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HomeMy WebLinkAboutAgenda Packet City Council - 10/09/2007CITY COUNCIL AGENDA OCTOBER 9, 2007 Corpus Christi mI-America Cit]I 0 11:5 A.M. - "At Your Service" Award, City Staff` Recognition AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCILCHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 OCTOBER 9, 2007 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR LAJ PHONES AND SOUND ND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. IVIembers of the audience will be provided an opportunity to address the Co n ll 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 s ed desea diri rise al Concilio y cree acre su ingl s es Iimi ad , habra un int rprele ingl s -espar l en todas las juntas del Concilio pars ayudar!e. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City � Se ref ' office (at 361-826-3105) at least 48 hours in advance so that appropriate arrangements can be Trade. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to e given by Pastor Harvey Houston, First Church of God. 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 Tern Mike Hummell Council Members: _._.- Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Att rney Mary Kay Fischer � Bill belly City Secretary Armando Chapa Priscilla G. Leal Michael M Cut hon John E. Marez Nelda Martinez E. MINUTES: 1 A r‘nrrt.i I (If Foal liar MA Linn of S nthmber 25. 2007. (Attachment # 1 Agenda Regular Council Meeting October 9, 2007 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Arts and Cultural Commission G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. if deemed appropriate, the City Council will use a di Agenda Regular Council Meeting October 9, 2007 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 4. Motion approving a supply agreement with Pencco, Inc., of San Felipe, Texas for approximately 81 6,000 gallons of ferrous sulfate in accordance with Bid Invitation No. I- 0006 -08 based on only bid for an estimated annual expenditure of $339,740 of which $283,117 is budgeted in FY 2007 -2008. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds Pp have been budgeted by the Wastewater Department in FY 2007- 2 8. (Attachment # 4) 5. Motion approving a supply agreement with Calabrian Corporation, of Lisle, Illinois, for approximately 865,000 pounds of sodium bisulfate solution for use at the wastewater treatment plants in accordance with Bid Invitation No. B1-0225-07 based on low bid for an estimated annual expenditure of $'162,620 of which $135517 is required in FY 2007-2008. The term of the supply agreement will be for twelve months with are option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2007- 2008. (Attachment ## 5) 8.a. Resolution authorizing the city Manager or his designee to accept a grant in the amount of $80,580 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $25580 for books for the new Southside Library; $3,000 for a part-time archivist for the Central Library; and $2,000 for archival supplies for the Central Library. (Attachment ## 6) 6.b. Ordinance appropriating a grant in the amount of $30,580 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows; $25,580 for books for the new Southside Library; $3,000 fora part - time archivist for the Central Library; and $2,000 for archival supplies for the Central Library. (Attachment ## 6) 7.a. Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $25,000 for improvements to the Parkdale Branch Library. (Attachment ## 7) Agenda Regular Council Meeting October 9, 2007 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7.b. Ordinance appropriating $29,13886 into the Library Capital Improvement Program Fund No. 3210, Project No. 120095, for improvements to the Parkdale Branch Library from the following sources; $25,000 from the Friends of Corpus Christi Public Libraries; and $4,1 38.86 from unappropriated interest earnings from the Library Capital Improvement Program Fund No. 3210; changing FY 200 6-2007 Capital Budget adopted by Ordinance No. 02 997 to increase appropriations by $29,138.86. (Attachment # 7) 8. Motion authorizing the City Manager or his designee to execute a contract with Ricardo Ruiz (Artist) for the design, production, installation, and purchase of a 6-foot high x 12 -foot wide mural, in the amount of $8,550 as part of the Percent for Art Program associated with the Parkdale Branch Library renovation project. (Attachment ## 8) 9. Ordinance appropriating $20,000 from the Unreserved Fund Balance in the Maintenance services Fund 5110 for roof repairs at the Asian Cultures Museum ; changing Ordinance No. 027352 which adopted the FY 2007 -2008 Operating Budget to increase appropriations by $20,000. (Attachment # 9) 10. Ordinance appropriating $'124,644 from the unreserved fund balance No. 9010 Crime Control District Fund for the hiring of two civilian positions, equipment, and supplies in the FY 2007-2008 Operating Budget; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $1 24,644. (Attachment # 10) 11. 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 a tract of land known as Parcel 16; and for a related Inundation and Drainage Easement known as Parcel 16A; both out of Lot 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts; from the owners, William C. Oliver, Virginia Oliver Bettiga, Patricia L. Oliver belong, and Bessie J. Oliver, Individually and as Agenda Regular Council Meeting October 9, 2007 Page 5 CITE COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) community survivor for the estate of Charles D. Oliver, Jr.; 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 # 11) L PUBLIC HEARINGS: (NONE) J.. PRESENTATIONS: Public comment will not be solicited on Presentation items. 12. Report by Chiang, Patel & Derby (CP&Y), Inc., related to the Recent Public Water Quality issues (Attachment # 12) 13. Americans with Disabilities (ADA) Title 11 Transition Plan and Non- Discrimination rimination ordinance Update (Attachment # 13) 14. Update on the Tole Lake Lift Bridge by the Port of Corpus Christi Authority (Attachment # 14) K. REGULAR AGENDA CONSIDERATION SIDERATION of MOTIONS RESOLUTIONS AND ORDINANCES: 15. Motion approving the 2007 Tax Levy of $72,790,741.58 based on the adopted tax rate of $0.563846 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. (Attachment # 15) 16. First Reading Ordinance - Amending the Code of Ordinances, Chapter 13, Article 11, Division 2, Junked Vehicles, by repealing Sections 13-38 through 13 -45 and adopting new Sections 13-38 through 13-45; providing for an effective date; providing for publication; and providing for penalties. (Attachment # 16) 17.a. Motion to amend prior -to second reading the Ordinance amending the Code of Ordinances, Chapter 31 Noise, by amending Section 31-6(i), by adding HVAC systems to the definition and revising the noise measurement process for related machinery. (Attachment # 17) Agenda Regular Council Meeting, October 9, 2007 Page CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17.b. Second Reading Ordinance - Amending the Code of Ordinances Chapter 31 Noise, by repealing the existing chapter and adopting a new Chapter 31 Noise; providing for publication; and providing for penalties. (First Reading 9/25/07) (Attachment # 17) 18. Resolution supporting the use of 128 acres adjacent to J. C. Elliott Landfill by Nueces River Authority in partnership with Coastal Bend Regional Parks Association for use as a regional park. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute a construction contract in the amount of $790,547 with Van Fleet Construction, of Kingsville, Texas for the Parkdale Library Renovations Project for the Base Bid and Additive Alternate No. 1. (Attachment # 19) 20. Resolution authorizing the renaming of the Parkdale Branch Public Library to the "Anita W.T. Neyland Public Library" as recommended by the Library Board, upon completion of improvements to the facility; and repealing Resolution No. 026129, which previously authorized the renaming of the Parkdale Branch Public Library to the 'William T. Neyland Public Library'. (Attachment # 20) 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. 1 HIQ -IE Ef _IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL ICIL D# RING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR THE COUNCIL CHAMBER, GI1 ING 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 us ed se dirge a la junta y cree que su ingl s es limitado, ha bra un int rprete ingl s -espar of en la reunion de la junta pare ayudarle. Agenda Reg lar Council Meeting October 9, 2007 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summer PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, oR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, oR SHOW ANY PERSONAL DISRESP C T 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 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. 21. Executive Session under Texas Government Code Section 551 .074, Personnel Matters, for deliberations on Municipal Court Judges regarding appointment, employment, evaluation, reassignment, duties, discipline, or dismissal with possible discussion and action related thereto in open session. I. 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. 22. CITY MANAGER'S REPORT Upcoming Items 23. MAYOR'S UPDATE 24. COUNCIL AND THEl REPORTS Agenda Regular Council Meeting October 9, 2007 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's offici I ulle in board at the front entrance to City Hall, 1201 Leopard Street, at . 0 U p.m., October 5, 2007. rrnando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Friday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Monday morning. Symbols used to highlight action item that implement council priority issues. 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting September 25, 2007 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Mike Hummel] Council Members: City, y Staff: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Bill Kelly City Secretary Armando Chapa Priscilla Leal Michael McCutchon John Marez Nelda Martinez Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Chaplain Lynne Blackier with Christus Spohn Memorial 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 September 18, 2007. A motion was made and passed to approve the minutes as presented. * * * * * * ** Mayor Garrett referred to Item 2 and the following board appointments were made: Commission on Children and Youth ----- - - - - -- - - - - - - -- - - -- Amanda Stukenberg (Reappointed) J.D. Villarreal (Appointed) Fran v illy s (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 7). There were no comments from the public. Council members requested that Items 6 and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3.a. RESOLUTION 1 0.027425 Resolution authorizing the City Manager or his designee to accept a grant of $22,500 from the Texas Department of State Health Services to provide laboratory services for the analysis of bay water samples and to execute all related documents. The foregoing resolution was passed and approved withlhe following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 3.b. ORDINANCE NO. 02 42 Ordinance appropriating a grant of $22500 from the Texas Department of State Health Services in the No. 1 066 Health Grants fund to provide laboratory services for the analysis of bay water samples. Minutes — Regular Council Meeting September 25, 2007 — Page 2 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". 4.a. RESOLUTION NO. Q274?7 Resolution authorizing the City Manager or his designee to accept a grant of $241 ,637 from the Texas Department of State Health services to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger, and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye,', 4.b. ORDINANCE NO. 027428 Ordinance appropriating a grant of $241,637 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide an immunization program for children, adolescents, and adults, with special emphasis on children two years of age or younger. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 5.a. RESOLUTION_ !_ 1 .02742 Resolution authorizing the City Manager or his designee to accept a grant of $202,923 from the Texas Department of State Health Services to provide essential public health services and to execute all related documents. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 5.b. ORDINANCE NO. 027430 Ordinance appropriating a grant of $202,923 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide essential public health services. 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 6 regarding concession services at Gabe Lozano Sr. Golf Course and Oso Beach Municipal Golf Course. In response to Council Members, Director of Park and Recreation sally Gavlik said that the request for monthly payments strictly on a percentage of gross receipts was because of low revenues due to the lack of golfers. City Secretary Chapa polled the Council for their votes as follows: Minutes -- Regular Council Meeting September 25, 2007 — Page 3 6, ORDINANCE NO, 027431 Ordinance authorizing the City Manager or his designee to execute a seven -month Lease with George Edwards, d.b.a. G. Edwards Enterprises ("Lessee"), to provide concession services at Gabe Lozano Sr, Golf Center and Oso Beach Municipal Golf Course in exchange for monthly payment of 13% of lessee's gross receipts. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel], Kelly, Leal, Il Cutch n, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 7 regarding the 0.N. Stevens Water Treatment Plant. Council Member Hummel) asked whether the original pumps should be replaced instead of refurbished. Director of Engineering Angel Escobar said refurbishment is currently being conducted to make the pumps and motors perform to their optimum and said eventually the pumps will be replaced. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2007 -250 Motion authorizing the City Manager or his designee to execute a construction contract with Excel Pump and Machine, Inc., of Corpus Christi, Texas in the amount of $324,708 for 0,N. Stevens Water Treatment Plant High Service Nos. 5 and 6 Pump and Motor Assembly Rehabilitation FY 2007. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, M Cut h n, Marez, and Martinez, voting "Aye ". Mayor Garrett referred to Item 8, and a motion was made, seconded and passed to open the following public hearing: 8.a. Public hearing regarding South Guth Park land transfer to Texas A & M University— Corpus Christi for university expansion. City Attorney Mary Kay Fischer explained that the public hearing is required pursuant to the Parks and Wildlife Code to allow the public to provide comments related to change in the use of the park land. Dr. Flavius Killebrew, President of Texas A & M University — Corpus Christi provided a brief presentation regarding the expansion; the need for land in proximity to the university; the South Guth site; and the economic impact to the City. Mayor Garrett called for comments from the audience. Bill Kopecky, 3609 Topeka, spoke regarding the wording of the resolution; consideration of the city identified ballpark area; and concurrence from the Texas A & M University System Board of Regents. Scott Elii f, 929 Driftwood Place, spoke in support of the expansion and the impact of the university to the school district. Johnny French 4417 Carlton St., spoke regarding the South Guth site, alternative sites, and the cost of closing Nile street, Mr. French proposed that the City purchase alterative land to lease to the university at the current annual tax rate plus revenue. James Murray, 6709 Pharaoh Drive and President of the Pharaoh Valley Neighborhood Association* spoke regarding the neighborhood park, the verbal assurances from the university and the city, and the neighborhood's concerns, Minutes — Regular Council Meeting September 25, 2007 — Page 4 Terry Puckett, 7206 Pharaoh Drive, expressed his concerns regarding student housing and related support facilities on the proposed site. Marsha Grace, 7206 Sandpiper Circle, spoke in opposition to the use of South Guth Park. Margaret Thorton, 6717 Pharaoh Drive, said she would like the university to expand, but not at the expense of Pharaoh Valley residents. Ms. Thorton expressed her concerns regarding site use and restrictions; traffic; the children's park replacement and requiring the TAMU System to share in the costs for the replacement of fields. Sharon Yawn, 4600 Ocean Drive, provided her personal experiences as a university student and expressed her support of the expansion. Terry Carter, President Corpus Christi Chamber of Commerce, spoke in favor of the university expansion and the impact to the City. Sean Murphy, 7722 Cedar Creek Circle, spoke in support of the expansion, the opportunities for students; and the economic impact. Bob Batterson, 7114 Pharaoh Drive, spoke regarding the lack of a feasibility study and suggested wording for the resolution to include homeowner participation. Ruben Bonilla, Port of Corpus Christi Authority, spoke in supported of the expansion. Carolyn Moon, 4902 Calvin, spoke regarding student enrollment caps and suggested that the university provide reduced fees and tuition for students that graduate from Corpus Christi high schools. Abel Alonzo, 1701 Thames, spoke in support of the university and the expansion concept. Council members asked questions regarding the involvement of the Parks and Wildlife Department; requirements for the public hearing; the penalties for not following statutory procedures; the findings identified in the resolution; review of the determination that there is no feasible or prudent alternative; the classification of a satellite campus; the distance of the alternate ballpark from the current site; the amount of lard and cost for the alternate ballpark; the planning that has occurred to minimize harm to South Guth Park; relocation site for the neighborhood park; whether the university is subject to noise pollution; and the controls the City has over development once the property is gifted. A brief discussion ensued regarding reasonable site standards and the university's ability t operate as a single campus unit. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly. Mr. Chapa polled the Council for their votes as follows: 8.b. RESOLUTION NO. _027432 Resolution determining that there is no feasible and prudent alternative to the using of South Guth Park by the Texas A M University System for the expansion of Texas A M University - Corpus Christi campus and further determining that all reasonable planning has occurred to minimize harm to South Guth Park resulting from such use or taking. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting `Aye ". * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 13 regarding the implementation of dues check -off capabilities for non- public safety city employees. City Manager Noe announced that Item 13 was placed on the agenda by the direction of five council members and said the motion would allow the City Manager to implement a policy to enable dues check-off f r non - public safety city employees. City Manager Noe added that the draft policies HR 35.0 Labor Organization Activities and HR 36.0 Payroll Deduction of Bona Fide Employees' Association Dues were provided in the City Manager's report. Minutes — Regular Council Meeting September 25, 2007 — Page 5 Council members asked questions regarding the options to determine the amount for payroll deduction; discontinuation of payroll deduction; if policies were in compliance with federal regulations; and whether employees can strike. Jesse Noyola, 4421 Bluefield, said there were changes in the draft that the association did not agree upon regarding the dollar amount to be paid by City employees and the discontinuation of payroll deduction. Mayor Garrett asked City Manager Noe to meet with Mr. Noyola to discuss the differences with the policy. Mayor Garrett called for a brief recess to read proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Maureen C. Brooks, 1421 N. Alameda Street, spoke regarding the growth and development of residential areas. Gloria McChester, 1222 Van Loan, spoke regarding noise in the Hillcrest community. Tammy Castillo, 5841 Sky Lark, spoke regarding the safety of the water and the noise from cars and refineries. Bob Allegro thanked the Council for their time and spoke regarding a proposal for a memorial project at Whitecap Beach. * **t ** * * * * * * Mayor Garrett returned to Item 13 regarding the implementation of dues check -off capabilities for non-public safety city employees. City Manager Noe said that he met with Mr. Noyola both parties were in agreement with the compliance of policies and changing HR 36.0, Section V., 2.(f), by deleting the term dollar. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2007-251 Motion directing the City Manager to implement dues check -off capabilities for non - public safety city employees. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, Marez, and {Martinez, voting "Aye "; Hummell and McCutchon voting No". Mayor Garrett opened discussion on Item 12 regarding the noise ordinance. City Manager Noe said staff has provided a substitute ordinance for consideration. Police Chief Bryan Smith provided a brief overview of the noise ordinance including the creation of an entertainment district; allowable ranges for noise measured in decibels generated and received during certain time periods; and exceptions to the ordinance. Council members asked questions regarding whether Cole Park was included in the entertainment district; enforcement for unacceptable use of vulgar language; noise from vehicles; decibel levels in Austin; provisions for repeat offenders; if other cities have noise issues; whether the ordinance is accepted by the music venues; the exceptions of musical instruments for school bands; mitigation of sound; monitoring of enforcement standards; how to determine decibel levels and where someone can purchase a monitoring device; notification for individuals moving into the entertainment district; whether Concrete Street has experimented with reducing sound levels; and the frequency of concerts at Concrete street. Mayor Garrett called for comments from the audience. Carolyn Moon, 4902 Calvin, said the noise ordinance is a good idea and proposed the idea of planting cedar trees between Concrete Street and the neighborhood. Bill Stalter, 3445 Floyd, expressed concerns for existing facilities and Minutes — Regular Council Meeting September 25, 2007 — Page measurement limits. Joan Veith, 5701 Cain Drive, thanked Chief Smith and staff for working on the noise problem and spoke regarding the sound from boom boxes in vehicles. Henry Williams, 2422 Summer Street, expressed concern for residents in the northside area and spoke regarding the problems with vulgarity and noise. He encouraged the Council to seek to protect the people and look out for the best interest for those in the community. Randy Newman, 1001 Blucher Street, spoke regarding the decibel levels in the entertainment district. Maureen Brooks, N. Alameda, expressed concern for the children near Concrete Street because of foul language and loss of hearing due to noise exposure. Sid Gardner, 1634 Boisdarc Place, thanked representatives for working to find a reasonable solution to the noise. Errol Summerlin, Texas Rio Grande Legal Aid and representative for the Hillcrest Residents Association, said that Concrete Street moved into the neighborhood and did not make the people aware of their plans. Mr. Summerlin also spoke regarding the entertainment district and enforcement. Bill Durrill, 210 Del Mar, spoke regarding the decibel limitations for Concrete Street; the proposed entertainment district; and noise mitigation efforts to redirect sound from the Hillcrest neighborhood. Mr. Durrill said Concrete Street would look closer at the types of acts that are booked to prevent the use of foul language and will provide internal warning. In response to Council Member McCutchon, Henry Williams said the neighborhood could compromise where sound is concerned but not regarding vulgar or obscene Language. Daniel Pena, 2813 Holgreen, spoke regarding the decibel volume at Concrete Street and enforcement. Tracey Smith, 211 N. Chorizo, spoke regarding the compromise for the noise ordinance but stated she was not aware of the 85 decibel level extended to the entertainment zone. Mark Schaper, Director of Concrete Street, spoke regarding the designation of the entertainment district, the qualities and economic impact of Concrete Street, guidelines for enforcement; the base line noise levels in different areas in the city; and their review of standard needs and how it affects the neighborhood and business. .Joel Mumphord, 6212 Hidden Cove, spoke regarding a time limit for decibel readings in the entertainment district and the layout of Concrete Street. Mr. Mumphord said he does not support a compromise. Tommy Douglas asked for a clarification of the decibel levels in residential areas and thanked the council and staff for striving to bring peace and joy back to the Hillcrest neighborhood. James Daitay, 1 Dailay, 1519 Peabody Street, said he was concerned for the elderly people in the community and the use of vulgar language. Abel Alonzo, 1701 Thames, thanked council members for their support of the northside area and said the noise ordinance will be a work in progress. Tim Browley, 374 Meldo Park, spoke in support of the noise ordinance and asked staff to consider one- time special permit fees for outside venues. John Kelly, 413 Waco, asked the Council to consider the children in the neighbor and said the compromise on the noise ordinance is unenforceable. Mr. Kelly made a motion to substitute the ordinance, seconded by Mr. Marez and passed. City Secretary Chapa polled the Council for their votes as follows: 12. FIRST READING ORDINANCE Amending the Code of Ordinances Chapter 31 Noise, by repealing the existing chapter and adopting a new Chapter 31 Noise; providing for publication; and providing for penalties. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Minutes — Regular Council Meeting September 25, 2007 - Page * * * * * * * * * * * * * City Manager Noe announced that Item 10 would be rescheduled and Item 11 will be provided in a written report. Mayor Garrett referred to Item 9 regarding the Broadway Wastewater Treatment Plant Diversion Status. Director of Engineering Angel Escobar introduced the presentation team: Assistant City Manager Ikon Massey; Director of Wastewater Foster Crowell; and consultants Govind Nadkarni, Dan Leyendecker and Mark Maroney. Mr. Escobar referred to a powerpoint presentation on the history of Council Directives from March 18, 1 997 to August 21, 2007 including the 1 997 Oso-Greenwood Implementation Plan, amending the 1997 plan to consider construction of a new plant at the Broadway Site or in the Industrial Area along the Ship Channel; a schematic of Broadway to Greenwood Transfer; a diversion comparison; sites selected for the new plant in the Industrial Area; recommendations from the Hillcrest Area Residents; the evaluation of new potential plant sites; overall site location map; sites eliminated after preliminary screening from detail evaluation; resultant evaluation site location maps for Sites 2A, 3, 4, 5, 6, 7, 8, and 12; a chart of construction for sites; directive to proceed with preliminary negotiations with Flint Hills and Citgo; a list of scheduled meetings; Citgo /Flint Hills cost evaluation and site matrix; directive to purchase Flint Hills Tank Farm Site; recent activity; and council's request to review and compare costs of constructing Citgo Site (site 3), Flint Hills Site (site 4); existing Broadway Site (Site 12); and diversion to Greenwood (site 13). Council members asked questions regarding the plant that handles waste north of the Ship Channel; if flow can be reversed if plant is built north of the Ship Channel; the number of acres needed for the plant; the depth of the 16 inch pipes under the Port; the location of the lines on the Ship Channel; the possibility of borrowing land for rebuilding Broadway Plant; the easement needed and cost to make the buffer at Broadway Plant; estimated life of the current system; the reasons for the higher costs to build the Greenwood plant; elevation costs for the Greenwood property; the odor impact at Greenwood; whether Sites 3, 4 or 12 would increase effluent into the Ship Channel; the odor impact of Sites 3, 4 or 12 compared to existing plant; health issues for northside residents; discharge from treatment plants; the twin force main cost comparison; the original cost for diversion; the construction costs for Sites 12 and 13; staffs recommendation; communication with Flint Hills; the northside residents' response to Flint Hills site; the problems with creating a new facility on existing site; consideration of increased costs for maintenance and repairs at Broadway; use of existing equipment at Broadway; reasons for running two twin force mains; the residential areas in proximity to the Citgo site; and the consideration of biological treatment. Council Member Martinez asked staff to provide the rating scores for the site selection matrix for the existing expansion of the Broadway plant and the Greenwood site. Council Member Marez asked staff to consider providing the matrix at an even based scale, Council Member Hummell asked staff to provide an analysis to determine the number of families occupying homes and their proximity to the Citgo site versus the current Broadway site. Council Member McCutchon asked staff to provide information for the potential of constructing an environmentally friendly treatment plant. Henry Williams, 2422 Summer, stated that the Hillcrest residents feel that the Citgo site is too close to the residential area In response to Council Member Hummell, Mr. Williams said the residents do not have a problem with the Broadway plant because it has existed for years in that location. Errol Summerlin, representative for the Hillcrest area, said the Hillcrest Neighborhood Association's position is to protect the neighborhoods bounded by lueces Bay Boulevard and the Harbor Bridge. * * * * * * * * * * * * * Minutes - Regular Council Meeting September 25, 2007 - Page 8 Mayor Garrett called for the City Tanager's report. City Manager Noe announced the Capital Improvement Program workshop is scheduled for October 16th at 8 :00 am. Mayor Garrett called for Council concerns and reports. Council Member Cooper asked for an update on the implementation of the WiFi project. Ms. Cooper announced the next town hall meeting is scheduled for October 15th at Montclair Elementary School at 6 :00 p.m. Council Member Leal asked for an update on the status of the O.T. Stevens Water Treatment Plant Chlorine Evaporator Replacement Project. Ms. Leal thanked Roland Garza for his working to provide dues check -off for city employees and thanked the Council for giving city employees the choice for representation. Ms. Leal also thanked staff for fixing the potholes at the T- Heads and all city employees for their work. Council Member l--Rummell said there is a church interested in acquiring a cul-de-sac on Crane Street at G llihar and Carroll Lane. He asked staff to determine if the city has any use for that area. Mr. Hummell asked questions regarding alternate options for pursuing the project at London Club Estates. Council l ember M C t hon asked staff if the developer for the London Club Estates project has considered placing a loop in the system. Deputy Director of Development Services Johnny Perales said they have not discussed this option with the developer. Council Member Martinez requested a history of disbursements for the trust funds. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4 :50 p.m. on September 25, 2007. 2 a. ARTS AND CULTURAL COMMISSION - Four vacancies \with terms to 9 -01 -10 representing the following categories: 1 — Visual Art, 1 — Dance, 1— Education Youth, and 1 — Civic Leader. (Appointed by the Mayor subject to confirmation by Council). DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A &M University, Del Mar College, Civic Leader, and a Busi Let: *Seeking reappointment **Not seeking reappointment ***Resigned ****Exceeded number of absences allowed by ordinance *****Has met six-year service limitation (Note: The Arts and Cultural Commission is recommending the new appointment of Christopher Aeby or Kimberly Harris (Civic Leader). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MT GS. NAME THIS TERM Molly Merkle (Visual Art) 11 Gloria T. Bilaye-Benibo (Dance) 11 Judith Prewitt, Ph.D. EdulYuth 11 N. PRESENT S 7 10 % OF ATTENDANCE LAST TERM YEAR 73% 64% 91% OTHER INDIVIDUALS EXPRESSING INTEREST Christopher Aeby Owner, Restaurant Lavender. Attended the California Culinary Academy. (Civic Leader) (10-03-07) Grace a,rraa-Vega David Berlaga Linda Eshom Art Teacher, Gregory Portland Independent School District. Received B.A. with teacher certification. Activities include: Member of the National Association of Latino Arts and Cultural, and is a artist in paint and photography. (Visual Arts) (1-25-06) Clinical Record Administrator, MHMR of Nueces County. Registered Health Information Technician. Activities include: Coastal Bend Health information Management Association, Former President of the South Texas Amigos de Mexico, President of Fuerza Comunitaria, and Advisory Board Member to the Institute of Mexicans Abroad I E . Received the Hispanic Women's Network Las Estrellas Award. (Civic Leader) (9-18-07 Fine Arts Consultant. Received Master of Art and Master of Science in Education. Activities include: Art Musem and Art Center. Received Distinguished Fellow-Texas Art Education Association. (Education Youth) (4-12-07 Kimberly Harris Dora Hidalgo Jennifer L. McClaren Executive Director, Innovative Futures dba Purple Elephant Consignment. Received Education in Hospitality Management and Culinary Arts from Del Mar College. Activiti Dr. Lari Dianne Young Director, Performing Arts Center, Texas A &M University- Corpus Christi. Received Bachelor of Music, Percussion Performance, Bachelor of Music Education, All Level, Master of Music History and Literature, and Ph.D. in Interdisciplinary Fine Arts from Texas Tech University, Lubbock, Texas. Activities include: Graduate of Leadership Corpus Christi Class XXXII, Board member of Southside Rotary club of Corpus Christi, Cocker Spaniel Rescue; and Southwest Performing Arts Presenters. (Civic Leader or Education/Youth) ( 3 Requested Council Action: 10/9/07 Alternate Date: 10/16/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a health benefits consultant agreement with the Hay Group, Dallas, Texas, in BI-0224-07 accordance with Request for Proposal No. BI- 0224 - in the amount of $52,000. Funding is available in the Employee Benefits Health Fund for FYO7-08. **************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Request for Proposals Issued Request for Proposals Received Award Basis: Funding: The consultant will assist the City in developing the requirements of request for proposal package for health insurance benefits for City employees and retirees, assist in answering questions raised by potential respondents during the solicitation process, assist i CITY OF CORPUS PUS CHRISTI PURCHASING DIVISION BUYER - Michael Barrera Request for Proposal I o.:BI- 0224 -07 Health Benefits Consultant Maximum Hay Group Evaluation Criteria Score Dallas, TX Cost 20 20 Experience of Firm 30 30 Experience of staff 30 27 Responsiveness ess to RFP 20 19 Total Score by Group 100 96 Total Award Amount $52,Q00 4 Requested Council Date: 10/09/07 Alternate Date: 10/16/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 816,000 gallons of ferrous sulfate in accordance with Bid Invitation No. BI-0006-08 based on only bid for an estimated annual expenditure of $339,740 of which $283,117 i LiJ ;r; W LL 03 13. co a. ti ■ t q 0 0 0 NI- 0 0 0 01 01 L11. q CO co co c 0) N LL L.L. ui — c 0 it 2, ,.. a) co 0 c � • , 8 E 8 cA . o a — - i E co 4) c -1, co 4_, 'X F 0 1 2 z, t e co = , c .._ 0 - co • EEC 2 = Mi c -`= `c ' : c 8 0 = E 5)) 0 j3 +.0 8 co 8 0 -33/4'.. E .c ci) -8 Inv 2 .c: -o #31', -c 0 u) (a -c i us.. tow _c T2 a) 8 0 .� z.., .� ' - 5 i - 2s 4 •0 ,0 • Z 1= 0 •X sp = •c 2 Z c c I -0 co Ld ' u_ 2 c Cew ° c2 s5 Z 1 g Tu Ts' D Ci C 0 ci. EE r-- co _ a) Ce c 0 c 8 c . O z < cr) m z c_ P c0 a - c 100 .F =5 o 0 ri 5 CD C. 2 ° E 0 'F +c ......„ ca �F � i ■ 0 Uj ai LL • -6 -0- - D D < 2 � - '- cJ c O Q 0 0 C) 0 0 0 00 O 0 0 0 0 0 in Lo. CO co c0 N 1 0 Unloading Delays a 5 Requested Council Date: 10/09/07 Alternate Date: 10!16/07 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Calabrian Corporation, Lisle, Illinois, for approximately 865,000 pounds of Sodium Bisulfite Solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI-0225-07 based on low bid for an estimated annual expenditure of $162,620.00 of which $135,517 is required in FY 07-08. The term of the supply agreement will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 07 -08. BACKGROUND: Purpose: This chemical will be used for dechlorination at the Wastewaster Treatment Plants. The dechlorination is required by the Wastewater Discharges Permits. Previous Contract: The option to extend the previous contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid invitations Issued: 'Twenty -Three Bids Received: Four Price Analysis: Pricing has remained stable since the last contract of August 2004. Award Basis: Low Bid Funding: Wastewater D - • artment Y -07/08 520010 -4200 -33100 $28,200.00 520010- 4200 -33110 74,41 7.00 520010-4200-33130 19, 5 8 3.00 520010 -4200 -33140 3,31 1.00 Total $135,517.00 Michael Ban-era, Assistant Director of Financial Services ..s 0 Oi 1 i -0 0 -1 -1 0 0 co g -1 i -1 0 g � g a m ' --I E _IT 8 A 8 co V F • CO c cry i � s N � y o aD CO 4. 0#i 1 8 o fli 13 s Pt 8 • r 0 0 LA, 0 0 O 8 P =1 m LA LA CO W n PI f �1 V, 0 0 0 0 o c co c 2 Cn to CD EU z.. IF!Ig 6 AGENDA MEMORANDUM M DATE: October 9, 2007 SUBJECT: ACCEPTING AND APPROPRIATING A GRANT Ilsi THE AMOUNT OF $30,580.00 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION AGENDA ITEMS: a) Resolution authorizing the City Manager or his designee to accept a grant in the amount of $30,580.00 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $25,580.00 for books for the new southside library; $3,000.00 for a part -time archivist for the Central Library; and $2,000 for archival supplies for the Central Library. b) appropriating a grant of $30,580.00 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows: $25,580.00 for books for the new southside library; $3,000.00 for a part - time archivist for the Central Library; and $2,000 for archival supplies for the Central Library; and declaring an emergency. ISSUE: The state has made available $30,580.00 to the library as part of its Loan Star Libraries Grant program. The library will use these funds as follows: $25,580.00 for books for the new southside library; $3,000.00 for a part -time archivist for the Central Library; $2,000 for archival supplies for the Central Library. REQUIRED COUNCIL ACTION: Appropriation of funds require City Council approval. RECOMMENDATION: Staff recommends aeceptanc of grant and appropriation of funds. ix ...iii-1--- (,,i2p, cl------ - Herb Canal es Director of Libraries TEXAS STATE LIBRARY & ARCHIVES COMMISSION LOAN STAR LIBRARIES GRANT Grant Type B - $20,000 - $50,000 Grant Number: 442-08111 I. CONTRACTING PARTIES Grantor: Texas State Library and Archives Commission (TSLAC) Grantee: City of Corpus Christi, Corpus Christi Public Libraries 805 Comanche St Corpus Christi, Texas 78401 II. TERM OF GRANT September 1, 2007 to August 31, 2008 (SFY 2008) III. STATEMENT OF SERVICES TO PERFORMED The Grantee acknowledges that the intent of the grant is to provide funds to maintain, improve, and enhance local library services, and to provide Texans who are not residents of a particular community access to and services from the many participating public libraries in Texas. Grant funds must be used to meet TSLAC goals. The Grantee must report information relating to best practices and performance outcomes. The Grantee will comply during the period of this contract and provide services as outlined within the Plan of Action submitted by the Grantee (Loan Star Libraries Grant for State FY08 ) as approved by the Grantor. The approved Plan of Action becomes part of this contract by this reference. IV. GRANT AMOUNTS AND DISBURSEMENT REQUIREMENTS A. The total amount of the grant shall not exceed: $30,580.00 B. Source of funds: General Revenue, State Fiscal Year 2008 C. Payment for this grant will be funded in full upon delivery to Grantor a legally executed contract. Grantee should receive payment within 20 working days after the Grantor has received a fully executed contract and Grantee has fulfilled all requirements for preceding contracts. D. The Grantee may no r t obligate or mcumber grant funds after August 31, 2008. All obligations and encumbrances must be buidatecl or paid no later than October 15, 2008. F. All unexpended funds in excess of $25.00 must be returned to Grantor with the Final Financial Status Report (FSR). See Section VII. B. of this contract for FSR due dates. F. Interest earned in excess of $100 must be returned to Grantor, per requirements in the State of Texas Uniform Grant Management Standards (UGMS). G. The Grantee will add any program income to the funds committed to the grant, using such program income for the purposes and under the conditions of the grant. The source and amount of the program income must be explained in Section 9 of the TSLAC FR. I1. Per the approved grant application, funds are authorized according to the following budget: Personnel Frin e Benefits Travel Equipment/Property Contractual Other $3,000.00 Total Indirect Costs Total 27 580.00 $30,580.00 $30,580.00 V. WRITTEN REQUEST FOR FISCAL AND PROGRAMMATIC CHANGES The Grantee must request written prior approval for fiscal and/or programmatic changes as outlined in this Section. Grantee must submit request for program and/or fiscal changes on the Loan Star Libraries Grant Program Revision Form. Under no condition may a Grantee request to exceed the total grant amount. Grantor must receive all change requests no later than .duly 31, 2008. Requests received after this date will be considered on a case -by --case basis. Grantee must receive written approval from Grantor before obligating or expending grant funds under any of the following conditions. A. Fiscal changes must have an approved Budget Revision under any of the following conditions: 1. Making cumulative transfers among budget cost categories or projects which are expected to exceed ten (10) percent of the total grant; and/or, FY08 City of Corpus Christi - Loan Star Libraries Grant—Contract B $20,000450,000 1 of 2. Transferring erring am funds into a budget cost category that currently equals zero ; and/or, 3. Changing the items listed in the approved budget categories if an item's cost or features are substantially different from what the approved grant application specifies, es, or from a previously approved fiscal or program revision. B. Programmatic changes to the approved application (Loan Star Plan of Action) must have an approved Program Revision under the following conditions: 1. Obtaining the services of a third party to perform activities that are central to the purposes of the grant; and/or, 2. Changing the scope or objectives of the approved program, regardless of whether there is an associated Budget Revision. A change in scope is a substantive difference in the approach or method used to reach program objectives. VI. EQUIPMENT AND PROPERTY REQUIREMENTS A. Fiscal changes to items listed in the Equipment/Property category specified in Section W. H of this contract require written prior approval. This is defined as the cost of the equipment and/or property, including any cost necessary to put the item into service, such as the cost of any modifications, attachments, accessories, or auxiliary apparatus necessary to make the item usable for the purpose for which it is acquired. Ancillary charges, such as taxes, duty, protective in- transit insurance, freight, and installation may be included in, or excluded from the expenditure cost in accordance with the Grantee's regular accounting practices and Generally Accepted Accounting Practices (GAAP). B. The Grantee will comply with UGMS Part Ill, Subpart C, Sec. 32 d3 requiring certain items of equipment to be maintained on inventory if the item's cost is between $500 and $1000. C. The Grantee agrees to submit the most current TSLAC Equipment/Property Acquired Form with the Final FSR, but no later than October 31, 2008, for all equipment/property purchased with grant funds during the F 08 grant year. This list must balance with the equipment/property purchased under the approved grant application and all subsequently approved Budget and/or Program Revisions. D. Grantee must furnish a statement to Grantor certifying the governing entity's capitalization level with the approved grant application. Grantee agrees to maintain records on all equipment/property with an acquisition cost above governing entity's capitalization level. F. Subject to the obligations and conditions set forth in the UGMS Part III, Subpart C, Sec. 32, title to equipment acquired under a grant will vest in the Grantee upon acquisition. Grantee must include any equipment/property acquired with grant funds in the required bi- annual property inventory, and follow the UGMS Part III, Subpart C, Sec. 32 (d) that requires the Grantee to reconcile the equipment/property records with a physical inventory of the equipment/property every two years. This bi- annual inventory does not need to be submitted to Grantor, but must be maintained by the Grantee and will be subject to review by Grantor. When property is vested in the Grantee, Grantee will dispose of equipment/property in accordance with the UGMS Part Iii, Subpart C, Sec. 32 e. When the Grantee has been given federally- or state-owned equipment/property, Grantee will follow the UGMS Part III, Subpart C, Sec. 32 . VII. REPORTING REQUIREMENTS The State Legislature has charged Grantor with submitting performance measurement reports that specify the level of services provided by its ro ams and services. In accepting the grant funds, the Grantee acknowledges responsibility for performing certain services on behalf p l of Grantor, as outlined in the approved Plan of action. Therefore, the Grantee is responsible for submitting periodic reports that reflect the Grantee's level of performance on these services to Grantor. To comply with these requirements, the Grantee agrees to submit reports that are timely, accurate, auditable, and consistent with definitions. A. The Grantee agrees to submit the Loan Star Libraries Performance Report to Grantor no later than the due dates listed in the following schedule. If library materials ordered with grant funds are received by Grantee after the end of the grant year, a revised final Loan Star Libraries Performance Report may be required covering receipt of those materials. This revised final performance report will be due no later than November 15, 2008. Reporting Period Due Date September 1, 2007 - November 30, 2007 December 7, 2007 December 1, 2007 - February 28, 2008 March 7, 2008 March 1, 2008 - May 31, 2008 June 7, 2008 June 1, 2008 - August 31, 2008 September 7, 2008 B. The Grantee agrees to submit the TSLAC Financial Status Report form for the grant funded under this contract no later than the due dates listed in the following schedule. Grantee should submit a Final FSR once all grant funds have been expended and all program requirements are accomplished. Grantee should mark the last required FSR as `Final" and not submit any subsequent FSR forms. Reportiri Period Due Date September 1, 2007 - November 30, 2007 December 30, 2007 December 1, 2007 - February 28, 2008 March 30, 2008 March 1, 2008 - May 31, 2008 June 30, 2008 June 1, 2008 - August 31, 2008 September 30, 2008 If necessary, a revised Final FSR must be submitted no later than October 31, 2008. C. The Grantee will send the Grantor a copy of all management letters issued by an auditor with the reporting package. As specified in UGMS Part IV, Subpart B, Sec. 235(c), the audit shall be completed and submitted within the earlier of 30 days after receipt of the auditor's report(s), or nine months after the end of the audit period, unless a longer period is agreed to in advance by the state agency FY08 City of Corpus Christi - Loan Star Libraries Grant ---- Contract B $20,000- $50.000 2 of that provided the funding or a different period is specified in a program- specific audit guide. The audit's Schedule of Expenditures of Federal and State Awards must list the amount of TSLAC awards expended for each award year separately. VIII. GENERAL TERMS AND CONDITIONS A. The Grantee will comply with the Loan Star Library Grant Program Guidelines for SFY 2008. B. The Grantee will comply with the Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2.810 — 2.815 regarding the Loan Star Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.110 — 2.119 regarding General Grant Guidelines. Loan Star Libraries Administrative Rule 2,815 (c) states, "If a library has certified that it provides service to non - residents without charge or it has elected to participate in the TexShare card program, the library must maintain these services for the duration of the contract that it received." This means the library shall provide the same library services and may impose the same restrictions on non - resident customers as it does for those customers who live locally. Texas Government Code, Section 1.138c, states, `State aid to a free tax - supported public library is a supplement to and not a replacement of local support." C. The Grantee will comply with the following parts of the Governor's Office of Budget and Planning, UGMS revised June 2004, located at: htt ://wow . # overnorstateitmusidivisionsistate ± ants/ idelines/ Iles U GMS0 2 . do . Part 1. Cost Principles for State and Local Governments and Other Affected Entities (Adapted from OMB Circular A-87). Part II. State Uniform Administrative Requirements for Grants and Cooperative Agreements (Adapted from OMB Circulars A-102 and A -122). Part 111. State of Texas Single Audit Circular (Adapted from OMB Circular A433). D. All publicity relating to the grant award must include acknowledgement of the Texas State Library and Archives Commission whenever possible and practical. Publicity includes, but is not limited to press releases, media events, public events, displays in the benefiting library, announcements on the Grantee's website, and materials distributed through the grant project. The Grantee will provide Grantor with one set of all public relations materials produced under this grant with the Final FSR. B. Grantee understands that acceptance of funds under this contract acts as acceptance of the authority of the State Auditors Office, or any successor agency, to conduct an audit or investigation in connection with those funds. Grantee further agrees to cooperate fully with the State Auditor's Office or its successor in the conduct of the audit or investigation, including providing access to any information the state auditor considers relevant to the investigation or audit. Grantee will ensure that this clause concerning the authority to audit funds received indirectly by Sub - grantees through Grantee, and the requirement to cooperate, is included in any sub - grant awarded. F. The Grantee agrees to maintain all financial and progranimatic records, supporting documents, statistical records, and other records relating to this grant award for a minimum of three years after Close of Grant. Close of Grant is defined for this grant as the date Grantee submits to Grantor the Final FSR for the contract grant period. Ix. ENFORCEMENT A. Remedies for nonqmplians.L If a Grantee or Sub - grantee materially fails to comply with any term of an award, whether stated in a state statute or regulation, an assurance, in a state plan or application, a notice of award, or elsewhere, Grantor may take one or more of the following actions, or impose other sanctions, as appropriate in the circumstances: 1. Temporarily withhold cash payments pending correction of the deficiency by the Grantee or Sub- grantee, or more severe enforcement action by Grantor; 2. Disallow (that is, deny both use of funds and matching credit for) all or part of the cost of the activity or action not in compliance; 3. wholly or partly suspend or terminate the current award for the Grantee's or Sub - grantee's program; 4. Withhold further awards for the program; or 5. Take other remedies that may be legally available. B. Hearings, appeals. In taking an enforcement action, Grantor will provide the Grantee or Sub - grantee an opportunity for such hearing, appeal, or other administrative proceeding to which the Grantee or Sub - grantee is entitled under any statute or regulation applicable to the action involved. C. Effects of suspension and termination. Costs of Grantee or Sub - grantee resulting from obligations incurred b y the Grantee or Sub - grantee during a suspension or after termination of an award are not allowable unless Grantor expressly authorizes therm in the notice of suspension or termination, or subsequently. Other Grantee or Sub - grantee costs during suspension or after termination which are necessary, and not reasonably avoidable, are allowable if: 1. The costs resulting from obligations which were properly incurred by the Grantee or Sub - grantee before the effective date of suspension or termination are not in anticipation of it and, in the case of a termination, are non- cancelable; and, 2. The costs would be allowable if the award were not suspended, or expired normally at the end of the funding period in which the termination takes effect. D. Relationship to Debarment and Suspension. The enforcement remedies identified in this section, including suspension and termination, do not preclude Grantee or Sub- grantee from being subject to "Debarment and Suspension" under Executive Order 12549 (see UGMS Part 1II, Subpart C, Sec. 35) and state law. FY08 City of Corpus Christi - Loan Star Libraries Grant— Contract B $20,000-$50,000 3 of X. CONTACTS AT TSLAC Questions or concerns about programmatic issues, budget and or pro. am revisions and • erforaance reports should be directed to this grant's Program Manager: ager Loan Star Libraries Grant Coordinator Phone: 512463-5475 Fax: 512-463-8800 E -mail: wclark@tsksiate.tx.us Questions or concerns about regulatory or financial issues should be directed to: Manager, Accounting and Grants Department Phone: 512463-6626 Fax: 512-475-0185 E-mail: mmartin @ sl.state.tx.us Questions or documentation relating to required Res uests for Funds Financial Status Re • orts, and uipment/Pr pert ca uir d Report should be directed to: Grants Accountant Phone: 512- 463 -5472 Fax: 512-475-0185 E -mail: prants.accounting@tsl.state.tx.us Payments from Grantee to Grantor, such as those for excess advanced funds or for interest earned on advanced funds, should be mailed with a revised FSR, an explanation of the purpose of the payment, and the grant number. This information shall be directed to: Grants Accountant Accounting and Grants Department Texas State Library and Archives Commission PG Box 12516 Austin, TX 78711-2516 XL APPLICABLE AND GOVERNING LAW A. The laws of the State of Teas shall govern this grant. All duties of either party shall be legally performable in Texas. The applicable law for any legal disputes arising out of this contract shall be the law of (and all actions hereunder shall be brought in) the State of Texas, and the forum and venue for such disputes shall be Travis County, District Court. B. This grant is subject to availability of funds. III. GRANT CERTIFICATIONS A. Grantor certifies that: (1) The services specified in the approved grant application and this contract are necessary and essential for activities that are properly within the statutory functions and programs of the affected organizations; The services, supplies or materials contracted for are not required by Section 21 of Article 16 of the Constitution of Texas to be supplied under contract given to the lowest bidder; and, (3) The grant complies with Texas Government Code § 441.006, Title 13, Part 1, Chapter 2, Subchapter C, Division 8, Rules 2,810 — 2.815 regarding the Loan Star Grant Program and Title 13, Part 1, Chapter 2, Subchapter C, Division 1, Rules 2.11 — 2.119 regarding General Grant Guidelines, Texas Government Code § 441.135 Grants (Systems Act), P.L. 104-208, the Library Services and Technology Act L TA , the State Plan for the LTA in Texas and UGMS. B. The Grantee affirms that it has not given, offered to give, nor intends to give at any time hereafter, any economic opportunity, future employment, gift, loan, gratuity, special discount, trip, favor or service to a public servant in connection with this contract. The Grantee further affirms that its employees or agents shall neither solicit nor accept gratuities, favors or anything of monetary value from contractors, potential contractors, or parties to any sub - agreements. C. The Grantee certifies all applicable activities related to this grant will comply with the Copyright Law of the United States (Title 17, U.S. Code). D. State law requires a number of assurances from applicants for federal pass - through or other state - appropriated funds. (UGMS Part 111, Subpart B, Sec. 14 — State Assurances) 1. A sub - grantee must comply with Texas Government Code, Chapter 573, Vernon's 1994, by ensuring that no officer, employee, or member of the applicant's governing body or of the applicant's contractor shall vote or confirm the employment of any person related within the second degree of affinity or the third degree of consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person who shall have been continuously employed for a period of two years, or such other period stipulated by local law, prior to the election or appointment of the officer, employee, or governing body member related to such person in the prohibited degree. (2.) A sub - grantee must insure that all information collected, assembled or maintained by the applicant relative to a project will be available to the public during normal business hours in compliance with Texas Government Code, Chapter 552, Vernon's 1994, unless otherwise expressly prohibited by law. FY08 City of Corpus Christi - Loan Star Libraries Grant—Contract I? $20,000450,000 4 of A sub - grantee must comply with Texas Government Code, Chapter 551, Vernon's 1994, which requires all regular, special or called meeting of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution, A sub - grantee must comply with the Texas Family Code, Section 261.101 that requires reporting of all suspected cases of child abuse to local law enforcement authorities and to the Texas Department of Child Protective and Regulatory Services. Sub- grantees shall also ensure that all program personnel are properly trained and aware of this requirement. Sub- grantees will comply with all federal statutes relating to nondiscrimination. These include but are not limited to: (a) Title VI of the Civil Rights Act of 1964 P.L. 88-352) which prohibits discrimination on the basis of race, color or national origin; (b) Title IX of the Education Amendments of 1972, as amended (20 J, .C, §§ 16814683, and 1685- 1686), which prohibits discrimination on the basis of sex; (c) Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 794), which prohibits discrimination on the basis of handicaps and the Americans With Disabilities Act of 1990; (d) the Age Discrimination Act of 1974, as amended (42 l<.].S.C. §§ 6101-6107), which prohibits discrimination on the basis of age; (e) the Drug Abuse Office and Treatment Act of 1972 Pl. 92-255), as amended, relating to nondiscrimination on the basis of drug abuse; (f) the Comprehensive Alcohol Abuse and Alcoholism Prevention, Treatment and Rehabilitation Act of 1970 P.L. 91 -616), as amended, relating to the nondiscrimination on the basis of alcohol abuse or alcoholism; (g) §§ 523 and 527 of the Public Health Service Act of 1912 (42 U.S.C. 290 dd-3 and 290 ee- , as amended, relating to confidentiality of alcohol and drug abuse patient records; (h) Title VIII of the Civil Rights Act of 1968 (42 U.S.C. § 3601 et seq.), as amended, relating to nondiscrimination in the sale, rental or financing of housing; (i) any other nondiscrimination provisions in the specific statute(s) under which application for Federal assistance is being made; and the requirements of any other nondiscrimination statute(s) which may apply to the application. (6.) Sub-grantees will comply, as applicable, with the provisions of the Davis -Bacon Act (40 § § 276a to 276a-7), the Copeland Act (40 U.S.C. § § 276c and 18 U.S.C. § 874), and the Contract Work Hours and Safety Standards Act (40 U.S.C. § § 327-333), regarding labor standards for federally assisted construction sub-agreements. 7. Sub- grantees will comply with the minimum wage and maximum hours provisions of the Federal Fair Labor Standards Act and the Intergovernmental Personnel Act of 1970, as applicable. (8.) Sub- grantees will assist the awarding agency in assuring compliance with Section 106 of the National Historic Preservation Act of 1966, as amended (16 U.S.C. 470), EO 11593 (identification and protection of historic properties), and the Archaeological and Historic Preservation Act of 1974 (16 U.S.C. 469a-1 et seq.). (9.) Sub-grantees will comply with Public Law 103 -277, also known as the Pro - Children Act of 1994 (Act), which prohibits smoking within any portion of any indoor facility used for the provision of services for children as defined by the Act. (10.) Sub- grantees will comply with all federal tax laws and are solely responsible for filing all required state and federal tax forms. 11. Sub-grantees will comply with all applicable requirements of all other federal and state laws, executive orders, regulations and policies governing this program.' (12.) Sub- grantees must adopt and implement applicable provisions of the model HIV /AIDS work place guidelines of the Texas Department of Health as required by the Texas Health and Safety Code, Ann., Sec. 85.001, et seq. FY08 City of 'orpus Christi - Loan Star Libraries Grant— Contract fi $20,000-$50,000 5 of SIGNATURES GRANTOR Texas State Library and Archives Commission Edward Seidenberg, Assistant State Librarian Date Karen rabek, Chief Fiscal Officer Date Ne&e-ei Deborah Littrell, Library Development Director 71 Date LI tell aa Wendy Clark, Program Manager Date GRANTEE City of Corpus Christi, Corpus Christi Public Libraries Signature (must be an official empowered to enter into contracts) Typewritten or Printed Name Title Date FY08 City of Corpus Christi - Loan Star Libraries Grant—Contract B $20,000450,000 6 of - • • • : • wit `• M" A.i " r City Amy qta5/07 ;ve�k tjuII a2. A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A GRANT IN THE AMOUNT OF $30,580.00 AND TO EXECUTE A CONTRACT AND ALL RELATED DOCUMENTS WITH THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION FOR THE LOAN STAR LIBRARIES GRANT TO BE USED AS FOLLOWS: X25,580.00 FOR BOOKS FOR THE NEW SOUTHSIDE LIBRARY; $3,000.00 FOR A PART -TIME ARCHIVIST FOR THE CENTRAL LIBRARY; AND X2,000.00 FOR ARCHIVAL SUPPLIES FOR THE CENTRAL LIBRARY. BE IT RE§OLVED BY THE CITY COUNCIL of THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to accept a grant in the amount of $30,580.00 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries grant to be used as follows: $25,580.00 for books for the new southside library; $3,000OO for a part - time archivist for the Central Library; and $2,000.00 for archival supplies for the Central Library. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Assistant Secretary Henry Garrett Mayor, City of Corpus Christi APPROVED AS TO FORM: September 27, 2007 Yve Agu !ar Assistant CI Att, ney For City Attorney Corpus Christi, Texas of , 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael M Cut on AN ORDINANCE APPROPRIATING A GRANT IN THE AMOUNT OF X30,580.00 FROM THE TEXAS STATE LIBRARY AND ARCHIVES COMMISSION INTO THE LIBRARY GRANTS FUND NO. 1068 T4 BE USED AS FOLLOWS: $25,580.00 FOR BOOKS FOR THE NEW SOUTHSIDE LIBRARY; $3,000.00 FOR A PART TIME ARCHIVIST FOR THE CENTRAL LIBRARY; AND $2,000.00 FOR ARCHIVAL SUPPLIES FOR THE CENTRAL LIBRARY; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a grant in the amount of $30,58000 from the Texas state Library and Archives Commission i 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 ordinances at two regular meetings: 1 we, therefore, request that you voting upon .. introduced, rule and pass this ordinance finally n the date it is introduced, or suspend said Charter p 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 Marez Nelda Martinez Michael McCutchon 7 AGENDA MEMO UM Date: October 9, 2007 SUBJECT: Appropriation of funds for Parkdale Branch Library AGENDA ITEMS: a. Resolution authorizing the City Manager or designee to execute a Gift Agreement wi Page Two Library Resolution No. 026941 (August 29, 2006) authorizing the City Manager or his desi Page Three Library RECOMMENDATION: Staff recommends approval. Herb Canales Director of Libraries GIFT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE CORPUS CHRISTI PUBLIC LIBRARY FOUNDATION, INC. PARKDALE BRANCH LIBRARY This agreement ("Agreement") is made by and between the City of Corpus Christi ("City"), a home—rule municipal corporation organi Executed in duplicate, each of which shall be considered an original, on this the - -- day of - , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Cha a George K. Noe City Secretary City Manager Approved as to form: s-_, 2007. YtteAg Assistant City Attorney for the City Attorney FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES By: Kenneth L. Kellar, President Michael A. Howell, Treasurer A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A GIFT AGREEMENT WITH THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES IN THE AMOUNT OF 325,000.00 FOR IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY. 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 execute a Gift Agreement with the Friends of Corpus Christi Public Libraries in the amount of $25,000.00 for improvements to the Parkdale d le Branch Library. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Assistant Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: September 27 , 2007. v ; e Ag Assistant ity Attorney For City Attorney Corpus Christi, Texas of 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly -- . Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING $29,'138.88 INTO THE LIBRARY CIP FUND NO. 3210, PROJECT NO. 120095, FOR IMPROVEMENTS TO THE PARKDALE BRANCH LIBRARY FROM THE FOLLOWING SOURCES: $25,000,00 FROM THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES; AND $4,738.86 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 X29,138.86; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $29,1 38.86 is appropriated into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Park dale Branch Library from the following sources: $25,090.00 from the Friends of Corpus Christi Public Libraries; and $4,138.86 from unappropriated interest earnings from the Library CIP Fund No. 3210. SECTION 2. That the FY 2096 -2097 Capital Budget adopted by Ordinance No. 026997 is changed to increase appropriations by $29,1 38.86. 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 9th day of October, 2007. ATTEST: Armando Chapa City Secretary APPROVE[ THE CITY OF CORPUS CHRISTI Henry Garrett Mayor 110 FORM: October 1, 2007 4A(( ti Yv a Ag u i l - • As ' sta nt City Attorney For City Attorney Corpus Christi, Texas day of 7 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 requiring re uirin suspension of the charter rule as to consideration and voting in upon ordinances at two regular meetings: Ire, therefore, request that you Charter rule and pass this ordinance finally on the date it is introduced, or suspend said p 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 Eli ondo, Sr. - _ MikeHunimel Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 8 CITYCOUNCIL AGENDA MEMORANDUM City Council Action Date: October9OOZ AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a contract with Ricardo Ruiz (Artist) for the design, production, installation, and purchase of a 6'h 12'w mural, in the amount of $855O.00 as part of the Percent for Art Program associated with the Parkdale Branch Library renovation project. ISSUE: The Arts and Cultural Commission has made a recommendation to the City Council to enter into a contract with Ricardo Ruiz (Artist) for the purpose of designing and executing a mural for the Parkdale Branch Library renovation project. REQUIRED COUNCIL ACTION: A motion authorizing the City Manager or his designee to execute a contract with Ricardo Ruiz (Artist) is required. PREVIOUS COUNCIL ACTION: none. BOARD/COMMISSION ACTION: The Arts and Cultural Commission approved their recommendation at their August 3, 2007, meeting. FUNDING: G: The project is funded. CONCLUSION AND RECOMMENDATION: The Arts and Cultural Commission and the Visual Arts Committee have reviewed the recommendation of the Parkdale Branch Library renovation art selection panel and approve this project. Sally Gavlik Parks and Attachments: Background Information [rector creation Department BACKGROUND INFORMATION, A Request for Proposals FP was distributed to artists residing in South Texas and the surrounding areas for the execution of a work of art to be located inside or outside the Parkdale Branch Library. Four local artists each submitted a proposal. The Parkdale Branch Library Peer Panel reviewed the four entries and chose one artist to return to the next meeting to present an initial design and to discuss questions that the selection panel had regarding the design. At the July 31, 2007 Peer Panel meeting the artist, Ricardo Ruiz, was introduced. The Peer Panel approved his design of a 6 ft. (h) 12 ft. (w) mural to be located inside the Parkdale Branch Library. The Arts and Cultural Commission's Visual Arts Committee approved the recommendation of the Peer Panel at their August 3, 2007 meeting after which the Arts and cultural Commission voted to recommend the Ricardo Ruiz mural to city Council on that same date. This project is being funded by donations to the Library Department but adheres to the Public Art Policies and Guidelines. The policies were passed by the City council on March 10, 1 987. Under Section 2-109 c , Municipal public art program, all allocations for funds for city construction projects shall include an amount equal to one and one-quarter (1 1 per cent of the construction cost, to be used for the selection, acquisition, commissioning, and display of works of art and any other associated costs such as professional fees, community education, insurance, curatorial services, identification, documentation and publicity. If the source of funding, applicable law governing any particular project, or the 9 yp � expenditure of such funds precludes art as permissible expenditure, the amount of funds so restricted shall be excluded from the construction cost, as defined herein, in determining the amount to be allocated as provided herein. City construction projects with a construction cost of less than fifty thousand dollars ($50,000.00) shall be excepted, and no allocation shall be made on such projects. 9 CITY COUNT AGENDA MEMORANDUM City Council Action Date: oo AGENDA ITEM: TO APPROPRIATE 520,000 FROM THE UNRESERVED FUND BALANCE IN THE MAINTENANCE SERVICES FUND 5110 FOR ROOF REPAIRS AT THE ASIAN CULTURES MUSEUM; CHANGING ORDINANCE NO. 0273b2 WHICH ADOPTED THE FY 2007-08 OPERATING BUDGET TO INCREASE APPROPRIATIONS BY $20,000; AND DECLARING AN EMERGENCY. ISSUE: The Asian Cultures Museum roof is in need of repairs. REQUIRED COUNCIL ACTION: Approval of ordinance is required. FUNDING: Maintenance Services Fund CONCLUSION AND RECOMMENDATION: City Staff recommends approval of the Ordinance. Eddie Houlihan Assistant Budget Director Attachments: BACKGROUND INFORMATION The FY 2007-08 Adopted Budget included an additional $1 5,000 in funding for the Asian Cultures Museum. An additional request was made by the Museum to fund roof repairs. City Staff identified funding for the repairs in the Fund Balance of the Maintenance Services Fund. This ordinance appropriates funding so funds can be transferred to the Museum and repairs can be completed. ORDINANCE TO APPROPRIATE $2Q,000 FROM THE UNRESERVED FUND BALANCE IN THE MAINTENANCE SERVICES FUND 5110 FOR ROOF REPAIRS AT THE ASIAN CULTURES MUSEUM; CHANGING ORDINANCE NO. 027352 WHICH ADOPTED THE FY 2007 -08 OPERATING BUDGET TO INCREASE 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 Unreserved Fund Balance in the Maintenance Services Fund 5110 is appropriated for roof repairs at the Asian Cultures Museum. SECTION 2. That Ordinance No. 027352 which adopted the FY 2007-08 operating budget is changed to increase appropriations by $20000. SECTION upon 3. That on written request of the Mayor or five Council members, copy attached, City Council (1) finds and declares an emergency due to the the � immediate action necess for the efficient and effective administration need for necessary of City affairs and suspends the charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is a passed and takes effect upon first reading as an emergency measure this the day of = , 2007. ATTEST: Armando Chaps City Secretary APPROVED: October 3, 2007 At LiA-U, Lisa Aguilar ij Assistant city Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor H: L G- I \Lisa rd of 2 \Bud et roof repairs.DOC Corpus Christi, Texas Day of } 2007 TO THE MEMBERS F THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Uwe, therefore, request that you suspend said Charter- rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Eli cndo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal - - John E. Mare - -- Nelda Martinez Michael M C t hon 10 C1TV COUNCIL AGENDA MEMORANDUM City Council Action Date: , 10/09/07 AGENDA ITEM: Ordinance appropriating $124,644 from the unreserved fund balance in No. 9010 Crime Control District Fund for the hiring of two civilian positions, equipment, and supplies in the FY 2007-2008 operating budget, and amending the FY 2007-2008 operating budget adopted by ordinance 027352 by increasing appropriations by $124,644 and declaring an emergency. ISSUE: The Crime Control and Prevention District Board of Directors approved one- time expenditures using the surplus fund balance from FY 0607. BACKGROUND INFORMATION: On September 19, the Crime. Control Board approved the following modifications to the FY 0708 budget: 1. Hire one Graffiti Coordinator 2. Hire one Senior Staff Assistant 3. Supplies 4. Equipment The positions will serve to enhance the current graffiti eradication program with the position coordinating work for the graftiti truck, following up on work orders, and conducting a public information and education program. The Senior Staff Assistant will conduct data entry of the work orders received by the City. REQUIRED COUNCIL ACTION: Appropriation of funds. CONCLUSION AND RECOMMENDATION: Staff recommends appropriation of funds. B. P. Smith Chief of Police ORDINANCE APPROPRIATING ;124,644 FROM THE UNRESERVED FUND BALANCE IN NO. 9010 CRIME CONTROL DISTRICT FUND FOR THE HIRING OF TWO CIVILIAN POSITIONS, EQUIPMENT AND SUPPLIES IN THE FY 2007 -2008 OPERATING BUDGET, AND AMENDING THE FY 2007 -2008 OPERATING BUDGET ADOPTED BY ORDINANCE 027352 BY INCREASING APPROPRIATIONS BY E724,644; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $124,644 is appropriated from the unreserved fund balance in the No. 9010 Crime Control District Fund for the hiring of two civilian positions, equipment and supplies in the FY 2006-2007 operating budget. SECION 2. That the FY 2007 -2008 Operating Budget, adopted by Ordinance No. 027352, is amended by increasing appropriations by $124,644. 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, this, the 9"' day of October, 2007. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form Qc 4r3, 2007 Joseph 4Iamey 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, !Ave 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, Council Members Henry Garrett Mayor, City of Corpus Christi 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 11 CITY COUNCIL AGENDA MEMORANDUM COUNCIL ACTION DATE: October 9, 2007 AGENDA ITEM: Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, knowri as the Master Channel 27 Drainage Project, on a tract of land known as Parcel 16; and for a related Inundation and Drainage Easement known as Par ell OA; both out of Lot 21, Section 26, Flour Bluff Encinal Farm & Garden Tracts; from the owners, William C. Oliver, Virginia Oliver Bettiga, Patricia L. Oliver Delong, and Bessie J. Oliver, Individually and as Community survivor for the Estate of Charles D. Oliver, Jr., 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 2.0 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 Gayo Del Oso as shown on the Exhibit B route map. City staff has negotiated and acquired 20 of the 30 parcels of drainage right-of-way needed for this project. Negotiations have reached an impasse for Parcels 16 and 16A, which are owned by William C. Oliver, Virginia Oliver Bettiga, Patricia L. Oliver Delong, and Bessie J. Oliver, individually and as Community Survivor for the Estate of Charles D. Oliver, Jr. 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. Escobar, P. E. Director of Engineering Services Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Background Information Master Channel 27 Route map Parcel Map Resolution H:IH MESUSEBI I \Agenda IternsWaster Channel 27.0liver, Peso. to ondemn'A ends Merrrorandurn.do BACKGROUND INFORMATION SUBJECT: Master Channel 27 Drainage Improvements (#2263) Resolution for condemnation (Parcelsl 6, 16A) PROJECT BACKGROUND: The Master channel 27 Drainage Improvements Project is proposed to alleviate the Mary Carroll channel and Master channel 31 drainage systems and is designed to reduce flooding in its surrounding areas. This project will 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 for this project as shown on the attached Exhibit B route map. City staff is currently in negotiations for all the needed parcels and have acquired 20 parcels to date. Negotiations for Parcels 16 and 16A are at an impasse and have terminated due to the vast difference between the city's and the landowner's land value. A City Council resolution is required in order to permit use of eminent domain proceedings to acquire the to necessary parcels of land. The excavation of the open channel and installation of the required underground concrete boxes are currently in progress. The entire project is approximately 25% complete. The drainage channel excavation began on Parcel 13A from County Road 7B to Rodd Field Road and has been completed. Work is now progressing on its low flow concrete channel which is installed down the center of the excavation. Partial grading of the soil has also been done in this area. The concrete drainage boxes have been installed on Parcel 4 and are currently being installed on Parcel 2. The installation of these boxes has also been completed across County Road 7B and are currently being installed across Airline Road at Brooke Road. PARCEL DESCRIPTION: There are two parcels that are needed from the landowner's .213 acres for the drainage project. Both parcels are located east of the intersection of Brooke Road and County Road 7B as shown on the attached Exhibit C. This area is comprised of wetland/lowlands and is shown on the Wetland Inventory Maps of the Texas Parks and Wildlife Wetland Database, Parcel 16 contains 1.695 acres and will be needed for the construction of the main drainage channel. The proposed channel on this property will be 115 foot wide and located along the northern boundary of the landowner's tract. Fee simple property rights i i are needed for this parcel to be consistent with the other acquisitions. Parcel 16A, contains 2.395 acres and will be acquired as an Inundation and Drainage Easement. This parcel is located south of and adjacent to Parcel 16 as shown on Exhibit B. The subject property is currently unplatted and zoned FR or Farm Rural. There is a residence on the property located well above the wetland area adjacent to a private road at the southern boundary of their tract. PARCEL NEGOTIATIONS: 1T!QNS: The city initially proceeded to acquire the parcel as a 4.09 acre fee simple acquisition. American Appraisers, Inc., an independent appraisal firm, was EXHIBIT A 1 of3 contracted to prepare an appraisal of its value. An appraisal report was received in the total amount of $11 ,250 or $2,750 per acre for the 4.09 acres based on the lowland /wetland value. The City presented an offer to the landowners based on the appraisal amount. The landowners rej closing costs, and $23,718 for a 4.77 acre temporary construction easement and related fencVng; all out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on Cimarron Boulevard midway between Saratoga and Yorktown Boulevard; necessary for the Master channel 27 Drainage Improvement Project (##2263) and for other municipal purposes. (Motion No. M2007-023) 3 arch 27, 2007 - Motion waiving an irregularity and authorizing the City Manager or his designee to execute a Construction Contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of $1O,356,062.70 for the Master Channel 27 Improvement projects for the Base Bid and Additive Alternates No. 1, 3, and 4. (Motion No. 200 7- 087) 4. a 21:p7 - 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. May 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 $1 99,350.00 for the Master Channel 27 Drainage Project. (Motion No. M2007-142) 6. ejaternber 18, 2007 - Motion authorizing the City Manager er or his designee to execute a Real Estate Sales Contract, Drainage & Utility Easement, and Temporary Construction Easement with Diaz Capital Partnership Ltd. and Nabil Emi lady, Trustee in the amount of $175,000 plus $2,500 in closing costs for Parcels 5A, 5B, 5C, 6A, 6B, and 6C, all out of Lots 22, 23, and 24, Section 20, Flour Bluff & Encinal Farm & Garden Tracts located on Brooke Road between Airline Road and Rodd Field Road, necessary for the Master channel 27 Drainage Improvement Project (#2263). (Motion No. M2007- 246 PRIOR ADMINISTRATIVE ACTION: None FIJTURE COUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $50,000 and, 2. Authorize the payment of any Special Commissioners Award for the condemnation of any parcels whose cost is in excess of $50,000. HAHOMBEUSEBIOG\GEN1Agenda ItemslMaster Channel 27. livers Reso. to condernnlBackgr und.doc EXHIBIT A 3 of 3 File : \Mprouncilexhibits exh2263ccr.dwt r ii;`.. /-..,1 8 } L i 0 Q 0 49,ip (,) LOCATION OF PARCELS .ot 4)/ it/ LOCATION MAP NOT TO scree cf) PARCEL 16a (Inundation amt,) L CI"'PRECTNO. 2263 VICINITY MAP —Not TO SCALE MASTER CHANNEL 27 DRAINAGE /MP. (PARCELS 16 818a) ESTATE OF JERRIE H. OLIVER CITY COUNCIL EXHIBIT CITE' OF CORPUS CHRISTI, TE4S DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of DATE. 10-03-2007 ralsoftalsolow RESOLUTION DETERMINING A PUBLIC NECESSITY TO ACQUIRE E FEE SIMPLE TITLE TO THE SURFACE ESTATE ONLY FOR A STORM WATER DRAINAGE PROJECT, KNOWN AS THE MASTER CHANNEL 27 DRAINAGE PROJECT, ON A TRACT OF LAND KNOWN AS PARCEL 16; AND FOR A RELATED INUNDATION AND DRAINAGE EASEMENT KNOWN AS PARDEL1 A; BOTH 21, OUT OF LOT 21 SECTION 26, FLOUR BLUFF & ENCINAL FARM GARDEN TRACTS; FROM THE OWNERS, WILLIAM C. VIRGINIA OLIVER BETTIGA, PATRICIA L. OLIVER DELONG, AND BESSIE J. OLIVER, INDIVIDUALLY AND AS COMMUNITY SURVIVOR FOR THE ESTATE OF CHARLES D. OLIVER, . , JR., FOR THE PUBLIC PURPOSE AND USE AS A STORM 1VI 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 Ci ty Corpus Cor us Christi has implemented a storm water improvement project, I nor n as the Master Channel 27 Drainage Project, to ' � . storm water drainage channel and a related underground drainage build new � and utility facility "storm referred to collectively as the storm water t improvement project" to serve the City; and p WHEREAS, the storm water improvement t project has entered into the acquisition phase; and W City of Corpus Christi has determined that there is a public WHEREAS, the � t rp necessity for the rm storm water improvement project and has determined that public necessity for the acquisition of certain property rights, there is a dub t consisting of fee simple le 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 hts b means of negotiations and through eminent domain; therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: EXHIBIT D 1 of 3 SECTION 1. That the City Council of the City of Corpus Christi hereby determines that there is a public necessity for storm water drainage improvements ents known as the Master Channel 27 Drainage Project, as recited above, 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 certain 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 . 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: Armando Chapa City Secretary Approved a to form: 3 -Oct 7 \it By: Veronica ocanas Assistant City Attorne for City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor EXHIBIT D 2 of 3 day of 1 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hrmell - -- - �- Bill Kelly Priscilla G. Leal John E. Marez - - Nelda Martinez Michael McCutchon EXHIBIT D 3 of 3 L & L Family Partnership, Ltd. 55.955 Acres out of Lots 6A & 7A and all of Lots 9-11, Sec. 26 & E.F. t. . Doc/ 1998053979, O.P.R.N. C. T. 1 5 f 5/8" Iron Rod Found H► ,/Cop Stamped 'Urban Eng. T" O Lot 10 (Record - S 51'00100' s 6120'15 - 4.34.24' Lot 9 1111.1.... '.11.P.T err..► --L N '5'08 170.00' 5/8 Iron Rod Found Lot 20 (Record se 5' 29'00100" ITV) 2r4,3',30° W- .00' N r' 'i.5 . W-434.32' ' Lot 21 Remainder of 10.713 Acres out of - Lot 21, Sec. 26 F.B. E.`. & G.T. The Estate of Jerrie Haynes Oliver Doc/ 305529 NOTES: 1. Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced to the rrronumented west right of way line of County Rood 78. 2. Area = 1.695 acres (73,827 S.F. ). 5/8 inch iron rod set with a plastic cap stamped 'MAVERICK E N 'R. VICTORIA, TX, BOUNDARY MARKER', K( , at oil Property comers, unless otherwise noted. 4. All references to record data (Record = * ** indicate information as cited In Document No. 985383, 0.P.R.N.C.T. 5. This tract is subject to a blanket Electrical Easement as recorded in Volume 1 538, Fage 697, . N. C. T. Total Tract Acquired Remainder 1, Gory Don Rayner, hereby certify that the foregoing crap was prepared from a survey, made on the ground, under my direction and that it is_ :true and correct. • Maverick Engineering, G • , Ra n • R.P.L.. •-584.7••. -- - . - .. Revised February 20, 2007 1- Revis d BoUrioci Revised March 2 2007 ' , Re�r�er � hr. Revised June 18, 2007: Revi eda= boundary 100 0 'GO 200 Lot 22 Oak Properties 78.093 Acres out 01' Lots 22-25, Sec. 2 . . �.�F . . &/ G.T. Doc/ 2005027968, 0.P.R N.C.T 7.213 314,198 1.695 73,827 5.518 - - - 2,0, 371 Parcel 16 MAP TO ACCOMPANY METES & BOUNDS DESCRIPTION. Being a 1.695 acre (73,827 SF) tract of land out of the remainder of that certain 10.773 acre tract of land described in Document No. 305529, Official Records of Nueces County Texas, said 10.713 acre tract being a portion of Lot 21, Section 26 of the Flour Bluff and Encino! Farm and Carden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas. Project/ 0527 -510 Date: June 18, 2007 MAVERICK TEL: 361 289 1 385 FAX. 381 289 0712 P.0. BOX 9094 CORPUS CHRISTI, TEXAS 78469 ATTACHMENT "A" 1 OF 2 Lot 1 1 cs County Roar[ } L do L Family Partnership, Ltd 55.955 Acres out of Lots 6A & 7A and oil of Lots 9-11, Sec. 26 y r & E . Doc", 1995053979, D.P.R.N.C.T. a cE Lot 20 1 ): rk; % I :1A;1%. 1 rill 1 Lot 10 40' Roadway Easement Val. A, Pgs. 41--3, (Unimproved Roadway) 6120'15" E- 434.52' .9 A Linder of ,� 10.713 Acres out of Lot 21, Sec. 26 F.B. E.F. The Estate of Jerrie Haynes Oliver Doc/ 305529 O.R.N.. T. NOTES: 1. Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced to the r onur'nented west right of way line of County Road 711 2. Area = 2.395 acres (104,332 SF.). 3. 5/8 inch iron rod set with a plastic cap stamped *MAVERICK ENGR. VICTORIA 7X, BOUNDARY MAR1 ER , . at all property corners, unless otherwise noted. 4. All references to record data (Record = * ** ) indicate information as cited in Document No 985383, 0.P.R.N.C. 5. This tract is subject to a blanket £Iectrtcal Easement as recorded in Volume 1538, Rage 697, .R.N. C, T. Lot 9 -L (Record = 29120100'. W 2843'30' W-170.00' F.O.B. (Record - 5 29'00'00- W) s 28'43'30" W-77.90' Lot 22 Oak Properties 76.093 Acres out of Lots 22-25, Sec. 26 F.B. & . ■ &. G. T. Ducar 2005027965, 0.P,R,N.C. T Total Tract 7.213 314,198 Acquired - .395 _104,332 Remainder-- -4.818 ,1163- I, Gary Don Rayner, hereby Geri , -- ha y, the foregoing rnap was prepared from a 4uryoy,:::rnede:00 the ground, under my direction and th f it ..1 s.' :tr e t d' ' correct. 100 0 SCALE 11200. 200 Parcel 16 Inundation Drainage Easement MAP TO ACCOMPANY METES & BOUNDS DESCRIPTION: Being a 2.395 acre (104,332 .F. ) tract of lord out of the remainder of that certain 10.713 acre tract of fond described in Document No. 305529, Official Records of Nueces County Texas, said 10.713 acre tract being a portion of Lot 21, Section 26 of the Flour Bluff and Encino! Farm and Carden. Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas. P r o j e c t i 0527-510 Dote: June 1 , 2007 MAVERICK IIiOQlmIWO. INC. TEL: 361 289 1385 FAX: 361 289 0712 �P.0. BOX 9094 �+ CORPUS CHRISTI. TEXAS 78469 ATTACHMENT "A" v.) v 12 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Report by Chiang, Patel & Yerby (CP &Y), Inc. related to the Recent Public Water Quality Issues STAFF PRESENTER(S): Name Title /Position Department 1. None 2. 3. OUTSIDE PRESENTER(S): Name 1. Edward M. Motley 2. 3. TitlelPosition Organization Senior Vice President CP &Y, Inc. REQUIRED COUNCIL ACTION: None. 13 CITYCOUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation by the Human Relations Department on the City's ADA Title 11 Transition Plan and the City's Non-Discrimination Ordinance. STAFF PRESENTER(S); Name Title/Position _ Department '!.Leon Bazar Director Human Relations ISSUE: The City Council is to receive updates regarding the efforts made under the City's ADA Title 11 Transition Plan and the City's Non-Discrimination Ordinance. BACKGROUND: Please see attached REQUIRED COUNCIL ACTION: None at this time. Additional Background XX Exhibits O Leon Bazar Director of Human Relations BACKGROUND INFORMATION This overview presentation will provide Council with update information reflecting the last 12 months of activity regarding the Human Relations Department's key r initiatives and responsibilities in ADA and Non- Discrimination and will include: • Human Relations Department Overview • ADA Update • Committee For Persons With Disabilities • EEDFEA Employment Discrimination • HUD/FHAP Fair Housing Discrimination Human Relations Overview The major responsibility of the Human Relations Department is to conduct and enforce a positive program of Non-Discrimination in Employment, Fair Housing, and ADA Accessibility and Public Accommodation. The enforcement authority of this Ion- Discrimination responsibility is defined under the City of Corpus Christi Non-Discrimination Ordinance, title VII of the civil Rights Act, HUD Fair Housing Act, and the Americans With Disabilities Act (ADA). The department is accountable to the City of Corpus Christi as well as to the Equal Employment Opportunity Commission under a FEPA (Fair Employment practices Agency) contract, and to HUD under a FHAP (Fair Housing Administration Program) contract. ADA Update: "Trash Pick -Up" One of the most visible and utilized programs under the City's ADA initiatives is the Trash Pick-Up service. Through this program, "back door" assistance is provided upon request, at no charge, to citizens with a disability. Documentation must be provided that the citizen is not physically capable of placing their trash at curbside and that they have no other support to be able to do this. A total of 260 citizens are currently receiving this service and 17 new requests were processed during this reporting period. This program is a coordinated effort of the Human Relations Department and Solid Waste Services. ADA Update: Accessibility Grievances/Public AccommodationslTechnical Assistance A. Accessibility Grievances are those concerns that may impact a path of travel for a person with a disability. The City ADA Coordination (Director of Human Relations) and department staff, (with the support of Engineering Services, Code Enforcement, Development Services, and Parks and Recreation) investigate, determine resolution and responsibility, and negotiate accessibility compliance. During the period of August 1, 2006 to August 31, 2007, thirty eight (38) accessibility grievances were received and included • Missing or broken sidewalks /curb ramps • sideway obstructions (low hanging branches, vehicles on sidewalks, etc.) • Curb ramp to street transition • Pedestrian signals (timing, non-working) • Non-compliant ADA parking B. Public Accommodation resolutions are intended to ensure that a person with a disability has equal access to services, programs, and activities. Reaching resolution requires staff site review, agreement, and timeline for resolution completion. All businesses or other entities involved have been very cooperative and willing to make accommodations as requested. During this reporting period, 25 Public Accommodation complaints were addressed and included: • Accessible restrooms, entrance doors, path of travel, and airport transportation with hotel • Restroom door and Council Chambers "well" accessibility at City Hall • Denial of entrance of person with disability at business • Ramps and ADA parking at shopping strip C. Technical Assistance reflects voluntary requests for technical information and site assistance on ADA restrooms, ramps, parking, etc. 17 voluntary requests were responded to during this reporting period and reflect a positive initiative from our business community and other entities. Examples of this requested Techni • Restaurant request for site review to identify ADA improvement opportunities D. Innovative and/or Proactive ADA Initiatives reflect the City's commitment to take proacti route needs • Represented by members on the UDC sub - committees • Assisting Parks & Recreations in reviews of programs and outreach (e.g., Latchkey, Program brochures, etc.) Future focus of the Committee For Persons With Disabilities will include: • Review and update of the City's ADA Transition Plan • Recommendations on accessible housing design • Continuance of Engineering project reviews • Coordinate education opportunities with other entities supporting persons with disabilities in our community unity • Review and recommend inclusion of persons with disabilities in City sponsored activities and programs EEOCI FEPA Employment Discrimination The Human Relations Department Compliance officers' investigative plan for EEOC employment discrimination charges (and HUD Fair Housing discrimination complaints) include request and review of related documents, witness interviews, on -site visits, issuance of determination, mediate, and negotiate settlements and if necessary, temporary restraining orders. During this EEOC contract year (Oct. 1 to Sept. 30) , we have completed 88 case closures and expect to achieve 96 by the end of the period. Our initial EEOC contract was for 87 case closures. Approximately 60% of charges allege Race discrimination and 25% allege discrimination based on Sex. Other basis include National Origin, Religion, and Retaliation discrimination. We anticipate to complete 250 EEOC discrimination Charge Intakes by September 30, 2007. In March 2007, we partnered with NAACP, LULAC, and American G.1. forum in presenting an Employments Rights Seminar that featured speakers from the EEOC, TWC (Texas Workforce Commission), and the DOJ (Department of Justice). Approximately 75 community leaders and citizens participated. We have } also provided 40+ training sessions within the City staff and community regarding non - discrimination in the workplace. In August, we were honored by the EEOC and presented a National Public Service Award for our case resolution work and community outreach. HUD 1 Fair Housing Discrimination As a HUD FHAP (Fair Housing Administration Program), we completed 32 Fair Housing discrimination case closures during the HUD contract year (July 1 to June 30). Approximately 60% of these charges allege Race discrimination and 25% allege discrimination based on disability. Other basis include National Origin, Age, and Familial Status. We currently have 29 Fair Housing cases under investigation. in the Spring, we partnered with the COG in presenting an annual Fair Housing Seminar. over 100 attendees representing housing providers, advocacy groups, financial institutions, and HUD representatives participated. Human Relations Department •ADA Compliance •Non - Discrimination Ordinance Annual Update October 9, 2007 Update Presentation Outline • Human Relations Department Overview • ADA Update • Committee For Persons With Disabilities • EEOC FE PA Employment Discrimination • HUD FHAP Fair Housing Discrimination City of Corpus Christi 2 1 Human Relations Department Overview • Conduct and enforce a positive program of Non- Discrimination in employment, fair housing, and ADA accessibility and public accommodation • Enforcement defined under City of Corpus Christi Non- Discrimination Ordinance, Title Ills of the Civil Rights Act, HUD Fair Housing Act, and Americans With Disabilities Act (ADA) • Accountable to City, to Equal Employment Opportunity Commission under FEPA (Fair Employ- ment Practices Agency) contract, and to HUD under FHAP (Fair Housing Administration Program) contract City of Corpus Christi ADA Update "Trash Pick -Up" • Provides "back door"assistance at no extra charge to citizens with disabilities upon request and provision of disability documentation. Coordinated effort of Human Relations and Solid Waste Departments. Total of 260 citizens receiving this service. 23 new requests were processed during this reporting period. City of Corpus Christi 4 2 ADA Update Accessibility Grievances/PubIic Accommoclations/Technical Assistance • Accessibilty Grievances - concerns that may impact a path of travel for a person with a disability. City ADA Coordinator and staff, (with support of Engineering Services, Code Enforcement, Development Services, and Parks & Recreation), investigate, determine resolution and responsibility, and negotiate accessibility compliance. City of Corpus Christi ADA Update Accessibility Grievances/PubIic Accommodations/Technical Assistance • 42 Accessibilty Grievances included: missing or broken sidewalks/curb ramps - sidewalk obstructions (low hanging branches, vehicles on sidewalks,etc.) curb ramp to street transition - pedestrian signals (timing, non - working) non compliant ADA parking City of Corpus Christi 6 3 ADA Update Accessibility Grievances/PubIic Accommodations /Technical Assistance • Public Accommodation - ensuring that a person with a disability has equal access to services, programs, and activities. Requires staff site review, agreement and timeline for resolution completion. 25 Public Accommodation complaints were addressed during this reporting period and included: L.__ City of Corpus Christi ADA Update Accessibility Grievances /Public Accommodations /Technical Assistance • Accessible restrooms, entrance doors, paths of travel, and airport transportation with hotel • Restroom door and Council "well" at City Hall • Disrespect towards disabled Spanish speaker on public transportation • Denial of entrance of persons with disability at business • Ramps and ADA parking at shopping strip City of Corpus Christi 8 ADA Update Accessibility Grievances/Public Accommodatiofls/TeChfliCal Assistance Technical Assistance - 17 voluntary requests for technical information for ADA restrooms, ramps, parking, etc. Reflects positive initiative from community. Included: • Citizen - sidewalk repair requirements • TV stations - ADA parking and entrances • Day Care - guidelines for ADA playground • Apartment Manager - ADA ramp guidelines • Restaurant - site review to identify ADA improvements City of Corpus Christi 9 ADA Update Innovative and/or Proactive ADA Initiatives • Engineering utilizing "foam lifting" process to Level some sidewalks {Waldron Rd. was first application) • Engineering utilizing thermoplastic curb ramp installation (versus pavers) • City pool wheelchair lifts installed • Wheelchair lifts ordered for Marina use by "Sail Away" program for persons with disabilities • Meriman -Boby House at Heritage Park accessibility enhancements completed • Diagonal curb ramps not permitted in City curb ramp projects City of Corpus Christi 10 ADA Update Committee For Persons With Disabilities Council appointed advisory committee. Key initiatives included: - Assisting in implementing and reviewing ADA Parking Volunteer Monitor program - Assisting Human Resources in Job Description development program - Assisting Engineering in project reviews e.g., Downtown, McGee Beach, Staples street, Weber, etc.) Hosted statewide Barbara Jordan Media Awards event with Governor's Committee Prepared 2008 Bond recommendations regarding ADA accessible route needs - Represented by members on UDC committees - Assisting Parks & Roc in reviews of programs and outreach e.g,, Latchkey, Brochures, etc.) City of Corpus Christi 11 ADA Update Committee For Persons With Disabilities Future Focus Area include: - Review and update of ADA Transition Plan - Recommendations on accessible housing design - Continuance of Engineering project reviews - Coordinate education opportunities with other entities supporting persons with disabilities in our community - Review and recommend inclusion of persons with disabilities in City sponsored activities and programs L_ City of Corpus Christi, 12 6 EEOC 1 FEPA Employment Discrimination .Compliance Officers' investigative plans for EEOC and HUD include request and review of related documents, witness interviews, on -site visits, issuance of determination, mediate, and negotiate settlements. Some cases may required issuance of subpoena and temporary restraining orders. 088 Case closures during EEOC contract year (Oct. 1 to Sept. 30). Expect to complete 96 case closures by Sept. 30, 2007 and will exceed EEOC contract of 87. City of Corpus Christi 13 EEOC ! FEPA Employment Discrimination • Approximately 60% of charges allege Race discrimination and 25% allege discrimination based on Sex. Other basis include National Origin, Religion, and Retaliation discrimination. • Anticipate to complete 250 EEOC discrimination Charge Intakes by September 30, 2007. • Partnered with NAACP, LILAC, and American 0.1. Forum in presenting Employment Rights Seminar featuring EEOC, TIWC, and DOJ representatives. Approximately 75 community leaders and citizens participated. • Provided 40+ training sessions within City and community regarding non - discrimination in the workplace. • Received National Public Sets a Award from EEOC for case resolution work and community outreach. of Co •us Chr'ist'i 14 7 HUD /FHAP Fair Housing Discrimination • Completed 32 Fair Housing discrimination case closures in HUD contract year ending June 30th. Approximately O of charges allege Race discrimination and 25% allege discrimination based on Disability. Other basis include National Origin, Age, and Familial Status. • Currently have 29 Fair Housing cases under investigation. • Partner with COG in presenting annual Fair Housing Seminar in Spring. Over 100 attendees representing housing providers, advocacy groups, financial institutions, and HUD representatives participate. City of Corpus Christi 15 For more information: City of Corpus Christi Human elati ns Department t www. to cas. m (361) 826-3190 `FCC (361) 844-1759 S 14 %10•41%.•dallb Iiii0•41%10.4%•• OF CORPUS cHRisn Presented by the Port of Corpus Christi Authority Update on the Tule Lake Lift Bridge Presentation to the City of Corpus Christi — City Council October 9, 2007 Lift Bridge Presentation • Background & recent events • Location of the Inner Harbor, refineries, railroads and highways. • Rail access to the Port. • Union Pacific • KCS • History of the Lift Bridge. • Condition of the Bridge. • Need to remove the Bridge. • Replacement rail access via the Fulton Corridor. • Plan for Removal. 2 Background & Events Tule Lake Lift Bridge • September 19, 2006 briefing to City Council Reported on the condition of the bridge Need for closing it to road traffic • Road traffic detour began on Sept. 29, 2006 • Industry rerouted their trucking operations • September 15, 2007 bridge rail traffic closed due to increased safety concerns Port of Corpus Christi Inner Harbor Tule Lake Lift Bridge Location 3 Port of Corpus Christi Inner Harbor Major Industry Location Port of Corpus Christi Inner Harbor Key Issues • All three refineries have interconnected operations on both sides of the Lift Bridge. • Refineries located "outside" the bridge depend on processes located "inside" the bridge. • Lift Bridge previously provided the only means of access to the north side of the channel for railroads. • Completion of Fulton Corridor provides a replacement means of access. 6 Port of Corpus Christi Inner Harbor Current Rail Access* * In accordance with 1929 ICC Order ali three railroads have equal access to north side of the Inner Harbor 7 Tule Lake Lift Bridge (Circa 1959) 8 Tule Lake Lift Bridge • Built in 1959 along with the Harbor Bridge at a cost of $6.5 million. • Purpose was to replace rail service provided by the old Bascule Bridge. • Tule Lake Lift Bridge provided the only rail access to the north side of the channel for all three railroads • Allowed the Port to continue growing. • Fulton Corridor provides a replacement route for rail traffic. 9 Tule Lake Lift Bridge • Under the Truman Hobbs Act, the Corps of Engineers determined (August 1953) that the Bascule Bridge was an "unreasonable obstruction to re navi ' aio" • Federal government contributed S4.1 million for the cost of a new rail bridge to be built at the same location. • Local governments paid $2.4 million to cover added cost of relocating the replacement bridge to the west. • Port of Corpus Chri Tule Lake Lift Bridge • Operation costs average $1.1 million per year. • Owned by the City. • County operated the bridge from 1959 - -1998. • Port has operated the bridge since 1998. • Cost - sharing has changed over the years. ➢ 1954 - 1984 33.3 %133.3% /33.3% (Port, City, County) ➢19$4 -1990 50%/25%/25% (Port, City, County) > 1990 -1998 70 % /15 % /15% (Port, City, County) 1998 - Present 100% (Part) 11 Tule Lake Lift Bridge • Lift Bridge was overhauled in early 1990s at a cost of $11.5 million. • Prior to Sept. 29, 2006, bridge went up and down 35 times a day X561 dynes in 2005). • In 2005, major structural cracking discovered in the lifting system (sheaves and shafts). • Concerned that bridge could fail and block channel for ships as well as rail and trucks. • Replacement parts were ordered for South Tower in November 2005. Parts have been ordered and received. • Cracking has been discovered in the North Tower sheave. Parts are not in stock. 12 Tule Lake Lift Bridge Sheave & Shaft Repairs (song Tower) 138' vertical Clearance QD Wide ba nne .- . ; . 3' Between Fenders : = 2 Vehicular Lanes 1 Railroad 'Track Tule Lake Lift Bridge 13 14 Inside a Sheave Growth in Sheave Crack Cracks in Sheave 17 18 Outside of Sheave 19 Southeast Outboard Sheave CrackLocation& Depth Length of Crack O.5" Depth of Crack 0.632" Notes from Conam losnectiou Five Cracks Around Shaft Depth Ranges from .5" to ,9" i Length Ranges from 8" to 20.5" 22 Cracks in Southeast Shaft Cracks in Southeast Shaft 23 • Cracks have nearly doubled in size since Sept. 2006. • Largest crack (depth) has grown from 0.465" to 0.867 ". • Combined lengths of cracks now cover 71 % of total shaft circumference (55.8" cracked versus 70.7" total). • Original 20" shaft has lost 17 % of cross sectional area and 23% of its strength (torsional). • When the cracks double in size a ' ain, the shaft will then have lost 44% of its strength (torsional). • Failure is certain to occur before then. 24 y i�: -. {.: _;�.:;wP:x:`• �!.'�': �>�i 'is.iti.:!:= ;"-:.-;$. 4'r_! :q,�'•.,�,,,z.^^: ; a r .,.. _ _ ;' }�. x i�{ -'K .; �� }4 �'° �,» -.`. t! ~r :?Si: '.�" {,.. : °rs'.'�rtia,' °yxi• =4. 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S=.:,#M7' r ' a _ ° x ry 1_ •. ktt�''�.,_ : °tAV 5 � t i Y •.: Y w {zf- '' # x4.:r' . : '`43� r :_°r�k� � y o- ';^e' : .x`.�yF 3; " °t . ° • ."f'tz'v." . , s°; : ee}: � { •.°'.' . .e E{. . y 4'ite;3ti :`" f. . �Y' '°' ` , � k o3:'o- ;*1 4?,.f¢ ' "T.:} : . `^ "`^•' ti V,. ., ap '+£ks:_G p} s��' -' ,£r-;: �c" .i-!',i, x':'K ; e : Tule Lake Lift Bridge • Examined all repair alternatives (up position, down position, remove & reinstall). Estimated time one week to ten days for each support tower. • Coordinated with industry, City, County and TxDOT. • Jjrepair options require length channel closures which would shut down local industry. • Decision was made to: • Discontinue road traffic; allow only rail (approx. 5/day). • Change went into effect on Sept. 29, 2006. • Expedite Fulton Corridor rail construction. • Monitor bridge condition. Tule Lake Lift Bridge (Since Sept. 2006) • Industry has adapted to removal of truck traffic. • Cracks in sheave and shafts (South Tower) have continued to brow. • Now cracking in North Tower (east sheave) is also a concern. • Do not have parts on hand for North Tower. • Fulton Corridor rail is now complete. 27 Tule Lake Lift Bridge • Bridge failure is certain — only a question of "when" not "if." • Worst case scenario is for bridge to fail and jam in the part -way up position. • Ship traffic will be blocked; rail traffic will be halted. • May take two or more months to remove the span if allowed to fail. • This is the Port's "Levee around New Orleans." 28 Tule Lake Lift Bridge • On June 12, 2007, Port staff briefed the Port Commission on the following: • The bridge has reached the end of its economic life. • Continued operation poses an unacceptable risk to the safe and efficient operation of the Port. • Removal al i now necessary for the continued growth oft the Port, • The Port Commission directed staff to: • Prepare plans for the removal of the bridge. • Proceed with removal as soon as all agreements are in place. • Plans for removal will be ready in November and bids should be available in December. • Renioval could begin in February or March. 29 Tule Lake Lift Bridge • A similar type lift bridge in LaSalle, Illinois, failed in July 1970. • Mode of failure was a break in the shaft. • This break occurred in the inboard side of the shaft. • Report stated that had the break occurred in the outboard side of the shaft, "a catastrophic failure could have occurred." • The cracking occurring in the Tule Lake Lift Bridge is on the outboard side of the shaft. • The Tule Lake Lift Bridge could experience a catastrophic failure that would close the Corpus Christi Ship Channel for a long period of time, perhaps months. 30 Impact on Local Industry & Nation • All three local refineries have production on both sides of the bridge. 1 Failure of the bridge in the part way up or down position would cripple all refineries. • Local refineries provide: ➢ 5% of nation's refinin � ca • aci ._ • Local refineries supply: ➢ 90% of jet fuel to Dallas- Fort Worth airport ➢100% of��soline to Austin ▪ Refinery closures would have a nationwide impact. 31 Tule Lake Lift Bridge Removal is Necessary Sheave & Shaft Repairs = (South Tower) 138' Vertical Ova 200' Wide Channel 300' Between Fenders 2 Vehicular Lanes 1 Railroad Track Large Tanker "Threading the Eye of the Needle" 32 Rail Access Issue • UP and BNSF have access to the north side of the channel. • The Tale Lake Lift Bridge has to be removed. • Fulton Corridor provides alternative to the Lift Bridge. • KCS needed "equal access (replacement access) to north side. • UP's rights to serve south side customers will not be diminished. • UP has recently agreed to give KCS access. * 1929 Interstate Commerce Commission Order Port of Corpus Christi Inner Harbor Replacement Rail Access 33 Tule Lake Lift Bridge • Port Industries of Corpus Christi (PICC) have been consulted with about closure • PIcc supports closure & removal of the bridge • Kansas City Southern (KCS) Railroad has commissioned their own inspection • ICCS's engineer has stated: "Cracking has reached critical status" "Bridge should be taken out of service" • On September 11, 2007, the Port Commission directed staff to close bridge. • Bridge operation ceased on September 15, 2007 September b, 2007 TO: All Port Comirisiioscrs Re: ciosore_tm Koval of ke Tsk LAL iNt 8ridi,e Dear Commissioner: 35 PORT INDUSTRIES ftsfilow OF CORPUS CHRISTI Member ampules of the port lsdastrks of Corps' Christi (MCC) ire blzkly depnd#nt os flee toner Harbor Alp damsel for tie operaiiias of heir plants i ■ tits nee. 1■ addiiios lo receipt of the vast majority of e red. ail sod oeber feedstocks, pea nets Man sfacirred by our members' facilities sub as gasoiloe. diesel, jet fuel, aspbstt, sulfur, peftelerm coke sod various pelro bemicals are skipped islet the Inner Harbor Ship Channel oil docks. PICC is aware of the serials strsetnrat and meeissicai problems frith tilt Tile Lskt Lift Bridge. We are very cotceried that the Tie Lake Lift Bridge could soddenly become speck is tit down ar part 'pray up position. S this happen it would seriously impact our ability to strip sad receive raw materials and product; by water. Such u occnrreocc would force air companies to carton operation sad suffer gut =monk damages. PICC reeomssasnds the Pert of Corps Christi Astboe#t7 disero biii. operation of the Tule Like Lift Bridge se soon ss the r i l l portion of the Folios Corridor i s complete. We in rtber rscommesd that the Pert r ere the Tstle bake Lift Bridge to Niles sorow iedieyr s / tie cAmoutif decreasing tie risk that the pilots reference sa .tbreading the eye orate sidle. PICC filly supports distoasnios ibe bridge to decrease Ibis risk to shipping. Trask yea for your consideration Sincerdy, Mike Cain President of Port lsdustries Working for a &danced Partnership Nr Wide Wanse MVO Resting & Chemlcals, l.P. DuPont Semen& Chromium, LP, Mint Rasourres, LP. Ma rkWest Javelin& Co. K wit &Wore Sermios, Ltd. Lyandeil Denbo] Company Magellan Ptielstreain Partners A7rt of 02rg16 C Authority Sherwin Alumfro ca �# ■ ■■■■ , Topaz Power Group, UC Valero 2Z2Power Street - 78401 P. 0. lox 1 — �7,�,, 3 Corpus lJ/ I Phone: 361/8854206 36 Removal of Bridge • Critical that Bridge be removed Bridge is a hindrance to safe navigation "Threading the eye of the needle" (Pilots) Cracking could still get worse even in up position Channel will be widened after removal • Port Request to City Approve Agreement for Removal of Lift fridge Removal cost expected to be $3 to $4 million The Port will pay for the cost of removal City conveys title to the bridge to the Port No cash pa meat required y city 37 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 9 2007 AGENDA ITEM: Motion approving the 2007 Tax Levy of$7 ,790,741.58 based on the adopted tax rate of$ .563846 per $100 valuation, in accordance with Section 26.09 (e) of the Texas Property Tax Code. ISSUE: Section 26.09(e) of the Texas Property Tax Code requires the assessor to submit the unit's tax levy to the governing body for fornai approval. REQUIRED COUNCIL ACTION: Approval of motion approving the 2007 tax levy as submitted. PREVIOUS COUNCIL ACTION: • Tuesday, July 24, 2007 — City Council adopted the City budget for FY 2007 -2008 based on the proposed tax rate of $0.584082 per $100 valuation. • Tuesday, July 24, 2007 — City Council voted to schedule September 11, 2007 for adoption of the ad valorem tax rate of $0.584082, and scheduled two public hearing on the proposed ad valorem tax revenue increase. • Tuesday, August 21, 2007 — City Council conducted a public hearing on the proposed ad valorem tax revenue increase. • Tuesday, August 28, 2007 — City Council conducted a second public hearing on the proposed ad valorem tax revenue increase. • Tuesday, September 11, 2007 - City Council adopted an ordinance setting a tax rate of $0.563846 per $100 valuation. CONCLUSION AND RECOMMENDATION: Staff recommends that the City Council approve the 2007 Tax Levy of $72,790,741.58. Cindy O'Brierill Director of Financial Services Attachments: Background information Certification of Tax Levy for Tax Year 2007 BACKGROUND INFORMATION The Texas Property Tax Code establishes rules for approval ofthe tax levy. Section 26.09(e) ofthe Code requires the assessor to submit the unit's tax levy to the governing body for approval. The tax levy is the amount of current taxes to be collected for FY 2007-2008, which is derived by applying the adopted tax rate to the certified appraisal roll. The tax levy for 2007, based upon a tax rate of$0.5 384 per $100 valuation and a taxable value of $13,110,832,851 is as follows: IaxIyy onnpo a $47,811,405 Supporting the City's maintenance and operations 111,502 Supporting the City's debt service $73,924,907 76,070 Add: Late Rendition Penalty — Personal Property Accounts (1210,235) Less: Over-65/Disabled Homestead Frozen Levy Loss $729O342 2007 Ad Valorem Tax Levy The 2007 tax levy reflects an increase of $4,559,994 over the 2006 tax levy of $68,230,748 and is primarily due to the growth in valuations relating to new properfies. FY200 -2008 reflects the effect of the third year of implementation of the over-65/disabled homestead tax freeze. The loss of tax levy due to the tax freeze is $1,210,235, which compares to a loss of$650,651 reported in FY2006 2007 and a loss of $396,701 reported in FY2005 -2006. Also applicable to the levy this year is the addition for late renditions penalty on personal property accounts. The Chief Appraiser may impose a penalty on a person who fails to timely file the required rendition statement or property report on all tangible personal property used for production of income that the person owns or manages and controls as a fiduciary. The tax assessor shall then add the amount ofthe penalty to the amount of tax imposed on the property and include that amount on the individual's tax bill. In the F 2007 -2008 budget adopted by the City Council on July 24, 2007, the total tax levy allocated to the General Fund and the Debt Service Fund was $72,046,515, or $47,478,278 and $24,568,236, respectively. These amounts were reduced by estimated delinquent collections (3.3%), the City's portion of the estimated Reinvestment Zone No. 2 levy, and the estimated levy Toss from the tax freeze to arrive at the adopted FY 2007-2008 current ad valorem tax budget of $66,783,594 — $44,618,838 for General Fund and $22,1 64,756 for Debt Service Fund. The tax collection rate, as reported on the July 2007 Tax Collector Monthly Report from the Nueces County Tax Office, reflects a current tax collection rate of 96.7 %, leaving delinquencies at 3.3 %, which is V2 of a % less than the collection rate of 3.8% used for calculation of the FY2007 -2008 budget The law firm of Linebarger Ooggan Blair & Sampson has the contract with Nueces County to collect delinquent tax accounts. For the past two years, they have been very aggressive in their collection efforts, as reflected in the higher percentage of collection rate. They have pledged to continue in their aggressive collection efforts in the upcoming year. After applying the actual loss as a result of the tax freeze as well as adjusting the delinquent tax collections rate to 3.3 %, the revised amounts calculated for ad valorem tax revenues for the General Fund and Debt Service Fund fall within the parameters ofthe amounts included in the FY2O 7 -2008 budget, and therefore do not require a budget amendment. 901 Sias .301 Orpw 'gyp 7I4024614 Qamiro 'Ronnie Canaks Amstar and CoQactor of Taxrs CERTIFICATION OF TAX LEVY FOR THE TAX YEAR 2007 CITY OF CORPUS CHRISTI Total Appraised Value et 100% oMarket Value Lest Partied iremptims Ag-?Jss account value Ibis and Dbau ants Total Net Aid Value Ale lit Ratio Total Taxable Value 2007 Adopted Tax Rate 2007 Jed Valorem Tax Levy I P: Owe led Homestead Frozen Levy Lon Late Rendition Penalty PrNonc1 Property Accounts 2007 Ad Valorem Tax Levy S 1,31,6,8p8 i__z41o434.o4:; 513,110,832.851 100% 513,110,832,851 .363846 1 100 73,924,906.60 1210,233.01 76 070,00 5 72,790,741.58 Sub minion of the Tax Levy for 2007 for approval by the City of Corpus Christi City Council in acoordirica with Section 26.09(o) of the Texas Property To •erode. legote Ramiro R. Cutsh's, CTA Nugget County Tax Asusssor.o 1leotor SWORN AND SUBSCRIBED AND SUBSRIDED TO before Me at Corpus Christi, Texas this jlaiday of Weber. 200? Notary Publi tese ofTexit (NV 1884307 ftv (361,) sae -aZa DEMbiaMahatand THE STATE OP TEXAS COUNTY Or NUECES The Tax Levy 11 hereby approved y the City of Corpus Christi City Council on this day of Odor. 2007. ATTEST: Arrn■ndo Chaps, City Seorsty, City ofCorpu$ Christi 4 Henry Oarrert,Moyor, * City of Corpus Christi 16 CITY COUNCIL AGENDA MEMORANDUM city council Action Date: tob r Zoo SUBJECT: Amendments to the Junked Vehicle Ordinarice to include recent updates of related State law, and to strengthen local enforcement and abatement of junked vehicle violations. AGENDA ITEM: Ordinance amending the Code of Ordinances, Chapter 13, Article It, Division 2, Junked Vehicles, by repealing Sections 13-38 through 13-45 and adopting new Sections 1348 through 13-45; providing for an effective date; providing for severance; providing for publication; and providing for penalties. ISSUE: The amendments to the code of ordinances relating to junked vehicles are proposed to provide for enhanced and effective code enforcement and efficient abatement of junked vehicle violations throughout the City of corpus Christi. Proposed amendments include the followingst #e haw u da The noted state law provisions highlighted in this memorandum are only a few examples of recent legislative updates that the city of corpus Christi will incorporate for local enforcement of junked vehicles. These highlighted provisions are those that the city recognized as being significant toward our purpose and enhanced efforts for enforcement. • state Law now includes the option for a hearing to contest a junked vehicle notice of violation. This aspect has changed from once being a mandatory step in the enforcement process to a hearing upon request by the person receiving notice. • state Iaw updates also include language that clarifies that a junked vehicle is "resumed, unless demonstrated otherwise by the owner to be inoperable." This statement shifts the burden to prove inoperability of a vehicle to the owner instead of the code enforcement official. Pr • osed amen meats incl ude the followi n b the Ci of Co . us Christi: The new provisions proposed through this amendment of the city of corpus Christi's code of Ordinances will incorporate current state Law and additional provisions that will provide for Lmore stringent" requirements with regard to the determination of a junk vehicle and the enforcement practices. • The City of corpus Christi proposes a requirement that is more stringent than the current State law in reference to the definition of a "junked vehicle" which will require the vehicle to "not have /awfully attached to it: an unexpired license plate, a valid motor vehicle inspection certificate." The State requires both the expired license plate and the expired inspection certificate before the vehicle can be defined as a junked vehicle. The City proposes to only require one or the other to be expired in order to define the vehicle as junked. • The City proposes to include a definition of an "inoperable vehicle" in addition to the general definition of a "junked vehicle." This definition will clarify the various aspects of an "inoperable vehicle" and further support the determination of a junk vehicle due to "mechanical failure, breakdown, or disrepair, cannot be started, driver,, operated, steered, or stopped under its own power without causing damage to the vehicle." • The City also proposes additional amendments that are more stringent than what is required by current State law, specifically, the time frames in which a junked vehicle may be placed on public and private properties before being classified as a public nuisance. The State currently provides a time frame of 72 hours on public property or public right-of-way; however, the City is proposing to restrict this time frame to 48 hours for local enforcement practices. Additionally, State lay provides 30 consecutive days on private property; the City is proposing to change this time frame to 20 consecutive days for local enforcement practices. • The City proposes to expand the language of the declaration of a junk vehicle as a public nuisance to include bung "visible from an adjacent private property." This amendment provides further clarification of the locations where a junked vehicle becomes a public nuisance on private property. • The City has included language to clarify acceptable methods for vehicle storage, screening, covering, and enclosures of the vehicles that may qualify as exceptions to this ordinance such as for collector and special interest vehicles. • The City has now included a method for abatement of dunked vehicles by utilizing qualified licensed salvage companies to remove the vehicle to a scrap yard, a motor vehicle demolition, or other suitable sites operated by the city, as necessary to accomplish the abatement, provided that any such disposal shall be for scrap or salvage only The Neighborhood Services Department researched junked vehicle enforcement and abatement practices of other Texas cities such as the cities of Austin, Houston, El Paso, Fort Worth, Plano, Dallas, McAllen and San Antonio. It was found that most of the cities were utilizing the basic provisions of the State statute. The only significant differences found were in the varying methods of abatement of the junked vehicles with a few of these cities allowing reasonable time provided for the abatement by the vehicle owner, and other cities providing options of abatement services for the owner which usually involved a cost to either the municipality or the vehicle owner. After thorough consideration of the current available City resources and the growing concern regarding junked vehicles throughout the community, the Neighborhood services Department decided to focus on efficient abatement with the direct utilization of salvage companies. This method of abatement would eliminate a costly and complicated step in the process of having to employ a wrecker service and coordinating a location/facility for disposal of the junked vehicles which would include the following specific requirements by the U.S. Environmental Protection Agency (EPA) for the proper removal of fuels and other hazardous fluids and automotive parts. With the direct utilization of qualified licensed salvage companies, the responsibility for proper er dis osal is with the salvage company. We believe that this direct relationship with the salvage companies will provide a financial incentive for the companies with the salvage of metals and parts and will relieve the City of any related costs for abatement. The City of Corpus Christi's Purchasing Division has recently completed a Request for Qualifications (RFQ p rocess for area salvage companies to participate in the City's Junked Vehicle Abatement Program. The companies that are qualified have met all the licensing and insurance requirements ents of the state of Texas and the City of Corpus Christi. The qualified companies will be utilized on a rotation basis and will be required to comply with the established operational procedures as outlined to accomplish the provisions of the Junked Vehicle Ordinance and the environmental regulations of the Federal and state Governments. REQUIRED COUNCIL ACTION: The approval by the City Council of a first and second reading of the proposed amended ordinance is required to effectually enact the proposed changes. CONCLUSION AND RECOMMENDATION: City Staff recommends the approval of the Code of Ordinances, Chapter 13, Article 11, Division 2, Junked Vehicles, by repealing Sections 13-38 through 13-45 and adopting new Sections 13 -38 through 13 -45. Effective November 1 , 2007. Respectfully Submitted, nne Morales Haag, ' ire or • hborhood Services Department Attachments. Proposed Amended Ordinance Presentation BACKGROUND The Junked Vehicle Ordinance was last amended in August of 1985 to clarify time requirements for compliance. Records indicate that the enforcement of this ordinance was abandoned in 1993 by the City of Corpus Christi's Code Enforcement Division due to budgetary restraints. It was at this time that the EPA imposed regulations for the proper removal of gas tanks, air conditioners, fuels, and other fluids before the demolition / salvage of the junked vehicles could be conducted. The abatement services utilized by the City of Corpus Christi were determined to be cost prohibitive with no other resources available at the time. The City of Corpus Christi opted to utilize the open storage ordinance in lieu of the junked vehicle ordinance which deemed junked motor vehicles a violation on private property subject to Open Storage, Sec. 13 -22, Sec. (306.4) of the Code of Ordinances, Southern Standard Housing Code, Chapter 11 and 111. Failure to comply with the open storage provisions constitutes a criminal violation with possible fines being assessed by Municipal Court, but the ability to utilize abatement procedures for junked vehicles is not permitted under the current open storage ordinance. Therefore, code enforcement officials would send notice of the junked vehicle violations as open storage, making the vehicle owner directly responsible for the removal/abatement of the vehicle with no abatement methods in place if compliance is not met by the vehicle /property owner. Thus the junked vehicles would remain (in many cases) on the private property with only the continued enforcement of assessed fines imposed by Municipal Court as a penalty for the continued violation and motivation for abatement by the property owner. Severs! attempts have been made by the Code Enforcement Division and the Police Department over the last 10 years to resolve this growing issue in our community but were all abandoned due to the challenges of financial and resource restraints. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, S, CHAPTER 13, ARTICLE 11, DIVISION 2, JUNKED VEHICLES, BY REPEALING SECTIONS 1348 THROUGH 3 AND ADOPTING NE W SECTIONS 1348 THROUGH 13-45; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; CE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED ED B THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 13-38 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood orhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-38 is enacted to read as follows: Seen-43-38,Defin-Wons-, (1) Th i "Sec. 13-38. Junk vehicles declared to be • ublic nuisance. "(a) ALynkevehicIe, including a part of a junked Vehicle, that is visible at any, time of the ear from a • ublic • lace • ublic ri • ht -of -wa or ad'a ernt • rivate r rty: "(1) is detrimental t _t _ a y__arid welfare of the public "(2) tends to reduce the value of private property; "(3) invites vandalism; "Lit creates a fire hazard:, (1 5 is an attractive nuisance creatin • a hazard to the health and safet o minors. "(6) •reduces urban bIL•ht_adverse to the maintenance r d continuing �eveloprnent of the i t "(7) isa u li nuisance. "(b) A juriked vehicle in accordance with the • rocedures for abatement and removal in Chapter 683 &the Texas_Trans•ortation Code and as defined herein, is declared tro be a public nuisance subject to regulation." SECTION 2. Section 13-39 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement,. Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-39 is enacted to read as follows: i e i "Sec. 13-39. Definitions. Antique a hiQ/e means a passenger car er truck that is at least twenty-five Z5iyeaIQ!t EHord216.doc Page 2 of 11 13) Lnoperak/e means duje to mechanical failure re d isr _ air, cannot be started driven, operated, steered, or stopped under its own ower ithout causing daa a to the vehicle. " le means a vehicle that is self -: ro ell d_o f any a►rt her s Vic) Junes vehicle _ _- which is in view and I does not have lawful! attached to It: "P an unexpired license - 1 . or "g3) _a .valid motor vehicle inspection certificate. "L2) is: "iA) wrecked dismantled or partially i mantled or discarded: or "LB) joprabje and has remained inoperable for more than: '(i 4 consecutive hpur ,_ if the vehicle is on public property, or public right- Lpf -ra ; or "(11) 20 consecutive days, if the vehicle is on private r eL " i d ) Motor vehicle collector means a person who: "ill owns one or more an igue or pedal interest r hicles; and acquires:-collects, or d4piLsigs of an anticial r vehicle or part of an antique or special jnterst veh cle for ersni use to store and reserve an antique of gositinterest vehicle for historic interest r OrdTharviewi!1eapSVI$ib!eat_anytime of the year ror Lan ti rJg wa ub1 ic . ro . e or from • rirate . ro + e which is owned or occu • red b a the roe orner r ocge of the property on which the rsn other than � - v hi vehicle is located. " Special interest vehicle means a motor vehicleo an a• e that has not been crar from r • ' al man facu rer's s eccatI s and, _ a ause of its historic reserved ahobbyi jnterstJi?eifl9. p SECTION 3. Section 13-40 -4 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division � 2, Junked Vehicles, is repealed and new Section 13-40 is enacted to read as follows: Pane 3 of 11 EHord l ,doo Page 4 of 11 `Sec. ' 3-0. #roernent* notice. " a It e procedures for abatement aril - removal of 'unked vehicle must be administered by code enforcement offic as s _in to ed by the Neighborhood Services Qepartrnent _ ofthe City, or other agL_Larly salaried fulltle a le ee of the Citypat Anna be- designated fam r e tir b the C4 Illlana er, a cep that any hori ed er on r n rerr ove_ the nuisance; " b Persons authorized_to authorized-to administer the abatement and removal Eocedures may enter ypon private property to examine a Kinked v hi l a # ��r pr ier to identiftie junked vehicle and to remove or direct the re ov junked vehicle. "(c) ollowi in a ti atlon ofgs_t__thfiq n ,lance the notice procedures set out in this section must be followed for the abatement and removal of a unked vehicle from pub i c or_p_rtmte property or ubli ri ht -of- AL Paae 5 of 11 "(1 A notice must er nall delivered sent b,., ertifi d nail with a fire -day return reQutd, or delivered by the United States Postal Service wii signature confirmation service : "(A) the last known wr registered owner of the nuisance: B each Iienhold er of record of the nuisance' and 'IC) the owner or occupant of: " i the To rt -orb which the nuisance _is located; or {iii) if the_nuisance is located on a public_right-of7way, the ffopertv adjacent to the right-of-waves "(2) The notice must stater "(A) the nature oft the public nuisance; " f. that the nuisance rust be abated and removed not later than the 10th da after the date on which the notice was •ersonali delivered or mailed. " C describe the right to re oast a hearin i and state that rieg t for a e rin rust be made before the I - peri d expires. "1,3) ip_addition to the notice required under subsection 1 this section a code enforcement official, or other erg to ee designated by the y QJjtyManager, -ma r securel of it to a lunked vehicle, or part thereof, a visibl dated, and brIghtIK colored notice that contains the information re uird Erg- subsection c2 -f this section. The posting of the - - -- discretionary notice described in this subsection is net a condition or requir r nent recedent tkAr_ roc edin t or action to abate a ppblic nuisanc L arld p_13:jceeding or action is not void,. voidable or in apy nr 1 affected by failure to affix the notice. "(4) Ifs post office address of the last known re itrd owner of the *Linked vehicle is unknown a notice ma be •laced on the .unked vehicle or if the owner is located, perso II r d ii Bred. If a notice is returned undelivered, action _to abate the nuisance must be continued to a date not earlier than the t 1 th da after the date of the return." EFlord216.doc Page 6 of 11 SECTION 4. Section 13 -41 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises standards, and Neighborhood Improvement, Article 11, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-41 is enacted to read as follows: user. 1 3.41 * e r rr a rel ca l r of 'need vehicle. "(a) A person who receives notice of public nuisance under section 13-40(c)(1) ma re nest a_hearing to determine whether a vehicle is a junked vehicle. n request for a hearingi ust be made, in erson or in rritin o the r nunici al court clerk not later than the 1 Oth clpy after the notice vra ersonall delivered or mailed. "(b) If requested in a timely manner, a r unici• i court judge shall holcri-ig to determine whether a vehicle, or part thereof, is a public nuisance.. 't(o) The h aria sh it be held not earlier than the 11th day after the date of service of the notice. "K At the Dearing, the junked_vhicIe velcie p.2,___Jmesql, unless demonstrated othenNise by the owner, t __inoperable. "(e) The r u icipal courts of the city may issue necessary orders to enforce the procedures for the abatement and removal of a public nuisance. "0) orderr uirin tlte- rnovakf the nuisance must include if the information is available at the location of the nuisance; thevehicle's: "(1) descr jtion. "i2) -identification number; and L3 license plate number. r. "(g) The relocation of u k d vehicle at is a_public nuisance to another location within the City-Mier a proceeding for the abatement and removal of the public nuisance has commenced shall have no effect pn the proceedin2 if the junked vehicle constitutes a public nuisance at the new _location." SECTION 5. Section 1 3-42 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and a ■ ■to a PG J Pony. 7 of 11 Neighborhood Improvement, Article II, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13 -42 is enacted to read as follows: .._ `Sec. 13-42. Vehicles-not to be reconstructed or made o • era Ie; dis • sal. "a A vehicle removed under the abatement and rmoylroedures set out in this division ma not be reconstructed or made o•erable. "Lb) Disposal of junked vehicle shall be by removal o a scrapyxcLa -motor vehicle-demolisher or other suitable site operated by the Citi, as_necessary to accomplish - the purposes orthis division, provided, that ansucti disposal shall be for scrn,sternolition, or salvage only." SECTION 6. Section 1 3-43 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article II, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-43 is enacted to read as follows: `BSc. 13-43. Notice to Texas Department of Tr rta i n. " of to it rer noval a rip i e identiyfrig the junked y i ie or _part of the vehicle, shall be i iven to the Texas De•artment of Trans.ortation b Nei • hborhood Services Department err pl y o , r other emplovees d situated -by the City Manaier,_notlater than five day s after the date of removal." EHord216.doc Paae 8 of 11 SECTION 7. Section 3-44 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises Standards, and Neighborhood Improvement, Article H, Building and Housing Standards Code, Division 2, Junked Vehicles, is repealed and new Section 13 -44 is enacted to read as follows: "Sec. 1144. Ina fioa ility of divisions no exem tion. "(a) The procedures for the aba ernent- and removal of a iublic n isan _nay t of rto a ehile or vehicle " that is completely enclosed in a building in a lawful manner and is -at visible from public or private propertt or public right -of- wa ; r "a) that is stored or parked in a lawful manner on private •ro.e in connection with the business of a licensed vehicle dealer or 'unk and or that is an aniaae or tai interest vehicle stored bjnotr vehicle collector on the flector's property, if the vehicle or vile part and the outdoor- orae area, Lrly, air: " A n i nta ined in ark- orderly nan er: no-a health hazard ; and " C .preened from rd in k p 1 io view_by appropriate_me,.is . jiudinga nc fee ra ids rowing trees, shrubbery.or a for`rx -tip cover desjgned a and manufactured specifically for vehicles. it b Ajunked vehicle, or part of a junked vehicle, covered by a forr�p -- itt n vehicle cover, is not exempt from the pro ed re _fcr abatement and removal." SECTION . Section 1 3-45 of the Code of Ordinances of the City of Corpus Christi, Chapter 13, Code Enforcement, Housing and Housing Premises standards, and Neighborhood Improvement Article 11, Building and Housing standards Code, Division 2, Junked Vehicles, is repealed and new Section 13-45 is enacted to read as follows: Page 9 of 11 "Se. '1 345. Offense; penalty. taLAperson commits an offense if that person maintains _ u li nuisance as described in this division. 1( b An offense under this division is • unishable b a fine not to exceed two hundred dollars ($200.0a (1 c On conviction the court shall order removal and abatement of the •ublic nuisance. " d Are offense under this division its subject to the p n Ityr visions of Sections 1 -6 and 1-6,1 of the Code." SECTION . The provisions of this ordinance take effect November er ber 1, 2007. SECTION 10. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, - subdivision, clause, phrase, word, or provision of this ordinance, for it is the defi 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 a Martinez Mike Hummel] Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed to its final reading n this the day of , 2007, by the following vote: Henry Garrett Priscilla a. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike H rnrnell Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of -.. , 2007. ATTEST: Armando Chapa City Secretary APPROVED as to form: October 4, 2007 Eliza' - th R. Hundley Assis ant City Attorney for the City Attorney Henry Garrett Mayor Paae 11 of 11 Junked Vehicle Ordinance First Reading Ordinance October 912007 1993 — 2006 - City opted to utilize Open Storage 1993 — City abandoned JV Ordinance due to resource restraints for abatement (EPA abatement program) 2 requirements) Ordinance to regulate Junk Vehicles (no organized - Junked Vehicle Ordinance Background August 1985 - Junk Vehicle Ordinance amended to clarify time requirement for compliance 1 Junked Vehicle Ordinance r T. - Junked Vehicle Ordinance Amendments are proposed to provide for enhanced and effective code enforcement and efficient abatement of junked vehicle violations throughout the City. Amendments include recent updates of related state law, and other modifications to strengthen local enforcement. 4 Junked Vehicle Ordinancef EX State Law Updates: Option for a Hearing, to be requested by JV owner (no longer mandatory) Proof of "Inoperability" is now the responsibility of JV owner 5 Junked Vehicle Ordinance Amendments by City of Corpus Christi: gmit City of Corpus Chtisti Require expiration of either the license plate or the vehicle inspection certificate Include a definition of an "inoperable vehicle" 6 3 Junked Vehicle Ordinance Amendments by City of Corpus Chrlstl: Time frames a JV may be placed on public and private properties before being classified as a junk vehicle violation: LI State Law - 72 Hrs. on Public Property or R -0-W to City Ordinance - 48 Hrs. State Law - 30 Consecutive Days on Private Property to City Ordinance - 20 Days 7 1 ,' Junked Vehicle Ordinance City or Corpits Chris Et Amendments by Clty of Corpus Christi: Expand the language of the declaration of a junk vehicle as a public nuisance as "visible from a public place, public right -of -way, or adjacent private property." Clarify acceptable methods for vehicle storage, screening, covering and enclosures for collector and special interest vehicles. 8 4 Junked Vehicle Ordinance New Abatement Method: Utilizing qualified salvage companies to remove the vehicle to a scrap yard, other suitable sites operated by the city, as necessary to accomplish the abatement, provided that any such disposal shall be for scrap, demolition, or salvage only. Junked Vehicle Ordinance Abatement with Salvage Companies: LJ El iminate costly employment of wrecker services Li Responsibility of proper disposal is with Salvage Company including EPA requirements for removal of fuels and other hazardous fluids and automotive parts. La Financial incentive for salvage of metals and parts City relieved of any related costs for abatement 10 5 Junked Vehicle Ordinance Abatement with Salvage Companies: Salvage Companies qualified — meet all licensing and Insurance requirements of the State of Texas and the City of Corpus Christi Salvage Companies will be utilized on rotation basis and will be required to comply with all Federal and State environmental regulations 11 •■1■,11.t•P■MIN.WIN■ a Junked Vehicle Ordinance Standard Operational Procedure: Day 1 Call in or Pick Up „IV Violation Day 1-3 Scheduled Inspection — Place Notice on Vehicle Day 2-5 Enter Case Data & Mail Official Notice of Violation to Property Owner (if violation is verified) Day 2-21 Re-inspection for verification of JV (48-Hrs on public and 20-Days on private properties) Day 2-25 Mali Official Notice of Violation to Property Owner Day 5-30 10-Day Compliance Period for Abatement of At by Property Owner 12 „ • .• Junked (owner Compliance Scenario) Option #1: Owner removes JV No further enforcement necessary, case closed Option #2: Owner requests abatement of JV by City within the 10-day compliance period City coordinates abatement of JV with salvage co. No charge to JV owner for abatement service, case closed Option #3: Owner requests Hearing at Municipal Court to contest JV notice Order given by Municipal Court Judge to either abate or dismiss case City coordinates abatement of JV with salvage co. No charge to JV owner for abatement service, case closed 13 Junked Vehicle Ordinance (Non Compliance Scenario): After the 10-Day Compliance Period Option #1: On the 110, Day or thereafter Re- inspection scheduled by Code Enforcement Official, Non-Compliance is confirmed City coordinates abatement of JV with Salvage Co. No charge to JV owner for abatement service, case closed Option #2: Repeat violations Re-inspection scheduled by Code Enforcement Official, Non-Compliance is confirmed City coordinates abatement of JV with Salvage Co. Charges filed in Municipal Court with possible fines not to exceed $200 per vehicle, plus administrative charges 14 7 1 - - • - - • - • - Junked Vehicle Ordinance October 9 — December 2007 — Public Information and Education — JV Abatement Program November 1, 2007 - Effective Date April 2008 & November 2008 — Evaluation of At Abatement Program 15 Junked Vehicle Ordinance QUESTIONS? /6 17 CITY COUNCIL AGENDA MEMORANDUM City council Ammon Date: 1019107 AGENDA ITEM: A. Motion to amend prior to second reading the Ordinance amending the Code of Ordinances, Chapter 31 Noise, by amending Section 31-6(1), by adding HVAC systems to the definition and revising the noise measurement process for related machinery. B. Second Reading Ordinance- Amending the Code of Ordinances Chapter 31 Noise, by repealing the existing chapter and adopting a new Chapter 31 Noise; providing for severance; providing for publication; and providing for penalties (First Reading 9/25/07). ISSUE: The ordinance requires updating so that noise issues may be better addressed within the City code. The ordinance is being amended between first and second readings to clarify one of the listed exceptions found in 31-6(i). First, HVAC systems are included under the type of machinery that can be measured. Second, the prior language called for measurement of noise from the machinery at a distance of 15-feet from the machinery or the nearest exterior wall of a residential or commercial building under separate ownership. However, because of the difference between the location of ac units and vent systems on residential property versus non - residential property, the language describing the 15-feet distance for measurement is being deleted and the section is simplified to read that decibel meter measurement of noise from an a/c unit, heat pump, pool pump or HVAC system will be taken at the nearest exterior wall of a residential or commercial building under separate ownership. REQUIRED COUNCIL CIL ACTION: Passing of the ordinance. PREVIOUS COUNCIL ACTION: Ordinance section last updated in 1958. Present ordinance passed on first reading on 9/25/07. FUNDING: No funding is involved. CONCLUSION AND RECOMMENDATION: Staff recommends passing of the ordinance. Bryan P. Smith Chief of Police Attachments: • Ordinance BACKGROUND INFORMATION The City of Corpus Christi last addressed the noise ordinance in 1 958. Since that time there have been many changes in what types of noise the community experiences on a daily basis. Updating the ordinance will address the outstanding issues that have been raised by many citizens in the community. The primary change to the ordinance wilt be the insertion of an allowable range for noise measured in decibels that is received on a property. There is a distinction for measurement between day time and night time and certain exceptions will apply for activities such as operation of emergency vehicles, property maintenance like lawn mowing, and activity otherwise regulated by state or federal government. The decibel limits to be imposed by the City, basically 60 dB(A) during the day and 70 dB(A) at night for sound received on residential property, fall in the middle of the range for limits presently used by other cites. The regulation of vibration and sound from vehicles will also be a new provision in the ordinance. This is a common concern of many cities as sound from modem audio equipment , engineered to be louder, becomes more prevalent in vehicles and has been allowed to exist without any boundaries thus far. Several Texas cities such as San Antonio, Laredo, Victoria, Austin, Grand Prairie, and Houston have passed similar ordinances in the past. For some perspective on measuring decibel levels, the attached page lists some common sounds and their respective decibel levels. "Your One Stop Shop for Plant Maintenance, Reliability, Test & Measurement" www.reliabilitydirectstore.com 2911 South Shore Blvd. Suite 170, League City, TX USA 77873 Phone: 281 -291- 957 -5283 Fax: 281-334-4255 Sound Pressure Level Chart Amplified Rock Music ---11 dBA Normal al o versat- ion c 1 m —60 dBA Bedroom of a Country Home —0 dBA .100.1.190 Wain.= 111101110.180 Woe.= 11.10•11.7 0 MISOIRIESO eh. ova r. ,.ouI o women irposirsi40 no..ve smoo.30 mu*our •.. osi20 m.o iipi aii o i i. ip. _.0 u. 0 moos Jet Taking of @ 60 m —120 dBA Tractor @ 15 - .-.-745 dBA Quiet Living Room-40 Room-40 dBA Sound intensity is measured in decibels (dB). Our range of hearing starts at dB and is t 00 � considered safe up to 70 dB. Over and above that level is hazardous and can result in permanent hearing damage. Some facts about dB's d at dB. • Auditory nerves can be permanently damaged from prolonged �c our • 120 dB can cause pain and ringing in the ear. • Sharp pain and extensive destruction of the auditory nerves occurs at 140 dB. AN ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 31 NOISE, BY REPEALING THE EXISTING CHAPTER AND ADOPTING A NEW CHAPTER 31 NOISE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That Chapter 31, Noise is amended by repealing the existing Chapter 31 and adopting a new chapter, to read as foliows: "CHAPTER 31- NOISE Sec. 3 zk efinili ne, and standards. - ted _sound revel -means the sound • ressure 1- vel in decibels as measured on a sound level meter usin! the Awei ! hting network. The level so ral_i nated d r -A. Entertainment Dis riot mons he -d . wnto r , bayfront, and poit areas delineated in the EntertainpentDistrict Disttno of inplampate_yd which is reference -an s on file with the City Secreta '5 office. Noise nuisan = mea s an loud imta in vein ! or disturbin sound oriainaling from a nearb roe under s arate ownershi which causes in u disco fort or di tres of a . - rson of r aeon; ble nervous sensibiliti- s or an sound th*xceedsJiie maximum imu permitted _ - sound _levels _specified in subsection 31 -3. Lit2n-resider o aer� shall mean any real property that is n t Uncluded idefIrjti9ngf n te - residential r as definedin thissectio Without limitation the term includ - s ... erti that have b - en develo • ed • ther harp as residential rperties, crokerties that Eire undeveloped,__aLld - -- rues that are devotedto public streets and ' arks. Residential croon shali mean spyreal • rooerty_develcved and used for h man ha • = Lion that • n { ins liven facuht,e in ludin rove ions for sleepirig,. eating,pokmg.aridsanftation. unless such premises are actual, red and used primari f r pUposesptherthgnhumgn habitation. Qyfld!e,yeLmeang hted sound • ressure level obtained o _sound ievei meter and frequencyweightina network ass ecifi d in American National - Standards !aIt!ite meditations for sound level m - - - -- - - - -- _meters. I - the fry uenc wee . htin ! em to ed is not indicated the A-wei! htin! shall a .. l Soungjeve ! motor near an instrument which is used to measure sound sure le ens. oiaarm ariumeragion La) The fpllowing a others not hereinafter enumerated erated are declared to be "noise nuisan s " and are unlavtiful and in violation of the • rovisions � ors of this division wh = n such acts are don - or accom • fished or carried on in such a manner or with such volume Jntensr or with continued, duration so as to anno to dis Tess or to disturb the ' uiet comfort or re ose of a • erson of reasonable nervous sensibilfties, within the vidinitv_ or i e r ino thereoLqrso _aa to endanger or injure the safe or health of humans or an ri1al or so as to interfere with the h i l II being of humans or animal to end Hoer or 'Wm personal or real (1) The playing or • ermittin ! or causin ! the • la In of an radio television Brun, juke box, musical instrument, sound amplifier 9r similar Omice which producesi_reproduces. or am lifies sound. (2) Theioeeping of any anirivi or bird, which make fie cent or Ion oontl noise. 131 The cpntl ued or ire uent soundIr g of an hom or other s' Hai device on an aut • mobile or vehicle motor cle bus or other vehicle exce • t as a darner _signal. Th - discha . e into th - o• :n air of he ex aust of a steam en ine tationary internal combustion err ine orr o lie motorcycle, or other motor vehicle or boat= - a ce t throe h r o installed muffler r other device which regents In d or ex Iosive poise§ therefrom. The crying,callin or shoutin in er on or a nechanical device or _tfre use of arm whistle,_ rattle bell gonp1cIapper,harnm?r drqrn, horn Iouds ker or phonograph with or without r_arlmer, hand o an r other • ev'' - 4 or instrument musicall or otherwise, (6) Ttlp raucous shoutin ! whistiin ! eilin # sin diers hawkers vendors or an other ersons. The creation of any unreasonably loud = istur in miss on any t i t or sidewalk a e ent to an which i js fn session. an • unnecessa school, hospital, or court Sec.31 Noi.vio1ationdecbeLigdIngs.. . la__Itshall_ ke unlawful for any person IOQP!!JLlctLDemlJtI allow, or produce a sound th t i i ma le b on the ro lines of the roe on which the sound is,beg produced that, when measured with _a sound level meter using the standardized freauency weighting as saecified by the American National Standards Institute ex s the a • • li = bie dB A level listed below for the pippertyofl which the sound is received: (1) Sev_�nty (7OdB(A) betwn the hours of :01 a.m. and 11:OQpin Sunday hrou h Thursda and between the hours of 7:01 a.m. and 12:00 mi �i ht on Fridayand Saturda 2 Si 60 dB A between e hours of 11:01 .m. and 8:00 a.m. Sunday through_ Thursday and between the hours of 12:01 a.m. and 7:00 a.m. on Friday and Saturdav and between the hours of 12:01 a.m. and La 8:00 a. . on Sunda Eighty -Five £5)dB(A for sound that both originates from and is received on proertvwithin the Entertainment Districtat all times. - The d levels set forth in this -action a .Rj,v to the • ro • e where the sou red is being received. AnLsound that when measured at the ' ro • e where th - { . and i - • ein • - - ' ; • ex - • the • B A IeveIset9fthinissedionisa violation of thischapter. c An sound on inatin ! from C . le Park shall no exceed seven aci) 43161 when measured from an private • r i e Sec. 314. Vibration. It shall be u nia fu for an arson to create. maintain or cause muround or airborne vibration which i rce_Dtible without iris meats by a person at any oirp_a_n_affected property property in whiff the vibration griymildpsated unless such activi is other wrls elated under state or federal lay. Sec. 31-5. Vehicular mounted so4nd amplification systems. It shall beunlawMfor anv person operating or controlling a motor vehicle in either a • ubli or • rivate lace within the to o erate a so nd am lifter which is radio, stereo receiver, corn • a disc Player. . gLapsette player. or other s�rrnrlar device in the rotor vehicle in such manner that wrh n o erated, - is audible at a distance of thirty 30 or more feet from the roe or when .. erated cuses a person to be aware the vibration accoring the sound in arty' location u�sid the confides of the vehicle rittinathe sound noise or vibration. &s. 31x. Exce f tion . The of this division shalt riot i - -to; a Th - emis i ion of sound for the • u • se of alertin • ersons to an eme . enc or fb Sound . roduced by emergency vehicles. or Lciagitnd produced_by a vehicle motor with a _Dro.erl installed muffler while vhij1 r�no r n on a ublic • lit-of-way, public tern i o roway, or d Sound • roduced b an ! ovemmental bod in the rfrrnnce of a agyernmentgal function. :eL Sound en rat a seduled sdium event. b � -� �— - - -- - 'parade spectators particjDaritson the wade route durrn' a permitted • ar rt • e- by outdoor celebra ion • artici • ants s ' onsored or co -s • onsored b the for the enral welfare of the ublic accept for the limitation in Sec. 313(c): ypqrisaj a # ■ * aci ants usincnnns and gunfire during historical bad ran ctments for which a te ro i)r*lc milt as beenobtalned and thiLexplosives have been ins and a roved b the fir marshal. by - pyjotechnicdisDlays that are Lnsi*ctetand a Drove•Pj.ate citifire marshal: al: or SflqeneratedfromnorrnaI_activftie conducted on u t' b �c l _roun and public or vat_ _ school noun sjnclud ed but not limited to school athletic and school entertainment events. or Sound enerated b an a reem ted b state r fed IVI in which the re ulation thereof has been ral law includin but not limited to sound • roduced by aircraft jp flight: or h - Sound geneated by of row such as lawn mowing. provided _ theaities take lace from ; 7:00 a.m. to 8:00 .; pr Sound • roduced b the o • er - tion of an air-cond' 'onin ! unit heat rrr • 1 C 1-1‘bri or swimming pooLmachinerywhich_doe doeo not produce a_ sound ejsmcling s. e -, _ [,. -_ .d on resid s-- eventy A on non- residential pro when rrreeu�rd at the nearest exterior wall- of a residential or commercial building under separate o wnershi. • or Sound ' roduced b construction o • eration = includin ! d molition re • air excavation. and alteration during the hourrs_ f . o .m. and 8 :00 p.m.. urliess the work is of urgent necessityln the interest of ublic heaith an heagigncl safety. sec, 31-7. Metjiod of noise measurement. . Whenever ! onions of thishapter probibertain decibel lim t mea ureme t of said noise shall be made with a decibel meter m - - tin ! the standards rest b the American National Standards In tiitute. Tie cs aircraft and 'then tan, . - tion nol e sources and o er back ! round n • ises shall n be considered in talon easurements exce interferes with the primary noise being measured. t here s ch 'sick 1 round noise Sec.3i. Enforcement and Denaltiee. LED _ - Any person, firm, or corporation rho io1ate an reviler j this article is guilty of _a_ rxisdereanor and u n conviction is unishable b a fine as =Wed in ection 1-6 of the Code of Ordinances of the C of C • • us hristi. Each act of violation end each da of rioiation i n dared a se agate violation. . b An • erson firm • r co • oration who obstructs iron • = ' es or interferes with a reor ser t t ve of - the - itywith a r resentative of c` de w rtr�ner t h rnonitorjn ui n or with a ron vvho hakeeri ordered to abate uant to this rticl - - rid who is lawful! en! ! ed in such rt • atement i • ui of a misdemeanor and__ upon conviction... is punishabje by a fine as provided in se !or 1-6 of the Codeof finances of the Ciiyof Co us Christi. Each act of violation and each da of violation is considered a se grate violation.. (c) lr addition to roceedin under auttiprity, of subsect n a art - of this, section the c is ent led to ursue all other criminal and civil rem - • ies to which it is en `led under - giuthoriof statutes or other ordinances a. ainst a .erson firm or co that in violation of this article. sec. 31-9. ldentlfice of violator. The persons _ responsible for violations of this article are identified as, follows: At tesidential • m uest or tree a an .; An resident resent at the time of the offense and asser with the abil to control the level of noise at the time of the own -when no resident is • resent at the tie of the offense. b em 1 At non- residential Jo In cha 1 1 ro e and all 6- An business owner rsons in control or in ,•- tor mana er ossession of the noise nui lrrs rurne or rorpqr the ti _cif offen fc) At any locati n with an ria en d noise r e o e _producing machine, device rrtw erir I or orrrion o same, Anyersonwho leaves -- -- - - --r chi i , nstrurneri #evice, animal. r_ any combination of sarine , _ rhich_ tereafterjomr,j.nceproducingnoiseifl F violation of thl article." - -- - - - -- 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 . Penalties are as provided in Section 1-6 of the Code of Ordinances. That the foregoing ordinance was read for the first time and passed to its second reading on this the 2 54:day of , 2007, by the following vote: Henry Garrett Melody Cooper �.- Larry Elizondo, Sr. Mike Hummel! 1'`�" 4. Bill Kelly a. Priscilla G. Leal John E. Marez Nelda Martinez Mike McCutchon -Cr) -(÷1) - - Pr e- ft, ez._ That the foregoing ordinance was read for the second time and passed finally on this the day of - -- , 2007, by the following vote: Henry Garrett Melody Cooper -- Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Mike McCutchon PASSED AND APPROVED, this the day of , 2007. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor Approved as to legal form a �5.� _� , .2007. By: Joseph Ha Assistant City Attorney For City Attorney i.. g 1 c0 0 If c,3 , 1 i . . 6) g 8 1 c e C 1 i 5 O Q 5 Pa 2 g LL g O Co 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 9, 2007 AGENDA ITEM: Resolution supporting the use of 128 acres adjacent to J.C. Elliott Landfill by the Nueces River Authority in partnership with the Coastal Bend Regional Parks Association for use as a regional park. ISSUE: The Coastal Bend Regional Park Association (CBRPA) has entered into a partnership with the Nueces River Authority in the creation of a regional park. This resolution further clarifies that the 12 acres could be made available to the Nueces River Authority for the purposes of developing the regional park in conjunction with the CBRPA. The landfill is expected to be closed in 2010 once the final cap has been installed. REQUIRED COUNCIL ACTI : Support for further development of a regional park. PREVIOUS IOUS C U CIL ACTION: The City Council approved a resolution supporting the r ati n of a regional park by the Coastal Bend Regional Park Association on September �e � p 28, 2004. FUNDING: none CONCLUSION AND RECOMMENDATION: Staff would like to recommend approval of this resolution. Sally Gav Director Parks an• t ecreation Attachments: Background Site Plan of Regional Tonal Part BACKGROUND INFORMATION The Coastal Bend Regional Park Association (CBRPA) was established for the sole purpose of planning, developing, and maintaining a first rate regional park, comparable in size and scope to other large regional parks across the state and nation, such as Brackenridge Park in San Antonio, Texas; Memorial Park in Houston, Texas; Zilker Park in Austin, Texas; and, Forest Park in Ft Worth, Texas. The Regional Park plan is oriented towards individual and family activities, and includes a forested tropical park setting with streams, lakes, nature trails, jogging trails, biking trails, equestrian facilities, picnic areas, foliage and gardens, and facilities for outdoor recreation such as birding, tennis, golf, skate boarding, archery, camping, and swimming. The Regional Park plan promotes cultural and scientific endeavors by incorporating wildlife and botanical research areas, wetland restoration, educational facilities, conservatories, statuaries, museums, entertainment venues, an amphitheater, and a farm and ranch heritage center, and will use its best efforts not to duplicate existing programs in the Coastal Bend. The Regional Park's zone is made up of fifteen counties, including Aransas, Bee, Duval, Goliad, Jim Wells, Karnes, Kleberg, Live Oak, McMullen, Nueces, Refugio, San Patricio, Victoria, DeWitt, and Calhoun Counties. The Regional Park will provide outdoor educational, recreational, and eco-tourism activities for a population in excess of 750,000. • - Vfi +ai_C ilk'w4ri'� - ty • - - 1 - .,. c ELLIOTT LA N W L _ 30E A.CRF IR4 ,_ l r } ; " rr,,,, 1; - •y,.;,, + ' .•. ` `i• •,,..t . - 1 I ., 1. ` - _` Iy • 4 . . _� f USAGE MA Page 1 of 2 A RESOLUTION SUPPORTING THE USE OF 128 ACRES ADJACENT TO J. C. ELLIOTT LANDFILL BY NUECES RIVER AUTHORITY IN PARTNERSHIP WITH COASTAL BEND REGIONAL PARKS ASSOCIATION FOR USE AS A REGIONAL PARK. WHEREAS, in September 2004 the Corpus Christi Ci ty Council passed Resolution Number 025966 supporting the creation of a regional park by the Coastal Bend Regional Park Foundation; WHEREAS, AS, the Nueces River Authority, in partnership p with the coastal Bend Regional Parks Association, a Texas nonprofit corporation, has . r � � s expressed interest in using approximately 128 acres of city-owned roe adjacent t property � � to J. C. Elliott Landfill for use as a regional park available for p ublic use; WHEREAS, the City Council supports creation of additional parks .. s for benefit to the citizens of Corpus Christi; NOW, THEREFORE, BE IT RESOLVED B f THE CM( COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council supports the use of 1 . p acres adjacent to J. C. Elliott Landfill by Nueces River Authori ty in p artnership with th Coastal fiend Regional Parks Association for a regional park for the benefit citizens of the c�tiens of Corpus Christi. The proposed land to be used is shown in r attached Exhibit. 9 een and red on the ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: October 5, 2007 Lisa Aguilar Assistant CityMorney for the City Attorney \LEG - J isa soI tlon 2 \Res- Regional Park.doc Page 2 of Corpus Christi, Texas of 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper - Larry Eli and , Sr. Mike H m ell Bill Kelly Priscilla G. Leal John E. Klarez Nelda Martinez Michael McCutchon n H: L ir- JR Lisa R s I i 2 '7 R s- Regional Park.doe 19 AGENDA MEMORANDUM M DATE: October 9, 2007 SUBJECT: Parkdale Library Renovations &GENDALTEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Van Fleet Construction from Kingsville, Texas in the amount of $790,547 for the Parkdale Library Renovations Project for the Base Bid and Additive Alternate No. 1. ISSUE: The Parkdale Library is over 45 years old and is the busiest branch of the Corpus Christi Public Library System. It was originally constructed in 1961 and except for one renovation in 1 991, there have been no upgrades to the facility since it was built. Currently this library requires numerous renovations to maintain the facility and serve a diverse population. Through generous donations by the William T. Neyland Estate and other key donors, funds are now available for the proposed renovations. This project will provide a new 2,000 square foot expansion to the existing library in addition to renovations to the existing facility. The new 2,000 square foot expansion space is for a new children's library area on the first floor, complete with new furnishings and restroom. The proposed renovation improvements were coordinated in the design process with the City Library Building Committee. The project advertised in August 2007 and bids were received on September 5, 2007 with four bidders submitting a proposal. The low bid was submitted by Van Fleet Construction of Kingsville, Texas (See Exhibit "G" Tabulation of Bids). This construction contract will award the Base Bid for construction of the new 2,000 square foot addition as well as general interior and exterior renovations to the existing structure and Additive Alternate No. 1 which will replace exterior windows and storefront with impact- resistant windows, doors, and frames. Additive Alternate No. 2 provides for the construction of the new book -lift shaft and machine room. The contractor has agreed to hold the bid prices for 60-days on Additive Alternate No. 2 in anticipated that additional donations will be acquired within 60-days to fund this element of work. The project is now ready to award; and requires City Council approval. FUNDING: Funding is available from the Library DIP Fund. RECOMMENDATION: Staff recommends approval of the Motion as presented. f AC- Herb Canales, •* ngel R. Escobar, P. E., Director of Libraries Director of Engineering Services H:11-1OMEILYNDAS\ EMLibrary14336 - Parkdale LibrarylConstruction13 AGENDA M MO.doc Additional Sup • ort Material: Exhibit "A" Background Information Exhibit "A4» Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map H :1HOMEILYNDASIGENMLibraryi4336 - Parkdale Library\Construction13 AGENDA MEMO.doc BACKGROUND INFORMATION jBJECT : Parkdale Library Renovations (Project No. 4336) PROJECT BACKGROUND: The Parkdale Branch Library is over 45 years old and is the busiest branch of the Corpus Christi Public Library System. In 200 4, the City of Corpus Christi Library Department was notified that it was named as a beneficiary in the last Will and Testament of William T. Neyland. Upon the death of Mrs. William Neyland in October 2004, the library was designated to receive a cash distribution and beneficial mineral interest in approximately 1,000 acres in Goliad County. To date, a total of $805,587.12 has been received from the trust. Additional funding to the Parkdale Library Project includes contributions from the Friends of the Library, the CC Library Public Foundation, and interest appropriations. Funds are being used to structurally and aesthetically improve the library and expand the current capabilities of the facility. After completion of the project, the Parkdale Branch library will be renamed to the Anita and W.T. Neyland Public Library in appreciation of this generous donation. pRQjECTSCRIPTION: The proposed renovations will provide a new 2,000 square foot expansion to the existing library in addition to renovations to the existing facility. The new 2,000 square foot expansion space is for a new children's library area on the first floor, complete with new furnishings and restroom. The specific interior renovations to the existing library include all new finishes (carpet, paint, ceilings, lighting), replacement of all restroom fixtures, and new upgraded HG. Exterior improvements to the existing library include landscaping, painting, ADA handicap accessibility, new emergency egress from the existing building second floor. This work will be in accordance with plans, specifications, and contract document. 8iDINFQRMAT1ON; The bids range as follows: Description Low Base Bid Construction of a new 2,000 square foot addition to the existing library building as well as general interior and exterior renovations. Additive Alternate No.1 Replace exterior windows and storefront with impact - resistant windows, doors, and frames. Additive Alternate No. Construction of new book -lift shaft and machine room. Provide and install new book -lift. from from $732,547 $54,140 from t High Architect Estimate $914,083 $701,000 to $62,900 $30,000 $32,437 $53,000 $38,000 EXHIBIT A Page 1 of 2 I1: H MEILYNDASI E ILibra 1438 - Parkdale Library\ onsiructlon\4 EXHIBIT A AGENDA BACKGROUND.doe Additive Alternate No. Addition of new fire alarm system. Provide and install new full from $22,000 o $26,111 $20,000 coverage smoke detectors, pulls, and alarms. The City's consultant, Dykema Architects, Inc. and City staff, recommend that a construction contract be awarded to Van Fleet Construction of Kingsville, Texas, in the total amount of $790,547 for the Base Bid and Additive Alternate No. 1 on the Parkdale Library Renovations Project. The contractor has agreed to hold the bid prices for 60-days on Additive Alternate No. 2. It is anticipated that additional donations will be acquired within 60-days to fund the construction of the new book -lift shaft and machine room. CONTRACT TERMS: The contract provides for the work to be complete within 180 calendar days of notice to proceed. HAHOMBLYNDAS1GEMLibrary14336 - Parkdale LibranliConstructionVI EXHIBIT A AGENDA BA KOROUND.doc ExHIBIT A Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Parkdale Library Renovations (Project No. 4336) PRIOR COUNCIL ACTION: 1, December 14 2004 -- Resolution accepting a cash distribution from the William T. Neyland Estate (Resolution No. 026056). 2. Janu ary 25 2005 — Ordinance appropriating up to $600,000 from William T. Neyland Estate into the Library CIP Fund No. 3210 for improvements to the Parkdale Branch Library (Ordinance No. 026128). 8. ) nub 25, 2005 — Resolution authorizing the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library" upon completion of improvements to the facility (Resolution No 026129) 4. April 25 2008, — Resolution amending Resolution No. 026056 to authorize City Manager or his 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. 026752). 5. June 272006 — Resolution 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 $88,000 for improvements to the Para dale Branch Library (Resolution No. 026833). 6. AtAgust 29, 20 — Resolution authorizing the City manager, or his designee, to execute a Gift g reement with the Corpus Christi Public Library Foundation, Inc. which provides $4,492.87 to the City for improvements to the P arkdale Branch Library (Resolution No. 026941). 7. u u t 29, 2006 — Ordinance appropriating $4,492.87 into the Library C1P Fund No. 3210 for improvements to the Parkdale Branch Library from; amending FY 2005- 2006 Capital Budget adopted by Ordinance Igo. 026188 to increase appropriations by $4,492.87; and declaring an emergency (Ordinance No. 026942) 8. Seppber 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $148,994,509 (Ordinance No. 026997). 9. December 19, 2006 - Motion authorizing the City Manager, or his designee, to execute a Contrast for Professional Services with Dykema Architects Inc. from Corpus Christi, Texas in the amount of $86,856 for the Parkdale Library Renovations 2006 (Motion NO. M2006 -422) H:1HOM VNDASIGEN\L.ibrar?A338 - Parkdale LibrarylConstructionl5 tiISIY A-1 PRIOR PROJECT A TION .doc PRIOR ADMINISTRATIVE ACTION: 1. August 26 2004 - Distribution of Request For Qualifications F 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 F 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 No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non- local). 4. July ,_ 200 — Distribution of Letter of Notification (L ON) No. 1 to the Request for Qualifications (RFQ) No. 2004-03 Bond Issue 2004 Projects (Parkdale Library Renovations) ations to 19 architectural firms (19 local and 0 non- local). H: HOMELYNDA \GENILIbrary%4336 - Parkdale Libraryl onstruction 5 EXHIBIT A -1 PRIOR PROJECT A TI N .doc PARKDALE LIBRARY RENOVATIONS (PROJECT NO. 4336) PROJECT BUDGET October 9, 2007 FUNDS AVAILABLE: N eyl a n d Estate Friends of the Library CC Public Library Foundation Interest Appropriations ota 805, 587. 2 181,000.00 4,492.87 72,834.87 ! • ■ ■ ■ ■ w • i • ■ ■ ■ ■ • • • • • r ! ■ • t ■ ■ r ■ ■ • ■ ■ ! • ■ . ! i • • • • ■ ■ ■ • t ! ■ ■ * . e t . ■ ■ ■ • • ■ • ! ! # ..... • ■ ■ ■ ■ ! • ! ! ■ • i t ■ ■ • • r ■ I I t FUNDS REQUIRED: Construction Contract (flan Fleet Construction) $790,547.80 Contingencies 45,000.00 Consultant (Dykema Architects, Inc.) 86,856.00 Furniture 75 000.00 Testing (estimate) 14,470.00 Reimbursements 35,000.00 Public Art 9 ,500.00 Miscellaneous °Printing, Advertising) 7,500.88 ... ���s�i��iiii ■tr•• ■ ■ ■ ■• ■itt•!r■•••! ■! #■ t• s• r•■•■■ a•!!M ■rt•i•••! ■ ■ *rr ■ ■■ ■ ■r!! ■ *!it•• ■■ $1,063,873.00 Exhibit B f IPROJECT No. 4398 r j t un U hib! xh ,33 , w ROAD 1 H 37 PROJECT LOCATION PARKDALE BRANCH LIBRARY 1230 CARMEL PKWY CORPUS CHRISTI 7"X 78411 v.c) A42 F. I. 43 LOCATION MAP NOT TO SCALE PARKDALE LIBRARY RENOVATIONS 1 EXHIBITD•1 CITY COUNCIL EXHIBIT CRY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 09/26/2007 20 AGENDA MEMORANDUM Date: October 9, 2007 SUBJECT: Renaming the Parkdale dale Branch Library AGENDA ITEMS: Resolution authorizing the renaming of the Parkdale a Branch Public Library to the "Anita & W. T. Neyland Public Library" as recommended by the Library Board upon completion of improvements to the facility an repealing Resolution Ng. 026129 which previously authorized the renaming of the Parkdale Branch Library to the "William T. Neyland Public Library ". ISSUE: The library has received over $800,000 from the Anita T. Neyland Testamentary Trust established by the Last Will and Testament of William T. Leyland. In addition, the City has retained mineral interest in Neyland properties and continues to receive royalties. Mr. Neyland directed that 25% of the Trust be distributed to the library upon the death of his wife. On January 25, 2005 the City Council approved a recommendation of the Library Board to rename the Parkdale Branch Library the "William T. Neyland Public Library" upon completion of improvements to Parkdale. The recommendation was based on the historic nature of the gift. It also continued the standard set earlier by the $1.84 million gift from Janet and Ed Harte which established the Janet P. Harte Public Library in Flour Bluff. The Board wishes to amend its recommendation to include the name of Mrs. Neyland who passed away in 2004. REQUIRED El COUNCIL ACTION: City Council policy states that "Final decisions regarding the renaming of City facilities shall be the decision of the City Council." PREVIOUS COUNCIL ACTION: 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. RECOMMENDATION: The Library Board recommends renaming of Parkdale Branch Library for the Neylands. Herb Canales Director of Libraries A RESOLUTION AUTHORIZING THE RENAMING OF THE PARKDALE BRANCH PUBLIC LIBRARY TO THE "ANITA & W. T. NEYLAND PUBLIC LIBRARY," AS RECOMMENDED BY THE LIBRARY BOARD, UPON COMPLETION OF IMPROVEMENTS TO THE FACILITY AND REPEALING RESOLUTION NO. 026129 WHICH PREVIOUSLY AUTHORIZED THE RENAMING OF THE PARKDALE BRANCH PUBLIC LIBRARY TO THE "WILLIAM T. NEYLAND PUBLIC LIBRARY." BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRIST!, TEXAS, THAT: SECTION 1. The renaming of the Park dale Branch Public Library to the "Anita & W. T. Neyland Public Library," as recommended ended by the Library Board, is authorized upon completion f improvements to the facility. SECTION 2. Resolution luti No. 026129, adopted by the City Council on January 25, 2005, which previously authorized the renaming the Parkdale Branch Public Library to the "William T. Neyland Public Library," is repealed. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Assistant Secretary Mayor, City of Corpus Christi APPROVED AS TO FORM: l■ October 1, 2007. IL. f _a Yv T e Agu Assistant City Attorney For City Attorney Corpus Christi, Texas of 2007 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McC to on