the performance or observance of any covenant or condition in this Lease and there are no then existing defenses or offsets against the enforcement of this Lease by City or specifying each default, defense or offset of which the signor may have knowledge; and (g) the amount of rent or other rental if any, that has been paid in advance and the amount of security, if any, that has been deposited with City. 16.15 Taxes. Lessee must pay all taxes of whatever character, including ad valorem and intangible taxes, that may be levied or charged upon the Premises, leasehold Improvements, or operations hereunder and upon Lessee's rights to use the Premises, whether the taxes are assessed against Lessee or the City prior to the past due date. Lessee must pay any and all sales taxes arising in connection with its occupancy or use of the Premises whether the taxes are assessed against Lessee 33 or the City. Lessee must obtain and pay for all licenses or permits necessary or required by law for the construction of Improvements, the installation of equipment and furnishings, and any other licenses necessary for the conduct of its operations hereunder. If Lessee wishes to contest any such tax or charge, that contest will not be a default under the Lease so long as Lessee diligently prosecutes the contest to conclusion and promptly pays whatever tax is ultimately owed. Further, Lessee must pay any taxes not being contested prior to the past due date. 16.16 Compliance with Laws. Lessee must promptly observe, comply with, and execute the provisions of any and all present and future governmental laws, ordinances, rules, regulations, requirements, orders and directions. Failure to observe or comply with the aforementioned laws will subject this Lease to cancellation by the City under Section 11 of the Lease. Lessee covenants to comply with alI applicable Federal laws, rules, and regulations, including without limitation the Drug Free Workplace Act, the Violence in the Workplace Act, the Americans with Disabilities Act, and any other acts that the U.S. Congress passes that applies to any entity that operates at the Airport, all applicable state laws, rules, and regulations, and all applicable City ordinances, and rules and regulations promulgated by the Aviation Director. 16.17 Severability. A determination by a court of competent jurisdiction that any provision of this Lease or any part thereof is illegal or unenforceable shall not cancel or invalidate the remainder of such provision or this Lease, which shall remain in full force and effect. 16.18 Publication Costs. Lessee agrees to pay the costs of newspaper publication of this Lease and related Ordinance as required by the City Charter. [SIGNATURES ON NEXT PAGE] 34 SIGNATURE PAGE IN WITNESS WHEREOF, the parties have executed this Lease as of the date first above written. CITY: City of Corpus Christi, a political subdivision of the State of Texas Date: George K. Noe City Manager Attest: Armando Chapa, City Secretary LESSEE: , a Corporation Date: Name Title Approved as to Legal Form on , 2007 By: Elizabeth Handley Assistant City Attorney For City Attorney 35 EXHIBIT "A" PREMISES 36 EXHIBIT "B" LEGAL DESCRIPTION OF AIRPORT PROPERTY Corpus Christi International Airport Metes and Bounds Description of a 2,427.99 Acre Tract Description for a 2427.99 acre tract being out of Block 23 of the J.C. Russell Farm Blocks, a map of which is recorded in Volume 3, Page 53 of the Map Records of Nueces County, Texas, which is part of a 1953.021 acre tract conveyed to the City of Corpus Christi, being out of Blocks 21, 22, 23 and the Otho Askey Tract of the said J.C. Russell Farm Blocks, portions of Lots 6, 7 and 10 of the Margaret Kelly Lands, a map of which is recorded in Volume 8, Page 40 of the Map Records of Nueces County, two tracts of land out of Survey 315, Nueces County, Texas Conveyed to the City of Corpus Christi, Texas by J. L. Scogin, recorded in Volume 841, Page 601 of the Deed Records of Nueces County, Texas and two tracts of land out of the Buckholt Partition which are described in deeds recorded in Volume 1710, Page 541 and Volume 1689, Page 707 of the Deed Records of Nueces County, Texas and being more particularly described by metes and bounds as follows: Beginning at a 5/8 inch iron rod with a cap set 18 inches deep in the north right - of-way line of Buckholt Road, for the Northwest and beginning corner of the tract herein described and bearing North 88° 58' 31" East a distance of 30 feet. Thence North 27° 19' 48" East and parallel to the right of way of State Highway No. 44, 146.04' feet, to a set point for a comer of this tract; Thence North 66° 37' 24" East, 444.16 feet, to a set point for a corner of this tract; Thence North 71° 47' 27" East, 486.77 feet, to a set point for a corner of this tract; Thence North 76° 47' 27" East, 486.77 feet, to a set point for a corner of this tract; Thence North 81° 47' 27" East, 486.77 feet, to a set point for a corner of this tract; Thence North 86° 59' 16" East, 419.05 feet, to a set point for a corner of this tract; Thence North 88° 35' 46" East, 7,568.30 feet, to a set point for a corner of this tract; Thence South 85° 50' 06" East, 401.90 feet, to a set point for a comer of this tract; Thence South 80° 15' 58" East, 201.90 feet, to a set point for a corner of this tract; Thence North 88° 35' 46" East, 963.76 feet, to a set point for a corner of this tract; Thence South 46° 24' 14" East, 105.93 feet, to a set point for a corner of this tract; Thence North 88° 42' 39" East, 100.01 feet, to a set point for a corner of this tract; Thence North 43° 35' 46" East, 106.20 feet, to a set point for a comer of this tract; 37 Thence North 88° 35' 46" East, 265.03 feet, to a set point for a corner of this tract; Thence South 1° 42" East, 7471.61 feet, to a set point for a comer of this tract; Thence South 88° 37' 00" West, 340.08 feet, to a set point for a corner of this tract; Thence South 0° 05' 40" West, 377.49 feet, to a set point for a corner of this tract; Thence South 82° 12' 00" East, 64.87 feet, to a set point for a corner of this tract; Thence South 43° 11' 05" East, 2100.97 feet, to a set point for a corner of this tract; Thence due South 4425.91 feet to a concrete monument in the Southeast corner of said Tract 5, the Northeast corner of Tract 4, in the West line of Tract 3, said Margaret Kelly Land for the Southeast comer of this tract; Thence due West, with the North line of said Tract 4, a distance of 1,396.89 feet to a 5/8" iron rod for a comer of this tract; Thence due North, with a line that is 1,396.89 feet west of and parallel to the east line of said Tract 5, a distance of 2,233.99 feet to a 5/8 inch iron rod in the South line of Tract 6, said Margaret Kelly Land for a comer of this tract; Thence due West, with the North line of said Tract 5, a distance of 3,891.83 feet to a % inch iron pipe set in the east right of way line of Joe Mireur Road (State Highway No. 763) for a corner of said Tract 7, the northwest comer of said Tract 5, bears due west 40.00 feet; Thence South 0° 25° 50" West 1,081.17 feet West right of way line of Joe Mireur Road (State Highway No. 763) and with a line that is 41.87 feet west of and parallel to the last line of said Tract 8; Thence North 88° 22' 10" West, 1788.70 feet, to a set point for a comer of this tract; Thence North 0° 25' 50" East, 1443.12 feet, to a set point for a comer of this tract; Thence South 88° 22' 10" East, 1788.70 feet, to a set point for a corner of this tract; Thence North 0° 25' 50" West, 2156.26 feet, being on the center line of Joe Mireur Road (State Highway 763); Thence North 43° 11' 10" West, 1146.71 feet, being on the center line of Joe Mireur Road (State Highway 763); Thence North 0° 25' 50" East, 580.0 feet, to a set point for a corner of this tract; Thence North 43° 11' 10" West, 485.61 feet, to a set point for a corner of this tract; Thence South 88° 37' West, 3531.4 feet, along the center line of McGloin Road; Thence North 1° 42' 00" West, 3727.46 feet, to a set point for a corner of this tract; Thence South 88° 18' West, 806.70 feet, to a set point for a comer of this tract; Thence South 1° 55' East, 1033.0 feet, to a set point for a comer of this tract; 38 Thence South 89° 02' West, 2325.27 feet, to a set point for a corner of this tract; Thence North 1° 38' 00" West, 322.37 feet, along the center line of Buckholt Road to a set point for a corner of this tract; Thence in the Northwesterly direction along the center line of Buckholt Road and with the arc of a curve whose central angle is 8° 55' 00 ", whose radius is 1,145.92 feet and a length of 178.32 feet, to a set point for a corner of this tract; Thence North 10° 33' 00" West, 371.66 feet along center line of Buckholt Road, to a set point for a corner of this tract; Thence in the Northwesterly direction along the center line of Buckholt Road and with the arc of a curve whose central angle is 8° 51' 00 ", whose radius is 1,145.92 feet and a length of 176.99 feet, to a set point for a corner of this tract; Thence North 1° 42' West, 3104.01 feet along center line of Buckholt Road to the point of beginning and containing 2,427.99 feet acres of land, more or less. 39 EXHIBIT "C" PLANS AND SPECIFICATIONS 40 EXHIBIT "D" AIRCRAFT OPERATING AREA EXHIBIT N ern' ' GRAPHIC SCALE mitAri Pea / i1oS MAISIWK Sy'n✓,ffi! MOVEMENT AREA NON - MOVEMENT AREA INACTIVE AREA ATCT LOCATION AIRPORT MOVEMENT /NON -- MOVEMENT AREAS CORPUS CHRISTI INTERNATIONAL AIRPORT CORPUS CHRISTI, TEXAS 41 1. Lessee Liability Insurance EXHIBIT "E" INSURANCE REQUIREMENTS (Upon completion of construction) A. Lessee must not commence work under this agreement until all insurance required herein is obtained and such insurance approved by the City. Lessee must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been obtained. B. Lessee must furnish to the City's Risk Manager, two (2) copies of Certificates of Insurance, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, termination, non - renewal or material change is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate Commercial General Liability 1. Commercial Broad Form 2. Airport Premises Liability 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Independent Contractor 6. Broad Form Property Damage 7. Personal Injury. $5,000,000 Combined Single Limit Hangar Keepers Legal Liability to include 1. Direct Primary Liability $1,000,000 Combined Single Limit per occurrence $3,000,000 Combined Single Limit aggregate Non -owned Aircraft Liability to include Coverage for rotor and motor liability (stationery and while in flight) $5,000,000 Combined Single Limit Property Coverage to cover Improvements and Betterments to building In amount to cover value of the building Automobile Liability to include coverage for owned, non -owned or rented vehicles $1,000,000 Combined Single Limit Workers' Compensation Employers Liability Which complies with the Texas Workers Compensation Act $500,000 . In the event of accidents of any kind, Lessee must furnish the Risk Manager with copies of all report within (10) ten days of any accident. 2007 Airport lease with sublease to US Coast Guard ins. req. 7 -16 -07 ep Risk Mgmt. s 42 II. ADDITIONAL REQUIREMENTS A. Lessee must obtain workers' compensation coverage through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in amounts sufficient to assure that all workers' compensation obligations incurred by the Successful Bidder will be promptly met. B. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the General Liability coverage and a blanket waiver of subrogation is required on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30 -day written notice of cancellation, material change, non - renewal, termination is required. C. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.13. (1) -(7) are included or excluded. 2007 Airport Lease with sublease to US Coast Guard ins req. 7- 16 -07ep Risk Mgmt 43 INSURANCE REQUIREMENTS (For Construction Phase) 1. Contractor's Liability Insurance A. The Contractor must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Contractor must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. The Contractor 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 is required on all applicable policies, showing the following minimum coverage by insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, material change, non - renewal or termination required on all certificates Bodily Injury and Property Damage COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5, Broad Form Property Damage 6. Independent Contractors 7. Personal Injury $2,000,000 Combined Single Limit AUTOMOBILE LIABILITY - - -- OWNED, NON- OWNED OR RENTED $1,000,000 Combined Single Limit WORKERS COMPENSATION INSURANCE EMPLOYERS LIABILITY INSURANCE Which Complies with the Texas Workers' Compensation Act and paragrgph II of this exhibit $500,000 BUILDERS RISK 1. All Risk Form In $ amount of construction C. In the event of accidents of any kind, the Contractor must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. II. ADDITIONAL REQUIREMENTS A. The Contractor must obtain workers' compensation coverage through a licensed insurance company obtained in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Contractor will be promptly met. B. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the liability coverage and a blanket waiver of subrogation is required on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30 -day written notice of material change, non - renewal, termination cancellation is required. C. If the Certificate of Insurance on its face does not show the existence of the coverage required by items 1.B (1) -(7), an authorized representative of the insurance company must include a letter specifically stating whether items 1.B. (1) -(7) are included or excluded. 2007 Airport lease - build out contractors ins. req. 7 -16 -07 ep Risk Mgmt. 14 AGENDA MEMORANDUM Date: August 21, 2007 SUBJECT: Appropriation of funds for Parkdale Branch Library AGENDA ITEMS: Ordinance appropriating $13,975.69 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,739.68 from mineral interest from the William T. Neyland Estate and $12,236.01 from unappropriated interest earnings from the Library CIP Fund No. 3210; changing FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $13,975.69; and declaring an emergency. ISSUE: The City Library is named as a beneficiary in the Anita Neyland Trust, established under the Last Will and Testament of W. T. Neyland, who died in 1985. Upon the death of Mrs. Neyland the Trust was to be distributed in four equal parts to the following: City Library, the First Presbyterian Church, a son and a biomedical institution. Mrs. Neyland died on October 28, 2004. Approximately $1,034,000 is available for the project, which includes about $805,000 received from the estate and mineral interest earnings, additional grants in excess of $160,000 and interest earnings of about $69,000 on the funds held by the City. REQUIRED COUNCIL ACTION: Council authorization required for appropriation of funds. PRIOR COUNCIL ACTION: Resolution No. 026056 (December 14, 2004) accepting a cash distribution from the William T. Neyland Estate Ordinance No. 026128 (January 25, 2005) appropriating up to $600,000 from William T. Neyland Estate into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library Resolution No. 026129 (January 25, 2005) authorizing the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library" upon completion of improvements to the facility. Resolution No. 026752 (April 25, 2006) amending Resolution No. 026056 to authorize City Manager or designee to determine whether to retain or sell the library's beneficial mineral interest as bequeathed to library by the Last Will and Testament of William T. Neyland. Resolution No. 026833 (June 27, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides the City with $55,000 for improvements to the Parkdale Branch Library. Ordinance No. 026834 (June 27, 2006) appropriating $257,353.70 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $187,458.57 from the William T. Neyland Estate; $55,000 from the Friends of Corpus Christi Public Libraries; and $14,894.13 from unappropriated interest earnings from the Library CIP Fund No. 3210 for Parkdale library improvements. Page Two Library Resolution No. 026941 (August 29, 2006) authorizing the City Manager or his designee to execute a Gift Agreement with the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements to the Parkdale Branch Library. Ordinance No. 026942 (August 29, 2006) appropriating $4,492.87 from the Corpus Christi Public Library Foundation, Inc. into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library; amending the FY 2005 -2006 Capital adopted by Ordinance No. 026188 to increase appropriations by $4,492.87. Resolution No. 027106 (January 16, 2007) authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries which provides $101,000.00 to the City for improvements to the Parkdale Branch Library. Ordinance No. 027107 (January 16, 2007) appropriating $131,750.32 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library, Janet F. Harte Public Library and the Bell Children's Library at the Central Library from the following sources: $101,000 from the Friends of Corpus Christi Public Libraries for the Parkdale Branch Library; $25,828.75 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Parkdale Branch Library; $3,119.47 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Janet F. Harte Public Library; $1,802.10 from unappropriated interest earnings from the Library CIP Fund No. 3210 for the Bell Children's Library at the Central Library; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $131,750.32; and declaring an emergency. Ordinance No. 0271132 (January 30, 2007) appropriating $8,000 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the William. T. Neyland Estate; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $8,000; and declaring an emergency. Resolution No. 027177 (March 20, 2007) authorizing the City Manager or his designee to execute all documents and take all action necessary to administer the property previously held by the Anita Neyland Trust, which is now being turned over to the City, including but not limited to signing oil and gas division orders and accepting monies derived from property; and requiring that all monies derived from this property shall be deposited into a library fund and used for library purposes. Ordinance No. 027237 (April 24, 2007) appropriating $1 8,223.38 into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $6,441.68 from Anita T. Neyland Trust; $11,781.70 from unappropriated interest earnings from the Library CIP Fund No. 3210; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $18,223.38; and declaring an emergency. Ordinance No. 027282 (May 22, 2007) appropriating $5,902.61 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources: $1,947.19 from mineral interest from the William T. Neyland Estate and $3,955.42 from unappropriated interest earnings from the Library CIP Fund No. 3210; amending FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $5,902.61; and declaring an emergency. RECOMMENDATION: Staff recommends approval. Herb Canales Director of Libraries AN ORDINANCE APPROPRIATING $13,975.69 INTO THE LIBRARY CIP FUND NO. 3210 FOR IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY FROM THE FOLLOWING SOURCES: $1,739.68 FROM MINERAL INTEREST FROM THE WILLIAM T. NEYLAND ESTATE AND $12,236.01 FROM UNAPPROPRIATED INTEREST EARNINGS FROM THE LIBRARY CIP FUND NO. 3210; CHANGING FY 2006- 2007 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026997 TO INCREASE APPROPRIATIONS BY $13,975.69; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $13,975.69 is appropriated into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $1,739.68 from mineral interest from the William T. Neyland Estate and $12,236.01 from unappropriated interest earnings from the Library CIP Fund No. 3210. SECTION 2. That the FY 2006 -2007 Capital Budget adopted by Ordinance No: 026997 is changed to increase appropriations by $13,975.69. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 21St day of August, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APyROVED AS TO FORM: 15- Aug -07 Chi Of( -,a Veronica Ocanas Assistant City Attorney Corpus Christi, Texas Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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 Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 15 AGENDA MEMORANDUM City Council Action Date: August 21, 2007 SUBJECT: ADA Compliance - Sidewalk Accessibility Improvements for the Disabled (Project No. 6151) — CHANGE ORDER NO. 21 AGENDA ITEM: Resolution authorizing the City Manager or his designee to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $158,590.93 for Change Order No. 21 to adjust the final quantities associated with the construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements Project (Weber, Alameda, and Santa Fe). ISSUE: This project is a City/TXDOT joint project that began in 2004. During construction of the project, numerous conflicts were encountered between field conditions and the plans. As a result of the numerous changes, TXDOT and City staff recommend the project be closed and terminate the associated "Master Agreement Governing Local Transportation Project Advanced Funding Agreements for the Weber /Alameda /Santa Fe improvements to comply with the Americans with Disabilities Act (ADA)." The proposed change order provides for the final quantity adjustments to close the project. There are 23 additional ramps and approximately 100LF of sidewalk remaining from McArdle to Staples on the east side of Weber which will be completed via separate contract under Bond Issue 2004. The City is responsible for cost increases on TXDOT projects, and City Council approval is required for this final change order. FUNDING: Funds for this project are available from the Street CIP Fund. RECOMMENDATION: Staff recommends approval of the resolution as presented. gel R. Escobar, P.E. Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Letter from TXDOT & Termination of Master Agreement Exhibit "C" Resolution Exhibit "D" Location Map H:WOME1RachelkAGENIStreets16151 -ADA Weber, Alameda, SFICO No. 21tAgenda Memo.doc BACKGROUND INFORMATION SUBJECT: ADA Compliance - Sidewalk Accessibility Improvements for the Disabled (Project No. 6151) CHANGE ORDER NO. 21 CHANGE ORDER NO. 21 DESCRIPTION: Provides final quantity adjustments on the Weber /Alameda /Santa Fe ADA improvement project due to conflicts with existing site conditions and plans and specifications. This final change order will provide compensation for all work performed and allow the contract to be terminated. On August 8, 2007, the entire project and all ADA components were inspected and accepted by Robert Smith, an inspector in the Compliance Division for the Texas Department of Licensing and Regulation. Following is a brief description of Change Order 21: • Overrun /Underrun Adjustment — Adjusts final quantities for the Santa Fe and Alameda locations and for the engineering field fits that were needed for the remainder of the project (i.e., additional driveway, sidewalk or ramp modifications to meet ADA and state requirements). > Curb Inlet Adjustment and Traffic Control -- Pedestrian ramps were placed perpendicular to the roadway at Weber and Gollihar roads to allow for safer crossing at this location. This change order item also compensates for the necessary traffic control. • Utility Adjustments — Additional adjustments to manholes, gas valves, water valves and ground boxes were needed to adequately build the items on this project. > Curb and Gutter — State standards specify that major bid items that have been overrun by more than 125% can be renegotiated. > Stock Account Purchase — Compensates the contractor for thermoplastic white paint which was stored at the contractor's yard but was not used on this project. The City will purchase the paint and the Street Department will use it for future projects. • Bond Premium Overrun — Compensates the contractor for the 1% premium increase charged by the bonding company due to the overruns on this project and other related expenses. PROJECT BACKGROUND: This program of street improvements includes the construction of barrier -free ramps, sidewalks, and other improvements required for compliance with the Americans with Disabilities Act (ADA). This funding was leveraged with federal funds and was included in the approved Transportation Improvement Program. HAHOMEIRachelle1GENIStrealM 6.151 -ADA Weber, Alameda, SF1CO No. 211Agenda Background.doc The selected street sections include, in order of priority: • Alameda Street from Louisiana Parkway to Doddridge; • Santa Fe Street from Doddridge to Robert Street; • Weber Road from South Staples to South Padre Island Drive • Street sections as prioritized in coordination with the Mayor's Committee for Persons with Disabilities. The Texas Department of Transportation (TxDOT) let this project in August 2004. Nuway International Inc. of Corpus Christi, Texas, was the successful bidder of the project. ADVANCED FUNDING AGREEMENT DESCRIPTION: Under this Advanced Funding Agreement, TXDOT was responsible for the following: • develop the preliminary engineering consisting of environmental assessment and public meetings and/or public hearings as necessary; • be responsible for securing the federal share of funding; • advertise for construction bids, issue bid proposals, receive and tabulate bids, and award a construction contract; • supervise and inspect all work performed by the construction contractor; and; • provide final inspection and a Notification of Completion, acknowledging project completion. The City was responsible for the following: • provide preliminary engineering for the development of plans, specifications and cost estimates; • provide the right -of -way acquisition, including required maps and property descriptions; • be responsible for all costs associated with the necessary adjustment of any and all utilities and services; • be responsible for mitigation and remediation of any environmental problems; • provide the City's share of project costs including any change orders or cost escalations • the City is 100% responsible for cost over-runs. H: 1HOIAEIR achellelGUAStree1s16154 -AOA Weber, Alameda, SFICO No. 241Agenda Background.doc PRIOR PROJECT ACTIONS SUBJECT: ADA Compliance - Sidewalk Accessibility Improvements for the Disabled (Project No. 6151) — CHANGE ORDER NO. 21 Prior Project Actions have included: PRIOR COUNCIL ACTION: 1. November 14, 2000 — Ordinance canvassing returns and declaring the results of the Special Election held on November 7, 2000, in the City of Corpus Christi for the adoption of seven propositions; adoption and levying a sales and use tax pursuant to Section 4A of The Development Corporation Act as approved by the voters in Propositions 4 and 5. (Ordinance No. 024269) 2. April 17, 2001 — Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Russell - Veteto Engineering Inc. of Corpus Christi, Texas, in the amount of $100,168 for Sidewalk Accessibility Improvements. (Motion No. 2001 -141) 3. June 19, 2001- Resolution authorizing the City Manager, or his designee, to approve a Master Agreement Governing Local Transportation Project Advanced Funding Agreements with the Texas Department of Transportation. (Resolution No. 024478) 4. August 28, 2001 - Resolution authorizing the City Manager, or his designee, to approve Amendment No. 1 to the Master Agreement Governing Local Transportation Project Advanced Funding Agreements with the Texas Department of Transportation. (Resolution No. 024555) 5. November 20, 2001 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the amount of $240,900 for construction of barrier free ramps and sidewalks at selected street intersections associated with the Sidewalk Accessibility Improvements project. 6. July 20, 2004 - Resolution authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the estimated amount of $47,601.13 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project (Resolution No. 025840). 7. March 2212005: A. Ordinance appropriating $3,682.45 from interest earnings into the Street 1995 B CIP Fund No. 3538 for the Advanced Fund Agreement Sidewalk Accessibility Improvement Project with Texas Department of Transportation; amending the Capital Budget adopted by Ordinance No. 025647 by increasing appropriations by $3,682.45. (Ordinance No. 026178) B. Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) in the estimated amount of $216,355.10 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. (Motion No. 2005 -096) HAHOME1RachellelGEMStreuts16151 -ADA Weber, Alameda, SRCO No 211PriorActions.doc 8. August 23, 2005: A. Ordinance appropriating $26,557.92 from interest earnings into the Street 2001 CIP Fund No. 3540 for the Advanced Fund Agreement Sidewalk Accessibility Improvement Project with Texas Department of Transportation; amending the Capital Budget adopted by Ordinance No. 026188 by increasing appropriations by $26,557.92. (Ordinance No. 026395) B. Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for Change Order No. 10 in the amount of $217,058.97 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. (Motion No. 2005- 270) 9. December 13, 2005 - Motion authorizing the City Manager, or his designee, to increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TxDOT) for Change Order No. 13 in the amount of $240,710.27 for construction of barrier free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements project. (Motion No. 2005 -419) PRIOR ADMINISTRATIVE ACTION: 1. October 18, 2000 — Distribution of Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 2. November 10, 2000 — Addendum No. 1 to the Request For Qualifications (RFQ) No. 2000 -08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 3. January 10.2001 - Addendum No. 2 to the Request For Qualifications (RFQ) No. 2000- 08 (Public Health and Safety, Parks and Recreation, Street Improvement Projects) to 73 local architectural and engineering firms. 4. June 11, 2003 -- Administrative approval of Amendment No. 1 to the Contract for Professional Services with Russell - Veteto Engineering Inc. of Corpus Christi, Texas, in the amount of $11,590 for a total restated fee of $111,758 for Sidewalk Accessibility Improvements. 5. November 15, 2004 — Approval of Change Order No. 1 in the amount of $4,642.80 for additional surveying with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. 6. December 24, 2004: A. Approval of Change Order No. 2 in the amount of $7,744.72 for tree trimming with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. B. Approval of Change Order No. 3 in the amount of $8,631.89 for irrigation repairs with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. C. Approval of Change Order No. 4 in the amount of $3,370.41 for additional block sod to match existing grass at each location with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. 7. March 11, 2005 - Approval of Change Order No. 5 in the amount of $24,966.00 with the Texas Department of. Transportation for the Sidewalk Accessibility Improvements project. 8. July 15, 2005 - Approval of Change Order No. 6 in the amount of $3,942.00 with the H3HOMENRachellelGENlSlreet916151 -ADA Weber, Alameda, SF1CO No. 211PriorActions.doe EXHIBIT "A -1" Page 2 of 3 Texas Department of Transportation for the Sidewalk Accessibility Improvements project. 9. September 15, 2005 - Approval of Change Order No. 9 in the amount of $11,909.49 with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. 10. October 4, 2005 - Approval of Change Order Nos. 7, 8, 11 and 12 in the amount of $29,334.76 with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. 11. February 14, 2006: A. Approval of Change Order No. 15 in the amount of $7,119.16 with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. B. Approval of Change Order No. 17 in the amount of $2,989.45 with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. 12. March 10, 2006: A. Approval of Change Order No. 16 in the amount of $24,330.90 with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. B. Approval of Change Order No. 18 in the amount of $13,751.66 with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. C. Approval of Change Order No. 19 in the amount of $1,741.05 with the Texas Department of Transportation for the Sidewalk Accessibility Improvements project. H: IHOME1Rachelle1GENlStreets16151 -ADA Weber, Alameda, SF1CO No 21 \Prior Adions.doc Ar Texas Department of Transportation August 6, 2007 Mr. Angel R. Escobar, P.E. Director of Engineering Services City of Corpus Christi : . _ P.O. Box 9277 1 ' Corpus Christi, Texas 78469-9277 ' U6 0 6 2007 I Project: STP 2000(128)MM ; ,_.. Control: 0916-35-072 Highway: S. Alameda St., Santa Fe St., Weber Rd. County: Nueces RE: Change Order No. 21 — Final Change Order Dear Mr. Escobar: Reference letter dated July 19, 2007 in which the City has agreed to terminate the contract; allowable in the Master Agreement Governing Local Transportation Project Advanced Funding Agreements for this project. (See Agreement Section, No. 2a) In order to terminate this contract, all work items performed must be compensated. At this time, all work previously listed in Department letter to the City dated May 25, 2007 must be reconciled. Attached Change Order No. 21 reconciles all work performed and not yet compensated, re-categorizes change order items to reflect the locations work was performed, provides for stock account purchase of materials in stock to be transferred under City ownership, and compensates the contractor bonding premium costs due to overruns throughout the project. As a result of this agreement and subsequent change order, additional funds are required to complete the termination. Please provide funds to be used under this project so that the contract may be terminated. Texas Department of Licensing and Registration (TDLR) inspection is still required. Inspection schedule date is to be announced at a later date. Issues that may result after this inspection will need to be discussed on an issue-by-issue basis. The total amount of the change order is as follows: To which the total cost is (no E&C): $144,831.90 Engineering & Contingencies at 9.5% adds: S 13.759.03 For a Grand Total of $158,590.93 Please sign and return the Advanced Funding Agreement (Third Party Funding) if you concur with this change order. Please forward a check in the amount of $158,590.93 along with the signed AFA to Pete Stricker, P.E., District Plan and Design Engineer at 1701 S. Padre Island Dr., Corpus Christi, TX 78416. If you have any questions regarding this matter, please feel free to call Robert Isassi at (361)808-2208 or myself at (361) 808-2384. Sincerely, „idtod=\.4 lielkArea Engineer i artin C. Horst, P.E. Corpus Christi Area Office MCH:rgi Attachments: Advanced Funding Agreement -Change Order 21 Change Order No. 21 CC: Jose Gaytan, P.E. - Director ot Construction, TxDOT Comus Christi District Guadalupe L. Rocha and Mark Van VIGO( - PMEtcagfiaggiedity Of Corpus Christi CiliithIGE,S1109..-ERIMigifiterAftESWIEKPAND ECONOMIC OPPORTUNITY • IMPROVE AIR QUALITY INCREASE THE VALUE OF OUR TRANSPORTATION ASSETS An Equal Opportunity Employer City of COIpUS Christi ENQINEFAINtl SERIIICEO P() Box 9:77 Comm C hn %Ii Tcxd. 789.9277 Nita: 361 -14SO- ;510 Fax ?hi 4010501 July 19, 2007 Martin C. Horst, P.E. C *orpus Christi Area Engineer Texas Department of Transportation P.O. Box 9907 Corpus Christi, Texas 78469 -9907 Project: STP 2000(128) MM Control: 091 6 -35 -072 Streets: South Alameda St., Santa Fe St. and Weber Rd. County: Nueces Project: Construction of Sidewalk Accessibility Improvements -City Project No. 6151 RE: Termination of Master Agreement Dear Mr. Horst: The City Staff and the Committee for Persons With Disabilities concur with the TxDOT letter dated May 25,2007proposing to terminate this agreement Please provide final change order for funding approval by City Council. We look forward to working with TxDOT in planning this project. I can be reached at (361) 880 -3507. Sincere) Escobar, P.E. Dire Director of Engineering Services cc: Jerry Shoemaker, Acting Asst. Director Engineering Services Pete W. Stricker. P.E. TxDOT Director of Transportation, Planning and Development RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO INCREASE THE ESCROW AMOUNT OF THE ADVANCED FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) IN THE AMOUNT OF $158,590.93 FOR CHANGE ORDER NO. 21 TO ADJUST THE FINAL QUANTITIES ASSOCIATED WITH THE CONSTRUCTION OF BARRIER -FREE RAMPS AND SIDEWALKS AT SELECTED STREET LOCATIONS ASSOCIATED WITH THE SIDEWALK ACCESSIBILITY IMPROVEMENTS PROJECT (WEBER, ALAMEDA, SANTA FE). 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 increase the escrow amount of the Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $158,590.93 for Change Order No. 21 to adjust the final quantities associated with the construction of barrier -free ramps and sidewalks at selected street locations associated with the Sidewalk Accessibility Improvements Project (Weber, Alameda, Santa Fe). ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: 9- Aug -07 Veronica Ocanas Assistant City Attorney For City Attorney H:HOMEARaehelleeGEMStreels 16151- ADAWeber, Alameda, SFRCO No, 21hResolution.doc Henry Garrett Mayor day of , 2007. The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:WOMEVRachelleSGENI tree103151 -AAA Weber, Alameda, SFSCO No. 21IResolution.doc \ Mproject \councilexhibits \exh6151.dwg AGNES CORPUS CHRISTI BAY PROJECT LOCATIONS PROJECT No. 6151 Ci LOCATION MAP NOT TO SCALE EXHIBIT 'D' (CHANGE ORDER NO. 21) ADA COMPLIANCE - SIDEWALK ACCESSI- BILITY IMPROVEMENTS FOR THE DISABLED CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE 04/10/2007 diti 16 AGENDA MEMORANDUM DATE: August 21, 2007 SUBJECT: J. C. Elliott Landfill — Final Cover Phase 4 -6 and Landfill Gas Collection AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute an engineering contract with HDR, Inc. (Shiner Moseley) in the amount of $404,600.00 for the J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill Gas Collection System. ISSUE: The J. C. Elliott Landfill is approaching final capacity and requires closure in accordance with TCEQ regulations. The regulations require installation of a final cover system and installation of a landfill gas system prior to closure of the landfill. This contract authorizes the engineering design services necessary to provide for the closure of J. C. Elliott Landfill in accordance with TCEQ regulations. Work authorized under this contract includes the plans, specifications, bid and contract documents, construction phase services and other engineering services as required to complete: • Final cover for approximately 55 acres of consisting of Final Closure Phases 4 -6; • Evaluation of J. C. Elliott landfill gas generation quantities and characteristics; • Comparison and evaluation of active and passive gas collection systems including benefit cost analysis and suitability for installation at J. C. Elliott Landfill; • Expansion of the landfill gas collection system; • Landfill permit modification (gas); • Construction observation; • Site surveying; and • Final grading plan for south borrow area. An amendment of the J. C. Elliott Landfill permit is in process. The amendment will result in TCEQ approval and facilitate closure costs by modifying the final contour design. Actual construction of the landfill gas collection system and final cover system will proceed after the amendment is approved by TCEQ. It is anticipated that construction will begin in early 2008 and is estimated to cost $7.2M. H:S HOMEILYNDASIGENILandfiII\Elliot Final Cover and Gas SystemWE ContracMEMemo.doc RECOMMENDATION: Approval of the motion as presented. /i,, 8'/5o7 1 R. Escobar, P.E. 6102-deffrey Kaplan irector of Engineering Services Director of Solid Waste /Street Services Attachments: a. Additional Information b. Contract Summary C. Site Map H: LHOME\LYNCASIGENYLandfltlElliot Final Cover and Gas System AE Contract AEMemo.doc ADDITIONAL INFORMATION BACKGROUND: The J. C. Elliott Landfill is approaching final capacity and requires closure in accordance with TCEQ regulations. The closure will occur when remaining capacity has been utilized this fall. The opening of the Citizens Convenience Center in August will permit a smooth transition to Cefe Valenzuela Landfill. Operators of landfills in Texas are required to comply with TCEQ regulations for closure and to maintain financial responsibility for the landfill. This will require annual inspection after closure for thirty (30) years including maintenance of the final cover and any corrective actions that may be necessary. Solid Waste Services and the City's landfill consultant deferred closure on the last three phases of the cover system. This permitted greater flexibility in disposal operations as the remaining permitted capacity at J. C. Elliott Landfill was exhausted. Solid Waste Services worked closely with TCEQ to optimize disposal capacity and extend the life of J. C. Elliott. It is anticipated disposal operations will be shifted to Cefe Valenzuela Landfill in the September /October timeframe. J. C. Elliott Landfill will continue to accept wastes from the public and non - contract waste haulers. General waste products will be processed for transport at the Citizens Convenience Center and the Solid Wastes Transfer Station. Material delivered to those facilities will be loaded for transport to Cefe Valenzuela Landfill. J. C. Elliott will also continue to be the center for processing of woody vegetation and household hazardous wastes. Woody vegetation and household hazardous wastes will be processed on site or process for transport. Exhibit "A" Page 1 of 2 H: IHOME`LYNDASIGEMLandfilll£Iliot Final Cover and Gas SystemlAEBkgExhA.doc PRIOR COUNCIL ACTIONS: July 11, 2006 — a. Ordinance appropriating $188,531.00 from interest earnings of the Public Health and Safety 2004 CIP Fund No. 3359 for J. C. Elliott Landfill Permit Modification application; amending the FY 2004 — 2005 Capital Improvement budget adopted by Ordinance No. 026188 by increasing appropriations by $188,531.00; and declaring an emergency. b. Motion authorizing the City Manager, or his designee, to execute Amendment No. 15 with Shiner, Moseley & Associates, Inc. in the amount of $370,170 for Engineering Services associated with an amendment application of the J.C. Elliott Landfill TCEQ Permit to increase final contours and disposal capacity. September 19, 2006 — Ordinance approving the FY2007 Capital Budget in the amount of $149,994,500. December 19, 2006 — a. Motion authorizing the City Manager, or his designee, to execute a construction contract in the amount of $3,835,907.25 with Longhorn Excavators, Inc., of Richmond, Texas for the J.C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. b. Motion authorizing the City Manager, or his designee, to execute a materials inspection, testing and laboratory services contract in the amount of $84,056.00 with Kleinfelder of Corpus Christi, Texas for the J.C. Elliott Landfill Solid Waste Citizen Collection Center and Transfer Station. FUTURE COUNCIL ACTION: • Award of the construction contract for the final cover system and expansion of the landfill gas collection system. • Award of an engineering materials inspection and laboratory testing contract for the final cover system and landfill collection system. FUNDING: Funding is available from the Public Health and Safety CIP Fund. H :\HOMEILYNDAS\GEN \Landrill \Elliot Final Cover and Gas System'AEBkgExhA.doc Exhibit "A" Page 2 of 2 CONTRACT SUMMARY 1. SCOPE OF PROJECT (J.C. Elliott Landfill J. C. Elliott Final Cover Phases 4 -6 and Landfill Gas Collection System) This project consists of preparation of plans, specifications, bid and contract documents for Final Cover Phases 4 -6 and Landfill Gas Collection System at the J.C. Elliott Landfill. These phases of the final cover system comprise approximately 55 acres and additional landfill gas collection system associated with the final cover area. 1. A. Basic Services 1. Design Phase. Upon receiving authorization to proceed, the Engineer will: a. attend and participate in project start and planning meeting (2 meetings) with City Staff to discuss planning, design; construction sequencing, and connections to the existing facilities, and incorporate these issues into the construction plans. Development of the construction sequencing will be coordinated with the City Operating Department(s) and Engineering Services staff; b. prepare one (1) set of Construction Bid and Contract Documents in City format (using City Standards as applicable), including Contract agreement forms, general conditions and supplemental conditions, invitation to bid, instruction to bidders, insurance, bond requirements, and preparation of other contract and bid related items; specifications and drawings to fix and describe, for one bid or for multiple bids, the size and character of the entire Project; description of materials to be utilized; and such other essentials as may be necessary for construction and cost analysis; c. prepare final quantities and opinions of probable costs and probable construction schedule; d. furnish one (1) copy of 60% plans (plans only- identify needed specifications) to the City staff for review and approval purposes with opinions of probable construction costs. Required with the 60% plans is a "Plan Executive Summary" which will identify and summarize the project by distinguishing key elements such as: • Liner type and material • Pipe size and material, etc. • Why one material is selected over another • Pluses of selections • Permit requirements and why • Easement requirements and why • Constructability, etc. • Specific requirements of the City • Standard specifications • Non - standard specifications • Any unique requirements • Cost, alternatives, etc. Exhibit B Page 1 of 4 • Other items determined to be applicable or noteworthy f. furnish complete construction and bid documents including specifications for City staff review and approval. Provide 1 copy of 100% complete plans and bid documents to the City staff for review and approval purposes with revised opinions of probable costs. Identify distribution list for plans and bid documents to all affected utilities including City and all other affected entities, compile comments and incorporate any requirements into the plans and specifications, and advise City of responding and non - responding participants; g. provide Quality Assurance /Quality Control (QA/QC) measures to ensure that submittal of the 60% and 100% complete plans and complete bid documents with specifications accurately reflect the percent completion designated and do not necessitate an excessive amount of revision and correction by City staff. The Consultant A/E and Sub - consultant AIE shall submit a letter declaring that all applicable engineering disciplines of all phases of the submittals have been checked, reviewed, and are complete prior to submission, and include signature of all applicable disciplines including but not limited to structural, civil, mechanical, electrical, etc; h. upon approval by the Director of Engineering Services, provide one (1) set (hard copy and electronic) of final plans and contract documents suitable for reproduction (In City Format) and said bid documents henceforth become the sole property and ownership of the City of Corpus Christi. i. the City agrees that any modifications of the submitted final plans (for other uses by the City) will be evidenced on the plans and be signed and sealed by a professional engineer prior to re -use of modified plans; j. assimilate all review comments, modifications, additions /deletions and proceed to next phase, upon Notice to Proceed; k. prepare and submit monthly status reports with action items developed from monthly progress and review meetings; and, I. provide a Storm Water Pollution Prevention Plan. 2. Bid Phase. The NE will: a. participate in the pre -bid conference; b. assist the City in solicitation of bids by identification of prospective bidders, and review of bids by solicited interests. c. review all pre -bid questions and submissions concerning the bid documents and prepare, in the City's format, for the Engineering Services' approval, any addenda or other revisions necessary to inform contractors of approved changes prior to bidding; d. attend bid opening, analyze bids, evaluate, prepare bid tabulation, and make recommendation concerning award of the contract; and e. in the event the lowest responsible bidder's bid exceeds the project budget as revised by the Engineering Services in accordance with the A/E's design phase estimate required above, the Engineer will, at its expense, confer with City staff and make such revisions to the bid documents as the City staff Exhibit B Page 2 of 4 deems necessary to re- advertise that particular portion of the Project for bids. 3. Construction Phase. The A/E will perform contract administration to include the following: a. participate in pre - construction meeting; b. review for general conformance to contract documents, shop and working drawings, materials and other submittals; c. review field and laboratory tests; d, provide interpretations and clarifications of the contract documents for the contractor and authorize minor changes, which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; e, make regular visits to the site of the Project to confer with the City project inspector and contractor to observe the general progress and quality of work, and to determine, in general, if the work is being done in accordance with the contract documents. This will not be confused with the project representative observation or continuous monitoring of the progress of construction; f. prepare change orders (coordinate with the City's construction division); provide interpretations and clarifications of the plans and specifications for the contractor and authorize minor changes which do not affect the contractor's price and are not contrary to the general interest of the City under the contract; g. make final inspection with City staff and provide the City with a Certificate of Completion for the project; and h. review construction "red -line" drawings, prepare record drawings of the Project (from the "red- line" drawings, inspection, and the contractor provided plans) and deliver to the Engineering Services a reproducible set and electronic file (AutoCAD r.14 or later) of the record drawings. All drawings will be CADD drawn using dwg format in AutoCAD, and graphics data will be in dxf format with each layer being provided in a separate file. Attribute data will be provided in ASCII format in tabular form. B. Additional Services (ALLOWANCE) 1. Topographic Survey. Provide field surveys, as required for design and construction verification including the necessary control points, and coordinates and elevations of points required by TCEQ for the various layers installed in the Sector construction. Establish base survey controls for line and elevation staking (not detailed setting of lines and grades for specific structures or facilities). All work must be tied to and conform with the City's Global Positioning System (GPS) control network and comply with Category 6, Condition specifications of the Texas Society of Professional Surveyors'Manual of Practice for Land Surveying in the State of Texas, Ninth Edition. Include reference to a minimum of two (2) found boundary monuments from the project area. 2. Construction Observation Services. Provide Project Observation services including day -to -day detailed coordination with the City's staff and testing Exhibit B Page 3 of 4 laboratory. Observation services include up to 1 person for 3 hours per day, five days per week for a construction period of 240 days. Also included in the fee for this service is an allowance for the project manager's time. 3. South Borrow Area Grading Plan. Provide a final grading plan for the borrow area south of Oso Creek which is to be included in the construction documents to control the flow of water into and from the borrow area to prevent erosion. Final grading will be done on a slope to ensure animals that may enter the borrow area do not become trapped. 4. Evaluation of Active and Passive Gas System. Develop and submit to the City Engineer an evaluation of the benefits and implications of a passive versus an active landfill gas collection system. The evaluation will specifically relate to J. C. Elliott landfill to address costs, the economic benefit and the environmental impact of the two (2) types of systems. This evaluation will evaluate the benefits and costs of exceeding the regulatory guidelines to install an active gas collection system. 5. Permit Modification (Gas). Prepare a permit modification (non - notice) for submittal to the TCEQ outlining the proposed improvements. The submittal will include calculations and drawings that will become a part of the landfill's Gas Management Plan. A preliminary set of drawings as generated for the design will be used for the permit modification as TCEQ does not routinely require construction details. If requested by the TCEQ, record drawings can be submitted to TCEQ to document actual construction. 3. FEES C. Summary of Fees Fee for Basic Services I.A.1 Design Phase 126,300 I.A.2 Bid Phase 10,770 1.A.3 Construction Phase 50,930 Subtotal Basic Services Fees 188,000 Fee for Additional Services (Allowance) I.B.1 Topographic QC /QA Survey (Authorized) 49,000 I.B.2 Construction Observation Services (Authorized) 82,990 Il.B.3 South Borrow Area Grading Plan (Authorized) 10,980 Il.B.4 Evaluation of Applicability of Active and Passive Gas System (Authorized) 59,140 II.B.5 Permit Modification (Gas) (Authorized) 14,490 Sub -Total Additional Services Fees Authorized 216,600 Total Authorized Fee $404,600 Exhibit B Page 4 of 4 File: \ Mproject \councilexhibits \exh5216.dwg HWY 44 AGNES CORPUS La CHRISTI INTERNATIONAL AIRPORT OSO CREEK J.C. ELLIOTT LANDFILL FM 2444 SITE LOCATION MAP PROJECT # 5216 EXHIBIT "C" J.C. ELLIOTT LANDFILL -FINAL COVER PHASE 4 -6 AND LANDFILL GAS COLLECTION CITY COUNCIL EXHIBIT E F ENER4 E' V CDEPACITY T OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 08 -14 -07 17 AGENDA MEMORANDUM DATE: August 21, 2007 SUBJECT: RTA Livable Communities Initiate Amendment No. 1 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract for Professional Services with Naismith Engineering of Corpus Christi, Texas in the amount of $40,200.00 for a restated total not to exceed fee of $64,700.00 for RTA Special Streets Project, Livable Communities Initiative (Miscellaneous improvements — LCI 2001). ISSUE: The Livable Communities Initiative is a federal transportation grant program designed to improve the relationship of communities and transportation. The RTA has received such a grant and requested the City to act as contract administrator to initiate and complete design and construction of the approved project. The grant scope for construction will include pedestrian access improvements, mitigation of highway storm water runoff, landscape Improvements and bicycle path Improvements in the area of the Oveal Williams Senior Center. All project costs will be paid for by the Regional Transportation Authority through their yearly street Capital Improvement Program with the City. This amendment is necessary to comply with federal requests that award of the construction contract be accelerated. FUNDING: Funds are available from the 2001 RTA Special Project Funds (Street CIP) awarded to the City for RTA self directed projects. RECOMMENDATION: Staff recommends approval of the motion as presented. S s /s- /o R. Escobar, P. E., Director of Engineering Services Additional Support Material: Exhibit "A" Additional Information Exhibit "B" Contract Summary Exhibit "C" RTA Letter Exhibit "D" Location Map H:IHOMEILYNDASIGENIRTA16225 - Livable Communities grant\AEAmd1 Memo.doc ADDITIONAL INFORMATION AMENDMENT NO. 1: This amendment authorizes Naismith Engineering to begin design services for the RTA Livable Communities Initiative project. The contract authorizes completion of engineering services for the design, bid, and construction phase of the project. The amendment also authorizes additional engineering services for TXDOT liaison, review and permitting. A summary of the contract amendment is attached. (See Exhibit B). BACKGROUND: The Regional Transportation Authority (RTA) requested the City of Corpus Christi act on their behalf to administratively award a design contract to Naismith Engineering to initiate preliminary engineering and survey work for the current grant. Naismith Engineering was the design engineer for prior Livable Communities grants received by the RTA and their services were requested by the RTA for this grant as well. Subsequent to the contract being awarded, the RTA was notified to expedite design and construction of the project so an amendment is now necessary to authorize the remaining required services. The RTA has also authorized the City to use up to $70,000 from the RTA Special Projects Fund (2001) to finance this phase of the project. FUTURE COUNCIL ACTION: • Approval of a resolution of an intergovernmental agreement with RTA to accept funding for award of the construction agreement; • Adoption of an ordinance appropriating RTA funding for construction of the project; and • Award of the construction contract. FUNDING: Funding is available from the Street CIP Fund (RTA Special Projects). A copy of their letter requesting the additional of the Project is attached. (See Exhibit C.) Exhibit "A" Page 1 of 1 H:IHOMEILYNDASIGENIRTA16225 - Livable Communities grantlAEAmd1 BkgExhA.doc CONTRACT SUMMARY RTA Special Streets Projects -- Livable Communities Initiative CONTRACT FOR ARCHITECTURAL /ENGINEERING SERVICES The City of Corpus Christi, Texas, hereinafter called "City ", and Naismith Engineering, Inc., hereinafter called "Consultant" hereby agree to the amendment of the contract administratively approved August 7, 2007 as follows: Sections II.A. Scope of Services is amended by the authorization of: • Subsection 2. Additional Fee for Design Phase Services; • Subsection 3. Sealed Proposal Phase Services; • Subsection 4. Construction Phase Services; and • Subsection 5. Record Drawings Phase Services Section 111. Fees Authorized is amended to read: III. FEES AUTHORIZED The City will pay the Consultant a total not to exceed fee of $64,700.00. This fee will be full and total compensation for all services provided and expenses incurred in performing the tasks specified as basic, construction, and post - construction phase services specified in Section II. The fee consists of an original contract fee of $24,500.00 and a contract fee for amendment No. 1 of $42,200.00. Summary of Fees: Basic Services Original Contract Amendment No. 1 II.A.1 Preliminary Phase $7,500.00 -0- II.A.2 Design Phase $17,500.00 19,000.00 II.A.3 Bid Phase T.B.A. 2,000.00 II.A.4 Construction Phase T.B.A. 15,000.00 II.A.5 Record Drawings T.B.A. 1,000.00 Additional Services II.B.1 Topographic Surveying $6,500.00 -0- 11.B.2 TXDOT Review and Permitting T.B.A. 1,200.00 Il.B.3 TDLR Review T.B.A. 2,000.00 FEE $24,500.00 40,200.00 Amended Total Fee $64,700.00 Exhibit B Page 1 of 1 H:I HOMEI KEVINSIGENIRTA16225LC120071AEAmd 1 SumExhB.doc Regional Tlransportation Authority July 25, 2007 Kevin Stowers Assistant Director of Engineering Services City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 Re: 2001 Street Improvement Program Dear Mr. Stowers: The RTA is requesting that the City of Corpus Christi provide for a change order to the Naismith Engineering contract in the amount of $70,000. The change order would provide for consulting services relating to design and construction management services in and around the Oveal Williams Senior Center for drainage, sidewalk and landscaping improvements totaling an estimated $804,000. The RTA would pay for the $804,000 improvements. Under the current Special Projects Budget for the calendar year 2001 the table below lists the projects earmarked for the 2001 Street Program, including the request for a change order to the Naismith Engineering contract. Recap of Funds for 2001 Street Projects Beginning Balance Carryover from 2000 Total New 2001 Balance Alameda Project (RTA haspaid the City) Mali Signalization (RTA paid contractor) Owed to the City for work completed on 2001 projects Owed to the City for Staples bus turnout Owed to the City for Staples Frontage Road Less cost of improvements at Lexington Apartments on Kostoryz and engineering fees (RTA will complete) Greenwood © West Point bus turn out, City administrative fees and consultant/engineering (City will complete) Naismith Engineering change order _ Balance remaining for 2001 Projects $500,000.00 68, 486.39 $568,486.39 ( 71,183.15) ( 79, 884.20) (134,552.90) ( 25, 000.00) ( 30,000.00) (70, 000.00) (70,000.00) (70,000.00) $1.7,866.14 (361) 289 -2712 • 5658 Bear Lane • Corpus Christi, Texas 78405 • Fax (361) 289 -0605 The B Customer C:anfDr 1ZR11 RAQ_0)C7 _ i one c n i_.Y_._ .. _ ... • ., _ __ _ _ . _ Exhibit C Page 1 of 2 The bus stop locations listed in the table below were the bus stop locations scheduled for improvement originally. The RTA had put these improvements on hold because of a potential opportunity to work with the City on future bus turnout projects that would have been funded through the MPO. It turned out that due to timing and right of way issues the projects were not doable. So, as mentioned above the RTA is proposing alternative projects for the remaining balance for the 2001 Street Program funds. Location Base Bid: Improvement Staples at Carroll Lane Sta les at Dabne Staples at Casa Linda Staples at Baldwin Add Alternates: Staples at Weber Bus Pad Bus Pad & Curb & Gutter Bus Pad, Shelter Pad, Access Ramp, Curb & Gutter Bus Pad Inbound (I) or Outbound (0) (0) (0) (0) Staples at Baldwin Bus Pad Bus Pad (0) (1) Billing has not been submitted for the work completed on the 2001 projects for $134, 552.90; nor has an invoice been submitted for the Staples bus turnout and the frontage road on Staples for a total of $55,000. The RTA made the signalization improvements in front of the Southside Transfer Station next to the Mall for $79,884.20 and paid the contractor directly from these funds. If more information is needed, please contact Sharon Montez or myself at 361 -289- 2712. Sin erely, Ricar o S: nchez General Ma • er cc: Ron Massey, City of Corpus Christi Angel Escobar, City of Corpus Christi Joe Trejo, City of Corpus Christi Lupe Rocha, City of Corpus Christi Sharon Montez, RTA Elias Sissamis, RTA Sylvia Castillo, RTA David Seiler, RTA Exhibit C Page 2 of 2 ►-=• E T #6221 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 24, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Nelda Martinez Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal Michael McCutchon John Marez City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Deacon Michael Mantz with Corpus Christi Cathedral and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. Mayor Garrett called for approval of the minutes of the regular Council meeting of July 17, 2007. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * City Manager Noe provided a brief update on the water system issues. Council members asked questions regarding if the situation had occurred before in the City; if other communities have dealt with chlorine issues; the causes and identification of the problem; the negative testing of bacteria levels; staff awareness; the sampling of water; and the use of Texas Department of Transportation signs to provide awareness to citizens. * * * * * * * * * * ** Mayor Garrett referred to Item 2 and the following board appointments were made: Corpus Christi Business and Job Development Corporation Butch Escobedo (Appointed) Brad Lomax (Appointed) Human Relations Commission Leah Patterson (Appointed) Richard Pulido (Appointed) Margie Myers (Appointed) Jared Cummings (Appointed) Lauren McAdams (Appointed) Johnny Dean Richter Meisner (Appointed) * ******* * * ** Minutes — Regular Council Meeting July 24, 2007 — Page 2 Mayor Garrett called for consideration of the consent agenda (Items 3 - 18). Mr. J.E. O'Brien, Mr. Bill Kopecky and Mr. Jack Gordy asked that Items 16 and 17 be pulled for individual consideration. Council members requested that Items 10, 12, 13, 16 and 17 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2007 -186 Motion approving the purchase of four (4) compact sport utility vehicles (SUVs) and four (4) pickup trucks from Philpott Motors, of Port Neches, Texas for a total amount of $158,607. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). The vehicles will be used by the Fire Department. All units are replacements to the Fleet. Funding is available in the Fire Department Operations Budget. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 4. MOTION NO. 2007 -187 Motion approving the purchase of one (1) backhoe from Doggett Heavy Machinery Services, Ltd., of Corpus Christi, Texas for a total amount of $54,513.71. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative. The equipment will be used by Park Operations. Funds for the purchase of this equipment are available in the Parks and Recreation Department's FY 2006 -2007 Budget. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 5. MOTION NO. 2007 -188 Motion approving a service agreement with McNeilus Truck and Manufacturing Company of Hutchins, Texas for the refurbishment of thirteen (13) auto -reach side loader packer bodies for an estimated amount of $543,998. Funding is available in the Operations Budget of the Solid Waste Department. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 6. MOTION NO. 2007 -189 Motion approving the purchase of a tow tractor from Toyota Lift of South Texas in accordance with Bid Invitation No. BI- 0187 -07, based on only bid, for a total amount of $33,601. Funds are available in the Capital Outlay Budget of the Maintenance Services Fund. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 7 MOTION NO. 2007 -190 Motion approving Change Order No. 1 to the purchase contract with Advanced Containment Systems, of Houston, Texas in the amount of $29,355 for a revised contract value of $363,011 fora camera system package to be installed and integrated into the Bomb Rescue Minutes — Regular Council Meeting July 24, 2007 — Page 3 Vehicle. Funding is made available through the Homeland Security 06 -08 Law Enforcement Terrorism Prevention Program (LETPP) Grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8.a. ORDINANCE NO. 027339 Ordinance appropriating a grant in the amount of $216,000 from the Texas Health and Human Services Commission in the No. 1067 Parks and Recreation Grants Fund to operate the Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2007 -2008. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 8.b. RESOLUTION NO. 027340 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $216,000 grant from the Texas Health and Human Services Commission Child and Adult Care Food Program to provide after school snacks to youth enrolled in after school programs for FY 2007 -2008. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8.c. RESOLUTION NO. 027341 Resolution authorizing the City Manager or his designee to execute an Interlocal Cooperation Agreement with the Corpus Christi Independent School District for the After School Snack - Child and Adult Care Food Program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 9.a. RESOLUTION NO. 027342 Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a $200,000 grant from the United States Department of Justice, Office of Justice Programs, for continued support of the Weed and Seed Program, Site II West, for FY 2007- 2008. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 9.b. ORDINANCE NO. 027343 Ordinance appropriating $200,000 from the United States Department of Justice, Office of Justice Programs in the No. 1067 Federal /State Grants Fund for continued support of the Weed and Seed Program, Site II West, for FY 2007 -2008. Minutes — Regular Council Meeting July 24, 2007 -- Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 11. RESOLUTION NO. 027345 Resolution authorizing the City Manager or his designee to execute a first amendment to the Interlocal Cooperation Agreement for disaster operations with the City of Port Aransas. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 14. MOTION NO. 2007 -192 Motion authorizing the City Manager or his designee to execute a Job Order Construction Contract with Alpha Building Company, of Corpus Christi, Texas in the amount of $199,448.01 for the Greenwood Senior Center (CDBG), Lindale Senior Center (CDBG), and Joe Garza Recreation Center, HVAC Replacement Projects. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 15. ORDINANCE NO. 027348 Ordinance amending the Code of Ordinances Chapter 57 Vehicles for Hire, to allow for a two -year driver's permit and corresponding fee and to amend the sliding scale for rates of fare based on fuel price; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18.a. MOTION NO. 2007 -195 Motion to amend prior to second reading the ordinance amending Chapter 17 Finance and Taxation, Article I In General, Section 17 -20 Lease Agreement Fees to restrict the fee related to leases to those processed through Development Services. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18.b. ORDINANCE NO. 027349 Amending Chapter 14, Development Services, Article XIII, Development Service Fees, Division 4, Platting Ordinance Fees, Section 14 -1341, Platting Ordinance Fees, and Chapter 17, Finance and Taxation, Article I, In General, Section 17 -20, Lease Agreement Fees, and Chapter49, Streets and Sidewalks, Article I, In General, Division I, Generally, Section 49 -12, Petition to Council to Establish or Close Streets, etc., and Section 49 -13, Request for Closing or Abandonment of Easement, and Division 2, Temporary Closure of Streets, Section 49 -16, 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. (First Reading 7/17/07) Minutes — Regular Council Meeting July 24, 2007 — Page 5 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 10 regarding a grant from the Texas Automobile Theft Prevention Authority (ATPA). In response to Council Member Elizondo, Police Chief Bryan Smith said the automobile theft situation has improved greatly since the auto task force has been in existence and has decreased auto thefts by 40 percent. City Secretary Chapa polled the Council for their votes as follows: 10.a. MOTION NO. 2007 -191 Motion authorizing the City Manager or his designee to accept a grant in the amount of $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 7 with a City cash match of $263,377, in -kind match of $12,488, fora total project cost of $721,047 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 10.b. ORDINANCE NO. 027344 Ordinance appropriating $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 12 regarding the HVAC system replacements at Ben Garza Gymnasium and Joe Garza Recreation Center. Council Member McCutchon asked questions regarding the amount appropriated and the lack of cost estimates in comparison to Item 14. Assistant Director of Engineering Kevin Stowers stated that there were no cost estimates for Item 12 due to the extensive issues and code deficiencies at Ben Garza Gym and that the other centers listed on Item 14 are ready for replacement. Council Member McCutchon expressed his concern that money is being moved around in the budget. Director of Parks and Recreation Sally Gavlik explained that the budget was submitted prior to the summer time and revenues were higher than anticipated. City Secretary Chapa polled the Council for their votes as follows: 12. ORDINANCE NO. 027346 Ordinance appropriating $212,745 from estimated excess revenues in Fund No. 1020 General Fund, Parks and Recreation Programs for the repairs and replacement of HVAC systems at Ben Garza Gymnasium, 1815 Howard Street and at Joe Garza Recreation Center, 3204 Highland Avenue; changing the FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 by increasing revenues and appropriations by $212,745 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Minutes — Regular Council Meeting July 24, 2007 — Page 6 Mayor Garrett opened discussion on Item 13 regarding the Collection Line Trust Fund. In response to Council Member Hummell, Director of Financial Services Cindy O'Brien explained that the monies were not posted correctly and should be transferred to the appropriate fund. Council Members asked questions regarding the collection line trust fund; the services provided by developers; and the types of trust funds. Interim Deputy Director of Development Services Johnny Perales provided a background of the collection line trust fund and the different types of trust funds. 13. ORDINANCE NO. 027347 Ordinance appropriating and transferring $144,631.52 of unappropriated interest earnings from Wastewater Capital Improvement Program (CIP) Fund 3430 to the Collection Line Trust Fund 4220; to reimburse for pro -rata fees collected from developer; changing the FY2007 Capital Budget adopted by Ordinance No. 026997 to increase appropriations by $144,631.52. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; McCutchon was absent. Mayor Garrett opened discussion on Item 16 regarding an agreement with Meyers & Associates for governmental relations services. Council members asked questions regarding previous results from Meyers & Associates; the sources of funding; out -of- pocket expenses; the amount of time Meyers & Associates have represented the City; and reporting issues. J.E. O'Brien, 4130 Pompano, spoke regarding the use of taxpayer dollars for lobbying. Bill Kopecky, 3609 Topeka, spoke in opposition to the City spending money for lobbyists. Jack Gordy, 4118 Bray, spoke regarding the scope of work for the contract and requiring that the agreement include providing quarterly reports. Abel Alonzo, 1701 Thames, spoke in support of lobbyists and added that information should be provided to show accountability to justify the contract. Mr. Hummell made a motion to amend Section 2 of the agreement to add Subsection E. requiring Meyers and Associates to provide quarterly reports on issues they are assisting the City on and assistance they are providing other cities that might benefit our City. The motion was seconded by Ms. Leal and passed unanimously. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2007 -193 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and Meyers & Associates, of Washington D.C. for governmental relations services. The foregoing motion was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye".- Mayor Garrett opened discussion on Item 17 regarding an agreement with HiIICo Partners for the governmental relations services of Dan Pearson and Snapper Carr. Minutes — Regular Council Meeting July 24, 2007 — Page 7 J.E. O'Brien, 4130 Pompano spoke against spending city dollars on lobbyists. Bill Kopecky, 3609 Topeka, spoke regarding the hiring of Snapper Carr. Jack Gordy, 4118 Bray, asked that guidelines be included in the contract to report on the issues lobbyists are working on for the City. Council members asked questions regarding a possible conflict of interest due to their representation of the City on water issues and other clients HillCo may have; HiUICo's relationship with the state representatives; the distinction between lobbyist and representing the city's interest; the hiring of an employee to manage the legislative program; whether the contract is continual; the total rate of pay per month; the start of the 81st Legislative Session; and the monitoring of services. Council Member Hummel) made a statement asking the City Manager to include that HiIICo provide quarterly reports. City Secretary Chapa polled the Council for their votes as follows: 17. MOTION NO. 2007 -194 Motion authorizing the City Manager to execute an agreement between the City of Corpus Christi and HiIICo Partners for governmental relations services of Mr. Dan Pearson and Mr. Snapper Carr relating to implementation of provisions gained during the legislative session including but not limited to environmental flow, funding options for water projects, economic development laws, working with Comptroller's Office to implement provisions of HB 1009, assisting the City in formulating the City's Legislative Agenda for the 81st Legislative Session and other matters directed by the City Manager. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * * * * * * * * * * City Secretary Chapa announced that Items 19 and 20 were withdrawn by the applicant. Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0607 -04, Donald W. Kirchberq: A change of zoning from a "T-1B" Manufactured Home Park District to an "1 -2" Light Industrial District, 26.456 acres out of 55.57 acres of the Anthony C. Page Survey 591, Abstract 1010, and out of the A. M. French Survey 312, Abstract 1018, Nueces County, Texas, located approximately 400 feet south of the intersection of Leopard Street and Rhew Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "1 -2" Light Industrial District. No one appeared in opposition to the zoning change. Ms. Cooper made a motion to close the public hearing, seconded by Mr. Marez, and passed. Mr. Chapa polled the Council for their votes as follows: 21. ORDINANCE NO. 027350 Amending the Zoning Ordinance, upon application by Donald W. Kirchberg, by changing the zoning map in reference to 26.456 acres out of 55.57 acres of the Anthony C. Page Survey 591, Abstract 1010, and out of the A. M. French Survey 312, Abstract 1018, Nueces County, Texas, from "T-1B" Manufactured Home Park District to "1 -2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Minutes — Regular Council Meeting July 24, 2007 — Page 8 Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye Mayor Garrett referred to Item 22, 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 King Estates, Inc.: A change of zoning from a "RE" Residential Estate District to a "R -1A" One - family Dwelling District on property described as 84.836 acres out of the north' of 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 (RECONSIDERATION ITEM) Faryce Goode- Macon, Interim Assistant Director of Development Services, referred to a powerpoint presentation including an existing land use map; pictorial views of the subject property; definition of the "R -1A" One - family Dwelling District; definition of "RE" Residential Estate District; future land use map; view of the notification area; planning commission and staff recommendation; and the twenty -one conditions of the special permit. Jerry Allen, A & R Septic Tank Service, provided an explanation of how the septic tanks installed for this area would work; the difference between the aerobic system and a lateral line system; the disinfection with chlorine tablets; and maintaining and monitoring the system. Michael Bridges, 4534 Oso Parkway, stated that the deed restrictions for the Coves at Lago Vista require an on -going maintenance agreement that is enforced by the homeowner's association. Calvin Lockhart, Ecological Tanks Incorporated and manufacture of the aerobic tanks, spoke regarding the maintenance; disinfections; manual treatment; and the control and alarm auto dialing to monitor the system. Juan Marines, Corpus Christi / Nueces County Public Health District, stated that the only system being allowed for the subject property is aerobic treatment units because of soil conditions. Council members asked questions regarding the adjustment of the'/ acre tract; lateral line systems; contamination of Oso Creek; the modification of the special permit at the last public hearing; a troubled water list pertaining to Oso Creek; future wastewater capabilities and installation; if there are requirements for developers to install wastewater lines in a subdivision; the maintenance requirements in the special permit; the enforcement of maintenance in the deed restrictions should the homeowners association go bankrupt; the onsite wastewater treatment system as potential source for high bacteria levels in Oso Creek; permitting of traditional septic systems; soil saturation; and the surrounding subdivision's septic uses and issues. Mayor Garrett called for a brief recess to present proclamations and receive comments from the public on items not listed on the agenda. Mayor Garrett called for petitions from the audience. J.E. O'Brien, 4130 Pompano, spoke regarding an internal auditor position and the removal of council members from office. Daiquiri Richard, Executive Director of Beautify Corpus Christi, spoke regarding the recent accomplishments Minutes — Regular Council Meeting July 24, 2007 — Page 9 of Beautify Corpus Christi and the upcoming Clean Air Fair. Joan Veith, 5701 Cain Drive, spoke in opposition of increasing utility rates. Jack Gordy, 4118 Bray Drive, spoke regarding the issue of illegal signs. Charles Roberts, 2142 Alazan, spoke regarding the water quality issue. Mary Ann Kelly, 4302 Schanen, asked the council to reconsider the Crosstown Commons project and consider placing a statue of Christ in Corpus Christi. Council Member Kelly asked for a legal opinion as to whether public money or public land could be used for the purpose of erecting a statue. Susan Thiem, 96 Lakeshore Drive, spoke regarding the establishment of the local spay and neuter clinic. John Torrey, 7253 Yaupon and an behalf of the Caravels de Colon Historical Foundation, requested a letter of support from the City to assist the Nina ship. Angie Ramos, 6910 Aswan Drive, thanked the Council for their consideration for funding the Institute de Cultura Hispanica. * * * * * * * * * * * * * Mayor Garrett returned to Item 22 regarding the reconsideration of Zoning Case No., 0507- 11, The Lakes at King Estates, Inc. Council members asked questions regarding the use of chlorine tablets; the changes that brought forth reconsideration of this item; if the citizens in this area pay for wastewater services; if developers pay into the wastewater funds; infrastructure for future sanitary service use; the wastewater master plan; sewer lines and septic systems in Flour Bluff; if the deed restriction is part of the ordinance; the aerobic treatment units; if the city has a policy regarding other septic systems in proximity to bodies of water; the types of bacteria in Oso Creek; why the developer is requesting the minimum lot size of % acre; the common space per lot; the square footage of the lots; and the average lot size in Phases 1 and 2. Dr. McCutchon made a motion to amend the conditions to change the minimum lot size from 1/2 acre to 3/4 acre. The motion was seconded by Mr. Hummell. A brief discussion ensued. Dr. McCutchon amended his original motion to amend Item 2 of the conditions to change the wording to a minimum average lot size of 3/ of an acre. The motion was seconded by Mr. Hummell and passed unanimously. Ronny Voss, Principal for the project, spoke regarding the concerns of contamination and the efforts made to make the property a safe environment. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 22. ORDINANCE NO. 027357 Amending the Zoning Ordinance, upon application by The Lakes at King Estates, Inc., by changing the zoning map in reference to 84.836 acres out of the North % of Section 32, Laureles Farm Tracts, from "RE" Residential Estate District to "RE /SP" Residential Estate District with a Special Permit subject to twenty -one (21) 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 and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * * * * * * * * ** Minutes — Regular Council Meeting July 24, 2007 — Page 10 Mayor Garrett opened discussion on Item 24 regarding the establishment of a municipal court of record. Presiding Judge of Municipal Court Rodolfo Tamez provided a background on the Municipal Court Technology Fund to properly equip courtrooms with technologies requirements and the development of the bill for the Court of Record. Council members asked questions regarding if the Court of Record applies to other cities; the process of recording; the timeframe for preservation of recordings; when the Court of Record will be operational; acquisition of a transcript; and the funding. Abel Alonzo, 1701 Thames, thanked Judge Tamez and the municipal court staff for their work on this item and also thanked the Municipal Court Committee for the reappointment of Judge Tamez. City Secretary Chapa polled the Council for their votes as follows: 24. ORDINANCE NO. 027351 Ordinance establishing the Municipal Court in Corpus Christi, Texas as a Municipal Court of Record, providing for the term and appointment of a presiding judge and associate judges of the Municipal Court of Record; authorizing the City Manager or his designee to appoint the Municipal Court Director to serve as clerk of Municipal Court of Record; providing for a savings clause; providing for a severability clause; providing for a repealer clause; and providing for an effective date. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 25 regarding the Oso Water Reclamation Plant Clarifier Structural Improvements. Director of Engineering Angel Escobar explained that the work for this project included replacing Bridge Nos. 5, 6, 7, and 8 and digester work and blower house work on No. 2. Council members asked questions regarding the work and cost for Additive Alternate Nos. 2 and 3; the phase of the project; future spending for the Oso Water Plant; and capital improvement projects that still need to be completed for the Oso Water Plant. City Secretary Chapa polled the Council for their votes as follows: 25. MOTION NO. 2007 -196 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 $4,546,750 for the Oso Water Reclamation Plant Clarifier Nos. 5, 6, 7, 8 /Aerobic Digester No. 2 /Blower House No. 2 Improvements for the Total Base Bid and Additive Alternate No. 1. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * ** ** * * * * * Mayor Garrett announced the executive sessions, which were listed on the agenda as fol lows: Minutes — Regular Council Meeting July 24, 2007 — Page 11 34. 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. 35. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 62055 -3, Cox, et al vs. City of Corpus Christi, in County court at Law No. 3, Nueces County, Texas, with possible discussion and action related thereto in open session. 36. Executive session under Texas Government Code Section 551.071 regarding Cause No. 06- 6434 -F, John Scott Fleming vs. State of Texas and City of Corpus Christi, in the 214th District Court of Nueces County, Texas, 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 motions were passed with the following vote: 35. MOTION NO. 2007 -200 Motion authorizing the City Manager to settle Cause No. 06- 62055 -3, Cox, et al, vs. City of Corpus Christi, in the County Court at Law #3, Nueces County, Texas, for the total sum of $245,000.00, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 36. MOTION NO. 2007 -201 Motion authorizing the City Manager to employ the law firm of Hermansen, McKibben, Woosley & Villarreal, L.L.P. to provide legal representation in Cause No. 06- 6434 -F; John Scott Fleming vs. State of Texas and City of Corpus Christi; In the 214th Judicial District Court, Nueces County, Texas, at an hourly rate not exceeding $200, subject to certification of funds. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 34. MOTION NO. 2007 -202 Motion to not reappoint John Rank as Judge of the Environmental Court Division C. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, and Marez, voting "Aye "; Cooper, Kelly, and McCutchon, voting "No "; Martinez abstained. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 27 regarding the appointment of Council Members as board members to the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting July 24, 2007 — Page 12 27. MOTION NO. 2007 -199 Motion appointing Council Members as Board Members of the Corpus Christi Housing Finance Corporation and the Corpus Christi Industrial Development Corporation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". * * * * * * * * * * * * * The Council recessed for the annual meetings of the Corpus Christi Housing Finance Corporation (CCHFC), Corpus Christi Community Improvement Corporation (CCCIC), and the Corpus Christi Industrial Development Corporation (CCIDC). * * * * * * * * * * * ** Mayor Garrett reconvened the regular Council meeting. Mayor Garrett opened discussion on Item 26 regarding the ad valorem tax rate. Director of Finance Cindy O'Brien explained that these items set the date to officially adopt the ad valorem tax rate for next fiscal year and set two public hearings for August 21s1 and August 28th as required by the State Property Tax Code. Council Members asked questions regarding the possibility of a lower rate; if the proposed rate is lower than last fiscal year; the inflation factors; the purpose of the effective tax rate; how long the City has not recognized the increase in tax values and the cost; and revenue from new growth. J.E. O'Brien, 4130 Pompano, spoke regarding reducing the tax rate and setting a time certain for the public hearings. City Secretary Chapa polled the Council for their votes as follows: 26.a. MOTION NO. 2007 -197 Motion setting September 11, 2007 as the date of adoption of the ad valorem tax rate of $0.584082 per $100 valuation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 26.b. MOTION NO. 2007 -198 Motion setting a public hearing on the ad valorem tax rate for August 21, 2007 and a second public hearing for August 28, 2007, during the regular City Council meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 31 regarding the adoption of the City of Corpus Christi Budget. City Manager Noe provided the Council with a list of recommended options for increasing funding for various organizations. Minutes -- Regular Council Meeting July 24, 2007 — Page 13 Ms. Cooper made a motion to amend the budget to including the following amendments: Amendment #1 *Increase appropriations for Downtown Management District - $19,927 *Increase appropriations for Internal Auditor Department - $99,300 *Increase appropriations for Education Advisor Department - $71,100 Amendment #2 *Increase appropriations for Asian Cultures Museum - $15,000 *Increase appropriations for Art Community Center - $15,000 *Increase appropriations for Jazz Festival - $2,500 *Increase appropriations for Museum of Hispanic Culture - $20,000 *Increase appropriations for Botanical Gardens - $20,000 *Increase appropriations for Conventions Promotion - $171,370 The motion was seconded by Mr. Elizondo and passed unanimously. City Manager Noe provided information regarding a request by Council Member McCutchon for options to increase marketing for the marina. Dr. McCutchon asked if there was a recommended amount of funding for the marketing. Assistant City Manager Oscar Martinez referred to the seven options that could be absorbed within the budget plus an additional $10,000 that could be redirected for the marketing campaign. Dr. McCutchon made a motion to increase the funding for marina marketing by $20,000. The motion was seconded by Ms. Leal and passed unanimously. There was a brief discussion regarding the green area at the marina. Mr. Marez made a motion to increase funding for the Downtown Management District by $10,000. The motion was seconded by Ms. Martinez and passed unanimously. Council Member members asked questions regarding the determination of the utility rate through 2008; the possibility of reducing the utility rates; and a hardship policy for low - income utility rate payers. Mr. Kelly made a motion to direct staff to develop an approach to address lowest income rate users. The motion was seconded by Ms. Leal and passed unanimously. Council members asked questions regarding the utility rate increase; future amendments to the budget; the MIS allocation including the call center and support technology for animal control; appropriation of funds for the Reinvestment Zone No. 2; adjusting the start date for the budget; increased funding for the Downtown Management District; a debt policy; and the revenue bonds. Bill Kopecky, 3609 Topeka, spoke regarding the need for an independent internal auditor and the City getting involved in education. J.E. O'Brien, 4130 Pompano, said he did not support the budget and spoke regarding changes to the budget being available to the public, reduction to the budget, and the capital improvement program. Mary Ann Kelly, 4302 Schanen, spoke regarding the capital improvement projects being addressed after the budget and the increase in utility rates. Abel Alonzo, 1701 Thames, spoke regarding the development of a program for the economically disadvantaged. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting July 24, 2007 — Page 14 31. ORDINANCE NO. 027352 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. (First Reading 7/17/07) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No ". Mayor Garrett opened discussion on Item 32 regarding the Classification and Compensation Plan. Director of Human Resources Cynthia Garcia said that the requested additional information regarding the city council health insurance was included in the City Manager's report. Council Member Hummell asked the City Attorney in light of the charter if it was legal for Council to receive benefits similar to full time city employees. City Attorney Mary Kay Fischer stated that her research indicated that it was. Mr. Hummell made a motion to address the issue of City Council participation in group hospitalization separately from the items set out in Item 32. The motion was seconded by Ms. Leal. City Secretary Chapa polled the Council for their vote as follows: The motion was passed and approved with the following vote: Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye "; Garrett, Cooper, Kelly, and Martinez, voting "No ". There were no comments for the audience. City Secretary Chapa polled the Council for their votes as follows: 32.a. ORDINANCE NO. 027352 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 Plan Ranges; revising Section 39 -304, 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; 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 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. (First Reading 7/17/07) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 32.b. regarding City Council participation in group hospitalization. Mayor Garrett called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the City Attorney's opinion, Council receiving health insurance as part-time employees and conflict of interest. Minutes — Regular Council Meeting July 24, 2007 — Page 15 City Attorney Mary Kay Fischer stated that Local Government Code, Chapter 171 has a provision that allows the filing of an affidavit if a majority of the council members have a similar interest on a matter and added that every council member signed an affidavit and filed it with the City Secretary to participate and vote on this matter. J.E. O'Brien, 4130 Pompano, said he disagreed with the City Attorneys opinion and spoke regarding council compensation and conflict of interest. Jack Gordy, 4118 Bray, spoke in opposition to the City Attorney's opinion and the limitation of council compensation. Abel Alonzo, 1701 Thames, spoke regarding a mayor /council form of government and placing Council participation for insurance in the Charter. Joan Veith, 5701 Cain, spoke regarding the Council receiving car allowance. Council members asked questions regarding if Council members are considered part -time employees; jeopardizing the health insurance plan; if the council compensation amount was voted on by the public; the ability to change council compensation; interpretation of the Charter; types of coverage; and the City's cost for insurance. City Secretary Chapa polled the Council for their votes as follows: 32.b. ORDINANCE NO. 027358 Amending the Code of Ordinances by revising Section 39 -309 "Coverage under the City's Group Health Plan for eligible employees" to add members of the City Council; 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. The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Hummell and Leal voting "No ". Mayor Garrett opened discussion on Item 33 regarding the proposed fee/rate increase adjustments associated with the FY2007 -2008 Budget. City Manager Noe presented this item. There were no comments from the audience. City Secretary Chapa polled the Council fortheirvotes as follows: 33.a. ORDINANCE NO. 027354 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. (First Reading 7/17/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No ". 33.b. ORDINANCE NO. 027355 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates; providing for an effective date; and providing for publication. (First Reading 7/17/07) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No ". Minutes — Regular Council Meeting July 24, 2007 — Page 16 33.c. ORDINANCE NO. 027356 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 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. (First Reading 7/17107) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Leal voting "No ". * * * * * * * * * * * * * Mayor Garrett called for the City Manager's report. City Manager Noe invited the Council to attend a recognition ceremony for the Human Relation's Department for receiving a public service commendation from the EOC on Thursday, July 26th at 10:00 a.m. in the Council Chambers with a reception to follow on the 6th floor. Mr. Noe announced a public meeting on Thursday, July 26th from 4:30 p.m. to 6:30 p.m. at the Oveal Williams Senior Center regarding the widening and improvements to Port Avenue. Mayor Garrett called for Council concerns and reports. Council Member Marez reminded the public that he will offer his salary as a donation to non - profit organizations and thanked the Caller Times for publishing in Sunday's paper. Council Member McCutchon invited the public to attend the Town Hall Meeting in District 4 regarding the Memorial Coliseum on Wednesday, July 25th at 6:00 p.m. at the Garden Senior Center. Dr. McCutchon spoke regarding water quality postings to educate the public on elevated bacteria levels; the timeframe of yellow lights in red camera zones; a policy for the no wake zone in Packery Channel; funding for lifeguards at Magee Beach; surface treatments on Ocean Drive; and natural gas vehicles. Council Member Leal thanked all city employees for their hard work. Ms. Leal thanked the citizens of District 3 for taking interest in the Memorial Coliseum issue. Council Member Leal, on behalf of the Molina residents, thanked the graffiti cleaning crews for removing the graffiti at the Veterans Memorial. Council Member Hummell reported on pot holes located on Oleander Avenue. Mayor Garrett thanked City Manager Noe, Assistant City Manager Martinez and staff for their work during the budget process. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:20 p.m. on July 24, 2007. AN ORDINANCE APPROPRIATING $13,975.69 INTO THE LIBRARY CIP FUND NO. 3210 FOR IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY FROM THE FOLLOWING SOURCES: $1,739.68 FROM MINERAL INTEREST FROM THE WILLIAM T. NEYLAND ESTATE AND $12,236.01 FROM UNAPPROPRIATED INTEREST EARNINGS FROM THE LIBRARY CIP FUND NO. 3210; CHANGING FY 2006- 2007 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 026997 TO INCREASE APPROPRIATIONS BY $13,975.69; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $13,975.69 is appropriated into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library from the following sources: $1,739.68 from mineral interest from the William T. Neyland Estate and $12,236.01 from unappropriated interest earnings from the Library CIP Fund No. 3210. SECTION 2. That the FY 2006 -2007 Capital Budget adopted by Ordinance No: 026997 is changed to increase appropriations by $13,975.69. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 21St day of August, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APyROVED AS TO FORM: 15- Aug -07 Chi Of( -,a Veronica Ocanas Assistant City Attorney Corpus Christi, Texas Day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: 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 Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 18 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Public hearing on proposed ad valorem tax rate increase. City Council Action Date: August 21. 2007 ISSUE: The State Property Tax code requires that two public hearings be held when a taxing unit proposes to impose an amount of property taxes that exceeds the preceding year's property taxes. The fiscal year 2007 -2008 budget approved by the City Council on July 24, 2007, includes a proposed tax rate of .5 84082 per $100 valuation, which is a 3.04% decrease from the prior year's ad valorem tax rate of $0.602372 per $100 valuation. Although the rate included in the budget is lower than the rate used for fiscal year 2006 -2007, it produces more property tax revenues than the preceding year because of increased property values. The rate included in the budget of $0,584082 per $100 valuation does not exceed the rollback rate of $0.593019 per $100 valuation, but does exceed the effective tax rate of $0.549193 per $100 valuation. As a result, two public hearings must be held. This is the first of the two public hearings. The second public hearing will be held on Tuesday, August 28, 2007 REQUIRED COUNCIL ACTION: Hold a public hearing to enable taxpayers to express their views on the proposed tax increase. PREVIOUS COUNCIL ACTION: July 24, 2007 — City Council adopted the City budget for fiscal year 2007 -2008 based on the proposed tax rate of $0.584082 per $100 valuation. July 24, 2007 — City Council voted to schedule September 11, 2007 for adoption of the ad valorem tax rate of $0.584082 per $100 valuation and voted to schedule two public hearings on the proposed ad valorem tax rate for August 21, 2007 and August 28, 2007, FUTURE COUNCIL ACTION: August 28, 2007 - Hold a second public hearing to enable taxpayers to express their views on the proposed tax increase. September 11, 2007- City Council to vote to adopt the ad valorem tax rate of $0.584082 per $100 valuation. CONCLUSION AND RECOMMENDATION: No formal City Council action is required. However at the end of each public hearing, the Mayor must announce that during the September 11, 2007 Council muting beginning at 10:00 a.m. at City Hall, the City Council will vote on the proposed tax rate. Attachments: Background Information August 12, 2007 publication in Caller -Times — Notice of Public Hearing on Tax Increase August 5, 2007 publication in Caller -Times — 2007 Property Tax Rates Power Point Presentation j 4..4. Cindy O'Brien Director of Financial Services BACKGROUND INFORMATIQN The State Property Tax Code (Code) requires that a taxing unit hold two public hearings when the taxing unit proposes to impose a tax rate that exceeds the lower of the rollback tax rate or the effective tax rate. The effective tax rate is a calculated rate that would provide the taxing unit with about the same amount of revenue it received in the prior year, on properties taxed in both years. It is generally equal to the prior year's taxes divided by the current year's taxable values of properties that were also on the tax roll in the prior year. The rollback tax rate is a calculated maximum rate allowed by law without voter approval. The rollback rate provides the taxing unit with about the same amount of tax revenue it spent the previous year for day- to-day operations plus an extra 8% increase for those operations, in addition to sufficient funds to pay debts in the coming year. This rate divides the overall property taxes into two categories — maintenance and operations M& taxes and debt service (I&S) taxes. The M portion of the tax rate is the rate that would be needed to raise eight percent more operating funds than the unit levied in the preceding year. This calculation is similar to the effective tax rate calculation. The I &S portion is the tax rate that will be needed to pay the entity's debt payments in the conning year. This part of the calculation does not depend on the prior year's debt taxes. It only considers what the entity will need for the current year. The portion of the overall rate used to retire debt may rise as high as necessary without triggering a potential rollback. The M&O portion, however, may rise only eight percent. The Certification of 2007 Appraisal Roll received from the Nueces County Appraisal District reports a total certified net taxable value, including properties under protest, of $ 13,1 07,205,639, This compared to the 2006 certified values of $ 11,421,305,918 reflects a 1 4.76% increase in property values. Of this mount, $470,21 8,968 is attributed to new growth, or 3.59 %. The fiscal year 2007 -2008 budget approved by the City Council on July 24, 2007, includes a proposed tax rate of $0.584082 per $ 100 valuation, which is a 3.04% decrease from the prior year's ad valorem tax rate of $0.602372 per $ 100 valuation. The proposed allocation between the General Fund 1 and the Debt Service Fund (IBIS) for fiscal year 2007 -2008 is $0.384907 and $O.199175 per $ 100 valuation, respectively. In compliance with the financial policies adopted by the City Council, the M&O rate was calculated based on the estimated effective M&O rate for fiscal year 2007-2008. If the actual effective M&O rate is used, this would cause the total tax rate to drop to $0.563846 per $100 valuation, while still generating almost the same amount ofrevenue included in the adopted budget. Although the rate of $0.584082 per $100 valuation does not exceed the rollback rate of $O.59301 9 per Si o valuation, it does exceed the effective tax rate of $O.5491 93 per $100 valuation; thus requiring two public hearings. As required by the Code, a "Notice of Vote on Tax Rate" will be published on September 2, 2007 in the Corpus Christi Caller - Times. Notice of Public Rearing on Tai Inerease mdIIftNIZj.I)$Ww.( aw�weo adN1�nMIno rr �e�nwwNllaM1���MTr�p� �r I$110035 Wag ft ��*I�IIiMnmtZhlgpIIl the Mo�l rlra4i' Ei�M�I1NMl Milwyp is woo* MIiNefrl l�►p1�grM�p�p�� q��M shod Oeu�epCA� �p,�,�� �.p�� �nL' Mst10e00AMd�7R= ID1iri�Wl .ow�lt�1„at„sb„�,ui��10�0oAu�.e riwanlra WMKgwwdngboq man gw prepaid ee caddy blui lame so Hew *GAR MUM end mtveil* Camp MoIbin: Law ao%. K* Min Meta MeCuiclien Melee Cage Nike Ihrivail Mullis Mal Nola 114mIner Comparison or sremw Budget milli List Tun Budget 71,4+AMableMlMbIsLetesswarns= (et dtlArNla}Miw awe Mlis1N MioM�s I1wF��iA.weria �eeuaotteey�N il�law�dr.re�tf��IW1 � �ppp� M�dwMdAtMA�! �rOuMwrdwi�t riabe twice 3" kaftan TOM almighty', LIS% berms Thal Approbed Value aged TNy Taxable Vsfw ar adobe/ utter aaetlw 36A4 nu Geis Roa1leetkx Vat !17`7110.146 Sl1flfy0i t11,411,105,9111 =A7'D1.R1 Booded 7'rltllef�� 1�MIea�1mblMieq114lira7 Tax Ram Tsui waked whit ehawprepwir MN one* i pep, PM Male whew Eons pow* Come Tin Year IMMO 11,E 'IUll.N$ Moped mew l r ille poesedinggaw homed MOW �� tplODb� SWUM pulite In Woo Nikon le ilspiepese as lid the shoed we reep Ibr pevollog wiper SP4111390) .84100 Mehl Thee tax rate %MO are NI adjosted tsinges in es Webb vain of property. Comp lace st Saddam Rameistaad Value; led sable Woo et Name lismaidedi eft *owe les the pr,adiris in yam led lie wrest sopa PasidIng TN Yew Maw fa Miff/ pig I UN $1 2,409 404014 /Whim lemoussd worskili %slug Remoased Otespien mine l "psi* wit suiediss amepIleng Os person 6S yesm trap srMet et &O monis wilt Ws Ws seldom agemild (saludiniopeltheesidem Irk Orem Ow moldy orb Companies of ldose Minatod Tame Theme elfsmdbalid) ittioihnial is be SOUL mound Omingegia Ihol wide los been lapsed do prosedits woo lehillose h sibs moo into fueoligtkil Om* misidiu its poem 65 pm asp 6, YannibarliPlkialeShis OA Mad U 1'.P� � �� � 1� l � � tome ohm p� imams b a � Ilso 01 *Sew is Se mood kill defined bp SOWN LOOM, Tat �.� � hating 240412(11), Cede. Ta Cif. 1*70 010070 Tag Rate Information Published in the Corpus Christi Caller -Times on Sunday, August 5, 2007 2007 Property Tax Rates In City of Corpus Chrbd This notice COMMIS 2007 property tax ram for City of Corpus Christi. It pests information about three tax rates. Last yeaa?s orx sate is the actual rate the toxins unit used to determine property axes last year. This yews effete tax rate would impose the same total is as last year if you compare reopcnien axed in bath years. This yeas rollback tax rate is the highest tax rate the taxing unit can set before tars can start tax rollback procedures. In tech case these rimes are found by dividing the total amour dt of axes by the ax bye (the total value of taxable property) with adjustments as required by state law. The ragas are given per $100 of ply value. Est year's tax rate: Fast yews operating taxes $43,164,297 Last year's debt won 121,322,997 Last yes total tam $64.4$7,$ 4 Lit yews tax base S10.70509,294 Last yeses load ax rate 0602372 4100 This year's effeedve tax rate: Last year's adjusted taxes 163,210.573 (after subtracting taxes on lost property) + This year's adjusted tax base si 1,509,714F64O (afar subtracting due of new property) This year's effective tax rage 0.5+ 9193 /$100 aferchtnert rate Wes: vat pablithes notices and hokis hearings.) Tbb yew's rollback t ai rate: Last year's scljumloperating taxes (after S41.972,595 subtracting texes an lost property and adjusting fOr any transferred Maio% tax increment wing, and/or enhanced indigos lath care expenditures) + This yes added ax base $11.509.714,640 g i This year's effective operating rate 0.3646714100 x 1.08 this yeah maximum operating race 0.39844 4100 + This yew's debt rate 0.199175 /$100 mt This yeses total rollback rate 0.593019 4100 Statement at If City of Corpus Christi adopts a 2007 tax rate equal to the effective tax rate of $0.549193 per $100 of value, tnes would increase compared to 2006 axes by $1,305.063. Schedule A - Unencumbered Yazd inneu The following estimeted bad will be left in the unit's property tax aixou to at the end of the fiscal year. These balances are not encumbered by i corresponding debt obligation. Type of Property Tax nod Balance General Fend - -- 124,566,977 Debt Service 110,099,697 Schedule B - 007 Debi &nice The unit plasm to pay the following amounts for Tong -team debts that acre secured by property taxes. These ammo will be paid from property tax revenues or additional saw Hoc revenues,, if applicable). PrIaolpil •r Worm to be Contract Payment Paid fres. Oar Diserilodan b be hid bww Properly Aga Total - ofDeb# Properly:fun Taw No be Paid PaYsiat 1996 Caddie:Ace of $% $43 $29.447 SO 1210,290 2000 Oxiiaosics of 54914324 1101,049 SO S599,373 2001A Oeseral $317,450 5904,723 SD $1 Obligation 2001E Owe& $2,515,730 1143,180 SO 0461.10 NC Certificates of $960,47$ $1,042.177 SO S2,OO2,655 Obligation 2003 dal 13,023,091 $335,759 SO S3,377,$50 2004 Certificates of S204,956 S217.883 SO S422,139 2404 Omni S4,404,537 5416.944 $O 14. 1,#11 Obligetion 2005 Game] • S1,430,671 $3,321,621 10 54.752,299 2005 Cardamon of S329,537 $664.245 SD $993,7$2 Obligation 2006 Carder of $D X7,159 10 5687,159 Obligation 2007 Certificates o f SO S225,316 SD S225,316 Obligation 2007 General 10 $123,550 SO 1123.530 Obligation 2007AOeaeral SD S1,044,803 SD 51.044,103 0 Total Required fix 2007 Debt Service 123,143,210 Amount (irony) paid from funds listed in Schedule A 10 Amount if any) paid from other resources 10 - Excess collections last year 10 Total to be paid Arum taxes in 2007 123,145,210 + Amount added in sapid on that the unit will 571 3,131 collect only 97.03% ofd taxes in 2007 - Total Debt Levy 123,161,041 This 1todce contains a summary of actual effective and rollback tax rant calculations. You can inspect a copy ° ete fir11 calculations at 901 mod, Suite 301, Corpus Cluisti, Texas 72401. Larne of person prepuing this notice. Ramiro R. Cam, CTA Title: Nueces County Tax Date Prepared: August 1, 2007 Proposed 2007 Ad Valorem Tax Rate City Council Meeting Public Hearing August 21, 2007 Definitions • Effective TRate - calculated rate that would provide a taxing unit with approximately the same amount of revenue it received in the prior year, on properties taxed in both years. (Does not take into consideration additional debt service requirements) • Rollback Tax Date - calculated maximum rate allowed by law without voter approval. Rollback rate calculations allow taxing units to raise the same amount of maintenance and operations M revenue raised in the prior year, plus an 8% increase. (Does take into consideration additional debt service requirements) 1 0.540000 History of Assessed Valuations *2006 Net Values revised to include protested properties Tax Year Total Net Values % Change New Growth % of Net Value 1996 $ 6,745,559,944 4.34% 141,184,625 2.09% 1997 $ 6,965,898,936 3.27% 162,389,623 2.33% 1998 $ 7,226,045,864 3.73% 145,981,537 2.02% 1999 $ 7,462,585,204 3.27% 163,357,668 2.19% 2000 $ 7,652,057,403 2.54% 145,304,509 1.90% 2001 $ 8,029,325,055 4.93% 154,277,569 L92% 2002 $ 8,426,656,727 4.95% 147,526,737 1.75% 2003 $ 8,947,896,398 6.19% 157,308,722 1.76% 2004 $ 9,639,561,772 7.73% 212,973,052 2.21% 2005 $10,488,024,828 8.80% 276,420,033 2.64% 2006 * $11,421,305,918 8.90% 280,797,998 2.46% 1:.?o7 $13,107,205,639 14.76% 470,218,968 3.59% History of Ad Valorem Tax Rates TiX Yr 1879 1990 1981 0.740000 Total Rata Md 185 Tax Yr 0.444000 0396000 1895 0.660000 0420000 _ 1994 0.620000 9.380000 0.240000 1995 0.568000 0.348700 0321300 1900 0.548000 0.346700 0321300 1997 0.565000 0405000 0.159400 1998 1985 1988 0.506000 0405070 0.159130 0.565000 0404620 1957 0.683440 0.160180 0416300 Total Rote 0.517958 0.6127'28 M &O 0445064 1 0.172904 0441296 1 0.171430 0.612726 0439636 I 0.1790 0.623728 1 0.444536 1 0.179190 0.423n6 1 0444536 1 0.179190 0.623728 1 0.445335 1999 2000 0.161610 0.623726 1 0.466133 0.623726 2001 0.844175 0459560 0.120440 2002 0.644175 0.467500 0.122500 2003 0.644175 0463133 0457623 0.174390 0.155593 0.160593 0.186652 0460031 1 0.164144 0466564 1 0.177621 0.451099 0.138901 2004 0,634175 0455450 0.131150 2005 0.625799 0472290 0.131160 0480000 1 0.174175 0426024 0.199175 2006 0.602372 0403197 1 0.198176 z 2007 Tax Rates (per $100/valuatlon) • Effective Tax Rate o M &O (Maintenance & Operations) Rate ▪ Rollback Tax Rate ▪ M& (Maintenance & Operations) Rate • MS (Interest & Sinking Fund) Rate • Ad valorem tax rate included in the FY 07-08 Adopted Budget o M &O (Maintenance & Operations) Rate • I &S (Interest & Sinking Fund) Rate • Proposed ad valorem tax rate using true Effective O&M Rate o M &O (Maintenance & Operations) Rate o MS (Interest & Sinking Fund) Rate • $0.549193 ❑ $0.364671 • $0.593019 O $0,393844 0 $0,199175 ■ $0.584082 ❑ $0.384907 O $0.199175 ■ $0.563846 ▪ $0.364671 ▪ $0.199175 Tax Rate Facts ■ Tax Cap = M80 + I$S = $0.68 (excludes voter approved debt) • Increased I &S Rate by 2 Yx cents in FYO5-06 to fund $95M for voter approved Bond2004 protects • issued $60M in Bonds in 2005 • Issued $35M in Bonds in 2007 3 Closing Comments ■ ETR does not take debt service requirements into consideration • Bond 2004 voter approved projects allowed for a 21/2 cent increase in Debt Service rate to fund $95MiIIion • Existing debt requirements under cap will drop by over 40% in F 0 - 9, allowing for possible Bond2008 funding Without tax increases • Adoption of tax rate is scheduled for September 11, 2007, and can be revised by Council at that time. 4 19 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: August 21, 2007) Case No. 0707-02, JT'J Investments, Inc.: - A change of zoning request from a "R-1B" " Or e- family Dwelling District to an "A -1" Apartment House District, Nueces Gardens 1, Block 1, Lots 4 and 4A, located on Violet Road, approximately 300 feet south of Mayfield Drive. i!aflfl1nE C & Staff's Recommendation (July 11, 2007): Approval of the "A-1" Apartment House District Requested Council Action: Approval of the "A -1" Apartment House District. Summary: • Request: The applicant is requesting a change of zoning from a "R-1B" " One - family Dwelling District to an "A-1" Apartment House District for the development of approximately sixty (60) multi- family residential units with a variety of one and two bedroom units on 4.8 acres. There are currently no specific plans for the project. • Zoning: The purpose of the "A-1" District is to provide for medium density residential development. This district permits uses such as multiple- family dwellings, assisted living facilities, two-family dwellings, and single- family residential. • According to Article 24 of the Zoning Ordinance, the "A-1" District permits 21.78 units per acre. The minimum front yard setback is twenty (20) feet with a minimum of ten (10) foot side and rear yards for one story structures, plus five feet for each additional story. The maximum height of structures may be forty -five (45) feet. The minimum open space requirement in the "A..1" District is 35% of the total lot area. A six-foot screening fence is required when developed as multiple- family adjacent to single - family zoned properties. • In contrast, the "R-1B" District would permit approximately thirty-three (33) single- family units on this property. The minimum front yard setback is twenty -five feet and side and rear yards of five feet. Each lot in the "R-1B" District is required to contain at minimum frontage of fifty (50) feet. The open space requirement is 30% of total lot area. • Existing Land Uses: The subject property is currently vacant with approximately 200 feet of frontage along Violet Road on the western side of the property and Leonard Drive on the eastern side of the property. The property to the north has an existing mobile home park. The property to the east is currently vacant and a single - family residence is located to the south. Commercial and single - family residential is developed to the west. • Utilities: Water, wastewater, and gas are available to the property along violet Road. • Transportation: The property will be served by Violet Road, a designated arterial in the Urban Transportation Plan. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated with sixty proposed multifamily units could generate approximately 395 vehicle trip ends per day. Based on the Texas Department of Transportation 2001 traffic counts, the average daily trips (a.d.t.) on Violet Road are 8,590 a.d.t. Agenda Memorandum Case 0707-02 J'T.I Investments, Inc.) Page • Comprehensive Plan/ Future Land Use: The Northwest Area Development Plan future land use map recommends low density residential for the subject property based on the vacant property being annexed with a "R-1B" District. The zoning change is supported due to the existing mobile home park use adjacent north of the property being similar in density as the "A -1" District, a neighborhood commercial district is located across Violet Road, and the property's location on Violet Road, which is a four lane arterial roadway. The placement of multifamily units along arterial roadways is generally more compatible than the placement of low density residential along arterial roadways. Notification: Of the forty-three notices mailed to the surrounding property owners, four were returned in favor and one (1) was returned in opposition (3.39%). The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. cut° Deborah A. Marroquin, P.E. Interim Director of Development Services DIVINGMblp Attachments: 1) Zoning Map 2) Planning Commission Minutes (July 11, 2007) 3) Ordinance H:IPLI -DIR\ HAREDIB verly\2OO7 CCUull07‘0707-02 AGENDA MEMO.doc PIMfProje t Manager Sr.CP /CP Planning Director CITY COUNCIL ZONING REPORT Case No.: 0707 -02 City Council Hearing Date: August 21, 2007 Applicant: JTJ Investments, Inc, Owner: Lazard Lopez Agent: Wayne Lunquist Legal Description/Location: Nueces Gardens 1, Block 1, Lots 4 and 4A, located on Violet Road, approximately 300 feet south of Mayfield Drive. tii) iron CI cri aj From: "R-1B" One - family Dwelling District To: "A -1" Apartment House District Area: 4.8 +/- acres Purpose of Request: To develop property with multifamily units. Existing Zoning and Land Uses 1 Bonin - -.... Existing Land Use Future Land Use Site "R-1B" One-family Dwelling District Vacant Low Density Residential North "11.-1B" One-family Dwelling District Mobile Home Mobile Home South "R -1 B" One - family Dwelling District -- Vacant Low Density Residential Low Density Residential East ! "R-1B" One-family Dwelling District Vacant Low Density Residential West "R-1B" One family Dwelling District 1 "B -1" Neighborhood Business District Low Density ; Residential 1 Commercial Low Density Residential Commercial ctv ch 14' c det Area Development Plan: Northwest ADP - The proposed development is not consistent with the future land use map that currently supports low density residential for the subject property based on the vacant property being annexed with a "R-1B" District. However, a modification to the future land use map could be supported due to the property adjacency to an arterial roadway, the neighborhood business district to the west, and the development of manufactured home area to the north. The manufactured home area has a density similar to the requested district. Map No.: 062049 Zonin Violations: None I :\ LN- I \SHARED\ v rl rl 7 P I I RPTS\Jut 1 CC Rpts\0707-02 JTJ Inv tm ts.do Zoning Report Case No. 0707-02 (JTJ Investments, Inc.) 0 6 a • Request: The applicant is requesting a change of zoning from a "R-113" One - family Dwelling District to an "A -1" Apartment House District for the development of approximately sixty multi-family residential units with a variety of one and two bedroom units on 4.8 acres. There are currently no specific plans for the project • Zoning: The purpose of the "A -1" District is to provide for medium density residential development. This district permits uses such as multiple- family dwellings, assisted living facilities, two- family dwellings, and single- family residential. • According to Article 24 of the Zoning Ordinance, the "A-1" District permits 21.78 units per acre. The minimum front yard setback is twenty feet with a minimum of ten (10) foot side and rear yards for one story structures, plus five (5) feet for each additional story. The maximum height of structures may be forty -five feet. The minimum open space requirement in the "A -1" District is 35% of the total lot area. A six -foot screening fence is required when developed as multiple- family adjacent to single - family zoned properties. • In contrast, the "R-1B" District would permit approximately thirty -three (33) single - family units on this property. The minimum front yard setback is twenty -five feet and side and rear yards of five feet. Each lot in the "R-1B" District is required to contain at minimum frontage of fifty feet. The open space requirement is 30% of total lot area. • Existing Land [uses: The subject property is currently vacant with approximately 200 feet of frontage along Violet Road on the western side of the property and Leonard Drive on the eastern side of the property. The property to the north has an existing mobile home park. The property to the east is currently vacant and a single - family residence is located to the south. Commercial and single- family residential is developed to the west. • Utilities: Water, wastewater, and gas are available to the property along Violet Road. • Transportation: The property will be served by Violet Road, a designated arterial in the Urban Transportation Plan. Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated with sixty (60) proposed multifamily units could generate approximately 395 vehicle trip ends per day. Based on the Texas Department of Transportation 2001 traffic counts, the average daily trips (a.d.t.) on Violet Road are 8,590 a.d.t. • Comprehensive Plan/ Future Land Use: The Northwest Area Development Plan future land use map recommends low density residential for the subject property based on the vacant property being Annex with a "R-1B" District. The zoning change is supported due to the existing mobile home park use adjacent north of the property being similar in density as the "A -1" District, a neighborhood commercial district is located across Violet Road, and the property's location on Violet Road, which is a four lane arterial roadway. The placement of multifamily units along arterial roadways is generally more compatible than the placement of low density residential along arterial roadways. HI: \PEN -DIR \SHARED \Beverly12007 P \ RPTS\July\ Rpts\0707-02 JTJ Investments.doc Zoning Report Case No. 0707 -02 JTJ Investments, Inc.) Street R.O.Q. Street Type Paved Section Volume Source: 2001 TxDDT Traffic Map Violet Road A2- Arterial 1 0 feet (54 feet back to back) - - - -- -- - 8,590 a.d.t Leonard Drive Local 60 feet N/A - - - • i ri.; a The subject property is platted. *4 45 CIO . f i ,. e • The placement of multifamily units along arterial roadways is generally more compatible than the placement of low density residential along arterial roadways. • The "A-1" District is similar in density to the existing mobile home park to the north. ci l cn •— 4 6 cd ndation I Approval of the "A-1" Apartment House District. Approval of the "A-1" Apartment House District. 0► 0 CD E Ti E ro Number of Notices — 43 Favor Opposition - 1 39% (As of August 8, 2007) Attachments: Zoning Map Ownership Map Ownership List Comments received from Public Notices mailed H:\PLN-DIR\SHARED\Beverly\2007 P NRPTSIJul r\ Rpts\0707-02 JTJ Investrnents.doc A-1 A -1A A -2 AB AT B -1 B -IA B-2 B-2A B-3 B-4 9 -5 9-a BD F -R HC Apartment House District Apartment House District Apartment House Distract Professional Office Disb id Apartment - Tourist District Neighbort od Business District Neighborhood Business District Bayfront Business District Barrier Island Business District Business District General Business Distract Primary Business District Primary Business Core District Corpus Christy Beach Design Dist, Farm Rural District Historical- Cultural Landmark Preservation 1 -t 1 -2 1 -3 PUD R -1A R -1B R -1C R -2 RA RE R -TH 9P T-1A T -1 B T -1C Limited Industrial District Light Industrial District Heavy Industrial District Planned Unit Development One Family Dwelling District One Family Dwelling District One Family Dwelling Disthct Multiple Dwelling District One Family Dwelling District Residential Estate District Townhouse Dwelling District Special Permit Travel Trailer Park District Manufactured Home Park District Mired Home Subdivision District kspar.d ay, SRA Prwlv oat.- 825'27 Pm.st Sow*. City of Ccous • 00.41.0.1S...... t1-pLw.o�RtisHARw GIs raN t* »a*as OflI G CASE O7O7 O2 xa WAIEF @ EXPENM7 OWNERSHIP IMSubject Property 'I Owners within 200 feet listed on attached ownership table Flwand rR F.Mirg Dow WNW Pimp. Sum, Cake Corp. comas Oevelopmerit S.ry es .: rl:PL+1-DHl HARE0v01$ Proppes+a.rn+tOHUrIQ CASE 07O742_nud 1 9. 7E 7.4 2 c rn zu gg )to A {F ii T C 5 V=m; z 7. I.r' . w .i - i•.' wr r - i. {, 4,, , - o E ir��rac��� ill ��creic �cc'�c ac-• �ricicr� ��� � Illitit .f wJ �. � Al i r r i - i i ..a o .. ..� � �. � � N. EE t alg riiiEtli i r E ,� ,+ as r g L -+ A+ ! r ! hPErgti*0010 eEW"ii;;"i'l • 4r,4-';i0k;IN!"ErallZii<;*i S { +," -t E r r r w EiZ"241 V F4 gio -> '-'448biel: ; mOlg- t7, -gip ° . griA L. - P !=.1 0 F.5" RI. rw , c.:. N g m.-. . 5E6 ; i ; 1E8 z g illWirViliriiihigilgiiinil 4;1110-i, Et ;104;-;104i'lm'ffi'i k-Fri 116 Ey 0 Plow 5 -4 _,T, rc-,E4 v5sEt i 64 g 2,1v g m tda 013IJAVM 4 Dit i a.F ai t M i i i g i - T T ' �n T ors E. r M f m m m jT1 m m m lillii ii iliniiiiiiiiiiiiiiiiiiiiii iiiiiiiiiiiiiiiiiiiiMiliiiiiiiiiiiii .vc4,...4-rmi....--ffiE,F44,4.4444-4i144,4E.-----. ''' � ��Iv�w �# �+w���v�i �1+i7i�#+i�l �#�1�'1.`I � ��f�v� Ip i i i xxxxxxxxvxxxxxxxxx tztEzl gco wcoc oo -oc occoo�voo- .0000c0ccc -wovo 1 i' ; 1""""""111"11111111111110!! Tf T Cy T . g m ir` Wi"TiliWii �'ms"I�Omdo►r `- r#P�"��F��� D . -EGA " � 7 ✓ • g P, -" : r FJ N ih r N 't, N ' +i W ti Po 11 E. r 7 >, y i 4 yam, �h} t yy O. i i I'f4 4S � p Cg Ct C00 CC pG r . . Cb 4 Cc o o c c po o w o o c o p o o m. o m cc . CC .- c Cc o C`CEC G G C1.4' CGee,GI.C-SiS bGE00CE.212 cc ccc1f COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0707 -02 Name: JTJ Investments, Inc. Circled =FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 43 1 I. Notices returned from within the 200 -foot notification area: Favor: 4 #3, #4, #26 The Ecallaw Family Trust, 5309 Williams, Corpus Christi, TX 78411 Ph: 361 - 994 -10$9 (No Comments) #29 Lazaro Lopez, P.O. Box 4222, Corpus Christi, TX 78469 Ph; 361- 549 -8553 (No Comments) Opposition: 1 (3.39 %) #30, Sandra Jean Guerrro, PO Box 10801, 7$460 (no comments) H. Responses received from outside the 200 -foot notification area: Favor: 0 Qpposition: 0 M. Responses received from owners /applicants of subject area: Favor: 1 (see #29 above) Opposition: H:\PLN-DER\SHARED\Beverly\2007 PC\PUBLIC C MMENT \07 7- .doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — July 11, 2007 5 :30 P.M. COMMISSIONERS PRESENT: Chairman Bryan Stone Rudy Garza, Vice Chairman Atilano J. Huerta Arrived at 5:38 pm Evon J. Kelly Michael Pusley John C. Tamez Johnny R. Martinez James Skrobarczyk COMMISSIONERS ABSENT: Fred Braselton STAFF PRESENT: Johnny Perales, PE, Interim Assistant Director of Development Services /Special Services Sylvia Arispe, Process Improvement Manager Shannon Murphy, AICP, City Planner Miguel S. Saldafia, AICP, Senior Planner Gary Smith, Assistant City Attorney Beverly Lang - Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espafiol a ingls en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5 :33 p.m. Iv. ZONING 2. New Zoning a. Case No. 0707-02 JTJ Investments, Inc,: A change of zoning from a "R-1B" One- Family Dwellin, District to an "A -1" A'artment House District 4.8 acres out of Nueces Gardens #1, Lots 4 and 4A, Block 1 Shannon Murphy presented the above case via Power Point stating the applicant is requesting a change of zoning from a "R-1B" One - family Dwelling District to an "A -1" Apartment House District. Ms. Murphy stated the property is located on Violet Road, approximately 1500 feet south of Leopard and is currently vacant land. Adjacent property uses are a mobile home park to the north,,eo mercial to the west and vacant to the south and east. Planning Commission Minutes July 11, 2007 Page 2 Ms. Murphy stated the applicant is requesting to develop sixty multi- family residential units with a variety of one and two bedroom units. The "A -1" District permits uses such as multiple - family, assisted living, two - family and also single family with a maximum density of 2138 units per acre. The Northwest Area Development Plan future land map recommends low density residential for the subject property. Ms. Murphy stated that although the proposed use is not consistent with the future land use plan, the zoning change is supported because of the existing mobile home park use adjacent to the property is similar in density as the "A -1" District, the neighborhood commercial district across the street, and the property's location on Violet Road, a four lane arterial roadway. The placement of multifamily units along arterial roadways is generally more compatible than the placement of low density residential along arterial roadways. Forty -three notices were mailed to adjacent property owners within 200 feet. Four notices were returned in favor and one in opposition (3.39%). Staff recommends approval of the "A-I" Apartment House District. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion was made by Commissioner Tamez and was seconded by Vice- Chairman Garza. Motioned passed unanimously with Commissioner Braselton being absent. H:WLN- D1R \SHAREDIB ERLY\2OO7 UUL'O71 7O7 MINUTES.DOC Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY JTJ INVESTMENTS, LTD., BY CHANGING THE ZONING MAP IN REFERENCE TO NUECES GARDENS 1, BLOCK 1, LOTS 4 AND 4A, FROM "R-1B" ENE- FAMILY SWELLING DISTRICT TO "A-1" APARTMENT HOUSE DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the city Council its reports and recommendations concerning the application of JTJ Investments, Ltd., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, July 11, 2007, during a meeting of the Planning Commission, and on Tuesday, August 21, 2007, during a meeting of the City Council, in the Council chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the .City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Nueces Gardens 1, Block 1, Lots 4 and 4A, located on Violet Road, approximately 300 feet south of Mayfield Drive, from "R-1B" One-family Dwelling District to "A-1" Apartment House District. (Zoning Map 062049) (Exhibit) SECTION . That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION . That the Zoning Ordinance and Zoning Map of the city of Corpus Christi, Texas, approved on the 27th day of August, 1 937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. 1-1:1LEG-DIR‘SharediGaryS‘agenda\2007k8-21‘ORD-zoning0707-02-JTJInvest-NuecesGardens.doc Page 2 of SECTION 6. 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 are 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 88. 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 21st day of August, 2007. ATTEST: Armando Chapa City Secretary APPROVED: ED: August 15, 2007 i G ry 1; Smith -- - - - - -- Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi HALE -DiRk h aredh ary lagenda1 00 1 - 1 \O D- oning07 7 -0 - 0- Jinvest- u ces ardens.doc Page 3 of 3 Corpus Christi, Texas day of , 2007 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I we, therefore, request that you suspend said charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli undo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon HALEG-DIR‘SharediGarySiagenda1200718-21NORD-zoning0707-02-JTJInvest-NuacesGardens.doc NOTICE CASE # 0707 -02 ZONING Apar miorit House Dim A-IA Apwrtrnent House District A-2 Aparenwd House District AB Praha anal Office Distict AT Apartru n t- Toxpist Dist B -1 Neighborhood Business District B -1A Neighloorliood &Skins District 13.2 Bayarr# Ins District B•2A Barrier island Business District B-3 Business District B-4 Garweral Business District 9~5 Primary Business District Bo, Primary B,au : Core Oislfict BD Corpus Christi Beech Design Dist. F -R Faun RUM Dist HC HistwiC ultural Landmark Reser1l W •• Or WI Proms pug rf: c N G01r* Mwip . 1.++.ru 141,4.* 1 -1 LimitrMd Industrial District 1.2 Light Industrial District 1-3 Heavy Industrial District PIED Planned Unit Development Ft-1A One Family Dwelling District R -1B One Family Dwelling District R -1C Ones Family Dwelling District R-2 Multiple Draping District RA One Family Dwelling Dish RE Residential Estate District R-TH Towrtrawse mug District SP Special Permit T -1A Travel Trailer Park District T -1 S Lianulactured Horne Pirk Disti t T-1C Manufactured Home SubdV;iion Distract 20 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: August 21, 2007) Case No. 0707-03, LSCC Holdings, LLC.: - A change of zoning request from a "R-1B" One- family Dwelling District to a "W4" General Business District, 0.697 acres (Tract 1 ) and 0.298 acres (Tract 2), both out of Nueces River Irrigation Park Annex No. 1, located at the intersection of Riverwood Drive and FM 624 (Northwest Boulevard.) Plannina Commission_& Staff's Recommendation (July 25, 2007): Denial of the "B -4" District and, in lieu thereof, approval of a "B..1" Neighborhood Business District for Tracts 1 and 2. Requested Council Action: Denial of the "B-4" District and, in lieu thereof, approval of a "B-1" Neighborhood Business District for Tracts 1 and 2. Summary: • Request: The applicant is requesting a change of zoning from "R-1B" One - Family Dwelling District to the "13-4" General Business District for Tracts 1 and 2 for the construction of commercial retail building approximately 21,000 square feet. A contract has been signed for the use of the building as a Lone Star Country Store. The building will be single story and will contain only one business. The hours of operation will be from 9:00 AM to 9 :00 PM. The subject tracts are located adjacent to an existing "B-4" zoned property that is also included for the development of the country store. The applicant is requesting the "B -4" District to match the existing zoning of the adjacent tract. This existing "B -4" zoned property has frontage on FM 624 (Northwest Boulevard.) Tract 1 is located to the rear of the existing "B-4" and Tract 2 is located to the west, with frontage along Riverwood Drive. • Site Plan: A site plan has been submitted that identifies Tract 1 to be used for a portion of the building and employee parking in the rear. Tract 2 is identified to be used as customer parking. The dumpster, loading area, and main store entrance are all located on the property that is already zoned as "B -4." The site plan identifies a six -foot screening fence along the property adjacent to the single-family residential lots to the west and the "R-1B" zoned property to the north. The six -foot screening fence is a requirement of the zoning ordinance. There are two parking lot entrances proposed to the development. One is proposed from FM 624 on the currently zoned " -4 "property and the other is proposed from Riverwood Drive. • Zoning: The purpose of the "B-4" General Business District is to provide for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists. This district permits uses such as multiple - family dwellings, boat and auto sales, hotels, and taverns. • In Article 24 of the Zoning Ordinance, the "B -4" District minimum front yard setback is twenty (20) feet and zero side and rear yards, unless there is residential adjacency which would require a minimum of ten (10) foot side and rear yards. The "B -4" District does not have a maximum height for structures. • In contrast, the "R-1B" District requires a minimum lot size of 6,000 square feet, with a maximum density of 7.26 dwellings per acre. The minimum front yard setback is twenty -five (25) feet and side and rear yards of five (5) feet. Each lot in the "R-1B" District is required to contain at minimum frontage of fifty feet. The open space requirement is 30% of total lot area. Agenda Memorandum Case 0707-02 JTJ Investments, Inc.) Page 2 • Existing Land Uses: The subject tracts are currently vacant. The property to the east is developed as a self - storage facility. The property to the north is vacant and serves as a detention pond for the residential subdivision to the northwest. The property to the west, across Riverwood Drive, is a church. To the south, across FM 624, are mixed commercial uses. • Utiliti CITY COUNCIL ZONING REPORT Case No.: 0707-03 City Council Hearing Date: August 21 2007 0 Q suae Oh Applicant: LSCC Holdings, LLC Owner: same as above Agent: Victor M. Gutierrez, Jr., P.E. Legal Description /Location: 0,697 acres (Tract 1) and 0.298 acres (Tract 2), both out of Nueees River Irrigation Park Annex No. 1, located at the intersection of Riverwood Drive and FM 624 (Northwest Boulevard.) to N From: "R-1 B" One - family Dwelling District To: "B-4" General Business District Area: 0.298 acres Purpose of Request: To allow for the construction of a commercial retail building. akV Area Development Plan: Northwest ADP - The proposed development is consistent with the future land use map that supports commercial for the subject property. However, a "B-4" General Business District is not a compatible district due its adjacency to single - family residential and there are more intensive commercial uses allowed in that district, Map No.: 067051 Zoning Violations: None Zoning i Existing Land Use Future and Use Site "R- 113" One - family Dwelling District _ Vacant i Conunercial _ North "R-1B" One- family Dwelling District Vacant I Low Density Residential South "B-4" General Business District Vacant Commercial East _ "B-4" General Business District Commercial Commercial West "R -1" One-family Dwelling District 1"A B" Professional Office District Low Density Residential i Commercial Low Density Residential Commercial akV Area Development Plan: Northwest ADP - The proposed development is consistent with the future land use map that supports commercial for the subject property. However, a "B-4" General Business District is not a compatible district due its adjacency to single - family residential and there are more intensive commercial uses allowed in that district, Map No.: 067051 Zoning Violations: None Zoning Report Case No. 0707- (LS CC Holdings, LLC) Staffs Summary • Request: The applicant is requesting a change of zoning from "R-1B" One- Family Dwelling District to the "B -4" General Business District for Tracts 1 and 2 for the construction of a commercial retail building approximately 21,000 square feet. A contract has been signed for the use of the building as a Lone Star Country Store. The building will be single story and will contain only one business. The hours of operation will be from 9:00 AM to 9 :00 PM. The subject tracts are located adjacent to an existing "B -4" zoned property that is also included for the development of the country store. The applicant is requesting the "B-4" District to match the existing zoning of the adjacent tract This existing "" zoned property has frontage on FM 624 (Northwest Boulevard.) Tract 1 is located to the rear of the existing "B -4" and Tract 2 is located to the west, with frontage along Riverwood Drive. • Site Plan: A site plan has been submitted that identifies Tract 1 to be used for a portion of the building and employee parki Zoning Report Case No. 0707-03 (LSCC Holdings, LL • Existing Land Uses: The subject tracts are currently vacant. The property to the east is developed as a self-storage facility. The property to the north is vacant and serves as a drainage retention pond for the residential subdivision to the north of Tract 1. The property to the west, across Riverwood Drive, is a church. To the south, across FM 624, are mixed commercial uses. • Utilities: Water and wastewater are available to the property along FM 624. • Transportation: Based on the Institute of Transportation Engineers Trip Generation Manual, the potential traffic generated from a commercial use is approximately 900 vehicle trip ends per day. The property will be served by FM 624, a designated arterial in the Urban Transportation Plan and Riverwood Drive, a local street. Based on the Texas Department of Transportation 2001 traffic counts, the average daily trips a.d.t. at intersection of Riverwood Drive just north of FM 624 are 1,770 a.d.t and 25,090 a.d.t. on FM 624 at the intersection of River Run Road. • Comprehensive Plan /Future Land Use: Northwest Area Development - The proposed development is consistent with the future land use map that supports commercial for the subject property. However, a " -4" General Business District is not a compatible district due its adjacency to single - family residential and there are more intensive commercial uses allowed in that district. Street R.O.V. Street Type Paved Section Volume Source: 2001 TxDDT Traffic Map FM 624 Northwest Blvd Arterial 130 feet (79 feet back to back) 25,090 a.d.t. River Run Road Riverwood Drive Local 60 feet -- - - 1,770 a.d.t J FM 624 Plat Status The subject property is platted. Department Comments • The adjacent residents have drainage concerns with the development of this site Drainage will be addressed with review of the construction plans for the Lone Star Country Store once submitted. Chapter 14.217A of the City of Corpus Christi Municipal Code states that a storm water quality management plan or pollution control plan is required and that: Zoning Report Case No. 0707 -0 (LSCC Holdings, LLC) Department Comments (4) The site information must: a. Delineate how drainage patterns will be modified by the new work. b. Show how storm water that flows on the site prior to construction or modification of the site will be managed. c. Provide a means to ensure that the improvements will not cause storm water to drain onto the property of others. d. Indicate the elevation readings of systems. A note has been placed on this property in the Development Services permitting system to ensure that drainage issues will be address during construction plan review. A "B-1" Neighborhood Business District is consistent with the future land use plan in the Northwest Area Development Plan. The "B-1" can be supported due to the property's adjacency to an arterial roadway, existing commercial to the east and south, and the office district to the west. The "B-4" District will allow intense commercial uses that are not compatible with single - family residential. A " -1" District permits neighborhood commercial uses, such as personal service uses, retail, and offices, but does not allow auto re , air or bars. et 'le 0 Denial of the "B-4" District and, in lieu thereof, approval of a "B -1" Neighborhood Business District for Tracts 1 and 2. Co CC • .40,1 z gw aj L) pg Denial of the "B-4" District and, in lieu thereof, approval of a "B-1" Neighborhood Business District for Tracts 1 and 2. Number of Notices — 25 Favor - o Opposition - o (As of August 8, 2007) Attachments: Zoning Map Site Plan Ownership Map Ownership List Comments received from Public Notices mailed H:1PLI .DI1 \SHAR_ED B y rl 1 7 P\ NRPT 'J i\ l pts‘ 7 7 LSCC Holdings B -1 .do 0 100 200 400 Feat NOTICE CASE # 0707 -03 ZONING A -1 Apartment House District 1.1 Limited Industrial District A -1A Apartment House District 1-2 Light Industrial District A -2 Apartment House District 1-3 Heavy Industrial District AB Professional Office District PUD Planned Unit Development AT Apartment- Tourist District R -1A One Family Dwelling District B-1 Neighborhood Business District R -1B One Family Dwelling District B-1A Neighborhood Business District R -1D One Family Dwelling District 8 -2 Bayfront Business District R -2 Mlu!bpi° Dwelling District B-2A Barrier Island Business District RA One Family Dwelling District B.3 Business District RE Residenbai Estate District B-4 General Business District R -TH Townhouse Dwelling District 13-5 Primary Business District SP Special Permit B--6 Primary Business Core District T -1A Travel Trailer Park District BD Corpus Dhiisti Beach Design Dist. T -1B Manufactured Home Park District P -R Fpm Rural District T-1C Manufactured Home Subdivision HO Historical- Cultural Landmark District Preservation ..rid ey : S R Prnlrg We, n, WON P�grdr south., C.tr of Corps elvmstM - o.wiaprr int Soros F}r:111, f O1ROKAREOic1S Prop... CasesOOHING CASE 0707 O3 d SUBJECT PROPERTY •- ••,,‘"" [ - • • - (. • - ;.! rri X. ti) ZP. cm 0 rD r7 ix -: ,,: m ' . Cr. a• .. ... _ - : _ . • • - • • • ' • • . . • • • . • LONE STAR COUNTRY STORE FM 624 - Callen 11:111111=== LUDDEKE Ftxr 17.4 NUECE RR* Owners within 200 feet listed on attached ownership table Proverwl SRA Foram oats: fii WOOF Propct Sousa: c e! corm C1 • osrsraprrrtrrt 54.01 w ill 1 1111111111m f V15111§ 1p tine. ill t 1P3m A VII lin ile11111111111111 smsasssaa oomr. 6 68P a i 4 m t z ei 4 a va i t s 4 voaeoeea$ooaoov00002e v000000 0000 'o"ovva COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No. 0707 -03 Name: LSCC Holdings, LLC Circled =FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Twenty-five (25) Returned undeliverable: 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 4 (_ )% II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners/applicants of subject area: Favor: 0 Opposition: H :IPLI - E \SHAR DIBeverly'2 7 P \PURL ( COMMENTS\Blank Public Comments.doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday — July 25, 2007 5 :30 P.M. COMMISSIONERS PRESENT: Chairman Bryan Stone Rudy Garza, Vice Chairman Atilano J. Huerta Fred Braselton Evon J. Kelly Michael Pusley John C. Tamez Johnny I. Martinez James Skrobarczyk COMMISSIONERS ABSENT: STAFF PRESENT: Johnny Perales, PE, Deputy Director of Development Services /Special Services Faryce Goode - Macon, Interim Assistant Director of Development Services/Planning Shannon Murphy, AICP, City Planner Miguel S. Saldar a, AICP, Senior Planner Gary Smith, Assistant City Attorney Beverly Lang-Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingl s es limitado, habra un interprete de espai of a ingles en la junta Para ayudarle 1. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:33 p.m. Iv. ZONING G 1. New Zoning a. Case No, 0707-03 LSCC Holdings, LL C.: A change of zoning from a "R-1B" One - Family Dwelling District to "B-4" General Business District 0.697 acres (Tract 1) and 0.298 acres (Tract 2), both put of Nueces River Irrigation Park Annex No. 1, located at the Planning Commission Minutes July 25, 2007 Page 2 intersection of Riverwood Drive and FM 624 (Northwest Boulevard.) Shannon Murphy presented the above case via Power Point stating the applicant is requesting a change of zoning from a "R-1B" One - family Dwelling District to a "B -4" General Business District for Tracts 1 and 2. The subject property is located at the intersection of Northwest Boulevard and Riverwood Drive, approximately 500 feet west of County Road 69. Ms. Murphy stated the zoning change involves two tracts behind and adjacent to an existing " -" General Business District tract. Ms. Murphy stated the property is currently vacant and adjacent existing uses are single family to the northwest, commercial to the east and to the south, with a church located to the immediate west. Ms. Murphy stated that the "B -4" General Business District provides for all types of commercial and miscellaneous service activities, permitting uses such as multiple family dwellings, boat and auto sales, and hotels and taverns. Ms. Murphy stated the minimum front yard setback is twenty feet, zero for the side and rear unless there is residential adjacency which would then require a ten foot minimum setback, and that the "B -4" District does not have a maximum height for structures. The applicant has submitted a proposed project site plan for a Lone Star Country Store, showing the existing "B -4" tract which is along Northwest Boulevard, with Tract 1 to the rear and Tract 2 to the west. The majority of the building would be on the Tract 1 lot. Ms. Murphy stated the proposed development is consistent with the future land use map that supports commercial use for the subject property; however, a "B -4" General Business District is not a compatible district due to its adjacency to single - family residential and the more intensive commercial uses allowed in that district. The proposed hours of operation for the Lone Star Country Store would be from 9:00 a.m. to 9:00 p.m, and only the one business is proposed for this site. Ms. Murphy stated that a six -foot screening fence would be required along the residentially zoned properties located to the northwest and to the north. Twenty -five (25) notices were mailed to adjacent property owners within 200 feet. Zero (0) notices were returned in favor and zero in opposition. Staff recommends denial of the "B -4" General Business District and, in lieu thereof, approval of the "B -1" Neighborhood Business District due to the property's adjacency to an arterial roadway, the existing commercial to the east and south, and the current office district located to the west being used by the church. The "B-1" District permits personal service uses, retail and offices, but it would not allow uses such as auto sales and bars. The Lone Star Country Store would be a permitted use in the "B -1" District. In response to Commissioner Braselton, Ms. Murphy stated the "B4" District to the east is a long, narrow property where a mini - storage is currently located. In response to Commissioner Pusley, Ms. Murphy stated that everything to the south of Tract 1 is already zoned "B -4 ", except for Tract 2 to the west which is a small rectangle of "R-1B". Ms. Murphy stated the applicant has requested that Tract 1 and Tract 2 be rezoned to "B -4 "; however, staff is recommending both tracts be zoned "B -1 ". Ms. Murphy stated that the Planning Commission Minutes July 25, 2007 Page 3 proposed Lone Star Country Store is permissible in a "B-1" and that the applicant is in favor of the "B-1" District. Public hearing was opened. Mark Ludke, architect for the applicant, stated they have looked at numerous options to accomplish their goal. Mr. Ludke stated that the "B-4" zoned tract has numerous pipelines through it making it virtually unbuildable. Mr. Ludke stated they have positioned the building with the focus towards the street and not towards the residential properties. Mr. Ludke also stated they were looking at getting all three tracts together into one zoning district. Mr. Ludke stated that the "B -1" zoning on Tract 1 and Tract 2 would work with their building plans. In response to Commissioner Skrobarczyk, Ms. Murphy stated that the parcel of land to the north of the subject property which is zoned "R-1B" and labeled "existing retention pond" is currently a drainage area for the residential subdivision to the west and has no egress or ingress; however, there is a small strip for access between Lots 14 and 15 of the residential subdivision. Ms. Murphy agreed with Mr. Ludke that the tract is unbuildable because it must remain as a retention pond. In response to Commissioner Skrobarczyk, Mr. Saldafia stated that the homeowners' association owns the retention pond. In response to Commissioner Pusley, Mr. Ludke stated they had contacted the property owners and have designed the drainage to work with the existing retention pond by deepening the pond in certain areas. Public hearing was closed. Motion was made by Commissioner Pusley and was seconded by Commissioner Martinez to approve staff recommendation. Chairman Stone stated he had spoken with the developer and felt confident that this would be a good project for that location. Motioned passed unanimously. : L r -I I \SHAIREMBEVE LY\2O 7 CUULP 7 7003 MINUTES.DOC Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, AI CE, UPON APPLICATION BY LSCC HOLDINGS, L.L.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 0.697 ACRES (TRACT 1) AND 0.298 ACRES (TRACT OUT of NUECES RIVER IRRIGATION PARK ANNEX NO. '1, FROM "R-1B" ONE-FAMILY DWELLING DISTRICT TO "B-1 " NEIGHBORHOOD BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING. COMPREHENSIVE E PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING ID1NG A PENALTY, PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. As the Planning Commission has forwarded to the City Council its reports and WHEREAS, g cor mendations concerning the application of LSCC Holdings, L.L.0 , for amendment re g to the Ci ty Corpus Cor s Christi Zoning Ordinance and Zoning Map; with proper notice to the public, public hearings were held on Wednesday, WHEREAS, p p p July 25, 2007, during a meeting of the Planning Commission, and on Tuesday, August during a meetin of the City council, in the Council Chambers, at City Hall, in �'l , meeting the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus p � t Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the onin g Ordinance of the City of Corpus Christi, Texas, is amended by changing the nin on 0.697 acres (Tract 1) and 0.298 acres (Tract 2), y g g g out of Nueces River Irrigation Park Annex No. 1, located at the intersection of Riverwood good Drive and FM 624 (Northwest Boulevard), from "R-18" one - family Dwelling District to "B-1" Neighborhood Business District. (Zoning Map 067051) (Exhibit) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, g y remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive re Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. H:ILE -DI ishared1GaryMaganda1 '18- 11 D- oning0707 -0 - l.sccHoIding -1 uacesRiverlrrPr An i- aIt.doc Page 2 of 3 SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of August, 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: August 15, 2007 baizr;tiL Gary 17ir. Smith Assistant City Attorney For City Attorney Henry Garrett Mayor, City of Corpus Christi HALE - DIR\Shared‘ arysl g nda12007113-211OR - onin 070 -0 -L oldie -Nu es i r rirrPr n i- ait.do 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. Iwe, 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 Eli undo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon HALE -DIF I l eredl ary \agenda \200718 - 110 D; onin 0707 -0 -LS Holdings- Nuecesl iverirrPrkAn i- alt.doc TRACT 1 Field Notes for a 0.697 -acre tract of land out of Nueces River irrigation Park Annex No. 1, Block 1, Lot 1 recorded in Volume 63, Page 76, Nueces County Map Records Commencing at a 5/8" iron rod found at the southeast corner of Nunes River Irrigation Park Annex No. 1, Block 1, Lot 1 as shown on a plat recorded in Volume 63, Page 76, Nueces County Map Records. Said commencing point also being in the north right-of- way line of Northeast .Boulevard (FM 624) from which a found iron rod marking intersection of the east right-of-way line of Riverwood rood Drive and North right-of-way line of Northeast Boulevard (FM 624) bears N 83° 52' 03" W a distance of 279.83'. Thence N 10° 20' 45" E, along the east property tine of said Lot 1, a distance of 112.60' to the POINT OF BEGGING and the southeast corner of this tract; Thence N 83° 52' 03" W, a distance of 286.02' to a found 5/8" iron rod for the southwest comer oft is tract; 12 ° , 4' 28" along the upper west property line of said Lot 1, a distance of Thence E, lip 118.96' to a found 5/8" iron rod for the northwest corner of said Lot 1 and the northwest comer of this tract; Thence S . 3 52' 03" E, along the north property line of said Lot 1, and the north line of this tract, a distance of 255.02' to a found 5/8" iron rod for the northeast corner of said Lot 1 and the northeast corner of this tract; 'hence S 01° 20' 45" W, along the east property line of said Lot 1 and the east tine of this tract , ' a distance of 112.60' to the POINT OF BEGINNING and containing 0.697 acres of land. O?Q1»o3 Guiterrez Enr r~ i rig, L 1 P. (HON )JUt. 8 2007 14'ri/ST.14:53/No.7381070818 P 3 TRACT 2 Field Notes for a 0.298 -acre tract of land out of Nueces River irrigation Park Annex No. 1, Block 1, Lot 1 recorded in Volume 63, Page 76, N eces County Map Records Commencing t pro of N 5/8" iron. rod found at the southeast corner o ece River Irrigation Park Annex No I, Block 1, Lot 1 as shown on a plat recorded in Volume 63, Page 76, Nucees County Map Records. Said Commencing point lies in the north right -of- way line of ortest Boulevard (FM 624), from which a found iron rod, marking the intersection of the east right-of-way line of Ri er ood Drive and north right-of-way line of Northwest Boulevard (624), bears N 83° 52' 03" W a distance of 279.83'. Thence N 10' 20' 45" E, along the east property line of said Lot 1, a distance of 188.21' to a point; Theme N 83° 52' 03" W a distance of .286.02' to a found 5/8' iron rod narking an interior corn e r of said Lot . l and being the POST OF BEGINNING and east corner of this tract; 24" southeast line of this tract, distance 137.54' to a Thence S 25° 24' � lore rod found found 5/8" iron rod the northeast rig t -of -way line of Rivcrwood Drive, for the south corner of this tract; Thence N 3° 8 1" W . along the northeast right-of-way line of iverwoo d Drive, a distance of 201.92' to a found 5/8" iron rod for the west corner of this tract; Thence S 9 1 alon g 51" the lower north lino of said Lot 1, a distance of 194.94' to tePOINT OF BEGINNING and containing aining 0.298 acres of land. b7cr7'o3 1 NO ATTACHMENT FOR THIS ITEM 22 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Wastewater Collection System Master Plan Update for South of Oso Creek STAFF PRESENTER(S): Name 1. 'Angel R. Escobar, P.E. Title/Position Director OUTSIDE PRESENTER(S): Name Title /Position 1. Dan Leyendecker President Department Engineering Svcs. Or . a izat i n LNV Engineering ISSUE: This is an update on the status of the Wastewater Collection System Master Plan for South of Oso Creek. The presentation will include an overview of the six wastewater basins and the basis for the development of the Master Plan. Additionally the presentation will provide the planned approval schedule for the Master PIan update for Greenwood Basin South of Oso Creek. The last approval of the Wastewater Master PIan update by City Council was December 12, 2006 which Council adopted the update to sub - basins 5 through 12 for the Greenwood, Oso, Laguna Madre and Whitecap basins. REQUIRED COUNCIL ACTION: None Required Attachments: Exhibit 1: Po wer pint Presentation efr Z Au-- 5 yish7 gel R. Escobar, P.E. Director of Engineering Services Wastewater Collection System Master Plan UPDATE South of Oso Creek 4 y t0. • ailiNV ENGINEERING i:. •naln•*r$ A consultants August 21, 2007 6 Treatment Plants and Basins Coma Chnsii LEGEND WA TEWATEF_TrestmentAreas TAG ALLISON BROADWAY GREENM OO LAGUNA 050 WFI[TECAP VLr TPEATPUil PL/J1r KOA 13C• 0 4f 0:111wrt 2 1 Allison WWTP Rated Capacity: Actual Flow: 5.0 MGD 3.2 MGD ( 64%) NustE Ultimate Capacfty Regid: ± 26.0 MGD 8/2912006 Master Plan Updated: corps ChM Bay 13.0,7 MD • 1Ir.C. Fa. 1==M=M1/11 Broadway WWTP Bay Rated Capacibi: Actual Flow: 10.0 MGD 4.4 MGD ( 44%) Ultimate Capacity Req'd: * 8.0 MGD Collection System In Place; Master Plan not required Corps Christi By "•-•-• 10030 7 KG 0 3 OM hie ==== 4 Oso WRP Rated Capacity: Actual Flow: 16.2 MGD 12.1 MGD ( 75%) Ultimate Capacity Req'd: ± 16.2 MGD Ilim"BaY Master Plan Updated: 512312006 & 812912006 ,T, Council elected not to build SSWWW or expand Oso WRP Corpus Christi Bay SUB liaiN 1 ADOPTED a —— 1g4db uro p if-070PM •t, • 5 Laguna Madre WWTP Rated Capacity: Actual Flow: 3.0 MGD 2.1 MGD ( 70%) Ultimate Capacity Req'd: ± 5.0 MGD 812912006 4 Master Plan Updated: Corps Chomp Bey 11012 KM O IMO Gp! 6 3 SUB BASINS] 7-12 ADOPTED 12-12-06 Whitecap WWTP AGNES Rated Capacity: 2.5 MGD Actual Flow: 1.3 MGD ( 52%) Nunes Bel ultimate Capacity Raced: ± 10.0 MGD Master Plan Updated: 1211212006 Corpus MOO Bay 11.9 7.010 0 'IS Kt Fie 1 Greenwood WWTP Rated Capacity: Actual Flow: 8 MGD 8.4 MGD 80%) !Expansion —4 MGD (design phase) Humes Bey Ultimate Capacity Recild: ± 40 MGD -,Includes 6 MGD transfer from Oso Basin ,Includes 15.7 MGD from South of Oso _re MP Updated: 1211212006 Comes Christi Bey d.E0:, KV. p IS OWN. M=111= .• .u• South of Oso Creek Greenwood WWTP •South of Oso Creek Service Area Ultimate Average Daily Flow: 2347 MGD Includes 8 MGD Transfer from Oso Basin Corm MAC Bay LEGEND WASTEWATER ant Arses CURRENT GRE#HMOaal�srl *Arm oFo o .2013 MIS 4 1 pyiiq • 9 WEBER R0.00 • 'SOLI{ it 10 5 LC. aver �pp[xnrt 0044y COMCKW. - PMTS LltxtL .1,0:01.41. - -- AKA liCtIONY - - aft Lir LMC ADOPTED ED FUTURE UNDUE ADOPTED DATE - MAY 24, 2005 Master Plan will be Based on: ■ Adopted Future Land Use Map —May 24, 2005 ■ 2000 Census Data • Interviews and comments from City Wastewater Staff, Engineering Services, and Development Services Staff. ■ Interviews and comments from the development community and other consulting engineers. 12 6 Master Plan South of Oso Creek • Based on and are consistent with City of Corpus Christi's adopted plans. ■ Flexible enough to accommodate the pace of the development community. • Meets developers demands. • Meets City's needs. • 13] Approval Schedule for South of Oso Creek MP 14 7 Date Status Public Outreach 8-6-07 On Going Public Notice and Distribution to Development Community/ Consulting Engineers 8 -27-07 Pending Development Services Receives Comments 9 -13-07 Pending LNV Incorporates Comments and Revisions 9-19-07 Pending Development Services Distributes to Planning Commission 0 -207 Pending Planning Commission Presentation Approval 10 -3-07 Pending City Council 1st Reading 10 -23-07 Pending City Council 2nd Reading 10-30-07 Pending 14 7 23 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE; August 21, 2007 AGENDA ITEM: Downtown 1lanagement District Annual Report CITY STAFF PRESENTER(S): Name Title /Position 1. Irma Caballero De OUTSIDE PRESENTER(S): Name 1. Norma Urban Director Ti DMD 2006 -2007 87 Property Owners Assessments = $150,000 Top 3 POs = 45.32% TRT Holding One Shoreline Plaza Bank of America Next 6 top POs = 77.47% Ramada Inn BNP [Prosperity Bank Bldg.] Caller Times IBC Bank 101 Shoreline Kabir TOTAL of 62.79% _ $92,000 78 POs pay the rest. 1 • • ■ ■ • ■ • ■ ■ . • ■ • ‘ ■ ■ • ■ ■ # • • • ■ ■ • • • • • • • ■ ■ • ■ ■ ■ • ■ ■ ■ ■ ■ • f ■ • ■ • ■ ■ • 1 • ■ ■ • ■ ■ ■ ■ ■ ■ ■ ■ ■ • Petition 2003 -2008 • • i ■ Over 50% POs have to sign to e taxed • ■ • • ■ ■ • • Advertising & Promotion 25,000 • • Downtown Impr vements 40,000 • • • Event Space 35,000 • a • • Sidewalk Ambassador 35,000 • a a • • • • • • • : Contingency 1 , 000 • ■ • • M ■ I•••••••■■•■■■•••••••••••■■•■■■•■■■■■ ■ ■ ■1US•■•r1IIi•I.••Ii• ■i••••••: a • • 150,000 • i • • 1 Map of the Corpus Christi Downtown Management District 2 1 City's Investment er t ire DIM D D's Investment to the City 1 11993-2007 = $1,1 60,488 1993-2007 = $2,248,382 1 1 1 1 1 1 arm/Ws arm/Ws Pr ert slues +15.70% X 003 = $117,906,572 2006 = $ 136,41 3,691 � I 1 1 DT wn s Taxable Sales Revenues +23.57% 1 2003 = $39,825,336 1 1 [$398,253] 492 102 1 1 1 1 1 _ _ - _IOW SIM ___, DMD'S INVESTMENTS IN DTOWN 3 25,200# 1 18 tons 1 1 tons 4 TREES ARE MAKING A DIFFERENCE Phase l &II- $16,000 Phase!!! - $57,000 Oak Tree Electrical i Maintenance + 100 trees $173,000 5 • 6 7 Mesquite / Lawrence Corner K Lawrence St. Crossover 1 Sidewalks -- Not Pedestrian Friendly i 9 SIDEWALK PARTNERSHIP GRANT FOR DOWNTOWN PROPERTY OWNERS DMD reimburses property owner: $3.00 / sq.ft Private Investment - $28,463 DMD Investment - $17,418 Community Value - $45,881 10 1 1 • Popular w retailers • Familiarize people w/what DTown has to offer • Encourages people to venture into the area • Creates activity on the streets • hr4F.:.#x..4 N'.xt4t . MtN16 al ARTWALK ME TaAAX TASTE OF DTOWN ;fir xkti�� Lf4 71C`:4f BialBli iu ur. rwt I.ChT+i1r7�VJ HAAN 1.5 MARDI GRAS 12 Adopt Downtown 13 ■ 14 VACANT BUILD!NGS WITHIN THE DOWNTOWN MANAGEMENT DISTRICT 15 4 Types of Vacant Bldgs. • NFS — Dormant • NFS For Lease • For Sale • Currently remodeling _ _ -10- NFS - Dormant Appraised Sq. Ft. +251,250 30,000 [180,000] + 34,995 7,250 [34,751] 43,750 35,412 [43,750] 16 _10_ NFS - Dormant Appraised Sq. Ft. - 102,983 8,893 [137,407] 89,547 [89,547] _10_ NFS Dormant + 225,360 14,560 [105,490] - 318,572 [356,468] 13,316 17 10 NFS Dormant Appraised. Sq. Ft. + 1,574,665 121,000 [556,103] - 639,362 62,786 [1,096,129] _4_ NFS For Lease 18 -5- For Sale Appraisal vs Aslin0 Price + 187,110 [146,454] 161,531 [161,531] 750,000 -5- For Sale Appraisal vs Asking + 232,236 [142,279] 509,894 [215,222] 900,000 II • }�3w! "�•.' '���#x..x'�.�.r. "�'= „• .�rro' .s.af.� �,R,;.r' - '�" ` "� �y -v-�: Jig, 19 01300000001:3000002:100000000000000000000000000000000000 n a 0 Problems: 0 0 O rg For Sale - Asking price too high in a couple of O 0 O 0 0 cases. NFS - 8 property owners sifting on the property wino imminent plans. 00E3000000000001200 4 for lease [3 with serious problems] 000000oomci0000000000n 0000m. 0 0 0 0 0 0 0 O 0 0 0 0 O 0 0 0 0 0 0 0 0 0 0 0 00000000000000000U Success Stories 7 21 I Bayview Tower Bayview Tower 22 iqg" xJwsiY :.� n. `.S. New storefronts 23 New Businesses Big Box Productions Brandy's Dana Divine Cafe Cora on Corpus Beat Firefly First Victoria Bank Fonze Munoz Photography Peoples Street Photo Project Shipwreck Cafe Smokie's Saloon Sweet Dai for Shopping Rich line Technology Systems Times Market Uncle Wood's Wrapsody Gift Planners & Gifts BroLght r u± Retremer t: Fail 2098 r x r _�� #vr•.xw. x- x The Metropolis 24 The Atlantic Lofts Nueces Lofts LONG RANGE ADVOCACY AGENDA • Complete Bayfront Master Plan — Promote continuous greenspace wiamenities — Promote enhancements to marina — Promote enhancements to downtown parks • Promote residential - Will drive retail Will increase safety • Promote 3rd pump station on CIP • Sanitary sewer system remediation 25 • Advocate for ADA improvements • Advocate for wayfinding signage for DTown and SE.ATown • Seek remedies for vacant properties dilemma SHORT TERM AGENDA __, Continue partnering in landscaping and streetscaping projects for: • Peoples St. T -.Head • Lawrence St. T -Head • Parks • Seek remedies for better sidewalk lighting and parking lot lighting • Seek remedies for parking • Resolve problem of deteriorating bulb -out benches 26 rSHORT TERM AGENDA Continue street - sweeping Continue minimal landscaping w/ ongoing maintenance Continue marketing programs to promote retail Continue event programming Create programs for Placemaking • Historical plaques • Public sculptures • Theming downtown 27 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 21, 2007 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to enter into an Interleaf Agreement between the City of Corpus Christi and the Corpus Christi Downtown Management bistrict for 2007-2008 and to provide an extension of the agreement, at the option of the City Council, for up to two additional one-year terms contingent upon annual appropriation of funds. ISSUE: Over the past several years, the City has provided funds to assist the Downtown Management District's development and redevelopment activities in the downtown area. The term of the agreement is one year from August 1, 2007 through July 31, 2008. This agreement may be extended at the option of the City Council for up to two additional one- year terms contingent upon annual appropriation of funds. REQUIRED UIF COUNCIL ACTION: Passage of motion to authorize the execution of this agreement. PREVIOUS COUNCIL ACTI f: The Agreement was previously approved by City Council on August 22, 2006 for fiscal year 2005 -2006 and 2006 -207. FUNDING: Funds for the Downtown Management District have been budgeted for the 2007 -2008 fiscal year. CONCLUSION AID RECOMMENDATION: Staff recommends authorization to execute the agreement. Irma Caballero Director of Economic Development Attachmerits BACKGROUND INFORMATION In Fiscal Year 2004 -2005, the City of Corpus Christi and the Corpus Christi Downtown Management District desired to enter into an Agreement pursuant to the Interlocal Gooperation Act to provide for downtown Corpus Christi redevelopment. The District would assist the City in its downtown development and redevelopment activities and coordinate its activities with the City. The City agreed to pay to the District the sum of $80,073 for work performed during Fiscal Year 2004 -2005 upon receipt and approval of the annual report provided by the District which would describe each project undertaken, its status, and amounts expended on each project. The District agreed to record revenues, expenditures, and a balance sheet on a monthly basis, and submit such records to the City on a quarterly basis. The District would also provide for the City prepared financial statements in accordance with Generally Accepted Accounting Principles and an audited financial statement with supporting documents upon completion. The annual report for 2006 -2007 shalt be provided to the City Council on August 21, 2007. The Interlocal Agreement for 2007 -2008 incorporates the District's request to meet at least quarterly with the Mayor and /or District's Council Member representative. The Agreement adds the following performance requirements: 9. Increase the number of commercial establishments located within the boundaries of the District increases from the previous fiscal year; and 2. Demonstrate an increase in property values from the prior fiscal year. 3. Support the City's Economic Development Department to implement approved Council actions relative to downtown improvements. 4. Provide quarterly reports re: economic, commercial, and demographic data in the District. 5. Continue to improve the cleanliness, landscaping, event activities, marketing, and park enhancement projects currently underway. July 27, 2007 Irma Caballero Economic Development Department ment City of Corpus Christi 1209 Leopard St. Corpus Christi 1 DMD GOALS AND PLAN OF ACTION 2006 -2008 Provide park enhancements to DTown parks a. Continue to work with RTA and City to provide funding for La Retama Park — Project temporarily postponed due to lack of City f n it , [Total project cost = $450,000 — not funded] 2) Expand scope of work to partner with the Marina a. Hire landscape architect to design landscaping for Peoples St. T --Head and Lawrence St. T -Head. Accomplished - $4,556 b. Partner with Marina /City to implement new trees and plants for the T- Heads Accomplished - $140,000 in-kind 3) Expand landscaping and tree - planting program a. Complete to Phase 111 of the tree - planting project that included Starr St. and Twigg St. * Accomplished - $57,1I8 b. Work with Beautify CC and TXDoT to enhance entrance to DTown at Hwy. 181 Twigg St. and Mesquite St. Pending Implementation sledded for early 2008 c, Continue to hire contract labor to care for all current and future landscaping and tree - planting Ongoing - $8,652/yr 4) Implement and expand DTown events and activities a. Continue & grow ArtWalks every other month *Accomplished/Ongoing $5,000/yr b. Continue & grow Taste of DTown Accomplished/Ongoing ngoing - $2,300 c. Continue & grow Mardi Gras Accomplished/Ongoing $2,000 d. Continue community decorating DTown for Christmas Accomplished/Ongoing 5, /yr. e, Continue to look for funding for a Farmer's Market in La Retama Park Grant turned down. Will continue to pursue. e. fProject cost = $35,000 — not funded f. Work with community organizations to bring their events & fundraisers into DTown Ongoing g. Install historical plaques w /pictures and text on historical buildings [Organized — Ready to implement $20,000 — not totally, funded] h. Design and print brochures of all historical attractions and public art in the downtown area [Organized Ready to implement f$3,000 — notfunded] 5) Continue sweeping streets & sidewalks - l or plis d /Ongoing $26,316/yr. a. Keep sweeper in good operating condition b. Continue employment of groundskeeper c. Purchase new sweeper when necessary 6) Create a University presence in DTown - On hold a. Display University artwork in DTown vacant building windows - Pending b. Create a "Design on a Dime" type effort whereby University design and art students assist retailers in decorating their display windows J$5,000 — not- funded] 7) Promote residential environment in DTown a. Assist in creating a livable pedestrian environment for residents 1. La Retama Park enhancements ' Temporarily delayed. 2. Promote Bayfront greenbelt park Accomplished/Ongoing 3. Continue Sidewalk Partnership Grant to improve DTovvn sidewalks * Accomplished Ongoing 4. Work with Police Dept. to create a safer area for residents Ongoing 5. Work with City to restructure ordinances to promote residential and parking for residential — Taken over by .SRC 6. Create a Farmer's Market in the park * Temporarily delayed f$35,000 -- not funded] 8) Enhance retail retention in DTown a. Help develop & support a merchants association * Accomplished - $2,000 b. Assist in helping retailers advertise through a marketing program Accomplished - Caller Inser tfor 6 moo Accomplished # $18,000 c. Continue and expand activities and events in DTown Accomplishsed/Ongoing d. Create a Retail Rehab Program -- not yet addressed e. Provide assistance in window displays -- not yet addressed 9) Expand retail development DTown a. Help develop & support a merchants association Accomplished Ongoing - $2,000 seed money b. Assist in helping retailers advertise through a marketing program Caller Insert for 6 mo. c. Assist, continue & expand activities and events in DTown Ongoing d. Create a Retail Rehab Program — not yet addressed e. Provide assistance in window displays -- not yet address 10) Security a. Work with Police Dept. to create a sense of safety - Ongoing b. Evaluate the use of security cameras; purchase & install — f$25,000 $100,000 # not funded] c, Daytime gangers program -- f$200,000 - not funded] d. Extra police presence during the evenings — f$300,000 — not funded] 0 riS to n. TA 0 C c oZt 13 co a lib CD NI a 8 o 0 ``4 i I ' - Continue Sidewalk Grant I - Promote Bayfrontweenbelt J I -La Retama Park enhancements I Promote residential environment 1 Create a University presence : Continue street & sidewalk , I . . [events& activities — cli , '•D , as C. 0 1 : Landscaping Tree - planting I Marina - Landscaping J + f FLaR�tama Park Rehab i PROJECT Ongoing sg) (CI am I I -13 CD Ongoing Accomplished/ .postponed lOn hold /temporarily —f . Pending / On hold 0 a am > R ri c 1 ci pa ,o. • Q. ) co c Accomplished 5 Accomplished 1 On- postponed On hold /temporarily STATUS [DMD meets regularly /Police Dept. to develop ways to make (to property owner. - -- - DMD reimburses $3.00 /sq.ft.for sidewalk tear -out replacement I I 11 times to promote a continuous bayfront greenspace; 1 530,458 See #1 above. lretaulers in decorating their display windows. a design program whereby design & art dtudents assist 5,000 5,000 Display student art in vacant bldg. windows Pending, Create gutter sweeping 23,500 25,0001yr. Maintenance, storage, operator for sweeper - daily street I I _.... _ totally funded - $23,000. turned down, Historical Downtown Project ready to go but not . Applied Decorate DTvn for Farmers Market $35,OOQ PP � hed I ] rant - 9 14,300 72,300 Continued and . rew Art Walk, Taste or Drown, Mardi Gras , ' soaping plants in same area. 57,118 - - 57,118 ' Planted 50 new trees on Twigg & Starr Sts.; added 350 land- 3: Q. 4,584 140,000 !Tree- planting and landscaping the Lawrence St. T -Head , vents at two adjacent intersections. trical, shade, seating for daytime events. Incl. ADA improve- _ -- - __Park to be enhanced to accommodate night -tire events, elec- 24,975 ' 530,458 Partnership with F T ► $203,590; DMD-$127,723; City-$199,145; EXPENDED COST bMDDOLLARSLTOTAL PRO PROJECT DISCRIPTION - I e � { i 0 riS to n. TA 0 C c oZt 13 co a lib CD NI a 8 o 0 6 cn ..Fn -0 B. 0(D 0+ 0 0 0 8002 -9002 SIV 11 I I I - Provide assistance in window i - Create a Retail Rehab Program i I . 1 ! j I - Continue & expand activities_ .. 1 , I Ip I advertise - Assist in helping retailers association Help develop a merchants - Provide assistance in window -Create a Retail Rehab Program 1y`1 a. CD - Assist in helping retailers -. -_ -_ association -Help develop a merchants - - Enhance retail retention _ i I 1 -Create a Farmer's Market flasafer area for residents � PROJECT ---- 17 Not addressed Not addressed g (0 0 a , = a , : Accomplished 1 > 8 3 (D a , Not addressed Not addressed 0 5 3 a , m 0_ Accomplished Temporarily delayed -1 ilk . . 1, pa 0 0 EXPENDED [DMD DOLLARSI co NI 000‘ge 1 0 TOTAL PRO. I ' See #8 above. I See #8 above. I � , I ! 'See #8 above. - - -- _ _ _ -- - -- - � � , 1 1 1 • , I � See #8 above. See #8 above. L 1 I I ' C I I 1 See #4 above _ .- 0 6 rhos, Advertising in Caller insert; Rose the awamess_ f - _ __A , I I Seed money for association. See #4 above. � downtown visitors more comfortable. 1 I PROJECT DISCRIPTION 6 cn ..Fn -0 B. 0(D 0+ 0 0 0 8002 -9002 SIV 11 0 ■ — t 0 cn a ri. E ci) So IN) 2 B. fr) 1,4 cc« R. 2 o 03 0 u) 8 Extra police presence durin. evenings - Daytime Ran • ers pr.. rain -Evaluate the use of cameras; -Work /Police Dept. Not funded r-- funded Not funded STATUS 'Accomplished 1 Ongoing 200,000 the days. This involves off -du ..lice presence on the streets between 10:00 pm - 2:30 am. This project reeds more evaluation; Could dove -tail onto Police Dept pilot program; - - See #7 above. 0 ■ — t 0 cn a ri. E ci) So IN) 2 B. fr) 1,4 cc« R. 2 o 03 0 u) INTERLOCAL AGREEMENT T 2007 -2008 This Interlocal Agreement (the `Agreement" ) is made between the Corpus Christi Downtown Management District (the "District"), created under Chapter 375 of the Texas Local Government Code, and the City of Corpus Christi, Texas (the "City"), a municipal corporation. WHEREAS, the Distri II. FINANCIAL REQUIREMENTS 2.1 The parties agree and understand that funding under this Agreement is subject to annual appropriations by the City Council and that each fiscal year's funding must be included in the budget for that year and is not effective until approved by the City Council. 2.2 District must maintain revenue provided under this Agreement in a separate account established for that purpose and may not commingle City funds with any other funds. The separate account is established and clearly identified as General and City Fund and is budgeted for administrative expenses. Monies from other District funds may be transferred to the "separate account" to compensate for administrative budget as long as they are clearly identified and Board of Directors has approved the transfer. 2.3 Expenditures exceeding the total budgeted amount must be paid from clearly identified funds of District, 2.4 Interest earned on funds contributed to District by the City must be clearly identified, credited, and reflected on the books as resulting from such i III. PERFORMANCE REPORTS. 3.1 Performance Reports: The District will periodically report to the City Council on the activities and work accomplished. The District shall make any special presentations or prepare speci 5.4 pending Funds. Any payment made by the District or the City for any of the costs or expenses that either incurs pursuant to this Agreement shall be made out of current revenues available to the paying party as required by the Interlocal Cooperation Act. 5.5 Tenn. Once approved by all Parties, the term of this Agreement is August 1, 2007 through July 31, 2008. 5.6 Severability. If any portion oft is Agreement, or its application to any person or circumstance, shall ever be held to be invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Agreement shall not be affected and shall continue to be enforceable in accordance with its terms. 5.7 r 1_and Written Agreements. All oral or written Agreements between the Parties relating to the subject matter of this Agreement, which were developed prior to the execution of this Agreement, have been reduced to writing and are contained in this Agreement. 5.8 Not for Benefit of Third Parties. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. 5.9 linnurdty not Waived. Nothing in this Agreement is intended, nor may it be deemed, to waive any governmental, official, or other immunity or defense of any of the Parties or their officers, employees, representatives, and agents as a result of the execution of this Agreement and the performance of the covenants contained in this Agreement. 5.10 Breach. Any breach of this Agreement now or through the term shall render the Agreement null and void. 5.11 Notices. Any notice, correspondence or payment made pursuant to this Agreement must be made by (a) depositing the same in the United States mail, postage prepaid, addressed as follows, or (b) delivering the same to the other Party. Any notice given in accordance with (a) shall be effective upon deposit in the United States mail, and the addresses of the Parties shall, until changed by written notice, be as follows: To the City: City of Corpus Christi City Manager P. O. Box 9277 Corpus Christi, Texas 78469 -9277 To the District: Corpus Christi Downtown Management District Attn: President 410 Peoples Street Corpus Christi, Texas 78401 5.12 MlendtLierits or Countervarta. This Agreement may not be amended except by written Agreement approved by the governing bodies of the Parties. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original all of which shall constitute but one and the same instrument. 5J3 Modificatio. No officer or employee of any of the Parties may waive or otherwise modify the terms in this Agreement, without the express action of the governing body of the Party. 5A 4 Otptions. Captions to provisions of this Agreement are for convenience and shall not be considered in the interpretation of the provisions. 5.15 Govemin . Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. 5.16 Approval. All Parties identified below agree to the provisions and terms of this Agreement. CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT By: Name: Title: Date: CITY OF CORPUS CHRISTI By: George K. Noe City Manager Date: Attest By: Armando Chapa City Secretary Approved as to legal form: u �.- ) 2007 By: 1 latc._, Gary Wi Smith Assistant City Attorney for City Attorney 25 AGENDA MEMORANDUM AGENDA ITEM: August 21, 2007 A Resolution authorizing the City Manager or his designee to take all actions necessary to pursue the conveyance of property to The Texas A&M University System for the expansion of Texas A&M University-Corpus Christi campus. ISSUE: The Ward Island campus of Texas A &M University—Corpus Christi, is not sufficient for th future needs of the University. City -owned property near the intersection of Ennis Joslin Drive and Nile Drive, including South Guth Park, is well situated to provide additional campus space for the expansion of the University. The proposed resolution authorizes the City Manager, or his designee, to take necessary actions to pursue the conveyance of property to the University, including continued discussions and negotiations with the University, scheduling a public hearing on the change of use of the park property, and authorizing representatives of the University to enter upon the property to conduct investigations and tests. REQUIRED COUNCIL ACTION: Adoption of the proposed resolution authorizing the City Manager to pursue the conveyance of property to The Texas A&M University System for the expansion of the Texas A &M University —Corpus Christi campus. RECOMMENDATION: staff recommends approval of the proposed resolution. Mary inch City Att ey Attachment: Exhibit Diagram of property proposed for conveyance to Texas A&M CADOCUME-1\rebeccahlOCALS-1 1Temp\A eM m SGuthPark.doc AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION Background and Purpose of Resolution Texas A&M University—Corpus Christi has experienced growth that has occupied virtually all of the developable land on Ward Island. The projections indicate that the university will continue to grow. In order to accommodate the current and future needs of the University, additional land is required for the expansion of facilities and the relocation of non - academic facilities to allow the highest and best use of the limited land on Ward island. The University desires to expand to land that is close to the present campus on Ward Island, City and University staff have identified land that belongs to the City near the intersection of Ennis Joslin Drive and Nile Drive. The land includes land currently used for a drainage way, a buffer zone for the Oso Wastewater Treatment Plant, and South Guth Park. The City has been in discussions with the University over the land required for the expansion of the University and staff believes that a conveyance of the land can be negotiated with the University, while providing for the continued drainage of the watershed that utilizes the drainage way, preserving the required buffer zone for the wastewater treatment plant, and providing new and alternate athletic fields for the leagues that currently use the facilities at South Guth Park. In order to continue the progress of the discussions with the University, it is necessary to provide notice for and schedule a public hearing on the change in use of the parkland, pursuant to Texas Parks and Wildlife Code, Chapter 26. Section 26.001 of the Parks and Wildlife Code requires the City Council to consider clearly enunciated local preferences and must find that there is no feasible and prudent alternative to the use of such land and that the program or project the conversion from park to college campus) includes all reasonable planning to minimize harm to the land, as a park, resulting from the use of the property as a college campus. The change of use will be contingent upon the recreational activities being relocated to other suitable sites with new facilities. Any agreement with the University wilt allow the leagues to continue use of the park facilities until the new facilities are completed and ready for league play. The proposed resolution allows the City Manager, or his designee, to provide notice of the public hearing, proposed to be held during the City Council meeting of September 25, 200 7, to grant authority to University representatives to enter upon the property for the purpose of investigations and conducting tests, and to continue the discussions with the University related to the conveyance of the property to the University. Subject to the public hearing, it is anticipated that consideration of an agreement on conveyance of the property will be scheduled for Council consideration in October, 2007. H;L gDirl hared/ w /agend 007/x8- 1/ BSA$ agendamemcadd EXHIBIT A ATE Agri" MIIIM OOP • Naga r• no ...1111111 M11 1'O ZWE A 1i Ilan 11•41 ME A RIMS 1111131fir weirer mew • IMP LEA eginally MIME CAUNIN CUOMO NT #x Mal 4192 i tom aar Pan ma% mass 4 MUM O ii1040 M 1M NIP NOM It MIMI ISM MIPS 1�MR RUB OWNS eV M MP #i1MMI PP IMMO OPOOR411.M 1 gala .US 1MIg 1 111 SNP NNW" MI. 411111% Mae MIN or RUC 110-. My MUM .MOO. MOM NOM ▪ won 10 N wan IMP EMS IF WM xwrit MOO 1F P111I■Or IMO • r ra • 1U= NOP 1M UMW 1P 1S NOP NOM 10111 awn ma ▪ mat :M POIO 4011.1114i OPP MOM Or OM AMOR ONO 114 =NZ MI PIPS 41111111 Ile mon sr 1; maw VIM Mr wan • mew smut van • MOM MS MOO .104", Or 111 NOP IIMOO MIK VMS 17 MIX ION 11I W 11t NOP =MOO OP NM SIMMi I 1a mai me POW 11,41. 1C 1P IBM OP NOM UNNI 1,. 111 Min +a RU1 NW* ilr at IMP nom WM SEW Licovaumaressiesne OM OPPW40 01. INS SIM INMI1144. MOB lipped .1111M04 amml mew anoterm mali lama ElygAttairmag UI •. • • ■' x ! •3a,4 ►. r 1` Page 1 of 3 A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO TAKE ALL ACTIONS NECESSARY TO PURSUE THE CONVEYANCE OF PROPERTY TO THE TEXAS A &M UNIVERSITY SYSTEM FOR THE EXPANSION OF TEXAS ABM UNIVERSITY- CORPUS CHRIST! CAMPUS WHEREAS, Texas A&M Corpus Christi represents a significant asset to Corpus Christi and the region providing education and research that benefits the State of Texas, and WHEREAS, TAMUCC has a significant economic impact on our community with an estimated direct impact of $23 million annually for every 1000 students, and WHEREAS, EAS, growth in enrollment and facilities at TAMUCC will soon use up all the available space on the current Ward Island Campus site, and WHEREAS, EAS, officials at TAMUCC may have to cap enrollment if a site for campus expansion cannot be identified and secured, and WHEREAS, the Texas A &M University System has expressed interest in acquiring certain city- owned property along Ennis Joslin Drive, in the vicinity of Nile Drive, including the property designated and used as South Guth Park, and WHEREAS, it is necessary for public notice to be given prior to a public hearing on the proposed change of use of the parkland; and WHEREAS, the City council desires to further consider assisting the expansion of the Texas A &M University-Corpus Christi campus. NOW, THEREFORE, E, E IT RESOLVED ED Y THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is directed to provide any and all requisite notice of a public hearing relating to the change of use of South Guth Park, which consists of approximately 41.9 acres and is identified by the shading on the attached Exhibit. SECTION 2. That the City Manager or his designee is authorized to proceed with discussions with the Texas A &M University System relating to the potential conveyance of city -owned property, as depicted on the Exhibit attached hereto, including, but not limited to granting permission for representatives of the Texas A&M University System to enter upon the property to conduct investigations and tests and negotiations concerning the conveyance of the property. C:\DOCUME-limarykALOCALS-1\Ternp\Res-SGuthPark.doe Page 2 of 3 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED OVED as to form: August 15, 2007 Gaiy li ! Smith Assistant City Attorney For the City Attorney CADOCU ME- 11marykflLO AL -1 \Tem ORes-SGuthPark.doc Henry Garrett Mayor Page 3 of 3 Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper -.-. Larry Elizondo, Sr. Mike Hum ell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon C:\DOCUME-IkmarykflOCALS-1 \T em pRes-SGuthParkidoc 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 21, 2007 AGENDA ITEM: Motion directing the City Manager to implement dues check-off capabilities for non- public safety city employees. ISSUE: Pursuant to City Council Policy No. 16 (d), this item was placed on the agenda after at least five members of the City Council confirmed their request with the office of the City Secretary. eorge K. Noe City Manager 27 NO ATTACHMENT FOR THIS ITEM 28 AGENDA MEMORANDUM SUBJECT: New Southside Library [BOND ISSUE 2004] DATE: August 21, 2007 AGE DA ITEM: A. Ordinance appropriating $1 52,485.25 from the unappropriated interest earnings in the Library 2005 CIP Fund 3224 and transferring into Library 2005 CIP Fund 3224; appropriating $52,88OE38 from the unappropriated interest earnings in the Library 2007A CIP Fund 3225 and transferring into Library 2007A CIP Fund 3225; for the New Southside Library; changing capital Budget FY 06-07 adopted by Ordinance No. 02 997 by increasing appropriations by $2O5,36563; and declaring an emergency. B. Motion authorizing the City Manager, or his designee, to execute a construction contract with The DLP Group, Inc. from Corpus Christi, Texas in the amount of $2,910,550 for the New Southside Library for the Base Bid and Alternate Nos. 1, 2, 3, 4 and 10. [BOND ISSUE 2004] ISSUE: As a result of the continued growth on the City's southside, the November 2004 Bond Election authorized $3.5M for the construction of a new approximately 12,000 square foot library with parking, landscaping, irrigation, furniture and equipment, The new Southside Library is to be a free - standing public library building constructed on Corpus Christi Independent School District property immediately adjacent to Kaffle Middle School. The location allows the new library to serve as both a public branch library and as a learning resources center for the school. On July 11, 2007 competitive bids were solicited and four (4) bidders responded with a proposal. The low bid was submitted by The DLP Group, Inc. The City's consultant, WKMC Architects, Inc., and City staff recommends that a construction contract be awarded to The DLP Group, Inc. of Corpus Christi, Texas, in the total amount of $2,910, 50 for the Base Bid and Alternate Nos. 1, 2, 3, 4, and 10 for the New Southside Library Project FUNDING: Funding is available from the 2004 Bond Election. RECOMrvIENDAT1ON: staff recommends approval of the Motion as presented. Herb Canales, Director of Libraries MdLtjonaLSupport Material: Exhibit "A" Background Information Exhibit "A-1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map H:1H ME\LYNDA 1 ENlLibrary\43 1 - New Southside LibrerylA ENDA MEMO.doc r Add- el R. Escobar, P. E., !rector of Engineering Services BACKGROUND INFORMATION SUBJECT: New Southside Library [BOND ISSUE 2004] (Project No. 4321) PROJECT DESCRIPTION: : This work consists of the construction of a new library to be located at the Kaffie Middle School site, Corpus Christi, Texas to include site work, paving, landscaping, irrigation, drilled concrete piers, concrete foundation, face brick, C.M.U. Toad bearing walls, steel studs, casework, aluminum doors and frames, wood doors, hardware, architectural finishes, architectural specialties, metal trusses, mechanical and electrical work in accordance with plans, specifications and contract documents PROJECT ECT BACKG OUND: This project for a new 12,000 square foot library was approved in the November 2004 Bond Election. After the success of the Janet F. Harte Library with the Flour Bluff School District, the Corpus Christi Independent School District was contacted about locating a library on one of their campuses. On May 30, 2006, an Interlocal Agreement between the City and the Corpus Christi Independent School District was approved to provide for construction of the new library next to the Kaffie illliddle School on Brockhampton and for joint operation of the branch by the City and the School District. As per the agreement: • The District will pay a portion of utilities for the full calendar year based on the space it "primarily" uses for school operations, • The City will pay the District for mowing and other landscaping services as needed, • The District and City will jointly staff the library and during the school year the District staff will work evenings and Sundays to serve the general public. This arrangement is similar to the one on operation at the Harte Library and because of support by the District the library is able to open on Sundays during the school year. BID INFORMATION: Bids were received on July 11, 2007 with four (4) bidders submitting proposals. The estimated cost of construction is $2,71 2, 00 for the base bid. The bids range as follows Base Bid - - „ from $2,747,000 to $2,920,000 Alternate No. 1 from -- $15,000 to $18,400 Add access flooring and recessed foundation. Modify electrical power as required. Alternate N. 2 - - from _ -__ - -- - $22,200 - to _ -- - -- $34,700 Add custom fabricated wood faced circulation desk with granite countertops. Alternate No. 3 - from $69,900 1 to $84,000 Add designated library shelving. H:1HOMEILYNDA I EN\Libraryl4 1 - New Southsfde Librery\BA K R UND.doc EXHIBIT A Page 1 of 2 Alternate No. from $43,400.00 $43,800.00 Add designated plastic laminate /wood faced casework. Alternate No. from $56,500.00 to $102,480.25 Change all asphalt paving to concrete paving. Alternate No. from $7,555,45 to $1 8,000.00 Add designated custom built furniture. - Alternate No. 7 - .- - - - -.- ._.- -_ from $18,880.65 $30,000.00 Add masonry screen mall fence, foundation beam, ornamental fence /gates at Me h. Yard. Alternate Igo. 8 from $4,006.09 to $8,000.00 Allow substitute manufacturer for HVAC digital controls. Alternate from X9,106.60 � to $23,75055 Add designated additional storm drain Icing inlet(s). nlets. Alternate No. 10 from $1 0,000.00 to $14,550.00 Add library theft detection system at two locations. The low bid was submitted by The I LP Group, Inc., see Exhibit "C" Tabulation of Bids. The City's consultant, WKMC Architects, Inc., and City staff recommends mends that the construction contract be awarded to The OLP Group, Inc. of Corpus Christi, Texas, in the total amount of $2,910,550 for Base Bid and Alternate Nos. 1, 2, 3, 4,10 on the New Southside Library Project. At this time it is not recommended to award Alternate Nos. 5, 6, 7, 8, and 9 to save on costs and complete the project within the allotted budget. Withholding award of these items will not impact the quality of the construction of this library. CONTRACT TERMS: The contract provides for the work to be complete within 336 calendar days of notice to proceed. EXHIBIT A Page2of2 H: OM LYND \ EN‘tibran,A4 1- New Southside Library1BACKGROUND.doc PRIOR PROJECT ACTIONS SUBJECT: New rr Southside Library [BOND ISSUE 2004] (Project No. 4321) PRIOR COUNCIL ACTION: 1. November 2 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 200 4, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax free a 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. ll _ , 2006, - Resolution authorizing the City Manager or his designee to execute an Interloual Agreement with the Corpus Christi Independent School District to locate and jointly operate a branch library on district property next to the Kaffie Middle School. (Resolution No. 026807) 4. September 19, 200 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500 (Ordinance No. 026997). 5. October 10, 2006 - Ordinance approving an advance of $292,524 from the Street 2005 Capital Improvement Program Fund No. 3541 to and appropriating in the Library 2006 Capital improvement Program Fund No. 3225 for the Southside Library Project; Amending the FY 2006 -2007 Capital Budget adopted by Ordinance No. 026997 by increasing appropriations by $292,52400; and declaring an emergency. (ordinance No. 02716) 6. October 10, 2006 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with WKMC Architects, Inc. of Corpus Christi, Texas, in the amount of $292,524 for a total restated fee of $307,524 for the New Southside Library BOND ISSUE 2004. (Motion No. M2006 -326) 7. February 27, 2007 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 for project management services in the amount of $25,105.98 with Anderson Group Construction Management, Inc. for the New Southside Library BOND ISSUE 2004. (Motion No. M2007-062) EXHIBIT A -1 Page 1 of 2 H:\HOME\LYNDA \GEN\Libra 14 1 - New Southside Librar ' E HIBIT A-1 PRIOR PROJECT A TI N .doc PRIOR ADMINISTRATIVE ACTION: 1. August 26 2004 - Distribution of Request For Qualifications RFC No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non-local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects to 175 engineering firms local and 106 non-local). 4. March 7, 2006 — Administrative approval of the ratification of a small NE agreement for Architect Engineer Consultant Services to Chuck Anastos Associates, Inc. in the amount of $11,250 for the New Southside Library project (site selection). 5. July__ 27, 2006 - Administrative approval of a small NE agreement for Architect Engineer Consultant Services to WKMC Architects, Inc. in the amount of $15,000 for pre - design phase of the New Southside Library project. 6. December 1, _2066 - Administrative approval of an Agreement for Construction Materials Engineering Laboratory's Inspection and Materials Testing Services with Kleinfelder #er in the amount of $4,100 for the New Southside Library project. EXHIBIT A -1 Page 2 of 2 HAH ME1LYNDA \ EN1Librar 143 1 - New Southside Lfbrary\EXHIBIT A-1 PRIOR PROJECT A TION .doc NEW SOUTHSIDE LIBRARY [BOND ISSUE 2004] (PROJECT NO. 4321) PROJECT BUDGET August 21, 2007 FUNDS AVAILABLE: 2004 Bond Election $3,500,000.O0 Library CI P Interest Appropriation 205,365.63 Total Funds Available $3,705,365.63 FUNDS REQUIRED: Construction Contract (The DLP Group) $2,910,550.00 Contingencies (3%) 87,316.50 Consultant (WKMC Architects, Inc.) 331 ,524.00 Consultant (Chuck Anastos Associates, Inc.) 11,2 0.00 Consultant (Anderson Group Construction Management) 25,105.98 Testing 32,000.00 Engineering Reimbursements ursements 30,000.00 Issuance Expenses 4,023.01 Fixtures, Furniture and Equipment (Audio Visual/Phones, etc) 85,950.00 Public Art 24,950.00 Miscellaneous (Printing, Advertising) 7,680.00 Total $3,550,349.49 Exhibit Page 1 of 1 TABULATION OF BIDS DEPARTMENT OF ENGINEERING SERVICES - CITY OF CORPUS cHRIsn, TEXAS • z • Op i •r fix u ▪ Z 8 w u) Z ▪ z W O y LIJ t. sp 0 us 1 0 I 0 w 1- z 0 2 0 0 0 • X a. 0 ig ce . ri " .z -§ el. * a. g 4- .-- . 2 L Lli OM x i Z wad CO I0 $2, 920, 000.00 0 0 0 0 3 a • , $2,826,58219 $2,747,000.00 c �_ - Eel tat • 0 O <• 0 0 c 0 {G o T ADDITIVE ALTERNATE NO. 1 Add flooring and recessed foundation. S f{ ,:4,-.1:.;','::),7,5 y•v o* } `x , Y '. 'r z 7' f �s ry ",. ' r. ;+7 1 , u/ g-} . . r {odi electric + + . M y � : ADDITIVE ALTERNATE NO. 2 Add custom fabricated wood faced Circulation Desk . °. �" '° +° °° • " , ' . ,; with •renite cOtJntert *s. IL!tt, s s r � w .:,<� # # # ADDITIVE ALTERNATE NO. 3 aitvRolva Add deli * hated Libra steel r�.. * ■ 1, i ° * •«y � Ali . .7 { E ! w 4�AC .,�4r4. ' ADDITIVE ALTERNATE NO 4 Add designated plastic laminate/wood faced gmtweitis, A i t � :ry e � $` t casework. . � . A : ADDITIVE ALTERNATE NO. Chan • a all a s • halt . - in. to concrete • _vin.. $ 56 500.00 $ 102 480.25 $ 85 200.00 $ 80 065.00 ADDITIVE ALTERNATE N. 6 DELETED Add designated custom built furniture. — _____ ADDITIVE ALTERNATE N. 7 Add masonry screenwall fence, foundation beam, ornamental fence/gates k Mech. Yard $ _ 30,000.00 $ -"-16,330.65 - -_ _ " - -" "- - - "$- 19,600.00 ______ - $ — 19 700.00 DEDUCTIVE ALTERNATE NO.8 liAllow substitute manufacturer for HVAC digital controls. $ 4 000.00 500.00 500.00 8 000.00 ADDITIVE ALTERNATE NO. 9 Add designated additional storm drain piping and inlet(s). $ 9,500.00 $ 23,750.55 $ 9,100.00 $ ,200.0Q ADDITIVE ALTERNATE NO. 10 Add Library Theft Detection m at twa � � :'c2 , n M1� � .p .� ' i : t ryh �: 'l ��� 3' � , '�,� ° l`.':rbJ., ..t.in . y. . .,.,:Gwa • y.rr(. >� w; ' , . - . ;,, °... .� r ° } : #', ' ,�t �i � r x,' ; r.' locations. ti.. �.. ,w 'x x'. ..,..h. 0 .. - 4 .i. ,v,x ' ..., ......,E.. ..."'.... TOTAL (Base BId plus Shaded Alternates) $2,910,550,00 $3,005,479.59 $3,034,100.00 $3,112,900.00 0 E re c EXHIBIT "C" Page 1 of 1 0 0 File : \Mproiect\coundllexhiLilts\exh432i.dw CORPUS CHRISTI BAY LOCATION MAP NOT m SCALE VICINITY MAP NOT TO SCALE CITY PROJECT No, 4321 EXHIBIT D PAGES 1 OF 2 NEW SOUTHSIDE LIBRARY (BOND ISSUE 2004) ?itCITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS OF ENGINEERING SERVICES PAGE: 7 of 1 imp mat DATE: 07-10-2007 11111011 1 M II 1.0 II 1� I I �1 III1rN��11� �� 1 l � r� 11111111A111111111111 I 1 11111111 11I1111111H 1I 1/6 11111111111111111 1 � 1 1 STOIC MENGE STREET EXHIBIT PAGES 2 OF ORDINANCE ORDINANCE APPROPRIATING $152,485.25 FROM THE UNAPPROPRIATED INTEREST EARNINGS IN THE LIBRARY 2005 CIP FUND 3224 AND TRANSFERRING INTO LIBRARY 2005 CIP FUND 3224; APPROPRIATING $52,880.38 FROM THE UNAPPROPRIATED INTEREST EARNINGS IN THE LIBRARY 2007A CIP FUND 3225 AND TRANSFERRING INTO LIBRARY 2007A CIP FUND 3225 FOR THE NEW SOUTHSIDE LIBRARY; CHANGING CAPITAL BUDGET FY 06 -07 ADOPTED BY ORDINANCE NO. 026997 BY INCREASING APPROPRIATIONS BY .$205,365,63; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY of CORPUS CHRISTI, TEXAS: SECTION 1. An amount of $152,485.25 from the unappropriated interest earnings in the Library 2005 CIP Fund 3224 is appropriated and transferred into Library 2005 CIS' Fund 3224. SECTION 2. An amount of $52,88O38 from the unappropriated interest earnings in the Library 2007A CIP Fund 3225 is appropriated and transferred into Library 2007A CIP Fund 3225 for the New Southside Library. SECTION 3. Capital Budget FY 06-07 adopted by Ordinance No. 026997 is changed by increasing appropriations by $2O5365.63. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of August, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 14- Pig -07 Veronica Ocanas Assistant City Attorney for City Attorney ORD Appro 4 Southside LIB 21-Aug-07.1Ia 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: ire, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council, Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett -- - - Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ORD Appro 4 Southside LIB 21-Aug-07.IIa 29 CITV COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: August 21, 2007 AGENDA ITEM: Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master channel 27 Drainage Project, on five tracts of land known as Parcels 5A,5B,6A,6B, and 6C; and for a related Drainage and Utility Easement known ern as Parcel 5C; together with two related Temporary Construction Easements; all out of Lots 22, 23, and 24, Section 20, Flour Bluff & Encinal Farm & Garden Tracts; from the owners, Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee; for the public purpose and use as a storm water drainage channel and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of the City's power of eminent domain. ISSUE: The Master Channel 27 Drainage Improvement Project consists of 2.05 miles of channel excavation and construction which is designed to reduce flooding in the adjoining areas affected by present and future development. The proposed channel originates at Cimarron Boulevard and continues eastward into the Cayo Del Oso as shown on the Exhibit B route map. City staff has negotiated and acquired 13 of the 30 parcels of drainage right -of -way needed for this project. Negotiations have reached an impasse for Parcels 5A through 6C which are owned by Diaz Capital Partnership, Ltd. and Nabil Emilady, Trustee. City Council approval of a resolution is needed authorizing acquisition of these parcels by the City's power of eminent domain. FUNDING: No funding is required at this time. RECOMMENDATION: Approval of the resolution as presented. A9 B /607 n I ' . Escobar, P. E. Di ector of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit D. Exhibit D. Background Information Master Channel 27 Route map Parcel Map Resolution HAH MEIEUS BIO I EN1 gende IternslM ster Channel 27.DiazkAgenda Memorandundoc BACKGROUND INFORMATION SUBJECT: Master Channel 27 Drainage Improvements (#2263) Resolution for Condemnation (Parcels 5a to C PROJECT BACKGROUND: The Master Channel 27 Drainage Improvements Project is proposed to help reduce flooding of the Mary Carroll Channel and Master channel 31 drainage systems in the conveyance of storm water runoff. Master Channel 27 is designed to help reduce flooding in the adjoining areas. This ro'J ect wilt consists of an earthen open channel with reinforced concrete box culverts at road crossings. The length of the channel will be approximately 2.05 miles beginning at Cimarron Boulevard and ending at the Cayo Del Oso. A total of 30 parcels consisting of drainage right-of-way and drainage/utility easements are necessary to be acquired for this project as shown on the attached Exhibit B. City staff is currently in negotiations for all the needed p arcels and have acquired 13 to date. Negotiations for Parcels 5a through 6c are at an impasse and p have terminated due to the vast difference in the land value between the City and the landowners. A City Council resolution is required in order to p ermit use of eminent domain proceedings to acquire the necessary parcels of land. The excavation of the channel is currently in progress. The drainage channel excavation from County Road 7B to Rodd Field Road has been completed. The low flow concrete channel in this section is now 50% complete. Starting at station 63+50 or at the east ed e of Parcel 4, approximately 50' of double 10' X 7' boxes have been installed. PARCEL DESCRIPTION: IPTIOON�-: There are six parcels that are needed from the landowners located along Brooke Road between Airline Road and Rodd Field Road as shown on the attached Exhibit C. Parcels 5B and 6C, containin g 3.27 acres, will be needed for construction of the open channel across two tracts of land. Parcels 5C and containing .73 acres, will be needed for installation of underground concrete boxes and for utilities. Parcels 5A and 6B consists of a ten foot wide strip of land containing .26 acres which is p g necessary for access to the drainage channel during construction and for future widening of Brooke Road. These parcels are located on a 6.7 acre tract and a 17.9 acre tract owned by Diaz Capital Partnership, Ltd. and Nabil Emilady, Trustee. The land is currently unplatted, vacant and zoned FR or Farm Rural. This land use onin g will be permitted to be converted in the future to residential or multi-family use. PARCEL �GOTI S: The City and its consultant, Maverick Engineering, presented the landowners with a plan to construct the drainage channel alon g the north side of their two tracts of land which front on Brooke Road. The landowners agreed to dedicate the needed parcels of land for the City's project. In return, the City had agreed to construct the channel on their land at no cost to them. In addition, the City would p rovide them access to their land from Brooke Road by granting them an Access Easement. The landowners signed a letter to the City which agreed to this dedication and to execute a Dedication Agreement which would be escrowed at a title company. Upon presenting the Dedication Agreement for their signature, the landowners recanted their agreement and stated that they required compensation instead. EXHIBIT A The City proceeded to apprai Pasadena, Texas in the amount of $10,356,062.70 for the Master Channel 27 Improvement ement projects for the Base Bid and Additive Alternates No. 1, 3, and (Motion No. . 2007- 087) 4. rkilav 15, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gloria Diane Oliver Meerdink in the amount of $25,000 for fee simple property rights to 9.843 acres of land, plus $900 in closin g costs; all out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located off of Brooke Road and County Road 7B; necessary for the Master Channel 27 Drainage Improvement Project (##2263). (Motion No. M2007-125) 5. Mav 29 2007 - Motion authorizing the City Manager, or his designee, to execute a Construction Management Services Contract with Anderson Group Construction Management Company of Corpus Christi, Texas in the amount of $199,350.00 for the Master Channel 27 Drainage Project. (Motion No. M2007-142) PRIOR ADMINISTRATIVE ATI E ACTION: None JJURECOUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $25,000 000 , $ 0 { t effective September 1, 2007) and, 2. Authorize the payment of any Special Commissioners Award for the condemnation of any parcels whose cost is in excess of $25,000 ($50,000, effective September 1, 2007). H,1H0MEIEU EBI \GE \Ag nda Iternaviaster Channel 27.Diaz\Background.doc EXHIBIT A (os-� S7dVd) dlifl 39VNIV1O LZ 7NNVHO ILSVW t9ON 13fOId A.LIO L - t - :3IVG JO aatfd M P) cl 0 % `^ y Z z= r gi -4 ro Lin cp File LOCATION MAP 1+or'TO scac� CITYPROJECTNo. 2263 VICINITY MAP NOT TO SGIlE MASTER CHANNEL 27 DRAINAGE IMPS. PARCELS 5A, 5B, 5C, 6A, 6B, & 6C EXHIBIT C CITY COUNCIL EXHIBIT CITY OF CORPUS CHRIST!, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 o am DATE: 08-14-2007 RESOLUTION DETERMINING A PUBLIC NECESSITY TO ACQUIRE FEE SIMPLE TITLE TO THE SURFACE ESTATE ONLY FOR A STORM WATER DRAINAGE PROJECT, KNOWN AS THE MASTER CHANNEL 27 DRAINAGE PROJECT, ON FIVE TRACTS OF LAND KNOWN AS PARCELS A, B, A, B, AND 6C; AND FOR A RELATED DRAINAGE AND UTILITY EASEMENT KNOWN AS PARCEL 5C; TOGETHER WITH TWO RELATED TEMPORARY CONSTRUCTION EASEMENTS; ALL OUT OF LOTS 22, 23, AND 24, SECTION 20, FLOUR BLUFF & ENCINAL FARM & GARDEN TRACTS; FROM THE OWNERS, DIAZ CAPITAL PARNERSHIP LTD. AND NABIL EMILADY, TRUSTEE; FOR THE PUBLIC PURPOSE AND USE AS A STORM HATER DRAINAGE CHANNEL AND FOR OTHER RELATED PURPOSES; AND AUTHORIZING THE CITY MANAGER AND THE CITY ATTORNEY TO ACQUIRE THE SUBJECT PARCELS BY MEANS OF THE CITY'S POWER OF EMINENT DOMAIN. WHEREAS, the City of Corpus Christi has implemented a storm water improvement project, known as the Master Channel 27 Drainage Project, to build a new storm water drainage channel and a related underground drainage and utility facility hereinafter referred to collectively as the "storm water improvement project" to serve the City; and WHEREAS, the storm water improvement project has entered into the acquisition phase; and WHEREAS, the City of Corpus Christi has determined that there is a public necessity for the storm water improvement project and has determined that there is a public necessity for the acquisition of property rights, consisting of fee simple title to the surface only and Drainage and Utility Easement rights in land that will be used for this project, as shown and described in Attachment "A"; and WHEREAS, the City of Corpus Christi has authorized acquisition of the needed property rights by means of negotiations and through eminent domain; therefore, BE IT RESOLVED BY THE CITY COUNCIL F THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council of the City of Corpus Christi hereby determines that there is a public necessity for storm water drainage EXHIBIT D 1 of 3 improvements as above recited; and that it is necessary for the public welfare and convenience to acquire from the owners thereof the fee simple title to the surface estate only and Drainage & Utility Easement rights as shown and described in Attachment "A" as the subject property, for the public purpose of the new storm water improvement project. SECTION 2. That the City Manager and the City Attorney are authorized to act on behalf of the City to acquire the subject property, either by negotiated purchase or by filing or causing to be filed condemnation proceedings under Texas law in the event the consideration to be paid for the taking cannot be agreed upon by negotiation. SECTION 3. That this resolution shall take effect immediately. SECTION 4. Severability: If any provision, section, subsection, sentence, clause, or phrase of this Resolution, or the application of the same to any person or set of circumstances is for any reason held to be unconstitutional, void, or invalid, the validity of the remaining portions of this Resolution shall not be affected thereby, it being the intent of the City Council in adopting this Resolution that no portion hereof, or provisions or regulation contained herein, shall become inoperative or fail by reason of any unconstitutionality or invalidity of any other portion hereof and all provisions of this Resolution are declared to be severable for that purpose. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved as to form on 14-Aug-07 By: Veronica Ocafias Assistant City Attorney for City Attorney Henry Garrett Mayor EXHIBIT D 2 of 3 day of , 2007 The above resolution was passed by the fellow vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael l l C tchon EXHIBIT D 3 of 3 File : pro' t urn iUexhi i e xh22 d. w IM CITY COUNCIL EXHIBIT MASTER CHANNEL 27 DR4INAGE IMPS il c CORPUS � � P� M��� �ES PARCELS 5A, 5B, 5C, 6A, 68, 8 6C PAGE: 1 of DATE: 08-14-2007 30 CITY COUNCIL AGENDA MEMORANDUM city Council Action Date: /21 AGENDA ITEM: An ordinance amending Chapter 33, Article VI. Graffiti control, of the city Code Of Ordinances by revising the provisions regarding notice requirements, the hearing process, eradication efforts and providing for liens; providing for severance, providing for publication, and providing for penalties. ISSUE: The removal of graffiti from public and private property needs to be facilitated. PREVIOUS COUNCIL ACTION: Ordinance was last updated in September of 2000. REQUIRED COUNCIL ACTION: Approval is necessary to enact the changes in the ordinance. CONCLUSION AND RECOMMENDATION: Staif recommends accepting the ordinance changes. Attachments: Ordinance ryan P. Smith Chief of Police BACKGROUND INFORMATION The City of Corpus Christi's graffiti ordinance was last amended in September of 2000. The ordinance, as passed, relied primarily on volunteer organizations for clean-up efforts. Since that time, there have been changes in the manner in which graffiti eradication is carried out as the burden on volunteer organizations and the police department for graffiti clean -up has become overwhelming. The implementation of the new graffiti truck" dedicated to clean -up, coupled with a more expedient notification and enforcement process in the ordinance amendment , will allow for a better use of the available resources to combat graffiti. Specifically, eradication and clean -up should take place as early as 7 days after being reported as opposed to the up to 30 day time frame in the existing ordinance. There is no charge for those individuals who allow the city to clean -up the graffiti on their property. However, property owners unwilling to allow the City to clean-up graffiti on their property would now face the possibility of assessment of abatement costs after a hearing and of being issued a citation. Many cities, most recently San Antonio, have passed similar amendments with successful results in the fight against graffiti. Key points in the ordinance amendment include: Property owner may sign a consent form to allow City to eradicate graffiti. - Consent forms are valid until revoked in writing. Consent is presumed unless the property owner notifies the city to request a hearing within 7 days of the initial notice from the City. Hearing will be held to determine• if the graffiti constitutes a public nuisance. If the Hearing officer determines a public nuisance exists, an eradication order will be issued and the property owner will have 48 hours to remove the graffiti before the City enters the property for eradication. - If the city eradicates as per an eradication order, the property owner will be charged the actual costs of removal, due in 30 days. - City may file a lien for the costs incurred due to an eradication order if no payment is received. Citizens can report graffiti by calling the Customer Call Center at 826 -CITY (2489) or by submitting a service request through the Customer Online Center on the City's web site at www.cctexas.com. AN ORDINANCE AMENDING CHAPTER 33, ARTICLE VI. GRAFFITI CONTROL OF THE CITY CODE OF ORDINANCES BY REVISING THE PROVISIONS REGARDING NOTICE REQUIREMENTS, THE HEARING PROCESS, ERADICATION EFFORTS AND PROVIDING FOR LIENS; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING FOR PENALTIES; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 33, Offenses and miscellaneous provisions is amended by revising Article VI, Graffiti Control, to read as follows: ARTICLE VI. GRAFFITI CONTROL DIVISION 1. GENERAL PROVISIONS Sec. 33-100. Purpose and intent. The city council enacts this article to help prevent the spread of graffiti vandalism and to facilitate removal of graffiti from public and private property. The council finds that graffiti is a public nuisance and destructive of the rights and values of property owners and the entire community. Unless the city acts to remove graffiti from public and private property, the graffiti tends to remain. Other properties then become the target of graffiti, and entire neighborhoods are infected and become less desirable places in which to live and support families. Graffiti erodes property values which reduces critical tax base. Graffiti intimidates ciders and promotes a lawbreaking environment. The council finds that existing law is inadequate to combat graffiti in the city. This article is intended to provide additional enforcement tools to protect public and private property from graffiti, and shall not be construed to conflict with existing state laws. The council finds that property owners must take responsibility for removal of graffiti on their property. This may be done by removal or overpainting by the property owner, or by the property owner providing written permission for removal by tedtv or its ao ents volunteers or community ggiyice painting groups. Sec 33 -101. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases shall have the meanings designated. Aerosol paint container means any aerosol container that is adapted or made for the purpose of applying spray paint or any other substances capable of defacing property. Consent means assent in fact, express or apparent, by the owner of, real aciperty a person legally authorized to act for the owner. Felt Grp maker means any felt tip marker or similar implement with a flat or angled writing surface that, at its broadest width, is three-eighths of one inch or greater, containing ink whether water soluble or not. Graffiti means any unauthorized inscription, word, Letter, figure, painting, drawing, mark, or other defacement that is written, marked, etched, scratched, sprayed, drawn, painted, or engraved on or otherwise affixed to any surface of public or private property. Graffiti implement ent means any aerosol paint container, paint gun, paint ball gun, felt tip marker, paint stick or graffiti stick, brush, or etching tool or etching device, or n other l vice that faditak_k pr is capable of scarring, marking, or otherwise defacing glass, metal, concrete, wood, or any surface. Minor means, for the purposes of this article, any person under (21)eiqhteen ,years of age. Owner means any person who has title to the real property or legal right to control the property, including the owner's authorized representative. Paint stick or graffiti stick means any device containing a solid form of paint, chalk, wax, epoxy, or other similar substance capable of being applied to a surface, and upon application, leaving a visible mark. Removal means any method of obscuring, covering, eradicating, sandblasting, treating, overpainting, or washing which serves to combat the existence and appearance of graffiti. Unauthorized means without the advance consent of the owner and without authority of Ian, regulation, or ordinance. Volunteer or Community service painting groups means organizations whose activities include projects to cover graffiti. This purpose does not include painting houses, fences, or structures to enhance their value. DIVISION 2. OFFENSES sec. 33-102. Defacement. (a) Application of graffiti. Application of graffiti is unlawful under Texas Penal Code 28.03 (criminal mischief) and Texas Penal Code 28.08 (gra frti acrd shall be prosecuted thereunder. Applicator's failure to remove gmffiti. A person who applies graffiti commits an offense every day the person fails to remove the graffiti and restore the property to its original condition. (c) Parental duty. A parent may be prosecuted under city Code section 33-489 for lack of supervision related to graffiti. A parent's civil liability for graffiti damage by a child is controlled by Texas Family Code section 41.001. Sec. 33-103. Possession of graffiti implement. (a) Minor's possession of graffiti i implerr e n . A minor commits an offense if the minor possesses a graffiti implement on public or private property. It shall be a defense to prosecution that the graffiti implement was possessed with the advance consent of the property's owner. It shall be a further defense to prosecution that the graffiti implement was possessed in a place where it was going to be used in a nongraffiti activity, such as employment, school, church, art, or other activity, or enroute to or from such place. (b) Closed properly possession of graffiti implement. A person commits an offense if he possesses a graffiti implement in any publicly -owned or privately_ owned building, facility, park, school ground, playground, swimming pool, right - of -way, or other property, or grounds thereof, when such property is closed to the public. It shall be a defense to prosecution that the person's presence in the closed area was with the advance consent of the owner. sec. 33-104. Removal of graffiti by property owner; city removal of graffiti upon failure of property owner to do so; notice required. (a) Property owner's failure to remove graffiti. A person commits an offense if the person is the owner of the ri property and knowingly falls to remove and fails to consent to the removal of graffiti from the property, including any a.,rnance within r days of receipt of written notice provided by the city in accordance with subsection e of this section when the graffiti is visible from: A public place; (2) Public right -of -way; or, (3) Another person's m I property. PFelaeFFT (ek) Notice of violation and right _ _ _ r cess headra The city must notify the real property owner in writing that the owner's property appears to have graffiti; program, and inform the owner that the owner's consent to removal designated-program-by the cit will be presumed unless the owner notifies the city otherwise within ,.! ., days of the notice and requests a hearing in accordance with subsection . ��M - +■rY irr■�■ ■rte �1■Y /Y\ l -V ■� = Notice under this Article shall be given: IjiligL_soniat in writing to the vner: or (2) By Q.J.S. mail _addressed to the owner' address or P.O. Box; or £3) - By ojti ,g the notices art ■„r leer the front door of the main building on the • r •e to which the violation relates; or B ostin the notice on a • iacard attached to a stake driven into the 1 1 round on the • ro • e to which the violation resat s if the .ro containsiT buildings. Hearin ro e��. o yer of real oro•e _ ub'ect to abatement under this Article reusir consent to removal ma ut a hearir by notifying the city within seven da s foliowin ! the date the c serves the r: • uired notice. The !arinqshaI1 be conducted b a hearin official des hated by the city mina er for the purpose of determining_wheth&he conditions constitute a • ublic nuisance under the • rovisions of this Article. Unless notice is waived b the owner the owner shall be rovided written notice of the time and lace of the timing At least seven da rior thereto At the hearir, • the owner and the c' ma • resent an evidence relevant to the • roce 4 n_ s. If the hearing official finds that conditions constitutin a nuisance exist the hearin official shall issue an order so statirg and that unless the graffiti is removed within forty -eight (48) hour j e city shall ?inter i on,,the property, abate the graffiti. and provide the owner with a statement of the css- of the eradication effort on a full cost recove basis. The hearin official after the hearnn• shall be final and not a cealabie. (d) Not sooner than the time - specified in the order of the hearing official. the city mans er or the ci r�nna er's deli nee shall implement t a eradication order and shall provide a stakinent of costs to the owner deriding payment of the actual associated abatement costs within thirty d s_ of receipt in addition to a $50.00 administrative Drocessin. fee. The c��rra� also additional charges for actual costs incurred during extraordinary abatement efforts. (e) iutter Consenf. Written consent riven by the owner or the owner's '1giP I�1YlI�����i�l����YI ■��Y� re * resentative to enter and abate • raffttti on the • ro • e constitutes continu in • consent and shall remain in effect for future abatement actions until revoked in writJng, the owner or vner s re resentatjv . ��n•in�7r•9Y�•_ - -- -- �i iY■ �r��ir rrrrr_� � rrrr f Liens. If an invoice or statement of costs has not been • aid within the s • erred time . eriod the c mana • er, or he city manager's designeejnyfij a statement of expenses incurreciAith the County Clerk of the county stating the owner's name if known, and the !egaLdescriDtion of the logpssargel. The statement of ex • enses or a certified co • of the statement shall be • rima facie roof of the ex enses incurred. Such statement shall be and the c' shall have a .prnvileoed iien_r expenditures made and interest accruing at the rate allowed by law on the amount d frqrijthate incurreciby _t- city. Such liens shall be jfenor onl to tax liens and liens for street ins •rovements. The city may foreclose such liens in a • roceedin brow ' ht in accordance with a • • iicabie Paw. The remedv allowed in this subsection shall not be the city's Je, r r l morreta arInounts collected or moneta donations received under this Aire designated within the eneral fund to be used for activities consistent with ran fiti eradication. Sec. 33 -105. Criminal penalty. An offense under this article shall be punishable by a fine of five hundred dollars ($5U0.00). DIVISION 3. ANTI- GRAFFITI ACTION Sec. 33-108. Anti- graffiti action. The city manager or city manager's designee is directed to implement, as resources permit, measures aimed at graffiti control, including but not limited to: (1) Providi encouraging businesses and other potential donors to contribute to the paint bank. Educating parents and the public that parents are liable for damages caused by their child's graffiti. Encouraging anti - graffiti education in schools. (10) Establishing a system for the city to accept assignment of claims from graffiti victims in order to file damage suits against parents and graffiti vandals. (11) Evaluating annually the effectiveness of this article, and recommending to the council on the possible need to adopt additional measures. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 33-105. SECTION 5. The effective date of this Ordinance shall be September 4, 2007. 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 ell Milne McCutchori 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 H mr ell Mike McGutcl on Bill Kelly PASSED AND POE , this the day of - -., 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to legal form , 2007. By: Joseph Ha y Assistant City Attorney For City Attorney Revised Graffiti Ordinance Tagging crews ■ Tagging crews v. criminal street gangs — Notoriety ■ 40 tagging crews, 20 active • 7 street gangs are active taggers • @ 60% juveniles (16 & under), © 40% adults based on arrests made • Some neighborhoods hid harder than others • Other cities facing similar problems iiiiIiiiiii 1 3 kSF.E":JJ 1 1 7 rE3. ¢ .:mow r k:t s*k;sr x 10 Revised Graffiti Ordinance • 33 -IOU Purpose &intent • 33 -101 Definitions • 33 -1Q2 Defacement • 33 -1U3 Possession of graffiti implement • 33 -104 Removal of graffiti by property owner; city removal of graffiti upon failure of property owner to do so; notice required (most changes made here) • 33 -105 Criminal penalty • 33 -106 Anti - graffiti action (new) Current Ordinance ■ Owner commits violation if graffiti not removed within 30 days of notice by City • City has right to remove graffiti or have a volunteer group remove it ■ Free removal available via specified program • Violation (33 -105) is a $500 fine 11 Revised Ordinance • Removal of graffiti by city and /or volunteers — Free on commercial and residential properties (for most cases) if owner signs a consent form -- Owner given 7 days instead of 30 days after notice — Consent presumed if city not contacted within 7 days after owner notified Revised Ordinance • Removal of graffiti by properly owner — Owner has right to a due process hearing • If location found to be in violation, owner has 48 hours to remove graffiti after the hearing • If City must remove it after a hearing is held, it will charge for removal • City can place lien on property to recover costs • Any monies collected designated in General Fund for graffiti eradication 12 Revised Ordinance • Simplifies notification process • Removal of graffiti by property owner — Written consent remains in effect until revoked by owner Revised Ordinance • Establishes anti-graffiti measures that City Manager will implement as resources permit —11 items designed to reduce graffiti 13 Anti - graffiti process • Call Center creates work orders for calls not in progress • Work orders forwarded to graffiti truck operators or appropriate department • Graffiti truck operators take digital photos • Information forwarded to police graffiti investigators Citizen calls for graffiti removal • Cali center (option #6 on the message) • Web site for reporting on -line • Citizen must sign a waiver before city employees can remove graffiti from private property 14 Comprehensive plan • Graffiti coordinator • Data -entry personnel • Public service announcements • Tagging suspects database • Cooperation between CCISD & CCPD • Police investigative techniques 15 31 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: August 21, 2007 AGENDA ITEM: Amending Chapter 14 "DEVELOPMENT SERVICES," Article XIII "DEVELOPMENT SERVICE FEES" Division 4 "PLATTING ORDINANCE FEES," Section 14 -1341 "PLATTING ORDINANCE FEES," and Chapter 55 "UTILITIES," Article V "TAPS AND CONNECTIONS," Section 55-70 ;'ADOPTION OF RULES, REGULATIONS AND WATER AND GAS FEES," and Section 55-71 "SEWER TAPPING FEES" of the Code of Ordinances, City of Corpus Christi, to increase or establish fees related to Platting Fees and Tap Fees; Providing for severance. ISSUE: Amending the Development Services Fee Schedule based on the change in the Construction Index Inflation Rate published on August 1, 2007 and as stipulated in the City of Corpus Christi Platting Ordinance (Section V.B.5.e)(2)) Debbie A. Marroquin, P. Interim Director of Development Services Attachments: Background Information AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION SUBJECT: Amending the Development Services Fee Schedule BACKGROUND: The City's Platting Ordinance, Section . B. .e 2 requires that "... all fees and Charges be indexed to the Construction Index published in the Engineering News Record." (Ordinance No. 25455, 8/26/03) The Development Services Fee Schedule needs to be amended to update the fees impacted by the Construction Index. The Engineering News Record published the Index change on August 1, 2007, stating a 3.8% increase for Construction Cost. The publication cited labor costs as the • contributing factor for the annual increase, as the materials component of the index declined. The Development Services Department has been updating the fees administratively the last five years in accordance with the Platting Ordinance, but they have not been updated in the Code of Ordinances, City of Corpus Christi. This amendment will establish prior increases, as well as the current increase. Page 1 of 1 Page 1 of 7 AN ORDINANCE AMENDING CHAPTER 14 "DEVELOPMENT T SER ICES," ARTICLE Xi II "DEVELOPMENT SERVICE FEES" DIVISION 4 "PLATTING ORDINANCE FEES," SECTION 14-1341 "PLATTING ORDINANCE FEES," AND CHAPTER 65 "UTILITIES," ARTICLE V `TAPS AND CONNECTIONS," SECTION 55- "ADOPTION OF RULES, REGULATIONS S AND WATER AND GAS FEES," AND SECTION 55-71 "SEWER TAPPING FEES" OF THE CODE OF ORDINANCES, ANCES, CITY OF CORPUS CHRISTI, TO INCREASE OR ESTABLISH FEES RELATED TO PLATTING FEES AND TAP FEES; PROVIDING FOR SEVERANCE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 14 "Development Services," Article XIII "Development services Fees," Division 4 "Platting Ordinance Fees," Section 14-1341 "Platting ordinance fees" of the Code of Ordinances is amended to read as follows: Sec. 14-134t Platting ordinance fees. This division sets the amounts of the fees required by the platting ordinance. TABLE INSET: PLATTING ORDINANCE FEES Platting application Type I or IA < 1 acre Type! or IA 1 >= 5acres Type 1 or IA > 5 acres AMOUNT OF FEE Type 11 or I1A < 1 acre Type!! or IIA 1 >= 5 acres Type 11 or IIA > 5 acres Type III or IIIA < 1 acre Type III or IIIA 1 >= 5 acres $171.00 $341.00 $554.00 $512.00 $792.00 Type 111 or IIIA > 5 acres Application to extend a plat $896.00 Application to plat single lot subdivision by Engineering Services $685.00 $685.00 $685OO $38.00 $60.00 H:1LE -DIRl hared\ ary lag nda\ 007 8- 1l rd- Amend - Onstru tiara Inde ." .do Page 2 of Deposit for review of deed or surveyor field notes $50.00 Hardship variance application fee Platting appeal application fee Participation agreement Deferment agreement fee Utility easement by separate instrument fee 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 Water distribution line front foot pro rata fee Pllc water tap fee Pl1 C lot fee for water infrastructure PIIc acreage fee for water infrastructure Lot fee for wastewater i nfrastructure $160.00 $50.00 $610.40 $1,087.00 $249OO Acreage fee for wastewater infrastructure Surcharge for wastewater infrastructure Collection line front foot pro rata fee Lot fee for storm water infrastructure Acreage fee for storm water infrastructure Surcharge for storm water infrastructure Front foot pro rata charge $186.00 1 .00 $74Z .00 i266:PO $4-25,00 0.00 $92,0.0 160.00 $3647030 632.00 $4-73:-A9 214.00 $7,53 9.26 $480.00 Request for lot/acreage fee exemption determination Reimbursement agreement $480.00 $1,200.00 $2:83:0O 345..00 $4,133.O0 1 382,00 Recording fees H:1 LEG-DI F l hared\ ary \agendaltO0 k - 211ord -Am nd- on tru o f Ind doc $2.00.4)0 243.00 $41,79 14.72 $0.00 $0.00 $0.o0 $o.00 $60.O0 $535.O0 City's actual costs Page 3 of SECTION 2. Chapter 55 "Utilities," Article V "Taps and Connections," Section "Adoption of rules, regulations, and water and gas fees," of the Code of Ordinances is amended to read as follows: Sec. 55-70. Adoption of rules, regulations, and water and gas fees. The rules and regulations concerning the control, operation and administration of utility taps or services connections water, gas and sewer utilities owned by the city and the regulations prescribing fess for utility taps or service connections are hereby adopted and approved as follows: * Fee schedule, gas: Inside city limits: TABLE INSET: t • - Gas" - Residential, 1 and 2-family d welling $100.00 $100.0 Commercial 0 to two inch in size 300.00 300.00 Commercial l larger than two inch in size 5s_esig: Special *. Loops Meter moves 10.00 50.00 *To be determined y has ivision at the II rilg of tilezggio_§.1 Outside city limits: TABLE INSET: • Gas--Residential, 1 and 2- family dwelling Commercial pip t two inch in size .rercial lamer than to inch in size �i .�..r�rr�r- rrrrrrarrwT-.w��- -- - riw $100.00 300.00 sp ci 1' .�f "` Loops Meter moves 10.00 50.00 *To be determined by Gas ivison at the time of tie re rest H:ILE -DII IShared\ ary la endal 2007\8- 21\Ord- Amend- Construction lndex.1.doe Page 4 of (9) Fee schedule, water: (a) Inside city limits: TABLE INSET: *Denotes costs to be specified by the director o publiG wat r__utilities based on circumstances. Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: • 5/8 inch x 3/4 inch t # a 3/4 inch *Denotes costs to be s ecified b (c) Outside city limits: TABLE INSET: 5 inch x 3/4 inch $45.00 10400 65-00 122.00 7-5.00 Spec the director of water utilities based on circumstances H: \LE -DI \hared\ a y \ agenda '200 1 - 1\ rd- mend - on truCtiion Index.1.do Page 5 of 7 Over 1 inch Special* Special* special! Loops*, minimum 44040 339.00 $339.00 Meter moves *, minimum 80.00 . *Denotes costs to be specified by the director of 19-Hia liG water utilities based on circumstances. (d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. TABLE INSET: 1 inch 140.00 Special* *Denotes costs to be specified b the director of water utilities based on circumstances. SECTION 3. Chapter 55 "Utilities," Article V "Taps and Connections," Section 55-71 "Sewer tapping fees," of the Code of Ordinances is amended to read as follows: Sec. -12. Sewer tapping fees. * (b) House service line tap charge: * * * (2) House sewer connections to be constructed in easements applied for after July 1, 1985 shall be charged at a rate of three seven hundred i sixty -eight dollars $ 768.00) except as otherwise herein provided. (3) House service connections to be constructed in streets applied for after July 1, 1985 shall be charged at a rate of &ix one thousand t vo hundr ei hteer doIIars except as otherwise herein provided. * * For sewers in streets of new subdivisions in which house services are already installed to the property line and where final connection is to be made by a plumber, a fee of fifty ninety -eight N: \LEG -DIF hared\ arySlagenda\2007\8 -21 \Ord- Amend- Construction Ind x.i,doo Page 6 of 7 dollars $50-4 will apply effective July 1, 1 985. This fee is to cover the cost of recording and inspecting the sewer tap. 4. if for any reason any section, paragraph, subdivision, clause, phrase, word or SECTION � .. this ordinance shall be held invalid or unconstitutional by final judgment of a provision of th ,�.}} of competent nt jurisdiction it shall not affect any other section, paragraph, subdivision, o l i o jurisdiction, 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 r be given full force and effect for its purpose. Hs LE -CIF I h r dl r a endaI 00 18- 1I rd- Amend- Construction Index.i .do Page 7 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. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon 8111 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 Hummell Michael McCutchon Bill Kelly APPROVED E AND PASSED on this _.�. day of - -.�., 2007. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED: August 15, 2007 } 11q Gry W. Smith Assistant City Attorney For City Attorney FI: \L -DI \Shared\ ar \a enda2 Oo71 - 1lord- Amend - onstruoti0n Index.1.doo . iCity of Cous . Christi