Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 07/15/2008CITY COUNCIL AGENDA JULY 15, 2008 0 CPA a EN EN EN -..:. 11:45 A.M. - Proclamation declaring July 20, 2008 as "Homicide Survivors Support Group 3rd Annual Teddy Bear Sunday" Swearing -in Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 15, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y tree que su ingles es limitado, habit un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361- 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Reverend Greg Hackett, First United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tern John Marez Council Members: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummell City Secretary Armando Chapa Bill Kelly Priscilla G. Leal Michael McCutchon Nelda Martinez E. MINUTES: (NONE) Agenda Regular Council Meeting July 15, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 1) 1. Corpus Christi Downtown Management District G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, orordinances. If deemed appropriate, the City Council will use a different method of adoption from the one fisted; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT * Upcoming Items I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 2. Motion approving a service agreement with SouthWest General Services, of Dallas, Texas for Emergency Medical Services Billing and Collections Services in accordance with Request for Proposal No. BI- 0106 -08, based on best value for an estimated annual expenditure of $297,000. The term of the contract will be for three years with an option to extend the agreement for up to Agenda Regular Council Meeting July 15, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) two additional twelve -month periods subject to the agreement of the contractor and the City Manager or his designee. (Attachment # 2) 3. Motion approving a service agreement with Heath Consultants, of Houston, Texas for Natural Gas Leakage Survey Services in accordance with Request for Proposal No. BI- 0169 -08, based on best value for an estimated annual expenditure of $90,580. The term of the agreement will be for three years. Funding is available in the Gas Operations budget for FY 2007 -2008 and has been requested for FY 2008 -2009. (Attachment # 3) 4. Motion approving the purchase of two (2) Carrier Mounted Telescopic Boom Excavators from Waukesha- Pearce Industries, Inc., of Corpus Christi, Texas, based on only bid, in accordance with Bid Invitation No. BI- 0190 -08 for a total amount of $490,596. The carrier mounted telescopic boom excavators will be used by the Street Department. The two units are replacements to the fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund. (Attachment # 4) 5.a. Resolution authorizing and establishing a FICA alternative plan under IRC § 457 (B), for temporary employees and part-time employees who work less than twenty (20) hours per week. (Attachment # 5) 5.b. Motion approving a service agreement with Nationwide Retirement Solutions, Inc., of Dublin, Ohio for FICA Alternative Plan services, in accordance with Request for Proposal No. BI- 0219-07. The term of the service agreement will be for five years with an option to extend for up to two additional twelve- month periods, subject to the approval of the service provider and the City Manager or his designee. (Attachment # 5) 6. Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $750,000 for the purpose of participating in the Local Park Grant Program to develop the Nature Center to be located within the Oso Conservation Interpretive Park on Oso Bay, with a City match of $750,000 in the No. 4720 Community Enrichment Fund; dedicating the proposed site for permanent public park and recreation uses. /Aftonhmonf 44 F\ Agenda Regular Council Meeting July 15, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7. Ordinance appropriating $1,856,054 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring and appropriating $1,076,812 into the Airport 2000A Debt Service Fund No. 4640 and $779,242 into the Airport 2000B Debt Service Fund No. 4641 for debt service on airport improvements; changing the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $1,856,054. (Attachment # 7) 8.a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Turner Industries Group, LLC, owner and developer of Turner Industries Tract, Block 1, Lot 1 located south of IH -37 Access Road and east of Clarkwood Road for the installation of 2,322 linear feet of 16 -inch PVC arterial transmission main. (Attachment # 8) 8.b. Ordinance appropriating $319,025.32 from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Turner Industries Group, LLC for the installation of 2,322 linear feet of 16 -inch PVC arterial transmission main for development of Turner Industries, Block 1, Lot 1 as specified in the Arterial Transmission and Grid Main Construction and Reimbursement Agreement. (Attachment # 8) 9.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Turner Industries Group, LLC, owner and developer of Turner Industries Tract, Block 1, Lot 1, located south of IH -37 Access Road and east of Clarkwood Road for the installation of 692 linear feet of 18 -inch PVC sanitary sewer trunk line. (Attachment # 9) 9.b. Ordinance appropriating $257,884.97 from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Turner Industries Group, LLC for the installation of 692 linear feet of 18 -inch PVC sanitary sewer trunk line for development of Turner Industries, Block 1, Lot 1 as specified in the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement. (Attachment # 9) Agenda Regular Council Meeting July 15, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 10. Second Reading Ordinance - Abandoning and vacating a 7,293 - square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Charlotte Drive) out of Lot 1, Block 1, and Lot 1, Block 2, Tropic Heights Unit 2, adjacent to and south of the Mediterranean Drive public right -of- way; subject to compliance with the specified conditions. (First Reading 07/08/08) (Attachment # 10) J. PUBLIC HEARINGS: ZONING CASES: 11. Case No. 0608 -02, Elov Salazar and Ricardo Martinez: A change of zoning from "F -R" Farm -Rural District on Tract 1 to an "1 -2" Light Industrial District resulting in a change of land use from agricultural to light industrial use and a change of zoning from "F -R" Farm -Rural District on Tract 2 to "B-4" General Business District resulting in a change of land use from agricultural use to commercial use on property described as being 8.012 acres (Tract 1) out of Lots 25 and 26, Section 21, Flour Bluff Encinal Farm and Garden Tracts, located south of Rodd Village and west of the future extension of Rodd Field Road and 18.092 acres (Tract 2) out of Lots 8 and 9, Section 22, Flour Bluff Encinal Farm and Garden Tracts, located south of Rodd Village and west of the future extension of Rodd Field Road. (Attachment # 11) Planning Commission and Staffs Recommendation: Approval of the "1 -2" Light Industrial District on Tract 1 and approval of the "B-4" General Business District on Tract 2. ORDINANCE Amending the Zoning Ordinance, upon application by Eloy Salazar and Ricardo Martinez, by changing the Zoning Map in reference to 8.012 acres (Tract 1) out of Flour Bluff Encinal Farm and Garden Tracts, Lots 25 and 26, Section 21, from "F -R" Farm -Rural District to "1 -2" Light Industrial District and 18.092 acres (Tract 2) of Flour Bluff Encinal Farm and Garden Tracts, Lots 8 and 9, Section 22, from "F -R" Farm -Rural District to "B-4" General Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing fnr n,,hlinnrinn L Agenda Regular Council Meeting July 15, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA: (NONE) L. SPECIAL BUDGET CONSIDERATION ITEMS: PROPOSED CITY OF CORPUS CHRISTI BUDGET: 12.a. First Reading Ordinance — Adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1, 2008; to be filed with the County Clerk; appropriating monies as provided in the budget. (Attachment # 12) 12.b. First Reading Ordinance to ratify increase of $5,150,870 in Property Tax Revenues from last year's Operating Budget as reflected in the FY 2008 -2009 Operating Budget. (Attachment # 12) PROPOSED REVISIONS TO THE CODE OF ORDINANCES, CHAPTER 39. PERSONNEL: 13. First Reading Ordinance — Amending the Code of Ordinances, Chapter 39, Personnel, Article III, Employee Compensation and Classification System, to revise definitions of Full -time and Part- time Employees, add Parks and Recreation skill -based pay grades, revise Step Pay Rates for Metro -Com Technician, revise Minimum Wage, revise Police Management pay range, add Attorney Career Ladder, add Information Technology Career Ladder, designate FICA Alternative Plan participation by Temporary Employees, revise Part-Time Employee Eligibility and participation in (1) Group Hospitalization (2) Term Life Insurance (3) Disability Insurance (4) Holiday, Sick, Bereavement, Vacation and other leave; clarify Airport Safety Officer eligibility in Vacation Leave Accrual; modify Sick Leave "cash -in" provision; provide that Employee may use Bereavement Leave in death of Son -in -Law, Daughter -in -Law, and Step- Parent; to provide for 15 -day paid Military Leave in one calendar year; to amend Nepotism Section to (1) prohibit Department Head hiring or review of Employee Son -in -Law, Daughter -in -Law, (2) clarify Spouse's relatives, and (3) add provision to continue relationship by affinity despite divorce or death if Child of Marriage is living; to combine Plan I and Plan II Personal Leave into one plan; to combine Plan I and Plan II Bereavement Leave into one plan; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for an e#enH..n .lnle IAt+nnkmena 43 1'2\ Agenda Regular Council Meeting July 15, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PROPOSED FEE /RATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2008 -2009 BUDGET: 14.a. First Reading Ordinance — Amending the Codes of Ordinances, Chapter 21, Article IV, Section 21-40, by revising solid waste resource recovery fees; enacting a cart delivery fee; providing an effective date; providing for publication; and providing for penalties. (Attachment # 14) 14.b. First Reading Ordinance — Amending the Code of Ordinances, Chapter 2, Section 2 -79 "Fees ", by repealing the annual nonresident library fee; providing for a library photocopy fee of $0.15 per page, and reinstating a library collection fee of $10 for accounts referred to collection; providing for an effective date; and providing for publication. (Attachment # 14) 14.c. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater rates and fees; providing for an effective date; and providing for publication. (Attachment # 14) 14.d. First Reading Ordinance — Amending the Code of Ordinances, Chapter 35, Article V, Section 35 -117, Entitled "Annual Well Inspections ", by revising the fees; providing for an effective date; providing for publication and providing for penalties. (Attachment # 14) 14.e. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, regarding increased 9 -1 -1 service fees; providing for an effective date of August 1, 2008; and providing for publication. (Attachment # 14) 14.f. Resolution authorizing adjustment of parks, recreation, cultural and leisure time activities rental and recreational fees; adding new rental fees and recreational fees for Fiscal Year 2008 -2009; providing for publication; providing for an effective date. (Attachment # 14) Agenda Regular Council Meeting July 15, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 15. Operation K.E.Y.S. (Keeping Every Youth in School) — A High School Dropout Recovery Effort (Attachment # 15) 16. Bond Issue 2008 Update (Attachment # 16) N. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitado, habre un interprete ingles- espanol en la reunion de la junta pare ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. O. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, 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. ATE Agenda Regular Council Meeting July 15, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 17. Executive session under Texas Government Code. Section 551.071 regarding Arnulfo Garcia vs. City of Corpus Christi; Civil Action No. 06 -198; In the United States District Court, with possible discussion and action related thereto in open session. 18. Executive session under Section 551.072 of the Texas Government Code to deliberate the purchase, exchange, lease or value of real property — a 7.197 -acre tract of land out of Lot 12, Section 31, Flour Bluff and Encinal Farm and Garden Tracts, for the South Guth Ball Field Relocation Project, with possible discussion and action related thereto in open session. P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at .Q; lc p.m., on July 9, 2008. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. SUPPLEMENTAL AGENDA REGULAR COUNCIL MEETING CITY OF CORPUS CHRISTI, TEXAS CITY HALL -COUNCIL CHAMBERS 1201 LEOPARD ST. JULY 15, 2008 10:00 A.M. 's ~ _,~ ~ M ~,,~~ ~ ~ ~ti,, ~ ~~~.~tr _ ~~ ~~ `.~z` Jar ~~ PUBLIC NOTICE is hereby given pursuant to Texas Open Meetings Act, of the following addition to the agenda of the City Council to be considered at the above meeting: O. EXECUTIVE SESSION: 19. Executive session under Texas Government Code Section 551.071 to conduct a privae consultation with its attorney regarding the City's water supply contract with Nueces County Water Control and Improvement District #4, with possible discussion and action in open session. POSTING STATEMENT: This supplemental agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at Q p.m., July 10, 200$. Armando Chapa City Secretary 080715-2.wpd City Council Goals 2007 -2009 iYOwNi Develop Street Plan Texas A &M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review 1 CORPUS CHRISTI DOWNTOWN MANAGEMENT DISTRICT — Seven (7) vacancies with terms to 7 -10 and 7 -12 representing any of the following categories: resident of district; owner of property within the district; owner of stock, whether beneficial or otherwise, of a corporate owner of property within the district; owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. (Directors are chosen through the recommendation of the board and the approval of the City Council) DUTIES: The district will provide maintenance, security, marketing, and the promotion and improvement of property and facilities within the district; the district has the authority to levy taxes or assessments for improvements in the downtown area. COMPOSITION: The board is composed of at least nine but not more than thirty directors, serving four -year staggered terms. Directors must represent one of the following categories: a resident of the district; an owner of property in the district; an owner of stock, whether beneficial or otherwise, of a corporate owner of property in the district; an owner of a beneficial interest in a trust that owns property in the district; or an agent, employee or tenant of one of the above. Per the Texas Local Government Code, succeeding directors are chosen through the recommendation of the board and the approval of the City Council. ORIGINAL BOARD MEMBER TERM APPTD. DATE *Raymond Gignac (PO) 07 -08 08 -21 -01 Eloy Salazar (PO), Chair 07 -10 07 -27 -04 ** *Dottie Clower (A/E/T), Treasurer 07 -10 07 -01 -94 *Wayne Lundquist (A/E/T) 07 -08 08 -22 -00 *Wes Hoskins (PO), Chair 07 -08 08 -22 -00 Mark Adame (A/E/T) 07 -10 08 -22 -00 Les Cassidy (PO) 07 -10 07 -27 -04 Tracy Long (PO) 07 -10 08 -21 -07 Harry Lee Chester, Jr. (PO) 07 -10 08 -22 -06 David Loeb (A/E/T) 07 -10 08 -21 -07 Anna Vasquez (A/E/T) 07 -10 07 -27 -04 *Willard Hammonds, II (PO), Vice Chair 07 -08 07 -27 -04 *Bill Durrill (A/E/T) 07 -08 06 -10 -03 Dan Richter (PO) 07 -10 09 -11 -01 *Chad Magill (A/E/T) 07 -08 08 -22 -06 R Resident of District PO Owner of Property within the District SO - Owner of Stock or Corporate owner of Property within the District A/E /T - Agent, Employee or Tenant of one of the above Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —1— Note: The Corpus Christi Downtown Management District is recommending the following appointments: George Clower (Agent, Employee or Tenant) — New Appointment (Replacing Dottie Glower) Wayne Lundquist (Agent, Employee or Tenant) — Reappointment Bill Durrill (Agent, Employee or Tenant) — Reappointment Raymond Gignac (Owner of Property) — Reappointment Wes Hoskins (Owner of Property) — Reappointment Willard Hammonds, II (Owner of Property) — Reappointment Chad Magill (Agent, Employee or Tenant) — Reappointment George Clower Vice President, The Clower Company. Activities include: Bayfest and Bucaraders. (A/E/T) (6- 30 -08) —2— 2 Requested Council Action: 7/15/08 Alternate Date: 7/22/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Southwest General Services, Dallas, Texas for EMS Billing and Collections Services in accordance with Request for Proposal No. BI- 0106 -08, based on best value for an estimated annual expenditure of $297,000. The term of the contract will be for three years with an option to extend the agreement for up to two additional twelve month periods subject to the agreement of the contractor and the City Manager or his designee. Purpose: Request for Proposals Issued Request for Proposals Received Award Basis: The contractor will capture data entered by paramedics in the field for emergency medical services provided during ambulance emergency calls. The data will be screened, filtered and authenticated with patient eligibility requirements under Medicare and Medicaid programs, private party insurance and/or direct patient responsibility. The data will be downloaded into the contractor's billing system which will generate a bill to the responsible party. The contractor will also be responsible for pursuing collection efforts for those accounts that become delinquent. The contractor will load software onto the EMS ambulance laptops, host the data on a web based server at a remote location, issue bills to ambulance customers, deposit funds collected into the City's account and open a local facility to serve the City's customers. Twenty-Two Seven Proposals were scored by an evaluation committee comprised of the Fire Department, EMS Division and the Purchasing Division in regards to cost, experience of the firm, service capabilities, responsiveness to the RFP and experience of staff. Based on the scores issued by the committee, Southwest General Services has been selected as the recommended provider for this service. Requested Council Action: 7/15/08 Alternate Date: 7/22/08 Funding: EMS Division 1020 - 35100 - 530000 FY07 -08 $0 Funds to support this contract are generated from the fees collected by the contractor. The contractor will charge a flat fee of 6% of the funds collected during the term of the contract. Transition of the contract from the current provider over to the new provider will take approximately 3 months. Funds have been requested by the Fire Department for FY08 -09. Assistant Director of Financial Services Zso3 lenuuy lfl ,L M ID V 0 0 to CO V_ n) 0 O 49 A O) NJ N N 49 CO 10 N CO _7_ EMS Billing & Collection Services Request for Proposal No.:BI- 0106 -08 :ost 25 :xperience of Firm 20 service 25 tesoonsiveness to RFP 10 Maximum :valuation Criteria Score 10 O to W W O N ' O W CO OV N Southwest General Services, Dallas Texas CO V CO -• N+ CO O N CO 0) W 0 W CO W V O W O CO Texas Medical Data Services - National Reimbursement Services, Houston, Texas W CO V W BOO CO CO W ' 0 CO CO C1 Intermedix, Houston, Texas 0 CO 0. OA01 C000000 Powell Professional Services, LLC Columbus, Texas j CO 0 -a -a V CO N N O CO co 00 0 0) Med3000, Dayton, Ohio T A 01 W ..A(n 0o g 0 N W V V -+ Management Koncepts, San Antonio, Texas r 9> ON i A CO V J V Page Manages Associates, Ins Corpus Christi _7_ EMS Billing & Collection Services Request for Proposal No.:BI- 0106 -08 3 Requested Council Action: 7/15/08 Alternate Date: 7/22/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a service agreement with Heath Consultants, Houston, Texas for Natural Gas Leakage Survey Services in accordance with Request for Proposal No. B1- 0169 -08, based on best value for an estimated annual expenditure of $90,580. The term of the agreement will be for three years. Funding is available in the Gas Operations budget for FY07 -08 and has been requested for FY08 -09. •********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Request for Proposals Issued Request for Proposals Received Award Basis: Funding: This contract provides for natural gas leak detection of approximately 1,325 miles of main gas distribution lines and 64,000 service lines. The contractor will survey approximately 1/3 of the main and service lines each year of the contract to complete the entire survey in a three year period. The testing is required under the Texas Railroad Commission's rules and regulations covering the City's Gas Distribution system. Eight Five Proposals were scored by an evaluation committee comprised of the Gas Department and the Purchasing Division in regards to cost, experience of the firm, similar projects completed and responsiveness to the RFP. Based on the scores issued by the committee, Heath Consultants has been selected as the recommended provider for this service. Gas Operations 4130 - 34110 - 530000 Michae Ban-era Assistant Director of Financial Services —1 1 — FY07 -08 $90,580 o m c3nX m MM c) w v, v W m� o w m m MO— • m o.CD gw0 ciao n c�ZO m. (Doc _ 0 3 0) 03 < cn d C ° T m' O= .�.. .yv. N Z= 4 Requested Council Action: 7/15/08 Alternate Council Date: 7/22/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of two (2) Carrier Mounted Telescopic Boom Excavators from Waukesha - Pearce Industries, Inc., of Corpus Christi, Texas, based on only bid, in accordance with Bid Invitation BI- 0190 -08 for a total amount of $490,596. The carrier mounted telescopic boom excavators will be used by the Street Department. The two units are replacements to the fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund. BACKGROUND: Purpose: The carrier mounted telescopic boom excavators will be used by the Street Departments. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. The two units are replacements to the fleet. Bid Invitations Issued: Three Bids Received: One Award Basis: Only Bid Funding: Street 2008 Tax Notes (CIP) Fund Bid Item — 1 550710- 3545- 00000 - 140610 Mic ae Barrera Assistant Director of Financial Services $490,596.00 TOTAL PURCHASE: $490,596.00 —15— -1 6 - oC017n mmn X7=0 -- cnn ODDZ0 xi co _u 502 pwn 73 5 �z-1 wow Q) 0 0 cow CO � D 9 w o 0 C a D m -I 0 0 z CD m m n 0 0 0 0 3 m 0 m m 0 5 Requested Council Action: 07/15/08 Alternate Date: 07/22/08 COUNCIL MEMORANDUM (A) RESOLUTION AUTHORIZING AND ESTABLISHING A FICA ALTERNATIVE PLAN UNDER IRC § 457(B), FOR TEMPORARY EMPLOYEES AND PART - TIME EMPLOYEES WHO WORK LESS THAN 20 HOURS PER WEEK. (B) Motion approving a service agreement with Nationwide Retirement Solutions, Inc. of Dublin, Ohio for FICA Alternative Plan services, in accordance with Request for Proposal Number BI- 0219 -07. The term of the service agreement will be for five years with an option to extend for up to two additional twelve -month periods subject to the approval of the service provider and the City Manager or his designee. :***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The FICA Alternative Plan will be provided solely to temporary employees and part-time employees who work less than 20 hours per week, will be provided in lieu of the social security program and will be established under Section 457(b) of the Internal Revenue Code. Implementation of this Plan will save the City the 6.2% employer portion of social security it currently pays on the approximately $1,300,000 paid per annum to temporary employees and part-time employees who work less than 20 hours per week. This represents approximately $80,000 per annum or $400,000 in savings over the term of the five -year service agreement. Background: As a governmental employer, the City of Corpus Christi may offer temporary employees and part-time employees who work less than 20 hours per week an alternate retirement plan in lieu of the social security program. This plan meets the legal requirements necessary to enable the City to waive participation in social security. Existing temporary employees and part-time employees who work less than 20 hours per week are currently enrolled in the social security program. Effective September 1, 2008, those employees will be transferred to the FICA Alternative Plan. Award Basis: The City will not contribute to the Plan. Instead, eligible employees will contribute 7.5% (pre -tax) of gross earnings into an account they will own. They will have the option to withdraw their funds with no penalty upon retirement or separation from employment. A request for proposal was advertised and issued to twenty service providers. Five proposals were received. Proposals were evaluated across four major criteria: Technical Solution, Proposer's Profile & Qualifications, Investment Options, and Fees & Expenses. An evaluation team comprised of representatives from Human Resources and Purchasing reviewed the proposals and scored each according to the criteria above. Option 1 from Nationwide Retirement Solutions, Inc. is recommended for award as it earned the highest overall score and represents the best overall value to the City and Plan participants. Micha- Barrera Assistant Director of Financial Services —19— 0 ƒ(J/ §G777 8ICD }g cr CD CVac 0m 5' • co 0 CD • �5 F 0 co co co CO IV CO CV iv Evaluation Criteria eE 2| -20- NATIONWIDE RETIREMENT SOLUTIONS, INC. OPTION 1 Dublin, OH 27.7% 17.5% MIDAMERICA ADMINISTRATIVE & RETIREMENT SOLUTIONS, INC. Lakeland, FL 22.2% 20.0% THE HARTFORD Simsbury, CT eeee ICMA -RC Washington, DC PUBLIC AGENCY RETIREMENT SOLUTIONS Irvine, CA -20- RESOLUTION AUTHORIZING AND ESTABLISHING A FICA ALTERNATIVE PLAN UNDER IRC § 457(B) FOR TEMPORARY EMPLOYEES AND PART -TIME EMPLOYEES WHO WORK LESS THAN 20 HOURS PER WEEK. WHEREAS, the City desires to establish a FICA Alternative Plan under IRC Section 457(b) for city employees who hold positions classified as either temporary or as part-time (the latter meaning employees who hold a position assigned base hours of less than 20); and WHEREAS, temporary and part-time employees, as classified, are not eligible to participate in the Texas Municipal Retirement System (TMRS); and WHEREAS, as a governmental employer, the City may offer temporary and part- time employees an alternate retirement plan in lieu of the Social Security Program; and WHEREAS, all existing employees enrolled in Social Security and who are eligible will be transferred into the FICA Alternative Plan upon commencement of the Plan; and WHEREAS, all new part-time and temporary employees will be enrolled in the FICA Alternative Plan upon employment; and WHEREAS, the City intends that participant contributions be invested in an account that provides a reasonable guarantee for the safety of principal and a competitive rate of return, an insured general account and stable value products; and WHEREAS, the City may also consider other investment options that meet this investment objective; and WHEREAS, participating employees will be expected to contribute a certain percentage of their pre -tax earnings each pay period, the percentage to be set by the City, and WHEREAS, the City will not contribute to the Plan. C: \Documents and SettingsWeronicao 1Desktop\071508-•24.Se 2 Establish RCA Alt Plan.doc 1 OF 3 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: 1. SECTION 1. The City Council adopts the Nationwide Retirement Solutions and its attendant investment options, and establishes the City of Corpus Christi FICA Alternative Plan for the mandatory participation of all eligible employees. 2. SECTION 2. The City Manager and designee have authority to execute individual participation agreements for each participating employee, and to act as "Administrator" of the Plan, representing the City, and to execute all related agreements and contracts necessary to implement the collecting and disbursing of participating employee deferrals, and other related documents. 3. SECTION 3. There will be no cost or contribution by the City to the FICA Alternative Plan. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: 07- Jul -08 Veronica Ocanas Assistant City Attorney for City Attorney Henry Garrett Mayor C: \Documents and Settings \vercnicao\Desktop\071508 -, 21be 2 Establish FICA Alt Plan.doc 2 OF 3 day of , 2008. The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon C: \Documents and SettingsWeronicao \Desktop\071508 - R•.S%- Establish FICA Alt Plan.doc 3 OF 3 6 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 15, 2008 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $750,000 for the purpose of participating in the Local Park Grant Program to develop the Nature Center to be located within the Oso Conservation Interpretive Park on Oso Bay ( "Program "), with City match of $750,000 in the No. 4720 Community Enrichment Fund; dedicating the proposed site for permanent public park and recreational uses. ISSUE: The City of Corpus Christi Parks and Recreation Department would like to apply for a Texas Parks and Wildlife, Indoor Grant on July 31, 2008 for the Nature Center to be located in the Oso Conservation Interpretive Park located between Holly and Wooldridge. REQUIRED COUNCIL ACTION: Approval of resolution to submit grant application. PREVIOUS COUNCIL ACTION: Council previously approved the revised resolution to submit an Outdoor Grant on April 29, 2008, as well as approved the Oso Creek - Oso Bay Greenbelt, Parks & Trails System in August, 2006. A second presentation of the Oso Creek - Oso Bay Greenbelt, Parks & Trails System was presented to Council in December, 2007. Council approved an agreement with the Trust for Public Lands to acquire acreage from the Gaines family as part of the Conservation /Interpretive Park in February, 2008. The Texas Parks and Wildlife Recreational Trails grant was submitted in April 2008 and has given verbal confirmation of the award. CONCLUSION AND RECOMMENDATION: The Parks and Recreation Department recommends Council approve the resolution required by the grant application. Attachments: none —27— Sally 'lik, 'rector Parks a id Recreation Department RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION TO THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $750,000 FOR PURPOSE OF PARTICIPATING IN THE LOCAL PARK GRANT PROGRAM TO DEVELOP THE NATURE CENTER TO BE LOCATED WITHIN THE OSO CONSERVATION INTERPRETIVE PARK ON OSO BAY ( "PROGRAM "), WITH CITY MATCH OF $750,000 IN THE NO. 4720 COMMUNITY ENRICHMENT FUND; DEDICATING PROPOSED SITE FOR PERMANENT PUBLIC PARK AND RECREATION USES. WHEREAS, the City of Corpus Christi ( "Applicant") is fully eligible to receive assistance under the Program; and WHEREAS, the Applicant is desirous of authorizing an official to represent and act for the Applicant in dealing with the Texas Parks and Wildlife Department ( "Department ") concerning the Program; BE IT RESOLVED BY THE APPLICANT: SECTION 1: That the Applicant hereby certifies that they are eligible to receive assistance under the Program, and that notice of the application has been posted according to local public hearing requirements. SECTION 2: That the Applicant hereby certifies that the matching share for this application is readily available at this time. The match for this grant is $750,000 in the No. 4720 Community Enrichment Fund. SECTION 3: That the Applicant hereby authorizes and directs its Director of Parks and Recreation Department to act for the Applicant in dealing with the Department for the purposes of the Program, and that Sally Gavlik is hereby officially designated as the representative in this regard. SECTION 4: The Applicant hereby specifically authorizes the official to make application to the Department concerning the site to be known as Nature Center to be located within the Oso Conservation Interpretative Park on Oso Bay in the City of Corpus Christi, Texas for use as a park site and is hereby dedicated or will be dedicated upon completion of the proposed acquisition for public park and recreation purposes in perpetuity. SECTION 5: That the Applicant hereby certifies that a copy of the application has been submitted to the appropriate regional council of governments for Texas Review and Comments System consideration. SECTION 6. This Resolution shall take effect and be in full force immediately after its passage by City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED July 3, 2008 Lisa Aguilar, Assistant City Attorney For City Attorney Henry Garrett Mayor —28— Corpus Christi, Texas of , 2008 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 -29- 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 15, 2008 AGENDA ITEM: Ordinance appropriating $1,856,054 from the unreserved fund balance in Passenger Facility Charge Fund No. 4621 and transferring and appropriating $1,076,812 into the Airport 2000A Debt Service Fund No. 4640 and $779,242 into the Airport 2000B Debt Service Fund No. 4641 for Debt Service on Airport Improvements; changing the FY2007- 2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $1,856,054; and declaring an emergency. ISSUE: Passenger Facility Charges (PFC's) for the Corpus Christi International Airport were approved by the Federal Aviation Administration. The PFCs fund pay -as- you -go and debt service expenditures for the Terminal Building Reconstruction Project. PFC revenue must be appropriated prior to any expenditure. REQUIRED COUNCIL ACTION: All Resolutions and Ordinances require Council approval. PREVIOUS COUNCIL ACTION: 1. September 22, 1992 - Ordinance authorizing the collection of a Passenger Facility Charge of $3.00 per enplaned passenger for a period of five years beginning November 1, 1992 and ending October 31, 1997 (Ord. 021483) 2. September 9, 1997 - Ordinance extending the collection period from October 31, 1997 to May 31, 1998 (Ord. 023057) 3. December 18, 1997 - Ordinance to submit an application (No. 2) to FAA to collect and use a Passenger Facilty Charge of $3.00 per enplaned passenger at CCIA for a period of twenty years beginning June 1, 1998 (Ord. 023165) 4. September 18, 2001 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the allowable collections and extending the collection period to April 1, 2023. (Ord. 024603) 5. September 18, 2001 - Ordinance appropriating Passenger Facility Charge application reimbursement to the city for approved PFC funded projects previously paid from Airport Capital Reserves, Bonds, Interest and operating funds and for the Terminal Building Reconstruction project. (Ord. 024585) 6. January 14, 2003 - Ordinance authorizing an amendment to the Passenger Facility Charge application increasing the PFC collections from $3.00 to $4.50 and extending the collection period to January 1, 2027. (Ord. 025166) 7. March 25, 2003 - Ordinance appropriating $995,812 in Passenger Facility Charge Fund 4621; transferring $730,537 into the Airport 2000A Debt Service Fund 4640 and $265,275 into the Airport 2000B Debt Service Fund 4641 for debt service payments on airport improvements; Amending FY 2002 -2003 Capital Budget adopted by Ordinances5. 025144 to increase appropriations by $995,812; and declaring an emergency 8. October 14, 2003 - Ordinance appropriating $508,848 in Passenger Facility Charge Fund 4621 from unreserved Fund Balance; transferring $489,201 into the Airport 2000A Debt Service Fund 4640 and $19,647 into the Airport 2000B Debt Service Fund for Debt Service payments on Airport Improvements; amending FY 2002 -2003 Capital Budget adopted by Ordinance No. 025144 to increase appropriations by $508,848; and declaring an emergency. (Ord 025519) 9. May 11, 2004 - Ordinance appropriating $ 1,089,744 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003 -2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $1,089,744; and declaring an emergency. (Ord. 025743) 10. January 18, 2005 - Ordinance appropriating $787,067 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2003 -2004 Capital Budget adopted by Ordinance No. 025647 to increase appropriations by $787,067; and declaring an emergency (Ord. 026112) 11. July 25, 2006Ordinance appropriating $ 729,319 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $ 643,761 into the Airport 2000A Debt Service Fund 4640 and $85,558 into the Airport 2000B Debt Service Fund 4641 for Debt Service Payments on Airport Improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $ 729,319 and declaring an emergency (Ord. 026885) 12. July 25, 2006 Ordinance appropriating $828,707 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Passenger Loading Bridges at the Airport; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $828,707 and declaring an emergency. (Ord. 026887) 13. July 25, 2006 Ordinance appropriating $ 172,933 in Passenger Facility Charge Fund 4621 from unreserved fund balance for Airport Landside Roadway System Reconstruction Improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $172,933 and declaring an emergency (Ord. 026886) 14. August 29, 2006 Ordinance appropriating$1,488,093 in Passenger Facility Charge Fund 4621 from unreserved fund balance; transferring $1,055,309 into the Airport 2000A Debt Service Fund 4640 and $432,784 into the Airport 2000B Debt Service Fund 4641 for debt service on airport improvements; amending FY 2004 -2005 Capital Budget adopted by Ordinance No. 026188 to increase appropriations by $1,488,093; amending FY 2006 -2007 Operating Budget adopted by Ordinance No. 026908 to increase revenues by $178,653 in the Airport 2000A Debt Service Fund 4640 and $124,634 in the Airport 2000B Debt Service Fund 4641; and declaring an emergency ( Ord. 026960) FUNDING: Funds are available in Passenger Facility Charge Fund 4621 $1,856,054 CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A: Background Ordinance —34— Fernando A. Segundo Director of Aviation BACKGROUND INFORMATION BACKGROUND: City Council approved the submittal of a second Passenger Facility Charge (PFC) Application to the FAA on December 9, 1997 by Ordinance No. 023165. The FAA approved the application and issued a Record of Decision dated April 14, 1998 stating PFC collections would begin July 1, 1998 for a period of approximately 20 years, or until the full amount approved for collection has been collected. An amendment to this application was submitted to the FAA on June 7, 2001 and was approved by the FAA on June 25, 2001. The approved amendment includes revisions to project scopes and /or budgets for completed, in- progress, or pending Capital Improvement Projects at CCIA. Revisions to the PFC Application were required to support the Council- adopted Airport Capital Improvement Program, including the Terminal Construction Program, and the corresponding General Airport Revenue Bond (GARB) sale completed in August 2000. In addition, project budgets were adjusted to reflect actual expenditures. Exhibit A —35— AN ORDINANCE APPROPRIATING $1,856,054 FROM THE UNRESERVED FUND BALANCE IN PASSENGER FACILITY CHARGE FUND NO. 4621 AND TRANSFERRING AND APPROPRIATING $1,076,812 INTO THE AIRPORT 2000A DEBT SERVICE FUND NO. 4640 AND $779,242 INTO THE AIRPORT 2000B DEBT SERVICE FUND NO. 4641 FOR DEBT SERVICE ON AIRPORT IMPROVEMENTS; CHANGING THE FY2007 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 TO INCREASE APPROPRIATIONS BY $1,856,054; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Funds, in the amount of $1,856,054, are appropriated from the un- reserved fund balance in Passenger Facility Charge Fund No. 4621 and are trans- ferred and appropriated for debt service on airport improvements as follows: (1) $1,076,812 into the Airport 2000A Debt Service Fund No. 4640 and (2) $779,242 into the Airport 2000B Debt Service Fund No. 4641. SECTION 2. The FY2007 -2008 Capital Budget, adopted by Ordinance No. 027546, is changed to increase appropriations by $1,856,054. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2008. ATTEST: Armando Chapa City Secretary APPROVED: July 3, 2008 lizai, th R. Hundle Ass' ant City Attorney for the City Attorney EHord237.doc —36— CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -.37— 8 AGENDA MEMORANDUM AGENDA ITEM: July 15, 2008 a. Motion approving the Arterial Transmission and Grid Main Construction and Reimbursement Agreement submitted by Turner Industries Group, LLC, owner and developer of Turner Industries Tract, Block 1, Lot 1 located south of IH 37 Access Road and east of Clarkwood Road for the installation of 2,322 linear feet of 16 -inch PVC arterial transmission main; and b. Ordinance appropriating $319,025.32 from the No.4030 WaterArterial Transmission & Grid Main Trust Fund to reimburse Turner Industries Group, LLC for the installation of 2,322 linear feet of 16 -inch PVC arterial transmission main for development of Turner Industries, Block 1, Lot 1 as specified in the Arterial Transmission and Grid Main Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: Turner Industries, LLC, owners and developers of Turner Industries Tract, Block 1, Lot 1, will start the installation of a 16 -inch PVC arterial transmission main beginning at the existing 48 -inch water line previously installed by others on the south side of Leopard Street and extend north, along the east side of Clarkwood Road approximately 2,322 linear feet and connect to the waterline loop for Turner Industries Tract, Block 1, Lot 1, once the City Council approves the Arterial Transmission and Grid Main Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Water Arterial Transmission & Grid Main Trust Fund in compliance with the Platting Ordinance RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Bob Nix, AICP ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Schematic of Water Construction Application for Water Line Reimbursement Cost Estimate Arterial Transmission and Grid Main Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Turner Industries project has been identified as a priority economic development project. The development and platting of Turner Industries Tract, Block 1, Lot 1 (Exhibit B) requires the extension of a 16 -inch PVC arterial transmission main. The 16 -inch PVC arterial transmission main will be constructed beginning at the existing 48 -inch water line previously installed by others on the south side of Leopard Street and extend north, along the east side of Clarkwood Road approximately 2,322 linear feet and connect to the waterline loop for Turner Industries Tract, Block 1, Lot 1 (Exhibit C). The 16 -inch PVC arterial transmission main is shown on the City's 1997 Water Distribution System Master Plan. The developer submitted an Arterial Transmission and Grid Main Construction and Reimbursement Agreement (Exhibit F) and supporting documentation in compliance with Section V.B.5.f)(1)(ii)(1) of the Platting Ordinance. The Application for Water Line Reimbursement (Exhibit D) and supporting cost documentation is attached. The total construction cost submitted by the developer for the installation of 2,322 linear feet of 16- inch PVC arterial transmission main is $319,025.32 (Exhibit E). Reimbursement is payable upon completion and acceptance of the arterial transmission main work with the actual reimbursement determined on the actual construction cost, not to exceed $319,025.32. EXHIBIT A APPLICATION FOR WATERLINE REIMBURSEMENT I, owner and developer of proposed Subdivision, hereby request reimbursement of $ for the installation of the water (distribution main) (arterial transmission or grid main) in conjunction with Subdivision, as provided for by City Ordinance No. 17092. Said $ is the construction cost, including 7.5% Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. (Developer) (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on , 20 , by , a Texas Corporation, on behalf of the said corporation. Notary Public in and for Nueces County, Texas CERTIFICATION The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: and (a) sufficiency of funds in the (Distribution Main) (Grid and Arterial Main) Trust Fund, (b) appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit D Eng: Murray F. Hudson, P.E. Client: Turner Industries By: agr Engineer's Cost Estimate Public Infrastructure Improvements 16" Tranmission Main Turner Industries Tract, Block 1, Lot 1 Corpus Christi, Texas ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST PUBLIC INFRASTRUCTURE REIMBURSEMENT. A. Waterline Improvements: 1 16" PVC (C -905) Transmission Main 2,211 LF $59.00 $130,449.00 2 8" PVC (C -900) 17 LF $25.00 $425.00 3 6" PVC (C -900) 258 LF $35.00 $9,030.00 4 16" Butterfly Valve 2 EA $4,110.00 $8,220.00 5 6" and 8" Gate Valve 8 EA $775.00 $6,200.00 6 16" Plug and Cap 1 EA $400.00 $400.00 7 8" Plug and Cap 1 EA $215.00 $215.00 8 16"x16 "x6" Tee 8 EA $795.00 $6,360.00 9 16"x16"4" Tee 2 EA $835.00 $1,670.00 10 Tie to Exist. Waterline (16" Transmission Main) 1 EA $25,500.00 $25,500.00 11 Waterline Deflection 3 EA $2,750.00 $8,250.00 12 30" Steel Bore Casing 150 LF $325.00 $48,750.00 13 Fire Hydrant 7 EA $2,025.00 $14,175.00 WATER SUB- TOTAL: $259,644.00 CONTINGENCIES @ 10 %: $25,964.40 TOTAL CONSTRUCTION COST: $285,60840 D. ENGINEERING AND ADMINISTRATION: 1 Engineering @ 8% $22,848.67 2 Topographic Survey $2,000.00 3 Construction Survey Q 3% $8,568.25 TOTAL ADMINISTRATION: $33,416.92 GRAND TOTAL: $319,025.32 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 - 854 -3101 June 25 2008 Job No. 40821.A7.00 Exhibit E 1 of 1 ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Arterial Transmission and Grid Main Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi (in this agreement "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469- 9277, and Turner Industries Group, LLC, a Louisiana limited liability company, 2301 North Port Avenue, Corpus Christi, Texas 78401 (in this agreement "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, filed a plat to develop a tract of land of approximately 24.1 acres called Turner Industries Tract, Block 1, Lot 1, located south of H 37 Access Road and east of Clarkwood Road, as shown in the attached Exhibit 1; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a 16 -inch PVC arterial transmission main; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a 16 -inch PVC arterial transmission main; WHEREAS, it is essential that the 16 -inch PVC arterial transmission main be constructed along Clarkwood Road, in connection with Turner Industries Tract, Block 1, Lot 1 for it will provide future service connections to the east and west; NOW, THEREFORE, for the consideration set forth in this agreement, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 16 -inch PVC arterial transmission main needed for Turner Industries Tract, Block 1, Lot 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 16 -inch PVC arterial transmission main, as shown in Exhibit 2, with the following basic design: 1. Install 2,322 linear feet of 16 -inch PVC arterial transmission main. 1 of 7 Turner Industries 16 -inch Trans Main Reimbursement Agreement rjr 7- 9- 2008.doc 2. Install 17 linear feet of 8 -inch PVC water main stub out. 3. Install 271 linear feet 6 -inch PVC water main for fire hydrant leads. 4. Install 3 (three) 16 -inch butterfly valves. 5. Install 8 (eight) 8 -inch gate valves. 6. Install 3 (three) 6 -inch gate valves and Boxes. 7. Install 1 (one) 16 -inch plug and Cap. 8. Install 8 (eight) 16 -inch x 16 -inch x 16 -inch tees. 9. Install 2 (two) 16 -inch x 16 -inch x 8 -inch tees. 10. Install 1 (one) tie to existing 16 -inch water transmission main. 11. Install 3 (three) waterline deflections. 12. Install 158 linear feet of 30 -inch steel bore casing. 13. Install 7 (seven) fire hydrants. 14. Install 2,609 linear feet of OSHA trench protection. b. The 16 -inch PVC arterial transmission main will be constructed beginning at the existing 48 -inch water line previously installed by others on the south side of Leopard Street and extend north, along the east side of Clarkwood Road approximately 2,322 linear feet and connect to the waterline loop for Turner Industries Tract, Block 1, Lot 1. c. The plans and specifications must comply with City Standard Water Detail Sheets and Standard Specifications. d. Before the Developer begins construction, the plans and specifications must be approved by the Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 16 -inch PVC arterial transmission main, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 16 -inch PVC arterial transmission main. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 2 of 7 Turner Industries 16 -inch Trans Main Reimbursement Agreement rjr 7- 9- 2006.doc 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract and include within the contract that the 16 -inch PVC arterial transmission main shall be constructed under the approved plans and specifications and completed by July 31, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. DEFAULT. a. The following events constitute default: 1. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. 2. Developer's professional engineer fails to submit the construction plans and specifications to the City's Development Services Engineer by the 40th calendar day after the date of approval by City Council. 3. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. 4. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. 5. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before July 31, 2009. b. In the event of default, the City has all its common law remedies in addition to the following: 1. Cancellation of this reimbursement agreement without notice or cure. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. FINANCIAL SECURITY. Developer or its contractors shall deposit with the City security equal to 110% of the estimated costs of the project before beginning the work. The estimated costs are set out in Exhibit 3. The security may be in the form of a letter of credit issued by a bank in Corpus Christi, Nueces County, Texas; payment and performance bonds; or cash. The form and content of any letter of credit or bond must be acceptable to the City's Finance Director and City Attorney. If performance and payment bonds are used, they must 3 of 7 Turner Industries 16 -inch Trans Main Reimbursement Agreement rjr7- 9- 2008.doc comply with Texas Government Code, Chapter 2253. The performance and payment bond must name Developer and City as joint obligees. 9. NOTICE AND CURE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: Turner Industries Group, LLC 2301 North Port Avenue Corpus Christi, Texas 78401 ATTN: Regional Manager 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this agreement, the City shall give notice to Developer, at the address stated above, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of such performance to Developer by reducing the reimbursement amount due Developer. c. Developer shall pay to City the cost of such performance within 30 days from the date Developer receives notice of the cost of such performance. d. Notice required by the paragraph may be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any such breach after notice, the City may terminate this agreement. e. The provision for notice and cure contained in this agreement do not apply to a default under paragraph 7 of this agreement. 10. WARRANTY. Developer shall have contractor execute a warranty of the workmanship of and function of the 16 -inch PVC arterial transmission main and the construction of the transmission main for a period of one year from and after the date of acceptance of the facilities by the City Engineer. The warranty must be assigned and transferred to the City upon completion of this project. 4 of 7 Turner Industries 16 -inch Trans Main Reimbursement Agreement rjr 7- 9- 2008.doc 11. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 16 -inch PVC arterial transmission main, upon satisfactory completion and testing in compliance with approved plans and specifications, and final acceptance not to exceed $319,025.32. See Cost Estimate attached to this agreement as Exhibit 3. b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 16 -inch PVC arterial transmission main by the professional engineer hired by the Developer. 12. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 16 -inch PVC arterial transmission main construction. 13. COVENANT RUNNING WITH THE LAND. This agreement is a covenant running with the land, Turner Industries Tract, Block 1, Lot 1, a subdivision in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. 14. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this agreement as Exhibit 4. 15. EFFECTIVE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. 5 of7 Turner Industries 16 -inch Trans Main Reimbursement Agreement rjr 7- 9- 2008.doc EXECUTED IN DUPLICATE originals, this day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: George K. Noe City Manager APPROVED: day of , 2008 By: R. Jay Reining First Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas 6 of 7 Tumor Industries 16 -inch Trans Main Reimbursement Agreement rjr 7- 9- 2008.doc DEVELOPER: Turner Industries Group, LLC By: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on John M. Golashesky Senior Vice President and Regional Manager , 2008, by John M. Golashesky, Senior Vice - President and Regional LLC, a Louisiana limited liability company, on behalf Notary Public, State of Texas 7 of 7 Manager, Turner Industries Group, of the company. Turner Industries 16 -inch Trans Main Reimbursement Agreement rjr 7- 9- 2008.doc 631 Eg i Pk gtele g r a Exhibit 2 Eng: Murray F. Hudson, P.E. Client: Turner Industries By: agr Engineer's Cost Estimate Public Infrastructure Improvements 16" Tranmission Main Tumer Industries Tract, Block 1, Lot 1 Corpus Christi, Texas ITEM DESCRIPTION OUAN. UNIT UNIT TOTAL PRICE COST PUBLIC INFRASTRUCTURE REIMBURSEMENT. A. Waterline Improvements: 1 16' PVC (C -905) Transmission Main 2,211 LF $59.00 $130,449.00 2 8" PVC (C -900) 17 LF $25.00 $425.00 3 6" PVC (C -900) 258 LF $35.00 $9,030.00 4 16' Butterfly Valve 2 EA $4,110.00 $8,220.00 5 6" and 8" Gate Valve 8 EA $775.00 $6,200.00 6 16" Plug and Cap 1 EA $400.00 $400.00 7 8" Plug and Cap 1 EA $215.00 $215.00 8 16"x16"x6" Tee 8 EA $795.00 $6,360.00 9 16'k16'x8' Tee 2 EA $835.00 $1,670.00 10 lie to Exist. Waterline (16" Transmission Main) 1 EA $25,500.00 $25,500.00 11 Waterline Deflection 3 EA $2,750.00 $8,250.00 12 30" Steel Bore Casing 150 LF $325.00 $48,750.00 13 Fire Hydrant 7 EA $2,025.00 $14,175.00 WATER SUB- TOTAL $259,644.00 CONTINGENCIES @ 10%: $25,964.40 TOTAL CONSTRUCTION COST: $285,608.40 D. ENGINEERING AND ADMINISTRATION: 1 Engineering @ 8% $22,848.67 2 Topographic Survey $2,000.00 3 Construction Survey @ 3% $8,568.25 TOTAL ADMINISTRATION: $33,416.92 GRAND TOTAL: $319.025.32 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1-361- 854 -3101 June 25 2008 Job No. 40821.A7.00 Exhibit 3 1 oft CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRM NAME STREET: CITY: ZIP: FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association — 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an `ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Job Title and City Department (if known) 2. State the names of each `official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: 11 Exhibit 4 Page 1 of 2 AN ORDINANCE APPROPRIATING $319,025.32 FROM THE NO. 4030 WATER ARTERIAL TRANSMISSION & GRID MAIN TRUST FUND TO REIMBURSE TURNER INDUSTRIES GROUP, LLC, FOR THE INSTALLATION OF 2,322 LINEAR FEET OF 16 -INCH PVC ARTERIAL TRANSMISSION MAIN FOR DEVELOPMENT OF TURNER INDUSTRIES, BLOCK 1, LOT 1, AS SPECIFIED IN THE ARTERIAL TRANSMISSION AND GRID MAIN CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS:. SECTION 1. That $319,025.32 is appropriated from the No. 4030 Water Arterial Transmission & Grid Main Trust Fund to reimburse Turner Industries Group, LLC, for the installation of 2,322 linear feet of 16 -inch PVC arterial transmission main for development of Turner Industries, Block 1, Lot 1, as specified in the Arterial Transmission and Grid Main Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 15th of July, 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 7, 2008 By: Rein irst Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:LLEG -DI R \S ha reduay\Agenda\ 2008\ 7- 15\ ORD- Approp- Turnerindustries- WaterArterial.doc Page 2 of 2 Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:LLEG- DIR \SharedUayAgenda \2008 \7- 15\ORD- Approp- TurnerI ndustries- WaterArterial.doc 9 AGENDA MEMORANDUM AGENDA ITEM: July 15, 2008 a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by Turner Industries Group, LLC, owner and developer of Turner Industries Tract, Block 1, Lot 1 located south of IH 37 Access Road and east of Clarkwood Road for the installation of 692 linear feet of 18 -inch PVC sanitary sewer trunk line; and b. Ordinance appropriating $257,884.97 from the No. 4220 Sanitary Sewer Collection Trunk System Trust Fund to reimburse Turner Industries Group, LLC for the installation of 692 linear feet of 18 -inch PVC sanitary sewer trunk line for development of Turner Industries, Block 1, Lot 1 as specified in the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: Turner Industries, LLC, owners and developers of Turner Industries Tract, Block 1, Lot 1, will start the installation of an 18 -inch PVC sanitary sewer trunk line beginning at a proposed manhole located approximately 50 feet south of the intersection of Leopard Street and Clarkwood Road and extending south approximately 692 linear feet along the east side of Clarkwood Road to an existing manhole located near the Clarkwood North Lift Station, once the City Council approves the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Sanitary Sewer Trunk System Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. iff fiat Bob Nix, AICP ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Schematic of Wastewater Construction Application for Sewer Line Reimbursement Cost Estimate Sanitary Sewer Trunk Line Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The Turner Industries project has been identified as a priority economic development project. An opportunity has arisen for Turner Industries to expand upon the benefits of the project. Taking advantage of this opportunity requires modification to the project schedule, in particular, the coordination and scheduling of the required sanitary sewer master plan amendment, trunk line reimbursement agreement, and construction of public improvements. The proposed 18 -inch sanitary sewer trunk line is not consistent with the current Sanitary Sewer Master Plan. In a special meeting on July 14, 2008, the Planning Commission approved a variance to Section V.B.6.0(1)(ii)(1) of the Platting Ordinance which states that a developer's application for reimbursement may not be considered until an amendment to the applicable master plan is approved by Council. The variance allows Council to approve the reimbursement prior to approval of a master plan amendment and allows the developer to maintain eligibility for reimbursement. A master plan amendment is under development and will go to Council July 29, 2008. The development and platting of Turner Industries, Block 1, Lot 1, (Exhibit B) requires the extension of a 18 -inch sanitary sewer trunk line. The sanitary sewer trunk line will begin at a proposed manhole located approximately 50 feet south of the intersection of Leopard Street and Clarkwood Road and extend south approximately 692 linear feet along the east side of Clarkwood Road to an existing manhole located near the Clarkwood North Lift Station (Exhibit C). The 18 -inch sanitary sewer trunk line is required to provide sanitary sewer service to Turner Industries Tract, Block 1, Lot 1 and is eligible for reimbursement in accordance with the Section V.B.6.f)(1) of the Platting Ordinance. The Turner Industries Tract, Block 1, Lot 1 plat was approved by Planning Commission on December 12, 2007. The developer submitted an application for sewer line reimbursement (Exhibit D) and a Sanitary Sewer Trunk Line Construction and Reimbursement Agreement (Exhibit F) with supporting documentation in compliance with provisions of the Platting Ordinance. The total construction cost (Exhibit E) submitted by the developer for the installation of 692 linear feet of 18 -inch sanitary sewer trunk line is $257,884.97. Reimbursement is payable upon completion and acceptance of the sanitary sewer trunk main work, not to exceed $257,884.97. EXHIBIT A APPLICATION FOR SEWERLINE REIMBURSEMENT I, , owner and developer of proposed Subdivision, hereby request reimbursement of $ for the installation of the sanitary sewer (trunk line) (collection line) in conjunction with Subdivision, as provided for by City Ordinance No. 17396. Said $ is the construction cost, including engineering cost, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. (Developer) (Date) THE STATE OF TEXAS )( COUNTY OF NUECES )( This instrument was acknowledged before me on , 20 , by Texas Corporation, on behalf of said corporation. Notary Public in and for the State of Texas CERTIFICATION a The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Trunk Line) (Collection Line) Trust Fund, and (b) appropriation and approval by the City Council. Development Services Engineer (Date) Exhibit D Eng: Murray F. Hudson, P.E. Client: Turner Industries By: agr Engineer's Cost Estimate Public Infrastructure Improvements 18" Trunkline Turner Industries Tract, Block 1, Lot 1 Corpus Christi, Texas ITEM DESCRIPTION QUAN. UNIT UNIT TOTAL PRICE COST A. Sanitary Sewer Trunkline Improvements: 1 18" PVC SDR -26 (18' to 20' Cut) 659 LF $218.00 $143,662.00 2 6' Dia. Manhole (18' -20' Cut) 1 EA $10,575.00 $10,575.00 3 5' Dia. Drop Manhole (18' -20' Cut) 1 EA $9,750.00 $9,750.00 4 5' Dia. Manhole (18' -20' Cut) 1 EA $8,618.00 $8,618.00 5 16" Steel Bore Casing 150 LF $170.00 $25,500.00 6 Tie to Existing Manhole 1 EA $2,200.00 $2,200.00 7 Rehab Existing Manhole 1 EA $9,265.00 $9,265.00 SANITARY SEWER SUB-TOTAL: $209,570.00 CONTINGENCIES @10%: $20,957.00 TOTAL CONSTRUCTION COST: $230,527.00 C. ENGINEERING AND ADMINISTRATION: 1 Engineering @ 8% $18,442.16 2 Topographic Survey $2,000.00 3 Construction Survey @ 3% $6,915.81 TOTAL ADMINISTRATION: $27,357.97 GRAND TOTAL: $257,884.97 Urban Engineering 2725 Swantner Corpus Christi, TX 78404 1- 361 -854 -3101 June 25, 2008 Job No. 40821.A7.00 Exhibit E loft SANITARY SEWER TRUNK LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Trunk Line Construction and Reimbursement Agreement ( "Agreement ") is entered into between the City of Corpus Christi ( "City "), a Texas home - rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and Turner Industries Group, LLC, a Louisiana limited liability company, 2301 North Port Avenue, Corpus Christi, Texas 78401 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 24.1 acres called Turner Industries Tract, Block 1, Lot 1, located south of IH 37 Access Road and east of Clarkwood Road, as shown in the attached Exhibit 1; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements under City approved construction plans and specifications; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a sanitary sewer trunk line; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a sanitary sewer trunk line; WHEREAS, it is essential that the sanitary sewer trunk line be constructed in connection with the development for service to be provided upon completion of the development; WHEREAS, it is in the interest of the City and the Developer for the 18 -inch PVC trunk line to be constructed along with the Developer's project at this time; NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 18 -inch PVC sanitary sewer trunk line needed for Turner Industries Tract, Block 1, Lot 1 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. Page 1 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7- 9- 2008.doc 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 18 -inch PVC sanitary sewer trunk line, as shown in Exhibit 2, with the following basic design: 1. Install 692 linear feet of 18 -inch PVC sanitary sewer trunk line 2. Install 1 (one) 6 -foot diameter manhole. 3. Install 1 (one) 5 -foot diameter drop manhole. 4. Install 1 (one) 5 -foot diameter fiberglass manhole. 5. Install 158 linear feet of 16 -inch steel bore casing. 6. Install 1 (one) tie to existing manhole. 7. Rehab 1 (one) existing manhole. 8. Install 692 linear feet of OSHA trench protection. b. The sanitary sewer trunk line must begin at a proposed manhole located approximately 50 feet south of the intersection of Leopard Street and Clarkwood Road and extend south approximately 692 linear feet along the east side of Clarkwood Road to an existing manhole located near the Clarkwood North Lift Station. c. The plans and specifications must comply with City Standard Wastewater Detail Sheets and Standard Specifications. d. Before the Developer begins construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 18 -inch sanitary sewer trunk line, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 18 -inch sanitary sewer trunk line. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract, and include within the contract that the 12 -inch sanitary sewer collection line must be constructed, under the approved plans and specifications, and completed by July 31, 2009. Page 2 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7.9- 2008.doc 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. 7. DEFAULT. a. The following events must constitute default: 1. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. 2. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. 3. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. 4. Developer's contractor does not reasonably pursue construction of the project under the approved plans and specifications. 5. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before July 31, 2009. b. In the event of default, the City has all its common law remedies in addition to the following: 1. Cancellation of this reimbursement Agreement without notice or cure. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. FINANCIAL SECURITY. Developer or its contractors shall deposit with the City security equal to 110% of the estimated costs of the project before beginning the work. The estimated costs are set out in Exhibit 3. The security may be in the form of a letter of credit issued by a bank in Corpus Christi, Nueces County, Texas; payment and performance bonds; or cash. The form and content of any letter of credit or bond must be acceptable to the City's Finance Director and City Attorney. If performance and payment bonds are used, they must comply with Texas Government Code, Chapter 2253. The performance and payment bond must name Developer and City as joint obligees. Page 3 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7- 9- 2008.doc 9. NOTICE AND CURE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: 2. If to the City: Turner Industries Group, LLC 2301 North Port Avenue Corpus Christi, Texas 78401 ATTN: Regional Manager City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this Agreement, the City may give notice to Developer, at the address stated in subsection a of this section, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of performance to Developer. Developer shall pay to City the cost of performance within 30 days from the date Developer receives notice of the cost of performance. c. Notice required by the section must be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any breach after notice, the City may terminate this Agreement. d. The provision for notice and cure contained in this Agreement applies to a default under section 7 in this Agreement. 10. WARRANTY. Developer shall fully warranty the workmanship of and function of the 18 -inch sanitary sewer trunk line and the construction the sanitary sewer trunk line for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 11. REIMBURSEMENT. a. Subject to the provisions of subsection c. of this section, the City will reimburse the Developer 100% of the cost of the 18 -inch sanitary sewer trunk line, not to exceed $257,884.97. See Cost Estimate attached to this Agreement as Exhibit 3. Page 4 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement gr 7- 9.2008.doc b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 18 -inch sanitary sewer trunk line by the professional engineer hired by the Developer. c. Under a variance to the requirements of Section V.B.6.f)(1(ii), City of Corpus Christi Platting Ordinance, granted by the City's Planning Commission, the City will reimburse the Developer for any work commenced before the approval of an amendment to the City's Master Sanitary Sewer Plan (Wastewater Collection System Master Plan for the Allison W.W.T.P. Service Area), which extends the boundary of Master Plan Basin 26 in the Allison W.W.T.P. service area to include Turner Industries Tract, Block 1, Lot 1, and approximately 24.971 acres out of the Consolidated El Paso Irrigation and Manufacturing Company, State Survey 500, Abstract 582, Nueces County, Texas, owned by Turner Industries Group, LLC., and adjoining Turner Industries Tract, Block 1, Lot 1, if the master plan amendment is approved by the City Council. The City will not reimburse the developer for any expenses related to the construction of the 18 -in sanitary sewer trunk line if the amendment to the master plan is not formally adopted. 12. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 18 -inch sanitary sewer trunk line construction. 13. COVENANT RUNNING WITH THE LAND. This Agreement is a covenant running with the land, Turner Industries Tract, Block 1, Lot 1 in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. 14. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this agreement as Exhibit 4. 15. EFFECTIVE. This agreement becomes effective and is binding upon and inures to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. Page 5 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7- 9- 2008.doc EXECUTED IN DUPLICATE originals, this day of , 2008. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa George K. Noe City Secretary City Manager APPROVED: day of , 2008 By: R. Jay Reining First Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas Page 6 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7- 9- 2008.doc DEVELOPER: Turner Industries Group, LLC By: THE STATE OF TEXAS COUNTY OF NUECES John M. Golashesky Senior Vice President Regional Manager This instrument was acknowledged before me on , 2008, by John M. Golashesky, Senior Vice President, Regional Manager, Turner Industries Group, LLC, a Louisiana limited liability company, on behalf of the company. Notary Public, State of Texas Page 7 of 7 Turner Industries Trunk Line Reimb SS Trunk Line Constr and Reimb Agreement rjr 7- 9- 2008.doc Eng: Murray F. Hudson, P.E. Client: Turner Industries By: agr Engineer's Cost Estimate Public Infrastructure Improvements 18" Trunkline Turner Industries Tract, Block 1, Lot 1 Corpus Christi, Texas ITEM DESCRIPTION DUAN. UNIT UNIT TOTAL PRICE COST A. Sanitary Sewer Trunkline Improvements: 1 18" PVC SDR -26 (18' to 20' Cut) 659 LF $218.00 $143,662.00 2 6' Dia. Manhole (18' -20' Cut) 1 EA $10,575.00 $10,575.00 3 5' Dia. Drop Manhole (18' -20' Cut) 1 EA $9,750.00 $9,750.00 4 5' Dia. Manhole (18' -20' Cut) 1 EA $8,618.00 $8,618.00 5 16" Steel Bore Casing 150 LF $170.00 $25,500.00 6 Tie to Existing Manhole 1 EA $2,200.00 $2,200.00 7 Rehab Existing Manhole 1 EA $9,265.00 $9,265.00 SANITARY SEWER SUB-TOTAL: $209,570.00 CONTINGENCIES @ 10 %: $20,957.00 TOTAL CONSTRUCTION COST: $230,521.00 C. ENGINEERING AND ADMINISTRATION: 1 Engineering a 8% $18,442.16 2 Topographic Survey $2,000.00 3 Construction Survey @ 3% $6,915.81 TOTAL ADMINISTRATION: $27,357.97 GRAND TOTAL: $257,884.97 Urban Engineering 2725 Swantner Corpus Christi, 'IX 78404 1-361-854-3101 June 25, 2008 Job No. 40821.A7.00 Exhibit 3 1 of 1 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with °NA ". FIRM NAME STREET: CITY: ZIP: FIRM is: 1. Corporation 2. Partnership 3. Sole Owner 4. Association — 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership In the above named "firm". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an `ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: (Type or Print) Signature of Certifying Person: Date: Exhibit 4 Page 1 of 2 AN ORDINANCE APPROPRIATING $257,884.97 FROM THE NO. 4220 SANITARY SEWER TRUNK SYSTEM TRUST FUND TO REIMBURSE TURNER INDUSTRIES GROUP, LLC, FOR THE INSTALLATION OF 692 LINEAR FEET OF 18 -INCH PVC SANITARY SEWER TRUNK LINE FOR DEVELOPMENT OF TURNER INDUSTRIES, BLOCK 1, LOT 1, AS SPECIFIED IN THE SANITARY SEWER TRUNK LINE CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $257,884.97 is appropriated from the No. 4220 Sanitary Sewer Trunk System Trust Fund to reimburse Turner Industries Group, LLC, for the installation of 692 linear feet of 18 -inch PVC sanitary sewer trunk line for development of Turner Industries, Block 1, Lot 1, as specified in the Sanitary Sewer Trunk Line Construction and Reimbursement Agreement. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 15th of July, 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 7, 2008 By: elni First Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:LLEG -DIR\S haredUaylAgenda\ 2008\ 7- 15\ORD- Approp -Tu rnerI ndustries- SanitarySewerl.doc Page 2 of 2 Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:\ LEG -DI R \SharedUay\Agenda \2008\7- 15 \ORD- Approp- TurnerI nd uslries- SanflarySewerl.doc 10 Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 7,293- SQUARE FOOT PORTION (50' WIDE X 145' LONG) OF AN UNDEVELOPED AND UNSURFACED, DEDICATED PUBLIC RIGHT -OF -WAY (CHARLOTTE DRIVE) OUT OF TROPIC HEIGHTS UNIT 2, LOT 1, BLOCK 1, AND LOT 1, BLOCK 2, ADJACENT TO AND SOUTH OF THE MEDITERRANEAN DRIVE PUBLIC RIGHT -OF -WAY; SUBJECT TO OWNER'S COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Mr. Joseph Hasselmeier and Mr. Kirk Parker are requesting the abandonment and vacating of a 7,293- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced dedicated public right -of -way (Charlotte Drive) out of Tropic Heights Unit 2, Lot 1, Block 1, and Lot 1, Block 2, adjacent to and south of the Mediterranean Drive public right -of -way; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, July 8, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the public right -of -way, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That a 7,293- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Charlotte Drive) out of Tropic Heights Unit 2, Lot 1, Block 1, and Lot 1, Block 2, adjacent to and south of the Mediterranean Drive public right -of -way, as recorded in Volume 41, Page 22 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: 1. The City Code, Sec. 49 -12, waives payment of the fair market value when an abandoned street is unimproved, not used for any public street purpose, and acquired by an abutting property owner, as it is in this case. 2. Owner to pay for the construction and extension of sidewalk, curb and gutter, and necessary pavement repair required to complete the gap in the Mediterranean Drive street section across the Charlotte Drive right -of -way. H: \LEG -DI R \S h ared\JayWgenda\2008 \7 -8 \O RD- abandon- vaca4t0 W- CharlotteDrive -2 reading.d oc Page 2 of 3 3. All utility departments must be notified 48 hours prior to any construction or excavation within the City street right -of -way, by calling 1- 800 - DIG -TESS, due to possible utility conflicts. 4. AT &T has buried cable facilities across the public right -of -way and will require a 15' utility easement by separate instrument across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. 5. AEP has overhead electrical facilities across the public right -of -way and will require a 15' utility easement by separate instrument across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. 6. TimeWarner has overhead electrical facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. 7. A 15' utility easement is reserved across the rear portion of the right -of -way to match the existing 15' easement at the rear of the adjacent lots and will require a 15' utility easement by separate instrument across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. 8. City Water Department has an existing 6" waterline valve within the Charlotte Drive public right -of -way that will require dedication of a 15' utility easement by separate instrument or will have to have the existing 6" waterline removed and plugged at the tee ($1,259.00), at owner's expense, prior to abandoning and vacating that portion of the right -of -way. 9. Upon approval from Council and ordinance issued, all grants of street closure must be recorded in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to Building Permit approval of construction, an up -to -date survey, abstracted for all easements and items of record, must be submitted to the Director of Development Services. 10. Owner must comply with all the specified conditions of the ordinance within 180 days of Council approval. H:\ LEG- DIR \SharedUay∎Agenda\2008 \7- 8 \ORD- abandon- vaggt5 W- CharlotteDrive- 2reading.doc Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the 'Skit day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez i Larry Elizondo, Sr. Nelda Martinez A J Mike Hummel) tl bSL61f Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, 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 PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: June 30, 2008 By: R. Ja ing Firs As stant " y Attorney For City Attorney Henry Garrett Mayor H:\ LEG- DIR \SharedUayWgenda12008 \7- 8 \ORD- abandon -vaee5 GW- CharlotteDrive- 2reading.doc ed 3 CO J 0 rz Yorktown O '0 Vega i 9'o 5l2I Pleiades l o 0 Poiarss o. is O c,,40 reS cl r a„ Li) Orion I °1 °I `J Lot � ••,. CO 1" V. 0, y-e Mediterranean Riven . LUurtia O Site Rive a Buena Vista a of C d m Y ,_0s Pa!mas Clearview E Seaside 0 U O 5J o N CO 0 a CI Q w G1 Yorktown LOCATION MAP N.T.S. Mediterranean Drive (60' R.O.W.) 25' B.L ` 715' U.E. 60 40 20 to S61100'001'E � 0'i 4 0 M ©'90'00'00' R =10.00' T =10.00' L =15.71' Point of Beginning', PIELDNOTES for the closing of a portion of Charlotte Drive, a 50 foot wide public roadway, as shown by the recorded plat of Tropic Heights Unit 2, a map of which is recorded in Volume 41, Page 22, Mop Records of Nueces County, Texos. 1' 70.00' _ . - 529'00'00'W 10.00' b Rood Closure 7,292.92 Sq.Ft. 0„ CU o O8 T- o L 0 9 8 0 to n g O1 t N61100'00'W 50.00' Lot 4, Section 52 Flour Bluff and Encino) Form and Gorden Tract, Vol. A, Pages 41 -43, M.R.N,C.T. U R B A N 10 : "°-40 200' ENGINEERING JOB N0: 41403.00.00 2725 SWAVINnt mans owl trAs MIN SHEET: 1 OF 2 t.AR,MN-nO! tar 050154 -ean / DRAWN BY: DL 02007 by Urban Engineering CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: July 8, 2008 Public hearing and first reading ordinance to consider abandoning and vacating a 7,293- square foot portion (50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public right -of -way (Charlotte Drive) out of Tropic Heights Unit 2, Block 1, Lot 1, and Block 2, Lot 1, adjacent to and south of the Mediterranean Drive public right -of -way; subject to owner's compliance with the specified conditions. ISSUE: Mr. Joseph Hasselmeier and Mr. Kirk Parker adjoining property owners, are requesting the abandonment and vacation of the undeveloped and unsurfaced, dedicated public right -of -way (Charlotte Drive), to avoid the continuous use of this portion of public right -of -way that lies between their two properties, as a dumping area for trash and large debris. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9, requires Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the abandonment and vacating of any street rights -of -way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Exhibit B - Exhibit C - Exhibit D Background Information Ordinance Site Location Map — FMV Fees -53- Bob Nix, AICP ACM of Development Services AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Mr. Joseph Hasselmeier, owner of Tropic Heights Unit 2, Block 2, Lot 1, and Mr. Kirk Parker, owner of Tropic Heights Unit 2, Block 1, Lot 1, are requesting the abandonment and vacation of a 7,293 - square foot portion (approximately 50' wide x 145' long) of an undeveloped and unsurfaced, dedicated public street right -of -way (Charlotte Drive). The dedicated public ROW is located adjacent to and south of the Mediterranean Drive public right -of -way, between the properties owned by Mr. Hasselmeier and Mr. Parker, and adjacent to and north of the Audubon Outdoor Club wild life sanctuary. The said portion of right -of -way is proposed to be abandoned and vacated to eliminate unauthorized use of this portion of public right -of -way between Lot 1, Block 2 and Lot 1, Block 1 in the Tropic Heights Unit 2 subdivision. The City Code of Ordinances, Section 49 -12, Petition to council to establish or close streets, etc., paragraph (a), states that "unless all such owners of abutting property join in the request, a statement shall be attached to the request showing the reason for non participation of those who have not signed the request ". The interpretation of this language has been questioned during previous discussions of this item. The American Heritage Dictionary, 1978 edition, defines the term "abut" as "to touch at one end or side of something; lie adjacent to ", or "to border upon; be next to ". Based on this definition, the "abutting property owners" for this street closure are Mr. Joseph Hasselmeier, Mr. Kirk Parker, and the Audubon Outdoor Club. Based on a consultation with our Legal Council, we obtained statements from adjacent property owners by telephone. Staff met with representatives of the Audubon Outdoor Club on April 17, 2008, and determined that this right -of -way is not used by them to access the sanctuary area. Audubon representatives indicated that their non participation in the right -of -way closure request was based on their not using the subject right -of -way section, their not being involved with maintenance of this property, and that closure of this section of Charlotte Drive would be neither a significant benefit or significant detriment to the operation of the adjoining Audubon Outdoor Club wildlife sanctuary. As a courtesy, staff also directly contacted Ms. Virginia Hatley and Mr. Robert Allen Clarke, who own the properties immediately across Mediterranean Drive from the proposed street closure (438 Mediterranean and 3434 Charlotte Drive, respectively). Ms. Hatley was contacted on June 19, 2008, and Mr. Clarke contacted on June 20, 2008. Both of these property owners responded that they had no objections to the proposed street closure, nor any interest in the resulting property, and that Mr. Hasselmeier and Mr. Parker had always maintained the vacant right -of -way well. The extension of sidewalk, curb and gutter, and necessary pavement repair by the adjoining property owners will be required to eliminate the gap in the Mediterranean Drive street section EXHIBIT A —54— across the Charlotte Drive right -of -way. The estimated cost for this work is $937.50. (see attach Exhibit D) The City's Code of Ordinances, Section 49 -12 (c) (4) waives payment of fair market value of the right -of -way to be abandoned when the street is unimproved, and not used for any public street purpose. This section of the Code also defines "public street purpose" to include, but not be limited to, "curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and any other public utility installations." All public and franchised utilities were contacted regarding this closure request. The City Water Department has a "dead end" segment of inactive 6" waterline which extends approximately 17 feet into the Charlotte Drive public right -of -way. This line segment and an associated valve within the Mediterranean Drive right -of -way will have to be removed at the adjoining property owners' expense, prior to abandoning and vacating that portion of the right -of -way. The City Water Department has quoted a price of $1,259.00 to cover the cost of this work. AT &T has buried cable facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. AEP has overhead electrical facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. TimeWarner has overhead communication facilities across the public right -of -way and will require a 15' utility easement across the rear portion of the street right -of -way to match the existing 15' easement at the rear of the adjacent lots. The estimated fair market value of this easement dedication is $243.75. All utility departments must be notified 48 hours prior to any construction or excavation within the City street right -of -way, by calling 1- 800 - DIG -TESS, due to possible utility conflicts. Fair market value of the proposed street closure is $4,740.00. The total amount that the abutting property owners are responsible for is $2,299.75, which includes the cost of curb, gutter, and sidewalk extension in the Mediterranean Drive right -of -way across the Charlotte Drive street; the cost of removing the section of dead end water main within the Charlotte Drive and Mediterranean Drive right of ways, and the calculated fair market value of the proposed 15 foot wide utility easement. In accordance with the Code of Ordinances, Section 49- 12(c), which states, "The application of any exemptions or the evaluation of any credits provided herein shall be made in the reasonable discretion of the city exercised in good faith ", staff recommends that payment of the fair market value be waived because the street proposed for closure is not paved and will not be used for any public street purpose, other than the overhead franchised utilities which cross the subject right of way at its southernmost end. The requirements of the overhead franchised utilities will be addressed by the adjoining property owners' dedication of a public utility easement 15 feet in width along the southerly boundary of this right -of -way, as a condition of the granting of the abandonment. The owner has been advised of and concurs with the conditions of the street closure and right -of- way abandonment, as included in Exhibit B, attached. EXHIBIT A -55- ',Ram field: 0 CID L. O • , tl Yorktown Berry] c 0 a a c F- 0 n O 0 0 0) 0 I' i 1 Vega w 2 Pleiades 0 o Poloris - O Antares O .c U ()Orion O CO L 0 0 E a Mediterranean Site R ver ale Courtla c a) m Yorktown LOCATION MAP N.T.S. Mediterranean Drive (60' R.O.W.) 25' ELL 60 40 20 0 40 81 561'00'001'E 70.00' — s29roo'oo•w 10.00' dj 6 1' `15' U.E7 ©A=90'00'00' 8=10.00' T=10.00' L= 15.71' EXHIBIT C Map to Accompany FIELDNOTES for the closing of a portion of Charlotte Drive, a 50 foot wide public roadway, as shown by the recorded plat of Tropic Heights Unit 2, a mop of which is recorded in Volume 41, Page 22, Map Records of Nueces County, Texas. W O P N Z h N61'00'00'W Point of Beginning 50.00' Rood Closure 7,292.92 Sq.Ft. t 0 g al 0 N a~ O Ncgc D • 3 O O+NU m ®,d1w -oa - - 0 m 2 t Z -I 'a Oaai I- 912 0 O ce 25' B.L. al 0 e1 N aF. O N O ONU cf, DI N = a 0 0 0 t Z OOai 0 0 • re 15' U.E.7 Lot 4, Section 52 Flour Bluff and Encino) Farts and Garden Tract, Vol. A, Pages 41 -43, M.R.N.C.T. DATE: NOV. 30, 2007 SCALE: 1'-40' JOB NO.: 41403.00.00 ,,,,, SHEET: 1 OF 2 DRAWN BY: DL URBAN ENGINEERING 2725 SWIM COVUS a1Blsn iws (X7,85/ -Jlm For (X0155 -6x! 09007 by Ilrhnn Fnnineerinn Ve•o o v °; Pleiades o 0 o Polaris g c Antares O L v v Orion Ram field R ver ale Courtla d Riviedo Buena Vista u Los Pa as Cleorview o q) Seas de Yorktown 1 Yorktown LOCATION MAP N.T.S. 80 Mediterranean Drive (60' R.O.W.) c 0 o c uIn c 3091:1 v ae rii � 8,3. z > • >v `0 cc 25' B.L an 0 N a[` O• Eam" al ▪ CD YEN 0 Vi=a 0 co 0 0 z 0 O of 1—` >v 0 Q' 15' U.E. 50.00' .•:•J 15' Utility Easement 750.00 Sq. F1. s— L N61'00'001'W Point of Beginning 50.00' EXHIBIT C Map to Accompany FIELDNOTES for a 15.00 foot wide utility easement out of a portion of Charlotte Drive, o 50 foot wide public roadway, as shown by the recorded plot of Tropic Heights Unit 2, a map of which is recorded in Volume 41, Page 22, Map Records of Nueces County, Texas. co 0 p 25L B.L X N C� c D " 3 O « N U -= d J 2tZ a• 0 0 CC al O 4, C4 al- 0 N CX c O 0 N U mcs,a0 ch N= - 3 O t Z a. 050) >v 0 0 m Q' ` 15' U.E7 UNE BEARING DISTANCE L1 N29'00'00'E 15.00' L2 529'00'oo' w 15.00' URBAN ENGINEERING same taus CMISA lcxas 18404 — (310851-3101 Pat 6151 RSh6W1 Lot 4, Section 52 Flour Bluff and Encino) Farm and Garden Tract, Vol. A. Pages 41 -41 M.R.N.C.T. DATE: NOV. 30, 2007 SCALE: 1.40' JOB NO.: 41403.00.00 SHEET: 1 OF 1 DRAWN BY: DI- 02007 by Urban Engineering Audubon Outdoors Wildlife Sanctuary 450 Feet Proposed Public Right of Way Closure Right of Way 8 450' Buffer 1:1512008 Prepared By. M88 Department of Development Serves GO CHARLOTTE DRIVE fUndeveloped and Unsurfacedl (FMV FEES) 437 Mediterranean Drive (Joseph Hasselmeier) .2662 acres x 43.560 = 11,595.672 = 11596 square feet (rounded) $13,686 land improvements /11,596 square feet (sf) = $1.18 per square feet (psf) + 10% = $1.30 psf $1.30 psf x 3,646.46 sf (7,292.92 sf /2) x 50% discount for UE rights = $2,370.00 FMV Fee = $2,370.00 501 Mediterranean Drive (Kirk Parker) .2995 acres x 43.560 = 13,046.22 = 13,046 square feet (rounded) $15,397/13,046 square feet (sf) = $1.18 per square feet (psf) + 10% = $1.30 psf $1.30 psf x 3,646.46 sf (7,292.92 sf /2) x 50% discount for UE rights = $2,370.00 FMV Fee = $2,370.00 $2.370.00 (437 Mediterranean Drivel + $2,370.00 (501 Mediterranean Drivel = $4,740.00 combined Total Fair Market Value Fee = $4,740.00 Utility Easement (UE) Value For the UE to be retained, deduct $243.75 from the total. This UE is valued at 750 sf (retained UE) x $1.30 per square feet x 25% discount = $243.75. We will retain the subsurface use, but they will have the surface use The subsurface accounts for 25% of the total easement value. $4,740.00 (FMV Fee) - $243.75 (Esmt. Dedication) = $4,496.25 = $4.496.00 (rounded) Total Fair Market Value Fee Minus UE Dedication = $4,496.00 OWNER'S EXPENSE (Curb & Gutter and Sidewalk Extension & Removal of City Water Line) The City Water Department has an existing 6" waterline valve within the Charlotte Drive public right -of -way that will have to be removed and plugged at the tee ($1,259.00), at owner's expense. 4' wide x 50' long concrete sidewalk = 200 square feet x $4.11 per square feet = $822.00 $18.75 per linear feet x 50' long curb & gutter = $937.50 $ 243.75 15' Uitlity Easement Dedication $ 937.50 Concrete Curb & Gutter & 4' Sidewalk Construction $1.259.00 Water Line Removal Cost $2,440.25 Total Owner's Expense $4,740.00 (FMV Fee) - $2,440.25 (Owner's Expense) = $2,299.75 Remaining Market Value EXHIBIT D -59- 11 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: July 15, 2008) Case No. 0608 -02, Eloy Salazar and Ricardo Martinez: A change of zoning from a "F -R" Farm -Rural District on Tract 1 to an "I -2" Light Industrial District resulting in a change of land use from agricultural to light industrial use and a change of zoning from "F -R" Farm -Rural District on Tract 2 to `B -4" General Business District resulting in a change of land use from agricultural use to commercial use on property described as being 8.012 acres (Tract 1) out of Lots 25 & 26, Section 21, Flour Bluff Encinal Farm and Garden Tracts, located south of Rodd Village and west of the future extension of Rodd Field Road and 18.092 acres (Tract 2) out of Lots 8 & 9, Section 22, Flour Bluff Encinal Farm and Garden Tracts, located south of Rodd Village and west of the future extension of Rodd Field Road. Planning Commission & Staff's Recommendation (June 11, 2008): Approval of the "I -2" Light Industrial District on Tract 1 and approval of the `B -4" General Business District on Tract 2. Requested Council Action: Approval of the "I -2" Light Industrial District on Tract 1 and approval of the "B -4" General Business District on Tract 2. Staff's Summary: • Request: The applicant is requesting a change of zoning on Tract 1 (8.012 acres) from "F -R" Farm -Rural to "I -2" Light Industrial District to develop the property with industrial uses. The district does not require setbacks when adjacent to other commercial or industrial zones. The "I -2" District does not permit residential uses. The applicant is requesting a change of zoning on Tract 2 (18.092 acres) from "F -R" Farm -Rural to "B -4" General Business District to develop the property with commercial uses. The `B -4" District does permit residential uses. The district does not require setbacks when adjacent to other commercial or industrial zones. • Utilities: The subject properties do not have water and wastewater service; however, during the platting process these services will be required to be provided to the properties. The nearest water main is located along Yorktown Boulevard near the intersection of Rodd Field Road. A properly sized water connection will be required from this main to the subject property during the platting process. The nearest wastewater lift station is proposed to be located 300 feet north of the subject property on the east end of Schnauzer Street and is to serve the Rodd Village Industrial Park and the subject property. This proposed lift station is being paid with monies primarily generated from the Rodd Field Public Improvement District. The lift station is under construction and will be completed by the end of 2008. • Drainage: Stormwater drainage improvements are not currently available from the subject property. Both the adopted and proposed stormwater master plan call for the drainage outfall to be provided along the future extension of Rodd Field Road south into Oso Creek. These improvements will be required when the property is platted. There are no City bond funds available for this project. • Transportation/Traffic Impact Study: The subject property is located south of Yorktown Road and west of the future extension of Rodd Field Road. The property is only accessible via Safety Steel Street and Dalmation Street, both local streets located to the west of Tract 1. The future extension of Rodd Field Road is designated as a primary arterial in the Urban Transportation Plan. The Transportation Plan calls for the future roadway of both Yorktown Boulevard and Rodd Field -63- Agenda Memorandum Case No. 0608 -02 (Eloy Salazar and Ricardo Martinez) Page 2 Road to be ultimately improved with six travel lanes and 16 foot wide medians; much like Saratoga Boulevard exists between South Staples Street and the Crosstown Expressway. However, there is no funding available for either one of these future City capital improvement projects. The widening of Yorktown Boulevard between South Staples Street to Rodd Field Road is being considered for inclusion on the City's 2008 CIP Bond Program. However, Rodd Field Road south of Saratoga Boulevard is not being considered for inclusion in the Bond Program, and due to lack of demand may be decades before it is improved. • Infrastructure Demand: In comparison, if the subject property were developed as light industrial uses, the impact to the infrastructure system would be minimal. • Water and Wastewater: Based on a study prepared by Broward County, Florida (Source: Broward County, Florida Water and Wastewater Engineering Division, "Guidelines for Determining Ability to Provide Potable Water and Sanitary Sewer Service," January 18, 2007), the demand on water for a light industrial development is 154 gpd/unit for 1,000 sf of gross building area. The demand on wastewater for a commercial development is 138 gpd/unit for 1,000 sf of gross building. The city has recently acquired property and built a sanitary sewer lift station to handle waste water demands in the area. • Public Safety: Police: At the time of the 1980 annexation of a large geographic area of the Southside which included this area, analysis indicated that a minimum of 5 additional police officers would be needed for a 24 -hour period. At this time, the 5 additional police officers have not been funded. Continued growth in this area makes further demands on the existing police force as well as traffic enforcement issues. Fire: A new Fire Station is proposed to be located on Yorktown Boulevard and at the easternmost portion of Bill Whitt Park, less than 1/2 mile from the subject property. Construction of the fire station is expected to be complete within 12 months. • Potential Nuisances: There are several potential nuisances of noise, lighting, pest/vector control, and litter with the development of an industrial park adjacent to existing and future low density residential. Noise will be generated from the unloading and loading of trucks, trash compactors, and mechanical equipment. These nuisances may be mitigated through the use of a sound barrier wall. Security lighting for the parking area and loading/unloading zones is another potential nuisance when lighting is directed toward adjacent properties. Limiting the height of light poles in the parking area and loading/unloading zones and requiring cutoff shields will prevent light encroaching into adjacent properties. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as light industrial development on Tract 1 and commercial development on Tract 2. The subject property is located in the Southside Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning). Approval of the rezoning will not amend the Comprehensive Plan. Several policy statements are available in the Southside Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the comprehensive plan: -64- Agenda Memorandum Case No. 0608 -02 (Eloy Salazar and Ricardo Martinez) Page 3 Comprehensive Plan - Policy Statements • Land Use Policy a.: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted Area Development Plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. Staff Comment: The Southside Area Development Plan supports industrial and commercial uses for the subject properties. A change to light industrial use on Tract 1 and commercial use on Tract 2 would be consistent with the Comprehensive Plan. Notification: Of the twenty (20) notices mailed to the surrounding property owners ten (10) notices were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, AICP Assistant City Manager of Development Services FGM/bIp Attachments: 1) Zoning Report 2) Planning Commission Minutes (June 11, 2008) 3) Ordinance PIM/Protect Manager SrCP /CP Planning Director H:\PLN- DIR\SHARED\Beverly\2008 CCUun108 \0608- 02AGENDAMEMO.doc -65- CITY COUNCIL ZONING REPORT Case No.: 0608 -02 Planning Commission Hearing Date: July 15, 2008 Applicant & Legal Description Applicant: Eloy Salazar and Ricardo Martinez Owner: Eloy Salazar and Ricardo Martinez Representative: Michael N. Gunning, AICP Address; NA Legal Description/Location: Being 8.012 acres (Tract I) out of Flour Bluff Encinal Farm and Garden Tracts, Section 21, Lots 25 and 26 and being 18.092 acres (Tract 2) out of Flour Bluff Encinal Farm and Garden Tracts, Section 22, Lots 8 and 9, located south of Rodd Village and west of the future extension of Rodd Field Road Zoning Request From: Tracts 1 & 2: "F -R" Farm -Rural District To: Tract 1: "I -2" Light Industrial District Tract 2: `B -4" General Business District Area: Tract 1: 8.012 acres Tract 2: 18.092 acres Purpose of Request: To permit light industrial uses on Tract 1 and commercial uses on Tract 2 Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site Tracts 1 & 2: "F -R" Farm- Rural Vacant Tract 1: Industrial Tract 2: Commercial North I -2" Light Industrial District and "FR" Farm Rural Vacant Light Industrial South "F -R" Farm Rural Vacant & Public Park Commercial & Public Park East "F -R" Farm Rural Vacant Low - density Residential West "F -R" Farm -Rural Park Park ADP, Map & Violations Area Development Plan: Southside: The Comprehensive Plan supports light industrial zoning on Tract 1 and commercial uses on Tract 2. These changes are consistent with the Comprehensive Plan. Map # 043029 Zoning Violations: None -66- Zoning Report Case No. 0608 -02 (Salazar and Martinez) Page 2 Staffs Summary: • Request: The applicant is requesting a change of zoning on Tract 1 (8.012 acres) from "F -R" Farm -Rural to "I -2" Light Industrial District to develop the property with industrial uses. The district does not require setbacks when adjacent to other commercial or industrial zones. The "I -2" District does not permit residential uses. • The applicant is requesting a change of zoning on Tract 2 (18.092 acres) from "F -R" Farm -Rural to "B-4" General Business District to develop the property with commercial uses. The `B -4" District does permit residential uses. The district does not require setbacks when adjacent to other commercial or industrial zones. • Utilities: The subject properties do not have water and wastewater service; however, during the platting process these services will be required to be provided to the properties. The nearest water main is located along Yorktown Boulevard near the intersection of Rodd Field Road. A properly sized water connection will be required from this main to the subject property during the platting process. The nearest wastewater lift station is proposed to be located 300 feet north of the subject property on the east end of Schnauzer Street and is to serve the Rodd Village Industrial Park and the subject property. This proposed lift station is being paid with monies primarily generated from the Rodd Field Public Improvement District. The lift station is under construction and will be completed by the end of 2008. • Drainage: Stormwater drainage improvements are not currently available from the subject property. Both the adopted and proposed stormwater master plan call for the drainage outfall to be provided along the future extension of Rodd Field Road south into Oso Creek. These improvements will be required when the property is platted. There are no City bond funds available for this project. • Transportation/Traffic Impact Study: The subject property is located south of Yorktown Road and west of the future extension of Rodd Field Road. The property is only accessible via Safety Steel Street and Dalmation Street, both local streets located to the west of Tract 1. The future extension of Rodd Field Road is designated as a primary arterial in the Urban Transportation Plan. The Transportation Plan calls for the future roadway of both Yorktown Boulevard and Rodd Field Road to be ultimately improved with six travel lanes and 16 foot wide medians; much like Saratoga Boulevard exists between South Staples Street and the Crosstown Expressway. However, there is no funding available for either one of these future City capital improvement projects. The widening of Yorktown Boulevard between South Staples Street to Rodd Field Road is being considered for inclusion on the City's 2008 CIP Bond Program. However, Rodd Field Road south of Saratoga Boulevard is not being considered for inclusion in the Bond Program, and due to lack of demand may be decades before it is improved. • Infrastructure Demand: In comparison, if the subject property were developed as light industrial uses, the impact to the infrastructure system would be minimal. o Water and Wastewater: Based on a study prepared by Broward County, Florida (Source: Broward County, Florida Water and Wastewater Engineering Division, "Guidelines for Determining Ability to Provide Potable Water and Sanitary Sewer Service," January 18, 2007), the demand on water for a light industrial development is 154 gpd/unit for 1,000 sf of gross building area. The demand on wastewater for a commercial development is 138 -67- Zoning Report Case No. 0608 -02 (Salazar and Martinez) Page 3 gpd/unit for 1,000 sf of gross building. The city has recently acquired property and built a sanitary sewer lift station to handle waste water demands in the area. • Public Safety: o Police: At the time of the 1980 annexation of a large geographic area of the Southside which included this area, analysis indicated that a minimum of 5 additional police officers would be needed for a 24 -hour period. At this time, the 5 additional police officers have not been funded. Continued growth in this area makes further demands on the existing police force as well as traffic enforcement issues. o Fire: A new Fire Station is proposed to be located on Yorktown Boulevard and at the easternmost portion of Bill Whitt Park, less than '/z mile from the subject property. Construction of the fire station is expected to be complete within 12 months. • Potential Nuisances: There are several potential nuisances of noise, lighting, pest/vector control, and litter with the development of an industrial park adjacent to existing and future low density residential. Noise will be generated from the unloading and loading of trucks, trash compactors, and mechanical equipment. These nuisances may be mitigated through the use of a sound barrier wall. Security lighting for the parking area and loading/unloading zones is another potential nuisance when lighting is directed toward adjacent properties. Limiting the height of light poles in the parking area and loading/unloading zones and requiring cutoff shields will prevent light encroaching into adjacent properties. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as light industrial development on Tract 1 and commercial development on Tract 2. The subject property is located in the Southside Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning). Approval of the rezoning will not amend the Comprehensive Plan. Several policy statements are available in the Southside Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the comprehensive plan: Comprehensive Plan - Policy Statements • Land Use Policy a.: ZONING IN AN AREA SHOULD BE CONSISTENT WITH THE ADOPTED AREA DEVELOPMENT PLANS. The City Council adopted Area Development Plans shall be used as a guideline for zone changes and subdivision development decisions. In addition, the area development plans will provide a legal foundation upon which the City Council and the Planning Commission should base their land development decisions. However, area development plans should be flexible and are subject to revisions if conditions have changed since approval of an area development plan and/or if the proposed changes are consistent with the adopted Comprehensive Policy Statements. -68- Zoning Report Case No. 0608 -02 (Salazar and Martinez) Page 4 Staff Comment: The Southside Area Development Plan supports industrial and commercial uses for the subject properties. A change to light industrial use on Tract 1 and commercial use on Tract 2 would be consistent with the Comprehensive Plan. Street R.O.W. Street Existing Type Planned Type Planned Paved Section *Volume (2007) Yorktown Blvd. Rural roadway Primary Arterial - A3 130' ROW 80' Pavement 7,130 a.d.t. Rodd Field Road future extension Arterial — unimproved Primary Arterial - A3 130' ROW 80' Pavement NA *Source: City Traffic Engineering Division Plat Status: The subject property is not platted. Department Comments: The City of Corpus Christi annexed this area of land that was originally designed to meet its own infrastructure demands as a military installation built in the early 1940's. As that area grew, it transitioned into an industrial area with many of the uses classified as legal non - conforming when the area was annexed in the early 1980's. The creation of the Rodd Field Public Improvement District (located to the north of the subject property) in 1989 gave the City and the property owners an opportunity to bring substandard infrastructure and development into compliance with recent codes. In order to accomplish this, a majority of property owners agreed to an assessment of improvement costs to their property. The boundary line to the original district was amended by Council action in 2004 to allow for a lift station and road improvement to better serve the surrounding area. Staff Recommendation: Approval of the "1 -2" Light Industrial District on Tract 1 and approval of `B -4" General Business District on Tract 2. Planning Commission Recommendation: Approval of the "I -2" Light Industrial District on Tract 1 and approval of `B-4" General Business District on Tract 2. E 8 o Number of Notices Mailed — 13 within 200 foot notification area; 7 outside notification area Favor — 10 (inside notification area); 0 (outside notification area) *Opposition — 0 (inside notification area); 0 (Outside notification area) (As of June 26, 2008) —69— Zoning Report Case No. 0608 -02 (Salazar and Martinez) Page 5 Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Site — Subject Case Map 6. Site - Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning H:\PLN- DIR\SHARED\Beverly\2008 PC\2008 Zoning Report\June \CC\0608 -02.doc _70_ 6'22'2008 Praia gay:SRR mnenr of DeveloAllff Of Services CASE # 0608 -02 1. NEIGHBORHOOD - 2006 AERIAL Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.Dom orAtaivit- &'?3'2009 %s ' day :SRR Depanmenr of Demo Gp - e!! ' entices CASE # 0608 -02 1. NEIGHBORHOOD - 2006 AERIAL Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com &23/2008 Prepared Ely: SFR -Department of Developmem SONICes CASE # 0608 -02 2. NEIGHBORHOOD - EXISTING LAND USE E/2 LAR Estate Residential. • ER Low Density Residential. • LDR Med Density Residential. • MDR - High Density Residential. - HDR - Mobile Home - MU Vacant • VAC Professional Office - PO - Commercial • COM Light Industrial - LL al Heavy Industrial - HI Public Semi - Public • PSP PO m Fm3r.a. SUBJECT PROPERTY N sd a ✓"��:t- .�T�a°Qe -goo (LOCATION MAPI oso- E s City of Corpus Christi 5,23/2008 Prepared 6y: SRR Deepanminr ol_Qevelopmtnr Services CASE # 0608 -02 2. NEIGHBORHOOD - EXISTING LAND USE m Estate Residential. - ER LDR Low Density Residential. • LDR IW Med Density Residential. - MDR - High Density Residential. • HDR - Mobile Home - MH Vacant - VAC PO Professional Office - PO - Commercial - COM Q Light Industrial - LI DE Heavy Industrial -H1 ® Public Semi - Public - PSP SUBJECT PROPERTY N -41-:( TEC / L , 17 iS' WATER 400 800 et 513'2008 Prepared By: SRR Depan'menr e/ Developmenr Services CASE # 0608 -02 3. NEIGHBORHOOD - FUTURE LAND USE m m Paa Agricultural /Rural - AR - Tourist - TOR Estate Residential • ER El Research/Business Park • RBP Low Density Res. - LDR 0 Light Industrial - LI Med Density Res. - MDR CB Heavy Industrial • HI In High Density Res. • HDR ® Public Semi•Public • PSP Mobile Horne - MH Q Park Vacant - VAC DC Drainage Corridor • DC Professional Office - PO 1 DP ] Dredge Placement - DP - Commercial • COM n Water Conservation/Preservation • CP Transportation Plan Exisnng Proposed Arterials - - -- ^°°^° Collectors ae =- Expressways Parkway 4-1-1-t÷ Railroad m ii ,&1244, SUBJECT PROPERTY *1 (LOCATION MAP( City of Corpus Christi c LI 523200A Prepared By: SRR Department of Development Services 3. NEIGHBORHOOD -0608-02 U ELND USE n m Agricultural/Rural • AR _ Tourist - TOR Estate Residential • ER MN Research/Business Park • REP Low Density Res. • LDR EI Light Industrial - LI Med Density Res. • MDR NEN Heavy Industrial • HI - High Density Res. • HDR ® Public Seml -Public - PSP Mobile Home • MH Q Park Vacant - VAC -DC Drainage Corridor - DC Professional Office - PO ,DPI Dredge Placement • DP Commercial • COM E i Water Conservation/Preservation • CP Transportation Plan Exi =ring Proposed Arterials - - - -• Collectors - - Expressways zap.= Parkway +rl-fr Railroad P2 Rat • SUBJECT PROPERTY LOCATION MAP Er a Cary of Corpus Christi LOCATION MAPI CASE # 0608 -02 4. SITE- 2006 AERIAL EziSubject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at vnvw.cctexas. com l^ PM2• y -- • SUBJECT PROPERTY H City of Corpus Christi NDS ESTATES re .1 5 �t�' Q � 11 r 9 e VILLA 0 I����1 ®(16� .. 1 ■ 0 250 500 Feet CASE # 0608 -02 5. SUBJECT CASE ♦ -I Appamnmt House District A. it Apartment House Dislll<t A -r Al.anment Hasse DiAlitl AB Professional Once DPnct aT Apartment - Tourist Dlstltrl BI neighborhood Sunless DieMet B -14 1letgsbabood Business Castel B _` Bay &mt Business DsMLI 8-3 Bamer Island Business Dimict 8-3 ensiles' District B i General Business District B -i Primary Business Dshict Bo Primary &useless Cote District BD Corpus Christi Beech Oesigl Dist F -R Farm Rural District HC Historical-Cultural lalnknar* Preser.v*pn 1 -1 umRM Industrial District Licit Industrial Diseict I3 Healy Industrial District PUO Planned NM Development R1A One Fanny Dinging District 12-1/3 One Family Dwelling District R-10 One Family Dwelling District 5-2 Multiple Dwelling Dsblp RA One Family Dwal in9 District RE Residential Estate District. R -TH Toenhouse Dwelling Distcl SP Bpaual Pam* T -1 A trait Trailer Path District T -I8 Manufactured Home Pate Diseici T -IC Manufactured Hone 31E &-isiOn District oc • 1. I Far INa -4—^ • SUBJECT) PROPERTY LOCATION MAP 523'2108 Prepared By: SRR Depanment of Development Services a -SA �RrO a 4 11224 o oust C c ,hr : pWh \M/ City of Cotrus Christi 0 250 500 •Feet 522/2008 Prepared By: SRR Depammenr of Developnlenr Services CASE # 0608 -02 6. SITE - EXISTING ZONING NOTICE AREA & OWNERSHIP A-1 Apartment House District a-IA Apartment House District A-2 Apartment House District AB Professional Office District AT Apartment -Touut Dismct 13-1 NealbaIxd Business District 8-14 Ileglbahaod Business District 8-2 Baykonl Business District B-2A Barrier Island Business Diana B-3 Business Dania Bi General Business District 8-5 Pimento Business District 8c Primar; BusIess Core District BD Corpus Christi Beach Design Dist. F -R Farm Rural District HC Historical - Cultural Landmark Presermnial United MAllslnal Dislnct 2 Light Mustiest Diana Heat Industrial District PUG Planned Una Develcpment R -IA One Famiy Nolen District R -IB One Family UeeePg Diznkl R -1C One Family Dealig DiSMa R -? Multiple [Melting Disbict RA One Family Dealing DisWct RE Residential Estate District R -TH Tae nhause Dwelling District SP Special Pennil TaA Travel Trailer Palk Nadel T -I8 Manulattued Home Park Dishicl T -IC !Madsen/red Home SubdnisiOn District Subject Prope,+y Oymexs :rah 200' buffer 'n faun 4 Owners within 200' limed on V Owners attached osvnorship table n .n opposition SUBJECT PROPERTY 07 COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0608 -02 Name: Eloy Salazar and Ricardo Martinez Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 20 0 I. Notices returned from within the 200 -foot notification area: Favor: 10 2,8,6,7,8,9,10,11,12, &13 Opposition: 0 II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED\Beverly\2007 PCIPUBLIC COMMENTS\Blank Public Comments.doc —89— - ;m0 m5N0 �0 •• • and •mm u N a S'�ig.i�uvwu 0 Tu i 0 11111 1111111 o800s TMVM 2 v7rg AMMAM mFms m 00 om oogooOoN .2- 2A A 0 00000000000000000 pp oP aa-- 0 -aaoMP 1s - - aoaaao _me-- o:aNs m�sQ� —90— m P m 0 N x • 00000000 00 Vyx AAPAAAAA AA { CCCCCCCCCC 0000000000 NN 000000 000 00 xx22x xxx xx P AAAPPPPP _IYy yy m ffeP &��$�f4p0pJJ v assaawaaeuEa� xxxxxxxxxxpmxmg 00000000080 5 0000000occ Ej 000000000mm, A5$ 0(0(0(0 «GGG 5OOOOOSSacccc (00000000011x49 m-1 mmmy mm 00-I 0m „m 66666665166”51 Z22Z««<tt zzzzzzxzzExmm zzzzzzzzzc000 yyyyyyyyy zzzz my9y9 NmmmmmaJ Nmgngg FrfrrrFx rT.yyyy - mmmmmmmm m HOZ� oC0 00-=1(0 NN -N Z OyVy N0N yyam -COA g-,T Nv E8SV P0m004•400 00 q00 -0+ 85 88S:105UVm0000P0 N ate xxxxxxxxxxxxx5 N $x 00000O8&0001w a p O G22 NNNNNNNN2 2 x • •••00••Vam:00 0 - 19 - ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS Section 4A -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "F -R" Faint -Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property; B. To assist in the control of scattered commercial and industrial uses of the land. Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single - family dwellings, other than manufactured homes, for residences of owners and tenants, other members of their families, and their employees. (Ordinance 22851, 02/18/97) ( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) (3) Field and truck crops. ( 4) Orchards and vineyards. ( 5) Greenhouses and nurseries. ( 6) Brush land and pasture land. ( 7) Livestock ranches, except swine, and guest ranches. ( 8) Sale and storage of hay and straw. ( 9) Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi- public uses. (11) Home occupations. (12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04 /13/99) (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of farm or ranch products produced on the premises, provided only one such stand may be used on each farm or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non - illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty -five (35) feet in height nor overhang or project into the public right -of -way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. 02/08 F -R -91- - 20 - (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (1) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties containing not Tess than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of' this section, street frontage includes frontage along a canal or a golf Course. (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 09/11/01) Section 4A -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. For temporary sales stands permitted in this district, there shall be a minimum of five (5) off - street parking spaces provided and so arranged that ingress and egress to such spaces are from driveways approved by the Traffic Engineer of the City of Corpus Christi. Section 4A-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. For any use not contained in Article 23, no off - street loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 4A -5 Area Regulations. The lots in this area shall have an area of five (5) acres or more. Section 4A-6 Supplementary height and area regulations are contained in Article 27. 02/08 F -R -92- - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1 -2" Light Industrial District. This district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off - street loading and off -street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "13-5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals. Petroleum, Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone, and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beverage 02/08 1-2 -93- 02/08 - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast Metals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels less than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Heating, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles, Fibers and Bedding Bedding (mattress, pillow, and quilt) Carpet, rug and mat -94- 1 -2 - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yarn, threads and cordage Wood and Paner Products Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (1) All outside storage shall be screened from view from the at -grade public right - of -way; (ii) The outside storage may not be located in the required minimum building setbacks. 02/08 1-2 -95- - 98- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive -in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy load vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the "1 -2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (1) The storage of explosives used for perforating or fracturing (fracing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off- street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20 -6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A ", "R -1B ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R-1B", "R-2", "A-1", "A-1A", or "A -2" residential district. 20 -6.03 Whenever any building in the "1 -2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20-6.04 Whenever any building or structure, including but not limited to a bird coop, cattery, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, commercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. 02/08 1 -2 -96- - 99- (1) A Farm -Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20-7 Supplementary height and area regulations are contained in Article 27. 02/08 1 -2 -97- - 87 - ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "3-5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off -street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "B-4" General Business District except one - family or two- family dwellings unless the dwellings are ancillary to the main use and located in the same structure. Candy manufacture. Greenhouse or conservatory, commercial. Drug or pharmaceutical products manufacture. Laboratories, research and experimental. Millinery manufacture. Optical goods manufacture. On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN -- REGULATIONS, PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right -of -way. Wall signs may project into the public right -of -way for a distance of not more than twenty-four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 9) Accessory buildings and uses. Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off -street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. 02/08 B-5 -98- Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A" "R -1B" "R -1 C" "R-2", "A-1", "A -1A ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R-1B", "R -1C" "R-2", "A -1 ", "A -1A ", or "A -2" residential district. Section 17-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-5 -99- - 85 - ARTICLE 16. "B-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "13-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: ( I) Any use permitted in the "B-1" Neighborhood Business District. (2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. (3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD-code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( 5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. - ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08/28/01) 02/08 8-4 -100- - 86 - (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service station. (21) Taverns, lounges, or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 16-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 16-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 16-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 16 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -I A", "R -1B" "R -1C" "R -2 ", "A-1", "A -1A ", or "A -2" residential district. 16 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -IC" "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 16 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 16-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 8-4 -101- - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. ( 2) Automobile parking lots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. (6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) ( 8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. ( 9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 Off - street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B-1 -102- - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R-1B", "R -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R -1B ", "R -1C ", "R -2 ", "A -I ", "A -IA ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 -103- B-1 - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the `R -IA" One - family Dwelling District. (2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple - family dwellings. ( 4) Boarding, rooming, and lodging houses. (5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non -profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. ( 8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB —104— - 48 - (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -105- -25• ARTICLE 5. "R -IA" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -IA" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. (2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -LA -106- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off -street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 R -1A -107- - 27 - Section 5-5 Height, Ares, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -I A" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -IB" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 R -IA -108- City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and benefldal use of land, water and other natural resources, consistent with the public Interest. Sec. 2. Organization of Planning Commission. A planning commission Is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city coundl for staggered terms of three years. The commission shall elect a chairperson from among Its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city coundl for the remainder of the tens. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city coundl regarding the adoption and Implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city coundl regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city govemment shall cooperate with the planning commission in furnishing it such information as is necessary in relation to Its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's polities for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —109— comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital Improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall Include policies for its implementation and shall be Implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following Its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, retum the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. —110— MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday June 11, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice - Chairman John C. Tamez Johnny R. Martinez James Skrobarczyk Evon J. Kelly David Loeb Govind Nadkami ABSENCES: Atilano J. Huerta I. CALL TO ORDER p.m. STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel S. Saldaiia, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Yvette Aguilar, Attorney I Beverly Lang - Priestley, Recording Secretary Chairman Stone declared a quorum was present and called the meeting to order at 5:33 III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning a. Case No. 0608 -02 Eloy Salazar and Ricardo Martinez: A change of zoning from "F -R" Farm -Rural District on Tract 1 to "I -2" Light Industrial District resulting in a change of land use from agricultural to light industrial use and a change of zoning from "F -R" Farm - Rural District on Tract 2 to "B -4" General Business District resulting in a change of land use from agricultural to commercial use Being 8.012 acres (Tract 1) out of Lots 25 & 26, Section 21, Flour Bluff Encinal Farm and Garden Tracts, located south of Rodd Village and west of the future extension of Rodd Field Road and 18.092 acres (Tract 2) out of Lots 8 & 9, Section 22, Flour Bluff Encinal Farm and Garden Tracts, located south of Rodd Village and west of the future extension of Rodd Field Road. Mr. Mic Raasch, Development Services, presented the above case via Power Point stating the applicants are Eloy Salazar and Ricardo Martinez. Mr. Raasch stated the subject property is two tracts of land, 8.012 acres (Tract I) out of Lots 25 & 26, Section 21, Flour Bluff Encinal Farm and Garden Tracts and 18.092 acres (Tract 2) out of Lots 8 & 9, Section 22, Flour Bluff Planning Commission Minutes June 11, 2008 Page 2 Encinal Farm and Garden Tracts, located south of Rodd Village Industrial Park and west of the future extension of Rodd Field Road. Mr. Raasch stated the portion labeled Tract 1 is being requested to change zoning from a "F -R" Farm -Rural District to an "I -2" Light Industrial District. Tract 2 is being requested to change zoning from a "F -R" Farm -Rural District to a "B -4" General Business District. Mr. Raasch stated the "1 -2" Light Industrial District provides for light manufacturing, fabricating and warehousing and wholesale distribution; the front yard setback is 20 feet, side and rear setbacks are zero unless adjacent to residential zoning, in which case the side and rear setbacks are ten feet. Mr. Raasch stated the "B -4" General Business District provides for all types of commercial and miscellaneous service activities and allows for multi - family dwellings, shopping centers, hotels and taverns. Mr. Raasch stated the minimum front yard setback is 20 feet; minimum side and rear is zero unless adjacent to residential zoning, in which case it is ten feet. Mr. Raasch stated there is no maximum height for structures in the `B -4" Zoning District. Mr. Raasch stated the Future Land Use map calls for light industrial uses for Tract 1 and commercial uses for Tract 2. Mr. Raasch stated that of the 13 public notices mailed to property owners within the 200' notification area, ten notices were returned in favor and zero were returned in opposition. Staff recommends approval. In response to Commissioner Skrobarczyk, Mr. Raasch stated that "I -2" zoning and the "LI" in the section to the north are the same, that is, light industrial. Public hearing was opened. Mr. Michael Gunning, 738 Crestview, representative for the applicants, came forward stating he is available for any questions the Commissioners might have. Public hearing was closed. Motion to approve was made by Commissioner Martinez and seconded by Commissioner Skrobarczyk. Motion passed unanimously. —112— Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY ELOY SALAZAR AND RICARDO MARTINEZ, BY CHANGING THE ZONING MAP IN REFERENCE TO 8.012 ACRES (TRACT 1) OUT OF FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, LOTS 25 AND 26, SECTION 21, FROM "F -R" FARM -RURAL DISTRICT TO "1 -2" LIGHT INDUSTRIAL DISTRICT AND 18.092 ACRES (TRACT 2) FLOUR BLUFF ENCINAL FARM AND GARDEN TRACTS, LOTS 8 AND 9, SECTION 22, FROM "F -R" FARM -RURAL DISTRICT TO "B-4" GENERAL BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Eloy Salazar and Ricardo Martinez, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, June 11, 2008, during a meeting of the Planning Commission, and on Tuesday, July 15, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 8.012 acres (Tract 1) out of Lots 25 and 26, Section 21, Flour Bluff Encinal Farm and Garden Tracts, located south of Rodd Village and west of the future extension of Rodd Field Road from "F -R" Farm -Rural District to "I- 2" Light Industrial District. and 18.092 acres (Tract 2) out of Lots 8 and 9, Section 22, Flour Bluff Encinal Farm and Garden Tracts, located south of Rodd Village west of the future extension of Rodd Field Road from "F -R" Farm -Rural District to "B-4" General Business District. (Zoning Map 043029) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, H:\ LEG- DIR \SharedUay\Agenda\ 2008\ 7- 15 \ORD- zoningO60Bbiarrzar- FBEFGT. doc Page 2 of 3 except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 15 \h day of July, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: July 7, 2008 R. Jayylireng First Assistant City Fjt orney For City Attorney H: \LEG -DI R \Shared\Jay\Agenda\ 2008\ 7- 15\ ORD- zoninga8th14Balazar- FBEFGT.doc Page 3 of 3 Corpus Christi, Texas day of ,2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H \LEG -DI R \Shared\JayVgenda \2006 \7- 15 \ORD- zoning060E b25lazar- FBEFGT.doc STATES UNI 513/2008 250 500 Prepare BY :SNR Poet D•paflmmt of DwNopment Sirvins 5. SUBJECT CASE A -1 Apartment House District A-14 Apartment House District Apartment Haute DIN1ic AS Professienal Office Disml AT Apamment -Tourist District B-1 &IP B-2 B-2A ba B-1 &5 &5 DD F -R KC tleighbahaod Business District Neighborhood Bu Wass 01*lcl Baybam Business District BahIN Island Business District Business Distdg General Business District Primary Business District Primary Business Core District Carpus Christ Beach Design Dist Fenn Rural Disbial Historical- CuImal Landmark Presernlen 1 -1 LMWed Industrial District 1 -2 Lirs Industrial District 1 -3 HesoyInON*IR District PUD Planned Unit Development R -1A One Family Dwelling District R -113 One Family Dwelling DisIct R -1C One Family Dwelling Disoia R -2 Mgtrple DwRang District RA One Family [Melillo Cisokl RE Reidental Estate District R -TH Tormhouse Dating District SP Special Permit T -l4 Travel Train Perk Dismal T -113 Manufactured Hone Park District T -IC Manufactured Horne BWd -nsion District -1 1 R- S (LOCATION MAP Area SUBJECT PROPERTY LOCATION MAP 07 Aerial Bear Creek Subd. n sr.'.. G iject Case A frig east rly (Roa from Da d "H be Properly looking titian D' Stec Dalmatian Drive In front Dalmatio of the Subject n Drive toward Property s west si ooking de of Rodd Rodd Village Bill Witt Park Datmation Drive Existi EX $ T /NG LAND U =, E atLow :iw;•:,f y.:..n1:1:1nd - h ;tn Del 1Si R =.s 3rre:.13,:;.- 7,".OR '418 De.: ;s!i: Niul.i - h:-Jr • -.4:Ff 'r':3,::11'r - VAC - j �',Q .3•-');PI :],y):: o�� Cuir rLH EJJI❑ :Pi!!1>i,',111 - L: (1'.,,y:r:er• of Y.I:i " "J PAIR: S`,n - Pd631C • PST 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/15/08 AGENDA ITEM: A. ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2008; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. B. ORDINANCE TO RATIFY INCREASE OF $5,150,870 IN PROPERTY TAX REVENUES FROM LAST YEAR'S OPERATING BUDGET AS REFLECTED IN THE 2008 -2009 OPERATING BUDGET. Issue: The City Charter requires the City Council adopt the annual operating budget appropriating proposed revenues and expenditures prior to August 1 s` of each year. FUTURE COUNCIL ACTION: July 22, 2008 — Second reading of Ordinance adopting the City of Corpus Christi Operating Budget for FY 2008 -09, to be amended as needed subject to receipt of the Certified Tax Roll from Nueces County Appraisal District. REQUIRED COUNCIL ACTION: Approval of Ordinance as submitted. ISSUE: The Local Government Code now requires municipalities to ratify any increases in property tax revenues from the previous year. The attached Ordinance complies with the new requirement. REQUIRED COUNCIL ACTION: Approval of Ordinance ratifying the increase in property tax revenues from last year's operating budget. Eddie Houlihan Assistant Director of Management & Budget -119- BACKGROUND INFORMATION Section 102.007 of the Local Government Code now requires the governing body of a municipality to ratify the property tax revenue increase reflected in the Budget separate and in addition to adopting the budget if more tax revenue will be raised by the Proposed FY 2008 -09 Budget than in the previous year. —120— AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2008; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2008, and ending July 31, 2009, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager' s Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(f), Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $654,498,684 and estimated revenues amounting to $648,244,036 for the Fiscal Year beginning August 1, 2008, and ending July 31, 2009, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: H:1LEG- DIR1Lisa12008 ORDINANCESIFYOB -09 Budget.doc -121- Police officer and senior police officer - 389* Police Lieutenant - 36 Police Captain - 15 Police Commander - 6 Assistant Police Chief - 1 Police Chief - 1 FY08 -09 TOTAL 448 * These positions are interchangeable. Any police officer may become a senior police officer after 30 months' service by passing a pass/fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Positions The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II —EMS —109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief -1 FY08 -09 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. 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 in this ordinance be given full force and effect for its purpose. H1LEG- DIR\Lisa200B ORDINANCES \FY08 -09 Budget.doc —122— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, 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 That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: July 8, 2008 By: Lisa Aguilar Assistant City-Attorney For City Attorney Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2008. Henry Garrett Mayor —123— ORDINANCE TO RATIFY INCREASE OF $5,150,870 IN PROPERTY TAX REVENUES FROM LAST YEAR'S OPERATING BUDGET AS REFLECTED IN THE 2008 -2009 OPERATING BUDGET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council ratifies the increase of $5,150,870 in property tax revenues from last year's operating budget as reflected in the 2008 -2009 Operating Budget. —124— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel! Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary Henry Garrett Mayor APPROVED as to form: July 8, 2008 By: ;� .; v� , ti Lisa Aguilar L, ! Assistant City Attorney For City Attorney -125- Ge era Response to Council A endments, to FY, 2 und 009 Proposed Budget Expenditure Adjustments.'' Revenue Adjustments: Code Enforcement $217,733 Sister City 17,943 Marina Advertising 22,000 Arts Subgranting 18,067 Citizen Survey (5,000) Chief of Staff' (29,130) Interest Earnings $241,613 !' �i>Re Ad 911 \\ flects phase -in of position for nine months talorem'Tax estimate will be analyzed subsequent ireline Fee will require further staff analysis to receipt of Final Certified Tax Roll prior 0 final recommendation Ge era Projected Balance @ Fund 8/0112008 Budget Revenues Budget Expenditures Projected Fund Balance @ 7/31/2009 Proposed 26,570,843 190,685,497' 190,685,497 26,570,843' Revised 26,570,843 241,613' 241,613 26,570,843 As Revised 26,570,843 190,927,110' 190,927, 110 26,570,843' 3 0 C erpris Fu Water T ap Fee will require further staff analysis prior to final rec ommendation 4 FUND Projected Balance @ 8101/2008 Fund Budget Revenues Expenditures Budget Balance Projected (j Fund 7/31/2009 Water Fund (4010) 18,424,820 102;169,366 99,449,432 21,144,753' Choke Canyon Fund (4050) 29,238,058 723,530 1;750,163 28,211,425' Gas 'Fund (4130) 2,944,995 50,801,358 50,378,686 3,367,666' Wastewater Fund (4200) 18,07Z341 46;207,195 44,977,541 19,301,996 Stoma Water Fund (4300) 0 2Q801,415 20;402,306 399,109 Airport Fund (4610) 4100,091 7,747,536 7,992,258 3,855,370' Golf Center Fund (4690) 59,808 1,931,344 2,132,434 (141,282) Marina Fund (4700) (88,114) 1,632,766 1,555,823 (11,170) Total Enterprise Funds 72,75 '1,999 232,014,509 ''' 228,638,642 76,127,868 Water T ap Fee will require further staff analysis prior to final rec ommendation 4 C erna Sem. nd FUND Projected Fund Balance @ 8/01/2008 Budget Revenues Budget Expenditures Projected Fund Balance @ 7/31/2009 StoresFund(5010) 222,486 4114,964 4,193,624 143,826 Maintenance'Srves Fund (5110) 2,317,469 19,560,619 20,189,105 1,688,983' Municipal Info. System (5210) 2,248,900 15,267,638 17,162,538 354,000 Engineering Srvcs Fund (5310) 1,146,103 3,886,388 4,784,857 247,634' Liab/Emp Benefits Health(5610 18,925,597 25,339,437 27,170503 17,094,531' Liab/Fmp Benefit -Liab (5611) 12,996,016 5362,260 5,524708 13,233,568' Liab/Emp Benefits -WC (5612) 11,995,401 1,941,168 2,812,441 11,124,127' Liab /Employee Benefits- (5613 '' 163,660 1,137,028 1,233,843 66,845' Total Internal Service Funds 50,015,632 77,009,501 83,071,618 43,953,514 Debt Sem. ce F 61' FUND Projected Fund Balance @ 8/01/2008 Budget Revenues Budget Expenditures Projected Fund Balance @ 7/31/2009 Seawall Improvement DS (1121) 356,735 4,269,445 3,248,481, 1,377,699' Arena Facility DS Fund (1131) 221;868 5,503,773 3,540,780 2,184,861' Baseball Stadium DS Fund(1141) 4,218 4,034,850 2,289 ,850 1,749,218' Debt Service Fund (2010) 15,577;965 33,997,030 '' 41,397,513 '' 8,177481' Water System Rev DS Fund(4400) 2,548,072 20,229,100 21,760,986 1,016,186 Wastewater System Rev DS(4410) 1,726,909 15,826,6g8 16,668,634 884,963'. Gas Fund Debt Service (4420) 142,054 440,575 572,575 10,054 Storm Water System Debt Sry Fd (4430) '.'. 0 8,726,840 8,426,841. 299,999'. Airport 2000ADebtSrvc (4640) 719,718 714,952 1,067,841 366,829' Airport 2000B Debt Srvc (4641) 110,822 704;413 519,450 295785 Airport Debt Service (4642) 229 198,181 198,181. 229 '.'. Manna Debt Service Fund (4701) 50,192 333,306 333,306 50,192'. Total Debt Service Funds 21458,782 94,979,154 100,024 439 16,413;496'' 61' pee la Reve 7 FUND '' Projected Fund '' Balance @ 8/01/2008 Budget Revenues Budget Expenditures Projected Fund Balance @ 7/31/2009 Hotel Reinvestment Seawall Arena Business Development Visitors' LEPC C.C. Crime Total Occupancy Improvement Facility /Job Facilities Fund Special (6060)I Control Tax Zone No.2 Fund l(1130) Development( Services Fund(4710) Dist Revenue Fd Fd Fd(4670) (1030) (1,111) (1120) 1 140 (9010) Funds 1,201 112 5,024,197 16,573,955 10,789,284 10,726,128 777,137 (2,106,826) 58,017 2,266,185 10,437,908 3,263,602 5,927,209 5,842,994 5,834,794 6,068,041 11,078,949 70,828 5,031050 11,471,136 1,170,211 4,267,481 6,287,208 6,745,631 6,549,668 10,271,186 95,195 5220,772 167,885' 7,117,588' 18,233,683' 10,345,070' 9,815,291 295,510' (1,299,063) 33,650' 2076,463 45,309,189 53,555,376 52,078,488 46,786,076'' 7 Budget Calendar July 15 — l st Reading July 22 — 211d Reading & Adoption Questions & Comm en s 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/15/2008 AGENDA ITEM: AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE 11I EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO REVISE DEFINITIONS OF FULL -TIME AND PART -TIME EMPLOYEES, ADD PARKS AND RECREATION SKILL BASED PAY GRADES, REVISE STEP PAY RATES FOR METRO -COM TECHNICIAN, REVISE MINIMUM WAGE, REVISE POLICE MANAGEMENT PAY RANGE, ADD ATTORNEY CAREER LADDER, ADD INFORMATION TECHNOLOGY CAREER LADDER, DESIGNATE FICA ALTERNATIVE PLAN PARTICIPATION BY TEMPORARY EMPLOYEES, REVISE PART TIME EMPLOYEE ELIGIBILITY AND PARTICIPATION IN (1) GROUP HOSPITALIZATION (2) TERM LIFE INSURANCE (3) DISABILITY INSURANCE (4) HOLIDAY, SICK, BEREAVEMENT, VACATION AND OTHER LEAVE; CLARIFY AIRPORT SAFETY OFFICER ELIGIBILITY IN VACATION LEAVE ACCRUAL; MODIFY SICK LEAVE "CASH -IN" PROVISION; PROVIDE THAT EMPLOYEE MAY USE BEREAVEMENT LEAVE IN DEATH OF SON -IN -LAW, DAUGHTER -IN- LAW, AND STEP - PARENT; TO PROVIDE FOR 15 DAY PAID MILITARY LEAVE IN ONE CALENDAR YEAR; TO AMEND NEPOTISM SECTION TO (1) PROHIBIT DEPARTMENT HEAD HIRING OR REVIEW OF EMPLOYEE SON - IN -LAW, DAUGHTER -IN -LAW, (2) CLARIFY SPOUSE'S RELATIVES, AND (3) ADD PROVISION TO CONTINUE RELATIONSHIP BY AFFINITY DESPITE DIVORCE OR DEATH IF CHILD OF MARRIAGE IS LIVING; TO COMBINE PLAN I AND PLAN II PERSONAL LEAVE INTO ONE PLAN; TO COMBINE PLAN I AND PLAN II BEREAVEMENT LEAVE INTO ONE PLAN; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. -129- Proposed Revisions to Chapter 39 of the City Of Corpus Christi's Code of Ordinances to Reflect Proposed Pav Increases and Revisions to Language Each year a "housekeeping" Ordinance is prepared for the City Council to: > Revise Pay Plans in Code of Ordinances, Chapter 39, Personnel Sec. 39 -303 Standard Classifications, Pav Grades, and Ranges to reflect pay structure changes, where recommended, and to include or exclude Council- Appointed positions, as directed by the City Council; > Revise language in Code of Ordinances, Chapter 39, Personnel if any, to clarify, add, delete, or update administrative rules and provisions related to compensation, classification, benefits, etc. See Background Information Section for proposed revisions. REQUIRED COUNCIL ACTION: Requesting City Council approval of revisions to the City of Corpus Christi's Code of Ordinances, as amended, Chapter 39, Personnel for administration of the Compensation & Classification Plan for FY 2008 -09. CONCLUSION AND RECOMMENDATION: It is recommended that the City Council approve the proposed revisions to the Code of Ordinances, Chapter 39. Personnel for FY 2008 -2009. r �Y i7 Cynthia C. Garcia, Director of Human Resources -130- BACKGROUND INFORMATION I. Proposed Revisions To Chapter 39 of the City's Code of Ordinances: Section 300 — Policy: • Revise the city's policy to include the maintenance of internal equity between classes of jobs, and to provide competitive pay and benefits in order to attract and retain a high quality workforce. • Establish city's goals to maintain midpoints, and sub -zone and step pay rates at 100% of market, to the extent possible, given the resources available through the budget. Section 301 — Definitions • Delete definition of City Manager, as appropriate language regarding City Manager or designee is included in each section where necessary. • Delete definition of full -time, part-time and temporary employees, as definition is included in specific sections 307, 308 and 309 later in the article. Section 303 Standard Classifications, Pay Grades, and Ranges • Add Park & Recreation Maintenance Skill Based Pay Program salary range and grade. • Revise Metro -Com Technician pay structure to reflect steps 1.0 and 1.1 rather than 1.1 and 1.2. • Update minimum wage. • Adjust Police Managerial to maintain 5% differential from contract pay schedule. • Add Attorney Competency Based Career Ladder salary structure. • Add Information Technology Competency Based Career Ladder salary structure for both exempt and non - exempt pay plans. • Update Identification Career Ladder salary structures. Section 306 Full -time Employees • Clarify definition, and benefit eligibility -131- Section 307 — Part -Time Employees • Expanding section to break out various part-time employee levels and corresponding benefits eligibility. o < 20 hours per week — no benefits, participate in FICA Alternative Plan, in lieu of contribution to Social Security o 20 to 39 hours per week — TMRS benefit only, exempt from contribution to Social Security Section 308 Temporary Employees • Adding participation in the FICA Alternative Plan, in lieu of contribution to Social Security Section 309 — Coverage under the City's group health plan for eligible employees and members of the City Council • Eliminating part-time employee participation • Adding provision to grandfather part-time employees who have coverage as of 07/31/08 to continue participation. Section 310 Term Life Insurance • Eliminating part-time employee participation • Adding provision to grandfather part-time employees who have coverage as of 07/31/08 to continue participation. Section 311 Disability Income Protection Plan • Eliminating part-time employee participation • Adding provision to grandfather part-time employees who have coverage as of 07/31/08 to continue participation. Section 324 Holidays • Clarifying that part-time employees routinely assigned less than twenty base hours per seven day work period are not eligible for holiday benefits, other than compensation for actual hours worked at one and one half times the straight time rate. Section 325 Leave Plan I Employees Defined • Clarifying part-time employees Section 326 Plan I Vacation Leave Accrual • Clarifying reference to public safety officer as airport public safety officer. Section 330 Plan I Accumulation and Carryover of Vacation Leave • Clarifying part-time employee eligibility —132— Section 331 Plan I Payment of Accrued Vacation Leave Upon Termination, Retirement or Death • Clarifying part-time employee eligibility Section 332 — Plan I Cash In of Vacation Leave • Proposing to increase the amount of hours an employee may cash -in, an additional eight (8) hours for employees with twenty or more years of service, and twelve (12) hours for airport public safety officers with twenty or more years of service. Section 333 Plan I Personal Leaver • Deleting section and creating a new section, since Personal Leave is the same for both Plan I and Plan II employees Section 334 Plan I Bereavement Leave • Deleting and creating a new section, since Personal Leave is the same for both Plan I and Plan II employees • Adding son -in -law, daughter -in -law, and employee's or spouse's step- mother and step- father Section 335 Plan I Sick Leave Accrual and Accumulation • Clarifying part-time employee eligibility Section 339 Plan I Payment of Sick Leave Upon Termination • Clarifying part-time employee eligibility Section 340 Plan I Cash -in of Sick Leave • Modifying provision to allow an employee who has not taken any sick leave to cash -in up to forty eight hours of accumulated sick leave • Clarifying part-time employee eligibility. Section 341 Leave Plan II Employees Defined • Clarifying part-time employee -133- Section 347 Plan II Cash -in of Vacation Leave • Proposing to increase the amount of hours an employee may cash -in, an additional eight (8) hours for employees with twenty or more years of service. Section 349 Plan II Personal Leave • Deleting section and creating a new section, since Personal Leave is the same for both Plan I and Plan II employees Section 350 Plan II Bereavement Leave • Deleting section and creating a new section, since Personal Leave is the same for both Plan I and Plan II employees • Adding son -in -law, daughter -in -law, and employee's or spouse's step- mother and step- father Section 354 Plan II Cash -in of Sick Leave • Modifying provision to allow an employee who has not taken any sick leave to cash -in up to forty eight hours of accumulated sick leave Section 358 Military Leave • Clarifying that fifteen working days in any one year means any one calendar year • Correcting the spelling of "statutes" Section 363 Nepotism • Clarifying language by adding o son -in -law, daughter -in -law o defining spouse's relatives (father, mother, son, daughter) and adding "including all step relations" • Adding state statute language to include that relationships by affinity continue so long as there is a living child from the marriage, despite divorce or death ending the marriage. -134- I1. Compensation and Classification a. Compensation and Classification Study in 2001 -2002 In FY 2002 -2003, the City of Corpus Christi successfully implemented the Compensation & Classification Study conducted in FY 2001 -2002 to meet departmental business objectives, such as: > Replacing the City's aging, obsolete system; • Attracting and retaining qualified employees; > Supporting re- engineering efforts for the Departments of Water, Wastewater, Storm Water, Gas, Streets, Solid Waste Services, and the Park Maintenance Division through development and implementation of skill -based pay systems; > Providing solutions for citywide compensation issues such as, internal equity of jobs within designated pay grade levels; > Designing competitive pay plans; > Providing the Council with an affordable phased -in implementation plan that began FY 2002 -2003. The City of Corpus Christi's goal is to reach 100% of competitive labor market rate for like positions with a phased -in approach, as guided by annual surveys. b. Phase I Implementation in FY 2002 -2003 In FY 2002 -2003, the new Compensation and Classification Plan was implemented. Most employees received a pay increase based on a pay range in each pay plan that was adjusted to reflect a mid -point pay level that was approximately 90% of the competitive labor market rate. In the transition in FY 2002 -2003 of employees into the new Pay Plans, 86% of the implementation dollars went to Non - exempt (overtime eligible) employees largely due to bringing eligible employees up to the minimum of the new pay plan ranges. Other employees received pay adjustments ranging from 1% to 2.3% based on a combination of longevity and location of their pay in the new ranges at time of transition. c. Phase II Implementation in FY 2003 -2004 Effective July 28, 2003, all Pay Plan Structures in Sec. 39 -303 of the City of Corpus Christi's Code of Ordinances received a 3% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and a 2% increase to maximums needed to maintain market at 100 %. Employees in those Pay Plans were granted a 3% pay increase, except for employees at the maximums of their pay ranges who received a 2% pay increase and remained at the maximum of the range as a result of the increases. Effective December 1, 2003, all Pay Plan Structures in Sec. 39 -303 received a 2% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and 0% increase to maximums that were adjusted to 100% of market effective July 28, 2003. Employees in those Pay Plans were granted a 2% pay increase, except for employees who had —135— reached the maximums of their pay ranges and had been at 100% of market since July 28, 2003. d. Phase III Implementation in FY 2004 -2005 Effective July 26, 2004, a 3% pay increase was concurrently implemented as follows: (1) granted to employees assigned to Pay Plan Structures in Section 39 -303 of the City's Code of Ordinances, and (2) granted to minimums and maximums of pay structure ranges to all Pay Plans in Section 39- 303. This increase was applied to Council Appointed Positions. e. Phase IV Implementation in FY 2005 -2006 Effective August 8, 2005, (1) non - exempt employees in Pay Plan 100 Skill Based Pay and Pay Plan 900 Non - Exempt (Overtime Eligible) in Section 39 -303 of the City's Code of Ordinances, were granted a 2.25% pay increase, and (2) pay structure range minimums and maximums in the pay plans described above, were adjusted by 2.25 %, as well. f. Phase V Implementation in FY 2006 -2007 There was no adjustment to the pay plan ranges in the fiscal year budget for 2006 -2007, although the City continued to monitor its market position. g. Pay Structure and Pay Increases in FY 2007 -2008 The fiscal year budget 2007 -2008 provided effective August 6, 2007: (1) employees in Pay Plan 100 Skill Based Pay, Pay Plan 300 Police and Fire Managerial, Pay Plan 400 Executives, Pay Plan 500 (a) and (b) Legal /Attorneys, Play Plan 600 Exempt, Pay Plan 700 Information Technology, Pay Plan 800 Information Technology, Pay Plan 900 Non - Exempt, and Pay Plan 1000 Engineers /Engineering Services in Section 39 -303 of the City's Code of Ordinances will be granted a 3.0% pay increase, and, (2) pay structure range minimums and maximums in the pay plans described in (1) above, except Pay Plans 700 and 800 Information Technology, will be adjusted by 3.0% as well, in an effort to maintain market position. Midpoints for Pay Plans 700 and 800 Information Technology are recalculated to reflect the true midpoint, as all pay plans have. -136- III. Status of Skill -Based Pav Development and Implementation a. Pilot Project for Skill -Based Pay (SBP) for Water Production Technician (0. N. Stevens Water Plant) and Wastewater Treatment Technician (Wastewater Treatment Plants) Skill -Based Pay Programs support reengineering and the development of multi - skilled workers through rewarding employees who continuously learn and acquire increasingly complex core skills required for a department to meet its business objectives. The Skill -Based Pay (SBP) Pilot Project for Water Production Technician (0. N. Stevens Water Plant) and Wastewater Treatment Technician (all Wastewater Treatment Plants) was implemented on August 11, 2003. This Pilot effort provided opportunities to work through problems and issues to successfully implement and track employees' development. Approximately 90% of SBP training is received on the job. Skill -Based Pay programs reward employees with compensation based on attainment of core skills instead of position titles held. This type of compensation program supports re- engineering through development of highly skilled workers to operate complex facilities, such as the O.N. Stevens Water Plant and the multiple Wastewater Plants in Corpus Christi. Employee compensation is based on attainment of proficiency on sets of skills and meeting other pay advancement criteria, e.g. "Meets Expectations" Performance Evaluation and no disciplinary actions in specified time period. Pay advancements are automatic upon the employee completing all requirements. The Work Management System (MAXIMO) used by the Water and Wastewater Departments is being interfaced with the PeopleSoft Training Module in the City's Human Resources /Payroll System. Work Coordinators (supervisors), Planner /Schedulers, and Skill -Based Pay Coordinators work closely with employees and each other to ensure that training opportunities on required skills will be available. Computerized reports that track on- the -job training progress through Work Orders will facilitate administration of the Skill -Based Pay Program. The City of Corpus Christi's Skill -Based Pay Programs provide career opportunities for local high school or GED graduates to enter a career path, such as a Water Production Technician, Wastewater Treatment Plant Technician, or other titles that will result from continuation of skill - based pay development. Skill -Based Pay offers competitive wages for being multi - skilled in a complex area of City operations. In addition, the City's Pilot Skill -Based Pay System provides for hiring applicants above minimum of the range with demonstrated skills and a valid TCEQ license to operate a Water Production Plant or Wastewater Treatment Plant since skill proficiency determines compensation in a skill -based compensation plan. Effective June 28, 2004, the Water Distribution Technician, Wastewater Collections Technician and Water Supply Technician were rolled into the SBP program. —137— b. Metro -Com Technician (Police /Fire /EMS Dispatchers) Implemented Effective April 19, 2004 With the pay check of April 19, 2004, the City of Corpus Christi's Police /Fire /EMS Dispatchers were transitioned from their existing Pay Plan into SBP with the new title of Metro -Com Technician. c. SBP for Storm Water and Gas Departments Effective February 7, 2005, the Gas Department went live on SBP with three tracks; Gas Construction Technician, Gas Operations and Measurement Technician, and Gas Service Maintenance Technician. The Storm Water Department went live with one track, Storm Water M &O Technician. d. SBP Implementations in FY 2007 -2008 The Parks & Recreation Department implemented skill based pay for Park Operations — Park Operations Technician, Park Construction Technician, Horticulture Technician, and Irrigation Technician. d. Planned SBP Implementations in FY 2008 -2009 Departments scheduled for SBP in FY 2008 -2009 include: Streets and Solid Waste Services. IV. Status of Competency Based Career Ladders • IT Career Ladder implemented in January 2005, being revised August 1, 2008. • Work Coordinator Career Ladder implemented September 1, 2006. • Identification Career Ladder implemented February 19, 2007 for Police Department Multi Media Specialist, Crime Scene Investigator and Examiner, and revised November 2007. • City Attorney Career Ladder is being implemented effective August 1, 2008. • Engineer Career Ladder is being prepared for implementation in the coming months. The City continues to evaluate each pay plan to see which program is most appropriate for the function, Skill Based Pay or Competency Based Career Ladders. -138- III. Employee Costs for Group Health Plan Benefits FY 2007 -2008 City health insurance premiums for Citicare, Citicare Basic, Citicare Public Safety and Citicare Fire plans were not increased during fiscal year 2007 -2008. Changes to coverage were made to the Citicare (civilian employee) plan in order to offset rising costs. The Dental plans are not subsidized by the City. The Dental Expanded benefit plan premiums was increased effective 08/01/07 to cover costs of the plan. Employee Only Employee & Spouse Employee & Children Employee & Family Current Premium New Premium 08/01/2007 $17.95 $35.89 $27.92 $48.85 $19.75 $39.48 $30.71 $53.74 FY 2008 -2009 The City is proposing the following increases to employee premiums for group health plan coverage in fiscal year 2008 -2009. Citicare (Civilian employees) 0% Public Safety (Police) 20% Fire 18% The City of Corpus Christi, like employers' nationwide, continue to battle rising medical and prescription drug costs. Changes have been made to the Citicare (civilian employee) plan in order to reduce costs to the plan. -139- Page 1 of 30 ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, TO REVISE DEFINITIONS OF FULL -TIME AND PART -TIME EMPLOYEES, ADD PARKS AND RECREATION SKILL BASED PAY GRADES, REVISE STEP PAY RATES FOR METRO -COM TECHNICIAN, REVISE MINIMUM WAGE, REVISE POLICE MANAGEMENT PAY RANGE, ADD ATTORNEY CAREER LADDER, ADD INFORMATION TECHNOLOGY CAREER LADDER, DESIGNATE FICA ALTERNATIVE PLAN PARTICIPATION BY TEMPORARY EMPLOYEES, REVISE PART TIME EMPLOYEE ELIGIBILITY AND PARTICIPATION IN (1) GROUP HOSPITALIZATION (2) TERM LIFE INSURANCE (3) DISABILITY INSURANCE (4) HOLIDAY, SICK, BEREAVEMENT, VACATION AND OTHER LEAVE; CLARIFY AIRPORT SAFETY OFFICER ELIGIBILITY IN VACATION LEAVE ACCRUAL; MODIFY SICK LEAVE "CASH -IN" PROVISION; PROVIDE THAT EMPLOYEE MAY USE BEREAVEMENT LEAVE IN DEATH OF SON -IN -LAW, DAUGHTER -IN -LAW, AND STEP- PARENT; TO PROVIDE FOR 15 DAY PAID MILITARY LEAVE IN ONE CALENDAR YEAR; TO AMEND NEPOTISM SECTION TO (1) PROHIBIT DEPARTMENT HEAD HIRING OR REVIEW OF EMPLOYEE SON -IN -LAW, DAUGHTER -IN -LAW, (2) CLARIFY SPOUSE'S RELATIVES, AND (3) ADD PROVISION TO CONTINUE RELATIONSHIP BY AFFINITY DESPITE DIVORCE OR DEATH IF CHILD OF MARRIAGE IS LIVING; TO COMBINE PLAN I AND PLAN II PERSONAL LEAVE INTO ONE PLAN; TO COMBINE PLAN 1 AND PLAN 11 BEREAVEMENT LEAVE INTO ONE PLAN; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -300, is amended to read as follows: ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39 -300. Policy. • -140- Page 2 of 30 It is the policy of the city, consistent with sound budgetary management, to continuously manage the compensation and classification system to maintain internal equity between classes of jobs, and to provide competitive pay and benefits in order to attract and retain a high quality workforce. To the extent possible, given the resources available through the budget, the City's qoal for competitive pav is to maintain pay plan midpoints, sub -zone and step Day rates at 100% of market rates. The city manager is directed to manage the personnel system to achieve these goals. SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -301, is amended to read as follows: Sec. 39 -301. Definitions. As used in this article: FLSA means the federal Fair Labor Standards Act. FMLA means the federal Family and Medical Leave Act. per-week. tack. * SECTION 3. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -303, is amended to read as follows: Sec. 39 -303. Standard classifications, pay grades, and ranges. (a) Classifications. The classifications of employees of the city, as set forth in this section, will include: Pay Plan 100 Skill -Based Pay (FLSA Overtime Eligible); Pay Plan 200 Temporary (FLSA Overtime Eligible); Pay Plan 300 Police and Fire —141— Page 3 of 30 Managerial (Pesitiens Salaries not covered in Collective Bargaining Agreements or in Executive Pay Plan 400, ); Pay Plan 400 Executives (FLSA Overtime Ineligible); Pay Plan 500(a) Legal (FLSA Overtime Ineligible); Pay Plan 500(b) Legal (FLSA Overtime Eligible); Pay Plan 600 Exempt (FLSA Overtime Ineligible); Pay Plan 700 Information Technology (FLSA Overtime Eligible); Pay Plan 800 Information Technology (FLSA Overtime Ineligible); Pay Plan 900 Non - Exempt (FLSA Overtime Eligible); Pay Plan 1000 Engineers /Engineering Services (FLSA Overtime Ineligible). - (b) Pay Plan 100. Skill -Based Pay Plan 100 includes pay range structures established for administration of the Skill -Based Pay System. The city manager is authorized to add Skill -Based Pay Range Structures and training programs throughout the fiscal year as job titles are consolidated and transitioned from existing pay plans in Chapter 39, Section 39 -303 into Skill -Based Pay Plan 100. The pay grades and ranges for positions in Skill -Based Pay Plan 100 are as follows: Pay Plan 100 Skill -Based Pay FLSA Overtime Eligible 3% Effective 8/6/2007 101, 102, 104 105, 106, 107, 108 (Metro-Com Technician) 1 1.0 $16,649 $28,304 $16,649 1 1.1 16,983 $28,304 29.153 16.983 1 1.2 17,322 29,153 17,322 1 1.3 18,015 18,015 1 1.4 18,735 18,735 1 1.5 19,483 2 2.1 20,653 30,320 20,653 2 2.2 21,893 30,926 21,893 2 2.3 23,206 31,544 23,206 2 2.4 24,598 32,175 24,598 2 2.5 26,073 32,819 26.073 2 2.6 27,638 33,475 2 2.7 29,297 3 3.1 31,641 37,492 31,641 -142- Page 4 of 30 3 3.2 34,172 41,990 34.172 3 3.3 36,906 47,030 36.906 3 3.4 39,858 50,183 39.858 3 3.5 44,642 3 3.6 49,998 3 *3.7 56,674 * Sub -zone 3.7 applies to grades 101 and 102 only. (c) Pay Plan 200. Pay Plan 200 includes hourly temporary positions that are not covered in the FLSA Overtime Eligible Pay Plan 900. The city manager is authorized to make changes to this pay throughout the fiscal year as required, such as for minimum wage changes as required by federal law. The pay grades and ranges for positions in Pay Plan 200 are as follows: Pay Plan 200 Temporary FLSA Overtime Eligible Effective 8/6/2007 *211 $ 5.85 6.55 $ 5.85 6.55 $ 5785 6.55 * *212 7.00 9.00 11.00 213 7.83 10.43 13.03 214 9.18 11.92 14.65 215 9.99 12.98 15.97 216 12.04 15.64 19.23 * Federal Minimum Wage increased to $5.85 $6.55 per hour on 7/24/20072008, and will increase to $6,56 $7.25 on 7/24/28082009. ** Adjusted to comply with state law and the pay received by election workers for other local entities. * ** Grades 213 through 216: 3% increase effective 8/6/2007. (d) Pay Plan 300. Pay Plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (Executives). Salary ranges in Police and Fire Managerial Pay Plan 300 will maintain a minimum five (5) per cent differential (1) between the range minimum for police commanders and fire assistant chiefs in the police and fire managerial Pay Plan 300 and the entry step for police captain and fire battalion chief as stated in the applicable contract; and (2) between the range maximum for police commanders and fire assistant chiefs in the -143- Page 5 of 30 Police and Fire Managerial Pay Plan 300 and the highest step for police captain and fire battalion chief as stated in the applicable contract. The city manager is authorized to make changes to this pay structure as required throughout the fiscal year to be in compliance with the effective salary ranges adopted in the applicable police and fire collective bargaining contracts. The pay grades and ranges for positions in Pay Plan 300 are as follows: Pay Plan 300 Police and Fire Managerial FLSA Overtime Eligible 3% Effective 8/6/2007 <J 5 ✓ 7 Y dT £i`"f vv ^ �- i:-?' e H i1g4 'r � • -.W . -�? uf4.. t.. f- x t - v �. by a. . �..:�v _ .v. Y. �f k t L 'j3Ct �4_£�ij}`"� .� _ � f .,.r -�.�.0 LS�%..iri2 *311 $78,232 78.611 $84,467 84.647 $90,682 312 78,232 84,457 90,682 *Police Managerial ranges are adjusted to maintain a minimum 5% differential, as described above. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision - making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 3% Effective 8/6/2007 410 $25,614 $33,265 $40,915 411 32,767 45,430 58,092 412 35,716 49.518 63,320 413 39,129 54,248 69,366 414 43,256 59,970 76,684 415 48,035 66,597 85,158 416 53,825 74,622 95,418 417 60,578 83,986 107,394 418 67,751 93,931 120,110 419 68,485 94,947 121,408 420 76,562 106,144 135,725 -144- Page 6 of 30 421 77,421 107,337 137,252 422 85,818 96,606 107,394 423 87,524 121,344 155,164 424 98,216 109,812 121,408 430 City Manager No Range (f) Pay Plan 500. Pay Plan 500 will include positions focused on delivery of legal services, except those positions in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 500 are as follows: Pay-Plan-5004a) Legal 0 644 $29,943 $11,513 $53,083 642 32,639 45,250 57,860 643 35,739 49,649 63,358 644 39,343 54,504 69,694 645 43,142 60,228 77,013 54.6 48,222 66,855 85,187 647 53,768 74,511 85,320 548 60,222 83,492 106,762 Pav Plan 500(a) Attomev Career Ladder FLSA Overtime Ineligible Effective 8/1/2008 GRADE 501 -145- { ._sErJ �� 3. -},4( .:'����J_'' 'Ai ` �rM Y, .rva .viir Amu oi,j_ ENTRY $45,736 $63,408 $81,080 1 53.434 74.081 94.728 2 61.133 84,754 108,375 3 67.925 94,170 120.416 -145- Page 7 of 30 Pay Plan 500(b) Legal FLSA Overtime Eligible 3% Effective 8/6/2007 111 $29,943 $41,513 $53,083 112 32,639 45,250 57,860 113 35,739 49,549 63,358 114 39,313 54,504 69,694 115 43,442 60,228 77,013 116 48,222 66,855 85,487 117 53,768 74,544 95,320 118 60,222 83,492 106,762 (g) Pay Plan 600. Pay Plan 600 wi I include all positions that may be designated as exempt from overtime under the FLSA except positions in Pay Plan 800 (Information Technology), Pay Plan 500 (Legal), Pay Plan 300 (Police and Fire Managerial), and Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 600 are as follows: Pay Plan 600 Exempt FLSA Overtime Ineligible 3% Effective 8/6/2007 611 $25,423 $34,803 $44,182 612 27,458 37,587 47,716 613 29,792 40,782 51,772 614 32,474 44,454 56,433 615 35,559 48,677 61,795 616 39,115 53,545 67,915 617 43,224 59,169 75,113 618 47,978 65,678 83,377 -146-- Work Coordinator Career Ladder FLSA Overtime Ineligible 3% Effective 8/6/2007 Grade 630 Page 8 of 30 Entry $46,874 $49,685 1 49,686 52,172 2 52,668 55,302 3 56,882 59,726 4 65,413 68,685 (h) Pay Plan 700. Pay Plan 700 will include positions, designated as non - exempt under the FLSA, focused on providing the information technology infrastructure for the city. The pay grades and ranges for positions in Pay Plan 700 are as follows: Pay-Plan-700- FL-5A-Overtime-Eligible 0 744 $20,892 $32,894 $44;696 742 22,668 36,600 48,711 743 21,708 38-902 53,085 744 27;066 42,507 58,138 745 29,761 46,708 63;954 746 32;887 54 778 70,669 747 36-,5505 57,174 78,143 744 49;704 64;085 87,466 749 45,580 74;776 07,062 720 51,287 80;748 110,209 —147— Page 9 of 30 Pay Plan 700 Information Technology Career Ladders FLSA Overtime Eligible Effective 8/1/2008 Functional Analyst - Grade 701 Entry $32,887 $34.513 1 34.532 36,604 2 36.605 38,801 3 38,802 41,518 4 41,519 44,426 5 44.427 47.981 6 47,982 51.778 Technical Specialist - Grade 702 Entry $32.887 $34.860 1 34,861 36,952 2 36.953 39,171 3 39,172 42,305 4 42.306 45,691 5 45,692 49.347 6 49.385 53,296 7 53.297 57,561 _System Specialist - Grade 703 Entry $36,505 $38.330 1 2 3 38.331 40,631 40.632 43.070 43.071 46.086 4 46.087 49,313 5 49,314 53,259 6 53.260 57,474 Network Administrator - Grade 704 Entry $40,704 $42.739 1 42.740 45,304 2 45.305 48,023 3 48,024 51,386 4 51.387 54.984 5 54,985 59,384 6 59,385 64.085 -148- .-"t't.rkek Page 10 of 30 Senior Functional Analyst - 705 Entry 1 2 3 4 H11/1 54,367 51,778 57.630 61 666 65.983 WcaPtlf 1111111111d 57,629 'Alt---t—ta -,t1"7.3e:TIVicr_ri..1 Li! at 54,366 Senior System Specialist - Grade 706 61.665 65.982 70.669 Entry $57.474 $60.347 1 60.348 63,969 2 63.970 68.448 3 68.449 73.241 4 73.242 78.443 Senior Network Administrator - Grade 707 .-zektkv, 4,431k1:41;fl* Entry 1 2 3 4 5 64,085 67,289 70.654 • 211_4 U.:).13t.Sg!::,t4litt:IS.V5 $67,289 70.653 74.187 74 188 78 639 78 640 83.359 83,360 87.466 (1) Pay Plan 800. Pay Plan 800 will include positions, designated as exempt from overtime under the FLSA, focused on providing the information technology infrastructure for the city. The pay grades and ranges for positions in Pay Plan 800 are as follows: Pay-Plan400 Infacreatien-Teehnelegy (F-L-SA-AveFtime-1netigible) 3wo_gfrestive442612004 }S,r,-;.-.: -:1". = R-' — --Pvt.: ',wk. 'r -k it.'11.. ,..,-. ,..„41 a e• , . '' -.4:.— t 844 $20492 $627804 $44496 842 22,668 35,690 48,711 81-3 24408 38,902 53,095 844 27,056 42,507 58T1-68 84-5 29,761 467708 63;064 84-6 32,887 547778 70,669 -149- Page 11 of 30 844 36405 577474 78,413 848 40,701 6486 8466 84-9 45489 71,776 977962 829 51,287 80,748 110 200 Pay Plan 800 Information Technology Career Ladders FLSA Overtime Ineligible Effective 8/1/2008 GIS Analyst - Grade 801 Entry 1 $29,761 $31,249 31,250 33,125 2 33,126 35.113 3 35,114 37,572 4 37.573 40.203 5 40,204 43.421 6 43,422 46,858 Aaalication Specialist - Grade 802 Entry 1 $40,704 $42,739 42,740 45,304 2 45,305 48.023 3 48.024 51.386 4 51.387 54.984 5 54.985 59,384 6 59.385 64,085 IT Team Coordinator - Grade 802 Entry $40,704 $42,739 1 42,740 45,304 2 45.305 48,023 3 48,024 51.386 4 51.387 54,984 5 54.985 59,384 6 59.385 64.085 -150- Page 12 of 30 Senior GIS Analyst — Grade 803 Entry 1 2 3 4 $46,858 $49,200. 49.201 52,154 52.155 55,805 55.806 59,713 59.714 63,954 Database Administrator — Grade 804 Entry 1 2 3 4 5 $45,589 $47,868 47.869 50,741 50,742 53,787 53,788 57.553 57.554 61,583 61,584 66,510 6 66.511 71,776 IT Program Coordinator — Grade 805 Entry $64,086 $67,290 1 67.291 70,655 2 70,656 74.188 3 74.189 78,639 4 78.640 83.358 5 83,359 87,466 Senior Application Specialist — Grade 805 Entry $64,085 $67,289 1 67.290 70,654 2 70.655 74,188 3 74.189 78.640 4 78.641 83,360 5 83,361 87,466 —151— �y, rv.. Yi ,� btu +� .ice-, i, i.� y� °Y e d �'i �k 'w� «��i�_ : :� A L� Entry $71,776 $75,364 1 75,368 79.134 2 79,135 • 83.091 3 83.092 88.078 4 88.079 93,364 —151— Page 13 of 30 5 93.365 97,962 Business Unit Mana er - Grade 807 Entry 1 $45,589 $48,780 48,781 52.196 2 52,197 55.851 3 55.852 59.761 4 59,762 63,946 5 1947 68423 6 68.424 73,214 7 73,215 78.340 8 78,341 83,825 9 83.826 90,532 10 90,533 97.775 (j) Pay Plan 900. Pay Plan 900 will include all employees not classified in another pay plan in this section. Pay Plan 900 will include positions that are net designated as non- exempt under the FLSA. The city manager will periodically review positions and take corrective action, as required, to assure they are properly classified under the FLSA. The pay grades and ranges for positions in Pay Plan 900 are as follows: Pay Plan 900 Non - Exempt (FLSA Overtime Eligible) 3% Effective 8/6/2007 911 $16,650 $22,189 $27,727 912 17,982 23,352 28,722 913 19,510 25,337 31,163 914 21,265 27,617 33,968 915 23,285 30,240 37,194 916 25,614 33,265 40,915 917 28,303 36,757 45,210 918 30,954 40,569 50,183 919 35,029 45,491 55,952 920 39,234 50,951 62,667 921 44,139 57,319 70,499 -152- Identification Career Ladder FLSA Overtime Eligible 3% Effective 8/6/2007 Multi -Media Specialist Grade 930 Page 14 of 30 1 $28,303 27.479 1.1 29,135 28.578 2 34498 30.864 3 31,970 33.951 4 39 466 38.025 5 45,011 43.729 Crime Scene Investigator Grade 931 $31,117 30.502 1.1 32,671 31.722 2 3678 34.260 3 38,81 -7 37.686 4 43,171 42.208 6 49;995 Examiner Grade 932 —153— 4 4.1 (Examiner Trainee) $35,020 43.474 44 5 367430 45.648 2 6 397345 49.300 3 7 43;280 54.230 4 8 48473 59.653 5 55,744 —153— Page 15 of 30 (k) Pay Plan 1000. Pay Plan 1000 will include positions focused on delivery of engineering services, except those in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 1000 are as follows: Pay Plan 1000 Engineers /Engineering Services (FLSA Overtime Ineligible) 3% Effective 8/6/2007 613 X39,913 $54,506 $69,098 615 43,903 60,099 76,295 616 48,732 66,710 84,688 617 54,094 74,049 94,003 618 60,585 82,935 105,285 t SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -306, is amended to read as follows: Sec. 39 -306. Full -time employees. Full -time employee means any employee in a regularly budgeted position routinely assigned to work forty (40) base hours per seven -day work period, excluding temporary employees. (a) Full -time employees shall: Be paid at an hourly or salaried rate approved by the city manager consistent with the employee's classification; u Be eligible for City benefits, as provided in specific sections of this article. (1) Contribute to Social Security. L) Participate in the City's retirement plan. SECTION 5. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -307, is amended to read as follows: —154— Page 16 of 30 Sec. 39 -307. Part-time employees. Part-time employee means any employee in a regularly budgeted position routinely assigned to work less than forty (40) base hours per seven day work period. (a) . Part-time ineligible employees routinely assigned to work less than twenty (20) base hours per seven day work period shall: (1) Shall be Be paid at an hourly rate approved by the city manager consistent with the employee's classification; (32) Shall-net Not be eligible for city benefits; et Zt (3) Participate in the FICA Alternative Plan in lieu of contribution to Social Security. (b) Part-time eligible employees routinely assigned to work twenty (20) or more base hours per seven day work period shall: (1) Shall -be Be paid at an hourly rate approved by the city manager consistent with the employee's classification; (32) Shall-be Be eligible for holiday, vacation, sick leave, and personal leave accrual that is prorated based on hours worked in comparison to forty (40) base hours, and other benefits as provided in specific sections of this article; (3) Participate in the City's retirement plan, and are exempt from contribution to Social Security. SECTION 6. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -308, is amended to read as follows: Sec. 39 -308. Temporary employees. Temporary employee means any employee hired for a fixed term or to perform a specific task. Temporary employees shall_ —155— Page 17 of 30 (a) Be paid at an hourly rate approved by the city manager consistent with the employees' classification; (b) Not be eligible for city benefits. (cam Participate in the FICA Altemative Plan, in lieu of contribution to Social Security. SECTION 7. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -309, is amended to read as follows: Sec. 39 -309. Coverage under the city's group health plan for eligible employees and members of the city council. (a) Full -time employees are eligible for group health plan coverage as defined by the city manager at the employee monthly cost of thirty -one dollars and sixty -eight cents ($31.68). 1. Part-time employees routinely assigned to work twenty -five (25) or more base hours per seven day work period who were employed by the city prior to August 1. 2008 and who were participating in the City's group health insurance plan as of July 31, 2008 are eligible for group health plan coverage as defined by the City Manager, and shall contribute fifty (50) percent of the City's cost for employee only coverage, if such coverage is elected. 2. If a part-time employee covered by provision (a) 1 above drops coverage, the employee will no longer be eligible for such coverage. 3. Part-time employees, other than as provided in (a) 1 above, are not eligible for group health plan coverage. (b) Full -time employees shall contribute fifty (50) per cent of the cost for dependent group health plan coverage, if such coverage is elected. t Part-time eligible employees, eligible to participate in the group health plan as provided in (a) 1 above, shall contribute seventy -five (75) per cent of the cost of dependent group health plan coverage, if such coverage is elected. (c) Members of the city council are eligible for the city's group health plan coverage, and shall contribute at the same rate as full -time employees for the cost of such coverage. (d) Members of the city council shall contribute fifty (50) per cent of the cost for dependent group health plan coverage, if such coverage is elected. —156— Page 18 of 30 SECTION 8. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -310, is amended to read as follows: Sec. 39 -310. Term .life insurance. The city shall continue to pay one hundred (100) per cent of the cost for fifty thousand dollars ($50,000.00) basic term life insurance for all employees holding positions in the Pay Plan 400 (Executives) and shall continue to make available additional term life insurance for these employees on an optional basis at personal expense. Other Full -time employees shall receive the basic ten thousand dollars ($10,000.00) of term life insurance or a greater amount of basic life insurance as determined by the city manager in accordance with the budget, provided by the city, and shall have the option to purchase supplemental term life insurance at personal expense. 1. Part-time employees routinely assigned to work twenty -five (25) or more base hours per seven day work period who were employed by the city prior to August 1, 2008 and who were covered by the City's term life insurance plan as of July 31, 2008 will continue to be covered as defined above. If a part-time employee covered by this provision ends employment with the City, the employee will no longer be eligible for such coverage if rehired. SECTION 9. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -311, is amended to read as follows: Sec. 39 -311. Disability income protection plan. Employees Full -time employees who are assigned to Leave Plan I shall automatically be members of the city's disability income protection plan and eligible to apply for extended benefits under that plan. Employees at age sixty -five (65) may decline or discontinue participation. The member employee and the city shall share in the cost of any level of coverage on a percentage basis as defined by the city manager. 1. Part-time employees routinely assigned to work twenty -five (25) or more base hours per seven day work period who were employed by the city prior to August 1, 2008 and who were covered by the City's disability income protection plan as of July 31, 2008 will continue to be covered as defined above. If a part-time employee covered by this provision ends employment with the City, the employee will no longer be eligible for such coverage if rehired. SECTION 10. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -324, is amended to read as follows: -157- Page 19 of 30 Sec. 39 -324. Holidays. (a) The city has seven (7) official holidays for city employees eligible for benefits: New Year's Day January 1 Memorial Day Last Monday of May Independence Day July 4 Labor Day First Monday of September Thanksgiving Day Fourth Thursday of November Day After Thanksgiving Day Friday After Fourth Thursday of November Christmas Day December 25 (b) When a holiday listed above falls on a Sunday, the following business day shall be considered a holiday. When any holiday listed above falls on a Saturday, the preceding Friday shall be considered a holiday. In addition to the above, any day may be designated as a holiday by proclamation of the mayor, upon approval of the city council. (c) Part-time employees routinely assigned less than twenty (20) base hours per seven day work period and all temporary employees shall not be compensated for holidays, except for time actually worked,Germpeflsatien -fer which will be one and one -half (1 1/2) times the straight time rate. (d) Holiday pay is defined as equivalent to eight (8) hours of work, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty -eight (48) hours off. Holiday pay and holiday compensatory time for these airport public safety officers will be counted as twelve (12) hours per day with a shift equal to twenty-four (24) hours. Further exceptions to a holiday defined as equivalent to eight (8) hours of work may be granted by the city manager or designee for employees who are assigned to a work schedule that exceeds eight (8) hours per day. (e) Employees on leave of absence without pay status on a scheduled workday immediately preceding or following a holiday shall not receive pay for the holiday. (f) No sick leave the scheduled workday before, the day of, or the day after a city designated holiday will be granted to any person without a certification from a health care provider that verifies the leave is or was necessary for medical reasons. This certification must be provided by the close of the pay period in which the holiday occurred. SECTION 11. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -325, is amended to read as follows: —158— Page 20 of 30 Sec. 39 -325. Leave Plan I employees defined. Leave Plan I applies to: (a) eligible employees hired on or after August 1, 1988, and (b) eligible employees hired prior to August 1, 1988, who timely elected to participate in Plan I. These employees may be referred to herein as "Plan I employees ". Plan I employees shall not include: (1) ineligible part-time employees routinely assigned base hours of less than twenty (20) per seven day work period, (2) temporary employees, and (3) Plan II employees who return to work under the city's reduction -in -force policy. SECTION 12. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -326, is amended to read as follows: Sec. 39 -326. Plan I vacation leave accrual. (a) Plan I employees, except for airport public safety officers who work a shift of twenty - four (24) hours on and forty -eight (48) hours off, eam vacation leave on the basis of twenty -six (26) biweekly pay periods and forty (40) base hours per week, or if base hours are less than forty (40) hours per week, on a pro rated basis. Accrual rates are as follows: Plan I Vacation Leave Accrual Years of Service Hours Per Year Less than 6 years of service 88 Beginning the 6th year 104 Beginning the 11th year 120 Beginning the 16th year 144 Beginning the 21st year 168 Beginning the 26th year 200 Beginning the 31st year 240 (b) Airport public safety officers who work shifts of twenty-four (24) hours on and forty - eight (48) hours off eam vacation leave on the basis of twenty-six (26) biweekly pay periods. For a airport public safety officer working twenty -four (24) hours on and forty- eight (48) hours off to be absent from work on vacation leave for one shift twenty -four (24) hours, two (2) twelve -hour days of accrued vacation leave must be taken. Accrual rates are as follows: —159— Page 21 of 30 Plan I Vacation Leave Accrual for Public Safety Officers (Shift Defined as 24 Hours; Day Defined as 12 Hours) Years of Service Hours Per Year Less than 6 years of service 132 Beginning the 6t year 156 Beginning the 11th year 180 Beginning the 16th year 216 Beginning the 21st Year 252 Beginning the 26th year 300 Beginning the 31st year 360 SECTION 13. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -330, is amended to read as follows: Sec. 39 -330. Plan I accumulation and carryover of vacation leave. (a) Vacation leave credit may be accumulated by Plan I employees, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty -eight (48) hours off, to a maximum of two hundred forty (240) hours or if base hours are less than forty (40) hours per week, on a pro rated basis, plus their current annual accrual rate during the calendar year. Vacation accrual that exceeds two hundred forty (240) hours as of the last pay period of the calendar year will be forfeited if not used prior to that date. The city manager, or designee, may authorize exceptions based on extraordinary circumstance, work requirements, or for other purposes deemed beneficial to the city service. (b) Vacation leave credit may be accumulated by airport public safety officers, who work shifts of twenty-four (24) hours on and forty -eight (48) hours off, up to a maximum of three hundred sixty (360) hours or if base hours are less than forty (40) hours per week, on a pro rated basis, plus their current annual accrual rate during the calendar year. Vacation accrual which exceeds three hundred sixty (360) hours as of the last pay period of the calendar year will be forfeited if not used prior to that date. The city manager, or designee, may authorize exceptions based on extraordinary circumstance, work requirements, or for other purposes deemed beneficial to the city service. SECTION 14. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -331, is amended to read as follows: —160— Page 22 of 30 Sec. 39 -331. Plan I payment of accrued vacation leave upon termination, retirement, or death. (a) No more than two hundred forty (240) hours or if base hours are less than forty (40) hours per week, on a pro rated basis, of accumulated vacation credit will be paid to a Plan I employee, except for airport public safety officers who work shifts of twenty - four (24) hours on and forty -eight (48) hours off, or his /her beneficiary upon termination, retirement, or death. No vacation credit shall be paid at termination unless the employee has been employed for period of time in excess of twelve (12) months. (b) No more than three hundred sixty (360) hours or if base hours are less than forty (40) hours per week, on a pro rated basis, of accumulated vacation credit will be paid to an airport public safety officer who works shifts of twenty-four (24) hours on and forty - eight (48) hours off, or his /her beneficiary upon termination, retirement, or death. No vacation credit shall be paid at termination unless the employee has been employed for a period in excess of twelve (12) months. SECTION 15. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -332, is amended to read as follows: Sec. 39 -332. Plan I cash -in of vacation leave. (a) Plan I employees with more than one hundred twenty (120) hours of accrued vacation, or if base hours are less than forty (40) hours per week, on a pro rated basis, except for airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, will be allowed to "cash -in" accrued vacation hours at the rate of eight (8) hours of equivalent pay for each eight (8) hours of vacation actually taken off during the calendar year, up to a maximum of forty (40) hours. (1) Plan I employees, as eligible per items (a) above, who have completed twenty (20) years of service with the City, beginning the 21St year, will be allowed to "cash in" an additional eight (8) hours of accrued vacation for an additional eight (8) hours actually taken off during the calendar year, or if base hours are less than forty (40) hours per week, on a pro rated basis. (b) Airport Plan I airport public safety officers who work shifts of twenty-four (24) hours on and forty -eight (48) hours off, who accumulate more than one hundred eighty (180) hours of vacation, will be allowed to "cash-in" vacation hours at the rate of twelve (12) hours of equivalent pay (equal to one (1) day) for each twelve (12) hours of vacation actually taken off during the calendar year, up to a maximum of sixty (60) hours. f 1l Plan I airport public safety officers, as eligible per items (b) above, who have completed twenty (20) years of service with the City, beginning the 21st year, will be allowed to "cash in" an additional twelve (12) hours of accrued —161— Page 23 of 30 vacation for an additional twelve (12) hours actually taken off during the calendar year. SECTION 16. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -333, is repealed and codified at new Section 39 -366: SECTION 17. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -334, is repealed and codified at new Section 39 -367: SECTION 18. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -335, is amended to read as follows: —162— Page 24 of 30 Sec. 39 -335. Plan 1 sick leave accrual and accumulation. (a) All eligible Plan I employees, except for airport public safety officers who work a shift of twenty-four (24) hours on and forty-eight (48) hours off, earn and are allowed sick leave at the rate of ninety-six (96) hours for each year of continuous service or if base hours are less than forty (40) hours per week, on a pro rated basis, accrued on the basis of twenty-six (26) biweekly pay periods. Sick leave may be accumulated to a maximum of nine hundred sixty (960) hours. (b) All eligible airport public safety officers who work a shift of twenty-four (24) hours on and forty -eight (48) hours off eam sick leave at the rate of one hundred forty -four (144) hours for each year of continuous service, accrued on the basis of twenty -six (26) biweekly pay periods. Sick leave may be accumulated to a maximum of one thousand four hundred forty (1,440) hours. For airport public safety officers who work a schedule of twenty-four (24) hours on and forty-eight (48) hours off, twelve (12) scheduled working hours shall be counted as one (1) work day with a shift defined as twenty -four (24) hours; therefore, two (2) twelve -hour work days of accrual are required to be paid for one (1) twenty- four -hour shift. SECTION 19. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -339, is amended to read as follows: Sec. 39 -339. Plan I payment of sick leave upon termination. (a) A Plan I employee, with the exception of airport public safety officers who work shifts of twenty-four (24) hours on and forty-eight (48) hours off, who terminates due to any of the following conditions, will be eligible for payment of up to seven hundred twenty (720) hours of accumulated sick leave credit, or if base hours are less than forty (40) hours per week, on a pro rated basis that can be cashed in for the equivalent of up to three hundred sixty (360) hours, or if base hours are less than forty (40) hours per week, on a pro rated basis, of pay at the rate of the employee's last monthly salary or hourly rate: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS); (2) due to disability or service retirement; (3) at age sixty (60) upon completion of a minimum of five (5) years of continuous service; or (4) upon death with payment made to the employee's designated beneficiary. (b) Plan I airport public safety officers, who work shifts of twenty -four (24) hours on and forty -eight (48) hours off, who terminate due to any of the following conditions, will be eligible for payment of up to one thousand eighty (1,080) hours of accumulated sick leave credit that can be cashed in for the equivalent of up to five hundred forty (540) hours of pay at the rate of the employee's last monthly salary or hourly rate: (1) when eligible for retirement under requirements of the Texas Municipal Retirement System Act (TMRS); (2) due to disability or service retirement; (3) at age sixty (60) upon —163— Page 25 of 30 completion of a minimum of five (5) years of continuous service; or (4) upon death with payment made to the employee's designated beneficiary. SECTION 20. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -340, is amended to read as follows: Sec. 39 -340. Plan I cash -in of sick leave. (a) A Plan I employee, except for airport public safety officers who work shifts of twenty - four (24) hours on and forty-eight (48) hours off, who has at least two hundred forty (240) hours of accumulated sick leave, or if base hours are less than forty (40) hours per week, on a pro rated basis, and who has not taken any hours of sick leave in the previous calendar year may cash in up to thirty two forty -eight (48) hours of accumulated sick leave in a calendar year, or if base hours are less than forty (40) hours per week, on a pro rated basis at fifty (50) per cent of salary or hourly rate of pay. (b) An airport public safety officer who works shifts of twenty -four (24) hours on and forty - eight (48) hours off and who has at least three hundred sixty (360) hours of accumulated sick leave, and who has not taken any sick leave in the previous calendar, may cash in up to forty- eight{48) seventy - two (72) hours of accumulated sick leave in a calendar year, at fifty (50) per cent of salary or hourly rate of pay. SECTION 21. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -341, is amended to read as follows: Sec. 39 -341. Leave Plan II employees defined. Leave Plan II employees are those hired prior to August 1, 1988, who have not elected to participate in Plan I. Plan II shall not include (1) ineligible part-time employees routinely assigned to work less than twenty (20) base hours per seven day work period; (2) temporary employees, and (3) employees otherwise covered by the city's reduction in force policy. SECTION 22. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -347, is amended to read as follows: Sec. 39 -347. Plan II cash -in of vacation leave. Plan II employees with more than two hundred forty (240) hours of accrued vacation shall be allowed to "cash -in" accrued vacation hours at the rate of eight (8) hours of equivalent pay for each eight (8) hours of vacation taken off during the calendar year, up to a —164— Page 26 of 30 maximum of forty (40) hours. Plan II employees. who have completed twenty (20) years of service with the City beginning the 21st year will be allowed to "cash in" an additional eight (8) hours of accrued vacation for an additional eight (8) hours actually taken off during the calendar year. * * * SECTION 23. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -349, is repealed and codified at new Section 39 -366: SECTION 24. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -350, is repealed and codified at new Section 39 -367: SECTION 25. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -354, is amended to read as follows: Sec. 39 -354. Plan II cash -in of sick leave. A Plan II employee who has at least seven hundred twenty (720) hours accumulated sick leave and who has not taken - - • - gm sick leave in the previous calendar year, may cash -in up to thirty two (32) forty -eight (48) hours of accumulated sick leave in a calendar year at fifty (50) per cent of salary or hourly rate of pay. —165— Page 27 of 30 SECTION 26. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -358, is amended to read as follows: Sec. 39 -358. Military leave. Any employee who presents official orders requiring his attendance for a period of training or other active duty as a member of the United States Armed Forces, the Texas State Reserve Corps, or the Texas State Guard shall be entitled to military leave with pay for a period or periods not exceeding a total of fifteen (15) working days in any one (1) calendar year, except that aviation public safety officers who work a shift of twenty -four (24) hours on and forty -eight (48) hours off shall receive twelve (12) hours of military leave for each working day therefore requiring two (2) twelve -hour days of military leave to cover one (1) twenty - four -hour shift. Employees who perform and return from military service in the Armed Forces, the Military Reserves, or the National Guard shall have and retain such rights with respect to reinstatement, seniority, vacation, layoffs, compensation, and length of service pay increases as may be from time to time provided by applicable statues statutes of the United States, such as the Uniformed Services Employment and Reemployment Rights Act of 1994, and the State of Texas, and official city policy. SECTION 27. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -363, is amended to read as follows: Sec. 39 -363. Nepotism. (a) No department head shall hire, promote, or make a recommendation, or participate in any deliberation or voting upon any change in status or compensation, of any person related to such department head within the second degree by affinity or the third degree by consanguinity. (1) affinity includes the following: • brother's spouse, sister's spouse, • son -in -law, daughter -in -law, • spouse, • spouse's relatives, o father, mother, o son, daughter, o grandfather, grandmother, o grandson, granddaughter, —1 6 6— Within the second degree by (2) Page 28 of 30 o brother, sister, and, o including all step relations. groat- grandfather, Within the third degree by consanguinity includes: • father, mother, • son, daughter, • grandfather, grandmother, • granddaughter, grandson, • sister, brother, • aunt, uncle. • niece, nephew, • great grandson, great granddaughter, and • great grandmother, great grandfather. (b) The ending of a marriage by divorce or the death of a spouse ends relationships by affinity created by that marriage unless a child of that marriage is living, in which case, for the purposes of this section only, the relationship by affinity is considered to continue as long as a child of that marriage lives. (b c) If an employee is related to the department head within the second degree by affinity or the third degree by consanguinity, decisions affecting the employee's status or compensation will be made by the city manager, or designee. (e d) No employee will be allowed to serve as the immediate supervisor of any of his /her relatives as listed in items (1) and (2) above. SECTION 28. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -366, is added to read as follows: Sec. 39 -366. Personal Leave. (a) Effective August 1 of each year, each full -time employee shall receive forty (40) hours of personal leave to be used under guidelines promulgated by the city manager, or designee, except for airport public safety officers who work shifts of twenty -four (24) hours on and forty -eight (48) hours off, who shall receive sixty (60) hours of personal leave. (b) Part-time employees assigned base hours of twenty (20) or more hours per week shall be eligible for personal leave accrual that is prorated based on hours worked in comparison to forty (40) base hours. —167— (c) Personal leave hours must be requested and accrual, but are non - cumulative. Page 29 of 30 approved in advance like vacation (d) Personal leave must be taken within the fiscal ye u Personal leave may be used within the first six city. SECTION 29. Chapter 39, PERSONNEL, Article Classification System of the Code of Ordinances of Section 39 -367, is added to read as follows: Sec. 39 -367. Bereavement Leave. ar received. (6) months of employment with the III. Employee Compensation and the City of Corpus Christi, Texas, Upon the employee's request due to the death of an immediate family member, up to twenty -four (24) hours of bereavement leave shall be granted to employees by the department head, or designee, except for public safety officers who work shifts of twenty -four (24) hours on and forty -eight (48) hours off who shall be granted up to thirty -six (36) hours. (_b) Part-time employees assigned base hours of twenty (20) or more hours per week shall be eligible for bereavement leave that is prorated based on hours worked in comparison to forty (40) base hours. (c) Immediate family shall include the employee's parents, spouse, children, brothers, sisters, mother -in -law, father -in -law brothers -in -law, sisters -in -law, son -in -law and daughter -in -law, employee's or spouse's step- mother and step- father, employee's or spouse's grandparents and grandchildren. Exceptions for family relations not identified in this list may be granted by the citv manager on a case-by-case basis. Ld,) Employees who receive bereavement leave shall provide a copy of the obituary, or other related documentation, to their department head. SECTION 30. This Ordinance is effective upon final adoption by the City Council. Adjustments to salary ranges of Pay Plans within this Ordinance and concurrent pay increases for applicable employees will become effective August 4, 2008, as indicated on individual Pay Plans in Section 39 -303 of the Code of Ordinances SECTION 31. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. —168— Page 30 of 30 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary Henry Garrett Mayor APPROVED AS TO FORM J Lt /y 7 , 2008 Jennifer A. Knox - Walker Assistant City Attorney for City Attorney —169— 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 15, 2008 AGENDA ITEM: In support of the FY 2008 -09 Proposed Budget which includes fee and rates increases and new proposed fees and rates. A. First Reading Ordinance amending the Code of Ordinances, Chapter 21, Article IV, Section 21 -40, by revising solid waste resource recovery fees; enacting a cart delivery fee; providing an effective date; providing for severance; providing for publication; and providing for penalties. B. First Reading Ordinance amending section 2 -79 "fees," of the Code of Ordinances, by repealing the annual nonresident library fee, providing for a library photocopy fee of $0.15 per page, and reinstating a library collection fee of $10 for accounts referred to collection; providing for an effective date; providing for severance; and providing for publication. C. First Reading Ordinance amending the Code of Ordinances, Chapter 55, Utilities, regarding water, gas and wastewater rates and fees; providing for severance; providing an effective date; and providing for publication. D. First Reading Ordinance amending the Code of Ordinances, Chapter 35, Article V, Section 35 -117, entitled "Annual Well Inspections," by revising the fees; providing for an effective date; providing for severance; providing for publication; and providing for penalties. E. First Reading Ordinance amending the Code of Ordinances, Chapter 55, Article I, regarding increased 9 -1 -1 service fees; providing an effective date; providing for severance; and providing for publication. F. Resolution authorizing adjustment of Parks, Recreation, Cultural, and Leisure Time activities rental and recreational fees; adding new rental fees and recreational fees for fiscal year 2008 -2009; providing for publication; providing for effective date; and providing for severance. ISSUE: The Proposed FY 2008 -09 Budget includes estimated revenues generated from increased fees /rates and new fees /rates necessary to fund specific projects and /or cover existing operating costs. —173— PREVIOUS COUNCIL ACTION: July 8, 2008 — Proposed Budget Public Hearing REQUIRED COUNCIL ACTION: Approval of the ordinances and resolutions described. RECOMMENDATION: Approval of the ordinances and resolutions as presented. Eddie Houlihan Assistant Director of Management and Budget —174— AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 21, ARTICLE IV, SECTION 21-40, BY REVISING SOLID WASTE RESOURCE RECOVERY FEES; ENACTING A CART DELIVERY FEE; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 21, Article IV, Section 21-40, of the Code of Ordinances is amended by revising the resource recovery fees set out in the table in subsection (a), including enacting a cart delivery fee, and revising subsection (d)(2) to read as follows: "Sec. 21-40. Charges - -For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from solid waste services department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal /state surcharges or fees specified in section 21 -20 and state and city taxes. The charges for collection services are: Type Description Minimum Charge Per Month or Fraction Thereof Collection (1) One - family dwelling $11.95 $15.91 (2) Two - family dwelling on one (1) water and /or gas $2940 meter $31.82 (3) Two - family dwelling on separate water and /or $44-95 gas meters $15.91 each unit (4) Apartment $14-95 $15.91 per unit (5) One - family dwelling and single apartment on one $29-90 (1) water and /or gas meter $31.82 (6) Apartment house, travel trailer park, or $11.95 manufactured home park on one (1) water and /or gas meter $15.91 per unit —175— (7) Apartment house, travel trailer park, or manufactured home park--Each apartment, travel trailer pad, or manufactured home site on separate water and /or gas meter $1495 $15.91 per unit (8) Additional charge for rear door pickup on any type above $11.86 per unit (9) Additional loads of heavy brush or bulky item at time of scheduled heavy brush or bulky item collection $58.30 per load (10) Surcharge for bulky item pickup $10.00 per item (11) Special non - scheduled heavy brush, clean wood, waste, debris, or bulky items pickup, including pickup of heavy brush and debris set out more than two (2) weeks prior to the scheduled pickup or brush or debris that is a traffic, safety, or health hazard Actual cost not to exceed $200.00 per load (12) Recycling containers: Each solid waste services customer account will pay a fee for recycling containers that will be refunded upon termination of the account and return of the recycling containers $6.00 per container (13) Surcharge for tires set out for collection $ 5.00 per tire (14) Garbage cart delivery fee - assessed for every $ 10.00 per cart second residential cart delivered and every third commercial cart delivered per account "(d) A business and commercial institutions establishment and any other occupied premises located within the City of Corpus Christi, except a residence covered by subsections (a) and (b) of this section, shall be charged for collection services by the department at a rate determined by the director based on the following: "(2) The director may not set a rate below - ($29.90) thirty -one dollars and eighty -two cents ($31.82) a month (the minimum rate), plus any applicable state disposal fees and state and city taxes." EHord23B.doc —176— Page 2 of 4 SECTION 2. The provisions of this ordinance take effect on August 1, 2008. SECTION 3. 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 definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. EHord238.doc —177— Page 3 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and was finally passed on this the day of 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 7, 2008 A Eliz b th R. Hundle Assi ant City Attorney for the City Attorney EHord238.doc —178— Henry Garrett Mayor Page 4 of 4 AN ORDINANCE AMENDING SECTION 2 -79 "FEES," OF THE CODE OF ORDINANCES, BY REPEALING THE ANNUAL NONRESIDENT LIBRARY FEE, PROVIDING FOR A LIBRARY PHOTOCOPY FEE OF $0.15 PER PAGE, AND REINSTATING A LIBRARY COLLECTION FEE OF $10 FOR ACCOUNTS REFERRED TO COLLECTION; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 2 -79 "Fees," of the Code of Ordinances, is amended to read as follows: "Sec. 2 -79. Fees "(a) Overdue fees: * * * "(b) Annual nonresident library fee $25.00 (3) at the Coast Cuard Station, Port Aransas, Texas. "(s12) Collection fee $10.00 Any account of twenty -five ($2500) or more that is unpaid for 60 days or more, and is referred for collection to a private vendor shall be assessed a ten dollar ($10.00) collection fee. "(c) Photocopy fee, per page $0.15" SECTION 2. The fees established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after August 1, 2008. SECTION 3. 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. —179— SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. -180- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: July 2, 2008 By: Y,+j tte A *: stant City Attorney For City Attorney —181— ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, UTILITIES, REGARDING WATER, GAS AND WASTEWATER RATES AND FEES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55 -50 of the Code of Ordinances is amended by revising it to read as follows: "Sec. 55 -50. Schedule of water rates. "(a) Base rates for water service "The rates for water service are as follows: "(1) Monthly Minimum Charges "a. Metered Treated Water Customers "1. Inside City Limits Meter Size (Inches) August 1, August 1, 2007 to July 31, 2008 to July 31, 2008 2009 Residential 5/8" - 3/4" $4,602 $8.55 Commercial 5/8" - 3/4" 10.972 12.33 Residential & Commercial 1" 17.512 18.50 1 -1/2" 29:428 30.84 2" 45,746 61.67 H: \LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —182— Meter Size (Inches) Asst -47 2007 to July 4; 2008 August 1, 2008 to July 31, 2009 2009 3" $164.251 $98.67 4" 187.393 197.34 6" 281.558 308.35 8" and larger /122.911 616.70 Residential & Commercial Large Volume 1" Any size 14,257,771 16.028.00 1-1/2" 59 "2. Outside City Limits Meter Size Asst -1, 2007 to July 31, August 1, 2008 to July 31, 2006 2009 Residential 5/8" - 3/4" $ 1 $ 10.26 Commercial 5/8" - 3/4" 22.904 14.80 Residential & Commercial 1" 35:935 22.20 1-1/2" 59 37.00 2" 92.464 74.00 3" 329:447 118.41 H \LEG- DIR\Lisa\200B ORDINANCES \Utility rate 3.doc —183— 2 Meter Size Asst 2007 to July44; August 1, 2008 to July 31, 2008 2009 4" $375.7 $236.81 -24 Minimum monthly service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1, 1997' 6" 564878 370.02 8" and larger 816.775 740.04 Large Volume 11.337 12.744 Any size 23,700.510 26.744.00 443.456 127.540 "b. Untreated Water Customers H:\ LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —184— 3 August -1, 20074e July 31, August 1, 2008 to July 31, 2008 2009 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $340.370 $382.631 Minimum monthly service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1, 1997' $207.307 $233.040 Minimum monthly service charge, industrial 340.379 382.631 Minimum monthly service charge, domestic 11.337 12.744 Minimum annual service charge, domestic 443.456 127.540 H:\ LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —184— 3 "1 Minimum monthly charge for Public Agency for Resale Untreated Water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is Tess than $207.307, $233.040 the customer shall be billed $207.307 $233.040 unless a valid water supply contract between the customer and City that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and City executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "(2) Monthly Volume Charges Per 1,000 Gallons "a. Residential Rate "1. Inside City Limits 11 H \LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —185— 4 August-17 2007 to July 31, 2008 First-2T000 Mini Gallons Next % 2.627 13,000 Gallons Next 3.708 45,000 Gallons No 4.538 20,000 Gallons Over 5.507 50,000 Gallons 11 H \LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —185— 4 *Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits 2047 to July 31, 2908 First -21448 Gallons Mini Next 43,000 Gallons $ 5.507 Next 15,000 Gallons 5.507 Next 20,,488 Gallons 5.507 H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —186— 5 August 1, 2008 to July 31 2009 First 2,000 Gallons Minimum* Next 4,000 Gallons 2.795 Next 4,000 Gallons 3.493 Next 5,000 Gallons 4.017 Next 15,000 Gallons 4.891 Next 20.000 Gallons 5.939 Next 50,000 Gallons 6.463 Over 100,000 Gallons 6.987 *Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits 2047 to July 31, 2908 First -21448 Gallons Mini Next 43,000 Gallons $ 5.507 Next 15,000 Gallons 5.507 Next 20,,488 Gallons 5.507 H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —186— 5 Over 50,000 Gallons 5.507 *Use the Minimum Charges in Subsection (a) (1). "b. Commercial Rate "1. Inside City Limits August 1 2008 to July 31. 2009 to July 31, First 2,000 Gallons Minimum* First 2,000 Gallons Next 4,000 Gallons 1.501 Over 2,000 Next 4,000 Gallons 1.876 Gallons Next 5,000 Gallons 2.157 Next 15,000 Gallons 2.626 Next 20,000 Gallons 3.189 Next 50,000 Gallons 3.471 Over 100,000 Gallons 3.752 *Use the Minimum Charges in Subsection (a) (1). "b. Commercial Rate "1. Inside City Limits H: \LEG•DIR \Lisa12008 ORDINANCES \Utility rate_3.doc -187- 6 August-17 2007 to July 31, August 1, 2008 to July 31, 2008 2009 First 2,000 Gallons Minimum= Minimum* Over 2,000 $3.493 Gallons H: \LEG•DIR \Lisa12008 ORDINANCES \Utility rate_3.doc -187- 6 X90 Gallons $ 2.627 August 1, Newt-85790G Gallons -2.338 2008 Next -- 900,,000 Gallons 47778 First 2,000 Gallons Aver1,000,000 Gallons 1.391 Over 2,000 Gallons "* Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits "* Use the Minimum Charges in Subsection (a)(1). H: \LEG- DIR \Lisa\2008 ORDINANCES\Utility rate_3.doc —188— 7 August-1, 2007 to July 31, August 1, 2008 to July 31, 2008 2009 First 2,000 Gallons Mil: &MIMI Minimum* Over 2,000 Gallons $1.876 $-5:4,20 -1.867 3.781 2.063 "* Use the Minimum Charges in Subsection (a)(1). H: \LEG- DIR \Lisa\2008 ORDINANCES\Utility rate_3.doc —188— 7 8 "c. Reserved" "d. Ruh1° ;or Resale Treated Water Rates "1. Treated water rates purchased by- a- public - agency for resale where the water is taken and metered at the site of treatment are hereby set as follows: "' Use the Minimum Charges in Subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through City facilities are hereby set as follows, First 2,000 Gallons Minimum* Over 2,000 Gallons $1.506 "* Use the Minimum Charges in Subsection (a) (1). "e. Large Volume Customers "A commercial customer who agrees to pay for a minimum of 10,000,000 gallons of treated water per month is considered a large volume customer. Once a customer has elected to become a large volume customer, the customer will be billed as a large volume customer until the customer notifies the City and requests reclassification as a commercial customer in H:1LEG- 01R \Lisa12008 ORDINANCES\Utility rate_3.doc —189— August-4, 2007 to July 31, August 1. 2008 to July 31, 2098 2009 First 2,000 Gallons Minimums Minimum* Over 2.000 Gallons $.877 $ 2.538 2.270 1.706 1.317 - -0.876 "' Use the Minimum Charges in Subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through City facilities are hereby set as follows, First 2,000 Gallons Minimum* Over 2,000 Gallons $1.506 "* Use the Minimum Charges in Subsection (a) (1). "e. Large Volume Customers "A commercial customer who agrees to pay for a minimum of 10,000,000 gallons of treated water per month is considered a large volume customer. Once a customer has elected to become a large volume customer, the customer will be billed as a large volume customer until the customer notifies the City and requests reclassification as a commercial customer in H:1LEG- 01R \Lisa12008 ORDINANCES\Utility rate_3.doc —189— writing. However, a commercial customer may not elect to become a large volume customer more than once in any 12 month period. "1. Inside City Limits "* Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits August -1, 2007 to July447 2008 August 1, 2008 to July 31. 2009 2008 First 10,000,000 Gallons Minimum! Minimum* Minimum! Each Additional 1,000 Gallon $ 0.922 $1.647 $4.348 $ 1.506 "* Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits 0* Use the Minimum Charges in Subsection (a)(1). "f. Public Agency for Resale Untreated Water Rates "The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the City executed after January 1,1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the City's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). H:LLEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —190— 9 August -1, 2007 August 1, 2008 to July 31, to July 31, 2008 2009 First 10,000,000 Gallons Minimum! Minimum* Each Additional 1,000 Gallon $4.348 $ 1.506 0* Use the Minimum Charges in Subsection (a)(1). "f. Public Agency for Resale Untreated Water Rates "The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the City executed after January 1,1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the City's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). H:LLEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —190— 9 10 "In addition to the charges for the base rates for water service, established in subsection (a) of this section, a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except Public Agency for Resale Untreated Water customers without a raw water supply contract executed after January 1, 1997. (A Public Agency for Resale Untreated Water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the City or the rate for Public Agency for Resale Untreated Water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)f. of this section.) The RWCA will be based on projected system -wide raw water sales. The RWCA will be calculated on an annual basis according to the following procedures. "(1) Use projected system -wide water sales based on historical consumption and projected growth. "(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. "(3) Include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortized over the duration of the water right agreement. "(5) Budgeted expenditures for capital items shall be included as follows: "a. The expense of acquiring a capital item that cost not more than $100,000 shall be charged in the year in which it is acquired. "b. The expense of acquiring a capital item that cost more than $100,000 shall be amortized over the number of years used to calculate depreciation expenses, with the half -year convention used in the year of acquisition. "(6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. "(7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. "(8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. H: \LEG- DIR\Lisa12008 ORDINANCES \Utility rate_3.doc —191— 11 "(9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and interest earned on debt service surety bonds, is applied as an offset based on annual budgeted amounts. "(10) At fiscal year end, determine the amount of over or under collections that have resulted from differences between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Use of overcollections to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the following fiscal year's RWCA." "(11) Apply the credit for levelized Choke Canyon debt payments to City rate- payers' projected water consumption, and deduct from their RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers. "(121 Where allowed by contract, include a Rate of Return applied to the portion of fund balance applicable to Raw Water based on the previous calendar year's average of the 10 -vear Federal Treasury Bill rate." "(c) Definitions. "'Costs of raw water' is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the City's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: "Construction, including debt service , operation, and maintenance of dams and reservoirs. "Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. "Construction, including debt service, operation, and maintenance of wells. "Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. "Acquisition of new water supplies and water rights. H:\LEG- DIR\Lisa12008 ORDINANCES \Utility rate_3.doc —192— 12 "Payments to the P.L. 104 -318 Alternative Water Supply Acquisition and Facilities Construction Special Fund. "Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. "Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. "Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. "Administrative costs, including overhead and the portion of the City's general administrative costs applicable to the activities enumerated in this definition." SECTION 2. The water rates established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2008. SECTION 3. Article III, Water Rates and Charges, Chapter 55, Code of Ordinances, is amended by adding a new Section 55 -54 and reserving Sections 55 -55 — 55 -59, to read as follows: "Chapter 55 UTILITIES x "ARTICLE III. WATER RATES AND CHARGES "Sec. 55 -54. Water Laboratory Charges. (a) The following fees apply to tests performed at the City's Water Laboratory for other government agencies and private parties: Parameter Fee Total Coliform $15.00 Fecal Streptococcus $20.00 Fecal Coliform $20.00 Hexane Extractable Material $50.00 (HEM) H: \LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —193— 13 Total Organic Carbon $35.00 Specific Ultra- Violet $35.00 Absorption (SUVA) Biochemical Oxygen $30.00 Demand (BOD) Carbonacious Biochemical $32.00 Oxygen Demand (CBOD) Total Suspended Solids $15.00 (TSS) Total Dissolved Solids $20.00 (TDS) Total Kieldahl Nitrogen $35.00 (TKN) Total Nitrate -- Nitrogen $25.00 Total Ammonia — Nitrogen $20.00 Total Phosphorus $25.00 Dissolved Phosphorus $27.00 (b) If a test or laboratory fee is requested that is not listed in subsection (a) of this section, the Water Laboratory should charge a fee that recovers the City's labor, material, and equipment costs. (c) The City Manager may waive fees in the interest of public safety or as the City's contribution to a protect in which the City is involved. (d) The fees in this section shall be adiusted annually on the August 1st of each year to reflect the annual changes in the current U. S. Department of Labor's Consumers Price of Index — All Urban Consumers, not seasonally adjusted, for the Houston- Galveston- Brazoria, Texas, metropolitan service area, through July 1st the each Year. "Secs. -5-54 55- 55-- 55 -59. Reserved. SECTION 4. The fees established in Section 3 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2008. H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —194— 14 SECTION 5. Section 55-61 of the Code of Ordinances is amended to include the classification of customers and schedule of gas rates, which shall read as follows: "Sec. 5541. Classification of customers and schedules of rates. "(a) RESIDENTIAL CUSTOMERS: "(1) Inside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "b. Summer rates (from April Cycle 11 through November Cycle 10) Rate per MCF Monthly Consumption Auk, 2007 August 1 2008 — July 31. 2009 August 1, 2008 — July 31, 2009 Meter Charge $1.00 First 1 MCF (Minimum Bill) 9.260 Next 2 MCF 5.195 Next 7 MCF 3.003 Next 5 MCF 2.621 Next 35 MCF 2.833 All over 50 MCF 2.014 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "b. Summer rates (from April Cycle 11 through November Cycle 10) H: \LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —195— Rate per MCF Monthly Consumption August 1, 2007 July 31, 2008 August 1, 2008 — July 31, 2009 Meter Charge $1.00 First 1 MCF (Minimum Bill) 9.260 Next 2 MCF 5.195 H: \LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —195— 15 Next 5 MCF 3.003 Next 2 MCF 1.507 Next 28 MCF 1.469 All over 38 MCF 1.339 ote: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) Monthly Consumption August 1, 2007 July 31, 2008 August 1, 2008 - July 31, 2009 Meter Charge $1.25 First 1 MCF (Minimum Bill) 11.426 Next 2 MCF 5.824 Next 7 MCF 3.319 Next 40 MCF 3.132 All over 50 MCF 2.184 ote: Rates do not include purchased gas adjustment and sales tax, where applicable "b. Summer rates (from April Cycle 11 through November Cycle 10) H: \LEG- DIR \Lisa\2006 ORDINANCES \Utility rate_3.doc -196- Rate per MCF Monthly Consumption August 1, 2008 - July 31, 2009 Meter Charge $1.25 First 1 MCF (Minimum Bill) 11.426 Next 2 MCF 5.824 Next 5 MCF 3.319 H: \LEG- DIR \Lisa\2006 ORDINANCES \Utility rate_3.doc -196- 16 Next 30 MCF 1.656 All over 38 MCF 1.424 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(b) GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates: "(1) Inside City Limits "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits Rate per MCF Monthly Consumption Auguct 1, 2007 July 31, 2008 August 1, 2008 - July 31, 2009 Meter Charge $8.13 $12.02 First 1 MCF (Minimum Bill) 9.260 Next 2 MCF 5.195 Next 7 MCF 4.853 Next 40 MCF 4.668 Next 50 MCF 2.014 Next 100 MCF 1.679 Next 100 MCF 1.466 Next 700 MCF 1.403 Next 1,000 MCF 1.212 Next 13,000 MCF 1.090 All over 15,000 MCF 1.044 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc -197- Rate per MCF Monthly Consumption Auguct 1, 2007 July 31, 2008 H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc -197- 17 ote: Rates do not include purchased gas adjustment and sales tax, where applicable "(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas fumished and delivered to the meters by the Gas Department of the City): "(1) Inside City Limits August 1. 2008 — July 31, 2009 Monthly Consumption August 1, 2007 July 31, 2008 Meter Charge $10.16 $15.02 $1.00 First 1 MCF First 1 MCF (Minimum Bill) 11.426 Next 2 MCF 5.824 Next 7 MCF 5.469 Next 40 MCF 5.257 Next 50 MCF 2.184 Next 100 MCF 1.572 Next 100 MCF 2.099 Next 700 MCF 1.485 Next 1,000 MCF 1.212 Next 13,000 MCF 1.090 All over 15,000 MCF 1.044 ote: Rates do not include purchased gas adjustment and sales tax, where applicable "(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas fumished and delivered to the meters by the Gas Department of the City): "(1) Inside City Limits H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —198— Rate per MCF Monthly Consumption August 1, 2007 July 31, 2008 August 1, 2008 — July 31, 2009 Meter Charge $1.00 First 1 MCF 15.384 H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —198— 18 (Minimum Bill) Rate per MCF Next 2 MCF 13.912 Next 7 MCF 6.605 Next 30 MCF 2.833 All over 40 MCF 2.014 ote: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits ote: Rates do not include purchased gas adjustment and sales tax, where applicable. "(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates (limited to customers using Tess than 15,000 MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven summer months that exceeds the five winter months in average use, when inspected and approved by the Gas Department, who request in writing to be billed in the summer months on the Summer Incentive Gas Rate Schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): "(1) Inside City Limits Rate per MCF H \LEG- DIR \Lisat2008 ORDINANCES \Utility rate_3.doc -199- Rate per MCF Monthly Consumption August 1, 2008 - July 31, 2009 Meter Charge $1.25 First 1 MCF (Minimum Bill) 18.479 Next 2 MCF 15.892 Next 7 MCF 7.489 Next 30 MCF 3.132 All over 40 MCF 2.184 ote: Rates do not include purchased gas adjustment and sales tax, where applicable. "(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates (limited to customers using Tess than 15,000 MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven summer months that exceeds the five winter months in average use, when inspected and approved by the Gas Department, who request in writing to be billed in the summer months on the Summer Incentive Gas Rate Schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): "(1) Inside City Limits Rate per MCF H \LEG- DIR \Lisat2008 ORDINANCES \Utility rate_3.doc -199- 19 Monthly Consumption August 1, 2007 —1,-20;o August 1, 2008 —July 31, 2009 Meter Charge Meter Charge $8:13- $12.02 First 1 MCF (Minimum Bill) First 1 MCF (Minimum Bill) Next 2 MCF 9.259 Next 2 MCF 5.469 5.194 Next 7 MCF Next 150 MCF 4.853 Next 40 MCF 1.485 3.551 Next 150 MCF 1.507 Next 300 MCF 1.403 Next 500 MCF 1.212 Next 14,000 MCF 1.090 All over 15,000 MCF 1.044 ote: Rates do not include purchased gas adjustment and sales tax, where applicable. "(2) Outside City Limits Monthly Consumption August 1, 2007 July 31, 2008 August 1, 2008 — July 31, 2009 Meter Charge $4g.16 $15.02 First 1 MCF (Minimum Bill) 11.426 Next 2 MCF 5.824 Next 7 MCF 5.469 Next 40 MCF 3.993 Next 150 MCF 1.656 Next 300 MCF 1.485 H:1LEG- DIR \Lisa\2008 ORDINANCES\Utility rate_3.doc —200— 20 Next 500 MCF 1.276 Next 14,000 MCF 1.131 All over 15,000 MCF 1.044 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(e) PURCHASED GAS ADJUSTMENT. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the City following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss & unaccounted -for factors. Additional fees and charges paid to the supplier, which are necessary for the City to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over 15,000 MCF in one month, and who receive gas from the City's distribution system at the same pressure base at which the City receives the gas from its supplier (14.65 psi), shall be billed 2.05% less per MCF for purchased gas adjustment than the General Customer Rate Schedule. "(f) INTERRUPTIONS. Deliveries of gas to Commercial or Industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction." SECTION 6. The gas rates established in Section 5 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2008. SECTION 7. Section 55 -100 of the Code of Ordinances is amended to include the classification of customers and schedule of wastewater rates, which shall read as follows: "Sec. 55 -100. Schedule. "(a) The monthly charge to be paid by users of sewer service furnished by the City's municipal sewer system, except as otherwise provided in Articles VII and XI of Chapter 55, shall be based on the amount of water used by the user according to the following rates: H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —201— Classification August-47 2007-4e du 10l, 2008 August 1, 2008 to July 31, 2009 Inside City Limits One - family minimum monthly charge (first 2,000 gallons) $- 154986 $ 18.879 Inside City Limits One - family per 1,000 gallons over 2,000 $3 78232 $3.817 Inside City Limits One - family maximum monthly charge (Up to 25,000 gallons) 90.340 106.67 Outside City Limits One - family minimum monthly charge (first 2,000 gallons) 33.668 23.599 Outside City Limits One - family per 1,000 gallons over 2,000 6.808 7.634 Outside City Limits One - family maximum monthly charge (Up to 25,000 gallons) $490:308 $199.181 Inside City Limits Commercial minimum monthly charge (first 2,000 gallons) 25.583 26.862 H: \LEG- DIR\Lisa\2008 ORDINANCES\Utility rate_3.doc —202— 21 22 Classification August -17 2947 -te July 31, August 1, 2008 to July 31, 2488 2009 Inside City Limits Commercial per 1,000 gallons over 2,000 2420 2.856 Outside City Limits Commercial minimum monthly charge (first 2,000 gallons) 51 -1.68 33.578 Outside City Limits Commercial per 1,000 gallons over 2,000 5.447 $5.718 "(b) The amount of water used to compute the monthly bills to one family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions a. Winter Averaging Wastewater Charge Period - the period of water and wastewater service during the three complete consecutive reading periods commencing on or after December 1 of each year. Using the three complete consecutive reading periods, the City shall establish monthly wastewater service charges for customers based upon their average monthly water consumption. The customer must receive wastewater service at one location during the three consecutive reading periods in order to establish a "winter average ". b. Winter Average -- The monthly wastewater usage established by the City of Corpus Christi during the "winter averaging wastewater charge period ". This usage is the basis for monthly billings which apply to service before and including July 31 of each year. Billings which apply to service after July 31 will reflect wastewater usages based on the previous "winter averaging wastewater charge period ". c. Interim Average -- The monthly wastewater usage established by the City for individual customers who have not established a "winter average ". H:\LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc -203- 23 The "interim average" shall be recalculated each year based on the total "winter average" consumption of all customers subject to winter averaging divided by the number of winter averaging customers, and shall be the basis for monthly billings until a "winter average" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service Area — the geographic region served by the City's wastewater system. (2) Winter Average Criteria a. "Winter Average" charges shall apply to one - family residential customers only. b. The "winter average" shall be based on a customer's average water consumption for three complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. c. The following method will be used to calculate a customer's "winter average ". 1. Add the three winter months water consumption to get total water consumption. "2. Divide three month usage amount by 3 to get winter average usage. Such winter average usage shall be limited to a maximum of 25,000 gallons. "d. Using the winter average usage, apply the applicable rates established in subsection (a) of this section to calculate the customer's wastewater bill for each month until a new average is established (or rates are changed. "e. New and Relocating Customers; Adjustments "1. Customers new to the service area, who have not established a "winter average ", shall be billed at the "interim average" rate. "2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. "3. Customers who are relocating within the service, area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. H:1LEG- DIR\Lisat2008 ORDINANCES\Utility rate_3.doc —204— 24 "4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the Director of Finance or the Director's designee may adjust the wastewater bill. "(3) Administrative change in rates. "a. Annually the City Manager shall calculate base revenues from single - family residential wastewater customers. Base revenues shall equal the prior year's actual revenues from single - family residential wastewater customers, adjusted for f subsequent actual rate increases, and for any increase in the single - family residential wastewater customer base. For this purpose, a year shall run from -June 1 through May 31. "b. The City Manager shall annually, based upon the Winter Average wastewater usage determined during the Winter Averaging Wastewater Charge Period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the Adjusted Rate will produce an amount equal to the base revenues. "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of 562 parts per million or less by weight of chemical oxygen demand index, 250 parts per million or Tess by weight of biochemical oxygen demand index, and 250 parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in Section 55- 148." SECTION 8. The wastewater rates established in Section 7 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2008. SECTION 9. Section 55 -148 of the Code of Ordinances is amended to include the schedule of values used to determine the abnormal wastewater surcharges. Section 55- 148(a)(6) and (8) shall read as follows: "Sec. 55 -148. Fees. "(a) Abnormal wastewater surcharge. z "(6) Computations of each surcharge, as applicable, shall be based on the following: "S = V x 8.34 x X x (COD -562) "S = V x 8.34 x Y x (BOD -250) H:\LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —205— 25 "S = V x 8.34 x Z x (TSS -250) "S = Surcharge in dollars for the billing period. "V = Water consumption in millions of gallons during the billing period. "8.34 = Weight of water in pounds per gallon. "X = Unit charge in dollars per pound for COD as established subdivision (8) of this subsection. "Y = Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. "Z = Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. "COD = Chemical oxygen demand strength index in parts per million by weight, or mg /I. "BOD = Five -day biochemical oxygen demand strength index in parts per million by weight, or mg /I. "TSS = Total suspended solids strength index in parts per million by weight, or mg /I. "250 = Normal BOD and TSS strength in parts per million by weight, or mg/I. "562 = Normal COD strength in parts per million by weight, or mg /I. r w • * "(8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are:" Value August 1, 2007 August 1. 2008 to to July 31, July 31 2008 2009 X (unit charge in dollars per pound of COD) $0.0000 $0.0000 Y (unit charge in dollars per pound of BOD) 0 72944 0.3091 H:\LEG- DIR \Lisa\2006 ORDINANCES \Utility rate_3.doc —206— 26 Z (unit charge in dollars per pound of TSS) 0.2113 0.2219 SECTION 10. The values used to determine the abnormal wastewater surcharges established in Section 9 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2008. SECTION 11. 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 12. 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. H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc -207- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor Approved as to form: July 9, 2008 By: x_ ��� ;�•: mss: Lisa Aguilar; Assistant City Attorney for City Attorney H: \LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc -208- 27 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 35, ARTICLE V, SECTION 35 -117, ENTITLED "ANNUAL WELL INSPECTIONS," BY REVISING THE FEES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 35, Article V, Section 35 -117, entitled "Annual Well Inspections," of the Code of Ordinances of the City of Corpus Christi is amended by revising the fees to read as follows: "Sec. 35 -117. Annual well inspections, fee. There is hereby levied an annual inspection fee of four hundred dollars ($400) for every land well and ($350.00) seven hundred dollars ($700) for every marine area well that has been spudded but not plugged and abandoned on January 1 of each year and for which a permit is required by this chapter, which shall be due and payable during the month of January each calendar year, and a failure to pay such fee shall be cause for revocation of any permit issued under this chapter. The superintendent will prepare an annual well inspection report which shall be submitted to the operators prior to January 1 of each year." SECTION 2. The provisions of this ordinance take effect on August 1, 2008. SECTION 3. 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 definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. EHord236.doc —209-- That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and was finally passed on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED as to form: July 3, 2008 ip Eliza/ th R. Hundle , Assi ant City Attorney for the City Attorney EHord236.doc Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2008. —210— Henry Garrett Mayor AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, REGARDING INCREASED 9 -1 -1 SERVICE FEES; PROVIDING AN EFFECTIVE DATE OF AUGUST 1, 2008; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi City Code of Ordinances, Chapter 55, Utilities, Article 1, General, Section 55 -7, is amended to read as follows: "Sec. 55 -7. Local exchange access line 9 -1 -1 service fee. (a) Definitions. The following words, terms, and phrases, when used in this section, shall have the meanings ascribed to them in this subsection, except where the context clearly indicates a different meaning: City means the City of Corpus Christi. Federal service user means a service user with local exchange access line service dedicated to and paid for by the federal government for official federal use only. Local exchange access line or equivalent local exchange access line means the physical voice grade telecommunications connection or the cable or broadband transport facilities, or any combination of these facilities, between an end user customer's premises, and a service provider's network that, when the digits 9 -1 -1 are dialed, provides the end user customer access to a public safety answering point through a permissible interconnection to the dedicated 9 -1 -1 network. Each such connection (e.g. individual channel) provided to an end user customer shall constitute a separate "local exchange access line" or "equivalent local exchange access line." A service provider that bills federal subscriber line charges on all its retail lines and services to all its end user customers may use the federal subscriber line charge as an alternative definition and may bill, collect, and remit 9 -1 -1 emergency service fees on that basis. The term does not include coin - operated public telephone operating equipment, public telephone equipment operated by card reader, commercial mobile radio service that provides access to a paging or other one -way signaling service, a communication channel suitable only for data transmission, a line from a telecommunications service provider to an Internet service provider for the Internet service provider's data modem lines used only to provide its Internet access service and that are not capable of transmitting voice messages, a wireless roaming service, wireless service provider, or other nonvocal commercial mobile radio service, a private telecommunications system, or a wireless telecommunications connection subject to V.T.C.A. Health and Safety Code § 771.0711. 9 -1 -1 service means a telecommunications service through which the user of a public telephone system has the ability to reach the city's public safety answering point by dialing the digits 9 -1 -1. 9 -1 -1 service system means a system of processing emergency 9 -1 -1 calls. H:\LEG- DIR\Lisa\2008 ORDINANCES \9 -1 -1 fees.DOZ1 1 — Public safety answering point means the city communications facility that: (1) Is operated continuously; (2) Is assigned the responsibility to receive 9 -1 -1 calls and, as appropriate, to dispatch emergency response services directly or to transfer or relay emergency 9 -1 -1 calls to other public safety agencies; (3) Is the first point of reception by a public safety agency of a 9 -1 -1 call; and (4) Serves the city. Service supplier means an entity providing local exchange access lines to a service user in the city. Service user means a person or business entity that is provided local exchange access lines in the city. Wireless service provider means a wireless service provider as defined in V.T.C.A. Health and Safety Code § 711.001(12). (b) 9-1-1 emergency service fee. Each service sup tier in the city shall collect a 9 -1 -1 emergency service fee of it "a 'Mr rift* Eief's'1uZ per month for each residential local exchange access line; ens 6r' naiW rreth"V1I & ddre per month for each business local exchange access line; and 4$1.20) titheitlifigatrtifittiVAM per month for each business trunk local exchange access line. The 9 -1 -1 emergency service fee shall be used only for costs attributable to equipment and personnel necessary to operate the city's public safety answering point. (c) Restrictions and limitations on 9 -1 -1 emergency service fee. The 9 -1 -1 emergency service fee imposed by this section is subject to the following restrictions and limitations: (1) The 9 -1 -1 emergency service fee may only be imposed upon service users' local exchange access lines and equivalent local exchange access lines. (2) The 9 -1 -1 emergency service fee may not be imposed upon any coin - operated or coin /card reader operated telephone equipment. (3) a. Each billed service user is liable for the 9 -1 -1 emergency service fee imposed by this section until the fee is paid to the service supplier. b. The fee must be added to and stated separately in the service user's bill from the service supplier. c. The service supplier shall collect the fee at the same time as the service charge to the service user in accordance with the regular billing practice of the service supplier. d. A business service user that provides residential facilities and owns or leases a publicly or privately owned telephone switch used to provide telephone 9 -1 -1 FEES —2 1 2— 2 3 service to facility residents shall collect the 9 -1 -1 emergency service fee and transmit the fees monthly to the city. (4) No service supplier is obliged or authorized to take any legal action to enforce the collection of any billed 9 -1 -1 emergency service fee. (5) No service supplier may disconnect any service user's telephone service for failure to pay the 9 -1 -1 emergency service fee. (6) Each service supplier shall assess a 9 -1 -1 emergency service fee to each service user on a monthly basis and shall remit the collected 9 -1 -1 emergency service fee to the city no later than thirty (30) days after the close of the month in which the 9 -1 -1 emergency service fees were assessed. (7) Each service supplier shall complete a remittance report in the form provided by the city. The remittance report must accompany the remitted 9 -1 -1 emergency service fees. (8) Each service supplier may retain from its remittance to the city no more than two (2) per cent of the collected 9 -1 -1 emergency service fees as its compensation for performing its obligations under this section. (9) Each service supplier shall provide the city with an annual list that includes the amount of all delinquent fees and the name and address of each nonpaying service user. (10) Each service supplier shall retain records of the amount of 9 -1 -1 emergency service fees collected for a period not to exceed two (2) years from the date of collection. (11) The city may audit the records of collected 9-1 -1 emergency service fees from any service supplier. The city will pay for its auditor's costs. (12) All federal service users located in the city are exempt from the 9 -1 -1 emergency service fee. 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 of this ordinance 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. This ordinance takes effect August 1, 2008. 9 -1 -1 FEES —213— 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor APPROVED as to form: July 1, 2008 By: > / ?-t. -x �h .r Lisa Aguilar, Assistant City Attomey For City Attorney 9 -1 -1 fees —214— RESOLUTION AUTHORIZING ADJUSTMENT OF PARKS, RECREATION, CULTURAL, AND LEISURE TIME ACTIVITIES RENTAL AND RECREATIONAL FEES; ADDING NEW RENTAL FEES AND RECREATIONAL FEES FOR FISCAL YEAR 2008 -2009; PROVIDING FOR PUBLICATION; PROVIDING FOR EFFECTIVE DATE; AND PROVIDING FOR SEVERANCE Whereas, Section 36 -3 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new rental rates, or increase of existing rental rates by more than 25 percent, for parks and recreation department facility rental; and Whereas, Section 36 -7 of the Code of Ordinances requires City Council approval by motion or resolution for creation of any new user fees, or increase of existing user fees by more than 25 percent, for parks and recreation department facility use; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Council approves the adjusted rental rates and recreational fees for the parks and recreation department use fees, as shown in Exhibit A, for Fiscal Year 2008 -09. SECTION 2. The City Council approves new parks and recreation department recreational use fees as shown in Exhibit B attached, for Fiscal Year 2008 -09. SECTION 3. This resolution is effective August 1, 2008. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. The City Council intends that every section, paragraph, subdivision, phrase, word and provision of this resolution shall be given full force and effect for its purpose. If any section, paragraph, subdivision, clause, phrase, word or provision of this resolution is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, that judgment shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this resolution. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary APPROVED: July 3, 2008 • .. ' - /11-4 Lisa Aguilar, A istant City Attorney for City Attorney Henry Garrett, Mayor —215— EXHIBIT A FEES INCREASED BY MORE THAN 25% DESCRIPTION FY07 -08 PROPOSED FY08.09 Section 12. MARINA B. Monthly Utility Recovery Fee (includes garbage pickup 7 days/wk and utility maintenance): Craft up to 20 feet in length Pleasure craft $ 5.35 $ 7.75 Commercial craft $ 10.30 $ 14.95 Craft more than 20 feet up to 30 feet Pleasure craft $ 9.85 $ 14.36 Commercial craft $ 14.05 $ 20.40 Craft more than 30 feet up to 40 feet Pleasure craft $ 18.85 $ 27.35 Commercial craft $ 21.50 $ 31.20 Craft over 40 feet up to 70 feet Pleasure craft $ 34.10 $ 49.45 Commercial craft $ 36.90 $ 52.10 Craft over 70 feet up to 100 feet Pleasure craft $ 46.60 $ 67.60 Commercial craft $ 54.10 $ 78.45 Craft over 100 feet Pleasure craft $ 62.50 $ 90.65 Commercial craft $ 75.00 $ 108.75 e, A d c 44.9% 45.1% 46.7% 45.2% 45.1% 45.1% 45.0% 45.1% 46.1% 45.0% 45.0% 45.0% C:\ DOCUME- 1UisaA\LOCALS- 1 \Temp\Fee SCHEDULE FY08 -09 for Council- 21 6- EXHIBIT B NEW FEES DESCRIPTION PROPOSED FY08 -09 Section 1. ATHLETICS High School Varsity Boys & Girls Basketball League S 300.00 /team B. Spring Break Program Teen Trekkers Xtreme Break cam $ 35.00 /youth/week p $ 45.00 /youth/week Section 10. SPECIAL SERVICES A. Rentals Large Special Event Permit $ 250.00 /event C:\D000ME- 1VisaA\ LOCALS- 1Uemp\Fee SCHEDULE FYO8 -09 for Council —21 7 1 Corpus Christi, Texas of 2008 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 -218- 15 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Operation K.E.Y.S. (Keeping Every Youth in School) - A High School Dropout Recovery Effort STAFF PRESENTER(S): Name Title /Position /Organization JoAnn Hooks OUTSIDE PRESENTER(S): Name Director of Education Initiatives Title/Position/Organization 1. D. Scott Elliff 2. Monica Bayarena 3. Bishop Edmond Carmody Superintendent Corpus Christi Independent School District Director of High School Completion Corpus Christi Independent School District Diocese of Corpus Christi ISSUE & BACKGROUND: We live in an age when the ability of an individual to be successful depends largely on his/her education. The success of a community, in turn, depends on having an educated workforce, prepared for jobs with a future. The doors of opportunity will be extremely limited to students who do not complete high school. City leaders must work in part with school districts, community organizations and businesses to reach out to the students who are leaving high school before they receive a diploma. High school dropouts are not only a school district issues; they are a community issue. Operation K.E.Y.S. is a community wide high school dropout recovery effort. This is a pilot initiative developed in partnership with the Corpus Christi Independent School District, the Diocese of Corpus Christi, and the City of Corpus Christi. The effort is highlighted by a community walk scheduled to take place on September 6, 2008. Volunteers will be recruited, trained, and placed on walk teams to go door -to -door to homes of students who have not retur s! to school in an effort to bring them back. The initiative is modeled after a successful program in Houston that has been in place since 2004. It is a simple, efficient program that has produced great outcomes at minimal expense. The Operation K.E.Y.S. Walk is an excellent way to bring awareness to the issue of high school dropouts in our community. It's an opportunity for us to gain a better understanding of the issues and roadblocks that confront many of our students who have left school. This increased awareness will allow us to become more responsive to student needs and craft solutions that enable their return to school. REQUIRED COUNCIL ACTION: Endorse and support the Operation K.E.Y.S. pilot initiative as presented. Powerpoint ✓ Attachment ✓ -222- JoAnn Director of Education Initiatives Operation K.E.Y.S. (Keeping Every Youth in School) 2008 Walk Planning Committee Dr. Nick Adame, President, Council No. 1 - LULAC Sandra Alvarez, Regional Manager — External Affairs - AT &T Texas Monica Bayarena, Director - CCISD Office of High School Completion Nancy Bonilla, Special Projects Coordinator — Workforce Solutions Youth Program Bishop Edmond Carmody, Most Reverend Bishop - Diocese of Corpus Christi Vicente T. Carranza, Community Activist, Organizer, & Speaker Dr. Alma Charles, Director of Career and Technical Education - CCISD Tom Curlee, Consultant - Port Industries of Corpus Christi Tony Elizondo, Vice President of Satellite Operations - Big Brothers / Big Sisters Marci Fischer, Coordinator - CCISD (Office of High School Completion) Patricia Garcia, Director of Community Involvement - CCISD Judge J. A. Gonzalez, Justice of the Peace, Pct. 1, Pi. 1, Nueces County JoAnn Hooks, Director of Education Initiatives — City of Corpus Christi Georg Johnson, Family Education and Involvement - CCISD Lisa Moreno -Leal, President - Corpus Christi Council of PTA's Willie Perez, Commander— American G. I. Forum, Pvt. Felix Longoria Chapter Mary Saenz, Unit Program Specialist — Texas Dept. of Assistive Rehabilitative Services Dr. Gloria R. Scott, Vice President - Corpus Christi Black Chamber of Commerce (Solomon Coles Initiative) Bryan Smith, Police Chief — City of Corpus Christi Janice Sykora, Executive Director — Citizens for Educational Excellence Gloria Taylor, Director of Programs — Communities in Schools Veronica Trevino, Executive Director — Communities in Schools Sylvia Tryon Oliver, President/CEO — Corpus Christi Black Chamber of Commerce Isaac Valencia, Police Lieutenant (Family Violence Bureau) — City of Corpus Christi Valerie Villarreal, Community Services Superintendent — City of Corpus Christi Sheri Washburn, Industry Outreach Program Director — Chamber of Commerce Catrina Wilson, President/CEO — United Way of the Coastal Bend Lorette Winters, Director of Communications — CCISD Kim Womack, Director of Public Information -- tQ®fCorpus Christi 1NI City_ Corpus. Christi Operation K.E.Y.S. "Keeping Every Youth In School A High School Dropout Recovery Effort (Pilot Initiative) D. Scott Elliff, Superintendent Corpus Christi Independent School District Monica Bayarena, Director Office of High School Completion (CCISD) Most Reverend Bishop Edmond Carmody Diocese of Corpus Christi JoAnn Hooks, Director of Education Initiatives City of Corpus Christi 2 High School Dropout Epidemic • One high school student in America drops out every 26 seconds; that's 1.23 million per year • 50% of African American and Hispanic youth fail to graduate on time • Of those who do graduate with a high school diploma, only 1/3 are ready for college • Jobs that require post - secondary education will make up more than 2/3 of new jobs • High school dropouts from the Class of 2006 -2007 will cost the U.S. more than $329 billion in lost wages, taxes and productivity over their lifetimes 3 Dra atic Consequences of Dropping Out • Dropouts are more likely to be: Unemployed Living in poverty Receiving public assistance In prison On death row Unhealthy Have children who drop out Absent from civic lives of their communities • High school dropouts on average earn about i million Tess over their lifetimes than those who graduated from college • Powerful intergenerational social problems that deeply damage entire communities Call to Action • Education = Empowerment and Success • Opportunity is limited to those who do not complete high school • Success of our students is a local community concern • "The key to increasing graduation rates is to stop working in isolation and to start working together." - President and CEO, Marguerite W. Kondracke America's Promise Alliance 5 Operation K.E.Y.S. "Keeping Every Youth In School • A communitywide dropout recovery effort modeled after a successful framework developed by the Houston Independent School District, the City of Houston, and the Houston A+ Challenge • Houston program is in its fourth year • Pilot initiative to be expanded to all districts in Corpus Christi Results from Houston's "Reach Out to Dropouts" Walk 2007 Results: 1,209 Walk Team Volunteers 305 Teams (23 High Schools) 1,741 Site Visits Attempted 686 Face to Face Contacts 751 Door Hangers 60 Students who registered on Walk Day Over the First 3 Years (2004- 2007): 6,000 Volunteers 4,000 Students returned to school 500 Graduated Operation K.E.Y.S. Keeping Every Youth In School • An initiative developed by the CCISD Office of High School Completion in partnership with the City of Corpus Christi and the Diocese of Corpus Christi • One of many tools to be utilized by the CCISD Office of High School completion • Highlighted by a community walk in which teams of CCISD employees and trained community volunteers visit the homes of out -of- school youth to reconnect them with school • Community Walk scheduled September 6, 2008 8 Goals of the Walk • Increase graduation rates in the community • Increase awareness about completing high school • Initiate community partnerships and identify resources to address the dropout problem • Identify and develop alternative education strategies (mentoring efforts, internships, single parent and youth issues programs) • Identify and implement programs to keep youth in school once they return CCISD Annual Dropout Rate Grade 7 -12 2005 -2006 Total Students Dropouts Rate Afr. Am. Hisp. White Econ. Dis. At -Risk 17,865 535 3.0% 4.3% 3.4% 1.5% 2.9% 3.3% Source: Texas Education Agency 10 CCISD Completion Rates Source: Texas Education Agency 11 Class of 2003 Class of 2004 Class of 2005 Class of 2006 Graduated 82.4% 83.8% 83.3% 78.8% GED 5.3% 5.7% 4.4% 2.4% Continued HS 8.7% 7.2% 7.9% 10.1% Dropped Out 3.6% 3.3% 4.4% 8.7% Source: Texas Education Agency 11 Operation K.E.Y.S. Walk Planning • Cost of coordinating the Walk - minimal • Walk Planning Committee — 25 committee members — Commitment as community representatives — Seek /provide funding and in -kind donations — Recruit volunteers —Help advertise the Walk • Community involvement is key 12 Operation K.E.Y.S. Walk Teams • Teams will consist of both CCISD faculty and community volunteers. • CCISD will coordinate volunteer recruitment and training • All volunteers will register prior to the walk. • Volunteers will receive training and be assigned to teams prior to the walk. • The Office of High School Completion will provide teams with names and addresses of out -of- school youth. 13 Operation K.E.Y.S. Before the Walk High school campuses will submit a list of students including contact information of those who have not returned to school. Trained volunteers will attempt to make phone contact with identified students and their parents before the walk. Phone Bank Days: Wednesday, September 3, 2008 Thursday, September 4, 2008 14 Operation K.E.Y.S. Day of the Walk • Each high school campus will send out teams which will be made up of both District employees and community volunteers on the day of the walk. • Teams will provide resources and information to assist students with their return to school. • Teams will ask students to re- enroll in school. • All high school campuses will be open from 7:00 a.m. — 4:00 p.m. to receive and register students. • Teams will return to campuses to report results and submit data collected from all home visits. 15 Operation K.E.Y.S. After the Walk • Data collection and analysis • Follow up by Recovery Specialists, Intervention Counselors, Attendance Officers and campus personnel throughout the year • Feedback and Evaluation of the Walk • On -going support for recovered youth • On -going progress reported in first quarter 2009 at High School Dropout Leadership Summit • All school districts in Corpus Christi encouraged to participate in 2009 16 Time is of the Essence Deadline for students to enroll and not count as a dropout in the state's deadline for accountability: September 26, 2008 Note: A student may enroll after deadline date, but will be counted as a dropout in the State accountability system. 17 • July 15 • Aug. 20* • Aug. 22* • Sept. 3 -4 • Sept • Sept. 26 * Tentative dates Timeline Begin Volunteer Registration End Volunteer Registration Volunteer Training Volunteer Phone Bank Walk State Deadline for Accountability 18 Operation K.E.Y.S. Keeping Every Youth In School Save The Date! Saturday, September 6, 2008 8:00 a.m. —12:00 noon 19 Operation K.E.Y.S. Keeping Every Youth In School Register to Volunteer! Beginning July 15 Phone : 844-0432 Ext. 182 Beginning August 1 Online: www.ccis.us 20 1NI City_ Corpus. Christi 21 16 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Bond Issue 2008 Update STAFF PRESENTER(S): Name Title /Position 1. George K. Noe 2. Angel Escobar 3. City Manager Interim Asst. City Manager, Public Works REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information ta 0 -237- eorge K. Noe City Manager July 11, 2008 To: Mayor and City Council From: George K. Noe, City Manager Re: Second Draft of Bond 2008 Project List Since the presentation of the initial proposed list for Bond 2008, staff has been working on the additional feedback we have received from Council and the public. In addition, we have worked to ensure more complete coordination with the projects funded from the 2004 Bond Program and the 2008 Tax Notes. Specifically, we worked to include a number of projects suggested by Council members and the public: • Sunnybrook (next phase) • Robert Drive from Gaines to Ocean • Upriver Road • Hike and Bike Trail initiatives • North Beach Sidewalks • Leopard Street Area Lighting • Ritz Theatre renovation In addition, we have identified several urgent facility needs that we had erroneously thought were funded elsewhere: • Elevator Upgrades at CCPD • Art Museum of South Texas HVAC Improvements Attachment I provides a table of the original proposal and proposed amendments to the 2008 Bond Program. Attachment II provides an explanation of each of the adjustments. A Powerpoint presentation is currently being prepared and will be provided prior to the Council meeting on July 15. If you have questions, please advise CC: Angel Escobar Kevin Stowers Oscar Martinez July 11, 2008 To: Mayor and City Council From: George K. Noe, City Manager Re: Second Draft of Bond 2008 Project List Since the presentation of the initial proposed list for Bond 2008, staff has been working on the additional feedback we have received from Council and the public. In addition, we have worked to ensure more complete coordination with the projects funded from the 2004 Bond Program and the 2008 Tax Notes. Specifically, we worked to include a number of projects suggested by Council members and the public: • Sunnybrook (next phase) • Robert Drive from Gaines to Ocean • Upriver Road • Hike and Bike Trail initiatives • North Beach Sidewalks • Leopard Street Area Lighting • Ritz Theatre renovation In addition, we have identified several urgent facility needs that we had erroneously thought were funded elsewhere: • Elevator Upgrades at CCPD • Art Museum of South Texas HVAC Improvements Attachment I provides a table of the original proposal and proposed amendments to the 2008 Bond Program. Attachment II provides an explanation of each of the adjustments. A Powerpoint presentation is currently being prepared and will be provided prior to the Council meeting on July 15. If you have questions, please advise CC: Angel Escobar Kevin Stowers Oscar Martinez 1 7/14/2008 RECOMMENDED - BOND ISSUE 2008 PROPOSIT ONS Sr. # PROPOSITION ONE: STREETS Original Difference New 1 ADA Improvements 5,000,000 5,000,000 2 Bear Lane - Old Brownsville to SPID 4,200,000 4,200,000 3 YorkTown Road - Staples to Cimarron 7,000,000 7,000,000 4 Airline Road - Saratoga to Rodd Field 8,050,000 8,050,000 5 Williams Drive, Ph. 1 - RoddField to Nile drive. 5,470,000 5,470,000 6 Williams Drive, Ph. 2 - Nile Drive to Airline. 2,475,000 2,475,000 7 Staples Street, Ph. 1 - Brawner to Barracuda 5,900,000 5,900,000 8 Staples Street, Ph. 2 - Barracuda to Gollihar 6,550,000 6,550,000 9 * Future TxDOT Participation Projects 3,400,000 1,000,000 2,400,000 10 Aquarius Street - Dasmarinas to Commodores 1,250,000 300,000 950,000 11 Street Lighting - City Wide 800,000 100,000 700,000 12 Westside Area Street Lighting, Leopard Street (Villa St to X -Town) 0 100,000 100,000 13 * Street Overlays 6,500,000 1,500,000 8,000,000 14 Traffic Signals (New & Synchronization) 1,000,000 1,000,000 15 Kostoryz Road, Ph. 1 - Horne to Sunnybrook 3,675,000 3,675,000 16 Kostoryz Road, Ph. 2 - Sunnybrook to SPID 3,100,000 3,100,000 17 Kostoryz Road, Ph. 3 - SPID to Holly 4,875,000 $4,875,000 0 18 Sunnybrook & Helen $3,200,000 3,200,000 19 Robert Street - Gains to Ocean Drive 0 1,000,000 1,000,000 20 Wooldridge Road - Rodd Field to OSO Pkwy 4,800,000 4,800,000 21 Staples Street, Ph. 1 - Saratoga to Holly 6,850,000 6,850,000 22 Staples Street, Ph. 2 - Holly to Williams 4,250,000 4,250,000 23 Upriver Road, Rand Morgan to IH -37 (City Limit Only) 0 3,100,000 3,100,000 24 Developer Participation 2,700,000 300,000 2,400,000 25 Flour Bluff Drive, Ph. 1 - SPID to Graham 3,600,000 3,600,000 26 Flour Bluff Drive, Ph. 2 - Graham to Don Patrico 3,250,000 3,250,000 27 * Paving Assesments 2,600,000 370,000 2,230,000 28 Buddy Lawrence Drive - Antelope to IH -37 1,300,000 1,300,000 29 CR -69 - CR -52 to 624 800,000 800,000 30 Charles Drive - Leopard to Maple Leaf 600,000 600,000 31 * Downtown Streets 2,000,000 2,000,000 Total Proposition One:- Street Package $ 101,995,000 $ 103,950,000 1 7/14/2008 2 7/14/2008 PROPOSITION TWO: PUBLIC HEALTH & SAFETY Original Difference New 32 Public Safety Warehouse for Police & Fire Departments 1,750,000 1,750,000 33 Relocation of Fire Station # 5 2,000,000 2,000,000 34 New Fire Station at Bevecrest and Ayers 2,100,000 2,100,000 35 Remodeling and Repairs to Five Fire Stations 400,000 400,000 36 Rehabilitation of City / County Health Department Facility 750,000 400,000 1,150,000 37 Police Department Building Elevators 0 700,000 700,000 38 Vehicle Impound Facility Phase - 1 2,700,000 2,700,000 39 Corpus Christi Animal Shelter & Vector Control Facility - Phase 2 200,000 20Q000 0 Total Proposition Two:- Public Health & Safety Package $ 9,900,000 $ 10,800,000 PROPOSITION THREE: PUBLIC FACILITIES Original Difference New 1,500,000 40 Greenwood Library Remodeling & Improvements 1,500,000 41 HVAC /Air Handling Unit /Chiller /Generator and Fire /Security Repairs and /or Replacement (CC Museum) 850,000 850,000 42 Selena Auditorium Lighting & Electrical Upgrades 200,000 200,000 43 HVAC @ Art Museum of South Texas 0 600,000 600,000 44 Ritz Theater 500,000 500,000 Total Proposition Three:- Public Facility Package $ 2,550,000 $ 3,650,000 PROPOSITION FOUR: PARK & RECREATION Original Difference New 45 Oso Creek/OSO Bay Area Park Development 3,000,000 250,000 2,750,000 46 Hike & Bike Trail - City Wide 0 500,000 500,000 47 Sports Field Lighting and Other Improvements - City Wide 3,000,000 3,000,000 48 Neighborhood Park Playground & Park Improvements- City Wide 750,000 750,000 49 Cole Park Renovations and Improvements 2,500,000 2,500,000 50 Greenwood Softball Complex 3,000,000 250,000 2,750,000 51 Park Operations - New Maintenance Facility 1,000,000 1,000,000 52 Broadmoor Senior Center Expansion 1,500,000 1,500,000 53 Old State School Property Development (Phase 2) 1,750,000 1,750,000 54 Cooperative Land Acquisition and Development - City Wide 1,000,000 1,000,000 0 55 Heritage Park Cultural Center Historical Preservation /Restoration 1,500,000 1,500,000 56 Replacement of H.E.B. Pool Complex 2,500,000 2,500,000 57 Bathhouse at Surfside Park (Near by Lexington) 300,000 300,000 58 Extend Promenade Northward on North Beach 500,000 500,000 2 7/14/2008 59 North Beach Entry Development 250,000 50,000 200,000 60 North Beach Side Walks 0 100,000 100,000 Total Proposition Four:- Park & Recreation Packages $ 22,550,000 $ 21,600,000 PROPOSITION FIVE: BAYFRONT MASTER PLAN PROJECT Original Difference New 61 Bayfront Development Plan Phase 3 $ 13,000,000 13,000,000 Total Proposition Five:- Bayfront Master Plan Package $ 13,000,000 13,000,000 TOTAL BOND ISSUE 2008 PACKAGE PRICE:- $ 149,995,000 $ 153,000,000 * See Schedule A 3 7/14/2008 Attachment II Description of Project and Program Adjustments Comparison of Draft 1 and Draft 2 Bond 2008 Line 9 Future TxDOT Participation Projects — Deletion of amount for unspecified future projects. See Schedule A. Line 10 Aquarius Street — Dasmarinas to Commodores — Reduction of $300,000 due to reestimate. Assumes 2 travel lanes, bicycle lanes, curb and gutter, sidewalk on one side and revised alignment per current development plan. Developer will be required to provide additional construction at time of development. Line 11 Street Lighting City Wide — Reduction of $100,000. This project has no specific area planned but has been used for enhanced lighting of residential areas. Reduction used to fund Lighting in Line 12. Line 12 Westside Area Street Lighting, Leopard Street (Villa St. to Crosstown) $100,000 — New specific funding request from the Leopard Street Association for enhanced street lighting in commercial area. Line 13 Street Overlays — Net addition of $1,500,000. Alameda (Louisianna to 6 Points) deleted, Tarlton (Ayers to Crosstown) and Kostoryz (SPID to Holly) added. See Schedule A. Line 17 Kostoryz - SPID to Holly — Project deleted, overlay (per Line 13) substituted. Line 18 Sunnybrook and Helen — New project ($3,200,000) added to provide next phase street work to complement required drainage project. Line 23 Upriver Road - Rand Morgan to IH 37 (City limits only) — New project added ($3,100,000). Assumes proposed private sector materials contribution estimated at an additional $1 million. Line 24 Developer Participation — Reduction of $300,000 achieved due to estimates of pending requirements. Line 27 Paving Assessments -- Net reduction of $370,000. Contact with petitioners identified three projects which now only request/require sidewalks as opposed to full street construction. One project reestimated due to new information. See Schedule A. Line 31 Downtown Streets — Based on feedback, the full amount of $2 million will be used on Chaparral Street Line 36 Rehabilitation of City /County Health Department Building -- Increase of $400,000 due to increased scope and reestimate. Line 37 Police Department Building Elevators — New project ($700,000) to conduct complete overhaul of CCPD Headquarters elevators. Code upgrades currently underway but full upgrade required. Line 39 Corpus Christi Animal Shelter and Vector Control Facility Phase 2 — Project deleted due to funding limitations. Line 43 HVAC @ Art Museum of South Texas — New project ($600,000). Major facilities are City responsibility. Major HVAC elements in Johnson building are original and need replacement. Line 44 Ritz Theater — New project to provide $500,000 City funding to renovation project being initiated by PATCH. Line 45 Oso Creek/Oso Bay Area Park Development — Reduction of $250,000. Project assumed bike trail improvements which are being separately budgeted in Line 46. Line 46 Hike and Bike Trails — City Wide — New project of $500,000 for Hike and Bike Trail development. Line 50 Greenwood Softball Complex — Project budget reduction of $250,000 Line 54 Coop Land Acquisition and Development — Project deleted due to budget constraints. Line 59 North Beach Entry Development — Reduction of $50,000 due to reestimate. Line 60 North Beach Sidewalks -- New project ($100,000) to complete sidewalk improvements in the south attraction area of North Beach. Completes work planned with 2004 initiative. Bond 2008 Projects Second Draft Council Presentation July 15, 2008 Background o Citizen Input o Financial Analysis o Initial Draft o Council and Community feedback o Second Draft Additional Projects Sunnybrook Robert Dr. Upriver Rd. Hike and Bike Trail Project North Beach Sidewalks Westside (Leopard) Area Street Lighting Ritz Theatre Renovation CCPD Elevator Upgrades AMST HVAC improvements Projects Deleted or Modified TxDOT Participation Aquarius St. City Wide Street Lighting Kostoryz (SPID to Holly) Developer Participation Paving Assessments Health Dept. Rehabilitation Animal Shelter Oso Creek Area Park Development Greenwood Softball Complex Coop Land Acquisition North Beach Entry Development Overall Total Program of $153 million Still fundable within current I and S Tax Rate Staff completing total cost including utilities and storm drainage Next Steps No action now Formal Public Comment Public Meetings Planned (all at 6 pm) July 23 @ CC Gym (Natatorium) July 29 @ City Council Chambers August 6 @ Greenwood Senior Center Comment and Discussion on August 12 Election Call Ordinance on August 19 Questions LILJ III cry of corpus Christi \100%•00400P -240-