Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 07/22/2008
CITY COUNCIL AGENDA JULY 22, 2008 0 us c. CLACA ///,,,iii ORPORAl 1852 Public Notice: The City Council will participate in a Kickoff Event for the New Employee Wellness Program scheduled for July 22, 2008 at 9:15 a.m. on the Staples Street side of City Hall. 11:45 A.M. — Proclamation declaring Tuesday, July 22, 2008 as "Human Relations Youth Commissioners Recognition Day" Proclamation declaring Saturday, July 26, 2008 as "Feria de las Flores Day" Proclamation declaring Saturday, July 26, 2008 as "Americans With Disabilities Act 18th Anniversary" Proclamation declaring Thursday, August 7, 2008 as "Civil Air Patrol Day" Proclamation declaring the week of August 4 -8, 2008 as "Civil Air Patrol Week" Proclamation declaring Sunday, August 10, 2008 as "Blackhawk Memorial Day" Proclamation declaring "Fiscal Year 2009 City Employee Get Moving, Get Healthy Wellness Program" Recognition of Water Utilities Laboratory as an accredited National Environmental Laboratory Accreditation Program (NELAP) laboratory. AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 22, 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 cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio paro 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 Pastor Harvey Houston, First Church of God. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem 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: 1. Approval of Regular Meeting of July 8, 2008. (Attachment # 1) Agenda Regular Council Meeting July 22, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (NONE) G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed ;; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; 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 ofa routine or administrative nature. The Council has been fumished 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 the purchase of one (1) Series V Tractor /Loader /Backhoe from Holt -Cat, of Corpus Christi, Texas based on most advantageous bid in accordance with Bid Invitation No. BI- 0186 -08 for a total amount of $140,113. The backhoe will be used by the Wastewater Department. This unit is a replacement to the fleet. Funding is available in the FY 2007 -2008 Capital Outlay Budget of the Maintenance Services Fund. (Attachment # 2) Agenda Regular Council Meeting July 22, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving a supply agreement with General Chemical Performance Products, LLC, of Parsippany, New Jersey for approximately 700 tons of liquid ammonium sulfate in accordance with Bid Invitation No. BI- 0151 -08, based on low bid for an estimated semi - annual expenditure of $137,200. The term of the supply agreement will be for six months with an option to extend for up to five additional six -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been requested for FY 2008 -2009. (Attachment # 3) 4. Motion approving a supply agreement with Commercial Chemical Products, Inc., of Houston, Texas for approximately 432,500 pounds of Sodium Bisulfite Solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI -0187- 08 based on low bid for an estimated semi - annual expenditure of $148,780 of which $24,796.67 is budgeted in FY 2007 -2008. The term of the supply agreement will be for six months with an option to extend for up to five additional six -month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2007 -2008 and requested for FY 2008 -2009. (Attachment # 4) 5.a. Ordinance appropriating $110,015.31 for the purchase of library furniture for the new Southside Library from the following sources: $8,489.37 from unappropriated interest earnings from the Library 2005 Capital Improvement Project (CIP) Fund No. 3224 and $101,525.94 from unappropriated interest earnings from the Library 2007A CIP Fund No. 3225; changing FY 2007- 2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $110,015.31. (Attachment # 5) 5.b. Motion approving the purchase of library furniture in accordance with Bid Invitation No. BI- 0206 -08 from the following companies for the following amounts based on only bid and low total bid for a total amount of $142,449.81. The library furniture will be installed at the new Southside Library (Clotilde P. Garcia Library). Funds are available in the Southside Library Capital Improvement Project (CIP) Fund. (Attachment # 5) Agenda Regular Council Meeting July 22, 2008 Page 4 Business Interiors of Texas Corpus Christi, Texas Groups: 1,2,4 &5 $118,699.81 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Jones & Cook Corpus Christi, Texas Group: 6 $23,750.00 Total Award: $142,449.81 6. Motion approving a supply agreement with Neptune Technology of Tallassee, Alabama for 45,334 water meters and water meter registers, based on best value in accordance with Bid Invitation No. BI- 0152 -08 for an estimated annual expenditure of $1,702,499, of which $141,874.91 is required for the remainder of FY 2007 -2008. The term of the agreement shall be for twenty- four months with the option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager or his designee. Funding is available in the Capital Improvement Project (CIP) Fund and the Water Department Operations Budget for FY 2007 -2008 and requested for FY 2008 -2009. (Attachment # 6) 7.a. Motion authorizing the City Manager or his designee to accept a grant in the amount of $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 8 with a City cash match of $287,824, in -kind match of $14,019, for a total project cost of $747,025 and to execute all related documents. (Attachment # 7) 7.b. Ordinance appropriating $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. (Attachment # 7) 8.a. Resolution authorizing the City Manager or his designee to accept a $55,139 grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program (RSVP). (Attachment # 8) 8.b. Ordinance appropriating a $55,139 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Retired and Senior Volunteer Program (RSVP). (Attachment # 8) Agenda Regular Council Meeting July 22, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9.a. Resolution authorizing the City Manager or his designee to accept a $270,943 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. (Attachment # 9) 9.b. Ordinance appropriating a $270,943 grant from the Corporation for National and Community Service in the No. 1067 Parks and Recreation Grants Fund for the Senior Companion Program. (Attachment # 9) 10. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $500,000 to the Texas General Land Office for the purpose of participating in the Texas Coastal Impact Assistance Program for design enhancements and development of educational resources for the proposed Oso Nature Center. (Attachment # 10) 11. Ordinance appropriating $187,905.07 in developer contributions and $65,277.80 in interest earnings for a sum of $253,182.87 in the No. 4720 Community Enrichment Fund for park improvements. (Attachment # 11) 12. Motion authorizing the City Manager or designee to execute an agreement with M. Dee Koch, PhD for psychological services for the Police, Fire and Aviation departments. The term is for three years at an hourly rate of $45.00 with an estimated annual cost of $128,360. (Attachment # 12) 13. Resolution authorizing the City Manager or his designee to execute a one -year professional services contract with Patterson Capital Management, LP, d.b.a. Patterson and Associates, of Austin, Texas in the amount of $32,000 for investment and management of public funds. (Attachment # 13) 14. Motion authorizing the City Manager, or his designee, to execute a contract with Parsons Roofing of Waco, Texas in the amount of $174,363 for the City Hall Re- roofing Project 2008. (Attachment # 14) 15.a. Motion authorizing the City Manager or his designee to execute a Job Order Contract with Nuway International, Inc., of Corpus Christi, Texas in the amount of $69,922.28 for the Americans with Disabilities Act (ADA) and Co -ED Improvements at Fire Station No. 2. (Bond Issue 2004) (Attachment # 15) Agenda Regular Council Meeting July 22, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 15.b. Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation, of Corpus Christi, Texas in the amount of $60,711.84 for the Americans with Disabilities Act (ADA) and Co -ED Improvements at Fire Station No. 6. (Bond Issue 2004) (Attachment # 15) 16. Motion authorizing the City Manager or his designee to execute a construction contract with Jhabores Construction of Corpus Christi, Texas in the amount of $284,267 for Lift Station Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, and North Beach "D" Lift Station. (Attachment # 16) 17. Motion authorizing the City Manager or his designee to execute Change Order No. 1 for additional excavation and installation of groundwater underdrains in the amount of $231,399 with Longhorn Excavators, Inc. of Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner and Leachate Collection System and Section 4B Excavation. (Attachment # 17) J. PUBLIC HEARINGS: (NONE) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS. AND ORDINANCES: 18. Ordinance appropriating $306,017.16 from estimated excess revenues over expenditures in Fund No. 1020 General Fund for "one-time" expenditures in the Fiscal Year 2007 -2008 Operating Budget for the buydown of lease purchases in the amount of $306,017.16; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing revenues and appropriations by $306,017.16 each. (Attachment # 18) 19. Ordinance appropriating $13,462,290.54 of unappropriated interest earnings from the Capital Improvement Project (CIP) Bond Funds listed in ExhibitA of this ordinance, including Streets CIP, Water CIP, Stormwater CIP, Wastewater CIP, Gas CIP, Parks CIP, Public Health and Safety CIP, Landfill CIP, Bayfront Development CIP; Packery Channel CIP, Museum CIP and Police Building CIP, for same or similar CIP projects as allowed Agenda Regular Council Meeting July 22, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) by the bond covenants; changing the FY2007 -2008 Capital Budget adopted by Ordinance No. 027546 by increasing appropriations by $13,462,290.54. (Attachment # 19) 20.a. Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of notice of intention to issue Combination Tax and Revenue Certificates of Obligation, for improvements to the City's Solid Waste facilities; authorizing the City Manager to retain services of M. E. Allison & Co., Inc. as Financial Advisor, and McCall, Parkhurst & Horton, L.L.P. as Bond Counsel; and resolving other matters relating to the subject. (Attachment # 20) 20.b. Motion authorizing the appointment of Morgan Keegan & Company Inc. as Senior Manager and Frost Bank as Co- Manager for the City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008. (Attachment # 20) 21. Motion authorizing the City Manager or his designee to execute a contract with DRC Emergency, LLC of Mobile, Alabama in the amount of $65,580,930 to be activated only in the event of a hurricane or other disaster for Post Hurricane Recovery Operations Debris Clearing, Removal and Disposal Services. (Base Bid A, Base Bid B — Clearing, Removal and Disposal and Base Bid C — Collection, Characterization, Packaging, Transportation and Disposal of Hazardous Wastes) (Attachment #21) L. SPECIAL BUDGET CONSIDERATION ITEMS: PROPOSED CITY OF CORPUS CHRISTI BUDGET: 22a. Second 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. (First Reading 07/15/08) (Attachment # 22) 22.b. Second 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. (First Reading 07/15/08) (Attachment # 22) Agenda Regular Council Meeting July 22, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PROPOSED REVISIONS TO THE CODE OF ORDINANCES, CHAPTER 39, PERSONNEL: 23. Second Reading Ordinance — Amending the Code of Ordinances, Chapter 39, Personnel, Article HI, 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 effective date. (First Reading 07/15/08) (Attachment # 23) PROPOSED FEE /RATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2008 -2009 BUDGET: 24.a. Second 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. (First Reading 07/15/08) (Attachment # 24) 24.b. Second 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 Agenda Regular Council Meeting July 22, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) $10 for accounts referred to collection; providing for an effective date; and providing for publication. (First Reading 07/15/08) (Attachment # 24) - 24.c.(1.)Motion to amend prior to Second Reading the Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates and Fees, to amend Section 3, regarding water laboratory charges, to correct name to "Water Utilities Laboratory charges" and to delete annual increase in laboratory fees. (Attachment # 24) 24.c.(2.)Second 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. (First Reading 07/15108) (Attachment # 24) 24.d. Second 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. (First Reading 07/15/08) (Attachment # 24) AD VALOREM TAX RATE: 25.a. Motion setting September 9, 2008 as the date of adoption of the ad valorem tax rate of $0.563846 per $100 valuation. (Attachment # 25) 25.b. Motion setting a public hearing on the ad valorem tax rate for August 19, 2008 and a second public hearing for August 26, 2008, during the regular City Council Meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. (Attachment # 25) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Bond Issue 2004 Update (Attachment # 26) 27. Cost Comparison Report — Southside Water Reclamation Plant vs. Greenwood Wastewater Treatment Plant (Attachment # 27) Agenda Regular Council Meeting July 22, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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, habra un interprete inglas- esparlol en la reunion de la junta pars ayudade. 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 Govemment 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. 28. Executive session under Texas Government Code Section 551.071 regarding Cause No. Q7 -478, Anna Robledo et al vs. City of Corpus Christi et al; with possible discussion and action related thereto in open session. 29. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting July 22, 2008 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's officigt bulletin board at the front entrance to City Hall, 1201 Leopard Street, at i 5: eL) p.m., on July 16, 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. City Council Goals 2007 -2009 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 Agenda Regular Council Meeting July 22, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) PROPOSED REVISIONS TO THE CODE OF ORDINANCES, CHAPTER 39, PERSONNEL: 23. Second 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 effective date. (First Reading 07/15/08) (Attachment # 23) PROPOSED FEE /RATE INCREASE ADJUSTMENTS INCLUDED IN THE PROPOSED FY 2008 -2009 BUDGET: 24.a. Second 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. (First Reading 07/15/08) (Attachment # 24) 24.b. Second 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 fcc of !tn 1c nnr nane_ and reinstatina a library collection fee of Agenda Regular Council Meeting July 22, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) $10 for accounts referred to collection; providing for an effective date; and providing for publication. (First Reading 07/15/08) (Attachment # 24) 24.c.(1.)Motion to amend prior to Second Reading the Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding Water, Gas and Wastewater Rates and Fees, to amend Section 3, regarding water laboratory charges, to correct name to "Water Utilities Laboratory charges" and to delete annual increase in laboratory fees. (Attachment # 24) 24.c.(2.)Second 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. (First Reading 07/15/08) (Attachment # 24) 24.d. Second 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. (First Reading 07/15/08) (Attachment # 24) AD VALOREM TAX RATE: 25.a. Motion setting September 9, 2008 as the date of adoption of the ad valorem tax rate of $0.563846 per $100 valuation. (Attachment # 25) 25.b. Motion setting a public hearing on the ad valorem tax rate for August 19, 2008 and a second public hearing for August 26, 2008, during the regular City Council Meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. (Attachment # 25) M. PRESENTATIONS: Public comment will not be solicited on Presentation items. 26. Bond Issue 2004 Update (Attachment # 26) 27. Cost Comparison Report — Southside Water Reclamation Plant vs. Greenwood Wastewater Treatment Plant (Attachment # 27) Agenda Regular Council Meeting July 22, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 FORMAT 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, habra un interprete ingles- espanol en la reunion de la junta para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. 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 Govemment 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. 28. Executive session under Texas Government Code Section 551.071 regarding Cause No. 07 -478, Anna Robledo et al vs. City of Corpus Christi et al; with possible discussion and action related thereto in open session. 29. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. Agenda Regular Council Meeting July 22, 2008 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) P. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's offici I bulletin board at the front entrance to City Hall, 1201 Leopard Street, at tO p.m., on July 16, 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. City Council Goals 2007 -2009 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 PRESENT Mayor Henry Garrett Mayor Pro Tem John Marez Council Members: Melody Cooper* Larry Elizondo, Sr. Bill Kelly Priscilla Leal Michael McCutchon Nelda Martinez ABSENT Mike Rummell MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 8, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa *Arrived at 10:31 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Tracy Watson with Padre Island Baptist Church and the Pledge of Allegiance to the United States flag was led by Council Member Larry Elizondo. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meeting of June 17, 2008 and June 24, 2008. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * * * Mayor Garrett referred to Item 2 and the following board appointments were made: Clean Cities Advisory Committee Paul Anthony Castorena (Appointed) Brian Cornelius (Appointed) Daiquiri Richard (Appointed) Paige Dinn (Appointed) John Elford (Appointed) Patricia Garcia (Appointed) Mikell Smith (Appointed) Joan Veith (Appointed) Planning Commission Johnny R. Martinez (Reappointed) James Skrobarczyk, Sr. (Reappointed) Mark Adame (Appointed) C.C. Business and Job Development Corporation Foster Edwards (Reappointed) Eloy H. Salazar (Reappointed) Robert Tamez (Appointed) Crosstown Commons Development Corp. Nelda Martinez (Reappointed) John Marez (Reappointed) Melody Cooper, Reappointed) Larry Elizondo, Sr. (Reappointed) Henry Garrett (Reappointed) Mike Hummell (Reappointed) Bill Kelly (Reappointed) Priscilla Leal (Reappointed) Michael McCutchon (Reappointed) * * * * * * * * * * ** —1— Minutes — Regular Council Meeting July 8, 2008 — Page 2 Mayor Garrett called for consideration of the consent agenda (Items 3 -17). There were no comments from the public. Council members requested that Items 4, 7, 12, 14, and 17 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008 -155 Motion approving supply agreements with the following companies for the following amounts in accordance with the Coastal Bend Council of Govemments Bid Invitation No. CBCOG -08- 04 for food items which include canned and frozen fruit and vegetables, meats and condiments for an estimated six -month expenditure of $101,340.18, of which $16,890.03 is required in FY2007 -2008. The terms of the contracts shall be for six months with an option to extend for up to three additional months, subject to the approval of the Coastal Bend Council of Governments, the suppliers, and the City Manager or his designee. Funds have been budgeted by Senior Community Services in FY2007 -2008 and requested for FY2008- 2009. LaBatt Food Service Corpus Christi, TX 136 Items $67,586.37 Grand Total - $101,340.18 PFG Victoria, TX 93 Items $33,753.81 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummel) were absent. 5. MOTION NO. 2008 -157 Motion approving the purchase of one (1) asphalt relay tank trailer and two (2) side loaders refuse trucks from the following companies for the following amounts, based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The asphalt relay tank trailer and the side loaders refuse trucks will be used by the Street Department and Solid Waste Services. Funds are available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund and the Public Health & Safety 2008 Tax Notes Capital Improvement Project (CIP) Fund. Cooper Equipment Company San Antonio, TX 1 Unit Bid Items: 1 $103,681.00 Rush Truck Center, Houston Houston, TX 2 Units Bid Items: 2 $466,258.00 Grand Total: $569,939.00 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye; Cooper and Hummell were absent. -2- Minutes — Regular Council Meeting July 8, 2008 — Page 3 MOTION NO. 2008 -158 Motion approving the purchase of one (1) asphalt distributor from Grande Truck Center, of San Antonio, Texas for the total amount of $150,258. The award is made in accordance with the cooperative purchasing agreement with the Texas Local Government Cooperative (TLGC). This unit is purchased for the Street Services Division and is a replacement to the fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell were absent. 8. MOTION NO. 2008 -160 Motion approving the purchase of one (1) steel wheeled vibratory roller from Anderson Machinery Co., of Corpus Christi, Texas for the total amount of $110,469.42. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council (H -GAC). This unit is purchased for the Street Services Division and is a replacement to the fleet. Funding is available in the Street 2008 Tax Notes Capital Improvement Project (CIP) Fund. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell were absent. MOTION NO. 2008 -161 Motion approving a supply agreement with HD Supply Waterworks, of Corpus Christi, Texas for fire hydrants in accordance with Bid Invitation No. BI- 0170 -08 based on low bid for an estimated annual expenditure of $87,610 of which $14,601.66 is budgeted in FY2007 -2008. The term of the contract will be for twelve months with an option to extend for up to two additional twelve -month periods subject to the approval of the supplier and the City Manager or his designee. Funds are available from Warehouse Inventory for FY2007 -2008 and requested for FY2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell were absent. 10.a. MOTION NO. 2008 -162 Motion authorizing the City Manager or his designee to accept a grant in the amount of $1,798,271 from the State of Texas, Governor's Division of Emergency Management, for funding eligible under the FY2007 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system, with a city cash match of $449,567.75 for a total project amount of $2,247,838.75, and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell were absent. -3- Minutes — Regular Council Meeting July 8, 2008 — Page 4 10.b. ORDINANCE NO. 027744 Ordinance appropriating $1,798,271 from the State of Texas, Governor's Division of Emergency Management, for funding eligible under the FY2007 Public Safety Interoperable Communications (PSIC) Grant project to be used for the enhancement of voice interoperability on the 800 MHz radio system with a City match of $449,567.75 in the No. 1061 State and Federal Grant Fund. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell were absent. 10.c. RESOLUTION NO. 027745 Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement between the cities of Corpus Christi, Portland, Port Aransas, Rockport, and Aransas County to establish the terms for the sharing of the FY2007 Public Safety Interoperable Communications (PSIC). The foregoing resolution was passed and approved with the following vote. Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummel) absent. 11. RESOLUTION NO. 027746 Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $487,760 to the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding eligible under the COPS 2008 Child Sexual Predator Program. Funds will be used to reduce child endangerment, with a City in -kind contribution of $40,000, and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummel) absent. 13.a. MOTION NO. 2008 -163 Motion approving the purchase of continuous coverage product maintenance from Sungard Public Sector, of Lake Mary, Florida in the amount of $152,701 ending June 30, 2009 for the Sungard Public Sector suite of application modules. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell absent. 13.b. MOTION NO. 2008 -164 Motion approving the purchase of continued annual maintenance costs from Sungard Public Sector of Lake Mary, Florida for the Sungard Public Sector suite of products subject to annual appropriation of funds based on sole source. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell absent. —4— Minutes — Regular Council Meeting July 8, 2008 — Page 5 15. RESOLUTION NO. 027752 Resolution authorizing the City Manager or his designee to execute all documents necessary to request continued financial assistance for beach cleaning and maintenance on North Padre Island and Mustang Island during FY2008 -2009 under the Texas General Land Office's cleaning and maintenance assistance program. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummel) absent. 16.a. MOTION NO. 2008 -165 Motion to reinstate the FY2005 and FY2006 Community Development Block Grant (CDBG) funding agreements with Corpus Christi Metro Ministries and to authorize the City Manager or his designee to execute an amendment to extend the term of the agreements through January 31, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez voting "Aye "; Cooper and Hummell absent. 16.b. MOTION NO. 2008 -166 Motion to reinstate the FY2007 Community Development Block Grant (CDBG) funding agreement with Greenwood - Molina Nursery School, Inc. and to authorize the City Manager or his designee to execute an amendment to extend the term of the agreement through December 31, 2008. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper and Hummell absent. Mayor Garrett opened discussion on Item 4 regarding the purchase of a truck trailer for the Solid Waste Department. Council Member Leal asked for the balance on the lease purchase program. Assistant Director of Financial Services Michael Barrera said the estimated balance was $10 million. Ms, Leal asked questions regarding the amount of time that a department has to order vehicles after the start of the budget year. Mr. Barrera stated that Maintenance Services develops a schedule every budget year. Director of General Services Jim Davis explained that most items are ordered at the beginning of the fiscal year and others are ordered when tax notes are available for funding additional equipment. Council Member McCutchon asked whether there was a line item in the budget for lease purchases. City Manager Noe said that the City has a contract with the company to provide lease purchase financing and there is a line item in the various departments' budgets for lease purchase payments for items purchased under the lease purchase program. In response to Dr. McCutchon, Director of Finance Cindy O'Brien answered that the banking institution was Bank of America. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2008 -156 Motion approving the purchase of one (1) 48 -foot truck trailer from Rush Equipment Center of Texas, Inc., of Houston, Texas for a total amount of $98,615. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). The truck trailer will be used by Solid Waste Services. Financing will be provided through the City's lease- purchase program. -5- Minutes — Regular Council Meeting July 8, 2008 — Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper and Hummell absent. Mayor Garrett opened discussion on Item 7 regarding the purchase of nine (9) pickup trucks, one (1) dump truck and the lease /purchase of one (1) cargo van to be used by various departments. In response to Council Member McCutchon, Mr. Barrera stated that the lease purchase is only for one (1) cargo van. Dr. McCutchon asked questions regarding the reason for rewarding to the higher bidder as listed on the bid tabulation sheet. Dr. McCutchon made a motion to table item 7 until later in the meeting so that staff can provide the reasons for approving the higher bid costs for these items. The motion was seconded by Mr. Kelly and passed. Mayor Garrett opened discussion on Item 12 regarding appropriating funding from Federal Aviation Administration (FAA) Grants and Airport Capital Improvement funds. In response to Dr. McCutchon, Director of Aviation Fred Segundo stated that the funding is grant money offered from the FAA and that projects can be awarded after appropriating the funds. Council Member McCutchon asked questions regarding the contractorworking on these projects and bid information. Mr. Segundo explained that Haas Anderson is performing the work on the rehabilitation of the taxiway system work and the bid information will be provided to the Council for approval once the appropriation is approved. City Secretary Chapa polled the Council for their votes as follows: 12.a. ORDINANCE NO. 027747 Ordinance appropriating $2,234,346 from the Federal Aviation Administration Grant No. 3- 48 -0051 -40 -2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems, Phase II; modify Aircraft Rescue & Fire Fighting (ARFF) Building, Phase 1; construct Perimeter Service Road, Phase I; and construct Maintenance Equipment Building, Phase I at the Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,234,346. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummel) was absent. 12.b ORDINANCE NO. 027748 Ordinance appropriating $2,500,000 from the Federal Aviation Administration Grant No. 3- 48- 0051 -41 -2008 in the No. 3020 Airport Capital Improvement Fund to improve Airport Drainage Area VI, Phase II at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,500,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 12.c. ORDINANCE NO. 027749 Ordinance appropriating $2,800,000 from the Federal Aviation Administration Grant No. 3- 48 -0051 -42 -2008 in the No. 3020 Airport Capital Improvement Fund to rehabilitate Taxiway Systems, Phase II at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,800,000. Minutes — Regular Council Meeting July 8, 2008 — Page 7 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. 12.d. ORDINANCE NO. 027750 Ordinance transferring $600,100 from Airport Capital Reserve Fund No. 4611 and appropriating $600,100 into the Airport Capital Improvement Program (CIP) Fund — Capital Reserve Fund 3020A to rehabilitate Taxiway Systems, Phase II; modify Aircraft Rescue & Fire Fighting (ARFF) Building, Phase I; construct Perimeter Service Road, Phase I; construct Maintenance Equipment Building, Phase I; and improve Airport Drainage, Area VI, Phase II at Corpus Christi International Airport; amending the FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $600,100. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. Mayor Garrett opened discussion on Item 14 regarding a one -year lease agreementwith Del Mar College to support the Fire Department Training Division. Council members asked questions regarding whether staff anticipated any additional costs; whether the cost is appropriate for office space; the costs for downtown office space; whether classes will be taught at the facility; the reason for wanting the administrators close to the facility; whether there is a way to work with Del Mar to lower the rates; and the total amount paid to Del Mar. City Secretary Chapa polled the Council for their votes as follows: 14. ORDINANCE NO. 027751 Ordinance authorizing the City Manager or his designee to execute a one -year lease agreement with Del Mar College for office space on the Del Mar West Campus for the purpose of providing administrative and instructional support to the Fire Academy at a cost of $40,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. Mayor Garrett opened discussion on Item 17 regarding the Cefe Valenzuela Landfill — Leachate Ponds Groundwater Monitoring System. In response to Council Member McCutchon, Interim Director of Engineering Services Kevin Stowers stated that a bid was not required for the professional services. Council Member Marez asked questions regarding whether solid waste services have been transferred to the Cefe Valenzuela Landfill. Mr. Stowers stated that mass disposal is conducted at the Cefe Valenzuela Landfill and operation of the transfer station and brush grinding continues at the J.C. Elliot Landfill. Mayor Garrett asked for the location of the transfer station. Assistant Director of Solid Waste Services Lawrence Mikolajczky said that the transfer station was located at 1701 Ayers Street. City Secretary Chapa polled the Council for their votes as follows: —7— Minutes — Regular Council Meeting July 8, 2008 — Page 8 17. MOTION NO. 2008 -167 Motion authorizing the City Manager or his designee to execute a geotechnical services agreement with Kleinfelder, Inc., of Corpus Christi, Texas in an estimated amount not to exceed $100,400 for Cefe Valenzuela Landfill Leachate Ponds Groundwater Monitoring System. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0508 -02, Michael L. Rittgers: A change of zoning from a "R -2" Multiple Dwelling District (14.52 units per acre) to an "A -T Apartment House District (36.30 units per acre) on property described as Fitchue Place, Block 1103, Lots 49 through 58, located on the northeast side of 14`h Street and approximately 150 feet north of Ayers Street. (Tabled on 06/17/08) City Secretary Chapa stated that the Planning Commission and staff recommended approval of an "A -2" Apartment House District. Interim Director of Development Services Faryce Goode -Macon reported that there is no resolution from the neighborhood or the applicant since the tabling of this item Mayor Garrett called for comments from the audience. Rix Musslewhite, representative of the neighborhood, provided the minutes of the neighborhood meeting that addressed the neighborhoods concerns Mr Michael Rittgers thanked Council Members Martinez and Marez for attending the meeting. Mr. Rittgers stated that he has discussed several of the neighborhood's concerns with his advisors including the playground; parking issues; fencing; drainage; the appearance of the building; and infrastructure improvements. Mr. Rittgers asked the Council to consider accepting the unanimous recommendation of the Planning Commission and staff. Abel Alonzo, 1701 Thames, asked the Council to support this project. Council members asked questions regarding the standard number of parking spaces required; the number of units; the location of the trash bins; the required lighting; whether the 20% rule is in effect; whether the •applicant could develop apartments with the current zoning; whether a site plan is required for zoning; whether the drainage will be addressed; the zoning for the surrounding areas; and the required number of votes for approval. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. The 20% rule is in effect and requires seven (7) votes for the ordinance to pass. Mr. Chapa polled the Council for their votes as follows: 18. ORDINANCE NO. 027753 Amending the Zoning Ordinance upon application by Michael L. Rittgers, by changing the Zoning Map in reference to Fitchue Place, Block 1103, Lots 49 through 58, from "R -2" Multiple Dwelling District to "A -2" Apartment House District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; and providing for publication. -8- Minutes — Regular Council Meeting July 8, 2008 — Page 9 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. Mayor Garrett referred to Item 19, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0508 -01, Flint Hills Resources, L.P.: Achange of zoning from "R -1 B" One - family Dwelling District and "A -1" Apartment House District to a "B -1" Neighborhood Business District on property described as Nueces Bay Heights, Block 22, Lots 1 through 20, located in the Hillcrest Neighborhood between Nueces Bay Boulevard to the west, Floral Street to the east, Hulbirt Street to the north and Noakes Street to the south. City Secretary Chapa stated that the Planning Commission and staff recommended denial of the "B -1" Neighborhood Business District, and in lieu thereof, approval of a "R-1B" One - family Dwelling District (Lots 4 -17) and an "A -1" Apartment House District (Lots 1 -3 and 18 -20) each with a Special Permit for a temporary off - street parking lot subject to a site plan and twelve (12) conditions. No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 19. ORDINANCE NO. 027754 Amending the Zoning Ordinance, upon application by Flint Hills Resources, L.P., by changing the Zoning Map in reference to Nueces Bay Heights, Block 22, Lots 1 through 20, from "R -1 B" One - Family Dwelling District and "A -1" Apartment House District to "R -1 B /SP" One - Family Dwelling District with a Special Permit (Lots 4 -17) and "A -1 /SP" Apartment House District with a Special Permit (Lots 1 -3, 18 -20) to allow a one (1) year temporary off- street parking lot associated with the refinery located on the west side of Nueces Bay Boulevard and containing no more than 400 parking spaces, subject to a Site Plan and twelve (12) conditions; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0508 -04, City of Corpus Christi: A change of zoning from a "F -R" Farm -Rural District to an "I -2" Light Industrial District on property described as being a 3.24 acre tract of land out of Lots 6 through 10, Block 9, Rodd Village, located south of Yorktown Boulevard and west of the future extension of Rodd Field Road. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "1 -2" Light Industrial District. Minutes — Regular Council Meeting July 8, 2008 — Page 10 No one appeared in opposition to the zoning change. Mr. Elizondo made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 20. ORDINANCE NO. 027755 Amending the Zoning Ordinance, upon application by the City of Corpus Christi, by changing the Zoning Map in reference to a 3.24 acre tract of land out of Rodd Village, Block 9, Lots 6 through 10, from "F -R" Farm -Rural District to "1 -2" Light Industrial 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. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. Mayor Garrett returned to discussion on Item 7 regarding the purchase of nine (9) pickup trucks, one (1) dump truck and the lease /purchase of one (1) cargo van to be used by various departments. Assistant Director of Financial Services Michael Barrera stated that the bid tabulation sheet that was provided in the packet was incorrect. Mr. Barrera provided the Council with the corrected prices. City Secretary Chapa polled the Council for their votes as follows: 7. MOTION NO. 2008 -159 Motion approving the purchase of nine (9) pickup trucks, one (1) dump truck and the lease /purchase of one (1) cargo van from the following companies, for the following amounts, in accordance with Bid Invitation No. BI- 0166 -08, based on low bid for a total amount of $269,112. The vehicles will be used by Animal Control, Park & Recreation, and Water Departments. All eleven units are replacements to the fleet. Funding for the lease purchase of the cargo van will be provided through the City's lease /purchase financing program. Funding for the remaining vehicles is available in the Capital Outlay Budget of the Maintenance Services Fund, Latchkey Operations, Beach Operations and the Animal Control Operations Budget. Access Ford, LTD Corpus Christi, TX Bid Items: 1, 2, 3, 4, 6,7 &8 $210,828 Champion Ford Mazda Corpus Christi, TX Bid Item: 5 $58,284 Grand Total: $269,112 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Hummell was absent. +x + * * + *s. s +ra• Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following street closure: 21. 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 —10— Minutes — Regular Council Meeting July 8, 2008 — Page 11 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. Deputy Director of Development Service Johnny Perales stated that several concerns have been addressed since the first time this item came to the Council regarding the procedures required in Chapter 49, City Code of Ordinances, related to the participation of all abutting property owners. Mr. Perales said that staff contacted the Audubon Outdoor Club and property owners Virginia Hatley (438 Mediterranean) and Robert Allen Clarke (3434 Charlotte Drive) regarding the closure. Mayor Garrett called for comments from the audience. Charles Roberts, 2142 Alazan, provided a powerpoint presentation and spoke in opposition to the proposed street closure. Joseph Hasselmeier stated that he has mowed and maintained the property for many years. Mr. Hasselmeier added that he would like to own the property that he has been maintaining. Council members asked questions regarding the person that owns the fee simple property; whether there is a reduction in property value for utility easements; whether the Department of Defense was notified of the proposed closure; whether opposition was received; fair market value fees; the property owner's expense; abandonment of the property; and the cost to the City. Mr Elizondo made a motion to close the public hearing, seconded by Mr. Kelly, and passed. Mr. Chapa polled the Council for their votes as follows: 21. FIRST READING ORDINANCE 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, 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. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Hummell was absent. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Ralph Cantu, 4842 Larkspur, spoke regarding the review of council member compensation and increasing wages for City employees. Charles Roberts, 2142 Alazan, spoke regarding the liability insurance for the South Texas Celtic Music Festival. Rebecca Stroisch, 920 Waco, spoke in support of maintaining and not reducing the Human Relations Department budget. Joan Veith, President of the Corpus Christi Barrios Association, spoke regarding recycling. Ms. Veith thanked the Council for her appointment to the Clean Cities Committee and also thanked City Manager Noe for his work on behalf of the Barrios Association. Bob Baker, 4733 Canaan Place, spoke regarding the reduction to the Arts and Cultural budget. Nelida Ortiz, 7218 Pharaoh Drive, spoke regarding the maintenance of the Columbus ships; long term planning to maintain the ships; and improving access and increasing signage to the Museum of Science and History. Ms. Ortiz stated that these improvements to the Museum will hopefully usher in an economic boom to the community. —11— Minutes — Regular Council Meeting July 8, 2008 — Page 12 Mary Jane Garza, Chair for the Commission on Children and Youth, asked the Council to reinstitute the $78,000 that was deleted to support the National League of Cities (NLC) platform components. Bobby Scott, 467 Palmetto, expressed concern that the proposed Bond 2008 issue does not include improvements to the golf courses. Jim Maloney, 3435 Ocean Drive, spoke regarding the visual concept study proposed for the Museum of Science and History and asked the Council to find the funding for make this study happen. Colin Sykes, 309 Aberdeen; Jeanne Adams, 215 Louisiana Street; Peggy Duran, 4022 Congressional; Matt Tedron, 1333 Sandstone; Emilie Olivares, 4205 Dody Street; and Ann Smith, 1005 Meadowbrook, asked the Council to consider placing an item on the agenda supporting a moratorium on the death penalty. Rocco Montensano, U.S.S. Lexington, and Tom Schmid, Texas State Aquarium, spoke regarding improvements to the North Beach area and asked the Council to consider including the improvements in the next Bond issue. Jack Gordy, 4118 Bray, spoke regarding the costs for outside attorneys. J. E. O'Brien, 4130 Pompano, spoke regarding the City's unrestricted net assets and the ending fund balance in the general fund. Kelli Knupp, 195 Lago Vista Drive, Rockport, spoke regarding the EEOC office and eliminating staff support. Dr. Ridge Hammons, 6617 Bent Trail, spoke regarding the upcoming Community Youth Development grant "Outreach for the Future ". Jesse Molina, 4314 Leonard, spoke in support of a pay raise for the firefighters. Rene Saenz, 6022 Sweet Gum St., thanked the Council for appointing him to the Human Relations Commission. Mr. Saenz asked the Council to consider maintaining the budget for the Human Relations department and the find funding for the police officers and firefighters. Tomas Gallegos, 4314 Lake Superior, spoke regarding his personal experience with the Human Relations Office and the excellent service provided by the EEOC. Larry Cashion, 4010 Manhattan, asked the Council not to decrease the funding to the arts. Jerry Garcia, 3801 Gollihar, spoke regarding the motion to terminate the lease agreement with Westside Little League. Arnold Franco, Westside Little League, stated that games are played regularly at the Westside field and that the league allows the International Westside League to borrow the fields. Mr. Franco added that the league has not received City support. Santiago Escadena, President of the Westside Little League, spoke regarding the various letters sent by the City to bring the league fields to level standards for playing and the shape of the fields. Rudy Medina; 5413 Cain Drive, spoke regarding code requirements to build a fence at the building located at 5402 and 5410 Holly Road. Brandi Williams and Drew Combs spoke in support of re- storing the Sister City Budget. Elizabeth Reese, 3802 Denver, ask the Council to consider maintaining or increasing the Arts budget. * * * * * * * * * * * * * Mayor Garrett announced the executive session, which was listed on the agenda as follows: (Item 24 was postponed) 24- Executive cession under Texas Government Code Section 551.071 regarding Cause No. 07 178, Anna Robledo et al vs. City of Corpus Christi et al; with poscible discussion and action related thereto in open scccion. 25. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. * * * * * * * * * * * * Mayor Garrett recessed the regular Council meeting to hold a meeting of the Corpus Christi Community Improvement Corporation (CCCIC). * ** * * * ** * * *** -12- Minutes — Regular Council Meeting July 8, 2008 — Page 13 Mayor Garrett reconvened the Regular Council Meeting. Mayor Garrett referred to Item 22, and a motion was made, seconded and passed to open the following public hearing on the proposed FY2008 -2009 Operating Budget: 22. Public hearing on Proposed FY2008 -2009 Operating Budget. This budget will raise more total property taxes than last year's budget by $5,150,870 (General Fund $1,635,012, Debt Service Fund $3,098,076, and Special Revenue $417,782), or 7.6 %, and of that amount, an estimated $2,168,689 is tax revenue to be raised from new property added to the tax roll this year. This additional amount is due entirely to increases in property tax valuations and new property added to the tax roll and NOT to any increase of the current tax rate of $.563846. Assistant City Manager Oscar Martinez explained that the budget hearing would include an overview of the budget; a summary of long term actions plans; the tax rate adoption calendar and the public hearing. Mr. Martinez referred to a powerpoint presentation including the projected balance and summary of the general fund; council directed budget amendments; possible funding sources; proposed increase in 911 wireline fees; follow up on Solid Waste issues; Solid Waste recommendations; the projected fund balance and summary of the enterprise funds; amendment to water tap fees; tap fees; rate comparison; the projected fund balance and summary of the internal service funds; the projected fund balance and summary of the debt service funds; the projected fund balance and summary of the special revenue funds; long term compensation plans; Texas Municipal Retirement System (TMRS) funding; post employee benefits; capital expenditures /life cycle replacements; revenue source strategy /cost of service strategy; amendment of the fiscal year; recommendation; history of assessed valuations; history of ad valorem tax rates; tax rate split; definitions; FY2008 -2009 tax rates; tax rate adoption calendar; and the budget calendar. Ms. Martinez made a motion to direct staff to bring back a recommendation for maintaining the arts funding. The motion was seconded by Ms. Cooper and passed. Assistant City Manager Martinez said that staff would bring back recommendations to maintain the marketing efforts for the Marina and options for implementing pay as you go financing based on discussions by the Council. Ms. Leal requested a list of vehicles driven out of town and the justification for driving out of town. Mayor Garrett requested that staff bring back a recommendation for funding a cost of living increase for civilian employees. Mayor Garrett called for comments from the audience. Abel Alonzo, Chairperson for the Committee for Persons with Disabilities, spoke regarding the ADA investigator position; the costs associated with making the City completely ADA compliant; and whether the City was working in good faith to assist the disabled community. J.E. O'Brien, 4130 Pompano, spoke regarding the increase in valuation; the increase each year in the general fund balance; utility rate increases; the capital improvement program; council compensation; eliminating outside attorneys; and scheduling the public hearing for a time certain. Charlie Zahn, attorney representing the Nueces County Water Control and Improvement District No. 4, spoke regarding the proposed new rate model forwholesale water and the terms of the contract between the City and the District. Mr. Zahn asked the Council to direct staff to abide by the contract terms and adopt a water rate consistent with the terms of the contract. City Manager Noe stated that staff would schedule an executive session to discuss the District. Joann Gilbertson, 449 Eldon Drive, provided a diagram of North Beach and spoke regarding -13- Minutes — Regular Council Meeting July 8, 2008 — Page 14 the implementation of a Beachwalk along North Beach; an example of "specials" that were implemented in North Dakota through taxes to purchase sidewalks; the Columbus ships; bicycle safety; and the use of segways. Ms. Gilbertson recommended removing the $2.5 million for the replacement of the H.E.B. pool complex from the proposed Bond 2008 and reconsider funding the Beachwalk from the north end of the jetty to the Memorial Coliseum. Council members asked questions regarding reserve commitments; the reserve appropriation for fuel; the location of reserve for fuel for departments other than Solid Waste and Police; the amount of funding for the Fire Department for fuel reserves; how the fuel reserve amount was determined; whether the consumption reduction plan for fuel will be implemented prior to the budget year; the addition of a natural gas station; the total number of gas stations; the number of vehicles on natural gas; the type of vehicles on natural gas; whether the City is considering purchasing heavy trucks on natural gas; the arts funding for FY07 -08; possible funding sources; 911 wireline changes; ways to address staffing issues for the MetroCom dispatchers; requirements of the MetroCom dispatchers and salaries; whether MetroCom is currently staffed 24 hours; exploration of other MetroCom programs in other cities; incentive programs for businesses to participate in recycling programs; whether the percentage of recycling is significantly higher for businesses rather than residents; whether the City of Plano's has ceased participation in their recycling program; if there are commercial representatives on the recycling committee; the percentage of the total trash hauled that goes to recycling; the current life of the landfill; code enforcement for brush collection; the re- establishment of glass recycling; increase in slip rentals; the reason the Marina Fund is in the negative; whether the Marina is treated like a true enterprise fund; the golf center fund balance; non - airline review sources; whether the rate payer is subsidizing the cost of the tap fees; whether tap fees go into the trust fund; the rate comparison for tap fees; the process for adopting a tax rate greater than 8 %; debt service rates; whether there is some value for spending cash instead of debt; how financial advisors are chosen; the costs for financial advisors; what happened to the previous civilian employee compensation plan; the year the City capped the effective tax rate; whether the long term compensation plan excludes collective bargaining wage adjustments; the cost associated with a cost of living increase; ad valorem increases; retirement opinions other than TMRS; ways to reduce the number of vehicles in the inventory; whetherthe City has an ADA compliance plan; if the ADA investigator position was ever filled; whether the City is addressing ADA concerns; whether the number of frozen positions has changed; time spent by other Human Relations staff on ADA issues; whether the Nueces Water District would agree with mediation. Mr. Elizondo made a motion to close the public hearing, seconded by Mr. Marez, and passed. * * * * * * * * * * *** There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:14 p.m. on July 8, 2008. .,,,,, * ** * * * -14- 2 Requested Council Action: 7/22/08 Alternate Council Date: 7/29/08 AGENDA MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) Series V Tractor/Loader/Backhoe (backhoe) from Holt -Cat of Corpus Christi, Texas, based on most advantageous bid in accordance with Bid Invitation BI- 0186 -08 for a total amount of $140,113. The backhoe will be used by the Wastewater Department. This unit is a replacement to the fleet. Funding is available in the FY 07 -08 Capital Outlay Budget of the Maintenance Services Fund. BACKGROUND: Purpose: The backhoe will be used for excavation and backfilling of materials. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. Bid Invitations Issued: Twelve Bids Received: Two Award Basis: Most advantageous bid The backhoe bid by Holt -Cat (Holt) does not meet specifications regarding bucket dig out force. However, the bucket dig out force of the backhoe bid by Holt is within 2% of the specified requirements and unit meets all other specification requirements. The instruction to bidders included with the bid allows the City to waive as an informality minor deviations from specifications and accept a lower bid provided that the functionality is not impaired. Funding: Maintenance Services 550020 -5110 -40120 Capital Outlay # 54 Assistant Director of Financial Services —17— $140,113 BID INVITATION NO. BI- 0186 -08 SERIES V TRACTOR LOADER BACKHOE BUYER: MICHAEL BARRERA ITEM DESCRIPTION CITY OF CORPUS CHRISTI PURCHASING DEPARTMENT BID TABULATION QTY UNIT HOLT - CAT Corpus Christi, Texas UNIT EXTENDED PRICE PRICE Doggett Heavy Machinery Corpus Christi, Texas UNIT EXTENDED PRICE PRICE 1. Series V- Tractor Loader Backhoe with Extended -A -Hoe in accordance with Specification No. 1017 Extended Warranty - 60 months or 5,000 hrs Award 1 each $140,113 $140,113 -18- $140,113.00 $143,034 $143,034 3 Requested Council Action: 7/22/08 Alternate Council Date: 7/29/08 RECOMMENDATION: Motion approving a supply agreement with General Chemical Performance Products LLC, Parsippany, New Jersey for approximately 700 tons of liquid ammonium sulfate in accordance with Bid Invitation No. BI- 0151 -08, based on low bid for an estimated semi - annual expenditure of $137,200. The term of the supply agreement will be for six months with an option to extend for up to five additional six-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been requested for FY 08 -09. BACKGROUND: Purpose: Previous Contract: Contract Term This chemical will be used for treatment of potable (drinking) water to disinfect the treated water. The chemical will be the primary source for ammonia, which is used in conjunction with chlorine to form monochloramine, the primary disinfectant in the water treatment process. The option to extend the contract was not exercised due to the supplier's inability to maintain pricing. Liquid Ammonium Sulfate Six Months — Due to the tight supply of these chemicals, contracts will be established for a six month period. This will allow staff to evaluate the products on a six month cycle and rebid the contracts in the event of a softening of the market. Bid Invitations Issued: Twenty -seven Bid Received: Two Price Analysis: Pricing has increased approximately 85% since the last extension period of August 2007. According to the Producer's Price Index, pricing is increasing. Award Basis: Low Bid Funding: 0. N. Stevens Water Plant FY07 -08 520010 -4010 -31010 $0.00 The City currently has a contract in place until July 31, 2008. This new recommended contract will become effective on August 1, 2008. As such, no monies from this fiscal year are required to support this award. Funds have been requested for FY 08/09. Mich'.' a arrera Assistant Director of Financial Services —21— 0 WW 0U Z — Lu X °' W N W V Z -a, 0 0 0 0 10 U Q z 0 0 rt z 0 0 ow W CC Z 9 1- Q 0 J co -- 071 i W a a 1-m� c�a Ucc o a 0 W < 04 va cc Q J W It 1 - z (0 0 a 0 O Z N Z N O M O W CL 0 2 W (70¢ (o0 J U O U a O H W ZV-a, 0 0 0 O N OD 0 O co z N C O a DESCRIPTION 2 w 1- -33- 4 Requested Council Date: 7/22/08 Alternate Date: 7/29/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Commercial Chemical Products, Inc., Houston, Texas for approximately 432,500 pounds of Sodium Bisulfite Solution for use at the Wastewater Treatment Plants in accordance with Bid Invitation No. BI- 0187 -08 based on low bid for an estimated semi - annual expenditure of $148,780.00 of which $24,796.67 is budgeted in FY 07 -08. The term of the supply agreement will be for six months with an option to extend for up to five additional six-month periods subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 07 -08 and requested for FY 08 -09. *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** BACKGROUND: Purpose: Previous Contract: Contract Term Bid invitations Issued: Bids Received: Price Analysis: This chemical will be used for dechlorination at the Wastewaster Treatment Plants. The dechlorination is required by the Wastewater Discharge Permits. On October 2007 the City awarded Calabrian Corporation a contract for sodium bisulfite solution for dechlorination at the Wastewaster Treatment Plants. However, due to experiencing unusual high price increases for the raw materials used in manufacturing this chemical, the contractor is currently operating at a loss. They have requested a rebid, holding prices during the interim, until a new contract is in place. Sodium Bisulfite Solution Six Months — Due to the tight supply of these chemicals, contracts will be established for a six month period. This will allow staff to evaluate the products on a six month cycle and rebid the contracts in the event of a softening of the market. Twenty -Four Two Pricing has increased approximately 83% since the last contract of October 2007. According to the Producer's Price Index, pricing is increasing. Award Basis: Low Bid Funding: Wastewater Department FY -07/08 520010 -4200 -33100 $6,199.00 520010 -4200 -33110 6,199.00 520010 -4200 -33130 6,199.67 520010- 4200 -33140 6 199.00 Assistant Director of F. ancial Services —25— Total $24,796.67 -93- a 2 0 0 z Q - z m W O J ow U r, 700_ 201- J UuJ U O=< W yy01- 0 0 50.03 QH 0 z W O- 00 co 00 U2 9200 ,.o< ;nO ,Ira co MO-Jo ,o. ow 2 N z LL W W o -1E1- <-4[0 z7WZ, °070 ���o J U_ O a et r z 2 7 a ui 0 10 M M M tom+) 0 6 0 0 U 0 r W U Z 0 d m N 0 0 0 0 M 00) 0) 0) 6 6 6 6 H z 0 a 90,0001 LBS U U N m m CO J J J DESCRIPTION 0 C) 1- z 2 Z i- i- 2 z w z i- W3 oa Z Z <2 OA oz wz �� a ma Oa <a gE- 1- 0 5 Requested Council Date: 07/22/08 Alternate Date: 07/29/08 COUNCIL MEMORANDUM (A) ORDINANCE APPROPRIATING $110,015.31 FOR THE PURCHASE OF LIBRARY FURNITURE FOR THE NEW SOUTHSIDE LIBRARY FROM THE FOLLOWING SOURCES: 58,489.37 FROM UNAPPROPRIATED INTEREST EARNINGS FROM THE LIBRARY 2005 CIP FUND NO. 3224 AND $101,525.94 FROM UNAPPROPRIATED INTEREST EARNINGS FROM THE LIBRARY 2007A CIP FUND NO. 3225; CHANGING FY 2007 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 TO INCREASE APPROPRIATIONS BY $110,015.31; AND DECLARING AN EMERGENCY. (B) Motion approving the purchase of library furniture in accordance with Bid Invitation No. BI- 0206 -08 from the following companies for the following amounts based on only bid and low total bid for a total amount of $142,449.81. The library fumiture will be installed at the new Southside Library (Clotilde P. Garcia Library). Funds are available in the Southside Library Capital Improvement Project (CIP) Fund. Business Interiors of Texas Corpus Christi, Texas Groups: 1, 2, 4 & 5 $118,699.81 Jones & Cook Corpus Christi, Texas Group: 6 $23,750.00 TOTAL AWARD: $142,449.81 ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The library furniture will be used to furnish the new Library. Bid Invitations Issued: Bid Invitations Received: Basis of Award: Funding: Ten Four Only Bids — Groups 1 & 6 Low Total Bid — Groups 2, 4 & 5 Bidders were instructed to submit pricing on all line items within each group. Bids received from A Bargas & Associate, LLC, San Antonio, Texas; Jones & Cook, Corpus Christi, Texas and Commercial Concepts & Furniture, Independence, MO do not reflect complete group pricing. Library 2007A Capital Improvement Project 550720- 3225- 00000 - 120090 Library 2005 Capital Improvement Project 550720- 3224 - 00000 - 120090 Mic !- I era Assistant Director of Financial Services —29— TOTAL: $113,838.81 $28,766.00 $142,449.81 o o 0 0 a • w O z N F • 0 -0E- Commercial Concepts & Furniture Independence, MO TOTAL PRICE O O � 0 Q? N r 0 ,° GO V 0 N a) '. ^ N D tn O H U 101 o • O Jones & Cook Corpus Christi, Texas TOTAL PRICE 0 4 O y R E G U v C ON N vt y 0 7 E G f.j V 7 - _ O y N " E o N 7 - O 1 O N MN. A Bargas & Associate, LLC San Antonio, Texas TOTAL PRICE O o ' ON a N a) l� V 6w 0 N ttt• V) 0 o « O� R aw -, 0 • N O^ N 1C a"' ry 0 0 6s9 C in C O O O • Business Interiors of Texas Corpus Christi, Texas TOTAL PRICE 7 ni ti � En j O in N ti M 'N a O DESCRIPTION ?� W w W W frq Oa .� O� C7z F W L7 0 u) z z m W.a N O� ©En F gt:i 49 Z 0 ~ F F 2 2 Fa 00 C7 va a d F d 49 1/1 OF OvO, .. F z d CW7 aaa b O� C7o (ph 0 v 0 vi 0 N A en N d d �p V d - > 2 0 0 a)5 L O . U gill .0 0 C L1 HO a 0F C th y en = F co tn In C C .i'V X U .0. -3 a a E o t)°)U O Y y v • V E N 43 U O N U CU C U " 2 0.. x C • E F v° a 0 0 0 X 0 o a) c 6 a) ¢ C uao s C 0 a ) , O ) ✓ .y U v ao ,...1 an 3 v v a) U .• �' -0 o 'O y 'u wdw O 0 lc AN ORDINANCE APPROPRIATING $110,015.31 FOR THE PURCHASE OF LIBRARY FURNITURE FOR THE NEW SOUTHSIDE LIBRARY FROM THE FOLLOWING SOURCES: $8,489.37 FROM UNAPPROPRIATED INTEREST EARNINGS FROM THE LIBRARY 2005 CIP FUND NO. 3224 AND $101,525.94 FROM UNAPPROPRIATED INTEREST EARNINGS FROM THE LIBRARY 2007A CIP FUND NO. 3225; CHANGING FY 2007 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 TO INCREASE APPROPRIATIONS BY $110,015.31; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $110,015.31 is appropriated for the purchase of library furniture for the new southside library from the following sources: $8,489.37 from unappropriated interest earnings from the Library 2005 CIP Fund No. 3224 and $101,525.94 from unappropriated interest earnings from the Library 2007A CIP Fund No. 3225. SECTION 2. That the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 is changed to increase appropriations by $110,015.31. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 22nd day of July, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AS TO FORM: July 14, 2008 ette ssistant City Attorney For City Attorney —31— 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 -32- 6 Requested Council Action 07/22/08 Alternate Date 07/29/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Neptune Technology, Tallassee, AL for 45,334 water meters and water meter registers, based on best value in accordance with Bid Invitation No. BI- 0152 -08 for an estimated annual expenditure of $1,702,499 of which $141,874.91 is required for the remainder of FY 07/08. The term of the agreement shall be for twenty four months with option to extend for up to two additional twelve -month periods, subject to the approval of the supplier and the City Manager, or his designee. Funding is available in the Capital Improvement Project (CIP) Fund and the Water Department Operations budget for FY 07/08 and requested for FY 08/09. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The Water Department installs these meters to record the amount of water used by customers. The majority of these meters will be used for the Automated Meter Reading (AMR) Project Phase 4 and 5. These meters are capable of transmitting customer consumption of water via the City's Wi -Fi network. As a cost saving initiative, meters that have been in service for less than ten years will be retrofitted with an AMR compatible meter register that allows the meter to receive and transmit radio signals. Bid Invitation Issued: Ten Bids Received: Three Award Basis: Best Value Purchasing developed a matrix of the evaluation criteria. The evaluation criteria components set forth in the proposal included: (1) Pricing 85% and (2) AMR coordination/integration experience 15 %. Elster AMCO Water Inc. and Hersey- Meters Company, LLC did not submit references on AMR coordination/integration experience as required in the bid and therefore, have been deemed as non - responsive. Instructions in the bid indicated the City could deem a bid as non- responsive for failure to submit the required documentation. Neptune Technology Group has taken exception to a $50 labor installation fee for replacing defective registers. However, the instructions to bidders provided in the bid allows the City to consider minor deviations from specifications provided that the functionality is not impaired. The City is waiving the reimbursement fee as the City has not experienced a significant amount of defective registers over the past 3 years of purchases from Neptune (current supplier). —35— Funding: Capital Improvement Project 550720- 4475- 00000 - 200466 Water Department 5201504010 -31510 ichael Barrera Assistant Director of Financial Services —36— FY 07/08 $112,515.83 (one month) FY 07/08 $ 29,359.08 (one month) CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER: MARIA GARZA 7/15/2008 Evaluation Criteria Cost AMR Coordination/ Integration Experience Score Estimated Annual Cost Maximum Points 85 points 15 points SUMMARY EVALUATION MATRIX BID INVITATION NO. BI- 0152 -08 COLD WATER DISPLACEMENT TYPE AND TURBINE TYPE WATER METERS AND REGISTERS Neptune Technology Elster Amco Water Inc. Cleveland, y Meter Company, LLC Tallessee, AL Ocala, FL Points Awarded Points Awarded 85 15 100 $1,702,499.00 Points Awarded 69 C) 69 ( *) $2,102,805.65 r) (•) Elster Amco Water, Inc. and Hersey Meters Company, LLC did not submit references on AMR Coordination /Integration experience as required in the bid and therefore, have been deemed as non- responsive. (••) Pricing shown is for Group 1, Meters only. When compared to Neptune Technology's bid for Group 1, Neptune's bid is low by $77,496.50. -37- 66 0 66 $1,166,916.00 (Incomplete) 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/22/08 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept a grant in the amount of $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor cash match of $287,824, in-kind match of $14,019, for a total project cost of $747,025 City and to execute all related documents. B. Ordinance appropriating $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund. ISSUE: The ATPA has awarded Year eight funding to the City of Corpus Christi and the grant must be accepted and funds appropriated. REQUIRED COUNCIL ACTION: Approval to accept the grant and appropriate the funds. PREVIOUS COUNCIL ACTION: Approval to submit the grant on 04/29/08. FUNDING: Year 8 of the grant requires at least a 20% match by the City. The match may be cash, in -kind, or program income. The Police General Fund will provide a cash match of $271,113, for swom officers' salaries/benefits, in -kind contribution of $14,019 for office space /operating costs, and program income of $16,711 for travel and other operating costs. CONCLUSION AND RECOMMENDATION: Acceptance of the grant and appropriation of funds. B. P. Smith Chief of Police Attachments: ✓ Grant award document —41— BACKGROUND INFORMATION The City of Corpus Christi has received Year 8 funding from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft unit in the Police Department. The ATPA was established in 1991 due to rising auto thefts and is funded through an annual $1 fee on every insured vehicle in Texas charged to insurance companies who provide vehicle insurance coverage in Texas. The Texas Comptroller of Public Accounts collects the fee. The unit focuses not only on detection and apprehension, but also on the salvage yards in the City and County to reduce the sale of stolen vehicles and parts. There is an extensive public awareness campaign that is a requirement of the grant; this has included a resurgence of the Operation HEAT program as well as other crime prevention programs focusing on reducing auto thefts. Since the inception of the unit in 2001, auto thefts have decreased by 46% from 1,515 to 824 in 2007. The grant provides $445,182 for one Lieutenant to supervise the Unit, two sworn CCPD officers, one civilian Crime Analyst, one civilian Management Assistant, and one Staff Assistant. The three civilians conduct data analysis, crime analysis, manage the required public awareness campaign, and maintain grant paperwork. Cash, in -kind, and program income contributions in the amount of $301,843 include office supplies, copy machine, and salaries/fringe benefits for three General Fund swom officers assigned to work with the Task Force. Because these funds are neither Federal nor State but from an insurance fee, there is no set time limit for the grant to end; other grantees have been continuously funded for 10 years. The City must reapply each year because the ATPA requires a very close review of performance and the grantee's ability to utilize the funds efficiently. —42— TO: FROM: SUBJECT: Watch Your Car mus am IMIABUIl4a186TIPIVII ION wlxmun 4000 Jackson Avenue Austin, Texas 78731 Telephone: (512) 374-5101 Facsimile: (512) 374-5110 MEMORANDUM Project Directors Automobile Burglary and Theft Prevention Authority (ABTPA) Grants Susan Sampson, Director Automobile Burglary and Theft Prevention Authority ABTPA Grant Award Documents The enclosed packet contains important documents concerning a grant awarded to your agency by ABTPA. In a separate letter, the authorized official designated in your grant application has been informed of the award. Also for your information, please be advised that, under separate cover, the designated financial officer has been sent a copy of the documents enclosed in this letter; a set of Request of Funds forms which need to be sent to the ABTPA office; and reference documents, if applicable. The documents provided should be read carefully and kept in your permanent records. The documents included are listed below: 1. Original Grant Award Letter. 2. Original Statement of Grant Award which lists the Special Conditions which need to be met prior to release of funds. 3. Original Acceptance Notice. 4. Original Budget Digest. The Statement of Grant Award contains a copy of the Approved Budget Summary, which reflects the final grant budget. This approved budget may or may not be exactly the same as the budget contained in the grant application originally submitted to ABTPA. Because of this, you should compare this document with the application to familiarize yourself with any changes that may have occurred. Please read carefully the approved budget summary and if there are any corrections contact ABTPA before the Acceptance Notice is signed. If I can be of assistance, please call 512/374 -5108. —43— 4011k4 Watch Your Car June 27, 2008 Mr. George K. Noe Manager City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 ORIGINAL Re: GRANT NBR: SA -T01- 10045 -09 YEAR OF FUNDING: 7 APPLICATION: City of Corpus Christi TITLE: Corpus Christi Auto Theft Prevention Grant AMOUNT: $ 445,182 Dear Mr. Noe: I am pleased to inform you that the above referenced grant is approved in the amount indicated. The grant award must be accepted within 30 days by completing and returning the enclosed grantee acceptance notice in the pre - addressed envelope provided. A copy of the Automobile Theft Prevention Authority's Grant Administrative Guide is being forwarded under separate cover to the financial officer designated in your grant application. I look forward to working with you to ensure the success of your program. Any questions relating to the administration of this grant should be directed to our office by calling the Grant Administrator, Charles Caldwell (512) 374 -5108. Sincerely, Susan Sampson Director, ABTPA —44— Grant Number: Grantee Name: Project Title: Grant Period: Texas Automobile Burglary and Theft Prevention Authority Statement of Grant Award SA -T01- 10045 -09 City of Corpus Christi Corpus Christi Auto Theft Prevention Grant 09/01/2008 - 08/31/2009 ABTPA Award: Grantee Cash Match: Grantee In -Kind Match: Total Project Cost: $445,182 $287,824 $14,019 $747,025 The Texas Automobile Burglary and Theft Prevention Authority (ABTPA) has awarded the above - referenced grant. The approved budget is reflected in the attached Approved Budget Summary. This grant is subject to and conditioned upon acceptance of the ABTPA Grant Application and Administration Guidelines (Guide) promulgated for this specific program fund (referenced above) through the Automobile Burglary and Theft Prevention Authority. Applicable special conditions are contained in the Guide or cited below. Total project costs must be accounted for in accordance with the Uniform Grant and Contract Management Standards and the Guide. GRANTEE REQUEST FOR FUNDS All Grantee request for funds shall be submitted to ABTPA in accordance with the instructions provided by ABTPA and shall be in the form required by ABTPA. Requests for funds will not be honored until all special conditions outlined on the Statement of Grant Award and that required action on the part of the grantee have been satisfied GRANT ADJUSTMENTS Grantee shall submit written requests for grant adjustments, as required by the applicable ATPA Rule contained in the Grant Application and Administration Guidelines for this specific program fund. Special Conditions and Requirements: Confidential Funds Certification Cooperative Working Agreements AIN 2 7 2008 AWARD DATE SUSAN SAMPSON Automobile Burglary and Theft Prevention Authority 4000 Jackson Avenue, Austin, Texas 78731 512/374 -5101 -.45- TEXAS AUTOMOBILE BURGLARY AND THEFT PREVENTION AUTHORITY GRANTEE ACCEPTANCE NOTICE AGREEMENT: That whereas City of Corpus Christi hereinafter referred to as Grantee, has heretofore submitted a grant application to the Automobile Burglary and Theft Prevention Authority, State of Texas, entitled Auto Theft Prevention Grant and further identified by grant number SA- T01- 10045 -09 ; and Whereas, the Automobile Burglary and Theft Prevention Authority has approved the grant application as evidenced by the Statement of Grant Award from the Automobile Burglary and Theft Prevention Authority dated 06/27/08 . certain special requirements; and Whereas, the Grantee desires to accept the grant award, the Uniformed Grant and Contract Management Standards, and special requirements as evidenced by the Statement of Grant Award; Now, therefore, the Grantee accepts the aforementioned Statement of Grant Award, the Uniformed Grant and Contract Management Standards and special requirements in the grant application and the Statement of Grant Award as evidenced by the agreement, executed by the project director, the financial officer, and the official authorized to sign the original grant application, or the official's successor, as presiding officer of and on behalf of the governing body of this grantee; and Now, therefore, the Grantee shall designate either the project director or the financial officer to coordinate and be solely responsible for submission of adjustments pertaining to both program and financial elemeg]!ts of the application, and the POSITION authorized to submit adjustments is BR(r.n +'• 5m NON - LOBBYING CERTIFICATION: We, the undersigned, certify that none of the grant funds, regardless of their source or character, including local cash assumption of cost funds, shall be used in any manner to influence the outcome of any election or the passage or defeat of any legislative measure. A finding that a grantee has violated the certification shall result in the immediate termination of funding of the project and the grantee shall not be eligible for future funding from the Automobile Burglary and Theft Prevention Authority. Certified By: Signature of Project Director /at BR9a.n RS rtvri4) ,tf IwoFTh Name & Title(must print or type) p.o. X 9'0 lc° Official Agency Address(street or post office box) Date: / />, /O r Co 4ku_s Oke.15 1 � TV-Z 3 469 C,City/Zip Code/Telephone Numer 3(o.l)gg(a a-00 Signature of Financial Officer _ _^ K cfP al&IDy o'BRkE/-/, Rma.ncia.0SCAOhco -s Name & Title(must print or type) P. o . (30)c 9a77 Official Agency Address(street or post office box) COtyRPU.SCH-R15 -rl ,-- gfci -69 Code/Telephone 34::;09- Number Signature of Authorized Official eoR6t K./v.Up CITy (vi h6&-R Name & Title (must print or type) P-o. ()( gag7 Official Agency /Address (street or post office box) CORDuS TV- g -tQ,9 (3(00eSalo -'J22� Grant Number: Grantee: Project Title: Grant Period: Funding Source: Texas Burglary and Automobile Theft Prevention Authority Approved Budget Summary SA - -T01- 10045 -09 City of Corpus Christi Corpus Christi Auto Theft Prevention Grant 09/01/2008 to 08/31/2009 Auto Burglary & Theft Prevention Authority Region: 2000 Date: 06/26/08 A. Personnel: B. Contractual: C. Travel: D. Equipment: E. Supplies: F. Indirect: Total: ABTPA Cash Match $402,082 $271,113 $7,000 $11,091 $36,100 $445,182 In -Kind $5,620 $14,019 $287,824 $14,019 TOTAL $673,195 $0 $18,091 $0 $55,739 $0 $747,025 Budget Detail: A. Crime Analyst 100% $41,430; Management Asst. III 100% $34,060; Lieutenant 100% $67,824; Senior Officer 100% $58,488; Senior Officer 100% $55,704; Investigative Specialist 100% $23,066; Overtime $10,000; Fringe Benefits $111,510 C. Local: $505 In- State: ABTPA Conference $5,205; ABTPA Bd. Mtg $1,290 E. Office Supplies $3,000; Cellular Phone Airtime $5,400; Air Card Time $1,800; Public Awareness Media 56,000; Postage $500; Fuel & Maintenance $9,400; Confidential Funds $5,000; Coveralls, Tools for SaIv Yards $1,000; Vehicle Maintenance $4,000 -Law Enforcement. Detection and Apprehension -47- ORDINANCE APPROPRIATING $445,182 FROM THE TEXAS AUTOMOBILE THEFT PREVENTION AUTHORITY (ATPA) IN THE NO. 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $445,182 from the Texas Automobile Theft Prevention Authority (ATPA) is appropriated in the No. 1061 Police Grants Fund for funding of the CCPD motor vehicle theft unit. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on July 22, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form d u i j 10 2008; Joseph Harry Assistant City Attorney -48- TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummeli Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -49- 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22 2008 AGENDA ITEM: A: Resolution authorizing the City Manager or designee to accept a $55,139 grant awarded by the Corporation for National and Community Service for Retired and Senior Volunteer Program (RSVP). B: Ordinance appropriating a $55,139 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Retired and Senior Volunteer Program; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide enhanced funding to continue Retired and Senior Volunteer Program (RSVP). The fund authorization will before the period April 1, 2008 through March 31, 2009. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund RSVP from April 1, 2008 through March 31, 2009. PREVIOUS COUNCIL ACTION: On August 21, 2007, the City Council accepted and appropriated Federal funds in the amount of $56,119 from the Corporation for National and Community Service. This Council action authorized funding for the third year of a three year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $55,139 in Federal funds to the City of Corpus Christi. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. Attachments: Background Information —53— ally Ga rik, 1' rector Parks -,i . Recreation Department BACKGROUND INFORMATION Retired and Senior Volunteer Program (RSVP) has proven to be exceptionally beneficial to both senior citizens and various public and private agencies in Corpus Christi. RSVP volunteers are individuals 55 years or older who utilize their talents and experience to serve the needs of the community. During the last grant period 824 enrolled volunteers contributed 130,432 hours during the 2007 -2008 fiscal year through 54 different non - profit organizations like the Corpus Christi Literacy Council, KEDTV, South Texas Botanical Gardens, American Red Cross, CC Lions Eyeglass Recycle Center and other community based organizations like Driscoll Children's Hospital, Christus Spohn Hospitals, USS Lexington, Alameda Oaks Nursing Center to name a few. RSVP dedicated 49,821.5 hours of service to City departments including the Police Department's Special Services; Training; Identification; Criminal Investigation; Family Violence and Community Services Divisions. In addition, other City departments served include the Public Library; Corpus Christi International Airport; Museum of Science and History and Parks and Recreation. —54— Notice of Grant Award Retired and Senior Volunteer Program Grantee For Omclal Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 City of Corpus Christi 1201 Leopard PO Box 9277 Corpus Christi TX 78469 EN: 746000574 Award Information Agreement No.: 08SRWTX019 Project Period: Amendment No.: 0 Budget Period: CFDA No.: 94.002 Award Description Award FY08 RSVP funds ($55,139) for year 1 of 3. 04/01/2008 - 03/31/2011 04/01/2008 - 03/31/2009 Purpose The purpose of this award is to assist the gmntee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Previously This Mnrdl Toil Current Current Year Mnrded Amendment Tsar Thls Tsar Total Obligated by CNCS Grantee's Unobligated Balance (Carryover) Total Available SO 555,139 555,139 SO SO 50 SO 555,139 555,139 Cumulative Funding for Project Period Total Awarded in Previous Years Total CNCS Funds Awarded to Date SO 555,139 Special Conditions This grant award includes a Fiscal Year 2008 Congressional Consolidated Appropriations Act rescission of 1.747 %. The following attachments to your application must be received by the Program Manager no later than April 15, 2008: 1. Organization chart; 2. Project Director's job description; 3. Names, addresses and level of communtiy participation for all Board Members; 4. Current Indirect Cost Rate Agreement; 5. Statement of Audit; 6. Volunteer stations. Failure to provide the requested documentation by the deadline will result in a restriction being placed on your ability to draw down grant funds from your Payment Management Account. Costs allowed under this grant are limited to those categories contained in the signed application package dated March 7, 2008. Grantees shall prepare a Project Progress Report (CNCS -1020 for Senior Corp) semi - annually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. age 1 ForftalltUse Only Notice of Grant Award Retired and Senior Volunteer Program Grantee For Official Use Only 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https:// egrants .cns.gov /tennsandconditlons/ RSVP _TandC_Revised_20060925.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. Corporation for National and Community Service: Signature Janet Caranci Date Name (typed) Senior Grants Officer Title Lennette B. White, 215 -597 -2782 Grants Official Brenda Ross, (501)324 -5234 Program Official Page 2 fk5€8eia1 Use Only A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO ACCEPT A $55,139 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE RETIRED AND SENIOR VOLUNTEER PROGRAM (RSVP). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $55,139 grant awarded by the Corporation for National and Community Service for the Retired and Senior Volunteer Program (RSVP). INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the 22nd day of July, 2008. ATTEST: Armando Chapa, City Secretary Approved: July 7, 2008 Lisa Aguilar Assistant City Attorney For City Attorney -57- CITY OF CORPUS CHRISTI Henry Garrett, Mayor Corpus Christi, Texas Day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Mike McCutchon -58- Page 1 of 2 ORDINANCE APPROPRIATING A $55,139 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE RETIRED VOLUNTEER PROGRAM; AND DECLARING AN EMERGENCY SENIOR BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $55,139 grant from the Corporation for National and Community is appropriated in the No. 1067 Parks and Recreation grants fund for the Retired and Service Senior Volunteer Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at upon first reading as an emergency this this ordinance day of July, 2008. effect ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor Approved: July 7, 2008 Lisa Aguilar Assistant City Attorney for City Attorney H:\LEG- DIR \Lisa\2008 ORDINANCES \RSVP Ordinance.doo -59- Page 2 of 2 Corpus Christi, Texas day of , 2007. TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Henry Garrett, Mayor The City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Mike McCutchon H: \LEG- DIR \Lisa\2008 ORDINANCES \RSVP Ordinance.tloc -60- 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22 2008 AGENDA ITEM: A: Resolution authorizing the City Manager or designee to accept a $270,943 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. B: Ordinance appropriating a $270,943 grant from the Corporation for National and Community Service in the No.1067 Parks and Recreation grants fund for the Senior Companion Program; and declaring an emergency. ISSUE: This grant made available through the Corporation for National and Community Service will provide funding to continue the Senior Companion Program (SCP). The fund authorization will be for the period July 1, 2008 through June 30, 2009. REQUIRED COUNCIL ACTION: Council authorization is required to accept and appropriate Federal grant funds from the Corporation for National and Community Service to fund the Senior Companion Program from July 1, 2008 through June 30, 2009. PREVIOUS COUNCIL ACTION: On August 21, 2007 the City Council accepted and appropriated Federal funds in the amount of $275,761 from the Corporation for National and Community Service. This Council action authorized funding for the first year of a three -year continuing grant process. FUNDING: The Corporation for National and Community Service is issuing a grant in the amount of $270,943 in Federal funds to the City of Corpus Christi. CONCLUSION AND RECOMMENDATION: Council authorization is requested to accept and appropriate funds from the Corporation for National and Community Service. y c' vlik, iirect Parks e d Recreation Department Attachments: Background Information —63— BACKGROUND INFORMATION The Senior Companion Program (SCP) assists low- income volunteers 60 years and over who are willing to serve as companions to homebound elderly and /or disabled persons 21 years of age or older. The Companions assist homebound individuals with daily living tasks, such as light meal preparation, grocery shopping and minor housekeeping chores. They also provide critical respite care service for hospice support to family caregivers. Their assistance allows homebound clients to remain in their homes, delaying institutionalization while maintaining their independence and dignity. Companion benefits include a stipend of $2.65 an hour, a $1.50 meal reimbursement and either mileage reimbursement or bus tokens. In FY 2007 -2008, there were 62 companions enrolled in the program. These volunteers contributed 46,651 hours of service in our community. —64— Notice of Grant Award Senior Companion Program Grantee For OM's! Use Only Corporation for National and Community Service 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 Award Information Agreement No.: 07SCWTX001 Project Period: Amendment No.: 1 Budget Period: CFDA No.: 94.016 Award Description Authorize FY2008 funding. 07/01/2007 - 06/30/2010 07/01/2008 - 06/30/2009 Purpose The purpose of this award is to assist the grantee in carrying out a national service program as authorized by the Domestic Volunteer Service Act of 1973, as amended (42 U.S.C., Chapter 22). Funding Information Current Year Previously This Award/ Total Currant hoarded Intendment Year Thls Year Total Obligated by CNCS Granter's Unobligated Balance (Carryover) Total Available 50 5270,943 5270,943 50 50 50 50 5270,943 5270.943 Cumulative Funding for Project Period Total Awarded in Previous Years Total CNCS Funds Awarded to Date 5275,761 5546,704 Special Conditions Costs allowed under this grant are limited to those categories contained in signed application package dated 6/13/08. This grant award amendment includes a Fiscal Year 2008 Congressional Consolidated Appropriations Act rescission of 1.747 %. Grantee shall prepare a Project Progress Report (CNCS -1020 for Senior Corps) semiannually at the end of the 2nd and 4th quarters of the budget period. The report shall be submitted to the Corporation Program Manager no later than 30 days after the end of the designated reporting period. The grantee shall be entitled to reimbursement for costs incurred on or after July 1, 2008 which if incurred before the signature date of this award, would have been reimbursed under the terms of this grant. Terms of Acceptance: By accepting funds under this grant, the Grantee agrees to comply with all terms and conditions of the grant that are on the Corporation's website at https: // egrants. cns. gov/ termsandconditions/FGP_SCP_TandC Revised_20060925.pdf, all assurances and certifications made in the Grant application, and all applicable federal statutes, regulations and guidelines. The Grantee agrees to administer the funded Program in accordance with the approved Grant application and budget(s), supporting documents, and other representations made in support of the approved Grant application. peel For06101nme Only For Official Use Only Notice of Grant Award Senior Companion Program 601 Walnut Street, Suite 876 E Philadelphia, PA 19106 Grantee City of Corpus Christi EIN: 746000574 1201 Leopard PO Box 9277 Corpus Christi TX 78469 Corporation for National and Community Service: 06/19/2008 Signature Date Lennette B. White Name (typed) Senior Grants Officer Title Lennette B. White, 215 -597 -2782 Grants Official Brenda Ross, (501)324 -5234 Program Official Page 2 Eaelyirlal Use Only A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A $270,943 GRANT AWARDED BY THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE FOR THE SENIOR COMPANION PROGRAM. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or designee is authorized to accept a $270,943 grant awarded by the Corporation for National and Community Service for the Senior Companion Program. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the _ day of July, 2008. ATTEST: Armando Chapa, City Secretary Approved: July 7, 2008 Lisa Aguilar Assistant City Attorney For City Attorney H:\LEG- DIRLisat2008 Resolutions\SCP Resolution.doc CITY OF CORPUS CHRISTI Henry Garrett, Mayor -67- Corpus Christi, Texas 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 —68— ORDINANCE APPROPRIATING A $270,943 GRANT FROM THE CORPORATION FOR NATIONAL AND COMMUNITY SERVICE IN THE NO. 1067 PARKS AND RECREATION GRANTS FUND FOR THE SENIOR COMPANION PROGRAM; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. A $270,943 grant from the Corporation for National and Community Service is appropriated in the No. 1067 Parks and Recreation grants fund for the Senior Companion Program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at o reular meetings so that upon first reading asgan emergency measure lth s rt takes effect the ordinance is day of July, 2008 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved July 11, 2008 Lisa Aguila Assistant City Attorney For City Attorney —69- ..6 none IAMflPS RCP Ordinance.doc 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 —70— 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2008 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a grant application in the amount of $500,000 to the to the Texas General Land Office for the purpose of participating in the Texas Coastal Impact Assistance Program for design enhancements and development of educational resources for the proposed Oso Nature Center. ISSUE: The City of Corpus Christi Parks and Recreation Department would like to apply for a Texas General Land Office Coastal Impact Assistance Program (CIAP) on July 31, 2008 in support of the Oso Conservation Interpretive Park project located between Holly and Wooldridge on Oso Bay. The objectives of the CIAP program are to: restore, protect, and enhance coastal natural resources; improve water quality; enhance public access; improve onshore infrastructure and environmental management; mitigate erosion and stabilize shorelines; and, educate the public on the importance of coastal natural resources. There is no required City match. REQUIRED COUNCIL ACTION: Approval of resolution to submit grant application. PREVIOUS COUNCIL ACTION: Council previously approved a resolution to submit an Indoor Grant to Texas Parks and Wildlife on July 15, 2008. A resolution to submit an Outdoor Grant was approved in April, 2008. A resolution to approve the Oso Creek - Oso Bay Greenbelt, Parks & Trails System was approved August, 2006. A second presentation of the Oso Creek - Oso Bay Greenbelt, Parks & Trails System was made 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. The department has recently received verbal confirmation of the Recreational Trails grant award of $200,000. CONCLUSION AND RECOMMENDATION: The Parks and Recreation Department recommends Council approve the resolution required by the grant application. Attachments: none —73— ally 'Ftcvlik, Direc Parks! nd Recreation Department RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A GRANT APPLICATION IN THE AMOUNT OF $500,000 TO THE TEXAS GENERAL LAND OFFICE FOR THE PURPOSE OF PARTICIPATING IN THE TEXAS COASTAL IMPACT ASSISTANCE PROGRAM FOR DESIGN ENHANCEMENTS AND DEVELOPMENT OF EDUCATIONAL RESOURCES FOR THE PROPOSED OSO NATURE CENTER. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to submit a grant application in the amount of $500,000 to the Texas General Land Office for the purpose of participating in the Texas Coastal Impact Assistance Program for design enhancements and development of educational resources for the proposed Oso Nature Center. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 14, 2008 Lisa AguilafJ Assistant City Attorney for City Attomey -74- Henry Garrett Mayor Corpus Christi, Texas 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 -75- 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2008 AGENDA ITEM: Ordinance appropriating $187,905.07 in developer contributions and $65,277.80 in interest eamings for a sum of $253,182.87 in the No. 4720 Community Enrichment Fund for park improvements; and declaring an emergency. ISSUE: On March 25, 2003 City Council adopted an Ordinance to add a Community Enrichment Fund 4720. In Section 4 of the ordinance the City Council approved $773,062.31 to be transferred from Trust Fund 6010 to and appropriated in Community Enrichment Fund 4720. Periodic appropriation of interest and contributions by ordinance is required, usually at the end of each fiscal year. REQUIRED COUNCIL. ACTION: Council action is required to authorize the City Manager or his designee to appropriate funds. PREVIOUS COUNCIL ACTION: On December 11, 2007, Council appropriated $97,140.31 in developer contributions and interest earnings in the No. 4720 Community Enrichment Fund for park improvements, changing ordinance which adopted the FY 06 -07 operating budget. FUNDING: The Platting Ordinance requires that land or money is dedicated for the creation of neighborhood parks when residential subdivisions are designed and constructed by private developers. These funds are deposited into the No. 4720 Community Enrichment Fund in separate accounts for each park. Funds are appropriated annually. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance v . ik, Dr-'to Parks -I d Recreation Cindy O'Brien, Director Finance Department Attachment: Background Detail of interest and developer contributions —79— BACKGROUND INFORMATION The Community Enrichment fund was established to record revenues and expenditures for park land acquisition, park development, and improvement of parks. Revenues deposited to this fund for park development are 1) fees in lieu of land, and, 2) park development fee. Funds are appropriated periodically, usually at the end of each fiscal year. The Platting Ordinance provides that should the City accept the fee in lieu of land, the fees shall be used for the acquisition or improvement of parks most likely to serve the residents of the subdivision. The park most likely to serve a subdivision shall in no case be located more than one and one -half miles from the subdivision, taking into consideration factors such as the proximity of major barriers to accessibility including freeways, navigable streams and bodies of water. Community Enrichment Fund monies shall be used only for parkland acquisition and park development including utility extensions required to serve recreational areas. Effective December 17, 2007, City Council approved Ordinance No. 027527 which established a Park Development Fee of $200 per dwelling unit. The fee may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan. —80— COMMUNITY ENRICHMENT FUND 4720 WI- appropriated Org Account Description 21502 Beautification prom. interest 492.49 21507 Ed exchg prg- Sister City interest 34.16 21300 Park irust- unresirictinterest 59 ,621.93 21371 Gateway Phase 2 interest 468.07 21357 HEB Park pool Si tennis interest 96.10 21511 Permanent art trust ingest 4,567.05 INTEREST 65,277.80 21336 Cole Park donations 245.00 21431 Hour Bluff Estates 1,799.95 21817 San Cristobal @ Tema Mar 17,054.80 21618 HE Country Estates 5,562.00 21858 Kitty Hawk Subdivision 28,206.20 21819 San Sebastian 28,055.01 21621 Karsten 1,500.00 2167 Vista Hermosa 18,545.00 21622 Riverside Acres 3,335.87 21623 Morton Tract 518.30 21824 Northwest Estates Unit 2 27,000.00 21626 Hollywood Terrace 200.00 21432 Bayview 506.95 21413 South Fork Subdiv- donations 808.00 21390 CAP tees 5,502.95 21395 King's Point, Unit 2 35,445.94 21422 Flour Bluff Gardens 1,999.10 21627 Maples Hill 11,820.00 CONTRIBUTIONS 187,905.07 TOTAL INT 1 CONTRB 253,182.87 -81- Page 1 of 2 ORDINANCE APPROPRIATING $187,905.07 IN DEVELOPER CONTRIBUTIONS AND $65,277.80 IN INTEREST EARNINGS FOR A SUM OF $253,182.87 IN THE NO. 4720 COMMUNITY ENRICHMENT FUND FOR PARK IMPROVEMENTS; AND DECLARING AN EMERGENCY. Whereas, Section IV G 6 of the City of Corpus Christi Platting Ordinance provides that should the City accept fees in lieu of land for park dedication, the fees shall be placed in the City's Community Enrichment Fund for the acquisition or improvement of parks most likely to serve the residents of the subdivision, which shall in no case be located more than one and one -half miles from the subdivision, and for the parkland acquisition and park development including utility extensions required to serve recreational areas; Whereas, Section IV G 7 of the Platting Ordinance provides that park development fees may be used only for development of a public recreational area that will serve the subdivision consistent with the Parks, Recreation and Open Space Master Plan; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $187,905.07 in developer contributions and $65,277.80 in interest earnings, total sum of $253,182.87 is appropriated in the No. 4720 Community Enrichment Fund for park improvements described by Section IV G 6 and Section IV G 7 of the City of Corpus Christi Platting Ordinance. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the _ day of , 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett. City Secretary Mayor Approved: July 14, 2008 Lisa Aguil Assistant City Attorney For City Attorney —82— 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 —83— 12 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: Motion authorizing the City Manager or designee to execute an agreement with M. Dee Koch, PhD for psychological services for the Police, Fire, and Aviation Departments. The term is for three years at an hourly rate of $45.00 with an estimated annual cost of $128,360. ISSUE: The Police, Fire, and Aviation Department Airport Security Police routinely require the services of a certified psychologist. In addition, State law mandates that prospective candidates for positions in these departments be psychologically certified prior to hiring. REQUIRED COUNCIL ACTION: Approval of the contract. PREVIOUS COUNCIL ACTION: Council approved the last contract July 12, 2005. FUNDING: $128,360 is provided in the Police, Fire, and Aviation operating budgets for FY 08/09. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the contract. Bryan P. Smith Chief of Police Attachments: Dr. Koch contract Richard Hooks Fire Chief -87- Fernando Segundo Director of Aviation BACKGROUND INFORMATION The current three year contract with Dr. M. Dee Koch will expire July 31, 2008. The services of Dr. Koch have been utilized for the past thirty (30) years for counseling of Police employees, civilians, recruits, officers, and family members. The services also include the testing, evaluation, and psychological certification of Police applicants, Fire Department applicants, Airport Security Police applicants, Police Dispatchers, City Warrant Officers, and Police Reserve Officers. State law mandates that each of these positions be psychologically certified prior to hiring. Dr. Koch also provides guidance to Police, Fire, and Aviation management in the areas of personnel problems, officers facing psychological trauma as the result of violent events, and families which may need assistance due to the stress of the profession. The contract includes the services of Dr. Koch, an additional counselor on staff, and his office staff (full time secretary and part-time bookkeeper). The new contract represents an increase of $5.00 per hour, the fourth rate increase in the hourly rate since the contract originated in 1978. Previous $5.00 per hour increases occurred in July, 1999, July, 2002, and July 2005. The relationship of trust and excellent rapport that Dr. Koch has established with officers and civilians could not be readily gained if a new psychologist was utilized. Therefore, it is recommended to continue utilizing the services of Dr. Koch. —88— AGREEMENT The following AGREEMENT is between the City of Corpus Christi, a Texas home -rule corporation (hereinafter referred to as "City") acting through and by its duly authorized City Manager or designee, and Dr. M.D. Koch, a psychologist (hereinafter referred to as "Psychologist ") whose business offices are located at 6000 South Staples, Suite 302, Corpus Christi, Texas. WITNESSETH City and Psychologist, in consideration of the mutual covenants and agreements contained herein, do hereby consent as follows: 1. Service and Materials. Psychologist shall provide to City services and materials as directed by the Corpus Christi Chief of Police (hereinafter referred to as "Chief of Police ") in accordance with Corpus Christi Police Department (hereinafter referred to as "CCPD ") requirements; as directed by the Corpus Christi Director of Aviation (hereinafter referred to as "Director of Aviation") for purposes of the airport security officers; and as directed by the Chief of the Corpus Christi Fire Department (hereinafter referred to as Fire Chief) in accordance with Corpus Christi Fire Department (hereinafter CCFD) requirements. All services must be performed in a professional manner. All matters not covered in detail must be performed in a manner consistent with the standards now prevailing in the discipline of professional psychology. 2. Term. This AGREEMENT will become effective as of August 1, 2008 and remain in effect through July 31, 2011, all dates inclusive. The schedule of services to be performed will conform to the reasonable needs of the Chief of Police, CCPD, the Director of Aviation for the airport security officers, and the Fire Chief for CCFD. 3. Records and Payment. Psychologist will keep and maintain in a professional manner records, to include time sheets, documenting hours worked and services rendered. Psychologist shall present such time sheets to City on a monthly basis. City shall make payment to Psychologist on a monthly basis at the rate of $45.00 per hour. 4. Assignment. This AGREEMENT is not assignable by either party without the prior written consent of the other party. 5. Severability. If a provision of this AGREEMENT is declared or found to be illegal, unenforceable by law or void, neither party shall thereby be relieved of any remaining obligations under this AGREEMENT. If capable of performance, both parties shall honor the remainder of said AGREEMENT and said remainder shall be unaffected by such declaration or finding of illegal, unenforceable or void provision(s). —89— 6. Venue. All amounts due and obligations performed under this AGREEMENT shall be paid and performed in Nueces County, Texas, and all questions arising hereunder shall be construed and resolved according to the laws of the State of Texas. 7. Amendment. Except as otherwise provided herein, this AGREEMENT may only be amended with the mutual consent of, and executed by, the duly authorized agents of all parties. 8. Termination. This AGREEMENT may be terminated at any time and for the convenience of either party by providing written notice to the other party of intent to terminate, at least thirty (30) days prior to the effective date of said termination. 9. Compliance. This AGREEMENT shall in no way affect Psychologist's professional and legal obligations to comply with all federal, state and local laws, ordinances and codes. 10. Authority. All powers not explicitly vested in Psychologist by this AGREEMENT remain with the City. SIGNED ON . 2008, IN DUPLICATE ORIGINALS, BOTH OF EQUAL FORCE AND EFFECT. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapel George K. Noe, City Secretary City Manager M.D. Koc , Ph.D., Police Psychologist APROVED AS TO FORM: t% °4 ( , 2008 BY: Jo h Harn Assistant City Attorney -90- 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2008 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute a one -year professional services contract with Patterson Capital Management, L.P., dba Patterson and Associates, of Austin, Texas in the amount of $32,000 for investment and management of public funds. ISSUE: During the June 30, 2008 meeting of the Investment Committee, composed of the City Manager, Assistant City Managers, City Attorney, Director of Financial Services and Assistant Director of Financial Services — Budget, it was agreed that the City contract with an investment management firm as permitted under Section VII. "Responsibility and Controls ", subsection A. "Authority to Invest" of the City's Investment Policy that states: "The City Council may contract with an investment management firm registered under the Investment Advisors Act of 1940 or with the State Securities Board to provide for the investment and management of public funds or other funds under its control. A contract made under authority of this subsection may not be for a term longer than two years. A renewal or extension of the contract must be made by the City Council by ordinance or resolution." Due to the volatility in the interest rate environment, the City must maximize interest revenue on investments. Contracting with an investment advisory service will assist the City in investing in the highest yielding investments available. REQUIRED COUNCIL ACTION: Council approval of the resolution is needed. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed resolution to contract with Patterson and Associates to provide for the investment and management of the City's funds. Attachments: Background Information Resolution Statement of Qualifications Investment Advisory Agreement —93— Cindy O'Briof Director of Financial Services BACKGROUND INFORMATION The City currently utilizes the services of Patterson and Associates to provide a monthly report of the City's investments that includes market value, book value, weighted average maturity, yield to maturity, accrued interest, activity by issuer, activity by type, purchases, and sales. The City provides the monthly investment activity to Patterson and Associates, and they in turn, prepare the report. The cost for this current service is $5,700 annually. With the contract being proposed, Patterson and Associates will provide the City with a variety of services that should help the City to manage its investment portfolio. The investment advisory services that will be provided are as follows: analyze markets, securities, portfolio and risks; purchase securities in large volume resulting in better interest rates; purchase securities in the secondary market resulting in better interest rates; subscribe to Bloomberg with access to market analysis, trading information and real time interest rate reporting; provide free training; review annual investment policy; help in preparation of the budget; provide assistance in preparing the Request For Qualifications (RFQ) for the City's depository contract and portfolio analysis. The cost of the annual contract will be $32,000, which nets to a $26,300 increase in the amount currently included in the budget. It is estimated that the increase in interest income generated due to the efforts of Patterson and Associates will generate sufficient revenues to cover this difference. Contracting with a firm for investment advisory services will enable the City to maximize our cash managing efforts in order to achieve higher yields while continuing to provide sufficient liquidity for cash flow purposes. —94— Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ONE -YEAR PROFESSIONAL SERVICES CONTRACT WITH PATTERSON CAPITAL MANAGEMENT, L.P. DBA PATTERSON AND ASSOCIATES, OF AUSTIN, TEXAS IN AMOUNT OF $32,000 FOR INVESTMENT AND MANAGEMENT OF PUBLIC FUNDS. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION I. Pursuant to Section 2256.003 (b) of the Texas Government Code, the City Council of Corpus Christi, Texas authorizes the City Manager or his designee to execute a one -year professional services contract with Patterson Capital Management, L.P. dba Patterson and Associates, of Austin, Texas, in amount of $32,000, for investment and management of City funds and other funds under control of City. A copy of the agreement is on file with the City Secretary's Office. ATTEST: CITY OF CORPUS CHRISTI, TEXAS Armando Chapa City Secretary APPROVED this July 11, 2008. Lisa Aguilar LJ Assistant City Attorney For City Attorney HALEG- DIRII.isat2008 Resolutions\Patterson & Associates.d&9 5 Henry Garrett Mayor 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 —96— STATEMENT OF QUALIFICATIONS TO PROVIDE INVESTMENT ADVISORY SERVICES to the CITY OF CORPUS CHRISTI, TEXAS PATTERSON & ASSOCIATES Austin, Texas In an effort to familiarize you with our flrm and capabilities, Patterson & Assodat+es has gathered a number of questions which we felt would be the most Important to your staff and management to assure you we, as your investment advisor, are knowledgeable In not only portfolio management but specfirally public funds portfolio management The questions and their responses are designed to Introduce you to our firm, our prindpais, and our approach to communications, internal operations, training, and portfolio management style. SEIM Mot dfstIngulahes Patterson & Associates from other Arms? Patterson & Associates has a genuine concern that all public funds be managed with the utmost regard to fiduciary responsibility. Our prindpals have strong public funds backgrounds, adding to our understanding of unique public requirements and constraints. There are few firms who an demonstrate this type of commitment, comprehension and practical knowledge. Our commitment to public fiduciary responsibility is evidenced in our resumes and our work In the public sector at several levels where we have built and managed numerous public fund portfolios. In addition, the firm's commitment to education for clients and public funds managers always the time dedicated to teaching and training. We encourage dialogue available for inquiries pertaining to securities and investments. The City will always have a principal of the firm available to disciss questions on the portfolio or the market. Patterson a Associates is an independent firm, and as such, can objectively analyze Investment decisions for price, composition, and value. Firms assodated with broker /dealers and banks can not exchange information freely among themselves because of direct competition. Other firms, with their own trading positions are not allowed the independence to scour the market for value and independent economic commentary and input. Due to our independence, not only are we able to gather information from many sources, but can execute trades with the dealer who provides the best value to our client without conflicting considerations, We have spent considerable resources and have the technical capability to research and produce quality reporting. With strong amounting and auditing backgrounds, the reports are designed for accuracy and applicability as well as readability. Client service Is the trademark of Patterson & Associates Our clients and their unique needs receive individual attention from knowledgeable managers. Our dients receive that attention from principals that are familiar with public funds and their restraints. atent service is manifested In our client contact, our customized reporting and our efforts to create a quality treasury operation internally. Patterson & Assocates'prindpals work directly with our clients to provide tailored personal service. Our size is your asset! Our clients are very important to us and always receive the utmost in personal attention. 1 —97— Describe the oiganlrstlon, date f unde4 and ownership of tour firm Patterson & Assoc/ateswas formed in March 1994 as a SEC Registered Investment Advisory firm. The firm Is a women -owned business (WBE), owned and operated by Its prindpals/owners who have a long history of experience and a performance record in and knowledge of the public sector. The prindpais of the firm, who worked together for several years - managing public funds for the Texas State Treasury and other public entities, bring this experience and understanding to each client Its principals offer over 40 years of real world investment experience and strong public funds commitment to their managed portfolios and advisory clients. The principals of Patterson & Associates Inc have full administrative and operational control of the firm. Patterson & Associates Inc Is the general partner of Asti:non Capital Management, a Texas Inked partnership. Our Umited partner, Convergent Capital Management (CCM) of Chicago is a private money - management holding company that partners with investment management firms for growth. CCM currently partners with seven independent money managers managing over $8.5 billion. CCM has no operating authority over Patterson & Associates whose principals in Austin retain full management control and authority. Internally, the firm is organized as a team of treasury professionals. Not only do all the team members take an active role in monitoring market trends and activity, but also play an active role in understanding each client's needs and objectives. As discussed later in depth, the team's qualifk:ations provide a redundancy of qualifies support in the areas of reporting and information as well as funds management. Patterson & Asscdates has no SEC censure or Litigation, pending or past or anticipated, involving the firm or the principals or employees. Idendy your key personnel armadtted to the public sector and their credentials. Patterson & Assodates brings a specific commitment and a unique set of credentials to public funds management The firm's involvement In the public sector, past and present, Indicates the depth of our these organizations and t with the heir goalpublic ot on financially sponsors but active teachers support participants in educational, legislative and organizational efforts. Because of our badcgrounds, we are acutely aware of the problems, requirements, and fiduciary responsibilities of the public sector. We understand that does face statutory regulations with the emphasis on safety and liquidity, as well as accuracy and performance. We understand the political as well as the market risks. Since we have managed from your side of the desk, we personally understand your unique challenges and responsibilities. Our prndpals come from the active "buy side" of money management In the public sector. Our president, Linda Patterson, was the City Treasurer of the City of Fort Worth for six years and worked In the public seder for twenty years before forming the firm. She had direct responsibility for the management of eighteen Individual public funds managed at the Texas State Treasury with assets over $20 billion. IJke the differing parameters within every city's portfolios) these portfolios had varying investment parameters but all routinely outperformed their benchmarks. Deborah Cervantes, a CPA, honed her investment management and accounting skills as a senior Inveshnemt officer and as an auditor for the Texas State Treasury. Palle/son & Assodates has been and Is a unique leader In public sector service. Our collective experience in the public sector exceeds 40 years. A short biography on our President will illustrate the depth of our commitment to the public sector and her priorities in assuring that public funds are managed securely and effectively. Before becoming a registered investment advisor Linda 2 —98— Patterson spent twenty years in the public sector. After starting her career as an Assistant in the City Manager's Office of the City of Fort Lauderdale, she moved to Fort Worth, Texas progressing to serve as Council appointed City Treasurer. She then moved to the Texas State Treasury as the Assistant Deputy State Treasurer /Director of Investments. Unda initiated and shepherded the Public Funds Investment Act through the Texas State Legislature in 1987 to open up the money markets to all Texas governmental entities. In 1989, she authored and guided the Public Funds Collateral Act through the Texas legislature to assure those public funds remain safe and secure. Her commitment to the public sector Is shown through her active Involvement in many teaching and professional organizations such as Texas Municipal League, Government Finance Officer of Texas (GFOAT), the national GFOA (where she was a committee member for many years), the national treasurer's association APT US&C (of which she was a board member and officer), Government Treasurer's Organization of Texas (of which she was the founder and first President), the national Treasury Management Association (TPA) and other state and local organizations. Education of the publk/private sector has always been a priority for Paterson & Assodates To support professional education and full understanding of investment topics, Patterson & Associates principals frequently author articles on timely topics and speak/teach at various forums. Recent work on hot topics has included GASB 31, yield burning and check fraud. Because of her work on and analysis of GASB 31, GASB asked Ms. Patterson to partidpate on the implementation committee. Ms. Patterson's book on the pubic: funds investment process was published In December 1999. Linda sat on the Cash Committee of GFOA for eight years (until leaving the public sector) and was an officer and Board member of APT US&C for five years leaving as President -elect when she moved to the State. Linda, a Certified Treasury Professional (CTP), still contributes regularly through writings and teaching. Linda sits on dty investment advisory committees and special committees such as the Texas State Pension Review Board Committee on Derivatives. She has been a Board member at Texas Tech University for the Southwest School of Governmental Finance since 1990. Deborah A. Cervantes, CPA Is also a Certified Treasury Professional (0?) with extensive public funds management experience. Like Unda, she is a SEC registered investment advisor and has over fifteen years of portfolio management, investment accounting, auditing and money management experience in both the public and private sectors. Her particular areas of expertise include portfolio and cash management, reporting, reverse repo, and custodian services. She has managed many diverse public fund portfolios ranging from $lmillbn to $10 billion. Her extensive experience In clearing and settlement came from closely Interacting with the State Treasury FedWire operations, which managed the most active Federal Reserve account in the Fed's 11th District. Her accounting expertise and experience plays a major role in the formulation of our client reports. We have two new portfolio managers starting in fall 2006. These two individuals are well known to Patterson & Associates and have long careers in both the buy and sell side of the fixed income markets primarily focused on public entities. They also know and understand the fiduciary responsibilities and limitations of public entities. Howard Herring holds seven SEC registrations including prindpal and registered advisor. Howard has over 27 years of practical experience on the street as both a broker and a portfolio manager spedalizing In Investment analysis, market timing and the development of Investment strategies. He has taken an active role In public professional finance and treasury organizations through their operating and directing committees. 3 -99- William H. MacArthur graduated with a BS from Bentley College in accounting and finance and holds SEC registrations including prindpal and investment adviser. Will was the treasurer of Combustion Engineering for twelve years and worked for Morgan Stanley in New York for 13 years covering, developing and providing strategy advice to both public and global diems. The professionals at PM operate as a team so that all professionals are familiar with and up-to- date on each client You never receive a voice mail. One manager will be directly responsible for advising the City supported by other knowledgeable staff. All these professionals will be available to the qty staff and management for questions, information, or Input on the portfolio. As professionals they are personally committed to the firm and its success - which translates Into the best service and satisfaction to you. AR our prindpals and professionals are on a salaried basis. We do not accept commissions, concessions or fees from any broker or firm in order to maintain our independence and objectivity. There are no soft dollar arrangements between this and any other firm. As owners/principals In the firm, our goal is to skillfully manage or advise each account and build long -term relationships, thus assuring the overall success of our firm. The firm's level ofpnb//c senor involvement The foregoing illustrates our involvement and commitment to the public sector and the safe investment of public funds. We are and will remain active In this area because we are focused on the public sector and are committed strongly to it. Ms. Patterson's personal Involvement In public funds has extended through partidpatlon on boards and as an officer of national finance organizations, as author of public legislation for safeguarding assets, as teacher In every segment of public cash management, and as an active advisor to clients and students across the country. The firm reflects this commitment and works hard at maintaining an involvement with and e contribution to the sector. The firm manages over twenty portfolios: primarily public seder funds. Each S managed separately in accordance with that entity's own unique policy and strategy. Although these funds are all of a short or intermediate fixed Income nature they are all managed separately and no trades are bundled or commingled in any way. Dente the firm's efforts to remain Informed of developments relevant to public finance Just as education of our clients and the public sector is a high priority of the firm, Patterson 11 Associates maintains a high level of continuing education internally In the area of investments and cash management as well as trends, rulings and movements within the public sector. Our principals are active members of government sector organizations, which keeps us informed of developments relevant to govemment finance. We are supporters and participants of the national Goverment Rnance Officers Association. Ms. Patterson has spoken at nine national GFOA conferences and teaches GFOA's national Investment and cash management regional seminars. While In the public sector she was a member of the Cash Management Committee of GFOA and was nominated for the Board. She Is an active member of the FOCAL commit tee and remains adore in the organization. Ms. Patterson is also an active member of the Association of Public Treasurers, US & Canada where she served on the Board for five years before leaving the qty. She was editor of the Newsletter and originated their Technical Topic publications. She serves on the Cash Management Committee and is a regular speaker for the organization. She is a Certified Municipal Finance Administrator through APT and Is currently teaching their cash handling series 4 -100- nationally which was developed by one of her committees. In addition, tlnda chairs the APT Corporate Members Advisory Committee advising the Board. Linda teaches PFIA classes for various Texas professional organizations. We believe these continuing teaching and speaking engagements insure a continuing contact with the governmental sector and Its governing bodies. The contact allows us to stay on the pulse of the public sector. In addition to our active participation we subscribe to publications from many wide - ranging sources from GASB to GFOA to TMA and the SEC to monitor state and local statute changes closely. Naturally, as regisstered investment advisors we monitor all regulations and legislation Issued by the SEC and IRS to Insure that we and our clients remain in compliance with all applicable laws. Another Important aspect of staying informed is market contact. As noted above, our market contacts stretch beyond many firms' reach because of our independence from any broker /dealer or bank. Market information is constantly gathered from a wide number of brokerage firms giving us a balanced view of trends and market conditions. We do not rely on one economist or one trader as those firms inevitably do and this difference means our clients get a balanced and objective view and viewpoint. Dewarlbe the llnnbexperience In serving as an advisor for public entities The firm has been providing cash management advice and services to public entities in several states since 1994. And, even before formation of the firm, our principals and staff worked with individual entities on their cash management functions. Patterson & Associates personnel have extensive experience In providing cash management services to the public sector. The firm's wide scope of interest and service is a natural extension of the hands -on public experience of Its personnel. Of the two principals, Nis. Patterson was City Treasurer of the City of Fort Worth and Assistant Deputy State Treasurer and Chief investment Officer for the State of Texas. Her resume and speaking history show a record of advising and teaching in the public seder. Ms. Cervantes worked in several areas of the Texas State Treasury and has her CPA. (Additional biographical information is found below.) In addition to the current management of over $2.2 billion In public funds, the firm serves many public entities in several states with consulting services in all areas of cash management` including: • Creating and managing efficient and responsible portfolios, • Evaluating portfolio risk, • Creating and analyzing investment policies, procedures and strategies, • Performing intensive performance and exposure reviews of Treasury functions for compliance and internal control, • Designing innovative investment reports, • Evaluating and bidding depository contracts, • Preparing custodian requests for proposal and evaluating responses, • Structuring portfolios for bond proceeds, • Coordinating and planning arbitrage strategies, and • Managing portfolios with full Investment advisory services. All these areas of cash management review will be made available to the City as part of the contract, —101— The prindpals of Patterson & Associates have strong cash management credentials with which to serve our dients - as registered investment advisors, certified treasury professionals and CPAs. But, the most important factor for the City will be our personal experience and understanding of the high fldudary responsibilities and unique circumstances of public finance. We have all managed from the City's side of the desks Not only are we familiar with the operations of a city but the laws under which they operate. Ms. Patterson was the co- author of the Texas Public Funds Investment Act In 1987 and has been involved with all of the subsequent legislative thanges to the Act so that she holds a thorough understanding of legal compliance Issues and their underlying spirit. Describe the Firm's Investment Advisory Services Patterson & Associates currently manages seventeen public entity funds and twenty-three portfolios overall. We have over $2.2 billion in assets under management at this time. For over nine years, the firm has progressively added investment advisory, and consulting, clients. Money management/ advisory clients are located In Texas, Arizona and Illinois. The firm focuses on portfolios that operate within short to Intermediate maturity ranges to fully focus on and achieve the best results for all our clients - without being spread among too many different markets. Different clients require and/or desire different approaches to investment advisory assistance from total management discretion to non- discretionary and consulting services. Because the firm is small and dedicated to customized services, it can mold its complete range of services to any of these situations. Describe the Ann's invesbnent style and approach The investment philosophy at Patterson & Assadates has been molded by our backgrounds in public service and Its attendant fkktoary responsibilities. Patterson & Associates always begins its needs and operational analysis by evaluating cash flows, statutes, strategies, policies, procedures and expectations. Afterwards we can effectively suggest, and aide in the development of policy, procedural and portfolio changes. Each necommendatlon Is analyzed for feasibility and practical Implementation. On an ongoing basis, we see ourselves as extended staff spedalizing in treasury and investment operations. We work to establish an effective level of communications throughout the City's operations. Patterson & Associates knows it is extremely important to understand each client's unique goals, objectives, cash flows, risk tolerance levels and situation before any work is done on the portfolio. In order to do so, we will devote initial time to collecting information and documents, talking to staff and management, and reviewing all this information with the firm's other professionals. This intensive Treasury review of the Investment policy, systems, and reporting, along with legal and policy compliance prepares us all for a coordinated and cohesive approach to your unique cash management function. On -site time with the City and its staff and management will allow us to analyze the current procedures and systems. The review provides us with the knowledge necessary to strengthen and improve the Treasury function as well as understanding your unique constraints and objectives. The areas such a review would Include are: • Existing investment policies and procedures, • Cash flow history In operational and bond funds, • Existing portfolio strategies, • Staff capabilities and management dsk tolerances, • Safekeeping arrangements, • Depository contracts, services utilized, operations and structure, • Collateral arrangements and contracts review, and • Review of broker /dealer requirements, documents, histories and performance. 6 —102— From this review we would expect to generate recommendations on any problems identified or potential problem areas as well as the introduction of possible changes. We see our role as extended staff for the CIty In providing not just trade ideas but a good general understanding of the market. We tailor our communications to our dients to fit their needs so communications can be as frequent as daily or as seldom as when trading opportunities present themselves. Continuing communications and Information sharing, such as cash flow changes, etc can mold a strong and profitable relationship. Finally and of critical importance, Patterson & Associates will help create a customized, multi- use reporting package Including daily detail, weekly /monthly and quarterly reports in compliance with all legal requirements. Outline the steps ss*kmh would be taken to ensure the sty'sobjeci/ves One of the first steps to Insure the City's objectives are met is to review the Investment policy and strategies to determine appropriate levels relative to the qty's risk tolerance levels and stated objectives. Face -to -face meetings with our managers and your staff will assure that everyone understands the priorities and objectives as well as practical limitations. All our staff will be familiar with the City's needs and policy. Since Investment advice is discussed and formulated as a team, the City's restritions and objectives are always part of these discussions. In addition, before any specific advice is given, It is discussed between at least two of the managers for applkablllty and appropriateness. This assures the legality and safety issues are met. Liquidity is a critical factor In any portfolio. The determination of cash flow and an ongoing attention and communication regarding balances and cash needs will guard that liquidity. Diversification is also critical In a portfolio. Daily internal reporting will be established to assure diversification levels according to policy requirements as well as market value at that time. Finally yield has to be a priority. In order to support the City's goals In this area, we will work with staff to recommend market benchmarks to measure portfolio performance and monitor this on an ongoing basis. In order to generate reasonable yield for the City we will review and suggest active trading techniques. Attention to detail In cash flow, policy and procedures will assure that the City's priorities are met. The Finn's Raviaws and Evaluadve Sws n Portfolio review and evalation A review of the existing portfolio is done to identify problems and eliminate potential problems as well as to understand your priorities. Patterson & Assodates has been called upon to evaluate and assist several entities with portfolios for all these reasons. Espedaly In the wake of the 1994 problems caused by mortgage - backed derivatives, the firm was active in reviewing many entities' portfolios to evaluate the liquidity and valuation situation and asked to make recommendations for aontinuatlon, liquidation or workouts. Participants In our workshops use the expertise of Patterson & Associates on a regular basis for information and advice. Many portfolios ranging from the City of St. Petersburg, Florida to the University of North Texas, Denton have contracted with the firm to have full evaluations of the portfolios and reports presented to their governing boards. 7 —1 0 3— But not only 'problem" portfolios need review. Every portfolio must be evaluated for performance and risk tolerances in keeping with the qty's unique situations, goals and objectives. Having co- written and been personally invohred with the Texas Public Funds Investment Act (PFIA) since its passage In 1987, Ms. Patterson and our team have been called upon to evaluate portfolios as to market potential, structure and safety. Cities across Texas have had their portfolios and operations reviewed by us knowing that the practitioners at Patterson & Associates are experienced in Interpreting portfolio risk and applicability to policy and objectives. Naturally, our on -going investment advisory clients enjoy the benefit of continuous reviews of their portfolios which includes periodic, effective presentations of that Information to staff and management. We look at market Information and portfolio Interpretation as Important services of the advisor and have worked diligenty to assure that the communication of this information is helpful and understandable: to both groups. Inv 1t policy reviews and construction Investment policy reviews are paramount to the smooth and safe functioning of any treasury operation. We will not manage funds for any entity without a policy so that clear parameters are established and risk tolerances understood. As such, Patterson & Associates works with each of Its diems to review or create their investment policy to establish a foundation for safe investing. On the basis of a cash flow analysis the policy needs to be constructed to forma firm foundation for safety. We have done innumerable policy reviews for public and private entities In many states. We work with dients to structure a cash flow analysis which can be maintained each year. Ms. Patterson is nationally known for developing investment programs for public/private funds. Ms. Patterson was on the committee that originated the APT US&C policy certification program — the first such program in the US. She then brought the program to the Texas GTOT affillata. She continues to serve as a reviewer for bah these programs. In her previous positions, Linda wrote the first investment policy for the City of Fort Worth and rewrote all investment policies for the Texas State Treasury in 1991 and 1993. As part of the GFOA's standing committee on Cash Management, Uncle has been alive on all policy statements concerning Investment guidelines from the GFOA since 1986. As a teacher and lecturer, Linda regularly teaches courses for universities and professional organizations on the elements of investment policies and how to implement new policies on an administrative and technical basis. She currently teaches a series of seminars on policy development for the Texas Rural Water Association, the Texas Municipal League, Texas Tech University, and the University of North Texas. Patterson & Associates has consulted repeatedly on cash flow, development of investment policies and investment guidelines. The firm has also been retained to develop new investment policies for Mansfield Independent School District, the City of Austin and many other entitles. This same expertise will be used to assist the City In any redefining or refining of its Investment policy. We have worked with each and every client of the firm to review their policies and procedures for safety. "Exposure " Reviews The fimh has been called upon numerous times to advise public entities in the review of their cash management and treasury operations. The experience with large and small entitles that we bring 8 —104— to such a review adds value because of our operational backgrounds and our practical understanding of the area. The "exposure" review we pioneered is not an audit but a thorough performance review of the operations and controls in the treasury. Because of our experience in managing a major city's treasury, tax, collections and central cashiering divisions as well as managing the state's trading desk and Federal Reserve wire operation, a dlent is assured In knowing that the practitioners at Patterson & Associates are experienced in not only spotting Inefficiencies but establishing controls which assure safety without hindering operations. Cities and other public entities such as the City of Austin and Pima County (Tucson), Arizona have had us review their entire treasury operations and procedures. Others such as Galveston County, City of Fort Collins, Colorado and Cochise County, Arizona have needed specific expertise in areas as diverse as GASB 31 reporting and banking structure, These reviews extend from a review of existing portfolios and the polities that guide them to safety issues on information systems. Contract reviews and procedural evaluations have alerted many of these entitles to potential problems and each has taken the recommendations made to better improve their operations and insure the safety needed for public funds. Ms. Patterson is a highly respected leader and teacher in the area of treasury and cash management. She brings a practical and balanced view to the area. In addition to this experience, Ms. Patterson is called upon regularly to teach regarding investments, cash management and treasury operations. Some teaching examples include ten years at Texas Tech University's Southwest School of Governmental Finance , a series of broadcast and archived training series for Govemment Services Television Network (Dallas), and continued teaching for national GFOA, MTA US&C and statewide professional organizations In Texas, California, Florida, Michigan, Utah, Maryland and Arizona among others. At the State Treasury the team managed the Federal Reserve llth District's most active account From this we developed Invaluable experience on clearing and settlement operations which are translated Into knowledgeable reviews of treasury operations and bank-entity relationships. The personal experience and daily interaction In the fixed Income markets and with public entities gives all the professionals at Patterson & Assoaates a unique perspective and a prized practicality for our dents. We do not make recommendations that will not be either operationally or politically unfeasible because our experience has taught us what will work along with knowing how to make things work. Re o tfirp Effective communication is critical to assure that all those involved with the investment and cash management process understand the goals and objectives of the program and to assure that those goals are met This is a critical element In the safety of public funds and will continue to grow in importance. Patterson & Assoaates has invested considerable capital to insure that we can provide full reporting with customized formats to serve our advisory clients. We have tested and utilized many formats and will work with the CRy'to develop tailored reports that comply fully with legal requirements and fully inform the reader as we have for many other entities. On a monthly basis the City will receive holdings reports, transaction reports, accounting reports and management reports that give the accounting detail needed as well as the management information. Our effort is to produce Information not just data. For this we combine all portfolio assets including bank accounts to give a complete picture. Quarterly reports include a market analysis and all reports comply completely to PFIA requirements. —105— Reporting plays different roles for different entities, The formats currently used by the Cty should be reviewed for appUcability to risk tolerances and cash flow requirements, The reports will be reviewed as to whether they are truly providing infomration and not just data. Both dull and management reporting will be reviewed for statutory compliance, policy compliance and practical information. Degpndtory Reviews and Bidding Patterson & Associates routinely performs depository reviews for public and private entities to assure that their banking arrangements reflect a full utilization of cost effective bank services and that these are efficiently integrated Into the entity's investment operations. Through this process the entity is assured that all funds are Invested at all times. We will assist the (Sty in this same process if desired. The analysis starts with Identification of your specific needs in the banking area and clearing arrangements. Then the needs are translated Into services and an RFP constructed which is tailored to the needs and which can be evaluated objectively. We .look for new services that might Improve the banking relationship, meet with the bankers if necessary and help you build a strong and equal business relationship. A quantifiable evaluation matrix is used to evaluate bids and we can participate in final negotiation proceedings and contract finalization. Here also in the depository arena, Ms. Patterson has published widely. She teaches depository relations at Texas Tech University each year and has recently taught a series of seminars for TASBO as well as working with the GFOA and Arizona GFOA on the subject. Custodial leviers The control and management of custodial relationships for securities and collateral Is crucial to public funds. Ms. Paterson was the author of the Texas Public Funds Collateral Act (PFCA) in 1989 and has been active ever since in teaching and providing information on appropriate levels of collateral, effective handling of the collateral, accurate pricing of collateral and reasonable and workable custodial contracts. Her Primer on Co0ateral and the PFCA Is still widely used by entities in Texas. As a member of the national GFOA's Cash Conrvnitee for over eight years, she has contributed continuously to the body of knowledge, which has increased safety in this area. Patterson & Assocates works with each of its clients and their custodians to review and strive for enhancements In Improved transaction a ficlency and minimization of costs. One of our strengths at Patterson & Associates is our vast operational experience. Our experience in these agreements comes from hands -on operations in the most active account in the Fed's 11th District as well as the work on and with a multitude of entities and banks. We are planning to assist the City in a full review of both custodial and safekeeping agreements as noted earlier In this proposal. We have provided this service for several other entities including the Tucson Airport Authority and the City of Fort Collins as well as Galveston County. We approach it by identifying your needs then matching that to services. We often need to negotiate with the current banking Institution for changes or Improvements and can assist in creating an RFP for the services. The RFP Is structured with required, desired and alternative options and always designed for an objective evaluation through the use of a quantitative matrix and scoring process. horning As noted above Patterson & Associates emphasizes education. We directly support education in the public arena through professional organizations nationally and in Texas, Florida, California, 10 — 1 0 6— Maryland, and Arizona among others. We believe educated and knowledgeable clients are important to the smooth functioning of a treasury operation and hold this as a high priority. Our staff is available to discuss all functions of treasury with staff and governing boards at any time. Patterson & Assadates can provide innovative, flexible training for staff, management and the governing Coundl In any of the many important financial areas as noted above. Linda Patterson is a national teacher and noted speaker, as shown in Exhibit A. For example, Ms. Paterson is currently planning Council work sessions with the two Texas cities so that their Councils can better understand the functions of treasury and cash management and their role in the process both legally and managerially. She regularly teaches on any number of treasury topics. She has video-training tapes available and is available for staff training as needed. The City staff of Houston and San Antonio use Linda for Internal training courses, helping them to reorganize treasury operations. Such high quality training Is available at no additional fee to our clients whenever needed. As Certified Treasury Professionals, we can answer all of your cash management questions and assist you in evaluating related policies. We can also provide assistance and training In the areas of cash flow, securities dearance, custodian bank analysis, depository trust contracts, securities dealer compliance and procedures, debt service, systems analysis investment accounting, and Internal control. In addition, we can provide training and information on both the commercial paper and mortgage - backed securities market. We believe that If you talk to any of our clients you will clearly see a uniquely personal approach to investment advisory services that brings increased value to clients through a better functioning treasury as well as better performance of the portfolio. * * * * * * * * * * * * * * * * * ** We would appreciate the opportunity to work with you as the City's investment and cash management advisor. 11 —107— PATTERSON & ASSOCIATES INVESTMENT ADVISORY AND CONSULTING SERVICES TREASURY SOLUTIONS (Please visit our Website at www,patterson.net) Each of our services and strategies is built on the idea of capital preservation. Client's funds are invested in strict adherence to their unique liquidity and safety needs tailoring each portfolio to their unique objectives. Portfolios are not simply a collection of securities but a designed asset. We bulk/ portfolios not just manage hinds, FUNDS The Patterson & Assodetes team manages a number of divers short and MANAGEMENT intermediate portfolios. As your extended stag we perform all aspects of portfolio management: market analysis, trading, reporting, and clearance for you; to add yleld without sacrificing safety. By fully utilizing the markets and your assets, funds management can reduce your operating costs and increase your control, enhancing the safety of your funds. INVESTMENT As your advisor we analyze markets, securities, portfolios and risks; identify ADVISORY SERVICES problems and solve them. Patterson & Associates has advised public entities for over ten years In safe investment alternatives which Increase yield while maintaining needed liquidity and capital preservation. Based on a firm foundation of fundamental and technical market knowledge and hands -on experience in clients' needs, objectives and limitations, our proven credentials make this advice timely and practical. CASH MANAGEMENT Effective cash management Is essential to optimal funds management. CONSULTING Your treasury system as a whole must be fine -tuned to safeguard assets and °activate" cash. Our investment policy development, bank bids and procedural reviews can strengthen controls and reduce costs. with valued hands -on experience, Patba son itAssociales's uniquely qualified to analyze systems and create practical enhancements while redudng risk. FLEX REPURCHASE Expenditure schedules on bond Issues are often difficult to plan for and AGREEMENTS maintain. The flex repo alternative provides a set yield for the entire bond period which allows the entity to earn positive arbitrage and avoid the necessity of continual reinvestment in changing markets. PISA acts as the Independent intermediary for governmental entities to structure the flec and the bid and provide continuous monitoring for the life of the flex. We provide the knowledge and the independence required by the SEC and IRS. MANAGEMENT OF Pooled, or commingled, funds can attain liquidity and economies of scale POOLED FUNDS when managed with aggressive and active money management techniques. Pools and funds can target any maturity range: from overnight to long- term. The Patterson & Associates team managed an AAA -rated money market equivalent fund for over ten years and was chosen to manage two SEC registered money market funds. IMTN& -108- PA T T ER SO N& A SSO C L l T ES MEETING YOUR OBJECTIVES (Please visit our Website at www.pratterson.ne4 Utilizing the trading skills, 40+ years of hands -on public experience, and in -depth technical knowledge of the markets, the professionals at Patterson & Assodales can enhance your performance and bring additional safety In your funds. Adding our expertise to your operations can improve safety, reduce costs, improve performance, Increase your control and understanding, and add performance and value to your portfolio and your organization. CUSTOMIZATION Tailored investment and consulting products address each diems unique problems and provide usable and unique solutions. Instead of boilerplate, we offer fie dbllity, diversity and customized distill for your unique needs. From procedures and internal controls to portfolio design and tailored reports we take the time to understand your needs and fulfill them. EARNINGS Money never sleeps/ Under the direction of our experienced funds managers, spedalization in short and intermediate term fared income and money markets can add significant earnings to your bottom line while controlling risks. The Patterson & Associates team has an outstanding, documented performance record and understands fiduciary responsibility. ACTIVE The funds managers at Patterson &Associates bring a complete and MANAGEMENT innovative approach to investing. Active management requires an in-depth understanding of the client, the markets and market trends. Our funds managementteam has used this Insight to develop a disdplined, pro -active and time proven approach to trading using experience gained from managing both large and small portfolios in the private and public sectors. PORTFOLIO All portfolios can benefit from our independent analysis and attention. ANALYSIS Continuous and complete analysis of economic and market trends, all securities, and trading opportunities is our trademark. State- of- the-art systems provide technical market analysis and reporting. Years of real world investment experience developed a fundamental outlook smoothing market fluctuations. An independence from trading or banking firms allows an unbiased view of markets and values available to you. —109— PA T 7 ER S i O N d F ASSOCIATES OUR STRENGTHS (Please visit our Webs& at www.patterson.net INDIVIDUAL SERVICE CLIENT RELATIONS EXPERIENCE SAFETY PERFORMANCE REPORTING Each client and portfolio receives personal oversight from a prindpal and owner of our flrm. We spend time with you to understand your needs inttialy - and as they change. Funds management alternatives are tailored to your unique objectives and needs. Ongoing daily contact keeps service levels tailored and effective. Support is constantly available with reviews of your policies, services, and controls supporting your program. With over forty years experience In treasury systems and active portfolio management, we have built and managed portfolios from $1 million to $20 billion. Our cash managers work to streamline and Improve your treasury functions: from accounting and auditing to security analysis and clearing. We understand fiduciary responsibility. Our trading techniques and philosophy put safetyfirst without sacrificing yield. Safety is paramount to Patterson & Associates Our experience as public and private fund managers repeatedly stresses the value and need for safety and capital preservation. We have performed successfully againstcomparable indexes without the use of high risk instruments which can jeopardize capital. P&A's clients consistently beat their benchmarks by adhering to a rigid standard of prudent management and our disdplined approach. Improved performance is possible on both large and small portfolios with our professional and personal hands-on management approach. And, the increased performance normally pays for the entire service. Accuracy and timeliness in reporting is critical. Our reports are custom designed to fit each clients' needs and change as their needs change. Each report is designed and sd,eduied to flt your needs and requirements. -110- PATTERSON & ASSO&ATES OUR STRENGTHS (continued) INDEPENDENCE PUBLIC SECTOR EXPERIENCE CASH MANAGEMENT TECHNICAL ANALYSIS We are an Independent firm with no ties to banks, brokers or financial firms. As such, we can analyze, buy and sell securities for the best price without any obligations to any broker /dealer firm or Institution. This provides balanced market analysis compiled from all available research. We pride ourselves on our independence and objectivity. Additionally, independence in tax- exempt Issuances fulfills all SEC and IRS regulations. With a background to public service, we know the fiduciary requirements and political constraints of public entitles as well as their needs and statutory authorities. We have managed from yea rslot of the desk! Wars of public service has taught this team how to get things done. All our prindpals are Certified Treasury Professkma/sexperlenced In every phase of cash management. Technical skills and analyses are matched with state -of- the -art market systems to guide portfolio decisions. Our concentration in the short and intermediate fixed Inane and money markets assures full utilization of and access to this market for our clients. Our focus is on your market. TRADE EXECUTION Paton & Assodales staff has managed all aspects of the largest and most active Federal Reserve account In the Federal. Reserve's 11th District, clearing a daily average of $5 billion In cash, securities and collateral. Trade execution and safety of funds Is second nature to us. Our time-tested process for safe and painless execution of trades can save you time and money while removing the time consuming function of oversight from your day. ..T...,... $$$$elan. —111— PA T TER S O N & ASSOCIATES THE PRINCIPALS (Please vlsltow Webslte at www.patterson.net) LINDA T, PATTERSON, CTP, CPFA* Linda Patterson Is perhaps the most experienced, well respected, and knowledgeable public funds manager in Texas. Her performance at the State Treasury as Assistant Deputy Treasurer and Director of Investments surpassed hundreds of government entities in performance. That success brought an add/tiona/$10 billion to the Treasury for management As City Treasurer of the City of Fort Worth, she initiated new banking and funds management techniques which raised tens of millions of dollars for the City. She has been involved professionally at the state and national level improving the field of treasury management as the founder and first President of the Texas Treasurer's Association (GTOT), a Board member and officer of the international treasurer's association (MTA US&C), member of the national Cash Committee of GFOA, and creator of the Texas Public Funds Investment Act and Public Funds Collateral Act. She was recognized as the national outstanding treasurer of the year in 1990 (MTA US&C) and nominated as Public Official of the Year In 1988. She is an alive contributor, teadier, lecturer and author throughout the nation teaching and training for both universities and professional organizations and has recently written a book on Governmental Cash Management. Linda Patterson knows finandel systems and trust operations first hand and handled responsibility including sole discretion for $20 billion under alive management at the Treasury. She is a teadier, doer, and indefatigable in pursuing excellence in her own work and in market performance for her clients. DEBORAH A. CERVANTES, CPA, CTP* Deborah Cervantes has over fifteen years of experience in investment management and auditing at the Texas State Treasury and at a private brokerage firm. She has an extensive knowledge of operations, the federal reserve functions and securities clearance. Her experience in investment products ranges across the entire money market spectrum. Deborah was responsible for the $5 billion repo matchbook initiated by Linda at the State Treasury which resulted in record incremental earnings for the State. As a trader, her knowledge is supplemented by highly developed analytical skills and a solid, well deserved reputation among the major repo and money market traders on Wall Street Her accounting skills and background assures accuracy In reporting, client research and balancing. She works with clients to develop the best tailored reporting formats that Flt their needs. * * * * * * * * * * * *** The Principals in the firm are supported by a fine staff of investment professionals. The entire firm operates as a complete team in serving our clients. * Certified Treasury Professional (formerly CCM), as designated by the National Association of Financial Professional (AFP) and Certified Public Financial Administrator from APT US&C. -112- BASIC SERVICES PROVIDED UNDER AN INVESTMENT ADVISORY CONTRACT with Patterson & Associates Initial Work ❑ Review Investment policy for full understanding and agreement. o Provide training to fulfill PFIA requirements for all investment officers o Review historical and projected cash flows for full understanding and agreement. ❑ Establish brokerage accounts, if needed, with client with a range of primary/regional broker/dealers as approved with Patterson & Associates as agent Bring new broker /dealers Into full compliance with client policy guidelines. ❑ Establish reporting formats required by the client for management and detail reporting. n Develop a performance and risk assessment benchmark for the portfolio. Portfolio Management Services O With tine agreed upon cash flows and polity of client, Patterson & Associates structures portfolio for maximum usage of market and cash assets. ❑ Patterson & Associates monitors the portfolio daily for trade possibilities and restructures as necessary to maneuver in the market. o Patterson & Associates prices all securities for reporting and valuation purposes. ❑ Patterson & Associates dears and settles all trades with the dlent's bank. ❑ Patterson & Associates verifies and prices all collateral. ❑ Periodic conference calls scheduled to communicate market and portfolio information. ❑ Daily e-malls update on significant and specific market changes and events. Reporting Services ❑ Provide monthly reports on complete portfolio positions Including all detail and summary information (book/ market /yield /WAM /benchmarks /etc.) Ml reports designed conform to GAAP and GASB requirements as well as state and local statutes. ❑ Provide quarterly reports on detailed portfolio position including all relevant information ( book /marketMeki/WAM/bendunarks/etc.) All reports designed conform to GAAP and GASB requirements as well as state and local statutes. o Provide annual GASB 3, 31 and 40 reporting on portfolio. o Provide daily or weekly a -malls on positions and market conditions. ❑ Make a semi - annual or annual presentation to the governing board (at client preference). Supplemental Cash Management Assistance ❑ Annually review investment policy and strategy for recommend changes. o Assist, if desired, In achieving certification of the policy through a national or state organization. ❑ Develop and periodically review internal procedures. o Develop and assist In banking contract review, bidding for service, and contract evaluation. ❑ Review collection process to assure cash activation. PATTERSON & ASSOCIATES INVESTMENT PROFESSIONALS -113- INVESTMENT ADVISORY AGREEMENT BETWEEN PATTERSON & ASSOCIATES and THE CITY OF CORPUS CHRISTI, TEXAS This Investment Advisory Agreement dated as of the _ day of 2008 (the "Agreement ") is made and entered into by and between Patterson Capital Management, L.P., dba Patterson & Associates ( "P&A "), a registered investment advisor and funds management Texas limited partnership and the City of Corpus Christi, Texas (the "Client "). PREAMBLE WHEREAS, the Client has determined to select and appoint P&A to act as its investment advisor for funds and securities to manage, maintain, and invest monies and securities and to perform the advisory and consulting services described herein, NOW THEREFORE, for and in consideration of the mutual promises, covenants, and agreements herein contained and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto agree with each other as follows: ARTICLE I. Definitions "Authorized Investments" shall mean those investments authorized and defined in the Client's Investment Policy made a part of this Agreement and attached hereto as Exhibit A. "Authorized Representative(s) of the Client" shall mean the duly authorized officers, members of the governing board or their delegated representatives, empowered to execute instructions and take other necessary actions under this Agreement on behalf of the Client designated in writing, attached hereto as Exhibit D. "Authorized Representative(s) of P&A" shall mean any employee of P&A who is designated in writing by P&A as an authorized representative for purposes of this Agreement, attached hereto as Exhibit D. ARTICLE II. Creation of Portfolio and Account(sl Section 2.01. Creation of a Separate and Distinct Portfolio(sl. P&A, on behalf of the Client hereby creates and establishes for management and reporting purposes a separate and distinct portfolio(s) (the "Portfolio ") to be managed as a separate and distinct fund, held in the Client's name at Client's safekeeping institution. P&A shall invest and manage all monies deposited by the Client into the Portfolio in accordance with Client Investment Policy and in accordance with directions from Authorized Representative of the Client. Client will determine the number of Portfolios to be established and maintained in accordance with Client needs. All Portfolios shall be segregated and held distinct from all other funds held or invested by P&A. -114- ARTICLE III. Operation 0 Portfolio(sl Section 3.01. Depository Services. The Portfolio and securities owned by the Portfolio will be maintained in the Client's name and in the designated depository of the Client. The Authorized Representatives of Client may authorize P&A to conduct security transactions in that account for Client. All fees and expenses for depository account maintenance and transactions will be paid by Client. Section 3.02. Delivery versus Payment. All securities managed by P&A will be settled on a delivery versus payment (DVP) basis into the Client designated Depository Account. DVP will assure that no Client funds are released until the security is received and verified by the Depository of the Client. ARTICLE IV. Investment Duties and Services Section 4.01. Prudence. P&A hereby agrees to manage the Portfolio(s) with judgment and care, under circumstances then prevailing, which persons of prudence, discretion and intelligence exercise in the management of their own affairs, not for speculation, but for investment, considering the probable safety of their capital as well as probable income to be derived. This Prudent Person Law shall be applied to the investment of all Portfolios and Accounts with the same degree of care and assuming the same duty as the Client. P&A shall obtain prior approval of Authorized Representative of Client prior to making a purchase or sale of item in Client Portfolio. Section 4.02. Investment Advisory Services. P&A shall provide full advisory services and management of Client's Portfolio(s) which shall include market advice, portfolio structure advice, trade execution and settlement on an ongoing basis, and services described on Exhibit F. All investments shall be in accord with applicable state laws and Clients Investment Policy attached hereto and made a part hereof as Exhibit A. P&A certifies that all funds shall be invested only in Client authorized investments. Client Designation of Funds. Client has full discretion to designate the amount of funds to be placed in Portfolio(s) or in separate investments in accordance with cash flow needs. Client has full discretion to designate the amount of funds to be placed in Portfolio(s) or in a local government investment pool or money fund consistent with applicable State laws and Client's Investment Policy, as authorized by the Client's governing body for liquidity. Client Directives. Monies held in the Portfolio(s) shall be invested and reinvested in Authorized Investments selected by P&A and approved by Client before settlement, in accordance with the Client Investment Policy. Client reserves the right to notify Depository of pending trades and approve settlement of those trades. Client reserves the right to approve any and all trades. P&A will utilize only Client approved broker /dealers. Trade Aggregation. For the purpose of purchase transactional efficiency or market price advantage involving funds of the Portfolio(s) as recommended by P&A, P&A may aggregate these funds with other Client funds for investment. However, Client funds and securities shall never be commingled with other Client funds and Client transactions will be specifically segregated on all brokerage transactions and settled separately into Client depository. Section 4.03. Confirmations. P&A will establish all necessary procedures for Client to receive independent trade confirmations from all broker /dealers for each transaction in the Portfolio. Independent confirmations will be sent directly to the Client, and P&A, for audit trail purposes. Section 4.04. Reporting. P&A shall provide monthly and quarterly written reports detailing and summarizing all investments and Portfolio transactions at a minimum. Client shall define all reporting needs for information needed on a daily, monthly or quarterly basis. P&A shall submit all reports to the Client of its transactions promptly after the end of each month with respect to monthly reports, and the end of each quarter, with respect to quarterly reports. Such report shall indicate at a minimum the balances remaining in the Portfolio and each account, the interest earned, all deposits and withdrawals, and a detailed inventory of all securities purchased or sold and positions taken for the period. All reports shall fulfill applicable statutory requirements. Reports will include information for GASB 3, 31, and 40 reporting on an annual basis. -115- Section 4.05. Presentations. An Authorized Representative of P&A will be available to present reports or attend presentations to the Client or the Client's governing body on a semi - annual basis, or as required by the Client. Section 4.06. Earnings and Losses from Investments. The Client and P&A agree that all funds in the Portfolio shall be invested only in Authorized Investments as designated by Client Investment Policy. All earnings and profits from the investment of funds in any Portfolio(s) shall be credited to and deposited in the Portfolio(s) unless designated by Client. All losses resulting from the investment of funds in any Portfolio(s) shall be charged to such Portfolio or Account. Section 4.07. Advisory Consulting Services. P&A agrees to provide advisory consulting services for the Client in all areas of cash management to include, at a minimum, examination and evaluation of the following treasury areas: - Investment policy review. To analyze the existing Client Investment Policy for application to the Client's needs and, if necessary, to formulate revisions for adoption. - Investment strategy review. To continuously evaluate investment strategies (written and operational) for feasibility and appropriateness. - Cash Flow Analysis. To provide cash flow analysis advice to develop a cash flow system for the Client to include ongoing forecasts and projections for investment purposes, consistent with Client's Investment Policy and investment strategy. - Internal procedures and processes. To evaluate internal treasury procedures for maximum benefit and efficiency to the Client and its Portfolio(s) including broker /dealer transactions, wire transfers, competitive bidding process, repurchase agreements documentation, and transaction audit trails. To review for adequate management oversight and prepare written procedures. - Delivery and Settlement Oversight. To coordinate investment settlements, delivery and availability of funds with City staff to assure safe transfer of funds and securities. - Financial counter -party evaluation. To provide ongoing credit review of Client's banking institutions and financial counter- parties. To obtain and maintain all statutorily required broker certifications. - GASB 31, 40 Compliance. To provide assistance on custodial procedures for GASB compliance and reporting and accurate and timely annual GASB 31 and 40 reporting. - Market Research. To provide technical and fundamental market research on an ongoing basis. - Banking arrangement and structure. To determine the efficiency and effectiveness of the current banking structure and possible recommendations for improvement. To prepare and evaluate the bidding and awarding of banking services. . - Coordination with external client agencies. To improve communications with and efficiencies between the Client and any external service agencies (including broker /dealers) for policy compliance, maximum utility of funds and investment alternatives. To maintain all broker /dealers files for certification and compliance with Client and P&A requirements. - Exposure review. To determine if the Client has any audit, operational or policy exposures in the Treasury area. - Investment Reporting. To review all investment reporting for adequacy of information and presentation format for maximum benefit and understanding. To provide monthly and quarterly Portfolio(s) reporting. - Public Funds Investment Act Compliance. To evaluate the Client's Treasury operation and reporting for ongoing full compliance to the Texas Government Code 2256. - Public Funds Collateral Act Compliance. To evaluate the Treasury operation and reporting for full and ongoing compliance to the Texas Government Code 2257. Section 4.08 Quarterly Defined. For purposes of Section 4.04 of this Agreement, quarterly shall mean the end of each fiscal quarter of Client. Currently, Client's fiscal year commences on August 1 and ends on the next succeeding July 31. Currently, the client's fiscal quarters end October 31, January 31, April 30, and July 31. The first quarterly report shall be for the period containing at least sixty (60) days following the date this Agreement becomes effective. —116— ARTICLE V. Expenses and Reports Section 5.01. Fee and Expenses. The Client agrees to pay to P&A on a quarterly basis, in arrears, an amount sufficient to reimburse P&A for the cost of performing the duties contemplated under this Agreement in accordance with the Fee Schedule, attached hereto and made a part hereof as Exhibit B. P&A shall advise the Client from time to time, in writing of the amount of such costs. This itemized invoice shall set forth the services provided for the Portfolio(s) and the cost incurred. The invoice will be provided to the Client by the fifth (5) business day of the succeeding month. Payment on the charges shall be made within ten (10) business days after receipt of invoice. Section 5.02. Records. P&A shall keep a book of records in which complete and correct entries shall be made of all transactions relating to the holdings, balances and values in the Portfolio(s) in accordance with generally accepted accounting principles. Such records shall be available for inspection at all reasonable hours of the business day and under reasonable conditions by the Client. Section 5.03. Client Confidentiality. All records and information regarding the Client will be held as confidential by P&A. ARTICLE VI. Miscellaneous Section 6.01. Notices. Any notices, Letters of Instruction, requests or demands required or permitted to be given hereunder shall be given in writing and shall be deemed duly given when mailed by registered or certified mail, postage pre -paid, addressed or telefaxed as follows: To the Client: David Hedberg City Treasurer City of Corpus Christi 1201 Leopard Street Corpus Christi, TX 78469 Telephone: 361 - 880 -3650 Telefax: 361 -880 -7320 E -mail: davidh @cc.tx.com To P&A: Linda T. Patterson Patterson & Associates 301 Congress Avenue Suite 570 Austin, Texas 78701 Telephone: (512) 320 -5042 Telefax: (512) 320 -5041 E -mail: linda @oatterson.net Section 6.02. Severabilitv. If any provision of this Agreement shall be held or deemed to be or in fact shall be illegal, inoperative, or unenforceable, the same shall not affect any other provision or provisions herein contained or render the same invalid, inoperative, or unenforceable to any extent whatsoever. Section 6.03. Limitation of Rights. With the exception of the rights herein expressly conferred, nothing in or to be implied from this Agreement is intended or shall be construed to give any person other than the parties hereto any legal or equitable right, remedy or claim under or in respect to this Agreement or any of the covenants, conditions and provisions herein contained; this Agreement and -117- all of the covenants, conditions and provisions hereof being intended to be and being for the sole and exclusive benefit of the parties hereto and herein provided. The Client further agrees that P&A's responsibilities hereunder are limited to the management of the Portfolio(s) as herein described and the providing of reports and information herein required; P&A shall not be liable for any losses from investments made and transfers made in accordance with the procedures set forth in this Agreement. Section 6.04. Execution of Counterparts. This Agreement may be simultaneously executed in several separate counterparts, each of which shall be an original and all of which shall constitute but one and the same instrument. Section 6.05. Applicable Law and Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of Texas and is performable in Nueces County, Texas. Venue for any legal dispute shall be the courts of Nueces County, Texas. Section 6.06. Captions. The captions or headings in this Agreement are for convenience only and in no way define, limit, or describe the scope or intent of any provisions, articles, or sections of this Agreement. Section 6.07. Amendment. The Client and P&A may supplement or amend this Agreement only if evidenced in a writing signed by both parties. Section 6.08. Termination. P&A may terminate this Agreement with or without cause, by tendering ninety (90) days prior written notice in the manner set forth in Section 6.01 hereof. The Client may terminate this Agreement within five (5) business days of the date hereof, without cause and without penalty, by notifying P&A in the manner set forth in Section 6.01 hereof of its decision to terminate the Agreement. In addition, the Client may terminate this Agreement immediately with cause and without penalty by notifying P&A in the manner set forth in Section 6.01 of its decision to terminate the Agreement. Section 6.09. Term. Unless terminated in accordance with Section 6.08 hereof, this Agreement has a term of one year, starting on August 1. This Agreement may be renewed or extended by the City Council by ordinance or resolution. Section 6.10. Assignment. This Agreement shall not be assignable by either party hereto, by operation of law or otherwise, without the prior written consent of the other party hereto. Any assignment in violation of this Section 6.10 shall result in the automatic termination of this Agreement. Section 6.11. Ownership Change. P&A shall notify the Client in writing at least 90 days prior to any change in partnership ownership. Section 6.12. SEC Document Disclosure. The Client, by execution of this document, acknowledges the receipt of P&A's most current ADV Part II disclosure document as required by the SEC. Section 6.13. Insurance, P&A will comply with the attached insurance requirements, Exhibit E. IN WITNESS WHEREOF the parties hereto have cause this Agreement to be executed in multiple counterparts as of the date first set forth above. CITY OF CORPUS CHRISTI, TX Patterson Capital Management, L.P. dba PATTERSON & ASSOCIATES By: Patterson & Associates, Inc. General Partner By: By: Name: Linda T. Patterson, President Date: Date: -118- EXHIBIT A CLIENT'S INVESTMENT POLICY Client Investment Policy is made part of this Investment Advisory Agreement in order to assure that all investment decisions conform to the policy and parameters established by the Client and its governing body. As the Policy changes with Council action the Client will provide the amended Policy to P&A and the most recent amended and adopted Policy will control the Clients investments. ID -119- EXHIBIT B FEE SCHEDULE All services described under the terms of this Agreement are being provided in accordance with the following fee schedule. Services are provided for an annual fee of: $ 32,000 Payable quarterly in arrears. Fees are calculated by P&A on services rendered in the preceding Client fiscal quarter and the invoice provided to the Client by the fifth (5) business day of the succeeding month. Fees are due and payable within ten (10) business days after receipt of invoice. -120- EXHIBIT C Securities and Exchange Commission ADV FORM, PART II This form is being provided the Client in accordance with SEC Regulations 204 -3 for Registered Investment Advisors. This disclosure document must be provided the Client not less than 48 hours prior to entering any investment advisory contract. Failure to do so can result in a voidable contract. P&A shall provide to Client an updated ADV Form on an annual basis in accordance with SEC Regulations. -121- FORM ADV Part 11 -Page 1 Uniform Application for Investment Adviser Registration Name of Investment Adviser: Patterson Capital Management LP Address: (Number and Street) (City) (State) (Zip Code) 301 Congress Avenue Suite 570, Austin TX 78701 Area Code: Telephone Number: (512) 320 -5042 This part of Form ADV gives tnformatlon about the investment adviser and Its business for the use of clients. The information has not been approved or verified by any governmental authority. Table of Contents Item Number Itkm Eau 1 Advisory Services and Fees 2 2 Types of Clients 2 3 Types of Investments 3 4 Methods of Analysis, Sources of Information and Investment Strategies 3 5 Education and Business Standards 4 6 Education and Business Background 4 7 Other Business Activities 4 8 Other Financial Industry Activities or Affiliations 4 9 Participation or Interest in Client Transactions 5 10 Conditions for Managing Accounts 5 11 Review of Accounts 5 12 Investment or Brokerage Discretion 6 13 Additional Compensation 6 14 Balance Sheet 6 Continuation Sheet Schedule F Balance Sheet, if required Schedule G (Schedules A, B, C, D, and E are included with Part I of this Form, for the use of regulatory bodies, and are not distributed to clients.) Potential persons who are to respond to the collection of information contained in this form are not required to respond udeesihe form displays a currently valid OMB control number. FORM ADV Part 11 - Page 2 Applicant: Patterson Capital Management LP SEC File Number: gni.46437 Date: 03/24/08 1. A. Advisory Services and Fees. (check the applicable boxes) For each type of service provided, state the approximate % of total advisory billings from that service. (See instruction below.) Applicant: m 70 % (1) Provides investment supervisory services 0 involving investment supervisory services 20 % (2) Manages investment advisory accounts not m included in either service described above 10 % (3) Furnishes investment advice through consultations not ❑ by (4) Issues periodicals about securities subscription ❑ included in service described above % (5) Issues special reports about securities not any ❑ (6) Issues, not as part of any service described above, any charts, graphs, formulas, or other devices which clients may % use to evaluate securities ❑ basis, furnishes to clients on matters not involving securities ado (7) On more than an occasional advice ❑ (8) Provides a timing service ❑ in described above % (9) Furnishes advice about securities any manner not (Percentages should be based on applicant's last fiscal year. If applicant has not completed its first fiscal year, provide estimates of advisory billings for that year and state that the percentages are estimates.) Yes No B. Does applicant call any of the services it checked above financial planning or some similar term? ❑ m C. m Applicant offers investment advisory services for: (check all that apply) (1) A percentage of assets under management ❑ (4) Subscription fees 0 (2) Hourly charges ❑ (5) Commissions 0 (3) Fixed fees (not including subscription fees) ❑ (6) Other D. For each checked box in A above, describe on Schedule F: • the services provided, including the name of any publication or report issued by the adviser on a subscription basis or for a fee • applicant's basic fee schedule, how fees are charged and whether its fees are negotiable • when compensation is payable, and if compensation is payable before service is provided, how a client may get a refund or may terminate an investment advisory contract before its expiration date 2. Types of clients — Applicant generally provides investment advice to: (check those that apply) ❑ A. Individuals ❑ E. Trusts, estates, or charitable organizations ❑ B. Banks or thrift institutions m F. Corporations or business entities other than those listed above ❑ C. Investment companies ❑ G. Other (describe on Schedule F) ❑ D. Pension and profit sharing plans Answer all items. Complete amended pages in MIL, circle amended items and file with execution page (page 1). -123- FORM ADV Part 11- Page 3 Applicant: Patterson Capital Management LP SEC File Number: 301. 46437 Date: 03/24/08 3. Types of Investments. Applicant offers advice on the following: (check those that apply) A. Equity securities m H. United States govemment securities 0 (1) exchange- listed securities I. Options contracts on: 0 (2) securities traded over -the- counter 0 (3) foreign issuers 0 (1) securities 0 (2) commodities o B. Warrants 7. Futures contracts on: 0 C. Corporate debt securities (other than commercial paper) 0 (1) tangibles 0 (2) intangibles 0 D. Commercial paper 0 E. Certificates of deposit K. Interests in partnerships investing in: 0 F. Municipal securities 0 (1) real estate ❑ (2) oil and gas interests G. Investment company securities: ❑ (3) other (explain on Schedule F) 13 (I) variable life insurance o (2) variable annuities m L. Other (explain on Schedule F) Pi (3) mutual fund shares 4. Methods of Analysis, Sources of Information, and Investment Strategies. A. Applicant's security analysis methods include: (check those that apply) (1) 0 Charting (4) m Cyclical (2) 0 Fundamental (5) 0 Other (explain on Schedule F) (3) m Technical B. The main sources of information applicant uses include: (check those that apply) (1) 0 Financial newspapers and magazines (5) o Timing services (2) El Inspections of corporate activities (6) m Annual reports, prospectuses, filings with the Securities and Exchange Commission (3) 0 Research materials prepared by others (7) m Company press releases (4) 0 Corporate rating services (8) D Other (explain on Schedule F) C. The investment strategies used to implement any investment advice given to clients include: (check those that apply) (I) 0 Long term purchases (5) ❑ Margin transactions (securities held at least a year) (2) 0 Short term purchases (6) m Option writing, including covered options, uncovered (securities sold within a year) options, or spreading strategies (3) 0 Trading (securities sold within 30 days) (7) ❑ Other (explain on Schedule F) (4) El Short sales Answer all Items. Complete amended pages in full, circle amended items and file with execution page (page 1). -124- FORM ADV Part 11 - Page 4 Applicant: Patterson Capital Management LP SEC File Number: 801 -46437 Date: 03/24/08 Answer all items. Complete amended pages in Poll, circle amended items and time with execution page (page I). -125- 5. Education and Bu hugs Standards. Are there any general standards of education or business experience that applicant requires of those involved in determining Yes No or giving investment advice to clients? ............ ............................... ............. ............. ... (If yes, describe these standards on Schedule F.) 6. Education and Business Background. For: • each member of the investment committee or group that determines general investment advice to be given to clients, or • if the applicant has no investment committee or group, each individual who determines general investment advice given to clients (if more than five, respond only for their supervisors) • each principal executive officer of applicant or each person with similar status or performing similar functions. On Schedule F, give the: • name • formal education after high school • year of birth • business background for the preceding five years 7. Other Business Activities. (check those that apply) ❑ A. Applicant is actively engaged in a business other than giving investment advice. ❑ B. Applicant sells products or services other than investment advice to clients. ❑ C. The principal business of applicant or its principal executive officers involves something other than providing investment advice. (For each checked box describe the other activities, including the time spent on them, on Schedule F.) 8. Other Financial Industry Activities or Affiliations. (check those that apply) ❑ A. Applicant is registered (or has an application pending) as a securities broker - dealer. ❑ B. Applicant is registered (or has an application pending) as a futures commission merchant, commodity pool operator or commodity trading adviser. C. Applicant has arrangements that are material to its advisory business or its clients with a related person who is a: ❑ (1) broker - dealer ❑ (7) accounting firm ❑ (2) investment company ❑ (8) law firm ❑ (3) other investment adviser ❑ (9) insurance company or agency ❑ (4) financial planning fun ❑ (10) pension consultant ❑ (5) commodity pool operator, commodity trading ❑ (11) real estate broker or dealer adviser or futures commission merchant ❑ (6) banking or thrift institution ❑ (12) entity that creates or packages limited partnerships (For each checked box in C, on Schedule F identify the related person and describe the relationship and the arrangements.) Yes No D. Is applicant or a related person a general partner in any partnership in which clients are solicited to invest? ❑ 0 (If yes, describe on Schedule F the partnerships and what they invest in.) Answer all items. Complete amended pages in Poll, circle amended items and time with execution page (page I). -125- FORM ADV Part I1- Page 5 Applicant: Patterson Capital Management LP SEC File Number: 801.46437 Date: 03/24/08 9. Participation or Interest in Client Transactions. Applicant or a related person: (check those that apply) ❑ A. As principal, buys securities for itself from or sells securities it owns to any client. ❑ B. As broker or agent effects securities transactions for compensation for any client. ❑ C. As broker or agent for any person other than a client effects transactions in which client securities are sold to or bought from a brokerage customer. ❑ D. Recommends to clients that they buy or sell securities or investment products in which the applicant or a related person has some financial interest. la E. Buys or sells for itself securities that it also recommends to clients. (For each box checked, describe on Schedule F when the applicant or a related person engages in these transactions and what restrictions, internal procedures, or disclosures are used for conflicts of interest in those transactions.) 10. Conditions for Managing Accounts. Does the applicant provide investment supervisory services, manage investment advisory accounts or hold itself out as providing financial planning or some similarly termed services and impose a minimum dollar value of Yes No assets or other conditions for starting or maintaining an account? m ❑ (If yes, describe on Schedule F.) 11. Review of Accounts. If applicant provides investment supervisory services, manages investment advisory accounts, or holds itself out as providing fmancial planning or some similarly termed services: A. Describe below the reviews and reviewers of the accounts. For reviews , include their frequency, different levels, and triggering factors. For reviewers, include the number of reviewers, their titles and functions, instructions they receive from applicant on performing reviews, and number of accounts assigned each. All managed accounts generally are reviewed weekly by a principal of or registered adviser within the Registrant. The review includes, among other things, examing compliance with clients' investment policies, confirming clients' trades and reconciling trading records to the records of clients' custodians. B. Describe below the nature and frequency of regular reports to clients on their accounts. A) A holdings report, which includes accrued interest, amortization and accreditation, gains /losses, and unrealized gains /losses. Except for those clients who request receipt of the holdings report on daily basis, clients are sent a holdings report on a monthly basis. Clients also receive monthly transaction reports which detail all trades, transfers, additions or withdrawals. B) Statement reports will be provided on a monthly and as needed basis. The statement report summarizes holidings by market sector and includes all holdings and a description of each security, its position and custodial status. C) Performance reports will be provided on a monthly, or as needed, basis. Performance and market sector detail are provided along with yield, overall weighted maturity and book market values. Answer all items. Complete amended pages in full, circle amended items and file with execution page (page 1). —126— FORM ASV Part 11 - Page 6 Applicant: Patterson Capital Management LP SEC File Number: 801.46437 Date: 03/24/08 12. Investment or Brokerage Discretion. A. Does applicant or any related person have authority to determine, without obtaining specific client consent, the: (1) securities to be bought or sold? (2) amount of the securities to be bought or sold? (3) broker or dealer to be used? (4) commission rates paid? Yes No 0 0 Yes No m 0 Yes No m 0 Yes No m 0 Yes No B. Does applicant or a related person suggest brokers to clients? m 0 For each yes answer to A describe on Schedule F any limitations on the authority. For each yes to A(3), A(4) or B, describe on Schedule F the factors considered in selecting brokers and determining the reasonableness of their commissions. If the value of products, research and services given to the applicant or a related person is a factor, describe: • the products, research and services • whether clients may pay commissions higher than those obtainable from other brokers in return for those products and services • whether research is used to service all of applicant's accounts or just those accounts paying for it; and • any procedures the applicant used during the last fiscal year to direct client transactions to a particular broker in return for products and research services received. 13. Additional Compensation. Does the applicant or a related person have any arrangements, oral or in writing, where it: A. is paid cash by or receives some economic benefit (including commissions, equipment or non- research services) Yes No from a non - dlient in connection with giving advice to clients? m ❑ Yes No B. directly or indirectly compensates any person for client referrals? 0 ❑ (For each yes, describe the arrangements on Schedule F.) 14. Balance Sheet. Applicant must provide a balance sheet for the most recent fiscal year on Schedule G if applicant: • has custody of client funds or securities; or • requires prepayment of more than S500 in fees per client and 6 or more months in advance Has applicant provided a Schedule G balance sheet? Yes No 0 m Answer all items. Complete amended pages in hall, circle amended items and file with execution page (page 1). -127- Schedule F of Form ADV Continuation Sheet for Form ADV Part II Applicant:. Patterson Capital Management LP SEC File Number: SOT-46437 Date: 03/24/08 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) 1. Full name of applicant exactly as stated in Item IA of Part I of Form ADV: Patterson Capital Management I P IRS Empl. Ident. No.: 742703915 Item of Form (identify) Answer Item 1 Services and Fees Patterson Capital Management, L.P. ( "Patterson" or the "Registrant ") provides investment advisory and investment consulting services in short and intermediate range fixed income securities to institutional clients. The Registrant's clients include public funds (including cities, authorities, public cooperatives and school districts), banks and corporations. Patterson provides both discretionary and non - discretionary fund management services. These services are provided in accordance with clients' liquidity, safety needs and investment policies and objectives. Patterson also provides consulting services, which includes, among other things, the provision of advice on investment alternatives, banking and cash management. In addition, Patterson provides advice to clients on the creation of policies and procedures, internal controls reviews and advice related to the use of flex repurchase agreements by clients. A flex repo is a term arrangement between a registered dealer and a municipality or similar authority, in which the customer buys securities from the dealer and may sell some of them back prior to the final maturity date of such securities. The funds invested in a flex repo often are intended for use in financing construction or similar projects to be completed in phases. When funds are needed for a given phase of a project, the customer sells the required amount of securities back to the dealer. Flex repos are usually collateralized by government issued or backed securities. Patterson generally will provide advice to a client and an intermediary broker /dealer who will execute the flex repo transaction. In this capacity, Patterson will, among other things, provide advice to the client and intermediary broker /dealer on the paperwork related to the flex repo, assist in the determination of acceptable parameters, recommend flex repo providers, provide advice in the preparation of a bid sheet and monitor underlying collateral. For these advisory services, Patterson generally will receive a fee from the client and intermediary broker /dealer that does not exceed 0.05% of the value of the flex repo. Patterson will never have custody of clients' securities or funds in flex repo arrangements. Complete amended pages in fill, circle amended items and file with execution page (page 1). —128— Schedule F of Form ADV Continuation Sheet for Form ADV Part II Applicant:. 'atterson Capital Management LP SEC File Number: 801A6437 Date: 03/24/08 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) 1. Full name of applicant exactly as stated in Item lA of Part I of Form ADV: 'atterenn Canital Management I P IRS Empl. Mont. No.: 42703915 Item of Form (identify) Answer tem 1 (cont'd) Patterson's basic fee schedule for the provision of investment advisory services (discretionary) is as follows: Up to $5 million - 0.50% $5 410 million - 0.30% $10 -$20 million - 0.20% $20 -$30 million - 0.15% $30 -$50 million - 0.12 % over $50 million - negotiable. Patterson's fees for serving as an investment sub - adviser to a registered investment company may vary, but generally will not exceed the fees noted in the above schedule. In addition, the basic fee schedule described above may vary due to the particular circumstances of the client or as negotiated with particular clients. Fees for discretionary management services are generally billed in arrears on either a monthly or quarterly basis. In the event a client terminates its contract with Patterson prior to the end of the monthly or quarterly billing period, the fee for that period will be prorated based on the number of days or months during the period in which Patterson performed services. At times, Patterson may also recommend that a client invest assets in a money market fund. If a client invests its assets into such a fund, the client may have to pay a fee to that fund in addition to Patterson's normal advisory fee. Certain clients are charged a fixed fee, or an hourly fee, which varies from client to client and is billed in arrears on a quarterly or monthly basis. All fees paid to Patterson for investment advisory services are separate and distinct from the fees and expenses charged by LGIP pools or mutual funds to their shareholders. These fees and expenses are described in each fund's information statement (pools) or prospectus (funds). Clients could invest in a fund or pool directly without the services of Patterson. Due to the nature of services provided, Patterson will not vote proxies on behalf of clients. Complete amended pages in full, circle amended items and file with execution page (page 1). —129— Schedule F of Form ADV Continuation Sheet for Form ADV Part II Applicant:. Patterson Capital Management LP SEC File Number: S01-46437 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) Date: 3/24/08 0 1. Full name of applicant exactly as stated in Item IA of Part I of Form ADV: IIRS attnrvnn lanital Management I P Empl. 'dent. No.: 742703915 Item of Form (identify) Answer Item 3L tem 4 tem 5 tem 6 Flex repos are but one of a variety of investment products that Patterson may recommend that clients use for the reinvestment of bond proceeds. These products nclude structured portfolios of U.S. securities, a commingled pool or fund, bank deposit and State and Local Government Series securities. Each of these products `cave benefits and negative aspects. Patterson fully discloses the benefits and legative aspects of each of these products to clients, so that clients can choose the nvestment product that most suits its needs and objectives. Patterson relies primarily, but not exclusively, on multiple unaffiliated, nationally recognized securities rating organizations (NRSRO) such as Standard & Poor 's and Moody Investor Services for analysis of credit risk on corporate entities. Patterson requires all personnel who provide investment advice to have a bachelors degree from an accredited college or required licenses. _inda Thomson Patterson JOB: March 2, 1949 Education: Thiel College European- American Study Center, Basel, Switzerland Florida Atlantic University; BA, MPA RWTH, Aachen (Fulbright Scholar) 3usiness Background: Patterson Capital Management, L.P., Director and President of Patterson's General Partner, CCO. Texas State Treasury, Deputy State Treasurer • City of Fort Worth, City Treasurer and Assistant Finance Director City of Forth Lauderdale, Assistant to City Manager William MacArthur DOB: February 2, 1944 Education: Bentley College, BS Finance and Accounting 3usiness Background: Patterson Capital Management, L.P. Wachovia Securities Financial Network Howard N. Herring JOB: October 10, 1950 E ducation: U.S. Marine Corps Training Business Background: Tejas Securities, Austin, TX Wachovia Securities Financial Network Complete amended pages in fall, circle amended items and file with execution page (page 1). -130- Schedule F of Form ADV Continuation Sheet for Form ADV Part 11 Applicant: atterson Capital Management LP SEC File Number: 801.6437 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) 110)ate: 3/24/08 1. Full name of applicant exactly as stated in Item IA of Part I of Form ADV: Datterson Capital Mananamant 1 P IRS Empl. Ident. No.: 42703915 Item of Form (identify) Answer tem 9.E tem 10 tem 12.A On rare occasions, Patterson or one of its related persons may purchase or sell the same or a similar security for his /her personal account that is also purchased, or •ecommended for purchase, for a client account. Patterson has adopted a Code of Conduct that is designed to prevent and detect potential conflicts of interest, ncluding with respect to personal trading. A copy of the Code of Conduct is available upon request. Patterson generally requires a minimum account size of $1 million and will generally only provide services to institutional investors, including governmental entities. Datterson provides both discretionary and non - discretionary management services o its clients. Where investment discretion has been granted, Patterson manages .he client's portfolio and makes investment decisions without consultation with the ,lient that would involve determinations regarding which securities are bought and sold, the broker /dealer with whom orders for the purchase or sale of securities are placed for execution and the price per share and the commission rates or mark -up Dn the securities transactions. In some instances, Patterson's discretionary authority n making these determinations may be limited by conditions imposed by clients in :heir investment guidelines, cash flow needs, or objectives or instructions otherwise provided to Patterson. n non - discretionary relationships, Patterson customarily makes investment •ecommendations to the client relating to which securities should be bought or sold and the total amount of such purchases and sales. Jnder Texas law, Patterson may not place a trade for certain Texas government :lients with a broker /dealer, unless Patterson has received a certification from the )roker /dealer that it has received and agrees to comply with that client's specific nvestment policy. Prior to placing a trade for these client accounts, Patterson obtains at least three bids /offers from different broker /dealers who have provided the *equisite certification and generally will place the trade with the broker /dealer that las provided the most competitive bid. If a client does not require that Patterson axecute trades through broker /dealers who have certified that they will comply with he client's stated investment policy, Patterson will only seek bids from a Broker /dealer that has provided Patterson with the following documents: the oroker /dealer's state registration, a completed questionnaire, NASD registration and annual financial statements. Complete amended pages in fall, circle amended items and file with execution page (page I). —131— Schedule F of Form ADV Continuation Sheet for Form ADV Part II Applicant:, Patterson Capital Management LP SEC File Number: sav46437 (Do not use this Schedule as a continuation sheet for Form ADV Part I or any other schedules.) Date: 03/24/08 1. Full name of applicant exactly as stated in Item IA of Part I of Form ADV: n nsnital Manaampnt 1 P naffs/win n IIRS Empl. (dent. No.: 42703915 Item of Form (identify) Answer Item 12.A (cont'd) tem 12.B tem 13.A tem 132 At times, Patterson may place agency trades on behalf of its clients. In executing agency trades, it is Patterson's policy, consistent with investment considerations, to seek the most favorable price and execution for such orders. Most favorable execution is a combination of rates and prompt, reliable execution. When selecting a brokerage firm, Patterson considers the firm's execution capabilities, financial stability, ability to maintain confidentiality and ability to obtain best price and execution. Transactions for each client account generally are completed independently. On 3ccasion, however, Patterson may purchase or sell the same securities for a number of client accounts in a block transaction to facilitate best execution or to reduce :osts. Patterson effects block transactions in a manner such that each client Jarticipates at the same price. Securities purchased or sold in a block transaction by Patterson are allocated to clients based upon the amount of available funds in each account and the long -term liquidity requirements of each account. The broker - dealer hat executes the block transaction will directly deliver to the client the portion of the rade allocated to that client. Patterson may recommend broker /dealers to a client. The recommendations are based on the client's policy requirements and client needs as to market sector. 2,ommissions are not applicable in fixed income and money market transactions. Thom time to time, Patterson may receive a minimal fee from unrelated third parties ror referrals of individuals or companies that are not clients of the Registrant. Patterson may compensate unrelated third parties for client referrals in accordance with Rule 206(4) -3 under the Investment Advisers Act of 1940. The compensation paid to such parties is generally based on a percentage of assets under management of a client that had been found by the party. Complete amended pages in full, circle amended items and file with execution page (page 1). —132— EXHIBIT D AUTHORIZED REPRESENTATIVES Authorized Representatives of the Client Name /Title Phone Fax e-mail David Hedberg /City Treasurer (361) 826 -3651 (361) 882 -7320 davidh @cctexas.com Constance Sanchez /Asst. Director of Financial Services (361) 826 -3227, same fax, ConstanceP @cctexas.com Cindy O'Brien /Director of Financial Services (361) 880 -3604, same fax, CindyO @cctexas.com Authorized Representatives of P&A Name /Title Phone Fax e-mail Linda T. Patterson President 512- 320 -5042 512- 320 -5041 linda@Datterson.net Howard Herring Adviser 512- 320 -5042 512- 320 -5041 howie @Datterson.net William MacArthur Adviser 512- 320 -5042 512- 320 -5041 will @Datterson.net Rikki Ramirez Portfolio Assistant 512- 320 -5042 512- 320 -5041 rikki @oatterson.net -133- EXHIBIT E INSURANCE REQUIREMENTS 1. PATTERSON & ASSOCIATES A. Patterson & Associates must not commence work under this agreement until they have obtained all insurance required herein and such insurance has been approved by the City. Nor may Patterson & Associates allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Patterson & Associates must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, with the City named as an additional insured for the General liability policy, and a blanket waiver of subrogation in favor of the City is required for the WC policy showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day written notice of material change, non - renewal, cancellation or termination is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate COMMERCIAL GENERAL LIABILITY including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 5. Contractual Liability 6. Broad Form Property Damage 7. Independent Contractors 8. Personal lnjury 9. Employee Benefits Liability $1,000,000 per occurrence/ $2,000,000 AGGREGATE BUSINESS AUTO LIABILITY $1,000,000 COMBINED SINGLE LIMIT WORKERS' COMPENSATION EMPLOYERS' LIABILITY (Applicable when on City owned premises) WHICH COMPLIES WITH THE TEXAS WORKERS' COMPENSATION ACT AND PARAGRAPH 11 OF THIS EXHIBIT $500,000 PROFESSIONAL LIABILITY $1,000,000 PER CLAIM LIMIT, $2,000,000 POLICY AGGREGATE C. In the event of accidents of any kind, Patterson & Associates must furnish the Risk Manager with copies of all reports of all accidents within (10) ten days of the accident. 2008 FICA- NRS ins. req. 7 -2 -08 djs Risk Mgmt. —134— II. ADDITIONAL REQUIREMENTS A. Patterson & Associates must obtain workers' compensation coverage through a licensed insurance company. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The workers' compensation coverage provided must be in an amount sufficient to assure that all workers' compensation obligations incurred by the Lessee will be promptly met. B. Certificate of Insurance: * The City of Corpus Christi must be named as an additional insured on the General liability coverage, and a blanket waiver of subrogation in favor of the City is required on the WC policy. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left". In lieu of modification of the ACORD form, separate policy endorsements addressing the same substantive requirements are mandatory. * The name of the contract / project must be listed under "Description of Operations" * At a minimum, a 30-day written notice to the Risk Manager of material change, non- renewal, cancellation or termination is required. 2008 FICA- NRS ins. req. 7 -2 -08 djs Risk Mgmt. —135— Exhibit F Investment Advisory Services to be provided include the following but not limited to the following: (1) Analyze markets, securities, portfolios and risk; (2) Purchase securities in large volume, resulting in better interest rates for Client; (3) Purchase securities in the secondary market, resulting in better interest rates for Client; (4) Subscribe to Bloomberg with access to market analysis, trading information and real time interest rate reporting; (5) Provide free training in investment matters to Client staff; (6) Review annual investment policy and make recommendations for change; (7) Assist in preparation of annual budget as it relates to investment matters; (8) Assist in preparing the Request for Qualifications for Client depository services contract; (9) Provide financial analysis of client portfolio. -136- 14 AGENDA MEMORANDUM July 22, 2008 SUBJECT: City Hall Reroofing Project - 2008 (Project No. 4361) Post Hurricane /Disaster Recovery Operations AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract in the amount of $174,363.00 with Parsons Roofing of Waco, Texas for City Hall Reroofing Project 2008. ISSUE: The flat roofs on City Hall are the original roofs installed when the building was constructed. A condition assessment indicates that there is limited remaining economic life in the current roof membranes. Replacement is necessary to avoid possible roof leaks and interior damage to the building. RECOMMENDATION: Approval of the motion as presented. -7 /Jl` %S Kevin R. Stowers Interim Director - Engineering Services Exhibit A - Background Information Exhibit B - Bid Tabulation Exhibit C - Map H: HOME\ KEVINS\ GEN\ CITYHALL \ROOF\2007RooMwdMemo.doc s 'rector — General Services —139— BACKGROUND INFORMATION PROJECT DESCRIPTION: The project consist of installation of a new PVC roof system including new recovery board over approximately 22,686 sf of existing roof membrane which is to remain in place. The project includes parapet flashing, plumbing vents, curb flashings and existing scupper flashings, site cleanup and proper disposal of all construction debris materials. PRIOR COUNCIL ACTIONS: July 24, 2007 — Ordinance adopting the FY 2007 -2008 Annual Budget (Ord. #027302). PRIOR ADMINISTRATIVE ACTIONS: April 7, 2008 — Administrative execution of an architectural services contract in the amount of $32,000.00 with Chuck Anastos Associates, Inc. of Corpus Christi, Texas for the City Hall Reroofing Project 2008. June 11, 2008 - Administrative execution of Amendment No. 1 to the architectural services contract in the amount of $3,505.00 for a restated not to exceed fee of $35,505.00 with Chuck Anastos Associates, Inc. of Corpus Christi, for removal and storage of cement roof tiles to facilitate roof inspection access for the City Hall Reroofing Project 2008. PROJECT SCHEDULE: The contract requires that work be completed within 90 calendar days from the notice to proceed date. The project will be phased to minimize disruptions and noise that might interfere with operations. BIDS: The City received and publicly opened one bid on Wednesday, July 2, 2008. See Exhibit B. The project was bid as a total base bid. The bids ranged between $139, 485.00 and $289,155.00. The architect's opinion of probable cost was $298,920. The apparent low bid was submitted Monument Construction of Beaumont, Texas. However, the low bidder states that they failed to base their bid on all of the plan details and specifications. Monument Constructors also stated that they will not be able to perform the work for the price bid, and requests the withdrawal of his bid. The Local Government Code (252.043(g)) permits a bidder to withdraw their bid due to a material error. The next apparently low bid was submitted by Parsons Roofing of Waco, Texas in the amount of $174,363.00. Their bid was deemed irregular due to a failure to acknowledge Addenda No. 1. Parsons Roofing has since acknowledged Addenda No. 1. CONTRACTOR EVALUATION /RECOMMENDATION: Parsons Roofing is an established and well respected roofing company. The project consultant (Chuck Anastos Associates) and staff recommend award to Parsons Roofing or Waco, Texas. It is recommended that the irregularity be waived, and the motion be approved as presented. —140— EXHIBIT A Page 1 of 1 ) cc co § \) 69 �) ƒk § ! i § 0 Time of Completion: 90 Calendar Days ] ), f \! SUMMARY OF BIDS 0 9 0 CO "237,880.00 \ 0 CO oi \! Total Base Bid -�tL- 3 g 20.00 g 210,504.14 ea !! dace Bid Item 2- Removal of wet damaged roof deck insulation as needed and infilling with penile rigid board insulation at an average thickness of 6 ", complete in dace . -rsf SUMMARY OF BIDS 0 9 0 CO "237,880.00 \ 0 CO oi \! Total Base Bid -�tL- 3 File : \ Mproject \councilexhibits \exh4361.dwg NUECES BAY CORPUS CHRISTI INTERNATIONAL AIRPORT W. POINT LOCATION MAP NOT TO SCALE PROJECT LOCATION N CORPUS CHRISTI BAY 4 Ppr, At nil - , E i MEE 0 � 'GO' ii 0_ similti _a.i11 LEOPARD i■■■ ■r ocnw ° - a r w n o 1■111®■LL &�ii I1 Ben _ Garz Pa k 1 liarliantuacrill glis PROJECT SITE CITY PROJECT No. 4361 VICINITY MAP NOT TO SCALE EXHIBIT 'C• CITY HALL REROOFING PROJECT - 2008 POST HURRICANE /DISASTER RECOVERY OPERATIONS -142- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07 -08 -2008 15 AGENDA MEMORANDUM City Council Action Date: July 22, 2008 SUBJECT: Americans with Disabilities Act (ADA) and Co -Ed Improvements: Fire Station No. 2 (Project No. 5235) Fire Station No. 6 (Project No. 5236) BOND ISSUE 2004 AGENDA ITEM: A. Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Nuway International Inc. of Corpus Christi, Texas, in the amount of $69,922.28 for Americans with Disabilities Act (ADA) and Co -Ed Improvements at Fire Station No. 2 BOND ISSUE 2004. B. Motion authorizing the City Manager, or his designee, to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $60,711.84 for Americans with Disabilities Act (ADA) and Co -Ed Improvements at Fire Station No. 6 BOND ISSUE 2004. ISSUE: This project is necessary to address the needs of female personnel assigned to fire stations. Fire stations were historically designed assuming all personnel would be male with common sleeping dormitory and restroom areas. In recent years, several women have passed the Fire Academy's stringent education and physical training requirements, and are successfully serving with the Corpus Christi Fire Department. The assignment of female firefighters to older stations requires the stations be modified to address privacy and separation issues in sleeping and restroom areas. The work will also result in improved City compliance with the Americans with Disabilities Act, and a general upgrade to Fire Station Nos. 2 and 6. The work is proposed under a Job Order Contract with Nuway International Inc. and Alpha Building Corporation. The proposed project was approved November 2, 2004 in the Bond Issue 2004 Package. The project is now ready to begin construction; and requires City Council approval. FUNDING: Funds for this project are available from the CIP Public Health and Safety Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Richard Hooks, Fire Chief Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Actions Exhibit "C" Scope of Work and Costs Exhibit "D" Location Map —145— .... ..�..- .,..,....�..,� ... o.�ca.ucc nconsnm[ONSTRNCTION\AGENDA MEMO Kevin R. Stowers, Interim Director of Engineering Services IEXHIBIT "A" I Page 1 of 2 BACKGROUND INFORMATION SUBJECT: Americans with Disabilities Act (ADA) and Co -Ed Improvements: Fire Station No. 2 (Project No. 5235) Fire Station No. 6 (Project No. 5236) BOND ISSUE 2004 PROJECT DESCRIPTION: The project will provide improvements to Fire Stations including modification of existing restrooms, adding internal restroom facilities for female personnel and persons with disabilities, compartmentalization of dormitories for privacy, and accessible parking and access route to buildings, and other minor modifications to the following two (2) Fire Stations: 1. Fire Station No. 2 13421 Leopard Street 2. Fire Station No. 6 6713 Weber Road The work includes demolition, concrete, masonry, metals, thermal and moisture protection, openings, finishes, specialties, equipment, furnishings, plumbing, electrical, earthwork, and exterior improvements. CONSTRUCTION SCHEDULE: Each project will be completed within 70 days from notice to proceed. METHOD OF CONSTRUCTION: Job Order Contracting (JOC) is an innovative contracting technique created for facilities maintenance and construction- related services to assist with obtaining greater contractor performance in relation to smaller projects on a cost - effective and timely basis. The JOC Program utilizes an "on- call" general construction contractor on an as- needed basis for an Indefinite Quantity Contract to perform minor construction, repair, rehabilitation or alteration of facilities. Job Order Contracting streamlines the construction procurement process by establishing an overriding indefinite delivery and indefinite quantity agreement with purchase or delivery orders based on specific projects as needed. This process is extremely flexible, allowing scope and cost to be accurately detailed BEFORE award. The following are important benefits of using this contract method: ➢ Allows a better defined scope with cost for the customer. ➢ Construction contract award can be accomplished in less than one month, significantly shortening the procurement time. ➢ Each delivery order is a stand -alone contract. Future awards will be based specifically on the contractor's performance and the needs of the City of Corpus Christi. ➢ Change Orders are minimized. The approved contractor will specifically conduct detailed site visits and discussions with City Staff to review the requirements, work H: \USERS2WOMEWELMAP\GEN\PIRE DEPT\ 51701CONSTRUCTIONWGEND lyUGROUND conditions, and facility condition prior to submitting a proposal. This will significantly reduce and /or eliminate unforeseen conditions and excessive cost growth. On January 3, 2007, the City of Corpus Christi issued an RFP (2007 -01) for JOC contractors. This enabled the City of Corpus Christi to more effectively target local contractors, including minority /minority business enterprises and HUB contractors. It also avoided the pass- through fees associated with the Texas Cooperative Partnering Network TCPN. Six contractors submitted proposals; however, one proposal was received late and was returned unopened. After evaluation by staff and the selection committee, it was recommended to pursue JOC contracts with two contractors: 1. Alpha Building Corporation, 6300 Ocean Drive, Corpus Christi, Texas, 78412 2. Nuway International Inc., 2621 Holly Road, Corpus Christi, Texas, 78415 The first project to utilize the services of Alpha Building Corporation under the JOC format was the project to renovate the Joe Garza Recreation Center, a Bond Issue 2004 and CDBG- funded project which was approved by the City Council on April 10, 2007. As of June 2008, a combined total of 59 delivery orders (contracts) have been issued to Alpha Building Corporation and Nuway International totaling approximately $2,573,769. This request for proposals was competed for a three -year period to be renewed each year based on the successful performance of the contractors. To date the process has proven quite successful and is entering the second year at its anniversary in April 2008. A similar contracting technique was approved by the City Council in September 2005 under the TCPN. Fire Station No. 13 and Kiwanis Softball Field Improvements (both Bond 2004 projects) were successfully completed under the TCPN JOC. The TCPN utilized Centennial Contractor Enterprise, Inc. of San Antonio. IEXHIBIT "A" I Page 2 of 2 H: \USERS2 W OME\VELMAP\GEMFIRE DEPT\5170 \ CONSTRUCTION AGENDA BACf(�ROUND PROR PROJECT ACTIONS SUBJECT: Americans with Disabilities Act (ADA) and Co -Ed Improvements: Fire Station No. 2 (Project No. 5235) Fire Station No. 6 (Project No. 5236) BOND ISSUE 2004 PRIOR COUNCIL ACTION: 1. November 2, 2004 — Resolution expressing official intent to reimburse costs of the 2004 Bond Capital Improvement Projects (Resolution No. 026015). 2. November 9, 2004 — Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on resident homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendment to the Charter of the City of Corpus Christi (Ordinance No. 026022). PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004- 03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. October 3, 2005 — Executed Small NE Agreement with Morgan Spear Associates, Inc. in the amount of $15,840 for the ADA and Co -Ed Fire Station Improvements Project. 5. July 7, 2007 — Executed Small Construction Job Order Contract (JOC) with Alpha Building Corporation of Corpus Christi, Texas in the amount of $20,819.83 for Americans with Disabilities Act (ADA) and Co -Ed Improvements at Fire Station No. 15 BOND ISSUE 2004. 6. July 9, 2007 — Executed Small Construction Job Order Contract (JOC) with Alpha Building Corporation of Corpus Christi, Texas in the amount of $13,777.27 for Americans with Disabilities Act (ADA) and Co -Ed Improvements at Fire Station No. 1 BOND ISSUE 2004. —148— H: \USERS2\HOMENELMAP \GEN\FIRE DEPT\ 5170\CONSTRUCTION\PRIOR ACTIONS EXHIBIT "B" Page 1 of 2 PRIOR ADMINISTRATIVE ACTION (continued): 7. December 19, 2007 — Executed Small Construction Job Order Contract (JOC) with Alpha Building Corporation of Corpus Christi, Texas in the amount of $8,587.39 for Americans with Disabilities Act (ADA) and Co -Ed Improvements at Fire Station No. 7 BOND ISSUE 2004. 8. February 19, 2008 — Executed Small Construction Job Order Contract (JOC) with Alpha Building Corporation of Corpus Christi, Texas in the amount of $5,176 for Americans with Disabilities Act (ADA) and Co -Ed Improvements at Fire Station No. 10 BOND ISSUE 2004. FUTURE ACTION: 1. July 2008 - Execute a Small Construction Job Order Contract (JOC) with Alpha Building Corporation of Corpus Christi, Texas in the amount of $47,700.89 for Americans with Disabilities Act (ADA) and Co -Ed Improvements at Fire Station No. 14 BOND ISSUE 2004. —149— IEXHIBIT "B" I Page 2 of 2 SCOPE OF WORK AND COSTS SUBJECT: Americans with Disabilities Act (ADA) and Co -Ed Improvements: Fire Station No. 2 (Project No. 5235) Fire Station No. 6 (Project No. 5236) BOND ISSUE 2004 SCOPE OF WORK FIRE STATION NOS. 2 AND 6: The scope of work for Fire Station Nos. 2 and 6 are similar and listed below. Minor differences in existing facilities and proposed renovations are included in the cost summaries. Store Front • Remove landscaping /rubbish and pour slab for new entrance way /door • Existing entrance way concrete slab will be left as is • Remove entire store front and install new store front with 3 -0 7 -0 entrance door Captain's Office /Room • Double -up 5/8 fire rate drywall into window areas • Install R -30 insulation into walls and ceiling • Install 5/8 fire rate drywall • Finish work for wall, caulk, tape, float, texture Co -Ed Restroom /Shower • Upgrade co -ed restroom to ADA standards • Remove EDF from 45 deg wall and demo • Square wall for new co -ed shower area • Install new co -ed shower • Close -in wall through common restroom to co -ed shower • Convert men's dressing area to shower Living Quarters • Remove and raise suspended ceiling 6" • Re- install suspended ceiling with 2X2 tiles • Install hospital style (dark) curtains and track • Install 1x3 shelves • Install one quad receptacle per cubical • Install on 24" 1 bulb fluorescent fixture per cubical Install small clamp -on fan, one per cubical IEXHIBIT "C" Page 1 of 3 N1USERS2WOMEVELMAP\CEMFIRE DEPT\5170\CONSTRUCTIONLSCOPEI RK AND COSTS NVA 1J. FIRE STATION NO. 2 (Nuway International, Inc.) General Requirements $3,685.40 Existing Conditions 1,153.20 Concrete 3,437.80 Masonry 314.90 Metals 1,163.37 Wood, Plastics, Composites 740.78 Thermal and Moisture Protection 172.39 Openings 10,648.05 Finishes 5,131.87 Specialties 2,535.05 Furnishings 19,450.45 Plumbing 15,541.76 Heating, Ventilating, Air Conditioning (HVAC) 342.50 Electrical 7,021.56 Earthwork 428.22 Exterior Improvements 190.50 Total 71,958.80 RSMeans Corpus Christi, TX ( -22%) (15,830.71) Corpus Christi Coefficient (18 %) 9,532.49 Permit (3 %) 1,986.91 Bond (2.5 %) 1,705.41 Corpus Christi JOC Coefficient (18%) 570.38 Grand Total $69,922.28 IEXHIBIT "C" I Page 2 of 3 H: \USERS2WOMEWELMAP \GEMFIRE DEPT\ 5170\ CONSTRUCTION\SCOPF„QYIV5)1K ND COSTS FIRE STATION NO. 6 (Alpha Building Corporation) Existing Conditions $7,746.85 Concrete 2,018.15 Thermal and Moisture Protection 4,245.12 Openings 11,076.10 Finishes 20,775.09 Specialties 3,991.00 Equipment 3,960.00 Plumbing 13,029.75 Electrical 10,658.70 Earthwork 1,782.01 Exterior Improvements 1,136.15 Alternates 463.20 Total 80,882.12 CCI Index Corpus Christi (- 20.5 %) (16,580.83) Priced Line Item Coefficient ( -11 %) (7,073.14) Bond (2.5 %) 1,430.70 Permit (3.5 %) 2,002.99 Permit Fee 50.00 Grand Total $60,711.84 IEXHIBIT "C" I Page 3 of 3 H: \USERS211-1OME\VELMAP\GEN\FIRE DEPT5170 \CONSTRUCTION\ SCOPE f tA2RK AND COSTS EXHIBIT "D' File : \ Mproj ect\ councilexhibits \exh5235,36,37.dwg CORPUS C9PRIS7r IOW Nueces County PROJECT NO. 5238 CITY PROJECT No. 5235,5236 LOCATION MAP NOT TO SCALE ADA AND CO -ED FIRE STATION IMPROVEMENTS_153_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07 -03 -2008 16 AGENDA MEMORANDUM DATE: July 22, 2008 SUBJECT: Lift Station Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, North Beach "D" Lift Station (Project No. 7405) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with Jhabores Construction from Corpus Christi, Texas in the amount of $284,267 for Lift Station Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, and North Beach "D" Lift Station. ISSUE: The proposed project is necessary to address critical issues with the wet well and piping of the lift stations. The piping and wet wells are in poor condition due to corrosive gases that naturally occur in wastewater. The project was bid on June 25, 2008; and is ready to be awarded, which requires City Council approval. FUNDING: Funding is available from the FY 2008 Wastewater Capital Outlay Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. Foster Crowell, 9 Director of Wastewater Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map evin Stowers, Interim Director of Engineering Services H:\ USERS2 WOME\VELMAP \GEN \WASTEWATER\7405 LIFT STATION IMPS ICON RYCTIONWGENDA MEMO BACKGROUND INFORMATION SUBJECT: Lift Station Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, North Beach "D" Lift Station (Project No. 7405) PROJECT DESCRIPTION: The proposed project includes the rehabilitation of three lift stations which requires bypass pumping, cleaning and lining of two concrete wet wells and the replacement of pump bases, pump guide rails and accessories, discharge piping in the wet well, gate valves and check valves and miscellaneous items of work required to complete project in accordance with plans, specifications and Contract Documents. This work is critical to sustain the wastewater operations for the three lift stations. The North Beach Lift Stations are beyond their design lifecycle and the proximity to the Corpus Christi Bay make these improvements even more critical. North Beach B Lift Station is also the main lift station that transfers all the wastewater from the North Beach area across the ship channel to the Broadway Wastewater Treatment Plant. The proposed improvements will extend the lifecycle until a replacement project is programmed. The Cimarron/Yorktown Lift Station is scheduled for replacement within the next 24 months. The lift station cannot currently meet the full design capacity. These proposed interim repairs will restore full capacity and keep the lift station in service until the new lift station is placed into service. The growth on the South Side of Corpus Christi also requires this lift station to be upgraded as part of the replacement project. BID INFORMATION: Competition was received for the project with bids submitted on June 25, 2008 from two (2) contractors. The bids range from $284,267 to $288,000. The engineer's estimated cost of construction is $240,000. The low bid was submitted by Jhabores. Construction of Corpus Christi, Texas. See Exhibit "C" Tabulation of Bids. The low bid of Jhabores Construction is higher than the engineer's estimated cost of construction which can be attributed to the current economic situation as follows: 1. Material costs have been fluctuating considerably due to increases in fuel costs. 2. Throughout the state of Texas, the construction industry is busy increasing the demand and cost for labor, materials and equipment for projects. The City's consultant, Urban Engineering, and City staff recommends that the construction contract be awarded to Jhabores Construction in the amount of $284,267 for the Lift Station Improvements Project. TIME OF COMPLETION: The contract provides for the work to be complete within 90 calendar days of notice to proceed. —158— HiiISERS2 \NOME\VELMAP\GEN\ WASTEWATER \7405 LIFT STATION IMPS\CONSTRUCTIOMAGENDA BACKGROUND IEXHIBIT "A" Page 1 of 1 IEXHIBIT "A -1" I Page 1 of 1 PRIOR PROJECT ACTIONS SUBJECT: Lift Station Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, North Beach "D" Lift Station (Project No. 7405) PRIOR COUNCIL ACTION: 1. July 24, 2007 — Ordinance approving the FY 2007 -2008 Capital Operating Budget (Ordinance 027352). PRIOR ADMINISTRATIVE ACTION: 1. April 21, 2008 — Administrative approval of Small AIE Agreement for Architect/Engineer Consultant Services with Urban Engineering in the amount of $26,955 for Lift Station Improvements: Cimarron at Yorktown Lift Station, North Beach "B" Lift Station, and North Beach "D" Lift Station. H:\ USERS2WOME\VELMAP\GE4\WASTEWATER \7405 LIFT STATION IMPS\ COMSnCTION\PRIOR PROJECT ACTIONS PROJECT BUDGET LIFT STATION IMPROVEMENTS CIMARRON AT YORKTOWN LIFT STATION NORTH BEACH "B" LIFT STATION NORTH BEACH "D" LIFT STATION Project No. 7405 July 22, 2008 FUNDS AVAILABLE: Wastewater $342,652.00 FUNDS REQUIRED: Construction (Jhabores Construction) $284,267.00 Contingencies (10 %) 28,430.00 Consultant (Urban Engineering) 26,955.00 Reimbursements 2,000.00 Misc. (Printing, Advertising, etc.) 1,000.00 Total $342,652.00 H:\ USERS2WOME \VELMAP\GEMWASTEWATER\7405 LIFT STATION IMPS \CONSTRUTTwIoPROJECT BUDGET IEXHIBIT "B" l Page 1 of 1 TABULATION OF BIDS Page 1 of 1 DEPARTMENT OF ENGINEERING - CITY OF CORPUS CHRISTI, TEXAS TABULATED BY: Urban Engineering Time of Completion: 90 Calendar Days Date: Wednesday, June 25, 2008 ENGINEER'S ESTIMATE $240,000.00 CIMARRON AT YORKTOWN AND N. BEACH 'B' AND 'D' LIFT STATION IMPROVEMENTS Jhabores Construction Big State Excavation P.O. Box 80089 15531 Kuykendahl, Ste 280 (City Project No. 7405) Corpus Christi, Tx 78466 Houston, Tx 77090 UNIT UNIT DESCRIPTION QTY. UNIT PRICE AMOUNT PRICE AMOUNT r.. Modifications/Rehabilitation for Cimarron at Yorktown Lift Stati on A -1 Replace North Pump Discharge Piping 1 LS 6,000.00 $6,000.00 11,000.00 $11,000.00 A -2 New Pipe Bracing 1 LS 7,220.00 $7,220.00 3,000.00 $3,000.00 A -3 Replace Both Pump Bases 1 LS 8,069.00 $8,069.00 7,700.00 $7,700.00 A-4 Replace East Header Valves 1 LS 9,193.00 $9,193.00 12,000.00 $12,000.00 A -5 Replace Pump Duige Rails 1 LS 5,325.00 $5,325.00 7,600.00 $7,600.00 A-6 New Pipe Coupling 1 LS 7,216.00 $7,216.00 2,700.00 $2,700.00 A -7 Bypass Piping and Pumping 1 LS 17,386.00 $17,386.00 22,000.00 $22,000.00 $60,409.00 $66,000.00 SubTotal Base Bid Part A B. Modifications/Rehabilitation for North Beach Lift Station '9' B-1 Replace 90° Bends in Wet Well 1 LS 4,442.00 $4,442.00 3,800.00 $3,800.00 9-2 Replace Pump Discharge Piping 1 LS 9,072.00 $9,072.00 11,000.00 $11,000.00 B-3 Replace Three Pump Bases 1 LS 10,652.00 $10,652.00 5,100.00 $5,100.00 B-4 Coat D.I.P. and Concrete in the Wet Well 1 LS 31542.00 $31,642.00 4,600.00 $4,600.00 B -5 Vent Pipe Improvements 1 LS 1,365.00 $1,365.00 900.00 $900.00 8-6 New Pipe Bracing 1 LS 7,221.00 $7,221.00 3,500.00 $3,500.00 B-7 Replace Pump Buide Rails 1 LS 8,302.00 $8,302.00 15,700.00 $15,700.00 B-8 Replace Valve Vauilt Fasteners with 316 Stainless Steel 1 LS 1,835.00 $1,835.00 2,300.00 $2,300.00 13-9 Replace Wall Pipes with PVC 1 LS 6,981.00 $6,981.00 3,700.00 $3,700.00 B -10 Emergency Pump Connection Improv. 1 LS 1,144.00 $1,144.00 1,100.00 $1,100.00 5-11 Install New 8" Plug Valve 1 LS 3,485.00 $3,485.00 4,000.00 $4,000.00 B -12 Replace Two 8" Plug Valves 1 LS 5,316.00 $5,316.00 5,100.00 $5,100.00 B -13 Replace Two 8" Check Valves 1 LS 3,927.00 $3,927.00 6,600.00 $6,600.00 B-14 Bypass Piping and Pumping 1 LS 16,787.00 $16,787.00 51,000.00 $51,000.00 $112,171.00 $118,400.00 SubTotal Base Bid Part B C. Modifications/Rehabilitation for North Beach Lift Station 'D' C -1 Replace 90° Bends in Wet Well 1 LS 4,296.00 $4,296.00 2,100.00 $2,100.00 C-2 Replace Pump Discharge Piping 1 LS 5,326.00 $5,326.00 6,700.00 $6,700.00 C -3 Replace Two Pump Bases 1 LS 9,388.00 $9,388.00 4,200.00 $4,200.00 C-4 Coat D .LP. and Concrete in the Wet Well 1 LS 31,643.00 $31,643.00 4,000.00 $4,000.00 C -5 Vent Pipe Improvements 1 LS 1,365.00 $1,365.00 800.00 $800.00 C-6 New Pipe Bracing 1 LS 2,265.00 $2,265.00 1,600.00 $1,600.00 C -7 Replace Pump Guide Rails 1 LS 4,331.00 $4,331.00 5,000.00 $5,000.00 C-8 Replace Valve Vault Fasteners with 316 Stainless Steel 1 LS 1,333.00 $1,333.00 2,300.00 $2,300.00 C -9 Replace Wall Pipes with PVC 1 LS 6,861.00 $6,861.00 1,900.00 $1,900.00 C -10 Install New 8" Plug Valve 1 LS 2,976.00 $2,976.00 2,700.00 $2,700.00 C-11 Replace One 8" Plug Valve 1 LS 2,976.00 $2,976.00 2,400.00 $2,400.00 C -12 Replace Two 8" Chack Valves 1 LS 3,927.00 $3,927.00 6,400.00 $6,400.00 C-13 Bypass Piping and Pumping 1 LS 15,000.00 $15,000.00 43,500.00 $43,500.00 $91,687.00 $83,600.00 SubTotal Base Bid Part C D. D-1f Utility Allowance (Mandatory Allowance) 1 LS $20,000.00 $20,000.00 TOTAL BASE BID $284,267.00 $28B' 0 h 1 H:\Home\Mproject\Councilexh\exh7405.dwg NUECES BAY ROAD CORPUS CHRISTI BAY PROJECT No. 7405 LOCATION MAP NOT TO SCALE EXHIBIT "D" LIFT STATION IMPROVEMENTS: CIMARRON AT YORKTOWN LIFT STATION, NORTH BEACH "B" LIFT STATION NORTH BEACH "D" LIFT STAT1 j CITY OF CORPUS CHRISTI, TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 2 of 2 DATE: 07 -10 -2008 NNW I■11 SNP ■.r File : \ Mproject \councilexhibits \exh7405.dwg NUECES BAY PROJECT LOCATION CORPUS CHRISTI BAY LOCATION MAP NOT TO SCALE NORTH BEACH "B" LIFT STATION CITY PROJECT No. 7405 LOCATION MAP NOT TO SCALE NORTH BEACH "D" LIFT STATION EXHIBIT LIFT STATION IMPROVEMENTS: CIMARRON AT YORKTOWN LIFT STATION, NORTH BEACH "B" LIFT STATION NORTH BEACH "D" LIFT STATIQd3- riry nc rnaoi CHRISTI. TEXAS CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 2 DATE: 07 -10 -2008 D 17 AGENDA MEMORANDUM DATE: July 22, 2008 SUBJECT: Cefe Valenzuela Landfill Section Change Order No. 1 (Project 5225) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 1 for additional excavation and installation of a groundwater underdrains in the amount of $231,399.00 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation ISSUES: 1. Additional material needs to be excavated as the Pre - Excavation Contractor did not excavate the amount of material projected prior to Construction of Sectors 4A and 4B. 2. A groundwater underdrain system needs to be installed to facilitate timely completion of the disposal cell as groundwater conditions would delay completion if not aggressively addressed. RECOMMENDATION: Approval of the motion as presented. 171. Aks.4.4 Kevin R. Stowers Lawrence Mikolalczyk Interim Director - Engineering Services Interim Director of Solid Waste Services Attachments: a. Additional Information b. Change Order Summary c. Site Map H: \HOME XEV INS \GEN\ LANDFILL \ValenzuelaCells4A4B \COl Memo.doc —167— ADDITIONAL INFORMATION SUBJECT: Cefe Valenzuela Landfill Section Change Order No. 1 (Project 5225) Change Order: The change order provides for: • the excavation of 52,700 -cy of additional material by the contractor (Longhorn Excavators) that will occur during the construction of Sector 4A and pre- excavation of Sector 4B; and • installation of approximately 1920 -If of groundwater underdrain to facilitate timely completion of the project. The additional material being excavated through this Change Order was originally programmed to be removed as part of a pre- excavation contract with the Landfill Operator (Allied Waste). The Allied Waste work was programmed on an equipment time basis as set forth in their management contract. Allied Waste did not complete removal of all of the pre- excavation material programmed for removal prior to the start of construction by Longhorn Excavators. Allied Waste was paid only for the actual work performed. Those funds not paid are available to defray the cost of the Change Order with Longhorn Excavators. Allied Waste was directed to cease excavation by the City prior to the start of construction for Sectors 4A and 4B. This allowed the City to perform a survey to determine the actual quantity of material that would need to be removed by Longhorn Excavators. Groundwater conditions are more severe than indicated by prior construction and geotechnical data. Installation of the groundwater underdrain is deemed necessary to avoid delay in project completion. The underdrain consists of: • 1920 If x $39/If (1.0 -ft deep x 2.0 -ft wide) groundwater underdrains with bottom of trench geotextile fabric; • drainage aggregate compliant with Section 02231; • perforated 6 -in diameter HDPE single wall slotted corrugated D601 or equivalent; • filter fabric; and • continuous dewatering or as needed to maintain stability of excavated area A summary of the change order is attached. See Exhibit B. The Change Order price is based on the unit quantity prices bids as set forth in the contract. PRIOR COUNCIL ACTION: January 8, 2008 - Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to an engineering services contract with Chiang, Patel & Yerby, Inc. of Dallas, Texas in the amount of $147,000.00 for a restated not to exceed fee of $197,000.00 for design, bid and construction phase services for construction of disposal Cells 4A and 4B at Cefe Valenzuela Landfill (M2008 -005). Exhibit "A" Page 1 of 2 H:\ HOME \KEVINS \GEN\ ANDFILL \ValenzueIaCelIs4A4B \CO1 BISgExhA.doc —1 6 May 27, 2008 — A. Motion authorizing the City Manager, or his designee, to execute a contract with Longhorn Excavators, Inc. of Richmond, Texas in the amount of $2,369,450.00 for construction of Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation (M2008 -128). B. Motion authorizing the City Manager, or his designee, to execute a contract engineering materials testing services with Kleinfelder, Inc, of Corpus Christi, Texas, in the amount of $262,466.00 for construction of Cefe F. Valenzuela Landfill Sect 4A Liner & Leachate Collection System and Section 4B Excavation project (M2008 -129). PRIOR ADMINISTRATIVE ACTION: January 3, 2008 — Award of an engineering services contract to HDR, Inc. of Corpus Christi, Texas in the amount of $50,000.00 for Preliminary and Initial Design Services for Cefe Valenzuela Landfill Disposal Cells 4A and 4B. February 10, 2008 — Award of Amendment No. 2 to the engineering services contract to HDR, Inc. of Corpus Christi, Texas in the amount of $20,500.00 for a restated not to exceed fee of $217,500 for surveying services associated with the storm water disposal pond for Cefe Valenzuela Landfill Disposal Cells 4A and 4B. March 24, 2008 - — Award of Amendment No. 3 to the engineering services contract to HDR, Inc. of Corpus Christi, Texas in the amount of $49,730.00 for a restated not to exceed fee of $267,230 to separate bid and contract documents to permit early award of Cefe Valenzuela Landfill Disposal Cell 4A and a subsequent separate award of Cell 4B. FUTURE COUNCIL ACTION: Approval of change orders that may be required. Award of construction contract for Sector 4B. RECOMMENDATION: Approval of the ratification and motion as presented. FUNDING: Funding is available from the Sanitary Landfill 2006 CIP Funds. Exhibit "A" Page 2of2 FIN- IOME\xEV INS\ GEN\ L. ANDFILL \ValenzuelaCells4A4B \CO1 BkgExhA.doc —1 6 9— DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET JULY 22, 2008 PROJECT: J.C. Elliott Citizens Collection Center and Transfer Station (Project 5192) APPROVED: Motion No. M2008 -128 05/27/08 CONTRACTOR: Longhorn Excavators, Inc. 8653 F.M. 2775 Road Richmond, TX 77469 TOTAL CONTRACT AMOUNT 2,369,450.00 25% Limit Amount 592,362.50 Change Order No. 1 (05/27/08) 231,399.00 Total 231,399.00= 9.76% < 25% —170— Exhibit B Page 1 of 2 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 1 FUNDING SOURCE: 550910- 3362 - 00000 - 140328 CONTRACT TIME: 148 C.D. Operating Department: Engineering Services DATE: July 9, 2008 Name of Project: Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation — Project # 5225 Contractor: Longhorn Excavators, Inc. CHANGE AS FOLLOWS: ADD DEDUCT 1. Increase excavation quantity by 52,700 cy x $2.92/cy $156,519.00 2. Install 1920 If x $39/If (1.0 -ft deep x 2.0 -ft wide) groundwater underdrains with bottom of trench geotextile fabric with unit weight of > 8 -oz/sf with drainage aggregate compliant with Section 02231 and perforated 6 -in diameter HDPE single wall slotted corrugated D601 or equivalent and filter fabric with continuous dewatering or as needed to maintain stability of excavated area $ 74,880.00 Total $231,399.00 3. Revise start date of Notice to Proceed from June 23, 2008 to June 26, 2008. Why was this change necessary? (If left off the plans and specifications, explain why) Item 1. Allied Waste did not preexcavation quantity authorized prior to start of this contract. Adjustment is based on survey of remaining material to be excavated which is in addition to the contracted unit quantity. Item 2. Groundwater conditions are more severe than indicated by qeotechnical data requiring additional action to avoid delay in project completion. How can similar changes be avoided in the future? Unavoidable. A. CONTRACT PRICE $ 2,369,450.00 B. TOTAL CHANGE ORDER (inc. current) $ 231,399.00 C. NEW CONTRACT PRICE $ 2,600,849.00 D. THIS CHANGE ORDER $ 231,399.00 E. PERCENT TOTAL CHANGE (B /A) 9.76% F. PREVIOUS ADDN'L TIME AUTHORIZED 0 CD G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 7 CD H. TOTAL ADDITIONAL TIME 7 CD CITY OF CORPUS CHRISTI, TEXAS By: City Engine -r APPROVE CONTRACTOR Project Engineer By: Title: Operating Department Director of Management & Budget Legal Department -171- Exhibit B Page 2 of 2 \Mproject \council exhibits \exh5225bCO. d wg F.N. 43 J.C. ELLIOTT LANDFILL NUECES COUNTY F.M. 665 F.M. 20 F.M. 18 CEFE F. VALENZUELA MUNICIPAL LANDFILL LOCATION MAP IT TO � PROJECT NO. 5225 SITE LOCATION MAP NOT TO SCALE EXHIBIT "C" CEFE F. VALENZUELA LANDFILL SECTION (CHANGE ORGER NO. 1) _172_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03/04/2008 - - - - -- • ! ,/ A � Sc1stJk; • / ../0M Mt 1 WOO. • IQ191 F ME 14 FOR ' iU7] j 2 (a T } -2 \ ri1l , \ \\ a i , 1w a / f '1 III FMK UNIT jsi FOOTPRINT w.mn 1� / • \ / \\ \ �i/ \ ' \,n f (eV*f '4�f�.f /•�••4 /} ..4f.•••,•:-• luowc , • • .• A VP \ 1 •�f��•f .�. f�. fff• • PROJECT NO. 5225 SITE LOCATION MAP NOT TO SCALE EXHIBIT "C" CEFE F. VALENZUELA LANDFILL SECTION (CHANGE ORGER NO. 1) _172_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 03/04/2008 18 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2008 AGENDA ITEM: Ordinance appropriating $306,017.16 from estimated excess revenues over expenditures in Fund No. 1020 General Fund for "one- time" expenditures in the fiscal year 2007 -2008 operating budget for the buydown of lease purchases in the amount of $306,017.16; Changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing revenues and appropriations by $306,017.16 each; and declaring an emergency. ISSUE: It is anticipated that estimated revenues for FY 2007 -2008 will exceed estimated expenditures by approximately $1,000,000. As delineated by the Financial Policy in place for the FY 2007 -08 Budget established by the City Council on January 10, 2006, undesignated fund balance in excess of the 10 percent reserve requirement may be recommended for use as one -time expenditures. The Financial Policy was reaffirmed on April 29, 2008 for the FY 2008 -09 Budget. These anticipated excess funds qualify to be used for one -time expenditures because the General Fund has already met the 10 percent reserve requirement. REQUIRED COUNCIL ACTION: Approval of ordinance appropriating excess revenues over estimated expenditures to be used for one -time expenditures. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the ordinance as submitted. Attachments: Background information Ordinance &Nile Houlihan Assistant Budget Director —1 7 5— BACKGROUND INFORMATION On January 10, 2006 the City Council passed Resolution No. 026605 reaffirming certain financial policies, providing policies for maintenance of the General Fund's fund balance at an adequate level and providing policy direction on preparation of the FY 2007 -2008 budget. This Policy was in place for the FY 2007 -08 Budget. The Financial Policy was reaffirmed on April 29, 2008 for the FY 2008 -09 Budget. The Resolution states that it is the goal of the City Council to maintain a reserve in the General Fund unreserved fund balance which totals at least 10% of total annual General Fund appropriations. The Resolution also states that undesignated fund balance in excess of the 10% policy requirement may be recommended for expenditure on one- time improvements, with a priority on infrastructure and equipment which will reduce the need for future debt. The FY 2007 -2008 year -end estimate is that revenues will be approximately $1,000,000 over expenditures. As a result, the 10% goal has been met, and staff is recommending that the estimated excess revenues over expenditures in the General Fund for FY 2007 -2008 be appropriated and used for the following items: Buydown of Lease Purchases $306,017.16 The buydown of these leases has been anticipated in the Proposed FY 2008 -2009 Operating Budget. The lease purchased equipment is a Storage Area Network for the Police Department and 6 Refuse Trucks for the Solid Waste Department. The buydown of these leases will result in savings of $292,219.10 in FY 2008 -2009 and $17,699.40 in FY 2009 -2010. If it is determined after the close of this fiscal year that the net of revenues over expenditures is less than the $306,017.16 that we currently are appropriating, the difference will come from the General Fund undesignated fund balance (that currently is in excess of the 10% policy requirement which now exists). —176— ORDINANCE APPROPRIATING $306,017.16 FROM ESTIMATED EXCESS REVENUES OVER EXPENDITURES IN FUND NO. 1020 GENERAL FUND FOR "ONE- TIME" EXPENDITURES IN THE FISCAL YEAR 2007 -2008 OPERATING BUDGET FOR THE BUYDOWN OF LEASE PURCHASES IN THE AMOUNT OF $306,017.16; CHANGING THE FY 2007 -2008 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027352 BY INCREASING REVENUES AND APPROPRIATIONS BY $306,017.16 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $306,017.16 from estimated excess revenues over expenditures is appropriated in Fund No. 1020 General Fund for "one -time" expenditures in the fiscal year 2007 -2008 operating budget for the buydown of lease purchases in the amount of $306,017.16. SECTION 2. That the FY 2007 -2008 operating budget adopted by Ordinance 027352 is changed to increase estimated revenues and appropriations by $306,017.16 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 22nd day of July, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 16, 2008 P Lisa Aguilar, sistant City Attorney for City Attorney Henry Garrett Mayor —177— 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 —178-- 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2008 AGENDA ITEM: Ordinance appropriating $13,462,290.54 of unappropriated interest earnings from the Capital Improvement Projects (CIP) Bond Funds listed in Exhibit A of this ordinance, including Streets CIP, Water CIP, Stormwater CIP, Wastewater CIP, Gas CIP, Parks CIP, Public Health and Safety CIP, Landfill CIP, Bayfront Development CIP, Packery Channel CIP, Museum CIP and Police Building CIP, for same or similar CIP projects as allowed by the bond covenants; changing the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027546 by increasing appropriations by $13,462,290.54; and declaring and emergency. ISSUE: When Capital Improvement Projects are financed, the proceeds are invested until which time that contracts are awarded and payments become due for work completed. The interest earnings can be applied as payment toward the projects approved in the financing should the costs exceed the original estimates, or if the projects are already completed, the earnings can be used to fund similar projects. Exhibit A of the Ordinance details individual fund interest earnings, listed by the following categories: Streets, Water, Stormwater, Wastewater, Gas, Parks, Public Health & Safety, Landfill, and Miscellaneous. These interest earnings must be appropriated in order to be expended. REQUIRED COUNCIL ACTION: Approval of Ordinance is required. CONCLUSION AND RECOMMENDATION: City Staff recommends approval of the Ordinance as presented. Attachment: Ordinance Cindy O'Brien r Director of Financial Services —181— ORDINANCE APPROPRIATING $13,462,290.54 OF UNAPPROPRIATED INTEREST EARNINGS FROM THE CAPITAL IMPROVEMENT PROJECTS (CIP) BOND FUNDS LISTED IN EXHIBIT A OF THIS ORDINANCE, INCLUDING STREETS CIP, WATER CIP, STORMWATER CIP, WASTEWATER CIP, GAS CIP, PARKS CIP , PUBLIC HEALTH & SAFETY CIP, LANDFILL CIP, BAYFRONT DEVELOPMENT CIP, PACKERY CHANNEL CIP, MUSEUM CIP AND POLICE BUILDING CIP, FOR SAME OR SIMILAR CIP PROJECTS AS ALLOWED BY THE BOND COVENANTS; CHANGING THE FY 2007 -2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 BY INCREASING APPROPRIATIONS BY $13,462,290.54 AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $13,462,290.54 of unappropriated interest earnings from the Capital Improvement Projects Funds listed in Exhibit A of this ordinance is appropriated for same or similar CIP projects as allowed by the bond covenants. SECTION 2. That the FY 2007 -2008 operating budget adopted by Ordinance 027352 is changed to increase appropriations by $13,462,290.54. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 22nd day of July, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: July 14, 2008 Lisa Aguilar(.Assistant City Attorney for City Attorney Henry Garrett Mayor —182— 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 —183— EXHIBIT A HUM No. 3538 Street 1905B CIP Fund No. 34116 Stout 2000 CIP Fund No. 3540 Sheet 2001 CIP Fund No. 3541 Sheet 2005 CIP Fund No. 3542 Stets 2007A -1 CIP Fund No. 3543 Street 2007A -1 CIP Fund No. 3544 Street 2007A CIP Fund WATER No. 4080 Water CIP Fund No. 4083 Water 1909 CIP Fund Na 4084 Water 2002 CIP Fund No. 4085 Water 2004 CIP Fund No. 4088 Water 2007A -1 CIP Fund Na 4090 Water 2008 CIP Fund STORMWATER No. 3480 Storm Water CIP Fund No. 3487 Storm Water 2002 CIP Fund No. 3488 Storm Water 2004 CIP Fund No. 3489 Storm Water 2007A -1 CIP Fund No. 3492 Storm Water 2006 CIP Fund WASTEWATER No. 3430 Wastewater CIP Fund No. 4240 Wastewater 1984A CIP Fund No. 4242 W aslaeater 1995A CIP Fund No. 4243 Wasswatr 1999A CIP Fund No. 4244 Wastewater 2002 CIP Fund No. 4245 Waste Water 2004 CIP Fund No. 4246 Waste Water 2007A -1 CIP Fund No. 4250 Wastewater 2008 CIP Fund No. 3800 Gas CIP Fund No. 4150 Gas 2008 CIP Fund P.ANISU No. 3280 Park CIP Fund No. 3289 Park & Rea 2005 CIP Fund PUBLIC HEALTH & SAFETY No. 3350 Public Health & Safety C1P Fund No. 3358 Public Health & Safety 2001 CIP Fund No. 3360 Public Health & Safety 2005 CIP Fund No. 3363 Public Health & Safety 2007A CIP Fund LANDFILL No. 3357 Public Health & Safety 199513 CIP Fund No. 3411 Sanitary Uvula 2000 CIP Fund No. 3359 Public Health & Safely 2004 CIP Fund No. 3381 Public Heath & Safely2005 CIP Fund No. 3362 Sanitary landfill 2006 CIP Fund MISCELLANEOUS No. 3123 Bayfront Development 2005 CIP Fund No. 3124 Baytrent Development 2007A CIP Fund No. 3277 Puckery Chanel CIP Fund No. 3262 Museum 2005 CIP Fund No. 3340 Pdlce Building CIP Fund -184- INTEREST 51,102.54 524,148.30 513,679.78 54,734,535.44 5180,273.28 5105,857.17 5720,911.52 $5,760,306.01 53,861.85 548,700.87 5332,342.35 5256,880.58 $27,198.70 5676.188.77 51,345,171.12 524,124.36 522,381.91 5179,364.08 5127,500.82 $58.86010 5412,031.97 5284,293.33 547,015.35 5673,429.86 51,762.38 5279,804.19 583,848.09 518,672.05 5481,610.57 51,850,335.82 542,892.34 561,473.48 5104,385.82 530,711.49 5678,950.33 5709,681.82 54,073.48 524,132.85 523,654.97 570,481.04 5122,342.32 513,880.83 5330,225.44 5254,203.80 $479,743.36 51,320,481.60 $2,398,534.83 $56,865.85 5508,124.47 5187,877.05 51,717.36 $4,955.30 $759,540.83 513,462,290.54 20 CITY COUNCIL AGENDA MEMORANDUM July 22, 2008 AGENDA ITEM: A. Resolution by the City Council of the City of Corpus Christi, Texas, directing publication of notice of intention to issue Combination Tax and Revenue Certificates of Obligation, for improvements to the City's Solid Waste facilities; authorizing City Manager to retain services of M.E. Allison & Co., Inc. as financial advisor, and McCall, Parkhurst & Horton L.L.P. as bond counsel; and resolving other matters relating to the subject. B. Motion authorizing the appointment of Morgan Keegan & Company Inc. as Senior Manager and Frost Bank as Co- Manager for the City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation, Series 2008. ISSUE: The City plans to issue up to $12,000,000 in Combination Tax and Solid Waste Revenue Certificates of Obligation. The certificates will be used for the purpose of paying contractual obligations relating to the construction of improvements to the City's solid waste facilities, as well as the payment of fiscal, engineering and legal fees incurred in connection with the certificates. State law requires that a notice of intention be published when certificates of obligation are to be sold. The resolution also requests that the City Council authorize the City Manager to retain the services of M.E. Allison & Co., Inc. as Financial Advisor, and McCall, Parkhurst & Horton L.L.P. as Bond Counsel, in connection with the issuance and sale of the proposed Certificates of Obligation. REQUIRED COUNCIL ACTION: City Council approval of the Resolution directing the publication and the motion authorizing the appointment of managers for the issuance. FUTURE COUNCIL ACTION: September 9, 2008 — Ordinance authorizing the issuance of up to $12,000,000 in Combination Tax and Solid Waste Revenue Certificates of Obligation and approving the execution of a purchase contract. RECOMMENDATION: City Staff recommends that the City Council approve the resolution directing publication of notice of intention to issue Combination Tax and Solid Waste Revenue Certificates of Obligation for landfill improvements and approve the appointment of Morgan Keegan & Company Inc. as Senior Manager and Frost Bank and Co- Manager for assistance in the issuance of the Certificates of Obligation. Attachments: Background Information Resolution —187— Cindy O'Brien Director of Financial Services BACKGROUND INFORMATION The City plans to issue up to $12,000,000 in Combination Tax and Solid Waste Revenue Certificates of Obligation during the first quarter of fiscal year 2008 -2009. The landfill projects expected to be funded by the certificates will include the paying of contractual obligations to be incurred by the City with respect to the City's solid waste facilities, including, without limitation, paying contractual obligations to be incurred with respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 20 and Farm Road 2444, for the construction of municipal landfill waste disposal cells, internal roadways and pavement, cover systems, gas collection systems, equipment, drainage facilities, maintenance facilities, extension of the leachate collection and management system, liners, environmental monitoring equipment, and other improvements necessary to operate the landfill, and improvements to the J. C. Elliott landfill in the vicinity of State Highway 286 (Chapman Ranch Road) and State Highway 357 (Saratoga Boulevard) including construction of final cover systems, gas management system, ground water monitoring, transfer station improvements and equipment, scalehouse building improvements, and other improvements necessary to operate said facility, and the payment of fiscal, engineering and legal fees incurred in connection therewith. The City has included funding for these certificates in the fiscal year 2008 -2009 operating budget. The solid waste fees included in the fiscal year 2008 -2009 operating budget are anticipated to generate sufficient revenues to fund these certificates. —188— A RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, DIRECTING PUBLICATION OF NOTICE OF INTENTION TO ISSUE COMBINATION TAX AND REVENUE CERTIFICATES OF OBLIGATION, FOR IMPROVEMENTS TO THE CITY'S SOLID WASTE FACILITIES; AUTHORIZING CITY MANAGER TO RETAIN SERVICES OF M. E. ALLISON & CO., INC. AS FINANCIAL ADVISOR, AND MCCALL, PARKHURST & HORTON, L.L.P. AS BOND COUNSEL; AND RESOLVING OTHER MATTERS RELATING TO THE SUBJECT WHEREAS, the City of Corpus Christi (the "City") expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described in Exhibit A to this Resolution prior to the issuance of the Certificates of Obligation hereinafter described; and WHEREAS, the City Council hereby finds, considers and declares that the reimbursement of' the payment by the City of such expenditures will be appropriate and consistent with the lawful objectives of the City and, as such, chooses to declare its intention, in accordance with the provisions of' Section 1.150 -2 of the U.S. Treasury Regulations, to reimburse itself for such payments at such time as it issues the hereinafter described Certificates of Obligation; and WHEREAS, it is hereby officially found and determined that the meeting at which this Resolution was considered was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Chapter 551, Texas Government Code. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1. That attached hereto and marked "Exhibit A" is a form of notice, the form and substance of which are hereby passed and approved. Section 2. That the City Manager shall cause said notice to be published, in substantially the form attached hereto, in the Corpus Christi Caller- Times, a newspaper of general circulation in the City of Corpus Christi, Texas, for two consecutive weeks, the date of' the first publication to be before the thirtieth day before the day tentatively proposed for authorizing the issuance of the Certificates of Obligation as shown in said notice. Section 3. That the City Manager is hereby authorized to retain the services of M. E. Allison & Co., Inc. as Financial Advisor, and McCall, Parkhurst & Horton L.L.P. as Bond Counsel, in connection with the issuance and sale of the proposed Certificates of Obligation. A copy of their fee schedules is attached as "Exhibit B" and "Exhibit C" respectively. —189— Section 4. That the facilities and improvements to be financed with proceeds from the proposed Certificates of Obligation are to be used for the purposes described in the attached Notice of Intention. Section 5. That all costs to be reimbursed pursuant to this Resolution will be capital expenditures; the proposed Certificates of Obligation shall be issued within 18 months of the later of (i) the date the expenditures are paid or (ii) the date on which the property, with respect to which such expenditures were made, is placed in service; and the foregoing notwithstanding, the Certificates of Obligation will not be issued pursuant to this Resolution on a date that is more than three years after the date any expenditure which is to be reimbursed is paid. Section 6. That all resolutions or parts thereof in conflict herewith are hereby repealed. PASSED AND APPROVED this the 22nd day of July, 2008. Mayor, City of Corpus Christi, Texas A 11 EST: City Secretary, City of Corpus Christi, Texas APPROVED THIS THE 11 DAY OF JULY, 2008: MARY KAY FISCHER, CITY ATTORNEY 3 : es° ft si sia G+m oes Ci:+5 —190— 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 —191— EXHIBIT A NOTICE OF INTENTION TO ISSUE CERTIFICATES OF OBLIGATION NOTICE IS HEREBY GIVEN that it is the intention of the City Council of the City of Corpus Christi, Texas, to issue one or more series of the interest bearing certificates of obligation of the City to be entitled "City of Corpus Christi, Texas Combination Tax and Solid Waste Revenue Certificates of Obligation ", for the purpose of paying contractual obligations to be incurred by the City with respect to the City's solid waste facilities, to -wit, the construction of improvements to the City's solid waste facilities, including, without limitation, paying contractual obligations to be incurred with respect to the development of the Cefe Valenzuela landfill in the vicinity of County Road 20 and Farm Road 2444, for the construction of municipal landfill waste disposal cells, internal roadways and pavement, cover systems, gas collection systems, equipment, drainage facilities, maintenance facilities, extension of the leachate collection and management system, liners, environmental monitoring equipment, and other improvements necessary to operate the landfill, and improvements to the J. C. Elliott landfill in the vicinity of State Highway 286 (Chapman Ranch Road) and State Highway 357 (Saratoga Boulevard) including construction of final cover systems, gas management system, ground water monitoring, transfer station improvements and equipment, scalehouse building improvements, internal roadways and pavement, and other improvements necessary to operate said facility, and the payment of fiscal, engineering and legal fees incurred in connection therewith. The City Council tentatively proposes to authorize the issuance of' said series (one or more) of Certificates of Obligation at its regular meeting place in the City Hall at a meeting to commence at 10:00 a.m., on the 9th day of September, 2008. The maximum amount of Certificates of Obligation indebtedness that may be authorized to be sold on said date for such purposes described above is $12,000,000. The City Council presently proposes to provide for payment of said series (one or more) of Certificates of' Obligation from the levy of taxes and from surplus revenues derived from the operation of the City's solid waste system. CITY OF CORPUS CHRISTI, TEXAS /s/ Henry Garrett Mayor —192— THE STATE OF TEXAS COUNTIES OF NUECES AND SAN PATRICIO : CITY OF CORPUS CHRISTI I, the undersigned, City Secretary of the City of Corpus Christi, Texas, do hereby certify that the above and foregoing is a true, full and correct copy of a resolution passed by the City Council of the City of Corpus Christi, Texas (and of the minutes pertaining thereto) on the 22nd day of July, 2008, authorizing the publication of notice of intent to issue Combination Tax and Solid Waste Revenue Certificates of Obligation, which resolution is duly of record in the minutes of said City Council, and said meeting was open to the public, and public notice of the time, place and purpose of said meeting was given, all as required by Texas Govemment Code, Chapter 551. EXECUTED UNDER MY HAND AND SEAL of said City, this the 22nd day of July, 2008. (SEAL) City Secretary, City of Corpus Christi, Texas —193— INVLUTMCNT BANKS*$ FINANCIAL ADVISORY FEE SCHEDULE GENERAL OBLIGATION NOTES And Not Maass Maths $ $ 250,000 .$7,500plus $20.00 per $1,000 for all over $190,000 250,000 350,000 ‘$9,500 plus $10.00 par $1,000 for ell over $250,000 350,000 500,000 110 ,500 plus $8.00 pee SLOGS for all over $350,000 500,000 700,000 $11,700 plus $7.00 per $1,000 for all over $500,000 700,000 1,000,000 $13,100 plus $6.00 per $1,000 for all over $700,000 1,000,000 1,500,000 $14,900 plus $5.00 per $1,000 for all over $1,000,000 1,500,000 5,000,000 $17,400 plus $3.00 per $1,000 for all over $1,500,000 5,000,000 10,000,000 $27,900 plus $1.65 pa31,000 for all.ova $5,000,000 10,000,000 20,000,000 $36,150plus $1.00 per $1,000 for all over $10,000,000 20,000,000 No Limit $46,150 plus $0.85 per $1,000 for all over $20,000,000 REVENUE BONDS AND COMBINATION TAX AND REVENUE CERTIFICATES OF . OBLIGATION In the event the Bonds to be issued am Revenue Bonds or Combination Tax and Revenue • Certifiates•of Obligation, ReRrnding or Lase Purchsee, the fee shatI be the amount computed. from the above schedule plus 2554. EXHIBIT B -194- LAW OFFICES MCCALL, PARKHURST & HORTON L.L.P. 600 CONGRESS AVENUE 717 NORTH HARWOOD SUITE 1800 SUITE 900 AUSTIN, TEXAS 78701 -9248 DALLAS, TEXAS 75201-8587 TELEPHONE: 512 47154505 TEtEPHON2: 214 784.0200 FM:5INI W 214754 -8250 FAC5INILL: 512 472 -0571 July 14, 2008 700 N. ST. MART'S STREET SUITE 1525 SAN ANTONIO, TEXAS 78205 -3503 TELEPHONE: 210 225. 2500 FAcSINE2: 210 225.2554 Ms. Lisa Aguilar City of Corpus Christi Law Department 1201 Leopard Corpus Christi, Texas 78401 Re: City of Corpus Christi, Texas Certificates of Obligation, Series 2008 Dear Lisa: By this letter, I wish to confirm our fee schedule for the issuance of the captioned Certificates of Obligation, currently proposed to be issued in the aggregate principal amount of $12,000,000. The fee schedule is calculated on the following formula: $5,000 for the first $1 million in principal amount of the obligations, and $1.00 per $1,000 in principal amount of the obligations in excess of $1, 000, 000, contingent on the delivery of the obligations. For a $12,000,000 certificate of obligation issue, the fee would be $16,000, $5,000 for the first $1,000,000 and $11,000 for the balance of the principal amount of the Certificates of Obligation ($11,000,000 /1,000 = $11,000). In addition, our out -of- pocket expenses incurred at your request will be billed upon the delivery of the obligations. If you have any questions regarding this matter, please do not hesitate to contact me. Very truly yours, McC • T & HORTON L.L.P. s 11' A. Leuschel EXHIBIT C —195— 21 AGENDA MEMORANDUM July 22, 2008 SUBJECT: Debris Management: Clearing, Removal and Disposal /Hazardous Wastes Post Hurricane /Disaster Recovery Operations (Project No. 90042) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a contract in the amount of $65,580,930.00 to be activated only in the event of a hurricane or other disaster with DRC Emergency, LLC of Mobile, Alabama for Post Hurricane Recovery Operations Debris Clearing, Removal and Disposal Services (Base Bid A, Base Bid B — Clearing, Removal and Disposal, and Base Bid C Collection, Characterization, Packaging Transportation and Disposal of Hazardous Wastes). ISSUE: Pre - positioned, competitively -bid contracts that are ready to activate are necessary to minimize recovery time and expenses as a result of post hurricane /disaster recovery operations. RECOMMENDATION: Approval of the motion as presented. Kevin R. Stowers Interim Director - Engineering Services Exhibit A - Background Information Exhibit B - Bid Tabulation Exhibit C - Map —1 9 9— ADDITIONAL INFORMATION SUBJECT: Debris Management: Clearing, Removal and Disposal Post - Hurricane /Disaster Recovery Operations BACKGROUND: In order to expedite post- hurricane recovery operations and maximize reimbursement from various disaster relief funds and insurance policies, it is essential that necessary plans and contracts be developed, in place and ready to activate for rapid recovery response and to provide proper documentation to support reimbursement requests from emergency funds. A hurricane or other major disaster will result in a dramatic increase in City workloads. The City will be required to continue normal operations while mobilizing all available resources to conduct an effective and efficient disaster recovery operation. Therefore, it is to the City's advantage to identify, contract and preposition the contract services that will be required to undertake recovery efforts. The City of Corpus Christi has maintained such contracts for the past ten years. FEMA advocates the establishment of such pre - positioned contracts. Rates established by competitive bids prior to a major emergency are less subject to FEMA review during the reimbursement process. ALTERNATIVES: Examination of recovery operations indicates that pre - positioning contracts is the only viable method to: • minimize recovery time; and • assure maximum recovery of expenditures from FEMA. Contract Descriptions: The contract requires the contractor to perform three major tasks. These tasks are: • initial roadway debris clearing (Bid A); • removal and disposal services (Bid B); • collection, characterization, packaging, transportation and disposal of hazardous wastes (Bid C). The first task is the initial emergency roadway debris clearing that will occur in the first 72 hours following a major hurricane or other disaster. The emergency roadway clearing will consist of pushing debris to the roadside to open streets to emergency services and recovery operations. The second task is the collection and removal of debris from public rights -of -way to one of three Temporary Debris Storage and Reduction Sites (TDSRS) that will be opened and operated by the contractor. The three TDSRS locations are: • Waldron Field (Site A); —200— EXHIBIT "A" Page 1 of 4 • Cabaniss Field (Site B); and • City owned property adjoining Corpus Christi International Airport (Site C) The third task provides for the contractor to collect, characterize, package, transport and properly dispose of hazardous wastes. A hazardous waste collection site will be located at each activated debris collection and reduction site. The contractor will also collect any identified hazardous wastes located with City rights of ways and other City owned property. A Memorandum of Understanding was executed in July, 1999, to permit use of Cabaniss and Waldron Fields in case of a hurricane or other disaster. The agreement has not expiration date and remains in effect until terminated. The current base command staff has been advised of the contract and that it is active for the current hurricane season. The agreement is on file in the City Secretary's vault and Engineering Services files. An environmental review of the sites was completed in 1999 and the three sites were found compatible with the intended use. The contract provides for the Contractor to conduct a background environmental assessment of each site upon activation and to restore the site upon termination of operations. These sites will be for the exclusive use of the contractor to facilitate debris removal and reduction. The public and private haulers removing debris will be directed to the J. C. Elliott Solid Waste Transfer Station. PRIOR COUNCIL ACTION: February 19, 2008 - Motion authorizing City Manager, or his designee, to execute a contract with HRD Engineering, Inc., of Corpus Christi, Texas in the amount of $88,500 for consulting services associated with Pre - Planning of Emergency Recovery Operations (M2008 -039). Contract Information: The contractor is required to provide adequate financial performance guarantee, insurance certifications, and participate in an annual prepared- ness exercise. Unless the contract is activated, no compensation is provided. The contract is for one year with renewal for up to four (4) additional one -year terms through a re- certification process. The five -year term was deemed necessary to provide incentive for contractors to bid on the contract which contains an inflation adjustment based on the construction cost index as reported in Engineering News Record. Qualification Information: Contractor qualification was required as part of the bid process. The qualification was designed to assure that bidders were financially (and otherwise) capable of undertaking the contract. Seven contractors submitted bid proposals. Bid Information: The project proposal assumed a storm producing 5,000,000 CY of debris to be collected and reduced within 360 calendar days. Bids were evaluated based on a lump sum Base Bid only. Actual payment will be based on unit quantities. The bid evaluation process allows the City to award the bids separately or together as deemed —201— EXHIBIT "A" Page 2 of 4 most advantgous to the City. Seven bids were received and opened June 25, 2008. Two bids were received after the deadline for bid opening and were returned unopened. The bid tabulation is attached. See Exhibit B. Bids (A, B & C) ranged between $62,030,174.30 and $82,331,694.00. Staff instructed the City's consultant to offer each responding firm the opportunity to submit supplemental information to clarify their qualifications. This was done as the material submitted by several firms required clarification to determine whether they met qualifications. Each firm was then re- ranked based on the original and supplemental material submitted. The apparent low bidder (Crowder Disaster Recovery of Tallahassee, Florida) was deemed least qualified of the seven responding firms. They ranked last in terms of experience and qualifications. They were also deemed to not meet the minimum requirements in terms of qualifications, financial capacity, or line of credit by the City's consultant (HDR Engineering). Their overall capabilities in critical areas such as major contracting experience, staffing, availability, sub - consultant resources, equipment ownership, and availability of equipment were significantly less than the other responding firms resulting in Crowder being ranked last in those criteria. Bid evaluation determined that it would be most advantageous to award Base Bid A, B and C as a single contract as this would result in only one mobilization and simplify contract management. None of the responding firms could offer Base Bid C as a stand alone contract based upon their bids. The qualified firm offering the low bid of $65,580,930 was DRC Emergency, LLC of Mobile, Alabama. IMPLEMENTATION: The contract implementation will be by phases dependent on the severity of the storm or disaster. The implementation phases and required Council Actions are: Activation: City personnel and Contractor will receive activation notification approximately 24 to 36 hours in advance of landfall. This will result in the Contractor having a small management team arrive in the City prior to landfall of the hurricane. The Contractor will use their private corporate aircraft or drive to Corpus Christi in the event of severe weather. They have agreed that under either circumstance that their management team will arrive within 14 hours of notification. Initial Assessment/Recovery: City personnel and Damage Assessment Teams will conduct an initial assessment to determine the degree of damage and required response level. The Contractor will activate the level of response directed by the Mayor /City Manager based on the damage assessment. This will require an obligation of funding on a month to month basis as the cleanup progresses. Initial funding would be provided by appropriation of General Fund Reserve Funds, and the fund balances of other Funds. It is likely that an appropriation of the unappropriated General Fund Balance and the unappropriated Combined Utility Fund Balance will be required in the event of even a moderately severe storm or —202— EXHIBIT "A" Page 3 of 4 disaster. Continuing Operations: Clearing and debris reduction /disposal operations are likely to extend from six months to as much as year in case of a moderately severe hurricane. Use of the Choke Canyon Fund, Trust Funds, and other sources may be ultimately required in the event of a such a storm. In such an event, the Council would be requested to authorize or approve: • the transfer of required funds; • appropriation of funds for use; and • a resolution to repay the originating fund source. Additionally, it may be necessary for the Council to authorize certificates of obligation or other debt instruments. The Council will have the option of reviewing funding alternatives and the required authorizations on a month to month basis as recovery operations progress. Funding: No expenditure of funds will be required unless the contract is activated due to a hurricane or major disaster. Although the City will be required to initially fund the recovery as previously described, primary funding for the contract will ultimately come from payments by insurance companies for damage to insured City facilities and FEMA reimbursements. However, the maximum FEMA reimbursement is 75% of the eligible expenditures. NOTE: Since this is a contingency contract that will only be activated after an "emergency" is declared and "emergency powers" are invoked, the Legal Department has determined that certification of current funds availability is not required at this time (Art. IV, Sec. 9, City Charter). Bid Recommendation: Staff recommends approval of the motion as presented. EXHIBIT "A" I Page 4 of 4 —203— Ia1 888 K' R -204- °S8 Elk 0 Po€ 4: 888 .R8 £5 0 ys w., Lana u wN.r. ik 7M1 8 8 8 8 » 8 w A 8 „ 8 8 A 8 » 8 «» x S ° S 8° » 0 8 A 8 n S 8 8 a 51,400.00 8. w R 8° w«» k„ $ 8 8 „ 8 S 8 „ 8 8 8 8 8 T. 8 8 8$ 8 8 8 w 8 8 « F 3 8 8€ & E fi 8 m 3 8 $; 8 8 8 8 8 m 8 8 8 8 § 8 8 R. 8.l 8 S 8 8 8. 0 8 o H 8 w T, $ R$ d 8 C! 8 n. .R 8° g 8 E. 9 R 2 8 8. 8 8 8 8 8 8 8 S 8 8, 8 8 8 8 x' 8 o 8 8 8 a . 8 8 8 E 8 « 8 a 8 3 8 8 512.94000 15.91600 18,320.00 11,636 00 8 8 8 a 8 W R 8$ li R » R 8 2 8 4 2 R 8. c a?, 8 8 « 8 8 ° 8 8 g 3 8 R 4 8 °8 R' 8 0 R 8 & 3 8 8 S 8 p 8. 8 8 8 ° 8 B l x x 8 8$ °k S„ 8 8 8 E 8 S S„ 8 e 1i$ 5 III 8 8 8 8 » 8 8 8 _ $ g p 8 P. N « g „ F., 8 8 8 » » « » y t 8 8 A» 8 8 S$ 8 8 8 8 8 8 8 S 8 S W 8 8 8 8 8 m B I S N S 8 8« S F A q w w 8 S„ g A„ 8$„ i t s a 3 qiqss 3 Q gg 8 33 S $, i S 8. 8 A 3 514,000.00 W „ « 8 8 - 8 8 8 R 3 ° S w 8 d 8» 8 8 o e m« x x 8 8 8$ 8. 8 p p . S« S ., « E^ $ $ 8° 8$ ° w 8. . w 8 8 . ^ w $ « „ » ° $ 8 8 $ a 33 8 8 k 8 A 8 8 ° S 8 8 8 8° R R 55.250.00 110.15000 18,400.00 11050.00 59,100.00 59,45000 8 G 8 S 8 8 S 8 8 88 8 8 8. $ aaa 3 a ■■ CR 1111 li IN n Q iQ F 0 e< gg 3 36 la g1 3 a g y CV Z Z y Z � x Z Z i € x Z Z Z 1 yK -p' Z `= 2 Z ii 8 Bp El u= 8. !II C 03 6m'_ Ili' g°ma- ^ ^ pg ^ m ^ ^ p ^ ^ ^ ^ ^ ^ ^ ^ P. ^ n Per epeancaoom, pr noar al Curtain Roladory anther/M/4 induano puPmen'f +Ili rind labor. es per spedsan0rn• Per Maur Bobcat Loader. Including equipment err, 1886r/ .9 p 1 $811,8 -oFo3 $ °6°•o-. urg'R =t z8°a I'"5 §88?��S�G :p i ¢ ;, 12 =e — °8;' 5g n�8 s 8I z' LQ- G e. equipment en01900, as per ewnnweu,.. 1m na. Grew Foreman w/Cell Phone and Pickup. Including s :° % o S_ 8:a BE�E$E$ v is o ^°g8$8 ::sc- E ( S$: Ili £° E 8_ i=1 Tic a 8a .Eto 8 F 8g o° E. 8_ is E "E1 B11 o: and labor, as per epe0ncanons. per now Dose., Tracked. DO or simper, Including equipment and labor. as par spedflcslions, per Hour Dump Tuck, 16 CY -20 CY. including equipment and labor, as • -r atoms, Heur • Dump Truck. 21 CY -30 CY. Including equipment and labor. as • +e• - tlgcatan.. • -r Hour Generator and Lighting, including equipment and labor. as • re..Pinatas. • rlfnur Grande 80/12' Blade. Including equipment and labor. e•.dnunens. •.r How Hydraulic E.wralm, 1.5 CY. including .ulpnent en labor, as • . r s. -Ogallala • er Hour Hydraulic Excavator. 2.5 CY, including equipment an labor. as • -r melons. • -r Hour Omgeq.pmene • as pen specifications, pen H Hour 8.k _-- 5 7 anif 1 2 4 2 p G Q y « m m ^ m 4 4 S a 3< a c Ll� , : - 8818 °g tg8 § =� Nip a g8 kg 8 R a 8 8^ S$ 8 8 2 : 8 a a 8 "§ 8 S 8 r 9. 8 8 8 g 8 S W 8 a S 8 8 3 8 g S 8 g S 8 g $ 8 2 3 8 s 8 °s « 8 2 w 8! 2 S q gs 8 8 8 8 8 8 8 8 8 8 8 8 8 8 6$ 8 8 3 8 8 8 2 8 8 8 8 8 awes lmYaw.atl I cups plats Rama, lamas ]tll N.anN an Odd MM. &lady.. PM, ma said L W ma4 FL Itin TOTALS 1 TOTALS 1 888 glib !re, A R $8 !tun a-2 8 « 8° g 3 a 8 a 4 8 2_ 5 8 8 " 8 2' 8 8 S 8 S 8 a 8 s q 52,240.00 8 2 3 8 g DI 8 m S 8 g S 8 2 S 8 S a 8 s s 8 a W 8 2 a 8 8 s§, a$ 8 8 8 8 8 8 8 8, 8 % 8 8 8, 8 8 8 «« 8 8 8 w 8 8 8 e 8 g a» 8 8 2 8 8 2 8 8 s» 8 8 y "a 8 2 8 8 m 8 g w 8 R w S 3. 2 i3 " w « 2 8 F. 8 2 8 2 w $ 2 8$ I w 8 w 8. « TOTALS 8888 00p82 FIVE 8 g S 8 p$ 8 8 8 g .. 8 8 8 8 » 8, 8 2 S 8 8 li 8 » 8 n » 8. n tt 8 8 3 8 8 S 8 8 p 8 °g S� 8 8 a g R 8 ° 9 8 8 n S 8 °m, m 8% 8 8 8 8 8 8 8 8 8 8 8 8 8 % 8 8 8 8 8 aE si TOTALS 8888 FAR1 a..12. 6 8 8 9 2 8 8 4 8 ., 8 8, "4 8 A S ° 8 14 8 8 1Y 8 °' 4 8%° 8 8 3 8 $ 8 § x 8 8 7 8 8 B 8 8 lY 8 8 °ii 8 8 '$ 8 8 8 8 • 8 8 a 8 8 E 8 8 a 8 8 8 8 8 8 8 8 8% 8 8 8 8 8 8 8 8 8 8 8 8 8 ijjSF jt a a iii ~ 8818 Egzg2 8 8 8 g§ n 8 514,000.00 8 a 8 8 8 8 8 8 8 m 8 2 8 2§ n 8 8 _ — 52.450.00 8 g. 8 2 8 2 8 §§ 8 ^ 8 s§ ^ 8 8 g M a a 8 8 8 8 2 o 2 8 2 8 2 8 2 8 a 8 « 8 o 8 s % 2 8 w 8 - 8 w % w Ain arm 440 • 4Ynn Ave Pompano Mac FL IN01 88 3 E" " 8 1 8 F. a$» 8 e 8 § 8 p 8 § a ° s a 8 8 x 8 8 N» 8 a 55,400.00 8 s 8 8 2 3 8 8 a 8 8 8 »« 8 8 8 2 S 0O002'IL$ 8 „ :� 8 S ° 8. 8 8 8 S S 8 8 BB C- HTRW SERVICES x x S x x x x S x 1 1 x x 1 x 1 x x 2 x 2 (g6gx On CtC q�y3s CIt g id!8`g$gi k$ 8 TOTAL SASE BID SORPTION for SEPARATE CONTRACT AWARD I08 BB CLEARING RVI 1 B - DEBRIS REMOVAL& SE DISPOSCES AL SERVICES Ip o° ^ ^ n ^ P. n n n n n n P. x° 9 Laborer Small tools, Traffic Control, Reg Person per Heur t 3$ a. 8ES -op °$gig 8liiil : �yi- : 11 a� $ Operations Menage, w/COII Phone and Pickup. per Hour : sx X00 € €x$ rg$} °IP -. H1 1g L g$gsgy § ISaU Compactor 51 HP., Including egSpmed end `lobed. as per aped0ugatn, POr Moor I g �sflr_ 30$ age` P $81:r g8iJ Y ° s :8 »s €: g"i =4 1g g8 S3 & rt €s` €. 2 Tree Climber w/C.alnsaw, Including equipment and lateen per sped0caeons, per Hour Truck, flatbed. Intruding ngSqnenr and robot. as per epdnceumv, per Hour a go 9A ti 8 ;I g`a 1 :: Waste Collodion Rear Loader Truck, Including equipment and labor, as per spedOc.fcas, per Hon WNn Truck, Including equipment and labor, as per specifications, per Hour wneel Loader, 2.5 CY, 950 or similar. Including equipment end labor, as per specifications, per How W reel Loader, 3.5 -4.0 CY, 900 or similar, Including eqipmont and labor, M Pot apedeaeen, Per Hour I 'Wheel Loader, 4.5 CY, 950 el similar, Including ' eqdOment and labor, as per spedOca9mu. per Hour Wheel Lo.der-BadMa, 1.0 -1.5 CY, including equlpmeM and labor, n pin specifications. per Hour g — ad .. ms o lict A .2 2 < n°d 2 2 2 7 2 2 2 a 2 2. a 2 2 a < 8 » 8 $ 3 8y 3 y 3 8 8 g » 8 $$ »g �Ma 8 8Q 8 q8q S, 8 8 p 85 g. » 8 8 3 „ » 2 8 .3 „ 8 a 8 o 8 00 005'69 00•5173 1 00'95 0005 I p8, s M r m 3 k g Si 8 R 8 888 a5 8 $ 8 8 8 § g 8 8 8 s 8888 8888 Vie« 8 $ » 8 a 8 8 s 8 8 g a 8 8$ B 8 i « 3 s. as 8 R g m R 3 s 8 °s. e 8888 s8gg «x« 8 G S o a s 8 s it 8 � „ 8 a s 8, » 8 g 8 . N & 8 a 8 » a $8 $ 5000 8 8 s 8 « 88 88 « 8 8 ° 51.77 54.425,000.00 5149 50 725 000.00 8 8 e_ a 8 8 8 « 8 g s » 8 $ 8 8 � 3 8 » 8 a 8 p 8 s s 8$8 ° „ 8 8 $ 8 g a $ 8 3 8 8 8 X a 8888 88§8 Z9» 8 8 F 8 g 8 a g 8 r 52.24 55.600.000.00 _51.12 12,600,000.00 88 81 „ � S R 888 8� 8 „ 8 § 8 8 a 8 ea 8888 582.500.00, 1185.00 592,500.00 548.75000 5275.00 588,750.00 8 g 8 8 3 8 g g „ „ 8 a 8 SY g g 8 8 8 8 0. S A » » $ 88 g u A . 5 a a » 8 « 90'000'45 00'055 g s. ° 0 w r N S » AMOUNT i i a 8 a 8 » gs s 8 g g 3 8, s 8 a 8 8 g » 8 s 8° a e » s C[ i § g N $ $ 3 !, „ » ».$ 8 U U G 666 3 U V >. W W _ 8 8 03 Qp S ? o° sn° g ° 8 8° R e ii ii - , n Ymcesenp aim.pn ePO°nuuwn. ae.inns. pickup of HRndous Waste and TnnspoNlien to y Pltlwp of Helardous Waele and Tr.n.pml.non M Processing Site. per spedflcationa. per 11 to 20.9 miles 105: OtIrlt05 fle5OVAL s llJroa0. Pharr b Pickupdstd. From Public Properly m maintained Public Right* of Way end haul l0 • 0885 8100 1IN11 wu m unµon rwuq Pickup from Pudic PtopaM or maintained Rghts of iy F6 pj !PI e ill 2 441 6311 ? �' nay 6 PPOIPP re fife One ewe! {voefnof mow., Pickup from Public Property Of maintain Rights of Way and haul to • dlsIgnaled TEAR ele Or deposal Facility 21 to 30 miles away (one-way miles), per Cublc Yartl • Per specifications. (See NOTE 1 E g o 4 g �Ea EL n c. t Caa. §$'`ittaV E; 9g �S °g S NK { o E =a • 2m °Ban Na E €o 20 ep 0 1 f8 l'y yi oSH 2 HOW oLL34? gmithH^8 sn't- H 8 a —.p 8oe; yy m58 59Cl mm i m rip e x6n em m 3 'u u 4 m m m m Y 'm '��m m m 2 m `m ° i 88'8 m »z88 i El » i -r = tE Nest IA vonnner 74 Ps 44en ins inineennalitelenalleenn TOTALS 8888 ES I» 2 m ° '' 888 8 n 888 $CA 8 8 8 8 .. 8 » 5 $ d w8. ., 8 .+ 888 » N 888, Nm 888 �JI» 8 8 p 8 `mry�' 8 8 8 itt 8 888 ^8q8y Iii 1 I» SS TOTALS 5584,559.00 53,047,800.00 J15111,952.00 74.751 ,591.00 p8 Q8Q8 '" 8888g n n 8 A 8 » 8 '" 8 x 8° 8 » 1 5112.800.00 'I 515.000.00' g • 8 a N 888 il » 888 aa» 8 8 8 8 8 d 8° 3 !Y $ & 8 3 8 888 8» €yy ;e f' TOTALS 88 8^ ^» c 10&00 •1 x,050,858.00 8 5520.00 I 5592.00 II 8 R 8 00 Ogts 8 8 3 8 r 8 8 8 8 Lf 8 8 51,250.00 8 888 5 8 9 ft 8 $ m o w °88 888 NU 8 S A 8 8 » 888 A8 1a ` Epa S ^4 988 0 8888 R88$ 141^ »8 888 .88 8 8 5580.00 8000.00 8 8 8, » 8 S 8 8 S 8 8 S. s 8 8 8 8 888 p8p w 6 88 n 888 as 8 s 8 R s, $s, b g a ss a. s Q888 5g� Da EnlorprIsas. Int. MN la Road 10 Auburn. Al NUS TOTALS 88'8 m tlm 8 A 88 8 a CO it 4 g 4..e °p ait 8888 698 1 3 $ n 8 R °8 9» 888 R88 8, .. 8 n 8 8 8 8 S 8 8 4 888 »88 1 g Egg nii 6 6 6 6 w 6 1 369 1 TOTAL SASE SID OESCRIPTI0N for SEPARATE CONTRACT AWARD 1013013 A' DEBRIS CLEARING SERVICES — I B- DEBRIS REMOVAL 5 DISPOSAL SERVICES J w U W 0 i :E ggg liC 8i »E�Jy' x3 C Q P E �6 g [ i 6 Di E6 L 8mn �mm 8 m m g,n° . =m 8 $ ve E` ; 8 e 3° F ��U lig x 1-3 ? a` = g Hy e J I �� AEGAnNII W v0 Assisltenl Field Enact Supervisor 8 gg I. 6c E a _8 xa '? 11 Lo 3� �f 88 o il it e'6 � „a agS 0 8 ii 3� 7� i o$ as m p E $R RF 3F El liquid Waste Disposal. 85 gallon dmm deposed tieing Injection method, as pet spedfatlom, per Rath. Eg 8'! j�5 w a 8! §E Nfr Pp 8 Er Fi 30 7 W 11001E Waste Disposal. 2.500-Galion Vacuum Tuck ngnnan using recd dl method disposal, par Earth. O9uid Waste Disposal, 2,800 -Gallen Vacuum Tuck pera5ons nog lndnenden metlo0 disposal, Per Eaek e`8 m» gi Er PA oo qe li!"/ ; Eli h1 I-S E]}8 IDog 018 Manifest prepatatlon Subtotal Base Bid C' Ntean C1 through C18) f u e y8U 568 V 59 ti 0 U ry U 1.0' �mm UVS 5e File : \ Mproject \councilexhibits \exh90042.dwg LOCATION MAP NOT TO SCALE CITY PROJECT No. 90042 DEBRIS MANAGEEMENT: CLEARING REMOVAL AND DISPOSAL/ HAZARDOUS WASTES POST HURRICANE /DISASTER RECOVERY OPERATIONS -209- EXHIBIT "C" CITY COUNCIL EXHIBIT DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 04TF: 07 -11 -2008 C C 22 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 ls` 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 —213— 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. —214— 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 $654,740,297 and estimated revenues amounting to $648,2447936 $648,485,649 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:\LEG -DI R\Lisa\2008 ORDINANCES \FY08 -09 B udgetv2.d oc —215— 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. H:'LEG- DIR\Lisat2008 ORDINANCES'FYOB -09 Budgetv2.doc —216— That the foregoing ordinance was read for the first time and passed to its second reading on this the 1c 441 day of Jt t, , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly y� 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 Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: July 16, 2008 By: Lisa Aguilar Assistant City Attorney For City Attorney John E. Marez Nelda Martinez Michael McCutchon day of , 2008. Henry Garrett Mayor —217— 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. —218— That the foregoing ordin fir ce was read for the ,t time and passed to its second reading on this the %, day of 94 , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper _QQ 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 Melody Cooper Larry Elizondo, Sr. Mike Hummell 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: July 8, 2008 By: Lisa Aguilar Assistant City Attorney For City Attorney Henry Garrett Mayor —219— 600Z LT:4DarlEi CIASOdffild us 'no snchoD Jo AID 0 \00 en 0" 0 N el Cr) 00 0 w q G § 2 % at 0 0 k 00 q« 00 02 N« kr)/ q« o« 8 - 0 0 iffC N n 7 6 q 0 0 0 N 6R en 0 0 m 0 0 � III CSC r M 69 0 69 Net Adjustments O' H O on 0 4 1.)''' 00 0 - 73 a -) N o'' o 0 4 —) 0 'C3 0 ct o 'b U O s. cn I IIII y - - 0 0'3' z Y 0 r" 0 0 � N O ct en w 0 0 0 0 z General Fund 0 u) rn O 7 O m a) a � w 0 E o 0 wc>a U 05 a) Q8 0 0 N 7 7 O • S O • 0 y 7 U_ t Q 0 n (0 O O N w U M M M (NO M 69 69- Paying 100% of Fe N CO Paying Reduced Fees O CD CD Q M IN m 0 8 (O co M I� Co r. ▪ 00 pp co a0 M .- N R 1') (n en (n (n w (n en Cost to Administer Program Budget Shortfall 4 c a) 0 T _ o 0 8 7 TD N N g d CC N a) 8 c o 7 N Q N w -O N N '.UQ 0 0 N N X a) d N LL LL 'j ` g �c �c Q U {L T r a s ct • N d N CO C- N '� p p a) U- Z o LL Q_ o XI 5p O U • O N U LL VO) VO) O (0 0) 0 7 d d tiLd LgixUaB 0 0 M M to to N N Projected Fund Balance @a, 7/31/2009 % d + -I w,7rrc wrl d %,z % ,» cl ? y :y,0 A :1 —,(21 en to ''1 & y en Oc N 00 : ,r'1 : . , - -I dd w w O N 7 o « e » / 3 N » «\« \ � <( ƒ O -'.coc N0 CNC k Budget Expenditut Itn » 0 tri \00ty \ N 0N Nw rC % 228,638,6 ƒ / cN0 0 / \ m Bud teve 0 Kd?w / \ w w \ wdd,CA K A © \ 7t 00 CA w�R o 30- in co Projected F Balance (a8/0" c -1cl.d % - d w\.t 2 72,75 �<W Water Fund(4010) Choke Canyon Fund (4050) Gas Fund (413 0) Wastewater Fund (4200) Stoma Water Fund (4300), Airport Fund (4610) Golf Center Fund (4690) Marina Fund (4700), Total Enterprise Funds Projected Fund Balance (ra 7/31/2009 VD N'. M • --1 M O :.7 ,--1 OOO MM: On O ::VD. vl oo <Y ::N C W V1:.7 01 ti0 M N O ---1 N co \D: Vl M: M N M 1:.:: N7 .--i:: 4 N --i in co VD VD 43,953,514 1 Budget Expenditures V CI C 0 0 W N 00 .4 �: I r.:: . h GO W e.- M 0 Go 0 1"--;„ 0 N I r. tr. N 1- ,N. 00 e M N .9 :„ ti Of 00 Budget Revenues 01 b^ d O\ 78 O YJ V1 O■ G : O N O N 00g M ',6 co W Ni h O V N:- O\ N m b: M t--- N vi 00 . d" O\ r. � O N V r. , O in c O O P C- Projected Fund Balance Cd, 8/01/2008 C V CI N N 0\\ V - M N 0 0O N:: N. M V — h \0 Or)) O N O0\ O\ O\:: W N- V 0\\ m 0 `'O 43 r. N m krc ti O 0 In Q z W Stores Fund (5 010) Maintenance Srvcs Fund', (5110) Municipal Info; System (5210) Engineering Srvcs Fund (5310) T,iab /1 mn Benefits FTealth(5610 Projected Fund Balance W, 7/31/2009 0%, — 0 00 N: V N W M : ,�. N CO — '0 N �: 0A N: <p N.� N r.: O 00 0. M 1- 0 0 O :OX: W cn O■ : 0\. O'1: Cl '. 0) 0 CO 0 m in 01: N el h :: 0 :: N N O\ O vl 16,413'496 'I Budget ExnendItures 1 W ..7e cd V N cn. 0 CO N d d' h ri O 10 W o; W N cif ml ti.. 1e1 N: 0\ m:: — v:N 10 W 0 O" 10 N .-^ a m 10 co" 10 10 1/40' .. v1 N M: N. N V l: :: V: 00 '. N a: c6 d' W N 10 O '. O ul o V l :!.a W 0 m Ga c 0 m :: m 100,024,439 Budget Revenues vl: 1: 1: N. N N N � Q V v1 0 0 10 CO e 0 '71 0:. m S ..p 0 Gy m.. ml 0 -�- N N 0 N W 10 N 00 M tel tel : Y �: N W. (T N: ti N N CO .m. 7e 0 N 00 O , --p-.. m 01:: m .-■ - m 94,979,154 Projected Fund Balance W, 8/01/2008 10 N 1. M GO CO W N N N 10 :N 1/40 N ::4 GP 110, V 0 Y 0 CO COT N N 0 N .-. : N N N d .-. 0\ : N N:: S O 21,458,782 Gas Fund Debt Service (4420) Storm Water System Debt Sry Fd (4430),', Airport 2000A Debt Srvc (4640) Airport 2000B Debt Srvc (4641) Airport Debt Service (4642) Marina Debt Service Fund (4701) Total Debt Service Funds Projected Fund Balance (ii 7/31/2009 vl 00:: 00 krTh N h. CO --1 : ,--,.: + - N M CO : M: m : N 00: — O— O k(1 7 M O ,--1 N Vl. : 00 O\ O YT YY. N N " M O Ch O\ N ,--I \---.' O VD en en M 7 \O O 6 N CO 0 \O 00 C CO • Budget Expenditures 'O ,-1 — N e e ,-1- - — ,--i: 7 N: e 0po N N '0 ,M-i � n VD- : �opo. '.. VI t0. VD 00 N O — in e : : N n N oc 00 00 t- O N Budget Revenues :.. 0o N pa. R I-- m 7 N O rn- ,� 01: o :. nNN O1 in- e - N co in t eF co in- : ,--: -. �0�pp0. O CO- . 01 o`ti 00 O ,-1 .-i 0o oN0 0 0 if.; ti O in M : V1 : vi M Projected Fund Balance (ai 8/01/2008 ,~i .-f N ,--1 7°: O Vi C's N In �: N 01 co O ,Ni ,M-,. NO :r N f 0 : N VS O N 0 oo-. in ,�-1 VD VD N N O 00 :,y O • A 5 Hotel Occupancy Tax Fd (1030)' Reinvestment Zone No.2 (1111) Seawall Improvement Fd (1120)' Arena Facility Fund (1130) Business /Job Development(1140 Development Services Fd(4670) Visitors' Facilities Fund(4710) LEPC Fund (6060) C.C. Crime Control Dist (9010) Total Special Revenue Funds 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/15/2008 AGENDA ITEM: 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. -223- Proposed Revisions to Chapter 39 of the City Of Corpus Christi's Code of Ordinances to Reflect Proposed Pay 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, Pay 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. ,? A ? • Cynthia C. Garcia, Director of Human Resources -224- 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 -225- 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 1 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 1 Accumulation and Carryover of Vacation Leave • Clarifying part-time employee eligibility -226- 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 Leave, • 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 Plan II employees • Adding son -in- law, daughter -in -law, and employee's 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 Leave is the same for both Plan I and or spouse's step- mother and step- —227— 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. -228-- II. 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 -229-- 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. -230- 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 wagesfor 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. -231- 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. -232- III. Em to ee Costs for Grou Health Plan Benefits FY 2007-2008 City lans we insurance not increased during fiscal year 2007-2008. Changes Public Safety and age were mlade to the P Citicare (civilian employee) p lan 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. Current Premium New Premium 08/01/2007 Employee Only Employee & Spouse Employee & Children Employee & Family 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) 2 20% Fire prescription drug costs. Changes have been made to the Citicare (civilian employee) plan in order The City of Corpus Christi, like employers' nationwide, continue to battle rising medical and to reduce costs to the plan. $17.95 $35.89 $27.92 $48.85 $19.75 $39.48 $30.71 $53.74 -233- 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 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. 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. —234— Page 2 of 30 of the city, consistent with sound budgetary and thereafter to continuously manage the maintain internal equity between classes of benefits in order to attract and retain workforce. To the extent •ossible •iven the Ci 's pal for com•etitive •a is to maintain • . It is the policy management, to ' compensation and classification system to iobs, and to provide competitive pav and a hioh quality resources available throu h the bud et the a rates at 100% of market rates. The city ma system to achieve these goals. SECTION 2. Chapter 39, PERSONNEL, Article Classification System of the Code of Ordinances of Section 39 -301, is amended to read as follows: • •a •Ian mid•oints sub -zone and ste nager is directed to manage the personnel • • Sec. 39 -301. Definitions. As used in this article: III. Employee Compensation and the City of Corpus Christi, Texas, FLSA means the federal Fair Labor Standards Act. FMLA means the federal Family and Medical Leave Act. - -- 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 sectin, wl include: Pay PlanO200 IlTemporary (FA O ert mel Eligible); Pay Pay LP la Overtime Pole I a Pay Fire —235— Page 3 of 30 Managerial (Positions Salaries not covered in Collective Bargaining Agreements or in Executive Pay Plan 400, FLSA ^ rt Ineligi b' ); 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 —236— t Zone ab �Qrt0, , 3ta s: i .'r 101, 102, 104 105, 106, 107, 108 Grad _O,.103 '0-Slits (Metro -Com Technician) radat14 x x & -j2 cieafion pe to a`dded'SI 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 21893 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 —236— Page 4 of 30 * 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, and ranges ffor minimum ons in wage Pay changes as required by federal law. The pay grades Plan 200 are as follows: Pay Plan 200 Temporary FLSA Overtime Eligible Effective 8/6/2007 * 5— Federal Minimum Wage increased to $ $6.55 per hour on 7/24/20072008, and will 7.25 on 7/24/20982009. increase t $6o c �- received by election workers for other ** Adjusted to comply with state law and the pay 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 between the Irange Plan minim0um for police ' commanders and fire assistant per cent differential (1) 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 —237— 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 Glade ; ' ►nunn _ = w; ?Pblt�s'laxlmum ., x *311 $78,232 78,611 $84;45 -7 84.647 $90,682 411 32,767 312 78,232 84,457 90,682 *Police Managerial ranges are adiusted to maintain a described above. minimum 5% differential, as (e) Pay Plan 400. Pay Plan 400 will include positions at making and responsibility. The pay grades and ranges are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 3% Effective 8/6/2007 the highest level of decision - for positions in Pay Plan 400 Oral r_llinfrrium y Mad oint , , : Maximumx 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 -238- Page 6 of 30 (I) 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-Ran-40003 Legal a-SA-OveFtime-leeligible 344-E-ffestive-8161200.7 121 HyS1-1-il 500 a Attorne Career Ladder FLSA Overtime Inel' ible Effective 8/1/2008 -239- Page 7 of 30 Pay Plan 500(b) Legal FLSA Overtime Eligible 3% Effective 8/6/2007 (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 Grade : Y Mflmums Vfidfrai ri 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 -240- `. Grade } s.. Minimum ; Midp ©int;, ? `_.. ` . Maximum 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 -240- Grade 630 Entry 1 2 3 4 Work Coordinator Career Ladder FLSA Overtime Ineligible 3% Effective 8/6/2007 mr $46,874 49,686 52,668 56,882 65,413 aximum; $49,685 52,172 55,302 59,726 68,685 Page 8 of 30 (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: InforMSIGgy G O crgile 711 712 713 744 715 x 716 717 718 749 720 22,668 24,7.08 27,056 20,761 32,887 36;505 40,704 45,589 51,287 4 $32,894 35,600 38,902 42759-7 16,708 54,778 57,171 64,085 74;776 80,748 M mum $4478-96 48;744 53,005 58;438 63;954 70,569 78,1113 877466 97,962 41 -0,289 —241— Pay Plan 700 Information Technology Career Ladders FLSA Overtime Eligible Effective 8/1/2008 Functional Analyst - Grade 701 Entry 1 2 3 4 5 6 Technical Specialist - Grade 702 Entry 1 2 3 4 milt $32,887 34, 532 36,605 38,802 41,519 44,427 47, 982 MMIU $32,887 34,861 36,953 Page 9 of 30 im $34,513 36,604 38, 801 41,518 44,426 47,981 51,778 axrrn $34,860 36,952 39,172 5 6 7 42,306 45,692 49,385 39,171 42,305 45,691 49, 347 53,297 53,296 57, 561 System Specialist - Grade 703 Entry 1 mimum $36,505 aximu $38,330 38 331 2 3 4 40,632 40,631 43,071 43 070 5 6 46, 087 49 314 46,086 49,313 53,259 53,260 57 474 Network Administrator - Grade 704 Entry 2 3 $40,704 $42,739 42,740 4 45,305 5 48, 024 45,304 48.023 51 386 6 51,387 54,984 54,985 59,385 59, 384 64 085 -242- Senior Functional Analyst — 705 Ent 1 2 3 4 inimur s 51 778 54 367 57 630 61 666 65 983 Page 10 of 30 azmu 54 366 57 629 61 665 65 982 70 669 Senior System Specialist — Grade 706 Entry 1 2 3 nirnurn 5$ 7,474 60,348 63,970 Maximum, $60,347 63,969 4 68,449 73,242 Senior Network Administrator -- Grade 707 Entry 1 2 3 4 5 $64,085 67,289 70 654 74 188 68,448 73,241 78,443 axlmu $67,289 70.653 74.187 78 639 78 640 83,360 83 359 87 466 (i) 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: 811 812 843 844 845 846 Pay-Plan-800 $20,892 22,668 21,708 27,056 29,761 32,887 $32,891 35,690 38,002 —243— 42,597 46,708 51,778 $44896 48 53,095 58138 63,951 70,669 817 848 849 820 36,505 40,704 45,589 5 -1-,287 57,174 64;085 7776 80,748 Page 11 of 30 78;443 87 X466 9-7-962 41-8,209 GIS Anal st — Grade 801 Pay Plan 800 Information TechnoIOQV Career Ladders FLSA Overtime Ineligible Effective 8/1/2008 Entry 1 2 3 4 5 6 A'.lication S•ecialist — Grade 802 7inir�irn 2$ 9 761 31,250 33.126 35 114 37.573 40 204 43,422 IyfaxirrtTt%n 3$ 1.249 33.125 35 113 37.572 40 203 43,421 46, 858 —244— Senior GIS Anal st — Grade 803 7ininium 46 858 49 201 52 155 55 806 Database Administrator Grade 804 59,714 Page 12 of 30 aximun 49 200 52 154 55 805 59 713 63,954 ainimur 4 5,589 47,869 50 742 53,788 57 554 61.584 66,511 atrium: 4$ 7,868 50 741 53 787 57 553 61 583 66.510 71 776 IT Pro • ram Coordinator - Grade 805 67,291 70,655 70,656 74,189 78,639 78,640 83,359 87,466 Senior As .lication S ecialist — Grade 805 Senior Database Administrator Grade 806 • .�__ a, Minimum :Maxirrium —245— Business Unit Mana i s i3a ei .x3. "r Ent 1 4 5 6 7 9 10 • er - Grade 807 93 365 Page 13 of 30 97 962 mom um h fi = ,; :d am' rr 45 589 48 780 48 781 52 196 5252 197 55,851 55 852 59 761 59 762 63 946 63 947 68 423 68 424 73 214 73 215 78 340 78 341 83 825 8383 826 90 532 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 The pay grades nand ranges for r positions in properly Pay Pla900rare classified follows: under the FLSA. Pay Plan 900 Non - Exempt (FLSA Overtime Eligible) 3% Effective 8/6/2007 911 912 913 914 915 916 917 918 919 920 921 ntmui $16,650 17,982 19,510 21,265 23,285 25,614 28,303 30,954 35,029 39,234 44,139 -246- $22,189 23,352 25,337 27,617 30,240 33,265 36,757 40,569 45,491 50,951 57,319 laximn! $27,727 28,722 31,163 33,968 37,194 40,915 45,210 50,183 55,952 62,667 70,499 Page 14 of 30 Identification Career Ladder FLSA Overtime Eligible 3% Effective 8/6/2007 Multi -Media Specialist Crime Scene Investigator Examiner —247— (k) Pay Plan 1000. Pay Plan 1000 will include positions focused engineering services, except those in Pay Plan 400 (Executives). The ranges for positions in Pay Plan 1000 are as follows: Pay Plan 1000 Engineers /Engineering Services (FLSA Overtime Ineligible) 3% Effective 8/6/2007 613 615 616 617 618 139,913 43,903 48,732 54,094 60,585 * $54,506 60,099 66,710 74,049 82,935 Page 15 of 30 on delivery of pay grades and $69,098 76,295 84,688 94,003 105,285 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; Be eligible for City benefits, as provided in specific sections of this article. (11 Contribute to Social Security. an 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: —248— 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; (b) (32) Shall -net Not be eligible for city benefits; (3) Participate in the FICA Alternative Plan in Lieu of contribution to Social Security. Part-time eligible employees routinely assigned to work twenty (20) or more base hours per seven day work period shall: (1) She- II-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 111. 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: —249— 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 pay- advaaserneat0F city benefits. Participate in the FICA Alternative 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) health plan coverage. All other 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) for Citicare or sixteen dollars and twenty -five cents ($16.25) for Alternate Choice. 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. 1. Part-time eligible employees, eligible to .artici.ate in the .rou. health .Ian 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. 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. (c) —250— SECTION 8. Chapter 39, PERSONNEL, Article Classification System of the Code of Ordinances of Section 39 -310, is amended to read as follows: Page 18 of 30 III. Employee Compensation and the City of Corpus Christi, Texas, 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. Othef 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 cam, 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. €�,ple Yeas 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: —251— 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-- Cempensatierl#er - •• - : _ - _ .. _ 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: —252— 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: (T) 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, earn 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 earn 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: —253— 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 6th 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: —254— 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. accrued (a) Plan acation, or if hundred twenty f base hours are less than forty (40) hours per week, of 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. u Plan I employees, as eligible per items (a) above, who have completed twenty (20) years of service with the City, beginning the 215t 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. al 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 —255— 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: vacation accrual, but arc non cumulative. Personal leave must be taken within the employment with the city. 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: —256— Page 24 of 30 Sec. 39 -335. Plan I 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 earn 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 -257— 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 more than thirty two (32) any hours of 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, 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 (98) 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 —258— 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: Scc. 39 350. Plan u_bef tee v 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. k A Plan II employee who has at least seven hundred twenty (720) h outs sick eaveed siche leave and who has not taken - - - 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. —259— 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, —260— s, spouse's Within the second degree by (2) b affinit the Ion 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. Page 28 of 30 o brother sister and, o including all step relations. grea father— Within the third de • father mother • son, daughter, • • • • • • • ree b consan grandfather grandmother, granddaughter grandson sister brother aunt uncle, niece nephew, great grandson great granddaughter and great grandmother, great grandfather. The endin • of a marria created b that manna oses of this section onl • • includes: ouse ends relationshi.s b for divorce or the death of a s e unless a child of that marria•e is liven the relationshi• b affini is considered e b • • in which case •ur• to continue as 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. Effective Au ust 1 of each hours mana twen hours of personal leave. • • ear each full -time em of ersonal leave to be used under wdel er or desi nee exce t for air ort ublic saf -four 24 hours on and fo -6 ht 48 • • 021 Part-time em•lo ees shall be elis ible for ` ra01 base hours in comparison to fo rt • • • • • • • o ee shall receive fort 40 fines romul•ated b the cit officers who work shifts of hours off who shall receive sixt 60 • assi ned base hours of twent 20 or more hours er week ersonal leave accrual that is •rorated based on hours worked • • —261— Page 29 of 30 1�1 Personal leave hours must be requested and approved in advance like vacation accrual, but are non - cumulative. Personal leave must be taken within the fiscal year received. jai. Personal leave may be used within the first six (6) months of employment with the city. SECTION 29. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -367, is added to read as follows: Sec. 39 -367. Bereavement Leave. jai 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. 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. fI 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 city manager on a case -by -case basis. Ldi 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. -262— That the foregoing ordinance was read for the f on this the t 5 "-'day of ,Jv.l�j Henry Garrett Melody Cooper Elizondo, Sr. /-1.1 t Mike Hummell Bill Kelly Page 30 of 30 irst time and passed to its second reading , 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez rO-:9e- Michael McCutchon fAi 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 2008 By: Jennifer A. Knox - Walker Assistant City Attorney for City Attorney -263- 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 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. Second 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. Second 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. (1). Motion to amend Ordinance amending the Code of Ordinances, City of Corpus Christi, Chaper 55 Utilities, regarding Water, Gas and Wastewater Rates and Fees, to amend Section 3 regarding Water Laboratory Charges, to correct name to "Water Utilities Laboratory Chargers" and to delete annual increase in laboratory fees, prior to second reading. C. (2). Second 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. Second 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. 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. Two changes are requested after first reading of the ordinances on July 15: (1) to clarify the name of the Water Laboratory to the "Water Utilities Laboratory" and (2) to delete the automatic annual increase in the fees for Water Utilities Laboratory services. The new language is attached, indicated on the following pages with double underline and double strike through format, and also in highlighted text. PREVIOUS COUNCIL ACTION: July 8, 2008 — Proposed Budget Public Hearing July 15, 2008 — First Reading of the Ordinances —267— REQUIRED COUNCIL ACTION: Approval of the ordinances described. RECOMMENDATION: Approval of the ordinances as amended as presented. Eddie Houlihan Assistant Director of Management and Budget -268- 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 $14.95 $15.91 (2) Two - family dwelling on one (1) water and /or gas $29.99 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 $29-99 (1) water and /or gas meter $31.82 (6) Apartment house, travel trailer park, or $14.95 manufactured home park on one (1) water and /or gas meter $15.91 per unit —269— (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 $14-95 $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." EHord238.doc —270— 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. EHord236.doc —271— Page 3 of 4 That the foregoing ord p a was read for the firs time and passed to its second reading on this the / day of 2008, by the following vote: Henry Garrett (11AQ " Priscilla G. Leal Melody Cooper jJT_ 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 was finally passed 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 PASSED AND APPROVED this the day of 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 7, 2008 Eliz. • -th R. Hundle Assi ant City Attorney for the City Attorney EHord238.doc —272— 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 nonrecident library fee $25.00 (3) at the Coast Guard Station, Port Aransas, Texas. "(s b) 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. —273— 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. —274— That t /6 foregoing ordinance was read for the first time and passed to its second reading on this the day of tj , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel] Bill Kelly That the foregoing day of Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon ordinance was read for the second time and passed finally on this the , 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: tte : 'ar% stant City Attorney For City Attorney —275— 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" $602 $8.55 Commercial 5/8" - 3/4" 10.972 12.33 Residential & Commercial 1" 17.512 18.50 1 -1/2" 29.420 30.84 2" .15.776 61.67 H: \LEG•DIR \ Lisa \2008 ORDINANCES \Utility rate_3.doc —276— Meter Size (Inches) Auguct 1, August 1, 2007 to July 31, 2008 to July 31, 2998 2009 3" $164.251 $98.67 5/8" - 3/4" $ 16.142 4" 187.393 197.34 6" 281.558 308.35 8" and larger 422.911 616.70 1" Large Volume 22.20 Any size 14,257,771 16,028.00 2" "2. Outside City Limits Meter Size August 1, August 1, 2nd July 31, 2008 to July 31, 2008 2009 Residential 5/8" - 3/4" $ 16.142 $ 10.26 Commercial 5/8" - 3/4" 22.904 14.80 Residential & Commercial 1" 35,935 22.20 1-1/2" 59473 37.00 2" 92,464 74.00 3" 329.417 118.41 H:\LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —277— 2 Meter Size August, 2907 -te 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 4" $375.724 $236.81 Minimum monthly service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1, 19971 6" 561.078 370.02 Minimum monthly service charge, industrial 8" and larger 816.775 740.04 Minimum monthly service charge, domestic Large Volume 12.744 Any size 23,700.510 26.744.00 127.540 "b. Untreated Water Customers H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —278— 3 Augusts 2007 to July -31, 2908 August 1, 2008 to July 31, 2009 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $310.370 $382.631 Minimum monthly service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1, 19971 $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 —278— 3 "' Minimum monthly charge for Public Agency for Resale Untreated Water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $207.307, $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 H:\LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —279— 4 August 1, 2007 to July44 2008 First 2,000 Minimum* GaIlene Next $4.627 13,000 Gallen Next a -5,000 3.708 Gallees Next 4.536 20,000 Gal lons Over 5.507 50;000 Gallons H:\LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —279— 4 *Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits August 1, 2007 to July 31, 20418 First-2;000 Gallons Minimum* Next x-3,000 Gallons $ 5.507 Next 15,000 Gallen 5.507 Next 20,000 Gallon 5.507 H: \LEG•DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —280— 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 August 1, 2007 to July 31, 20418 First-2;000 Gallons Minimum* Next x-3,000 Gallons $ 5.507 Next 15,000 Gallen 5.507 Next 20,000 Gallon 5.507 H: \LEG•DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —280— 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 2008 First 2,000 Gallons Minimum* 2009 Next 4,000 Gallons 1.501 Minimum* Next 4,000 Gallons 1.876 $3.493 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\Lisa\2008 ORDINANCES \Utility rate_3.doc —281— 6 Auguct 1, August 1, 2007 is July 31, 2008 to July 31, 2008 2009 First 2,000 Gallons Minimum* Minimum* Over 2.000 $3.493 Gallons H:\LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —281— 6 Next 13,990 Gallons $ 2.627 Next -85, 000 Gallons 2.338 Nex4- 900,000 Gal-bans 1.776 Over 1,000,000 Gallons 1.391 "* Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits "* Use the Minimum Charges in Subsection (a)(1). H: \LEG- DIR1Lisa\2006 ORDINANCES \Utility rate_3.doc —282— 7 Augusta, 2907 to July 31, August 1, 2008 to July 31, 2008 2009 First 2,000 Gallons Mirliffit11111 Minimum* Over 2,000 Gallons $1.876 Next 13,000 Gallons $4.420 1.867 3.781 Over 1,000,000 Gallons. 2.063 "* Use the Minimum Charges in Subsection (a)(1). H: \LEG- DIR1Lisa\2006 ORDINANCES \Utility rate_3.doc —282— 7 8 "c. Reserved" "d. ° enay tsr Resale Treated Water Rates "1. Treated water rates purchased by- a- pulblis- 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: \LEG•DIR\Lisa\2008 ORDINANCES\Utility rate_3.doc —283— M Auguct 1, August 1, 2007 2008 to July 31, to July 31, 2098 2009 First 2,000 Gallons Minima ** Minimum* Over 2,000 Gallons $.877 $4:538 4:270 x,-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: \LEG•DIR\Lisa\2008 ORDINANCES\Utility rate_3.doc —283— M 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 se the Minimum Charges in Subsection (a)(1). "2. Outside City Limits August-17 2007 to July 31, August 1, 2008 to July 31, 2098 2009 2009 First 10,000,000 Gallons Minimum* Minimum* Minimum* Each Additional 1,000 Gallon $-0922 $1.647 $ 1.506 se the Minimum Charges in Subsection (a)(1). "2. Outside City Limits se 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:\LEG -DI R \Lisa\2008 ORDINANCES \Utility rate_3.doc -284- 9 August 1 August 1, 2007 to July 31, 2008 to July 31, 2008 2009 First 10,000,000 Gallons Minimum* Minimum* Each Additional 1,000 Gallon $4.348 $ 1.506 se 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:\LEG -DI R \Lisa\2008 ORDINANCES \Utility rate_3.doc -284- 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 —285— 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. "(12) 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 -year 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. H1LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —286— 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 "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 —287— 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 proiect in which the City is involved. (d) The fees in this section shall be adjusted 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. -65-54 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:LLEG- DIR\Lisa'2008 ORDINANCES \Utility rate_3.doc —288— 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. 55 -61. Classification of customers and schedules of rates. "(a) RESIDENTIAL CUSTOMERS: "(1) Inside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) "Note: Rates do not include purchased gas adjustment mw �a��� "b. Summer rates (from April Cycle 11 through November Cycle 10) Rate per MCF Monthly Consumption 1, 2007 Monthly Consumption 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 mw �a��� "b. Summer rates (from April Cycle 11 through November Cycle 10) H:\LEG- DIR\Lisa\2008 ORDINANCES \Utility rate 3.doc —289— 14 Rate per MCF Monthly Consumption 1, 2007 July 31, 2008 August 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 —289— 14 Next 5 MCF 3.003 Next 2 MCF 1.507 Next 28 MCF 1.469 All over 38 MCF 1.339 "Note: Rates do not include purchased gas adjustment and sales tax, w "(2) Outside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) Monthly Consumption Auguct 1, 2007 July 31, 2008 August 1, 2008 — July 31, 2009 Monthly Consumption 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 "Note: Rates do not include purchased gas adjustment and sales tax, wner "b. Summer rates (from April Cycle 11 through November Cycle 10) H:\LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —290— 15 Rate per MCF Monthly Consumption Auguct 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 5 MCF 3.319 H:\LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —290— 15 Next 30 MCF 1.656 All over 38 MCF 1.424 "Note: Rates do not include purchased gas adjustment and sales tax, "(b) GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates: "(1) Inside City Limits "Note: Rates do not include purchased gas adjustment and sales tax, "(2) Outside City Limits Rate per MCF Monthly Consumption August 1, 2007 July 31, 2008 H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —291— 16 Rate per MCF Monthly Consumption Auguct 1, 2007 July 31, 2008 August 1, 2008 — July 31, 2009 Meter Charge $8- 13412.02 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, "(2) Outside City Limits Rate per MCF Monthly Consumption August 1, 2007 July 31, 2008 H: \LEG- DIR \Lisa\2008 ORDINANCES \Utility rate_3.doc —291— 16 17 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the 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 furnished and delivered to the meters by the Gas Department of the City): "(1) Inside City Limits August 1, 2008 — July 31, 2009 Monthly Consumption 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 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the 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 furnished and delivered to the meters by the Gas Department of the City): "(1) Inside City Limits H:\LEG- DIR1Lisa\2008 ORDINANCES \Utility rate_3.doc —292— Rate per MCF Monthly Consumption August 1, 2008 — July 31, 2009 Meter Charge $1.00 First 1 MCF 15.384 H:\LEG- DIR1Lisa\2008 ORDINANCES \Utility rate_3.doc —292— 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 t "Note: Rates do not include purchased gas adjustmen ana sales tax, "(2) Outside City Limits "Note: Rates do not include purchased gas a ustment ana sa'e pax, . "(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates (limited to customers using less 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\Lisa\2008 ORDINANCES \Utility rate_3.doc —293— Rate per MCF Monthly Consumption 1, 2007 July 31, 2008 August 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 "Note: Rates do not include purchased gas a ustment ana sa'e pax, . "(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates (limited to customers using less 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\Lisa\2008 ORDINANCES \Utility rate_3.doc —293— 19 Monthly Consumption Augusta, 7 my 31 2008 August 1, 2008 — July 31, 2009 Meter Charge Meter Charge $83- $12.02 First 1 MCF (Minimum Bill) 11.426 First 1 MCF (Minimum Bill) 5.824 9.259 Next 2 MCF Next 40 MCF 5.194 Next 7 MCF 1.656 4.853 Next 40 MCF 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 "Note: 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 $10.16 $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:LLEG- DIR1Lisa\2008 ORDINANCES \Utiltty rate_3.doc —294— 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- DIR1Lisa\2008 ORDINANCES \Utility rate_3.doc —295— Classification August-17 2807 -te July 1, August 1, 2008 to July 31, 2008 2009 Inside City Limits One - family minimum monthly charge (first 2,000 gallons) $4986 $ 18.879 Inside City Limits One - family per 1,000 gallons over 2,000 $34232 $3.817 Inside City Limits One - family maximum monthly charge (Up to 25,000 gallons) 907340 106.67 Outside City Limits One - family minimum monthly charge (first 2,000 gallons) 337668 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) $4907308 $199.181 Inside City Limits Commercial minimum monthly charge (first 2,000 gallons) 25.583 26.862 H:\LEG- DIR\Lisa\2o08 ORDINANCES \Utility rate_3.doc —296— 21 22 Classification August-17 2007 to July 31, August 1, 2008 to July 31, 2008 2009 Inside City Limits 2.720 2.856 Commercial per 1,000 gallons over 2,000 Outside City Limits 51.168 33.578 Commercial minimum monthly charge (first 2,000 gallons) Outside City Limits 5.147 $5.718 Commercial per 1,000 gallons over 2,000 "(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 —297— 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: \LEG- DIR\Lisa\2008 ORDINANCES \Utility rate_3.doc —298— 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 1 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 less by weight of biochemical oxygen demand index, and 250 parts per million or Tess 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. "(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 —299— 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. * * * "(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) $041000 $0.0000 Y (unit charge in dollars per pound of BOD) 0.2944 0.3091 H:\ LEG- DIR \Lisa12008 ORDINANCES \Utility rate_3.doc —300— Z (unit charge in dollars per pound of TSS) 04144 0.2219 * * * * 26 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 —301— 27 That the foregoing ord }}ina ce was read for th first time and passed to its second reading on this the / day of o&L , 2008, by the following vote: (AP. Priscilla G. Leal Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly John E. Marez Nelda Martinez 4 Michael McCutchon �D 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 Hummell 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 Mayor Approved as to form: July 9, 2008 By: )L fry tit ' Y• Lisa Aguilar; Assistant City Attorney for City Attorney Henry Garrett H:LLEG- DIR \Lisa12008 ORDINANCES \Utility rate_3.doc —302— /`t -S t -r..z eat 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, 2009 2808 Residential 5/8" - 3/4" $ 7.602 $8.55 Commercial 5/8" - 3/4" 10.972 12.33 Residential & Commercial 1" 17.512 18.50 1 -1/2" 29.420 30.84 2" /15.776 61.67 CADOCUME -1 AliceAtLOCALS- 1\Temp\GW Viewer \Utility rate. 0 e.doc —3— 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 "ARTICLE III. WATER RATES AND CHARGES "Sec. 55 -54. Water Utilities Laboratory Charges. (a) The following fees apply to tests performed at the City's Water Utilities 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_4.doc —304— 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 Utilities 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 project in which the City is involved. "Secs.-SS -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_4.doc —305— 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 tweaurkked-etellacs4$21:1049) four hundred dollars ($400) for every land well and (3350:00-} 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 —306— That the foregoing ordinance was read for the first time and passed to its second reading on this the /ham day of 2008, by the following vote: �J d Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly That the foregoing on this the Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez i Michael McCutchon tar --4- ordinance was read for the second time and was finally passed day of , 2008, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PASSED AND APPROVED this the ATTEST: Armando Chapa City Secretary APPROVED as to form: July 3, 2008 Eliza -% -th R. Hundle Assi ant City Attorney for the City Attorney EHord236.doc day of , 2008. —307— Henry Garrett Mayor 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 22, 2008 AGENDA ITEM: A. Motion setting September 9, 2008 as the date of the adoption of the ad valorem tax rate of $0.563846 per $100 valuation. B. Motion setting a public hearing on the ad valorem tax rate for August 19, 2008 and a second public hearing for August 26, 2008, during the regular City Council meeting beginning at 10:00 a.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas. ISSUE: The State Property Tax Code requires that two public hearings be held when a taxing unit proposes to impose a tax rate that exceeds the lower of the effective tax rate or the rollback rate. The proposed FY 2008 -2009 City budget submitted for first reading for adoption to City Council on July 15, 2008 includes a tax rate of $0.563846 per $100 valuation, which reflects a Maintenance and Operations tax rate of $0.364671 plus the required Debt Service tax rate of $0.199175. The second reading for adoption of the City Budget will be held on July 22, 2008. The Nueces County Appraisal District is required to present the City with the certified tax roll by July 25, 2008. Until which time the City receives the certified tax roll, the effective tax rate and the rollback tax rate can not be calculated. Once the calculations are complete, if it is determined that the proposed tax rate does not exceed the lower of the effective tax rate or the rollback rate, the public hearings will not be necessary, and the adoption of the ad valorem tax rate will be presented to City Council for final approval on August 26, 2008. However, due to the projected increase in assessed valuations of at least 5 %, it is anticipated that the proposed tax rate will exceed the lower of the effective tax rate or the rollback rate, thus requiring the public hearings. The submission of the 2008 Certified Appraisal Roll is scheduled to be distributed to the City Council upon receipt from the Appraisal District. The publication of the 2008 property tax rates, which includes the effective and roll back tax rates, is scheduled to appear in the Corpus Christi Caller -Times on Sunday, August 3, 2008, with an alternate publication date of Sunday, August 10, 2008, depending upon the amount of time required to receive the necessary calculations from both the Nueces County Appraisal District and the Nueces County Tax Office. Additionally, the publication will be posted on the City' s internet website at www.cctexas.com. REQUIRED COUNCIL ACTION: Approval of the motions to schedule dates for the adoption of the City's ad valorem tax rate and the two public hearings. PRIOR COUNCIL ACTION: • Tuesday, July 15, 2008 — City Council approved the first reading of the adoption of FY2008 -2009 budget. —311— FUTURE COUNCIL ACTION: • Tuesday, August 19, 2008 — City Council will conduct a public hearing on the ad valorem tax rate. • Tuesday, August 26, 2008 — City Council will conduct a second public hearing on the ad valorem tax rate. • Tuesday, September 9, 2008 — City Council will adopt the ad valorem tax rate of $0.563846 per $100 valuation. CONCLUSION AND RECOMMENDATION: Staff recommends that the motion setting September 9, 2008 for adoption of the ad valorem tax rate and scheduling August 19, 2008 and August 26, 2008 for the public hearings be approved. Attachment: Background Information Cindy O'Brie4 Director of Financial Services —3 1 2— BACKGROUND INFORMATION The impose artax�e Tax Code requires that two tha exceeds the lower of the rlollback tax rate or the effective taxurate.roposes The effective tax rate is generally equal to the prior year's taxes divided by the current year's taxable values of properties that were also on the tax roll in the prior year. This calculated rate would provide the taxing unit with approximately the same amount of revenue it received in the prior year, on properties taxed in both years. The rollback tax rate is the highest tax rate the taxing unit can set before taxpayers tc can car golr b ack procedures. The rollback tax rate divides the overall property taxes into maintenance and operations (M &O) taxes and debt service taxes. The M &O portion of the tax rate is the rate that would be needed to raise eight percent more operating funds than the unit levied in the preceding year. This calculation is similar to the effective tax rate calculation. The debt portion is the tax rate that will be needed to pay the entity's debt payments in the coming year. This part of the calculation does not depend on the prior year's debt taxes. It only considers what the entity will need for the current year. The portion of the overall rate used to retire debt may rise as high as necessary without triggering a potential rollback. The M &O portion, however, may rise only eight percent. The fiscal year 2008 -2009 City budget includes a proposed tax rate of $0.563846 per $100 valuation, which maintains both the M &O rate of $0.364671 per $100 valuation and the debt service rate at $0.199175 per $100 valuation, consistent with the FY2007 -2008 tax rate. Once the certified tax roll is received from the Nueces County Appraisal District and the appropriate calculations are made, the City Council will be provided with the property tax rates that are scheduled to be published in the Caller -Times on August 3, 2008. —313— 26 0 CO v CO a CD ,O N it O N O N N >i 0 M -c a) o_ 0 E as O 4O Q 0 o D a) 4- E2 a) as c 1J � - c 0 c U O 0 o O c NQ U 0 o_ o 0 CO 2 cse 'as > c � 0 U . . Z z O O U L.LJ U J co 2 z O O 0 V 0 0 Z Z W W 0 0 m z w L.LJ D 0_ > W W = < < U U U W W W ir Fr Fr Fr 0_ 0_ 0_ Q Foll 'ART) ADA Improvements — 12 projects 2 —Y c cu E cia U 4 X w a) 2 0 c a) 0 O D c 0_ D ca O 0 D co N 0 c 0 OD cn c0 0 ca U a) O 0 N a) a) O) c 2 c O a) O) c O U t E2 a) J m O Cliff Maus Phase 2 — Brownsville Road > 0 D 0 U 0 0 0 0 M a) ca 0 c 2 0 0 Downtown Redevelopment Participation — 1 North Beach Area Improvement oo STDaFOad c 0 W co W 0 L Q E O D w 0 0 Northwest Museum Fire Suppression, Phase 2 mprovements — 4 0 4- 0 C9 0 c ca 0 0 c as ca 0 co HEB Tennis Center k Improvements — Neighborhood road aqT mprovements — 5 projects ca 0) 0 O c O c O 0 < Doddridge Street — Ocean Drive to Staples (Aug '0 N co a 0 a) ca U O O Rd. Ph1— O U 0 N c U 2 0 c�a 0) 0 2 D c Et� LL 6) O 0 Q O � a 0 i ca o N r _ i Na a C CC a) a) O) Cn 7 7 13 0 0 0 0 Greenwood Drive — Go 0 ;omit u0 u road A (B 0 0 ;omit 4) J _ N O C x O = as O) Z c o (0 a - = CO a N _ 0 o E o 0 co E 8_ oN 4) O �W= c ° O E2 O Las t C. U CO 2 1 C CZ I 0 U) a) o O o a) r 0 634 E a) c co c Q O•� O n o O Q " D U E as C O 1 0 O as —.1 Q J O O) O E2 Q O) c N O E U om N c Q O U Li_ 0 Q C c O Co 4 COa 00 ix a)) N N Q O co D N ±� CZ 2 Es CL 9 u r ©ad co O O) U 4) Q O D O CO I ca Ca O •D— C i U) O Q N c QD > U O E Q O o E o-0 0) 0) -0 C Q Q Q c c (n 0 0 o co C O O Q CO O 0 Q .0 Q C O o i O 4' N o U ai - O 0 LL F- Senior /Rec Center Renovations — 7 0_ 0 O � N Q o > E o a) o cn 0 la O U c� N E N o .S (a N 9 u r ©ad 27 COMPARISON REPORT T STA'T' L • Complete 1997 • Complete 1998 • Complete 2000 • Complete 2002 • Pending Bids • Engr Ltr Report Complete 2007 • March 25,2008 • March 25, 2008 Area Diversion to Greenwood N MCI CA CA H W icR CA a.1 CA SOUTHSIDE POPULATION GROWTH PROJECTION 1 1 1 1 1 T 1 1 1 ■ 1 1 i 1 1 1 1 1 1 O O O O O O O O O O O O If) O r r NOLLVlfldOd O O O O N 0 N 0 W N Q W WW WU= o -�j OW0 U o D00 CO OWZ N • fn0o ▪ ZZJ N } 000 EFX N OOW WWQ 00ct N aaw ZZO 005 E, QQ N W JJDD- 0_ 0_ 0_0 N I I, II H H cieD U O p a cp ucoo cipO H ct CD H n ct CD • cn r M V 1 0 (Above 100 yr. flood 0) t a) N 0 a.) E •2 O 0 a) N M .--� cd ON �o 0 N a. o _ 0 • N N N N O rz4 s, f. N > a b • E o w oo �Otntl, H o N 0 — U E ci E° 0 3 3 5 O w 0 Lt, o r.,'5.: c° o o 0 w Zr 4■. CA (/ M U O c., .. O M .-et O " • U \ O o M -ctzi 5p •j O • • ,_. ' % n ^ ,2 a� x 0 0 C 0 cd CC$ te/ N o ▪ 0 ▪ -4-, 0 cd ▪ c• d Ct + U N 4-i CD CD 4 a .� .� 0 i--( < ', O > l p N O o .2 o N N N I O `n --- — --- c - - ct aCr CA3HC�o b J i 0 1) ct N t "C 1) 0 N 1) Q Phase 1 - Estimated Construction Cost • Construct 24" FM to New Southside Pux;g • .c "Transfer - hase 2 — Estimated Construction Cost • Construct additional 4.0 MGD WWTP c ver C C • C • Total $ 102.63 M 6 ec a Co Transfer to New Southside (St 1 BENEFITS • a_ CONSTRAINTS Deviation from Master Plan. 2. Site Preparation Required'. 3. New Force Main & additional Maintenance cost. a) c o O o a) 9 26 m. a) .5 5 CT co o • o_ c > E ,-o a) m • co Ti �O V J a) O ^ O >, E o 9 L "_' U a) �' I— cm O ▪ CO O L U (1) a () o C a) L in m E (u -2 W a) 0 cu ED C N a) y--' y-. 4--I C CO c a) QO ® W >, cn E- H O This will lead to Prolonged Discharge Permit Approval (At least 5 to 7 years). P will create compliance issues at 0 CO 0 0 9- L a) U) C Cu 0 O ct N 5 a) O c H O L cm N a) C a) 0 Cu a) 0 a a3 co a) L a) U L a) co L.1. O co O L a) Q a) N Q C N o Z ton ao Ogir weal s y a. CC w C1J 14 L 4 s. v �0 o ct - c ey ✓; - 44 U L C 5 1 4't CC et © t OL: QAtt C0 44 ta la 00 0 et et L L 0C t o C4 V t, o o <C v,1 v) e 0 C 0 6 .4? will Provide ce) ct O O C.‘,54 r^. C Ct ten CD CD Cs) O N u N Q 0 sit caaj i.� a a cit C.. telt a- r t: o.nstruct 4.0 MGD WWTP Construct 24" FM to New S. of Oso Transfer Station kr; stimated Construction Cost 0 Sr 4- _o U 0 0 0 con • �Tr an a, O O tet U U C O O U S 120.53 NI 0 ENEFITS C co a C O U E C a L a) v VJ L U co c O U CO LL C N a) a) cn = O c N a a w a) 'V C O = i=' = N as L1J O O) U c O O U co O c LL. Z J a. Adequate Buffer F- Z CONSTRA Pumping Cost for Transfer Stations and Long C co E a) L 0 D co C O ▪ U� �C/ VJ ca L i- 8 D o O U CO CU CU C a) C O C O <0_ Q X X U C a) E co a) co a) New Force Main & Transfer Station Maintenance. A C C O +a ▪ U) C E � Q C L a) FO co P 15 co co }, C W cuc co VJ L J ± O . 0 E 1- m CL CL -c O '1"/ V J a) O C E E 00 o a) o � C a) 5 C L ▪ a) C a) U U) _o N X 4.4 'T^ V ) czt O ci) o lCt E ct 0 U V ) O O Uf 1 0 • o O o O o 0 N,. W- I,- M '.'. CO ID a' Z ct z#"'.— 0 O O CD CO O 00_ CO CO O 0 CO CO z 0 COUNTRY CLUB LS REHABILIT N 0 0 0 0 0 0 co • 0 co CO CO ✓ ED N 00 0 0 O ID M Tr- r ✓ CO N ED 00_ 0 ID CO- n CD rat N CO o o o 0 co M F r N CO w K 0 LL oti z w LL 2 z I 0 0 0 0 0. O '.0 O O O <O O N CO 00 0 N CO r O ✓ ED c a O 0' 00 0 0 O' O O N CO ... S'N 0 N O) r 0 ✓ V a a 00_ 00_ 0 0 0_ 0 N N r 0 r » v> v a N CO- ID N M O r ED fA r MGD TRANSFER) _S REHAB. & NEW FM (8. WOOLDRIDGE CO •Lt ID U3 r O 0 0 O a 0 z 2 F F z J a N W 0 U Q a U I- z W 2 F W a 0 2 o W va Co OI 14,678,000 CO 0 8 0 Co N r n $16,803,000 O a C fD a 120,529,000 ,D Co M co co a 0 ANNUAL 0 & M COS' M COST (PRESENT VALUE) 20 YR ANNUAL 0 TOTAL 20 YEARS LIFE CYCLE COST (PRESENT Ct c) 0 0 0 0 0 1 z a Lt t- 0 0 o' 0 0 r- 0 0 0 0 0 En Can O 0 0 0 >0 0 0 0' O a '0 v> 1 o 0 c n 0 0 0 a 0 0 0 0 0 c 0 0 z' F z Q J U' a' a; U F z W' I- W% F C, 0' a $2,063,000.00 & MAINTENANCE BUILD. ADMINISTRATIO $9,269,000.00 z I y w V1 Qz F ati 2' LL J U z r' w O• ' e LL QzQ 0 0 0 0 O -0' 0 0 0 0 a CO CO En SI w' z J -21 LL F 0' F z W' J LL LL W $1,375,000.00 SECOND (DUAL) POWER DROP 0 0 00 o ' >0 0 °o' O) c co co co et 69 a rar i7 FzF N W re w a Q C 0 U) a W W 0 0 0 0 m 0 0 0 8 0 M 0 wr (0 0 CO N CO 0> 0 0 0' 0 0' 0 O1 TOTAL CAPITAL COST lude Contingencies & Professional Sery C TOTAL CAPITAL COST 20 YR ANNUAL 0 & M COST (PRESENT VALUE I- w U, w TOTAL 20 YEARS LIFE CYCLE CO STAFF RECOMMENDATIONS o Work with TCEQ in getting Oso Bay/ Oso Creek Water Quality Stream Standards Revised. o Plan for additional treatment capacity at Greenwood WWTP or at future Southside WWTP for future growth areas within Greenwood WWTP Service Area and OSO WRP Service Area. o Ct Ct 0 E ct gai tit) &) H I r r •r� w�^\ (t3 City of Corpus Christi -324-