Loading...
HomeMy WebLinkAboutAgenda Packet City Council - 10/21/2008CITY COUNCIL AGENDA OCTOBER 21, 2008 ■ EN EN cate 11:45 A.M. - Proclamation declaring Friday, October 24, 2008 as "46th Annual St. Patrick School Halloween Carnival Day" Proclamation declaring Saturday, November 1, 2008 as "National Family Literacy Day" Swearing -in Ceremony of newly appointed Board, Commission and Committee members AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD CORPUS CHRISTI, TEXAS 78401 OCTOBER 21, 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 inglas es limitado, habra un intarprete inglas- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Father Andrew Thayer, St. Bartholomew's Episcopal Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper Interim City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummell City Secretary Armando Chapa Bill Kelly John Marez Nelda Martinez Michael McCutchon E. MINUTES: 1. Approval of Special Meeting of October 7, 2008. (Attachment # 1) Agenda Regular Council Meeting October 21, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. Corpus Christi Aquifer Storage and Recovery Conservation District (Confirmation of Officers) 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: (NONE) I. CONSENT AGENDA Notice to the Public The following items are of a routine or administrative nature. The Council has been furnished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. CONSENT MOTIONS. RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) 3. Motion approving a supply agreement with Pencco, Inc., of San Felipe, Texas for approximately 178,150 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0224 -08 based on only bid for an estimated six -month expenditure of $149,997. The term of the supply agreement will be for six months with an option to extend for up to five additional six -month periods Agenda Regular Council Meeting October 21, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) subject to the approval of the supplier and the City Manager or his designee. Funds have been budgeted by the Wastewater Department in FY 2008 -2009. (Attachment # 3) 4. Motion authorizing the purchase of specialized equipment for a total amount of $403,716.87 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund No. 1062. (Attachment # 4) 5.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $257,801.80 from the Texas Department of Transportation (TXDOT) for Years 2 and 3 of the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime Driving While Intoxicated and Speed enforcement with a City match of $114,175.02 and to execute all related documents. (Attachment # 5) 5.b. Ordinance appropriating $257,801.80 from the Texas Department of Transportation (TXDOT) for funding for Years 2 and 3 of the Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund. (Attachment #5) 6.a. Resolution authorizing the City Manager or his designee to accept a grant of $748,018 from the Texas Department of State Health Services to provide for the Women, Infants, and Children program (WIC), based on an $11.55 reimbursement for each participant served, and to execute all related documents. (Attachment # 6) 6.b. Ordinance appropriating a grant of $748,018 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide for the Women, Infants, and Children program (WIC), based on an $11.55 reimbursement for each participant served. (Attachment # 6) 7. Motion authorizing the City Manager or his designee to execute a two -year contract with the Department of State Health Services for the administration of duties performed by the Vital Statistics Program of the Health Department and for the payment of record fees due to the State. (Attachment # 7) Agenda Regular Council Meeting October 21, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 8. Ordinance appropriating $625,409 from the estimated program income revenue in the No. 1066 Health Grants Fund as State Fiscal Year 2008 -2009 program income to fund laboratory and public health services for the period of September 1, 2008, through August 31, 2009. (Attachment # 8) 9.a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept the $150,000 grant from the U.S. Department of Justice (DOJ), Office of Justice Programs for support of the Corpus Christi Southeast Weed and Seed Community for FY 2008 -2009. (Attachment # 9) 9.b. Ordinance appropriating $150,000 from the U.S. Department of Justice, Office of Justice Programs in the No. 1067 Federal /State Grant Fund for support of the Corpus Christi Southeast Weed and Seed Community for FY2008- 2009. (Attachment # 9) 10.a. Resolution authorizing the City Manager or his designee to accept a grant of $31,000 from the. Coastal Bend Council of Governments and execute an Interlocal Agreement to provide recycling and anti -litter education. (Attachment # 10) 10.b. Ordinance appropriating a grant of $31,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti -litter education. (Attachment # 10) 11. Motion authorizing the City Manager or his designee to execute a System Support Agreement with Mettler - Toledo, Inc., of Columbus, Ohio for a term of five years, commencing September 19, 2008 and ending September 18, 2013, and total cost of $86,187.60, with the option to extend for up to one additional five year term. The fee for the first year of the agreement is $16,561.67. The system support agreement covers hardware and software associated with the scale systems at the Cefe Valenzuela Landfill and software for the J.C. Elliott Landfill Transfer Station and Central Management Reporting System. (Attachment # 11) Agenda Regular Council Meeting October21, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company of Houston, Texas to drill an oil or gas well being State Tract 71 Well No. 1, approximately three miles east of the Corpus Christi Marina in Corpus Christi Bay. (Attachment # 12) 13. Motion authorizing the City Manager or his designee to execute Amendment No. 16 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects for construction management and inspection. (Attachment # 13) 14. Motion authorizing the City Manager or his designee to execute Change Order No. 3 with Longhorn Excavators, Inc., of Richmond, Texas in the amount of $59,602 for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation for sump modifications. (Attachment # 14) 15.a. Ordinance appropriating $96,492.07 from the Unreserved Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and other construction suspension costs for the Packery Channel Boat Ramp Parking Lot and Access Road as per Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $96,492.07. (Attachment # 15) 15.b. Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas, in the amount $96,492.07 for a revised total contract price of $854,322.10 for the Packery Channel Boat Ramp Parking Lot and Access Road FY 2007- 2008 for contractor mobilization, demobilization and other construction suspension costs. (Attachment # 15) Agenda Regular Council Meeting October 21, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee; and providing for publication. (Attachment # 16) 17. First Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee; and providing for publication. (Attachment # 17) 18. Second Reading Ordinance - Amending the Code of Ordinances, Chapter 53, Traffic, Schedule V, Section 53 -254, (Increase of State Speed Limit in Certain Zones) by establishing a revised speed limit of 70 MPH on U.S. Highway 77 (increasing the speed limit from 55 MPH to 70 MPH) from Interstate Highway 37 to the City limits south; providing for penalties; providing for publication. (First Reading 10/14/08) (Attachment # 18) 19. Second Reading Ordinance - Amending the Code of Ordinance, Chapter 53- Traffic, Section 53 -250- Schedule I, One -Way Streets and Alleys, Section (a), by removing current one -way traffic pattern on Riverwood Road to two way traffic in the northbound and southbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times; providing for penalties; providing for severance; and providing for publications. (First Reading 10/14/08) (Attachment # 19) 20. Second Reading Ordinance — Authorizing the City Manager or his designee to lease Real Property to the United States Coast Guard for $1.00 a year for a term of nineteen years, nine months (beginning on January 1, 2009 and ending on September 30, 2028) in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts Building, an Aid To Navigation (Aton) structure known as the "Corpus Christi Channel Cut "B" West Range Front Light (Ac117817) "; providing for publication. (First Reading 09/23/08) (Attachment # 20) Agenda Regular Council Meeting October 21, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: ZONING CASES: 21. Case No. 0908 -02, Martin Hameka: A change in zoning from a "FR" Farm -Rural District to an "1 -2" Light Industrial District resulting in a change of land use from vacant farm land to light industrial uses on property described as 5.009 acres out of Margaret Kelly Land, Tract 3, Tracts A, B and C, located at 5802 Old Brownsville Road, located north of Old Brownsville Road and approximately 1,100 feet southwest of Westpoint and Old Brownsville Road intersection. (Attachment # 21) Planning Commission and Staffs Recommendation: Approval of an "1 -2" Light Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by Martin Hameka, by changing the Zoning Map in reference to 5.009 acres out of Margaret Kelly Land, Tract 3, same being described as Tracts A, B and C, from "FR" 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; and providing for publication. 22. Case No. 0908 -03, Brown & Ortiz, P. C.: A change of zoning from a "RE" Residential Estate District to a "B -3" Business District resulting in a change of land use from vacant to retail uses on property described as 3.777 acres, being part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Page 42, Nueces County, TX, located west of Flour Bluff Drive approximately 130 feet north of the Flour Bluff and Compton Road intersection. (Attachment # 22) Planning Commission and Staffs Recommendation: Approval of a "B-3" Business District. Agenda Regular Council Meeting October 21, 2008 Page 8 ORDINANCE CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Amending the Zoning Ordinance, upon application by Brown & Ortiz, P.C., by changing the Zoning Map in reference to 3.777 acres being a part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, from "RE" Residential Estate District to "B -3" Business District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; and providing for publication. RENEWAL COMMUNITY: 23.a. Public hearing to consider and nominate applications to the Office of the Governor for Commercial Revitalization Deduction allocations. (Attachment # 23) 23.b. Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions. (Attachment # 23) K. REGULAR AGENDA CONSIDERATION OF MOTIONS. RESOLUTIONS. AND ORDINANCES: 24. Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of $2,919,681.16 for the Laguna Shores Road Rehabilitation from Graham Road to Hustlin' Hornet Drive for the Total Base Bid and Additive Alternate No. 1. (BOND ISSUE 2004) (Attachment # 24) 25. Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $1,683,570 for North Port Avenue from IH 37 to US 181 for construction work. (BOND ISSUE 2004) (Attachment # 25) 26. Resolution approving a policy regarding identity theft detection and prevention for utility customer accounts. (Attachment # 26) Agenda Regular Council Meeting October 21, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 27. Resolution expressing official intent to reimburse costs with respect to the Health Department Laboratory Air Handler and Health Department Chiller replacement. (Attachment # 27) 28. Ordinance appropriating $355,000 of the Unreserved Fund Balance in the General Fund No. 1020 for Health Department Laboratory Air Handler replacement and Health Department Chiller replacement; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $355,000. (Attachment # 28) 29. Resolution of the City of Corpus Christi, Texas, authorizing the South Texas Aggregation Project, Inc. (STAP) to negotiate an Electric Supply Agreement for deliveries of electricity and necessary related services effective January 1, 2009; approving STAP contracting with FPL Energy Power Marketing, Inc. and Direct Energy, LP and authorizing the City Manager to sign a contract with STAP for the City's electricity needs for the period beginning January 1, 2009 and extending up to December 31, 2013. (Attachment # 29) 30. Resolution approving the general location of bollards in the vicinity of the Padre Island seawall and South Packery Channel jetty. (Attachment # 30) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 31. Update on Coastal Bend Workforce Development Partnership — Industry Outreach Initiative (Attachment # 31) 32. Report on Municipal Court Judges Salary Adjustments (Attachment # 32) 33. Storm Water Drainage Utility Update (Attachment # 33) M. 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, Agenda Regular Council Meeting October21, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 ft to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. _3. ADVISE THE CITIZEN THAT THIS SUBJECT _WILL BE PLACED ON AN AGENDA AT A LATER DATE. 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. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the - presiding office. Agenda Regular Council Meeting October21, 2008 Page 11 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at ; 3 0 p.m., on October 15, 2008. (� ry tilul >� CCU -1 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 I 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 Priscilla Leal Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Michael McCutchon* John Marez ** Nelda Martinez *Arrived at 10:08 a.m. * *Arrived at 10:10 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting October 7, 2008 - 10:00 a.m. City Staff: Interim City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. 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 announced the executive session, which was listed on the agenda as follows: C. Executive session pursuant to Texas Govemment Code, Section 551.074 to deliberate the appointment/employment of the City Manager with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session. Mayor Garrett reported that the Council reviewed and considered seven (7) applicants for the City Manager position and that the Council selected five (5) applicants that will be interviewed on October 28`h. Mayor Garrett stated that the names of the five (5) applicants being considered will be available to the public after the consultant has contacted those individuals. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 12:28 p.m. on October 7, 2008. * * * * * * * * * * * ** —1— 2 a. C.C. AQUIFER STORAGE AND RECOVERY CONSERVATION DISTRICT — The board is recommending the confirmation of the following officers: Oscar Martinez as President, Margie Rose as Vice - President and Fred Segundo as Secretary. (Note: Section 8811.024 of the Texas Special District Local Laws Code requires the City Council to confirm the election of officers annually.) DUTIES: To develop and protect municipal aquifer storage areas created by the City of Corpus Christi. The district may implement and develop aquifer storage and recovery proj ects. COMPOSITION: Five (5) directors appointed by the City Council to serve staggered four -year terms. If a vacancy occurs on the board, the board may appoint a director to serve the remainder of the term. The board shall annually elect officers and officers must be confirmed by the City Council. The initial directors shall draw lots to determine which three (3) directors shall serve four -year terms that expire at the end of the calendar year four years after the effective date of the Act, and which two directors shall serve two -year terms that expire at the end of the calendar year two years after the effective date of the Act. ORIGINAL MEMBERS TERMS APPTD. DATES Gustavo Gonzalez 12 -13 -08 10 -02 -08 Rudy Garza 12 -13 -11 10 -02 -08 Oscar Martinez 12 -13 -08 12 -13 -05 Margie Rose 12 -13 -11 12 -11 -07 Fred Segundo 12 -13 -08 12 -11 -07 —5— 3 Requested Council Date: 10/21/08 Alternate Date: 10/28/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving a supply agreement with Pencco, Inc., San Felipe, Texas for approximately 178,150 gallons of ferrous sulfate in accordance with Bid Invitation No. BI- 0224 -08 based on only bid for an estimated six-month expenditure of $149,997. 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 08 -09. BACKGROUND: Purpose: Previous Contract: This chemical will be used by the Wastewater Department for odor control at sixteen (16) treatment locations. In addition to supplying the chemical, the supplier will perform atmospheric and wastewater hydrogen sulfide (H2S) sampling at each of the treatment locations on a bi- weekly basis. The option to extend the previous contract was not exercised due to supplier's inability to maintain contract pricing, requiring new bids to be received. Bid invitations Issued: Twenty-Six Bids Received: One Price Analysis: When compared to the previous contract, pricing has increased from $.034 per gallon to $.078 per gallon. Award Basis: Funding: Only Bid BioCope, Inc., Canyon, Texas submitted a bid, however, their offer has been deemed as non - responsive. Offer submitted by BioCope, does not meet the technical specification requirements as required in the bid documents. Wastewater Department 520010- 4200 -33100 5200104200 -33110 520010 -4200 -33120 520010 -4200 -33130 520010 -4200 -33140 Michael'Barrera, Assistant Director of Financial Services FY -07/08 $8,507 63,373 63,377 9,192 5 Total $149,997 Z O 01 A co N P. 0 W 0 0 -o - 0 (0Q0 �Oc " 0 u; 0 7 et N O y. rt 2 7 7 (w 0 0 �o CO c7 o> Q0 o(3(��•c° C a ca CO 0 0 0 7 H CO (D < 7 jot 0) N Cr v m CD ym C pd .0 CD X (OD —(n 3 0 7 "O 7 7 N^ O = o a o a O Zn N pj n = 7 0 CD ..Cn 3N T 7 aD) ac) c:v oc�iv Er �a a� yam CD U= 0 0 v 0 D) 5( 0 c m 7 d ET ' `< 7 7 a; - '.'. .7. 3 7 a _7 o'= oop wt co 0 0(o a m m Z n o -, .� 7 0 .O. W co N' a O 'O N Q 3 0 N 3 T' — W O a (D co N W ,OZ. 7 n 0 N j a `� 2 0 3 a N 21 - 0 -O N 7c a W (D (Op d 0 C v C) ' a S 7C N N .0 (0 M Q(D v H N 3 O 7' N -31 Ci j n= 3 (D 0) 0 �a co D0 O `� a O (0 f 7 o 3n m do Z c; 5" F). C13 * m .gym (D 0 �v CD Q 0 y m 13 0 77'a 3 7Cn w N o3m m /D O D) N 01 0) O m N a O 0 7 L N 0 m ' m 3 m -I m 0) "' O O 5 d a (D co R. n O n co V � co • Na 0) 0) N 7 D) 01 N 0 0 (D (D 7 0 3 (D N N co D0) j CD CD 7 3 N N N N D) a N 8 N a C. O 7 CO -4 0) V Vy °_. m 01 01 01 01 0 7 'O O O O O V 0 O O O O O sN N 6 0 a' a 0 0 c 3 0 A 7 O a A -+ FIT O -4 V O A O V V 01 01 V O 0 0 O O O O O O O 0019619£1•$ NOIlditOSRO c z_ C 0 eapd pepue ;x3 cn Dm Z z rO mz �n m Cn C0W -0 C) OCC C m c) Z 7) = OT rOcnn cop 073 (a7 !?) 13 0 2 Ogwn OFOT co p Z c XJO — �D NO O O co co m CO 0zo N H AOco m(nr C CI 5 Z -1 m 4 Requested Council Action: 10/21/08 Alternate Council Date: 10/28/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $403,716.87 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. ■***************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: Required Council Action: The U.S. Department of Homeland Security awards annual grants to the State of Texas, who then award sub - recipient grants to local jurisdictions. The current grant was accepted by the City Council on November 13, 2007. The purchase of this specialized equipment requires Council approval due to the associated dollar amount. In order that the City assure compliance with the State Purchasing Act and City policies relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. Previous Council Action: On November 13, 2007 the City Council accepted a State Homeland Security Grant in the amount of $1,389,430 from the Office of the Governor's Division of Emergency Management, for the purchase of specialized equipment and training. Funding: Fire Grant Fund - 520100 -1062- 00000 - 820746 520090- 1062 - 00000 - 820747 520090- 1062 - 00000 - 820748 Michael Barrera Assistant Director of Financial Services -13- Total: $139,731.27 200,739.70 63,245.90 $403,716.87 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 10/21/08 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $257,801.80 from the Texas Department of Transportation (TXDOT) for Years 2 and 3 of the Comprehensive Selective Traffic Enforcement Project (STEP) in the Police Department for overtime Driving While Intoxicated (DWI) and Speed enforcement with a City match of $114,175.02 and to execute all related documents. B. Ordinance appropriating $257,801.80 from the Texas Department of Transportation (TXDOT) for funding for Years 2 and 3 of the Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an emergency. ISSUE: TXDOT is providing funding to continue the overtime DWI and Speed enforcement grants in the Police Department for 2010 and 2011. BACKGROUND INFORMATION: The grant provides overtime funding for DWI and Speed enforcement across the City with varied days of the week and hours of operation. PREVIOUS COUNCIL ACTION: The Council accepted and appropriated Year 1 of the grant on September 16, 2008. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. FUNDING: Officers will be working on an overtime basis, with the City providing $78,425.02 for fringe benefits and $35,750 for mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: TXDOT grant agreement —17— B. P. Smith Chief of Police Texas Traffic Safety eGrants Fiscal Year 2009 Organization Name: City of Corpus Christi Police Department Legal Name: City of Corpus Christi Payee Identification Number: 17460005741000 Project Title: STEP 2009 Comprehensive ID: 2009 - CorpusPD- S- MYG -Yr1 -0203 Period: 10/01/2008 to 09/30/2009 Page 1 of 45 -18- City of Corpus Christi STEP 2009 Comprehensive TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government. AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2009. Project Title: STEP 2009 Comprehensive Grant Period: This Grant becomes effective on 10/01/2008 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2011 unless terminated or otherwise modified. Total Awarded: $556,177.38 Amount Eligible for Reimbursement: $402,871.05 Match Amount: $153,306.33 2009 - CorpusPD- S- MYG -Yr1 -0203 Printed On: 8/28/2008 -19- Page 2 of 45 City of Corpus Christi STEP 2009 Comprehensive TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she /he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission City of Corpus Christi [Legal Name of Agency] By: [Authorized Signature] By: [District Engineer Texas Department of Transportation] [Name] [Name] [Title] [Title] Date: Date: Under the authority of Ordinance or By: Resolution Number (for local government): (If Applicable) Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) [Resolution Number] Date: 2009-CorpusPD-S-MYG. Yr1 -0203 Printed On: 8/28/2008 Page 3 of 45 City of Corpus Christi STEP 2009 Comprehensive YEAR LONG DWI I " Speed F OP F ITC WAVE 1 DWI fl Speed OP Program Element Selection DWI: Driving While Intoxicated Speed: Speed Enforcement OP. Occupant Protection (Safety Belt and Child Safety Seat) ITC: Intersection Traffic Control Jurisdiction wide (DWI enforcement effort must be focused at locations where there is an over - representation of alcohol - related crashes and /or DWI arrests) Jurisdiction wide (Speed enforcement should be focused on areas where there is at least a 50% noncompliance with the posted speed limits and /or a higher number of speed - related crashes) Jurisdiction wide CMV Speed, OP CMV: Commercial Motor Vehicle; HMV: Hazardous Moving Violations and HMV Note: If a DWI component is selected above, an SFST letter is no longer required to be submitted with the proposal. 2009 - CorpusPD- S- MYG -Yr1 -0203 Printed On: 8/28/2008 —21— Page 4 of 45 ORDINANCE APPROPRIATING $257,801.80 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR FUNDING FOR YEARS 2 AND 3 OF THE COMPREHENSIVE SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) IN 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 $257,801.80 is appropriated from the Texas Department of Transportation for funding for Years 2 and 3 of the Comprehensive Selective Traffic Enforcement Project (STEP) in No. 1061 Police Grants Fund; and declaring an emergency. 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, this the day of October, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Approved as to form October 7, 2008 T. Tnsha Dang Assistant City Attomey For City Attomey Henry Garrett, Mayor —22— 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 Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -23- 6 AGENDA MEMORANDUM City Council Action Date October 21. 2008 AGENDA ITEM: Item A: AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $748,018 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, BASED ON AN $11.55 REIMBURSEMENT FOR EACH PARTICIPANT SERVED, AND TO EXECUTE ALL RELATED DOCUMENTS. Item B: APPROPRIATING A GRANT OF $748,018 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, BASED ON AN $11.55 REIMBURSEMENT FOR EACH PARTICIPANT SERVED; AND DECLARING AN EMERGENCY. ISSUE: The Bureau of Clinical and Nutrition Services, Department of State Health Services (DSHS), provides funding for supplemental food vouchers, and nutrition education at no cost to low income pregnant and postpartum women as well as infants and children. This program is known as the Women, infants and children (WIC) program. Services are performed in accordance with the terms and specifications of the DSHS and the United States Department of Agriculture (USDA). Based on a reimbursement of $11.55 for each participant, the attached budget reflects the operational needs of the WIC program for fiscal year 08 -09. This is a non - competitive grant with neutral budget impact. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding for FY07 -08. FUNDING: No match funding required. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve and appropriate funding for the continuation of nutritional and individual counseling services to low income women, infants, and children. —27— Anne Rodriguez, MP Interim Director of Health BACKGROUND INFORMATION The special supplemental nutrition program for women, infants, and children (WIC) is a health and nutrition program that is successful in improving the diets of infants, children, and pregnant, postpartum, and breastfeeding women who are eligible for the program through low income and nutrition - related risks. This item renews the current contract with the Department of State Health Services to provide services to low income women, infants, and children. The contract will begin on 10/01/08 through 09/30/09. The main goal of the WIC Program is to educate mothers about proper nutrition for their babies and young children. The WIC Division serves an average of 5,400 WIC clients per month. —28— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $748,018 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, BASED ON AN $11.55 REIMBURSEMENT FOR EACH PARTICIPANT SERVED, AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $748,018 from the Texas Department of State Health Services to provide for the Women, Infants, and Children (WIC) Program, based on an $11.55 reimbursement for each participant served, and to execute alf related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 10, 2008 a. L.41# Elizabj R. Hundley Assist • t City Attorney for the City Attorney EHres227.doe -29- 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 G. Leal John E. Marez Nelda Martinez Michael McCutchon -30- AN ORDINANCE APPROPRIATING A GRANT OF $748,018 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE FOR THE WOMEN, INFANTS, AND CHILDREN PROGRAM, BASED ON AN $11.55 REIMBURSEMENT FOR EACH PARTICIPANT SERVED; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant from the Texas Department of State Health Services, in the amount of $748,018, is appropriated in the No. 1066 Health Grants Fund to provide for the Women, Infants, and Children (WIC) Program, based on an $11.55 reimbursement for each participant served. This funding is provided for the period beginning October 1, 2008, and ending September 30, 2009. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 10, 2008 1 iza >: h R. Hundle Assis ant City Attorney for the City Attorney EHord247.doc -31- Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Rummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord247.doc —32— DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2009 - 030102 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of' the State of Texas, and CORPUS CHRISTI- NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(sl. The total amount of this Contract is $748.018.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 10/01/2008 and ends on 09/30/2009. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract. The Contract consists of the following. a. Core Contract (this document) b. Program Attachments: 2009 - 030102 -001 NSS -WIC LOCAL AGENCY -NOIMM c. General Provisions (Sub- recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. —33— 9264R -1 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. —34— OIAAQ_1 By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: By: Signature of Authorized Official Signature Date Bob Bumette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (512) 458-7470 Bob.Bumette @dshs.state.tx.us 9264R -1 Telephone Number E -mail Address for Official Correspondence as tofontq rrr;.r 'k -Elizabeth t a icl tai Assistant City Attomey For City Attorney —35— 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2008 AGENDA ITEM: Item: A MOTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A TWO - YEAR CONTRACT WITH THE DEPARTMENT OF STATE HEALTH SERVICES FOR THE ADMINISTRATION OF DUTIES PERFORMED BY THE VITAL STATISTICS PROGRAM OF THE HEALTH DEPARTMENT AND FOR THE PAYMENT OF RECORD FEES DUE TO THE STATE. ISSUE: This contract formalizes an agreement between the Department of State Health Services and the City of Corpus Christi to provide the city with access to the state's database of Vital Records. The city's office of Vital Statistics will be able to print copies of vital records as certificates for consumers and will pay $1.83 to the state for each record printed. The city, in turn, collects a fee from the consumer for the issued certificate. REQUIRED COUNCIL ACTION: APPROVAL OF THE CONTRACT. PREVIOUS COUNCIL ACTION: COUNCIL APPROVED FUNDING FY06 TO FY08 CONCLUSION AND RECOMMENDATION: RECOMMEND CITY COUNCIL TO AUTHORIZE THE CONTRACT. l iS irk �a�j , � #' Annette Rodriguez, M.P.H. o ' Interim Director of Public Health —39— BACKGROUND INFORMATION The Office of Vital Statistics is administered by the Health Department. During the fiscal years 2007 and 2008, there were a total of 40,238 birth certificates and 44,488 death certificates issued by this office. In order to issue these certificates, there must be access to the State's database of vital statistics information. This contract formalizes an agreement to provide this access. The fee of $1.83 per record is unchanged from that which has been charged previously by the State. In addition to the fees paid to the State, the City agrees to maintain documentation of certificates generated and to purchase supplies and equipment necessary to print the certificates. The cost of printing the certificates and paying the $1.83 fee to the State is offset by the fees charged to the consumer. The current fee for a birth certificate is $23.00 and a death certificate is $21.00. These fees are set by the State. This contract begins September 1, 2008, and ends August 31, 2010. -40- DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2009 - 028839 -001 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Performing Agency), an agency of the State of Texas, for DSHS Program Vital Statistics Unit and CITY OF CORPUS CHRISTI (Receiving Agency), a Government Entity, (collectively, the Parties). 1. Purpose of the Contract. Performing Agency agrees to provide and Receiving Agency agrees to purchase the services and/or goods as described in this Contract. 2. Total Amount of the Contract. The total amount of this Contract shall be determined by the number of birth certificates printed as a result of searches of the database. 3. Term of the Contract. This Contract begins on 09/01/08 and ends on 08/31/2010. The Parties are not responsible for performance under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 4. Authority. Performing Agency enters into this Contract under the authority of Health and Safety Code, Chapter 1001. If this is an interagency, contract authority is also granted through the Texas Government Code, Interagency Cooperation Act, Chapter 771 et seq. If this contract is an interlocal, contract authority is also granted through the Texas Government Code, Interlocal Cooperation Act, Chapter 791 et seq. 5. Documents Formine Contract. The Contract consists of the following. a. Core Contract (this document) b. Exhibits, if applicable Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by Performing Agency and Receiving Agency and incorporated herein through written amendment. This Contract may be modified within the Contract period by written amendment signed by both Parties. 6. Statement of Work. Performing Agency agrees to provide on -line computer services in support of Receiving Agency from 7:00 a.m. to 6:00 p.m. Monday thru Friday, except holidays. In the event of an emergency or computer application error, Performing Agency may temporarily suspend services without advance notice. —41— 92648 -1 Receiving Agency will search Performing Agency databases, locate data, and issue Certifications of Vital Records to authorized individuals requesting such data. The certifications will be in a format formally approved by Performing Agency. No limit will be established on the number of searches per month not resulting in issuance of a certification, provided the number is reasonable. Receiving Agency will acquire the necessary data processing equipment, communications, hardware or software, and purchase "bank note" paper, as specified by Performing Agency. Performing Agency will assist in connection of the equipment, furnish software program and provide technical assistance, if necessary. Receiving Agency acknowledges that records may not be located in the searching process instituted by Receiving Agency or records, which are located, may have errors due to: A) normal key -entry errors in spellings; B) accidental failure on the part of the Performing Agency to update a file for an amendment or paternity determination; and C) the event year does not exist on the system. Receiving Agency will notify Performing Agency in writing, at least monthly of errors or suspected errors that exist on the data base information. Receiving Agency is to maintain an inventory control and account for each document produced on "bank note" paper, including voided documents. Receiving Agency is responsible for maintaining a system of vital record keeping that is in accordance with Chapters 195 of the Health and Safety Code and the regulations adopted there under. 7. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by DSHS or goods provided under this Contract: Name: Department of State Health Services Address. 1100 West 49th Street Austin, Texas 78756 -3199 Vendor Identification Number: 35375375371000 8. Payment Method. Fee for Service Receiving Agency agrees to reimburse Performing Agency $1.83 (One Dollar and 83/100) for each Certification of Vital Record printed as a result of searches of the database. —42— 92648 -1 Receiving Agency agrees to charge the same base search fee for a birth certificate as Performing Agency. Additional fees may only be charged as authorized by Texas Health and Safety Code 191. 9. Billine Instruction. Performing Agency will submit a monthly itemized billing showing the number of transactions by date to Receiving Agency and payment will be made no later than thirty (30) days following the billing date. Payment will be considered made on the date postmarked. 10. Confidentiality. Parties are required to comply with state and federal laws relating to the privacy and confidentiality of patient and client records that contain Protected Health Information (PHI), or other information or records made confidential by law. Receiving Agency will maintain sufficient safeguards to prevent release or disclosure of any information obtained hereunder to anyone other than Receiving Agency employee(s) or those who have an official need for the information and are authorized to receive such records. Receiving Agency further agrees records obtained and issued, as specified under this contract, will be used for purposes as herein set out and the use of these records or data for other purposes must be agreed to in writing by both parties. 11. Security of Patient or Client Records. Receiving Agency agrees that all data received from Performing Agency shall be treated as confidential, and ensure all information provided to outsourced entities remains confidential and utilized as specified in any pertinent written agreements. Data will not be used for any purpose other than that specifically set forth herein. Data will not be made available to any other individual or organization without proper consent. Data will be maintained to prevent unauthorized access and will not be used to track back to any individual or organization identified by the data. Receiving Agency agrees to implement all reasonable and necessary procedures to ensure that only authorized users will have access and will notify Performing Agency immediately should it detect a security violation by one of its employees or any other person. Receiving Agency is responsible for insuring that authorized Receiving Agency employee(s) use only their own individual passwords while logged into Performing Agency on -line computer applications. Performing Agency will inactivate any individual who does not use their account for ninety (90) days. Receiving Agency shall notify Performing Agency of all branch locations. 12. Suspension of Services Under This Contract. In the event of an emergency or computer overload, Performing Agency may temporarily suspend services without advance notice. This Contract may be immediately suspended upon reasonable suspicion by Performing Agency that the terms of this Contract have been violated. Performing Agency further reserves the right to terminate this Contract if, after reasonable notice and investigation, it is concluded that a violation of this Contract has occurred. 13. Liability for Harm. It is expressly understood that Performing Agency makes no guarantee of accuracy regarding the data provided to Receiving Agency under this contract. 14. Termination. This Contract may be terminated by mutual agreement of both parties. Either party may terminate this Contract by giving 30 day's written notice of its intent to terminate. 92648 -1 —43— Written notice may be sent by any method, which provides verification of receipt, and the 30 days will be calculated from the date of receipt. This Contract may be terminated for cause by either party for breach or failure to perform an essential requirement of the Contract Performing Agency reserves the right to limit or cancel access under this Contract should Performing Agency determine that is has insufficient capacity in its computer system to maintain current levels of transactions by Receiving Agency and/or that continued access by Receiving Agency is detrimental to the overall efficiency and operation of Performing Agency's computer systems. Any such limitation or termination of services will be upon written notice to Receiving Agency by Performing Agency. Upon termination of all or part of this Contract, Department and Receiving Agency will be discharged from any further obligation created under the applicable terms of this Contract except for the equitable settlement of the respective accrued interests or obligations incurred prior to termination. 15. Terms & Conditions. A. Federal and State Laws, Rules and Ordinances. Parties shall comply with all applicable federal and state statutes, rules and regulations. B. Applicable Contracts Law and Venue for Disputes. Regarding all issues related to contract formation, performance, interpretation, and any issues that may arise in any dispute between the Parties, the Contract shall be governed by, and construed in accordance with, the laws of the State of Texas. In the event of a dispute between the Parties, venue for any suit shall be Travis County, Texas. C. Exchange of Client- Identifying Information. Except as prohibited by other law, Receiving Agency and Performing Agency shall exchange Public Health Information (PHI) without the consent of clients in accordance with 45 CFR § 164.504(e)(3)(i)(B), Health and Safety Code § 533.009 and Rule Chapter 414, Subchapter A or other applicable law or rules. Contractor shall disclose information described in Health and Safety Code § 614.017(a)(2) relating to special needs offenders, to an agency described in Health and Safety Code §614.017(c) upon request of that agency, unless Contractor documents that the information is not allowed to be disclosed under 45 CFR Part 164 or other applicable law. D. Records Retention. DSHS shall retain records in accordance with the Department's State of Texas Records Retention Schedule, located at http: / /www.dshs.state.tx.us /records /schedules.shtm, Department Rules and other applicable state and federal statutes and regulations governing medical, mental health, and substance abuse information. E..Severability and Ambiguity. If any provision of this Contract is construed to be illegal or invalid, the illegal or invalid provision will be deemed stricken and deleted to the same extent and effect as if never incorporated, but all other provisions will continue. Parties represent and agree that the language contained in this Contract is to be construed as jointly drafted, proposed and accepted. —44— 92648 -1 F. Legal Notice. Any notice required or permitted to be given by the provisions of this Contract shall be deemed to have been received by a Party on the third business day after the date on which it was mailed to the Party at the address first given above (or at such other address as the Party shall specify to the Receiving Agency in writing) or, if sent by certified mail, on the date of receipt. G. Immunity Not Waived. THE PARTIES EXPRESSLY AGREE THAT NO PROVISION OF THIS CONTRACT IS IN ANY WAY INTENDED TO CONSTITUTE A WAIVER BY DEPARTMENT OR THE STATE OF TEXAS OF ANY IMMUNITIES FROM SUIT OR FROM LIABILITY THAT DEPARTMENT OR THE STATE OF TEXAS MAY HAVE BY OPERATION OF LAW. H. Waiver. Acceptance by either party of partial performance or failure to complain of any action, non - action or default under this Contract shall not constitute a waiver of either party's rights under the Contract. I. Breach of Contract Claim. The process for a breach of contract claim against the Department provided for in Chapter 2260 of Texas Government Code and implemented in the rules at 25 TAC § §1.431 -1.447 shall be used by Performing Agency and Receiving Agency to attempt to resolve any claim for breach of contract made against Performing Agency. J. Inspections. Receiving Agency shall permit authorized Performing Agency personnel, during normal working hours, to conduct site visits and review such records as needed to ascertain compliance with the terms of this contract. K. Voided Records. To ensure compliance with Texas Administrative Code 181.24 Abused, Misused, or Flagged Records, Performing Agency is asking all Local office staff to be prudent in reviewing and checking record information on the computer screen prior to printing. The State Vital Statistics Unit does not honor nor encourage what some may consider "courtesy or free copies ". All documents printed via the remote access system are considered legal and viable documents. Every time a specific record is printed, it is counted. Once a record has been printed 10 times, it can no longer be issued without authorization from the State Vital Statistics Unit Office. Records printed by accident should be reported to the Security Manager to reset the lifetime count. The State Vital Statistics Unit is not responsible for. printers not being turned on, printing to wrong printer, printers not working properly, the accidental printing of a wrong record. In order to reset the lifetime count of a customer, Receiving Agency must notify Performing Agency Security Manager in writing to clear voided records from the remote access system's customer lifetime counts and the original voided certificate must be sent into the State Vital Statistics Unit Office. L. Credits. 92648 -1 —45— Performing Agency will handle credit requests on a case -by -case basis. Credits may be considered in those cases of emergency situations, i.e., equipment and systems failures or inclement weather. Receiving Agency shall submit these requests in writing along with pertinent documentation to provide justification to the State Registrar and/or designee for approval. Performing Agency will provide written documentation to the Receiving Agency on the status of the approval of credit requests. 16. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES By: Signature oTAuthorized Official Date 3111 f6 Bob Bumette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET CITY OF CORPUS CHRISTI By: Signature Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (512) 458-7470 Bob.Burnette@dshs.state.tx.us 92648 -1 Telephone Number E-mail Address for Official Correspondence —46— Eliza Y'° -.'undley Ass . City Attomey For City Attomey 8 AGENDA MEMORANDUM City Council Action Date: October 21, 2008 AGENDA ITEM: Item: ORDINANCE APPROPRIATING $625,409 FROM THE ESTIMATED PROGRAM INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS STATE FISCAL YEAR 2008 -2009 PROGRAM INCOME TO FUND LABORATORY AND PUBLIC HEALTH SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2008, THROUGH AUGUST 31, 2009; AND DECLARING AN EMERGENCY. ISSUE: The Corpus Christi - Nueces County Public Health District receives funding from the Department of State Health Services (DSHS) for various public health services. As a result of this support, fees that are charged must be prorated to determine the percentage of revenues that were generated using State /Federal funds. The State /Federal supported revenues are deemed Program Income (PI). PI earned during the State fiscal year (September 1 — August 31) must be spent during that year or returned to the State. PI earned is to be used to supplement local funds for public health services. Staff reviews actual earnings and projected earnings to recommend an annual appropriation to cover expenditures. Expenditures have included laboratory and nursing supplies, communications equipment, and staff training. Planned expenditures for FY 2008 -2009 includes supplies, minor equipment, contractual services, training, and computer equipment for the laboratory, and nursing programs. REQUIRED COUNCIL ACTION: Authorize an appropriation of $625,409 for FY 2008- 2009 Program Income. PREVIOUS COUNCIL ACTION: Council approved funding FY07 -08 FUNDING: There are no match funds required. CONCLUSION AND RECOMMENDATION: Recommend that the ordinance be approved to provide a continuation of public health services to our community. —49— iAaa / a to /f Annette Rodriguez, MPH Interim Director of Health BACKGROUND INFORMATION The Corpus Christi - Nueces County Public Health District receives funding from the Texas Department of State Health Services (DSHS) to provide various public health services. The DSHS requires that revenues collected must be prorated to determine the percentage of revenues that were generated using State /Federal funds. The State /Federal supported revenues are deemed Program Income (PI). PI earned is to be used to supplement local funds for public health services. Private Vaccine (PI) in the amount of $104,333 is used to purchase yellow fever, Hepatitis A, Hepatitis B, other vaccines, training and other needed supplies. Immunization (PI) in the amount of $134,972 is used to purchase medical supplies, training for staff and other needed supplies. Sexually Transmitted Disease (STD) (PI) in the amount of $20,000 is used for medication, outreach, training and other needed supplies. Family Planning (PI) in the amount of $10,400 is used for medical supplies and other needed supplies needed to operate the Family Planning program. Laboratory and Medicaid Billing Combined (PI) in the amount of $152,000 is used for reagents, equipment and other laboratory supplies. Tuberculosis (TB) (PI) in the amount of $40,000 is used for medical supplies, x -ray machine maintenance agreement and other needed supplies to operate the Tuberculosis clinic. Medicaid (P1) in the amount $163,704 is used to enhance the programs in which the program income was generated. —50— 69 to to Fn 69 69 e O O 69 69 1 Vs LA ) O t O >000000000000C U VI 0 O In A V O UI A O N LA W V O VI W 0 VI lA W 0 W V. lA W 0 N IA W O N IAA W O N LA W O 1.4 LA W O^ V IA nnnncc I ) VI > N 7 0 > 7 0 LA lA N 0 0 In N 0 0 lA N 0 0 00 N 0 0 0 IA N 0 0 0 V1 N 0 0 0 IA N 0 0 0 U N 0 0 0 VI N 0 0 0 Acct 005$<luawdmbp nalndwo. tner equipment >51000 'O . 3 ; m OO travel _ y F c w 00 0 d °p Membership & Dues tO ' a m R o S Z° _. N c ag 2 ? Pi a W w ° Unice Supplies Minor tools & Equipment <$1000 Minor tools & Equipment <$1000 Minor tools & Equipment <$500 Food & toodsupplies O I fn rw y s co G 0 v 9 y Acct*! Description 0 0 2,000 I IA W O 2,000 O 0 O 0 0 0 0 O 0 0 0 0 O O 0 0 0 0 O 0 N th 0 0 0 500 82,600 Private Vaccine 830201 O 0 O r 0 0 20,000 I W O 0 �-• O 0 r N 0 W O 0 V In 0 N O 0 r O 0 3,0601 7,000 .-- N 0 N In 0 VI O 0 N O 0 O i N �- 0 0 �-• �-• 0 0 0 0 r U 0 N N 0 A O 0 W O 0 30,000 Immunization 830209 4,500 C . 0 0 n 0 0 008 7,000 0 0 t„ 0 0 o 0 0 A. 0 0 0 0 loot 4,000 A 0 0 W 0 0 N O 0 0 W O Co 0 N 0 tA 3,0001 2,000 250 800 30,000 0 28.000 0 0 0 N 0 0 0 0 0 O 0 0 0 0 0 in 0 0 0 0 N O 0 0 0 0 0 J N 0 0 N V IA 0 3.000 1 713 830559 5,000 I N O O o o 0 O 0 0 N O O -O 0 0 VI 0 0 3.000 O O 0 0 to O 0 0 "co VI 0 0 1 20.000 In to 0 o In VI O V 0 0 0 A 2,000 1000 40.000 N 00 0 O W O 0 O W O 0 0 r 0 0 O LA O 0 O r O 0 O 0 0 O A j b 0 0 2.000 NJ O 0 0 to 0 0 2,000 1.500 N N O O 0 0 O O 008 N 0 O 0 0 'I 69 00 00 0 0 0 69 P 0 0 0 69 T N 0 0 O 69 N VI 0 0 0 69 N N tA 14 W 69 N 0 0 69 VI 0 0 0 69 N W .o 0 0 0 69 r 0 0 0 69 W 0 0 0 69 W 0 0 0 69 N O N 9 Ski 69 Oo A -+ 69 A 0 O C 69 r V 0 O O 69 A IA 0 0 0 69 ON W 10 N 69 .l 0 0 0 69 69 V 00 0 0 0. 0 A 69 69 _ •p O O� iA 0 0 0 0 69 cn i✓ to 0 69 A 0 0 69 0 0 O 0 m_ AN ORDINANCE APPROPRIATING $625,409 FROM THE ESTIMATED PROGRAM INCOME REVENUE IN THE NO. 1066 HEALTH GRANTS FUND AS STATE FISCAL YEAR 2008 -2009 PROGRAM INCOME TO FUND LABORATORY AND PUBLIC HEALTH SERVICES FOR THE PERIOD OF SEPTEMBER 1, 2008, THROUGH AUGUST 31, 2009; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Estimated program income revenue, in the amount of $625,409, is appropriated in the No. 1066 Health Grants Fund as State fiscal year 2008 -2009 program income to fund laboratory and public health services for the period of September 1, 2008, through August 31, 2009. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 3, 2008 Elizabeth R. Hundley' Assistant City Attorney for the City Attorney EHord245 revd.doc —52— Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord245 revd.doc -53- 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2008 AGENDA ITEM: A. Resolution authorizing the City Manager or designee to execute all documents necessary to accept the $150,000 grant from the U.S. Department of Justice (DOJ), Office of Justice Programs for support of the Corpus Christi Southeast (Flour Bluff) Weed and Seed Community, for FY 2008 -2009. B. Ordinance appropriating $150,000 from the U.S. Department of Justice, Office of Justice Programs in the No. 1067 Federal /State Grant Fund for support of the Corpus Christi Southeast Weed and Seed Community for FY 2008 -2009; and declaring an emergency. ISSUE: The City of Corpus Christi has been awarded a $150,000 grant from the U.S. Department of Justice, for the Corpus Christi Southeast (Flour Bluff) Weed & Seed Community. The Weed & Seed Program federal grant must be renewed annually to continue its current strategy. For the past ten years, Council has granted authorization to accept and appropriate the Department of Justice funds for the Weed and Seed Program. The grant period is from 10/01/2008 to 09/31/2009. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. FUNDING: U.S. Department of Justice, for the continuation of the Weed & Seed Program. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. SallyG &v k,'Direct &r Parks an Recreation Attachment: Background Information and the Corpus Christi South -East Weed and Seed Community Map. —57— BACKGROUND INFORMATION Administration of the Weed and Seed Program was assigned to the Parks and Recreation Department on October 26, 1999. The Executive Office for Weed & Seed directed The City of Corpus Christi to insure 50% of the budget went to the Law Enforcement side of the program. This Corpus Christi Southeast (Flour Bluff) Weed & Seed Community grant in the amount of $150,000 will be used for the support of the Weed & Seed Program from the U.S. Department of Justice (DOJ). It will be dispensed per guidance from the DOJ as follows: $75,000 for CCPD weeding efforts and $75,000 for seeding efforts. Our Site I North and Site II West Communities have now been terminated after 10 years of service to the City of Corpus Christi and will not receive future funding. The Weed and Seed program is a comprehensive, multi- agency approach to combating violent crime, drug use and gang activity in high crime neighborhoods. The program is designed to "weed out" crime from targeted neighborhoods and then to "seed" these neighborhoods with a wide range of crime and drug prevention programs that includes human service agency resources. The four Weed and Seed major strategy components are as follows: Law Enforcement, Community Policing, Prevention, Intervention and Treatment and Neighborhood Restoration. —58— The City of Corpus Christi Weed & Seed Program What is Weed and Seed? The Weed & Seed program is a comprehensive, mufti-agency approach to combating violent crime, drug use, and gang activity in high -crime neighborhoods. Weed & Seed Goals The goal of the Weed & Seed program is to "weed out" crime, from targeted neighborhoods and then to "seed" the target communities with a wide range of crime and drug prevention programs and human service agency resources. Preventing crime from reoccurring and provide a safe environment, free of crime in which law- abiding citizens can live, work and raise their families. Weed & Seed Strategy The Corpus Christi Weed & Seed program supports four major strategies. 1. The Law Enforcement Strategy: Designed to reduce violent crime, drug trafficking and drug related crime in targeted neighborhoods. 2. The Community Policing Strategy: Designed to focus on increasing police visibility and developing cooperative relationships between the police and the citizens in the target areas. Creating a safe environment in which to live, work and raise a family. 3. The Prevention, Intervention and Treatment Strategy: Safe Havens, Law enforcement and social service agencies, and the community create an environment where crime cannot thrive by providing a broad array of human services, treatment referrals, drug and crime prevention programs, educational and recreational activities. 4. The Neighborhood Restoration Strategy: Involves Federal, State, Local, and Private sector resources converging on revitalized distressed neighborhoods through economic development and by providing economic opportunities for residents. —59— Weed & Seed Summary The Weed & Seed program is a partnership with the Department of Justice, the Community Capacity Development Office (CCDO) for Weed & Seed, the U.S. Attorney's Office, the Corpus Christi Police Department and the City of Corpus Christi. The City of Corpus Christi's Weed and Seed Program represents an ambitious attempt to improve the quality of life in Corpus Christi within targeted Sites. The Corpus Christi Police Department serves as the responsible party for the Weeding aspect of the program. CCPD continues to develop innovative efforts to help eradicate crime and its effects of gangs, drugs and violence within the neighborhoods. The Parks and Recreation Department Weed and Seed Program serves as the responsible party for the Seeding efforts. The strategy focuses on the implementation of programs that address the priority risk factors that have been identified throughout the city. Which are: 1) Family Management Problems and Family Conflict, 2) Extreme Economic Deprivation, 3) Early Academic Failure and Lack of Commitment to School, and 4) Early Intervention of the problem behavior. Geographic Location The City of Corpus Christi has been blessed with the opportunity of having three recognized Weed and Seed target communities during the past 12 years. The target communities have changed through the years. We now have two Graduated Sites which is one that can use the Weed and Seed name but receives no direct funding. Our first target community was designated as weed and seed site I North and our second was designated as our Site II West Community. We now have a new designated community called Corpus Christi South East Site (Flour Bluff) which encompasses censes tracks 30 and 31. Harold G. Smith Weed & Seed Program Director PO Box 9277, (1201 Leopard) Corpus Christi, Texas 78469 Phone: (361) 826 -3489 / 882 -1300 Cell: (361) 815 -7431 —60— Weed & Seed Program Map - Corpus Christi, Texas Corpus Christi South East Site -61- RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT THE $150,000 GRANT FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS, FOR SUPPORT OF THE CORPUS CHRISTI SOUTHEAST WEED AND SEED COMMUNITY, FOR FY 2008 -2009. 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 accept a $150,000 grant from the U.S. Department of Justice, Office of Justice Programs, for support of the Corpus Christi Southeast Weed and Seed Community, for FY 2008 -2009. 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: October 14, 2008 Lisa AguilSr' Assistant City Attorney For City Attorney —62— 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 —63— ORDINANCE APPROPRIATING $150,000 FROM THE U.S. DEPARTMENT OF JUSTICE, OFFICE OF JUSTICE PROGRAMS IN THE NO. 1067 FEDERALISTATE GRANTS FUND FOR SUPPORT OF THE CORPUS CHRISTI SOUTHEAST WEED AND SEED COMMUNITY, FOR FY2008 -2009; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $150,000 from the U.S. Department of Justice, Office of Justice Programs, is appropriated in the No. 1067 Federal /State Grants Fund for support of the Corpus Christi Southeast Weed and Seed Community, for FY 2008 -2009. 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 City Secretary APPROVED: October 14, 2008 Lisa Aguilar Assistant City Attorney for City Attorney Henry Garrett Mayor —64— 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 Hurnmell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -65- 10 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2008 AGENDA ITEM: A) A resolution authorizing the City Manager or designee to accept a grant of $31,000 from the Coastal Bend Council of Govemments and execute an interlocal agreement to provide recycling and anti -litter education. B) An ordinance appropriating a grant of $31,000 from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti -litter education; and declaring an emergency. ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application process requires approval of the acceptance resolution by the City Council. The grant must be accepted and the funds appropriated prior to spending grant proceeds. REQUIRED COUNCIL ACTION: Approval of resolution and ordinance as submitted. PREVIOUS COUNCIL ACTION: Authorization to submit grant applications was approved on June 24, 2008. CONCLUSION AND RECOMMENDATION: Approval of resolution and ordinance to appropriate funding as submitted. -69- /uc AVis, .. ! L awrence Mikolajczyk, Interim Director of Solid Waste Services BACKGROUND INFORMATION The Texas Commission on Environmental Quality (TCEQ) Grants are administered locally through the Coastal Bend Council of Governments (CBCOG). The purpose of the grant program is to provide funding for eligible local and regional municipal solid waste projects in support of the adopted regional solid waste managements plan for the CBCOG region. In Fiscal Year (FY) 2002 -2003, Solid Waste Services received a total of $125,000 for the following: $45,000 for Household Hazardous Waste Disposal costs, $55,000 for a Brush Loader, $10,000 for a Recycling Media/Outreach Program, $10,000 for a Household Hazardous Waste Media/Outreach Program, and $5,000 to publicize and increase participation in Stop Trashing Corpus Christi Community Clean-up events. In FY 2003 -2004, Solid Waste Services received a total of $56,932 for the following: $46,932 for Solid Waste Local Enforcement, and $10,000 for Litter and Illegal Dumping Cleanup programs. In FY 2004 -05, Solid Waste Services received a total of $38,619 for the following: $26,619 for Solid Waste Local Enforcement, $2,000 for Education and Training, and $10,000 for Litter and Illegal Dumping Cleanup Programs. In FY 2005 -06, Solid Waste Services received a total of $44,880 for the following: $10,000 for a Community Media Outreach campaign for the City's Anti -Litter Ordinance, $10,380 for a third year of funding for an Assistant Compliance Officer, $4,500 for the disposal of scrap tires collected during the City's Neighborhood Initiative Program, and $20,000 to purchase new collection units for the used oil and HHW storage modules for the new Collection/Transfer Station at the J.C. Elliott Landfill. In FY 2006 -2007, Solid Waste Services received a total of $15,000 for recycling and anti -litter education. In FY 2007 -2008, Solid Waste Services received a total $31,120 for the following: $25,000 for recycling and anti -litter education, and $6,120 for household hazardous waste education materials and guides. In FY 2008 -09, Solid Waste Services received a total of $31,000 to provide recycling and anti -litter education. Due to the common theme of education, the Texas Commission on Environmental Quality combined the City's two approved grants applications, one for $25,000 and one for $6,000, under one contract. —70— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT A GRANT OF $31,000 FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS AND EXECUTE AN INTERLOCAL AGREEMENT TO PROVIDE RECYCLING AND ANTI- LITTER EDUCATION. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $31,000 from the Coastal Bend Council of Governments and execute an interlocal cooperation agreement to provide recycling and anti -litter education. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: October 10, 2008 Eliz -t -th R. Hundle As ant City Attorney for the City Attorney EHres226.doc —71— 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 Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon —72— AN ORDINANCE APPROPRIATING A GRANT OF $31,000 FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS IN THE NO. 1051 SOLID WASTE GRANTS FUND TO PROVIDE RECYCLING AND ANTI - LITTER EDUCATION; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $31,000 from the Coastal Bend Council of Governments is appropriated in the No. 1051 Solid Waste Grants Fund to provide recycling and anti- litter education. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED: October 10, 2008 11/ 44.1 Eliza es R. Hundley Assis nt City Attorney for the City Attorney EHord248.doc —73— CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord248.doc -74- COASTAL BEND COUNCIL OF GOVERNMENTS SOLID WASTE GRANT INTERLOCAL AGREEMENT Misc. Education 09- 20 -G09 The Coastal Bend Council of Governments (COG) has received a grant through a contract with the Texas Commission on Environmental Quality, which authorizes COG to redistribute solid waste fees to support local and regional solid waste projects that are consistent with the regional solid waste management plan. This interlocal agreement is a subcontract of the COG's contract with the TCEQ. Funds for this agreement come from Solid Waste Disposal and Transportation Fees. The COG and the SUBCONTRACTOR certify that they have authority to perform the services contracted for by authority granted in The Interlocal Cooperation Act," Texas Government Code, Chapter 791. This Interlocal Agreement is entered into by and between the parties named below. Neither TCEQ nor the State of Texas is a party to this Contract. I. CONTRACTING PARTIES: The Council of Governments: Coastal Bend Council of Governments The SUBCONTRACTOR: City of Corpus Christi II. CONTRACT ADMINISTRATION PROVISIONS: See "Attachment A - General Contract Provisions" & "Attachment B - Special Contract Provisions" III. SERVICES TO BE PERFORMED: See "Attachment C - Work Program of SUBCON 1 RACTOR" & "Attachment D - Schedule of Deliverables from SUBCONTRACTOR" IV. BUDGET AND PAYMENT PROCEDURES: See "Attachment E - SUBCONTRACTOR Budget and Authorizations" COUNCIL OF GOVERNMENTS SUBCONTRACTOR Coastal Bend Council of Governments John Buckner Executive Director Date: 0lAa/an oP City of Corpus Christi Lawrence Mikolajczyk Acting Director, Streets and Solid Waste Date. Coastal Bend CnuryLofGovernments Elizapeth As&'stant City Attorney Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Table of Contents A. General Contract Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Article 13 Article 14 Article 15 Article 16 Article 17 Article 18 Article 19 Article 20 Article 21 Article 22 Article 23 Article 24 Article 25 Article 26 Article 27 Article 28 B. Special Contract Article 1 Article 2 Article 3 Article 4 Article 5 Article 6 Article 7 Article 8 Article 9 Article 10 Article 11 Article 12 Provisions Legal Authority Scope of Services Purpose Eligible Applicants/Recipients Responsibility of the Subcontractor Licenses, Permits and laws Uniform Grant and Contract Management Act Release of Claims Insurance and Liability Accounting Systems Audit/Access to Records Independent Financial Audit Changes Termination Severability Intellectual Property Equal Opportunity and Affirmative Action ADA Requirements Utilization of Small, Minority, and Women's Business Enterprises Energy Efficiency Standards Acknowledgment of Financial Support Data and Publicity Hazardous Substances, Waste Disposal, and Manifests Statues Relating to Nondiscrimination Oral and Written Agreements Safety and Protection Force Majeure Entire Contract Provisions Period of Performance Scope of Services Obligations Reporting Requirements Monitoring Requirements Title to and Management of Real Property and Equipment Compliance with Applicable Laws Types and Standards of Solid Waste Implementation Projects Supplemental Funding Standards Funds in the MSWDTRF Conflict of Interest Authorized Representatives Coastal Bend-L-719a of Governments 2 C. Work Program of SUBCONTRACTOR D. Schedule of Deliverables from SUBCONTRACTOR E. SUBCONTRACTOR Budget and Authorizations Coastal Bend CorTiLof Governments 3 Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement General Contract Provisions Attachment A Article 1 Legal Authority The SUBCONTRACTOR and COG shall conduct the activities funded under this agreement in accordance with all provisions of this agreement, including all applicable state and local laws, rules, regulations, and guidelines. The main governing standards include, but may not be limited to the following: (1) 361.014, TEX. HEALTH & SAFETY CODE; (2) 330.569 of the TCEQ Municipal Solid Waste Regulations (30 TAC Chapter 330); and (3) The Uniform Grant and Contract Management Act, TEX. GOVT CODE, 783.001 et. seq., and the Uniform Grant and Contract Management Standards, 1 Texas Administrative Code (TAC),5.141 et. seq. (collectively, UGCMA). Article 2 Scope of Services The services to be performed by the SUBCONTRACTOR are outlined in the General Contract Provisions (Attachment A), Special Contract Provisions (Attachment B), Work Program of SUBCONTRACTOR (Attachment C), Schedule of Deliverables from SUBCONTRACTOR (Attachment D), SUBCONTRACTOR Budget and Authorizations (Attachment E), and any Change Orders, which are later incorporated into and made a part of this Agreement, as if set out word -for- word this Contract (Agreement). Article 3 Purpose (a) The purpose of this Agreement is to accomplish the goals of 361.014(b), TEX. HEALTH AND SAFETY CODE, as they relate to distributing solid waste fee revenue funds to support local and regional solid waste projects consistent with the regional solid waste management plans approved by the TCEQ and to update and maintain those plans. (b) Under the overall goals of the funding program established under 361.014(b), TEX. HEALTH AND SAFETY CODE, the more specific purposes of this Agreement are: 1. To enable the COG to carry out or conduct various municipal solid waste management - related services and support activities within the COG's regional jurisdiction; and 2. To administer an efficient and effective, region -wide, pass - through (subgrantee) assistance grants program and/or, where authorized by the COG in accordance with Article 4 of this Attachment, to conduct various COG - managed projects. Coastal Bend,Cp8Qil of Governments A -1 Article 4 Eligible Applicants/Recipients (a) Eligible Pass - Through Grant Recipients. 1. Only those local and regional political subdivisions located within the State of Texas as listed below are eligible to receive funding from the COG as a pass - through grant: (1) Cities; (ii) Counties; (iii) Public schools and school districts (does not include universities or post secondary educational institutions); and (iv) Other general and special law districts created in accordance with state law, and with the authority and responsibility for water quality protection or municipal solid waste management, to include river authorities. (v) Council of Governments 2. Local and regional political subdivisions that are subject to the payment of state solid waste disposal fees and whose fee payments are in arrears, as determined by the TCEQ, are not eligible to receive pass - through grant funding from the COG. The TCEQ shall provide, on a quarterly basis, the COG a list of entities for which fee payments are in arrears. The COG shall allow a potential pass - through grant applicant that is listed as being in arrears in its fee payments the opportunity to provide documentation of payment of the fees owed the state. If the potential applicant provides the COG with documentation of payment of the fees, such as a canceled check or receipt from the state, the COG may consider that applicant to be eligible to receive pass - through grant funding under this agreement. The COG shall notify the TCEQ of any applicants for which a determination of eligibility was made under this Subsection with the list of' projects to be provided under the requirements set forth in Article 7.7.6 of TCEQ Contract No.582 -4- 65529. Article 5 Responsibility of the Subcontractor (a) The SUBCONTRACTOR shall be responsible for the professional quality, technical accuracy, timely completion, and the coordination of all services and other work furnished by the SUBCONTRACTOR under this Agreement, as set forth in Attachment C of this Agreement. (b) The SUBCONTRACTOR shall perform such services as may be necessary to accomplish the work required to be performed under this Agreement, in accordance with the COG and contractual requirements and any and all applicable law. (c) The COG may require the SUBCONTRACTOR to correct or revise any errors, omissions, or other deficiencies in any reports or services provided by the SUBCONTRACTOR to ensure that such reports and services fulfill the purposes of this Agreement. The SUBCONTRACTOR shall make the required corrections or revisions without additional cost to the COG. (d) Neither the COG's review, approval or acceptance of nor payment for any of the services shall be construed to operate as a waiver of any rights under this Agreement or of any cause of action Coastal Bend Geintof Governments A -2 arising out of the performance of this Agreement; and the SUBCONTRACTOR shall be, and remain, liable in accordance with applicable law for all damages to the COG including reasonable attorneys' fees and court costs caused by the SUBCONTRACTOR's negligent performance of any of the services furnished under this Agreement. (e) The obligations of the SUBCONTRACTOR under this Article are in addition to the SUBCONTRACTOR's other express or implied assurances under this Agreement or applicable law. (f) All contractual expenditures using funds provided under this Agreement shall meet all procurement laws and regulations applicable to the SUBCONTRACTOR and their subcontractors and the Uniform Grant and Contract Management Act and the Uniform Grant Management Standards. Note that competitive bidding will generally be required. (g) The SUBCONTRACTOR shall be responsible for the management and fiscal monitoring of all of their subcontractors and subgrantees. The SUBCONTRACTOR shall monitor its subcontractors and subgrantees as necessary to ensure that their subcontractors and subgrantees are operating consistently with applicable laws and regulations, applicable contracting policies, and this Agreement. The SUBCONTRACTOR shall ensure that their subcontractors and subgrantees comply with all record keeping and access requirements set forth in this Agreement. The COG reserves the right to perform an independent audit of all SUBCONTRACTORS subcontractors and subgrantees. The SUBCONTRACTOR, SUBCONTRACTORS subcontractors and SUBCONTRACTORS subgrantees shall maintain detailed records. Article 6 Licenses, Permits and Laws The SUBCONTRACTOR shall, except as otherwise provided in this Agreement, be responsible for obtaining any necessary licenses and permits, and for complying with any applicable Federal, State, and municipal laws, codes, ordinances, and regulations, in connection with the work required by this Agreement. Article 7 Uniform Grant and Contract Management Act The provisions of the Uniform Grant and Contract Management Act ( "UGCMA ") apply to this Agreement to the extent required by law. Article 8 Release of Claims Upon satisfactory completion of the work performed hereunder and prior to final payment under this Agreement for such work, or prior to settlement upon termination of this Agreement and as a condition to final payment/settlement, the SUBCONTRACTOR shall execute and deliver to the COG a release of all claims against the COG arising under or by virtue of this Agreement. Article 9 Insurance and Liability SUBCON TRACTOR shall maintain insurance coverage for work performed or services rendered under this contract as specified in the Special Provisions. SUBCONTRACTOR understands and agrees that it shall be liable to repay and shall repay upon demand to COG any amounts determined by COG, its independent auditors, or any agency of state or federal governments to have been paid in violation of the terms of this Agreement. Coastal BendCetcil of Governments A -3 Article 10 Accounting Systems The SUBCONTRACTOR shall have an accounting system which accounts for costs in accordance with generally accepted accounting standards or principles and complies with applicable State law, regulations, and policies relating to accounting standards or principles. The SUBCONTRACTOR must account for costs in a manner consistent with such standards or principles. Article 11 Audit/Access to Records (a) The SUBCONTRACTOR shall maintain and make available for review, inspection and/or audit books, records, documents, and other evidence reasonably pertinent to performance on all work under this Agreement, including negotiated changes or amendments thereto, in accordance with accepted professional practice, appropriate accounting procedures and practices at the SUBCONTRACTOR's office. The SUBCONTRACTOR shall also maintain and make available at its Texas office the financial information and data used by the SUBCONTRACTOR or its designee (including independent financial auditors) in the preparation or support of any cost submission or cost (direct and indirect), price or profit analysis for this Agreement or any negotiated subagreement or change order and a copy of the cost summary submitted to COG. The COG, Texas State Auditor's Office, or any of COG's duly authorized representatives, shall have access to such books, records, documents, and other evidence for the purpose of review, inspection and/or audit. During the conduct of any such review, audit or inspection, SUBCONTRACTOR's books, records, and other pertinent documents may, upon prior conference with the SUBCONTRACTOR, be copied by the COG or any of its duly authorized representatives. All such information shall be handled by the parties in accordance with good business ethics. The SUBCONTRACTOR shall provide proper facilities within the State of Texas for such access and inspection. (b) Audits conducted under this provision shall be carried out in accordance with State law, regulations and policy, and generally accepted auditing standards and established procedures and guidelines of the reviewing or audit agency(ies). (c) The SUBCONTRACTOR agrees to the disclosure of all information and reports resulting from access to records pursuant to Section (a) of this Article to COG. Where the audit concerns the SUBCONTRACTOR, the auditing agency will afford the SUBCONTRACTOR an opportunity for an audit exit conference and an opportunity to comment on the pertinent portions of the draft audit report. (d) Records under Section (a) of this Article shall be maintained and made available during the entire period of performance of this Agreement and until three (3) years from date of final COG payment for the project. In addition, those records which relate to any dispute, litigation, or the settlement of claims arising out of such performance, or costs or items to which an audit exception has been taken shall be maintained and made available until completion of such action and resolution of all issues which arise from it, or until the end of the regular three -year period, whichever is later. (e) Access to records is not limited to the required retention periods. The authorized representatives designated in Section (a) of this Article shall have access to records at any reasonable time for as long as the records are maintained. Coastal Bend c_o[Lof Governments A -4 (f) The right to audit and access to records Article applies to financial records pertaining to all subagreements and all subagreement change orders and amendments. In addition, this right of access applies to all records pertaining to all subagreements, subagreement change orders and subagreement amendments to the extent the records reasonably pertain to subagreement performance; if there is any indication that fraud, gross abuse or corrupt practices may be involved; or if the subagreement is terminated for default or for convenience. (g) The COG reserves the right to require the reimbursement of any over - payments determined as a result of any audit or inspection of records kept by the SUBCONTRACTOR on work performed under this Agreement. (h) The SUBCONTRACTOR shall include Sections (a) through (g) of this Article in all subagreements and all change orders directly related to project performance. Article 12 Independent Financial Audit The SUBCONTRACTOR shall adhere to the Single Audit requirements of the UGCMA. The SUBCONTRACTOR shall deliver to the COG each audit report within thirty (30) days of completion of the audit report. The SUBCONTRACTOR is responsible for including the Single Audit requirements in all subagreements and shall be responsible for insuring adherence to those requirements by all subgrantees and subcontractors. Article 13 Changes (a) A Major Change will include one or more of the following: (1) an increase or decrease in the amount of compensation to the SUBCONTRACTOR; (2) an extension or shortening of the term of the Agreement; (3) a significant change in the scope of the Agreement or the services to be performed; or (4) any action that is beyond the authority of the Executive Director or the Project Representative of the COG. (b) Implementation of a Major Change must be preceded by a formal written amendment to the Agreement. The amendment must contain a description of the proposed change. The amendment must be signed by persons authorized to bind each party in contract. Any amendment that will exceed the contractual authority of the Executive Director of the COG also requires the consent, at Agenda, of a majority of the CBCOG Governing Board. (c) Any proposed change that is not a Major Change may qualify as a Minor Change. In addition, a delay or change in the work resulting from inclement weather will be treated as a Minor Change. A Minor Change shall require the written agreement of both Project Representatives, but does not require .a formal amendment to the contract. A copy of the authorization must be retained in the appropriate file of both the SUBCONTRACTOR and the COG. (d) If the SUBCONTRACTOR requests a Minor Change and the Project Representative of the COG does not approve the request as a Minor Change, then the change shall be deemed a Major Change Coastal Bend cBt2G11 of Govemments A -5 and the SUBCONTRACTOR may only obtain authorization to proceed in accordance with Section (b) of this Article. (e) If the SUBCONTRACTOR makes any changes in personnel whose salaries are funded by this grant, SUBCONTRACTOR must give COG prior notification and obtain prior approval from COG. (f) Any alterations, additions, or deletions to the terms of this contract which are required by changes in Federal law or regulations are automatically incorporated into this Agreement without written amendment hereto, and shall become effective on the date designated by such law or regulation, provided if the SUBCONTRACTOR may not legally comply with such change, SUBCONTRACTOR may terminate its participation herein as authorized by Article 14. (g) COG may, from time to time, require changes in the Scope of the Services of the SUBCONTRACTOR to be performed under this Agreement. Such changes that are mutually agreed upon by and between COG and the SUBCONTRACTOR in writing shall be incorporated into this Agreement. Article 14 Termination (a) This Agreement terminates upon full performance of all requirements contained herein, unless extended in writing. (b) This Agreement may be terminated in whole or in part in writing by either party in the event of substantial failure by the other party to fulfill its obligation under this Agreement through no fault of the terminating party. Failure on the part of the SUBCONTRACTOR to comply with the conditions set forth in the agreement shall be the basis for termination of the agreement and/or the revocation of any unexpended or inappropriately expended funds. Provided that no such termination may be effected unless the other party is given: (1) not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate; and (2) an opportunity for consultation with the terminating party prior to termination. (c) This Agreement may be terminated in whole or in part in writing by the COG for its convenience: Provided that the SUBCONTRACTOR is given not less than ten (10) days written notice (delivered by certified mail, return receipt requested) of intent to terminate. (d) If termination for default under Section (b) of this Article or termination for convenience under Section (c) of this Article is effected by the COG, any payment due the SUBCONTRACTOR at the time of termination may be adjusted to the extent of any additional costs occasioned to the COG by reason of the SUBCONTRACTOR's default. The equitable adjustment for any termination shall provide for payment to the SUBCONTRACTOR for services rendered and expenses incurred prior to the termination, in addition to termination settlement costs reasonably incurred by the SUBCONTRACTOR relating to commitments which had become firm prior to the termination. (e) Upon receipt of a termination action under Sections (b) or (c) of this Article, the SUBCONTRACTOR shall: Coastal Bend Coil of Governments A -6 (1) promptly discontinue all services affected (unless the notice directs otherwise); and (2) deliver or otherwise make available to the COG all data, drawings, specifications, reports, estimates, summaries, and such other information and materials as may have been accumulated by the SUBCONTRACTOR in performing this Agreement, whether completed or in the process. (I) Upon termination under Sections (b) and (c) of this Article, the COG may take over the work and prosecute the same to completion by agreement with another party or otherwise. (g) If, after termination for failure of the SUBCONTRACTOR to fulfill contractual obligations, it is determined that the SUBCONTRACTOR had not so failed, the termination shall be deemed to have been effected for the convenience of the COG. In such event, adjustment of the price provided for in this Agreement shall be made as provided in Section (d) of this Article. (h) If any delay or failure of performance is caused by a FORCE MAJEURE event as described in the Article 27 of this Appendix, the COG may in its sole discretion terminate this Agreement in whole or part under this Article. Article 15 Severability All parties agree that should any provision of this Agreement be determined to be invalid or unenforceable, such determination shall not affect any other term of this Agreement, which shall continue in full force and effect. Article 16 Intellectual Property (a) For the purpose of this Article, "intellectual property" refers to 1) any discovery or invention for which patent rights may be acquired, and 2) any photographs, graphic designs, plans, drawings, specifications, computer programs, technical reports, operating manuals, or other copyrightable materials, and 3) any other materials in which intellectual property rights may be obtained. (b) Royalties and Patent Fees. The SUBCONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use or possession in the performance of the work or the incorporation in the work of any Intellectual Property. (c) Disclosure of Intellectual Property Produced during the work. The SUBCONTRACTOR shall promptly notify the COG of all Intellectual Property which the SUBCONTRACTOR, including its employees, subcontractors, or subcontractors employees may produce, either solely or jointly with others, during the course of this work. In addition, the SUBCONTRACTOR shall promptly notify the COG of all Intellectual Property to which the SUBCONTRACTOR may acquire rights in connection with the performance of the work. Any notification under this paragraph shall contain sufficient technical detail to convey a clear understanding of the Intellectual Property, and shall identify any publication, sale, public use, or impending publication. Promptly upon request, the SUBCONTRACTOR shall supply such additional information as the COG may request. (d) In performing work under this Agreement, the SUBCONTRACTOR shall comply with all laws, rules, and regulations relating to intellectual property, and shall not infringe on any third- parry's Intellectual Property rights. SUBCONTRACTOR further represents and warrants to COG that in the Coastal Bend sic8g4 J1 of Govemments A -7 course of performing the work it will not use or possess any Intellectual Property owned by a third party without paying any required royalty or patent fees. SUBCONTRACTOR warrants that it has full title in and ownership of the Intellectual Property and any enhancements, updates or other modifications, or that it has full power and authority to grant all licenses granted herein, and that such license use by the COG will in no way constitute an infringement or other violation of any Intellectual Property right of any third party. The SUBCONTRACTOR warrants that it shall have, throughout any applicable license term hereunder, free and clear title to, or the right to possess, use, sell, transfer, assign, license, or sublicense, products that are licensed or provided hereunder to the COG by the SUBCONTRACTOR. Except as permitted in the Agreement, SUBCONTRACTOR shall not create or permit the creation of any lien, encumbrance, or security interest in the work or any part thereof, or any product licensed or provided hereunder to COG for which title has not yet passed to COG, without the prior written consent of COG. SUBCONTRACTOR represents and warrants to COG that neither it nor any other company or individual performing the work is under any obligation to assign or give to any third party any Intellectual Property rights granted or assigned to COG, or reserved by COG, pursuant to the Agreement. It shall hold the COG harmless for, and to the extent permitted by the laws and Constitution of the State of Texas, defend, and indemnify the COG against, any claims for infringement related to its work under this Agreement. (e) Grant and License. With respect to such Intellectual Property as is (i) incorporated in the work (other than Intellectual Property for which COG already possesses equal or greater Intellectual Property Rights by virtue of this Agreement or otherwise), (ii) produced by SUBCONTRACTOR or SUBCONTRACTORS employees, subcontractors, or subcontractorOs employees during the course of performing the work, or (iii) specifically identified in the Supplemental Conditions as Intellectual Property to which Intellectual Property Rights are granted pursuant to this paragraph, SUBCONTRACTOR hereby grants to COG (i) a nonexclusive, perpetual, irrevocable, enterprise - wide license to reproduce, publish, or otherwise use such Intellectual Property and associated use documentation, and (ii) a nonexclusive, perpetual, irrevocable, enterprise -wide license to authorize others to reproduce, publish, or otherwise use such Intellectual Property for COGs purposes. (0 Modification; Derivative Works. COG shall have the right, in its own discretion, to independently modify any Intellectual Property to which license is granted herein for COGOs own purposes and use, through the services of its own employees or independent contractors. COG shall own all Intellectual Property to such modifications. SUBCONTRACTOR shall not incorporate any such modifications into its Intellectual Property for distribution to third parties unless it first obtains a license from COG. (g) SUBCONTRACTOR expressly acknowledges that state funds may not be expended in connection with the purchase of an automated information system unless that system meets certain statutory requirements under section 2157.005 of the Government Code, relating to accessibility by persons with visual impairments. Accordingly, the SUBCONTRACTOR represents and warrants to COG that the technology provided to the COG for purchase is capable, either by virtue of feature included within the technology or because it is readily adaptable by use with other technology, of (1) providing equivalent access for effective use by both visual and nonvisual means; (2) presenting information, including prompts used for interactive communications, in formats intended for nonvisual use; and (3) being integrated into networks for obtaining, retrieving, and disseminating information used by individuals who are not blind or visually impaired. For purposes of this paragraph, the phrase equivalent access means a substantially similar ability to communicate with or make use of the technology, either directly by features incorporated within the technology or by other reasonable means such as assistive devices or services which would constitute reasonable Coastal Bend CopfsiLof Governments A -8 accommodation under the Americans with Disabilities Act or similar state or federal laws. Examples of methods by which equivalent access may be provided include, but are not limited to, keyboard alternatives to mouse commands and other means of navigating graphical displays, and customized display appearance. (h) SUBCONTRACTOR will include in all subcontracts a provision similar in effect to the following year 2006 Warranty as set forth in the Section. (1) SUBCONTRACTOR also warrants that, with respect to work performed under this Agreement, that all work is Year 2006 Compliant when used in accordance with the applicable documentation, provided that all products used in combination with it (but not themselves included in or with or incorporated into the work) properly exchange date data with the work. SUBCONTRACTOR warrants that the work meets all applicable standards of the Texas Department of Information Resources relating to the Year 2006 Compliance. In the event any work performed under this Agreement is not Year 2006 Complaint, and the SUBCONTRACTOR is provided written notice thereof, SUBCONTRACTOR shall at its sole expense immediately cause such work to become Year 2006 Compliant in a manner that will minimize interruption to ongoing business processes, time being of the essence. (i) The SUBCONTRACTOR shall include provisions to effectuate the purposes of this paragraph in all subcontracts and subgrants under this Agreement in the course of which Intellectual Property may be produced or acquired. Article 17 Equal Opportunity and Affirmative Action The SUBCONTRACTOR shall agree that in the performance of this Contract, it will not discriminate against any employee or applicant because of race, religion, color, sex, age, or national origin and it will comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375, and as supplemented in Department of Labor Regulations (Title 41 CFR Part 60). The SUBCONTRACTOR assures that no person will, on the grounds of race, creed, color, handicap, national origin, sex, political affiliation or beliefs, be excluded from, be denied the benefit of, or be subject to discrimination under any program or activity funded in whole or part under this Contract. Article 18 ADA Requirements The SUBCONTRACTOR shall comply with all applicable requirements of the Americans with Disabilities Act of 1990, 42 U.S.C. 12101 - 12213. Article 19 Utilization of Small, Minority, and Women's Business Enterprises The SUBCONTRACTOR agrees that qualified Historically Underutilized Businesses (HUB's) shall have the maximum practicable opportunity to participate in the performance of this Agreement. Article 20 Energy Efficiency Standards The SUBCONTRACTOR shall follow standards and policies on energy efficiency, which are contained in the Texas State Energy Conservation Plan issued in compliance with the Energy Policy and Conservation Act (P.L. 94 -163). Coastal Bend eyed) of Governments A -9 Article 21 Acknowledgment of Financial Support The SUBCONTRACTOR shall acknowledge the financial support of the TCEQ and COG whenever work funded, in whole or part, by this Agreement is publicized or reported in news media or publications. All reports and other documents completed as a part of this Agreement, other than documents prepared exclusively for internal use within the COG, shall carry the following notation on the front cover or title page: OR Example: PREPARED IN COOPERATION WITH THE TEXAS COMMISSION ON ENVIRONMENTAL QUALITY The preparation of this report was financed through grants from the State of Texas through the Texas Commission on Environmental Quality. Article 22 Data and Publicity All data and other information developed under this Agreement shall be furnished to the COG and shall be public data and information, except to the extent that it is exempted from public access by the Texas Open Records/Public Information Act, TEX. GOV'T CODE 552. Upon termination of this Agreement, all copies of data and information shall be furnished, at no charge to the COG, upon request, to include data bases prepared using funds provided under this Agreement, and become the property of the COG. Except as otherwise provided by the Agreement or the Act, the SUBCONTRACTOR shall not provide data generated or otherwise obtained in the performance of its responsibilities under this Agreement to any party other that the COG, State of Texas, and its authorized agents. Article 23 Hazardous Substances, Waste Disposal, and Manifests The SUBCONTRACTOR and their subcontractors and subgrantees must comply with all applicable Laws and Regulations, including but not limited to those relating to hazardous substances, waste disposal, and manifests. Article 24 Statues Relating to Nondiscrimination The SUBCONTRACTOR shall comply with all applicable state and federal statues relating to nondiscrimination which include, but are not limited to, those listed in the Uniform Grant Management Standards. Article 25 Oral and Written Agreements All oral or written agreements between the parties hereto relating to the subject matter of this Contract which were developed and executed prior to the execution of this Contract have been reduced to writing and are contained in this Agreement. Coastal Bend Co yil.of Governments A -10 Article 26 Safety and Protection Where applicable, the SUBCONTRACTOR shall be responsible for requiring its subcontractor and subgrantees to maintain and supervise all necessary safety precaution and programs in connection with the work. The SUBCONTRACTOR shall take all necessary safety precautions. Article 27 Force Majeure To the extent that either party to this Agreement is wholly or partially prevented from the performance within the term specified of any obligation or duty placed on such party by reason of or through decrees of or restraints by a government instrumentality, acts of God (except that rain, wind, flood or other natural phenomena normally expected for the locality shall not be construed as an act of God), work stoppages due to labor disputes or strikes, fires, explosions, epidemics, riots, war, rebellion, and sabotage, in such event, the time for the performance of such obligation or duty shall be suspended until the disability to perform is removed. Determination of force majeure shall rest solely with the COG. No time extension shall be granted under this Article unless the party seeking relief has notified the other in writing within a reasonable time after commencement of the event, of the anticipated length and cause of delay, the measures taken or to be taken to minimize the delay, and the timetable by which the SUBCONTRACTOR intends to implement these measures. The party seeking relief shall also give written notice of the ending of the event within a reasonable time after the event has ended. Article 28 Entire Contract This Agreement, including Attachments A, B, C, D, and E, represents the entire Contract between the contracting parties and supersedes any and all prior contracts between the parties, whether written or oral. Coastal Bend Q cil of Govemments A -11 Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Special Contract Provisions Attachment 13 Article 1 Period of Performance The period of performance of this agreement begins on September 1, 2008 and ends on August 31, 2009. Article 2 Scope of Services (a) All parties agree that the SUBCONTRACTOR, in consideration of compensation described in this Attachment and SUBCONTRACTOR Budget and Authorizations (Attachment E of this Agreement), shall provide the services with COG as specifically described in the Work Program of SUBCONTRACTOR (Attachment C of this Agreement) and Schedule of Deliverables from SUBCONTRACTOR (Attachment D of this Agreement). (b) The SUBCONTRACTOR agrees to implement the Project according to the agreed upon budget shown in Attachment E of this agreement. Article 3 COG Obligations (a) Measure of Liability In consideration of full and satisfactory performance hereunder, COG will be liable to SUBCONTRACTOR in an amount equal to the actual costs incurred by SUBCON TRACTOR in rendering such performance, subject to the following limitations: 1. COG is not liable for expenditures made in violation of "General Provisions for Texas Commission on Environmental Quality's Standards Applicable to Implementation Projects and Supplemental Funding Standards ", as described in Articles 8 and 9 of this Agreement, which outline prohibited activities as defined by the Texas Commission on Environmental Quality (TCEQ). 2. COG is not liable for any costs incurred by SUBCONTRACTOR in the performance of this agreement, which have not been billed to COG within thirty (30) days following termination of this agreement. 3. COG is not liable to SUBCONTRACTOR for costs incurred or performance rendered by SUBCONTRACTOR for costs incurred by SUBCONTRACTOR before commencement of this agreement or after termination of this agreement. 4. Except as specifically authorized by COG in writing, COG is liable only for expenditures made in compliance with the cost principles and administrative requirements set forth in Federal OMB Circular A -87. Coastal Bend Go 9il.ofGovenunents B -1 5. All representations, indemnifications, warranties, and guarantees made in, required by or given in accordance with the Agreement, as well as all continuing obligations indicated in the Agreement, will survive final payment, completion of the work and termination or completion of the Agreement. (b) Method and Schedule of Payment 1. Payments: Payments to pass - through grant recipients may be made only on a reimbursement basis. Upon review and approval of each financial report, COG will make payment to SUBCONTRACTOR against COG liabilities to be accrued hereunder. 2. SUBCONTRACTOR may account for expenses incurred and request reimbursement of outlays under either a cash or an accrual basis, as defined and authorized under the UGCMA. To be eligible for reimbursement under this Agreement, a cost must have been incurred and either paid by the SUBCONTRACTOR prior to claiming reimbursement from the COG or incurred by the last day of the time period indicated on a request for reimbursement form and liquidated no later than forty-five (45) days after the end of that time period. 3. Financial reporting: The COG shall provide financial status report forms and supplemental forms to be submitted by SUBCONTRACTOR at least quarterly and/or with each request for reimbursement to itemize expenditures by budget category. Allowable expenditures are set forth in Articles 8 and 9 of this Agreement. The COG shall review all materials provided by the SUBCONTRACTOR with a request for reimbursement, and shall not make a reimbursement payment unless all required items have been provided and are deemed to be accurate 4. In general, expenditure documentation to be maintained by the SUBCONTRACTOR (but not necessarily submitted to the COG with each Financial Status Report) should be whatever is necessary to show that the work was indeed performed and that the expense was, in fact, incurred. In addition, the documentation should also support the fact that the expenditure was reasonable and necessary to this Agreement. 5. Documents that should be maintained, as appropriate for the expense, include by category, the records listed below. a. SALARY/WAGES b. TRAVEL c. EQUIPMENT d. SUPPLIES Time sheets that have been signed and approved. Documentation, which, at a minimum, is consistent with State Travel Regulations. The purpose of the travel should be documented and supported with actual receipts for hotel accommodations, public transportation receipts, airline receipts, etc. Purchase orders, invoices, and canceled checks. Purchase orders (if issued), invoices, receipts, and canceled checks. Coastal Bend.f?0tail of Governments B-2 e. SUBCONTRACTS Copy of subcontract, plus documentation that all costs incurred under the contract were reasonable and necessary. The subcontractor shall be required to maintain the documents for each category of expenses listed in this Subsection. f. CONSTRUCTION All applicable documentation required for Equipment, Salary, Supplies and Subcontractors. g. OTHER Purchase orders, invoices, receipts, and canceled checks. 6. All expenditures under the equipment, construction, or subcontract budget categories must be approved in advance by the COG. Further, for any "other" category expenses not specifically spelled out in this interlocal contract, the contract shall require that the SUBCONTRACTOR obtain prior written approval from COG for that expense. 7. Travel Expenses. Reimbursement of travel expenses for out -of -state travel, except where such travel is specifically authorized in writing by the COG, is prohibited. Prior to authorizing any out -of -state travel by a pass - through grant recipient, the COG must obtain written approval from the TCEQ to provide such authorization. 8. If requested by the COG, the SUBCONTRACTOR agrees to provide to the COG the additional expense records and documentation materials, as listed in Subsection 5 of this Article, and appropriate for the expense, for the time period requested by the COG, except that the SUBCONTRACTOR will not be asked to submit records that have already been provided to the COG with a Financial Status Report. The COG will provide reasonable time for the SUBCONTRACTOR to comply with a request for additional records. If the COG requests to review additional records to be provided by the SUBCONTRACTOR under the COG's financial monitoring program, the COG will review those records and provide the SUBCONTRACTOR a written summary of the findings of that review. The COG will also allow the SUBCONTRACTOR reasonable time to respond to any findings of noncompliance or other problems identified by the records review. 9. The COG shall not reimburse or otherwise make payment to SUBCONTRACTOR for an expenditure that is not authorized under this Agreement. If it is determined, by either the COG or the TCEQ that an expenditure that was reimbursed is not an authorized expense, the COG shall request return and reimbursement of those funds from the grant recipient or, where appropriate, the application of those funds to other authorized expenses, and shall not provide any additional reimbursements to the pass - through grant recipient until the funds are returned or are applied to other authorized expenses. 10. The SUBCONTRACTORS contractual costs must comply with allowable costs requirements. SUBCONTRACTORS which are governmental entities must engage in contractor selection on a competitive basis in accordance with their established policies. If SUBCONTRACTOR has no competitive procurement policy or is a private entity, SUBCONTRACTOR must generally select contractors by evaluation and comparison of price, quality of goods or services and past performance. All subgrants awarded by the SUBCONTRACTOR under this Agreement shall be in accordance with Subpart C, Sec._.37, Coastal Bend Cagtfil.nf Governments B -3 Subsection (b) of the State Uniform Administrative Requirements for Grants and Cooperative Agreements as set forth in Part III of the Uniform Grant Management Standards adopted by the Governor's Office of Budget and Planning. (c) SUBCONTRACTOR Close Out Report No later than thirty (30) days following the termination of this agreement, SUBCONTRACTOR must submit a COG Contract Close Out Report according to written instructions from COG. Article 4 Reporting Requirements (a) The SUBCONTRACTOR shall prepare and submit to the COG, a quarterly written progress report concerning performance under this Contract. Such progress reports shall document accomplishments and units of work performed under Attachment D of this agreement including program results. All progress reports shall be submitted within 7 days after the end of each quarterly period so that COG may submit a consolidated report to TCEQ within 20 days. A final progress report shall be provided prior to the final request for payment under this Contract, but, in no case later than 30 days after the end of the Contract period. Payments (reimbursements) required under this contract may be withheld by the COG until such time as any past due progress reports are received. (b) The SUBCONTRACTOR quarterly progress reports required under Section (a) of this Article contain descriptions of activities and costs for the COG to ensure that the provisions of this Contract are being complied with. The SUBCONTRACTOR shall comply with any reasonable request by the COG for additional information on activities conducted in order for the COG to adequately monitor the SUB CONTRACTOR's progress in completing the requirements of and adhering to the provisions of this Contract. The SUBCONTRACTOR shall certify in writing to the COG, through a final progress report, the satisfactory completion of all activities and deliverables required under the pass - through grant agreement. (c) The SUBCON 1 RACTOR shall provide the COG with follow -up results information on a schedule established by the COG, to include a report or reports sufficient to allow the COG to provide the TCEQ a report in October 2009 on the continued results of the project funded under this Agreement. In addition, the SUBCONTRACTOR shall continue to document, as appropriate to the type of project, the results of the project activities for the life of the program or activity. (d) The SUBCONTRACTOR's failure to comply with the requirements of this Article constitutes a breach of this Contract. Article 5 Monitoring Requirements (a) COG may periodically monitor SUBCONTRACTOR for: 1. The degree of compliance with the terms of this Contract, including compliance with applicable rules, regulations, and promulgations referenced herein; and 2. The administrative and operational effectiveness of the project. Coastal Bendegiril of Governments B -4 (b) COG shall conduct periodic analysis of SUBCONTRACTOR'S performance under this Contract for the purpose of assessing the degree to which contractual objectives and performance standards, as identified in this Contract or as subsequently amended, are achieved by SUBCONTRACTOR. Article 6 Title to and Management of Real Property and Equipment Subject to the obligations and conditions set forth in this Agreement, title to real property and equipment (together hereafter referred to in this Article as property) acquired from funds provided under this Agreement by the SUBCONTRACTOR shall vest upon acquisition or construction in the SUBCONTRACTOR. All parties agree that upon full performance of this Contract, title shall remain with the SUBCONTRACTOR, provided however, that if this Contract is terminated, due to substantial failure by the SUBCONTRACTOR to fulfill its obligations under this Contract, title and physical possession of all equipment and constructed fixtures shall, upon written notification from COG, be transferred in good condition and within five (5) working days to COG. (a) Subject to the provisions of this Agreement and as otherwise provided by state statutes, property acquired or replace under this Agreement shall be used for the duration of its normally expected useful life to support the purposes of this Agreement whether or not the original projects or programs continue to be supported by COG funds. (b) The SUBCONTRACTOR shall not grant or allow to a third party a security interest in any original or replacement property purchased or constructed with funds made available to the SUBCONTRACTOR under this Agreement. (c) The use of property acquired under this Agreement, both during the term of this Agreement and for the useful life of the property, shall be in accordance with Section 361.014(b) of the TEX. HEALTH & SAFETY CODE, which directs that a project or service funded under this program must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. (d) The SUBCONTRACTOR may develop and use their own property management systems, which must conform with all applicable federal, state, and local laws, rules and regulations. If an adequate system for accounting is not in place or is not used properly, the Property Accounting System Manual issued by the State Comptroller of Public Accounts will be used as a guide for establishing such a system. The property management system used by the SUBCONTRACTOR must meet the requirements set forth in this Section. (I) Property records must be maintained that include a description of the property, a serial number or other identification number, the source of the property, who holds title, the acquisition date, and the cost of the property, percentage of state participation in the cost of the property, the location, use and condition of the property, and any ultimate disposition data including the date of disposal and sale price of the property. (II) A physical inventory of all equipment acquired or replaced under this Agreement shall be conducted no less frequently than once every two years and the results of such inventories reconciled with the appropriate property records. Property control procedures utilized by the SUBCONTRACTOR shall include adequate safeguards to prevent loss, damage, or theft of the acquired property. Any loss, damage, or theft shall be investigated. The Coastal Bend Cn ilof Governments B -5 SUBCONTRACTOR shall develop and carry out a program of property maintenance as necessary to keep both originally acquired and any replaced property in good condition, and to utilize proper sales procedures to ensure the highest possible return, in the event such property is sold. (III) Certain types of equipment are classified as controlled assets and are subject to annual revision. In accordance with the UGMS, the SUBCONTRACTOR should contact the Texas Comptroller of Public Accounts property accounting staff or review the Comptrollers State Property Accounting User Manual available on the Internet, for the most current listing. Firearms shall be maintained on the SUBCONTRACTORS inventory system irrespective of cost, and the following equipment with costs between $500 and $1,000 shall be maintained on the inventory system: (1) stereo systems, (2) still and video cameras, (3) facsimile machines, (4) VCRs and VCR/TV combinations and (5) cellular and portable telephones. (e) The SUBCONTRACTOR may for the purpose of replacing property acquired under this Agreement, either trade in or sell the property and use the proceeds of such trade -in or sale to offset the cost of acquiring needed replacement property. (f) The SUBCONTRACTOR agrees that if a determination is made that any property acquired with funds provided under this Agreement with a current per -unit fair market value of $1,000 or more is no longer needed for the originally authorized purpose, the COG has the right to require disposition of the property by the SUBCONTRACTOR in accordance with the provisions of this Article. (g) When, during the useful life of property acquired with grant funds under this Agreement by the SUBCONTRACTOR and with current per -unit fair market value of $1,000 or more, the property is no longer needed for the originally authorized purpose, the SUBCONTRACTOR agrees to request disposition instruction form the COG or, if the COG is no longer administering a Regional Solid Waste Grants Program, the TCEQ. Disposition instructions shall solicit, at a minimum, information on the source and amount of funds used in acquiring the property, the date acquired, the fair market value and how the value was determined (e.g., by appraisal, bids, etc.), and the proposed use of the proceeds. The assessment of whether to authorize the proposed disposition of the property must include a determination that disposition will comply with the private industry provisions. of 361.014(b) of the TEXAS HEALTH & SAFETY CODE ANN. In cases where the SUBCONTRACTOR fails to take appropriate disposition actions, the COG may direct the SUBCONTRACTOR to take excess and disposition actions. The dispositions may provide for one of the alternatives as set forth in this Section. (I) Retain title, sell, or otherwise disposed of with no obligation to compensate the COG. (II) Retain title after compensating the COG. If the COG is compensated by the SUBCONTRACTOR for property acquired using funds provided under this Agreement, the COG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those funds for other projects or activities that support this or similar future programs conducted by the COG. The amount due will be computed by applying the percentage of state - funded participation in the cost of the original purchase to the fair market value of the property. (III) Sell the property and compensate COG. If the COG is compensated by the SUBCONTRACTOR for property acquired using funds provided under this Agreement, the COG will in turn compensate the TCEQ or, upon authorization by the TCEQ, use those Coastal Bend Cvlicil of Governments B -6 funds for other projects or activities that support this or similar future programs conducted by the COG. The amount due will be calculated by applying the COGs percentage of participation in the cost of the original purchase to the proceeds of the sale after deduction of any actual and reasonable selling and fixing -up expenses. If the grant is still active the net proceeds from sale may be offset against the original cost of the property. When the SUBCONTRACTOR is directed to sell the property, sales procedures shall be followed that provide for competition to the extent practicable and result in the highest possible return. (IV) Transfer title to the COG or to a third -party designated/approved by the COG. If the SUBCONTRACTOR participated financially in the original purchase, the SUBCONTRACTOR may be authorized payment from the receiving party of an amount calculated by applying the percentage of the participation in the original purchase of the property to the current fair market of the property. (h) Items of property with a current per -unit fair market of less than $1,000 may be retained, sold or otherwise disposed of by the SUBCONTRACTOR with no further obligation to the COG. Methods used to determine per -unit fair market value must be documented, kept on file and made available to the COG upon request. (i) The COG shall include provisions in its Interlocal Agreements to implement and enforce the provisions of this Article. Article 7 Compliance with Applicable Laws The SUBCONTRACTOR shall give all notices and comply with all laws, ordinances, rules, regulations and order of any public authority bearing on the performance of this contract, including, but not limited to, the laws referred to in this Contract. If the SUBCONTRACTOR or COG observes that this Contract is at variance therewith in any respect, the observing party shall promptly notify the other party in writing, and any necessary changes shall be adjusted by appropriate Contract modification. On request, the SUBCONTRACTOR shall furnish COG modification. If the SUBCONTRACTOR performs any work knowing or having reason to know that it is contrary to Laws or Regulations, the SUBCONTRACTOR shall bear all claims, costs, losses and damages caused by arising out of or resulting therefor. Article 8 Types and Standards of Solid Waste Implementation Projects Local Enforcement 8.1. Funds may not be provided to any law enforcement agency regulated by Chapter 415, Texas Government Code, unless: (a) the law enforcement agency is in compliance with all rules developed by the Commission on Law Enforcement Standards and Education pursuant to Chapter 415, Texas Government Code; or (b) the Commission on Law Enforcement Officer Standards and Education certifies that the requesting agency is in the process of achieving compliance with such rules. 8.2 When funding is to be provided for salaries of local enforcement officers, the funds recipient must certify that at least one of the officers has attended or will attend within the term of the funding the TCEQ's Criminal Environmental Law Enforcement Training or equivalent training. 8.3 Local enforcement vehicles and related enforcement equipment purchased entirely with funds provided Coastal Bend Conil of Governments B-7 under this Agreementmay only be used for activitiesto enforce laws and regulations pertaining to littering and illegal dumping, and may not be used for other code enforcement or law enforcement activities. Vehicles and equipment that are only partially funded must be dedicated for use in local enforcement activities for a percentage of time equal to the proportion of the purchase expense funded. 8.4 Entities receiving funds for a local enforcement officer, enforcement vehicles, and/or related equipment for use by an enforcement offcer, must investigate major illegaldumping problems, on both public and private property, in addition to investigating general litter problems on public property. 8.5 Entities receiv ing funds to conduct a local enforcement program must cooperate with the TCEQ's regional investigative staff in identifying and investigating illegal dumping problems. Lack of cooperation with the TCEQ staff may constitute a reason to withhold future funding to that entity for Local enforcement activities. 8.6 Funds may not be used for investigation and enforcement activities related to the illegal dumping of industrial and/or hazardous waste. Instances where industrial or hazardous waste is discovered at a site do not preclude the investigation of that site, so long as the intent and focus of the investigation and enforcement activities are on the illegal dumping of municipal solid waste. Litter and Illegal Dumping Cleanup 8.7 Lake and River Cleanup events must be coordinated with the TCEQ's cleanup program staff and/or the Keep Texas Beautiful organization, which is contracted by the TCEQ to administethe Lake and River Cleanup program. 8.8 Projects funded to clean up litter or illegal dumping on private property must be conducted through a local government sponsor or the PERFORMING PARTY. Funds may not be provided directly to a private landowner or other private responsible party for cleanup expenses. The local government sponsor or the PERFORMING PARTY must either contract for and oversee the cleanup work, or conduct the work with its own employees and equipment. 8.9 The costs for cleanup of hazardous waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health or the environment. 8.10 The costs for cleanup of Class 1 nonhazardous industrial waste that may be found at a municipal solid waste site must be funded from other sources, unless a waiver from this restriction is granted by the TCEQ to deal with immediate threats to human health or the environment. The cleanup of Class 2 and 3 nonhazardous industrial waste that may be found at a municipal solid waste site may be funded in conjunction with the cleanup of the municipal solid waste found at site. 8.11 All notification, assessment, and cleanup requirements pertaining to the release of wastes or other chemicals of concern, as required under federal, state, and local laws and regulations, including 30 TAC Chapter 330, TCEQ's MSW Rules, and 30 TAC Chapter 350, TCEQ's Risk Reduction Rules, must be complied with as part of any activities funded under this Agreement. 8.12 All materials cleaned up using funds provided under this Agreement must be properly disposed of or otherwise properly managed in accordance with all applicable laws and regulations. To the extent feasible, it is recommended that materials removed from a site be reused or recycled. For projects to clean up large amounts of materials, the PERFORMING PARTY should consider withholding at least ten (10 %) percent of the reimbursements under a subgrant or subcontract, until documentation is provided that the cleanup work has been completed and the materials properly managed. Coastal Bend Cc nil of Governments B -8 Source Reduction and Recycling 8.13 Any program or project funded under this Agreementwith the intent of demonstrating the use of products made from recycled and/or reused materials shall have as its primary purpose the education and training of residents, governmental officials, private entities, and others to encourage a market for using these materials. Local Solid Waste Management Plans 8.14 All local solid waste management plans funded under this Agreement must be consistent with the PERFORMING PARTY's regional solid waste management plan, and prepared in accordance with 30 TAC Subchapter 0, Chapter 330, TCEQ Rules, and the Content and Format Guidelines provided by the TCEQ. 8.15 In selecting a local solid waste managementplan project for funding, the PERFORMING PARTY shall ensure that at least one year is available fotthe completion and adoption of the local plan. 8.16 Local solid waste managementplans may not be considered for funding by the PERFORMING PARTY until the PERFORMING PARTY's regional solid waste management plan has been amended. Citizens' Collection Stations "Small" Registered Transfer Stations and Community Collection Events 8.17 The design and construction of citizens' collection stations, as those facilities are defined under 30 TAC Chapter 330, TCEQ Rules, may be funded. The costs associated with operating a citizens' collection station once it is completed may not be funded. 8.18 The design and construction of small municipal solid waste and liquid waste transfer stations that qualify for registration under §330.4(d) or §330.4(r), TCEQ Rules, may be funded. Other permitted or registered transfer stations may not be funded. A municipal solid waste transfer facility may be eligible for a registration if it serves a municipality with a population of less than 50,000, or a county with a population of less than 85,000, or is used in the transfer of 125 tons or less of municipal solid waste per day. A liquid waste transfer station may qualify for a registration if it will receive less than 32,000 gallons or less per day. The costs associated with operating atransfer station once it is completed may not be funded. 8.19 Periodic community collection events, to provide for collection and proper disposal of non - recyclable residential waste materials for which there is not a readily - available collection alternative, may be funded. This type of project may not include regular solid waste collection activities, such as weekly waste collection. Funded collection events may be held no more frequently than four times per year, and must only be intended to provide residents an opportunity to dispose of hard-to-collect materials, such as large and bulky items that are not picked up under the regular collection system, and might otherwise be illegally dumped by residents. Household Hazardous Waste Management 8.20 All household hazardous waste collection, recycling, and/or disposal activities must be coordinated with the TCEQ's HHW program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. 8.21 All Texas Country Cleanup events must be coordinated with the TCEQ's Texas Country Cleanup program staff, and all applicable laws, regulations, guidelines, and reporting requirements must be followed. Coastal Bend CoaTiLof Governments B -9 Technical Studies 8.22 All technical studies funded under this Agreement must be consistent with the PERFORMING PARTY's regional solid waste management plan, and prepared in accordance with Guidelines provided by the TCEQ. Educational and Training Projects 8.23 Educational and training programs and projects funded under this Agreement must be primarily related to the managementof municipal solid waste, and funds applied to a broader education program may only be used for those portions of the program pertaining to municipal solid waste. Other Types of Projects 8.24 If the TCEQ authorizes the PERFORMING PARTY to fund additional types of projects, under the process set forth in Section 8.2'.9., Program Conditions, of this Agreement, the authorization incorporated into this Agreement may include additional standards and restrictionsthat shall apply to use of funds for that project or type of project. Article 9 Supplemental Funding Standards General Standards 9.1. The provisions of the Uniform Grant Management Standards (UGMS) issued by the Office of the Govemor apply to the use of these funds, as well as the supplement financial administration guidance established by the TCEQ to be applied under all contracts,TCEQ Allowable Expenditure Guidelines 9.2. Recipients of funds under this Agreement, including the PERFORMING PARTY, subgrant recipients, and subcontractors shall comply with all applicable state and local laws and regulations pertaining to the use of state funds, including laws concerning the procurement of goods and services and competitive purchasing requirements. 9.3. Funds may not be provided through a subgrant or subcontract to any public or private entity that is barred from participating in state contracts by the Texas General Services Commission, under the provisions of §2155.077, Government Code, and 1 TAC § 113.02, GSC Regulatims. 9.4. Public and private entities subject to payment of state solid waste disposal fees and whose payments are in arrears may not receive funds under this agreement through either a subgrant or subcontract. 9.5. In accordance with §361.014(b), Texas Health and Safety Code, and 30 TAC §330.569(d), TCEQ Rules, a project or service funded under this Agreement must promote cooperation between public and private entities and may not be otherwise readily available or create a competitive advantage over a private industry that provides recycling or solid waste services. Under this definition, the term private industry included non - profit and not- for - profit non- governmental entities. 9.6. All equipment and facilities purchased or constructed with funds provided under this Agreement shall be used for the purposes intended in the funding agreement. 9.7. A project or service funded under this Agreementmust be consistent with the PERFORMING PARTY's approved regional solid waste management plan, and must be intended to implement the goals, objectives, and priorities established in the regional plan. Coastal Bendc,.Bcil of Governments B -10 9.8. Funds may not be used to acquire land or an interest in land. 9.9. Funds may not be used to supplant existing funds. In particular, staff positions where the assigned functions will remain the same and that were active at the time of the funding application or proposal, and were funded from a source other that a previous solid waste grant, may not be funded. 9.10. Funds may not be used for food or entertainment expenses, include refreshments at meetings and other functions. This provision does not apply to authorized employee per diem expenses for food costs incurred while on travel status. 9.11. Funds may not be used for payment of salaries to any employee who uses alcoholic beverages on active duty. Funds may not beused for the purchase of alcoholic beverages, including travel expenses reimbursed with these funds. 9.12. Funds may not be used for employmentor otherwise contracts for services of a lobbyist or for dues to an organization which employs or otherwise contracts for the services of a lobbyist. 9.13. Funds may only be used for projects or programs for managing municipal solid waste. 9.14. Except as may be specificallyauthorized in this Article or elsewhere in this Agreement, funds may not be used for projects or facilities that require a permit from the TCEQ and/or that are located within the boundaries of a permitted facility, including landfills, wastewater treatment plants, or other facilities. This restriction may be waived by the TCEQ, at its discretion, for recycling and other eligible activities that will take place within the boundaries of a permitted facility. The applicant and/or the PERFORMING PARTY must request a preliminary determination from the TCEQ as to the eligibility of the project prior to the project being considered for funding by the PERFORMING PARTY. 9.15. Projects or facilities requiring a registration from the TCEQ, and which are otherwise eligible for funding, must have received the registration before the project funding is awarded. 9.16. Except as may be specificallyauthorized in this Article or elsewhere in this Agreement, funds may not be used for activities related to the collection or disposal of municipal solid waste. This restriction includes: solid waste collection and transportation to a disposal facility, waste combustion (incineration or waste -to- energy); processing for reducingthe volume of solid waste which is to be disposed of; landfills and landfill - related facilities, equipment, or activities, including closure and post - closure care ofa permitted landfill unit; or other activities and facilities associated with the disposal of municipal solid waste. 9.17. Funds may not be used to assist an entity or individual to comply within existing or pending federal, state, or local judgement or enforcementaction. This restriction includes assistance to an entity to comply with an order to clean up and/or remediate problems at an illegal dump site. However, the TCEQ may waive this restrictions, at its discretion and on a limited case -by -case basis, to address immediate threats to human health or the environment, and where it is demonstrated that the responsible party does not have the resources to comply with the order. 9.18. Funds may not be used to pay penalties imposed on an entity for violation of federal, state, or local laws and regulations. This restriction includes expenses for conducting a supplemental environmental project (SEP) under a federal or state order or penalty. Funds may be used in conjunction with SEP funds to support the same project. Article 10 Funds in the MSWDTRF (a) It is the understanding of the parties that the source of the funds provided by the COG is the Municipal Solid Waste Disposal and Transportation Revenue Fee (MSWDTRF). Due to demands Coastal Bend C94$eI -®f Governments B-11 upon that source for funds necessary to protect the health and safety of the public, it is possible that the funds contained in the MSWDTRF will be depleted prior to completion of this Agreement. The parties agree that all funding arranged under this Agreement is subject to sufficient funds in the MSWDTRF. The SUBCONTRACTOR shall place this notice in all subgrants and subcontracts. Article 11 Conflict of Interest The SUBCONTRACTOR shall notify the COG immediately upon discovery of any potential or actual conflict of interest. The SUBCONTRACTOR agrees that the COG and/or the TCEQ have sole discretion to determine whether a conflict exists and that the COG and/or the TCEQ may terminate the Agreement at any time, on the grounds of actual or apparent conflict of interest. a. Notice of Conflict of Interest: The SUBCONTRACTOR shall notify the COG in writing or any actual, apparent, or potential conflict of interest regarding any individual performing or having access to information regarding the work. As applicable, the notification shall include both organizational conflicts or interest and personal conflicts of interest. Any individual with a personal conflict of interest shall be disqualified from taking part in any way in the performance of any work that created the conflict of interest. Article 12 Authorized Representatives (a) The COG hereby designates the person in Exhibit B -1, Project Representative, as the individual authorized to give direction to the SUBCONTRACTOR for the purposes of this Contract. The COG Project Representative shall not be deemed to have authority to bind the COG in contract unless the Executive Director of the COG has delegated such authority. (b) Immediately upon receiving the Purchase Order or Notice of Award, the SUBCONTRACTOR shall identify, as its Project Representative, the person authorized to receive direction from the COG, to manage the work being performed, and to act on behalf on the SUBCONTRACTOR. The SUBCONTRACTOR'S Project Representative shall be deemed to have authority to bind the SUBCONTRACTOR in contract unless the SUBCONTRACTOR, in writing, specifically limits or denies such authority to the SUBCONTRACTORS Project Representative. (c) Either party may change its Project Representative. In addition, the Project Representative of either party may further delegate his or her authority as necessary, including any delegation of authority to a new Project Representative. The party making the change in Project Representative shall provide written notice of the change to the other party. (d) The SUBCONTRACTOR shall ensure that it' s Project Representative, or his or her delegate, is available at all times for consultation with the COG. Coastal Bend cols, of Governments B -12 Exhibit B The COG designates the individual named below as the Project Representative for COG: Name: Theresa Finch, Environmental Coordinator Address: Coastal Bend Council of Governments P.O. Box 9909 Corpus Christi, TX 78469 TEL: (361) 883 -5743 FAX: (361) 883 -5749 The SUBCONTRACTOR designates the individual named below as the SUBCONTRACTOR's Project Representative. The SUBCONTRACTOR's Project Representative is the person authorized to receive direction from the COG, to manage the work being performed, and to act on behalf of the SUBCONTRACTOR: Name: Paul Bass Address: P.O. Box 9277 Corpus Christi, Texas 78469 TEL: 361 - 826 -1968 FAX: 361- 826 -1971 Coastal BendCtitO41-cf Governments Exhibit B Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Work Program of SUBCONTRACTOR Exhibit C Goal: Goal 2: Reduce the amount of municipal solid waste generated and disposed of in the Coastal Bend Region. 2.1 Education and Training — Continue to use outreach and education programs to support program initiatives and to facilitate long-term changes in attitudes about source reduction and recycling. Objective 1: Education and Outreach Materials Task la: Purchase education and outreach materials Objective 2: Report the progress of the work program task and measure of program effectiveness. Task 2a: Turn in Summary Reports (Form PT -S 1) to identify progress of the project in three -month intervals. Time Frame: Summary Report due December 15, 2008 (to report on September, October, November), April 15, 2009 (to report on January, February, March) and August 15, 2009 (to report on May, June, July). Task 2b: Turn in Results Reports (Form PT -R1) to identify specific results being accomplished by the implementation of your project. Time Frame: Results Report due December 15, 2008 (to report on September, October, November), April 15, 2009 (to report 011 January, February, March) and August 15, 2009 (to report on May, June, July). Task 2c: Turn in Financial Status/Reimbursement Requests (Form PT -F1, PT -F2, and supplemental documentation as identifies in the Special Contract Provisions (Attachment B) section, Article 3(b) 5, located on page B -2. Time Frame: Financial Status Report/ReimbursementRequests due January 15, 2009 (to report on September, October, November, December) and September 15, 2009 (to report on April, May, June, July, August). Coastal Bend- gc$i»i1.of Govemments Exhibit C Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Schedule of Deliverables from SUBCONTRACTOR Exhibit D Task Task 1: Purchase Educational Materials Task 2a: Summary Report Time Frame 08/31/2009 December 15, 2008, April 15, 2009, and August 15, 2009 Deliverable Submit documentation of materials purchased PT -S Forms Task 2b: Results Report December 15, 2008, April 15, 2009, and August 15, 2009 PT -R Forms Task2c: Financial Status Report/ReimbursementRequest January 15, 2009 and September 15, 2009 PT -F1, PT -F2, and supplemental documentation Coastal Bend Ccf.Olaf Governments Exhibit D Coastal Bend Council of Governments Solid Waste Grant Interlocal Agreement Subcontractor Budget and Authorizations Exhibit E Description Cost Supplies - Educational Materials $ 31,000.00 TOTAL $ 31,000.00 Coastal Benctepst4iLof Governments Exhibit E 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2008 AGENDA ITEM: A motion authorizing the City Manager or his designee to execute a System Support Agreement with Mettler - Toledo, Inc., of Columbus, Ohio, fora term of five years, commencing September 19, 2008 and ending September 18, 2013, and total cost of $86,187.60, with the option to extend for up to one additional five year term. The fee for the first year of the agreement is $16,561.67. The system support agreement covers hardware and software associated with the scale systems at the Cefe Valenzuela Landfill, and software for the J.C. Elliott Landfill Transfer Station and Central Management Reporting System. ISSUE: The Solid Waste Services Department landfill and transfer station scale functions are dependent upon computer hardware and software to accurately record disposal activity and corresponding fees for refuse disposal customers. Entering into a System Support Agreement with Mettler - Toledo, Inc. provides assurance that maintenance and upgrades of the proprietary hardware and software are provided at the lowest cost, and that system technicians will promptly respond to the City's requests for service The warranty period for the affected hardware and software expired on September 18, 2008. Funding for this agreement is budgeted in the Solid Waste Services Department fiscal year 2008 -09 operating budget. REQUIRED COUNCIL ACTION: Approval of motion as submitted. PREVIOUS COUNCIL ACTION: Previous maintenance agreements for the J.C. Elliott Landfill scale system fell below cost threshold requiring City Council action. CONCLUSION AND RECOMMENDATION: Approval of motion as submitted. —107— Lawrence Mikolajczy , Interim Director of Solid Waste Services BACKGROUND INFORMATION The City's refuse disposal operations generate significant revenue, and thus require assurance that weights for solid waste received and corresponding landfill fees are accurately assessed and recorded. The Cefe F. Valenzuela Landfill scale computer hardware and software systems are designed, installed, and maintained by Mettler - Toledo, Inc. Mettler - Toledo, Inc. software is also used to operate the J.C. Elliott Transfer Station scale computer system. The product warranty for the Cefe F. Valenzuela Landfill scale hardware and software system expired on September 18, 2008. The Cefe F. Valenzuela Landfill utilizes the Mettler - Toledo, Inc. Autoscale unattended scale system, a system that allows commercial waste haulers the ability to expeditiously weigh in and out, thereby saving time and money. The costs for private haulers, and for the City, to travel to and from the Cefe F. Valenzuela Landfill location are at least partially offset by the time savings provided by this state of the art scale system. The J.C. Elliott Landfill Transfer Station operates with the Autoscale attended module. This system does not include the customer card reader, keypad, and credit card functions of the unattended system, but otherwise provides the same transaction tracking functions as the Cefe F. Valenzuela Landfill system. Authorizing the System Support Agreement with Mettler - Toledo, Inc. for a term of five years, with option to renew for another five -year term, ensures that the landfill and transfer station scale operations, as well as the Central Management Reporting System (CMRS), will be properly upgraded and maintained for the lowest cost. -108- 12 AGENDA MEMORANDUM DATE: October 21, 2008 SUBJECT: Application to Drill State Tract 71 Well No. 1. AGENDA ITEM: Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company of Houston, Texas, to drill an oil or gas well being State Tract 71 Well No. 1 approximately three miles east of the Corpus Christi Marina in Corpus Christi Bay. ISSUE: An application has been submitted on behalf of Sabco Operating Company for permit to drill State Tract 71 Well No. 1 which will be located in the marine recreation area of Corpus Christi Bay. The location of the proposed well is outside the established cluster area, and the applicant has requested an exception based on an affirmative showing that the exception is necessary to prevent confiscation of property. REQUIRED COUNCIL ACTION: The City Code of Ordinances, 35 -56, requires City Council approval of drilling permit applications for exceptional well locations in Corpus Christi Bay. RECOMMENDATION: Approval of the motion as presented. .kiwis Deborah A. arroqu , P.E. Director of Gas Services Additional Support Material 1. Exhibit A — Background Information 2. Exhibit B — Site Map 3. Exhibit C — Letter of Request 3. Exhibit D — Permit Application —111— BACKGROUND INFORMATION Prior Council Action: On April 22, 2008 City Council granted a permit to Sabco Operating Company of Houston, Texas, to drill two oil or gas wells outside the established cluster area being State Tract 55 Well No. 8 approximately four miles east of the Corpus Christi Marina in Corpus Christi Bay and State Tract 65 Well No. 1 approximately two miles north of Texas A & M Corpus Christi in Corpus Christi Bay. Both wells were completed successfully. On January 15, 2008 City Council granted a permit to Cabot Oil and Gas Corporation to drill an oil or gas well at a location outside the established cluster area in Corpus Christi Bay, State Tract 88/89 Well No. 1. The well was completed successfully. On December 18, 2007 City Council granted a permit to Sabco Operating Company to drill an oil or gas well at a location outside the established cluster area in Corpus Christi Bay, State Tract 55 Well No. 7. The well was completed successfully. On May 16, 2006 City Council granted three permits to Sabco Operating Company to drill oil or gas wells at an exceptional location in Corpus Christi Bay, State Tract 55 Well No. 5 and State Tract 52 Well Nos. 8 and 9. State Tract 55 Well No. 5 was drilled successfully. State Tract 52 Wells 8 and 9 were never drilled and the permits have expired. On February 28, 2006, the City Council granted a permit to Sabco Operating Company to drill an oil or gas well at an exceptional location in Corpus Christi Bay, State Tract 49 Well No. 6. The well was drilled successfully. Background Information: The City Code of Ordinances, Section 35 -56, sets standards for wells drilled in the area of Corpus Christi Bay south of the Ship Channel and west of the Gulf Intracoastal Waterway. The well surface locations must be located in the southwesterly corners of the 640 acre state tracts to qualify for administrative approval as regular locations. The ordinance allows the first producing well in a particular State Tract to be designated the single cluster area for that State Tract. Unless protested, permits to drill from regular locations do not require council approval. Exceptional well locations are sites outside of the southwesterly comer, or "cluster area ", that allow wells to be drilled as straight or directional boreholes for the purpose of obtaining the only access to the geologic target. Section 35 -56 allows the City Council to grant permits for exceptional locations if it is affirmatively established by the lessee that use of a surface location in the applicable cluster area renders it physically impossible to make a satisfactory bottom -hole completion within the applicable state lease tract. Council may grant these exceptional permits when it is necessary to prevent confiscation of property. "Confiscation of property ", as used in Sec. 35 -56 of the Code, is deemed to occur only where "it is affirmatively established by lessee that use of a surface location in the applicable cluster area renders it physically impossible to make a satisfactory bottom hole completion within the applicable state lease tract." —112— EXHIBIT "A" Sheet 1 of 2 Sabco Operating Company of Houston, Texas, has submitted an application to drill an oil or gas well being State Tract 71 Well No. 1 approximately three miles southeast of the Corpus Christi Marina in Corpus Christi Bay. (See Exhibit "B" Sheet 1 of 4) The proposed exceptional location for State Tract 71 No. 1 is approximately 2140 feet from the nearest established cluster area and the proposed total depth of the well is 9500 feet. Sabco Operating Company is requesting the exceptional location to drill the well in order to reach the targeted reservoir by carefully selecting a directional path perpendicular to the existing fault line. The proposed surface location has been selected in State Tract 71 so proper rendezvous is made with the targets with minimum risk of failure. (See Exhibit "B" Sh. 2 of 4) Sabco contends it would be risky to drill the well if not allowed to drill at the requested location. A directional drill from the established cluster area would require either a very sharp angle or a very long distance to reach the proposed target. It would be impossible to control. The success of the well is also dictated by the complex fault structure in the area. (See Exhibit B Sheet 3 of 4) The applicant has affirmatively established that not being allowed to drill the well outside the established cluster area will result in a confiscation of property. Sabco Operating Company has paid the applicable permit fee and posted the required bond and insurance certificate. The Oil and Gas Advisory Committee held a public hearing on October 1, 2008 to consider the application from Sabco Operating Company to drill at an exceptional location in Corpus Christi Marine Recreation Area of State Tract 71. The committee voted to recommend approval of the permit by the City Council. Economic Impact: If approved and successfully completed the proposed well will result in a positive economic impact to the community. The lessee will pay the City a permit application fee of $1500, an annual inspection fee of $700 and will pay ad valorem tax in year one of approximately $75,000 on the equipment and anticipated oil and gas reserves. Ad valorem tax will decrease from year to year as the oil and gas reserves are extracted over the productive life of the well. The State will collect royalty funds that will be deposited in the Permanent School Fund to help support education across the state on a per pupil basis. Staff Recommendation: Staff recommends the permit to drill State Tract 71 Well No. 1 at an exceptional location be approved based on the fact that it is affirmatively established by the lessee that use of a surface location in the applicable cluster area renders it physically impossible to make a satisfactory bottom -hole completion within the applicable state lease tract as necessary to prevent a confiscation of property. —113— EXHIBIT "A" Mast 2 of 2 RECEIVED Stf',ti 3,2008 BY: ,' N co J E StI 0 0 T englneering-dtving- surveying SABCO OPERATING COMPANY 1360 POST OAK BLVD., SUITE 2300 HOUSTON, TEXAS 77056 -3023 APPNOVID HY: PROPOSED WELLS ST 71 WELL NO. 1 D`TE` AUCUST 2008 VICINITY MAP JOB NO. 661_08103 CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS SHIES N0. 1 OF 4 820 8ullalrstl CIrpgnvisti. Tea 78401 pf<ne: 351.887.8851 lax 341.8878855 emm8: neon -irccom mne -ic,com AEF Inc E girmng- Ovig- Svvyig P.08m 2927, Corpus Christi. Tens 78403 EXHIBIT B SHEET 1 OF 4 ST 71 WELL NO. 1 ^ \ REQUESTED / /\ \ SURFACE LOCATION \ ST NO. 1 / \ \. / Y = 765,583 / X / X / \ 4\ / C / / / / / ; /ESTABLISHED / / CLUSTER AREA / PROPOSED 1 X BOTTOM HOLE 90 / / ; LOCATION 47 8455 I / • / \ / /� / / \_.�/ / RECEIVED CEP 0 3 2006 BY: GRAPHIC SCALE: 1' =1000' 0 1000' 2000' 3000' PROPSPECT OUTLINE LEGEND CLUSTER AREA STATE TRACT LINE NOTES: 1. COORDINATES ARE BASED ON GPS DATA WITH AN ACCURACY OF ± ONE METER. 2. ALL BEARINGS AND COORDINATES SHOWN ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1927, TEXAS SOUTH ZONE. 3. ALL SURVEY LINES ARE APPROXIMATE. rye er4neeAngdNNO.aurve Ing SABCO OPERATING COMPANY 1360 POST OAK BLVD., SUITE 2300 HOUSTON, TEXAS 77056 -3050 SCAIE: INN SY: 1' =1000' 0* APPROVtD B(: PROPOSED PLAT OF STATE TRACT 71 WELL NO. 1 SURFACE LOCATION CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS RA; Inc. Errear.7Nig- 814V48447 .eb[ 71127, 0814.44 Cali. Ma 78403 820 Be oatIC8**841. T.s 78401 MTh AUGUST 2008 AEF JOB N0. 881 -08103 sMW No. 20F4 raw 381817ffi51 fax 38187438E6 rrst nallroriccom mrw -isms EXHIBIT B SHEET 2 OF 4 0 ST 71 WELL NO. 1 AND ALTERNATE SURFACE LOCATION NO. 1 \/ • / \ / / / / / ESTABUSHED CLUSTER AREA / REQUESTED SURFACE LOCATION ST 71 WELL NO. 1 X = 2,372,350 Y = 765,583 ......................................... 4954 ALTERNATE SURFACE \ LOCATION AND DIRECTIONAL DRILL PATH NO. 2 GRAPHIC SCALE: 1' =1200' / s 1200' 2400' 3600' RECEIVED SEP 0 3 2008 BY: ALTERNATE SURFACE / LOCATION AND DIRECTIONAL DRILL PATH NO. 1 / 2140'4•- / ESTABLISHED CLUSTER AREA PROPOSED BOTTOM HOLE LOCATION / X = 2,372,755 Y = 765,584 LEGEND \4 CLUSTER AREA STATE TRACT UNE NOTES: 1. COORDINATES ARE BASED ON GPS DATA WITH AN ACCURACY OF ± ONE METER. 2. ALL BEARINGS AND COORDINATES SHOWN ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1927, TEXAS SOUTH ZONE. 3. ALL SURVEY LINES ARE APPROXIMATE. engineering-diving-surveying SABCO OPERATING COMPANY 1360 POST OAK BLVD., SUITE 2300 HOUSTON, TEXAS 77056 -3050 Cfu F: DRAWN BY APPROVED BY: 1' =1200' DW PROPOSED PLAT OF STATE TRACT 71 WELL NO. 1 SURFACE LOCATION CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS E+Nteeho'0^'69-510aMe P.0.8m 2827, Corpus CA1u9, Tea 78103 65TL JOB NO. AEF AUGUST 2008 681 -08103 SHEET NO. 3 OF 4 820 B&NOIaSg (Attar* Teas 7810) *me 361.887.8891 for 361.887.9855 emm,T: rn ,vetia.wm �ne-im.ra EXHIBIT B SHEET 3 OF 4 /RECEIVED 3EP u 8 2008 ST 71 WELL NO. 1 PROPOSED PRODUCTION PIPELINE ROUTE EXISTING PLATFORM #62 X= 2,377,173 Y= 769,480 GRAPHIC SCALE: 1" =1000' X PROPOSED SURFACE LOCATION ST 71 WELL NO 1 X = 2,372,350 Y = 765,583 engInee,ing41Nng- surveyIng R.t. Ye 2000' 3000' LEGEND 3/55 -8 X — — STATE TRACT UNE EXISTING WI I S NOTES: 1. COORDINATES ARE BASED ON GPS DATA WITH AN ACCURACY OF ± ONE METER. 2. ALL BEARINGS AND COORDINATES SHOWN ARE BASED ON THE TEXAS STATE PLANE COORDINATE SYSTEM OF 1927, TEXAS SOUTH ZONE. 3. ALL SURVEY LINES ARE APPROXIMATE. SABCO OPERATING COMPANY 1360 POST OAK BLVD., SUITE 2300 HOUSTON, TEXAS 77056 -3050 SCALE 1^ =1000' DRAWN BY: DW Br: PROPOSED PLAT OF STATE TRACT 71 WELL NO. 1 PRODUCTION LINE CORPUS CHRISTI BAY, NUECES COUNTY, TEXAS E AEF AUGUST 2006 JOB NO. 681 -06103 HLL1 NO. m- %l,9 -9sv*9 P.O.Bo 2927, Capus Chu. Tans 78403 820 BAk4o-CtiCipurGhnsti. Texas 78401 Om 381.937.8851 fat 3519g7gg55 EXHIBIT B 4 OF 4 e -mot mOnrnccom n.,ne- nc.com SHEET 4 OF 4 Saltet August 14, 2008 Mr. Ricardo Guzman Petroleum Superintendent City of Corpus Christi 4225 South Port Street Corpus Christi, TX 78415 RE: ST 71 #1 drilling permit Corpus Christi Bay Dear Mr. Guzman: RECEIVED AUG 1 8 2008 BY: Sabco Operating Company is hereby applying for a permit to drill the captioned well outside the cluster area. Attached, please find the following documents: • Application foam • Check for $1,500 Application Fee • Statement of justification for drilling outside the "cluster" areas. • casing program • List of Lease Owners We have directed RVE Surveying Company to provide the necessary plats and maps to satisfy your requirements for presenting this application to the Oil and Gas Committee. We would appreciate favorable consideration of this application. Please contact me at 713 - 840 -1980 or at iameson mnasabcooil.com if you need any further information for processing this permit. Very truly yours, Sabco Operating Company Max Jameson Environmental/Regulato F:\Sabco Operating CompanylRegulamry Agmrciestity of Corpus Christi 55#8'o8-03 -04 Justification to Drill 55#8 & 65#1 outside the cluster srea.doc —118 - 1 un Pne C n4 Rlvd Sate 2300 • Houston. Texas 77056 -3050 • 713 -840 -1980 • 713 - 840 -0135 Fax EXHIBIT "D" CORPUS CHRISTI, TEXAS OIL AND GAS REGULATION APPLICATION FOR. PERMIT TO: The City of Corpus Christi, Texas FROM: Sabco Operating Company 1360 Post Oak Blvd., Suite 2300 Houston, Texas 77056 -3050 (hereinafter called "Applicant') RECEIVED FEB 072008 Pursuant to the Corpus Christi Oil and Gas Ordinance, and particularly that part appearing as City Code Oil and Gas Chapter 35, and the rules and regulations pursuant thereto, Applicant respectfully requests that it be granted a permit to drill and operate a well for production of oil, gas and other minerals within the City limits of said City at the location and in the manner set forth herein. IDENTITY: Applicant is a person a partnership . a Private corporation X existing under the laws of the State of Texas a public corporation other association , Applicant's agent for addressing correspondence and for delivery of service of notice or citation relating to this application and any permit granted thereon, until further written notice, is: Max Jameson Sabco operating Company 1360 Post Oak Blvd., Suite 2300, Houston, TX 77056 -3050 In addition to Applicant, the parties listed as follows own a working interest in the well (if none so state): See attached WELL DATA Well Name: State Tract 71 #1 Field Name: Frio Surface Location: X= 2,372,350; Y= 765,583 Bottomhole Location: X = 2,372,755: Y = 765.584 Vertical Depth: 9,500' Projected Date of Commencement of Drilling: 05-01 -2008 —1 1 9— CYYIQIT "M Regular or Exceptional Permit: This Application does (dees -net) request an exception to any requirements of Oil and Gas Chapter 35 of the City Code. (NOTE: If the permit requested is exceptional, state the reasons therefor in detail, using attachments and supporting data to the degree deemed necessary.) Applicant's Warranties and Agreements: Applicant warrants that all things stated or represented as factual in this application and any attachments thereto are true and correct, and that all material representations of Applicant made in connection therewith are and will be true and correct; at the penalty of any permit granted herein being null and void. Applicant understands that any permit granted pursuant to this application is and will be subject to all valid ordinances, rules and regulations of the City of Corpus Christi governing the subject matter, as well as all other valid and applicable laws, rules and regulations of other governmental bodies having jurisdiction. Applicant is familiar with these, or has notice of same, and agrees to comply therewith. Applicant will submit to the City Council, the Oil and Gas Advisory Committee or to the City Manager any and all other information or data respecting this application required to be furnished; and Applicant will appear before any such body or person for conference, public or private hearing, and give testimony reasonably required hereunder. In Bay Recreation Areas, Applicant hereby agrees, insofar as it has the right and authority so to do, to allow lessees of State Lease Tracts adjoining the State Lease Tract covered by this application to utilize unused surface locations on its tract as prescribed by Ordinance of the City of Corpus Christi and on the terms and conditions set forth in such Ordinance. In Marine Areas, Applicant agrees to furnish boat transportation during normal working hours from shore to the location covered by this application for the purpose of any inspection of said location and facilities situated thereon conducted by any official or employee of the City of Corpus Christi; provided that no extra duty of care is thereby imposed on Applicant. Attached hereto are true copies of all existing permits or applications for permits from other governmental agencies, pertaining to the well for which this application is made. In nonexempt Land Drilling Blocks, attached hereto is a list of all owners of unleased minerals and the fractional share of the Drilling Block owned as provided for in City Code Section 35 -83 (B) (2) Attached hereto is the bond required by the City of Corpus Christi for operations pertinent to the location applied for (I anrt, Bay, or Gulf): (or) reference is here made to the blanket bond filed by Applicant with the City Petroleum Superintendent (or) reference is made to the Indemnity Agreement between Applicant and the City of Corpus Christi filed with the City Petroleum Superintendent. Attached hereto is a copy of the insurance policies or certificates required by the City of Corpus Christi City Code; (or) reference is here made to the copy of the insurance policy or Indemnity Agreement on file in the Oil and Gas Well Division which is sufficient to cover this application. Attached hereto is a plat of the area where drilling is to be conducted showing the proposed location on surface and at bottornhole. (In "non- producing" land areas the plat shall be —120— EXHIBIT "D" prepared by a licensed public surveyor and include the metes and bounds description of the Drilling block(s) to be unitized.) Attached hereto is the casing program for the well. For land wells: Attached hereto are the names and addresses of the owners of all surface property within 400 feet of the well bore. Applicant hereby agrees that the City of Corpus Christi is authorized to take over and expend funds to retain control of the well as provided in Corpus Christi City Code Section 35 -104. Submitted this 05`h day of February ,2008. Sabco Operating Company Max Jameson The State of Texas Harris County Subscribed and sworn to before me, the undersigned authority, this 05 day of February , 2008 . Notary Public in and for Harris County. Received and Sled this ?2, day of 2006 Applicant City Petr tendent F: Seam Operating Company\ReguWory Agencies\City of Corpus Christi EC 7141 ST 7IMI CCC Application.doc —121— EXHIBIT "D" Working Interest Owners: ST 64#1, ST 65 #1, ST 65#2, ST 66#2, ST 68 #1, ST 71 #1 SABCO OIL AND GAS CORPORATION 1360 Post Oak Boulevard, Suite 2300 Houston, TX 77056 ROYAL ENERGY PARTNERS, LTD. 500 North Shoreline, Suite 807N Corpus Christi, TX 78471 C.C. BAY, L.L.P. 500 North Shoreline, Suite 807 N. Corpus Christi, TX 78471 KERSTING EXPLORATION COMPANY, L.L.P. 54 Twynbridge San Antonio, TX 78259 WAG OIL, L.L.P. 500 North Shoreline, Suite 807 N. Corpus Christi, TX 78471 CATAWBA PRODUCTION COMPANY, L.L.P. 500 North Shoreline, Suite 807 N. Corpus Christi, TX 78471 COSTELLO EXPLORATION COMPANY, L.L.P. 3780 Grassmere Corpus Christi, TX 78415 HAMMER EXPLORATION, L.L.P. 500 North Shoreline, Suite 807 N. Corpus Christi, TX 78471 H R EXPLORATION, L.L.P. 4118 Nicklaus Corpus Christi, TX 78413 HARRIGAN ENERGY PARTNERS, INC. 16821 Buccaneer, Suite 106 Houston, TX 77058 -2512 RWH, INC. 6246 Agassi Ace Court Spring, TX 77379 —1 2 2— EXHIBIT "0" 13 AGENDA MEMORANDUM October 21, 2008 AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 16 to the engineering services contract with Pierce, Goodwin, Alexander and Linville (PGAL), Inc. of Dallas, Texas in an amount not to exceed $259,744.80 for a restated not to exceed total fee of $2,888,813.80 for the Corpus Christi International Airport Airfield Drainage Phase VI and Taxiway Rehabilitation, Signage and Lighting Improvement Projects for construction management and inspection. AMENDMENT: The amendment provides for additional construction phase and construction inspection services for the Taxiway Rehabilitation, Taxiway Lighting and Aviation Drainage Phase 6 Improvement Projects. The contract was awarded to Haas Anderson of Corpus Christi, Texas. The FAA approved the services being performed by PGAL. FM reserved the right to qualify and approve inspectors for FAA funded projects. FAA is providing 95% of the funding for the projects to be inspected. CONSULTANT SELECTION /PROJECTS: The City selected PGAL for Airport engineering services through an RFP for a multi- year service agreement. The agreement is amended to authorize additional projects as funding becomes available from the FAA. The City has historically utilized multi -year engineering contract to successfully take advantage of year end FAA Discretionary funds. A Request for Proposals was issued and the firm of Pierce Goodwin Alexander Linville (PGAL) was hired in 2004. The local sub - consultant on the projects will be Martinez, Guy and Maybik. Geotechnical, engineering materials testing, inspection and laboratory testing services are being provided by the local PSI office. FUNDING: Funding is available from the Airport Capital Reserves and FM Grants. RECOMMENDATION: Approval of the motion as presented. _■rtz.--siGr /3 % K R5 /0.3 S Fred Segundd / Kevin R. Stowers Director of Aviation Interim Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary Exhibit C. Location Map HAHOMECEVINMEN AIR_ restoredt20041mprovemenis WE- P9MEAmdl6AwdMemo.doc BACKGROUND INFORMATION CONTRACT AMENDMENT SUMMARY: The amendment provides for the design consultant to provide construction inspection services for the project. The following services will be performed: • Provide Project Manager and Engineer to manage and oversee all aspects of Construction Management and Inspection Program. The Engineer will make site visits periodically and as needed for the Project and will be available at all times to consult and provide assistance. The Project Manager will coordinate various aspects of project including assuring proper staffing levels as well as prepare billing and other oversight tasks. • Provide a full -time Civil Inspector trained and familiar with the type of construction required for the project to monitor construction activities, materials testing, track project progress and prepare daily reports for submission to the Airport and Engineer. • Provide Electrical Inspector on an as -need basis depending on construction activities and scheduling to monitor and report on construction activities relating to the installation of airfield lighting, signage or other electrical items, track project progress and prepare daily reports; and • Provide part time clerical support. The contract amendment is needed due to the resignation of the City's Aviation Engineer. The additional professional engineering supervision for aviation projects is not available from other City personnel. The project requires a familiarity with FAA procedures, regulations and documentation. The amendment is based on hourly rates for the actual time required for the project on a not to exceed basis. The fee amount represents up to 12- months of full time on site inspection, part time specialty inspection services (FAA lighting and electrical), professional engineering supervision, project management and clerical support. The City has historically been able to assign City inspectors only on a part time basis to Aviation projects. A complete list of services is included in the contract summary attached. See Exhibit B. PROJECT DESCRIPTION: The Taxiway Rehabilitation project will result in the overlay of the taxiways to address deteriorating pavement and extend the life of the taxiways. It will also widen Taxiway B -4 from 60 -ft to 75 -ft, and widen Taxiway M from 50 -ft to 75 -ft. The Signage /Lighting Improvements will result in the installation of new taxiway signage /lighting complying with current FAA Air Circulars. Airfield Drainage Phase VI will result in the continued upgrade of the airfield drainage system to accommodate a 25 -year rain event. The construction contract with Haas Anderson Construction Ltd., of Corpus Christi, Texas was awarded August 12, 2008. The contract award was in an amount not to exceed $5,369,282.07. FUNDING: Funding is available from Airport Capital Reserve Funds. FAA Grants will reimburse the —126— L1•IJ/l \I CAL! Cl m.lc\nCIJ \nlo C onto 1A C A.nA lcn...dDL sCvkA A.... EXHIBIT A Page 1 of 2 City and fund 95% of the cost for this contract. BOARD /COMMITTEE REVIEW: The Airport Board has reviewed the proposed award and recommended its approval. —127— 1-9Nlniorue CvAAICV]CAI\AID raelnrnd\9(VfAI.nnm..mmonle \AC D(]tI IACGrnd1CA...ADLn C..An d.... EXHIBIT A Page 2 of 2 CONTRACT SUMMARY AMENDMENT No. 16 PGAL will provide architectural and engineering services for additional construction phase services and construction inspection services for the: • CCIA Taxiway Rehabilitation Improvements; and • CCIA Drainage Phase 6 Improvements. The scope of services will include services as provided by the Scope of Services attached as Exhibit A -16 Exhibit A, Section C Summary of Fees, is amended by the authorize services an additional total fee not to exceed fee of $259,744.80. The total Amendment No. 16 not to exceed fee inclusive of all expenses is $259,744.80. A summary of the schedule of fees is attached as Exhibit B -16. PGAL will use the summary of fees for Amendment No. 16 when invoicing the City. Invoices for Amendment No. 16 will be based on the Engineer's estimate of the percentage of the services completed. Invoices for travel, per diem and lodging will be evidenced by a copy of invoices. The restated total not to exceed fee inclusive of all expenses is $2,888,813.80. All other terms and conditions of the June 8, 2004 contract, as amended, between the City and Consultant will remain in full force and effect. Exhibit A -16 continues on following page. Exhibit B Page 1 of 2 H: V1OME\K EVINS\ GEN V,IR_restored\2004Improvements\ E- PGAL\AEAma1b8SumExhB.doc EXHIBIT A -16 Amendment Summary CCIA Construction Projects FY 2008/09 The following services will be performed: 1. Provide Project Manager and Engineer to manage and oversee all aspects of Construction Management and Inspection Program. The Engineer will make site visits periodically and as needed for the Project and will be available at all times to consult and provide assistance. The Project Manager will coordinate various aspects of project including assuring proper staffing levels as well as prepare billing and other oversight tasks. 2. Provide a full -time Civil Inspector trained and familiar with the type of construction required for the project to monitor construction activities, materials testing, track project progress and prepare daily reports for submission to the Airport and Engineer. 3. Provide Electrical Inspector on an as -need basis depending on construction activities and scheduling to monitor and report on construction activities relating to the installation of airfield lighting, signage or other electrical items, track project progress and prepare daily reports. 4. Provide vehicles, airfield radios and any other equipment necessary for the Engineer and Inspectors to work within the Airport Operations Area. All on -site employees will be badged as required. 5. Provide off -site clerical and technical staff for preparation of proper construction management and inspection documentation. 6. Participate in pre- construction conference with Project Manager and Inspector(s) in attendance. 7. Attend weekly construction meetings and help resolve design and construction matters. 8. Advise CCIA representatives on minor changes that do not affect cost and /or quality of the Contractor's work. 9. Consult with Airport on changes in scope or design that affect cost and make recommendations to Airport for solution. 10. Review and coordinate contractor's progress schedule and critical path updates with the contractor and airport representatives. 11. Monitor amounts owed to the Contractor for progress and final payments. 12. Monitor and report on status of traffic control, barricades, SW3P, lighted runway closure markers, and other tasks deemed as necessary. 13. Make pre -final and final inspections with the Airport staff and provide a statement of completion for the project. 14. Review the Contractor's as -built construction drawings and prepare records of project as constructed. It is our understanding that the Airport will not require the Contractor to provide an on -site field office for the engineer or inspector. We also understand that the airport will make available to the Inspector office space, facsimile machine, photocopier, file space and various other items as required for the preparation and distribution of Construction Management documentation. Exhibit B Page 2 of 2 HAHOME\KEVINS \GEN\ AIR_ restored120041mprovements \AE- PGAUAEAmlZ MExhB.doc File : \Mproject\ councilexhibits \exh10019,10020,10021b.dwg San Patricio County PROJECT LOCATION 1000 INTERNATIONAL DRIVE CORPUS CHRISTI, TEXAS LOCATION MAP NOT TO SCALE CESAR CHAVEZ BLVD. HWY 44 AGNES RD. SITE PLAN NOT TO SCALE CITY PROJECT No. 10019, 10020, 10021 N 1 TAXIWAYS ID EXHIBIT "C" TAXIWAY REHABILITATION, TAXIWAY SIGN - AGE/LIGHTING AND DRAINAGE PHASE VI IMPROVEMENTS -1Rn- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -06 -2008 MP MN 14 AGENDA MEMORANDUM DATE: October 21, 2008 SUBJECT: Cefe Valenzuela Landfill Section Change Order No. 3 (Project 5225) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Change Order No. 3 with Longhorn Excavators, Inc., of Richmond, Texas in the amount of $59,602.00 for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation for sump modifications — Project # 5225. ISSUES: Groundwater conditions have been more severe that was indicated by geotechnical analysis and groundwater modeling for the site. Additional work is required to de -muck the sump, install additional gravel and rock drain media, pipes and other modifications. RECOMMENDATION: Approval of the motion as presented. vleAg Kevin R. Stowers wrence Mikolajczyk Interim Director - Engineering Services Interim Director of Solid Waste Services Attachments: a. Additional Information b. Change Order Summary c. Site Map H:W OME\KEVINS \GEN\ LANDFILL\ ValenzuelaCells4A4B \CO3Memo.doc —133— ADDITIONAL INFORMATION SUBJECT: Cefe Valenzuela Landfill Section Change Order No. 3 (Project 5225) Change Order: The change order provides for: The modification of the groundwater sump is necessary to address continuing flows of groundwater and silt into the sump. The following modifications are necessary to ensure the groundwater drainage system will function as designed. The items included are: • De -muck 46 -ft x 46 -ft sump area to permit excavator to sit in sump area; • Excavate sump area and install 250+ tons of 3 -in x 5 -in rock to elevation 17.0 and place geotextile fabric above 3 -in x 5 -in rock; • Provide, mix, and install the following materials between elevation 17.0 and 20.0 in sump area, and install at no additional charge the geotextile fabric specified by the original contract at elevation 20.0; • 143± tons of oversized washed rock; • 143+ tons of 1.0 -in washed gravel drain media; • 284+ tons of washed concrete sand; • Install custom 12.0 -in ADS perforated pipe and geotextile wrap flow line at elevation 17.0 to the extent practical; and • Install 24 -in diameter ADS perforated pump riser pipes with geo -net, bull rock, geotextile and gravel drain media. It is not anticipated that any further change orders will be required. Completion of the project is anticipated during November. A summary of the Change Order is attached. See Exhibit B. 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). 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). July 8, 2008 - Motion authorizing the City Manager, or his designee, to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an Exhibit "A" Page 1 of 2 H:\HOMMKEV INS \GEN\ LANDFILL\ ValenzuelaCells4A4B \CO3BYgExA.doc estimated amount not to exceed $100,400.00 for Cefe Valenzuela Landfill Leachate Ponds Groundwater Monitoring System (M2008 -167). July 22, 2008 - 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 (M2008,-185). September 9, 2008 - Motion authorizing the City Manager, or his designee, to execute Change Order No. 2 for leachate pond service roadways, containment pond, culverts, and roadway repairs in the amount of $297,986.35 with Longhorn Excavators, Inc., of Richmond, Texas for the Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation (M2008 -236). 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: Award of construction contract for Sector 4B. RECOMMENDATION: Approval of the motion as presented. FUNDING: Funding is available from the Sanitary Landfill 2006 CIP Funds. Exhibit "A" Page 2 of 2 H:V1OM EV(E V I NS \G EN\ LANDFILL \Va lenzue IaCeIIs4A4B \CO3BItiA.doc DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET OCTOBER 21, 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 25% Limit Amount Change Order No. 1 (05/27/08) Change Order No. 2 (09/11/08) Change Order No. 3 (10/21/08) Total —136— 2,369,450.00 592,362.50 231,399.00 297,986.35 59,602.00 588,987.35 = 24.86% < 25% Exhibit B Page 1 of 2 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER NO: 3 FUNDING SOURCE: 550910- 3362- 00000 - 140328 CONTRACT TIME: 148 C.D. Operating Department: Engineering Services DATE: October 2, 2008 Name of Project: Cefe F. Valenzuela Landfill Section 4A Liner & Leachate Collection System and Section 4B Excavation — Proiect # 5225 Contractor: Longhorn Excavators, Inc. • CHANGE AS FOLLOWS: Sump modifications to address groundwater /silt conditions: 1. De -muck 46 -ft x 46 -ft sump area to permit excavator to sit in sump area, 2. Excavate sump area and install 250+ tons of 3 -in x 5 -in rock to elevation 17.0 and place geotextile fabric above 3 -in x 5 -in rock, 3. Provide, mix, and install the following materials between elevation 17.0 and 20.0 in sump area, and install at no additional charge the geotextile fabric specified by the original contract at elevation 20.0: • 143+ tons of oversized washed rock; • 143 +tons of 1.0 -in washed gravel drain media; and • 284+ tons of washed concrete sand. 4. Install custom 12.0 -in ADS perforated pipe and geotextile wrap flow line at elevation 17.0 to the extent practical 5. Install 24 -in diameter ADS perforated pump riser pipes with geo -net, bull rock geotextile and gravel drain media TOTAL: ADD DEDUCT $3,250.00 $13,875.00 $19,657.00 $16,320.00 $6,500.00 $59,602.00 Why was this change necessary? (If left off the plans and specifications, explain why) Groundwater conditions have been more severe that was indicated by aeotechnical analysis and groundwater modeling for the site. Action is necessary to address continuing flows of silt into sump area. How can similar changes be avoided in the future? Conduct a cost/benefit study to determine whether the reduced volume capacity would warrant a shallower excavation to avoid potential change orders to address groundwater. A. CONTRACT PRICE $ 2,369,450.00 B. TOTAL CHANGE ORDER (inc. current) $ 588,987.35 C. NEW CONTRACT PRICE $ 2,898 835.35 D. THIS CHANGE ORDER $ 59,602.00 E. PERCENT TOTAL CHANGE (B /A) 24.86% Project Engineer F. PREVIOUS ADDN'L TIME AUTHORIZED 0 CD G. ADDN'L CONTRACT TIME THIS CHANGE ORDER 7 CD H. TOTAL ADDITIONAL TIME 0 CD CITY OF CORPUS CHRISTI, TEXAS By City Engineer APPROVED: CONTRACTOR By: Title: Operating Department Director of Management & Budget Legal Department -137- Exhibit B Page 2 of 2 \Mproject \councilexhibits\ exh5225bCO2c.dwg F.Y. 43 NUECES COUNTY F.M. 665 8 F.M. 20 J.C. ELUOTT LANDFILL FM 2444 F.M 16 s F.M. 14 F.M. 16 F.M. 43 CD m N 2 N CEFE F. VALENZUELA MUNICIPAL LANDFILL LOCATION MAP tWset vows - - °. rte_.. :avi o'"':. .,1" wi m maroiur ie ut I.� / / � � w � i l i ` linnrilittf14$ P � S Pr 0,, / U U /‘ s''t 1 k k \ \A� , � t J PROJECT NO. 5225 SITE LOCATION MAP NOT TO SCALE EXHIBIT "C" CEFE F. VALENZUELA LANDFILL SECTION (CHANGE ORGER NO. 2) -138- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/07/2008 15 AGENDA MEMORANDUM City Council Action Date: March 25, 2008 SUBJECT: Packery Channel Boat Ramp Parking Lot and Access Road (Project No. 3295) AGENDA ITEM: a. Ordinance appropriating $96,492.07 from the Unreserved Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and other construction suspension costs for the Packery Channel Boat Ramp Parking Lot and Access Road as per Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $96,492.07. b. Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas, in the amount $96,492.07 for a revised total contract price of $854,322.10 for the Packery Channel Boat Ramp Parking Lot and Access Road FY 2007 -2008 for contractor mobilization, demobilization and other construction suspension costs. ISSUE: The project was suspended during the summer to minimize disruption of public use of the facility during peak demand. This allowed the entrance roadway to be completed prior to the summer and have the parking lot available for public. FUNDING: Funding is available from the Reinvestment Zone No. 2 Fund 1111 upon appropriation. RECOMMENDATION: Staff recommends approval of the items as resented. Sally Gavli Director of Additional Exhibit "A" Exhibit "B" Exhibit "C" rks & Recreation Support Material: Background Information Change Order Summary Location Map evin R. Stowers Interim Director of Engineering H1 HOMED( EVINS\ GENNACKERY1 3295AccessRoadParkingLo1 1CO2Memo.doc _1 41— AGENDA BACKGROUND INFORMATION SUBJECT: Packery Channel Boat Ramp Parking Lot and Access Road (Project No. 3295) CHANGE ORDER SUMMARY: The change order provides for the materials cost escalation that resulted during the suspension of work. The materials being delivered to the contractor are being delivered beyond the completion date of the original contract to complete the project. Material suppliers declined to honor their bid prices beyond the original contract duration time due to cost escalations from their suppliers and the delay in the project. Review of the material costs incurred by the contractor by the project manager (ECMS, Felix Ocanas, P.E.) verified that the cost escalation is warranted. The contract was bid, funds appropriated and certified based on a grant award commitment letter from the Texas Department of Parks and Wildlife. The contract was awarded, and the notice to proceed issued to the contractor based upon the commitment letter. The City was subsequently informed by Texas Parks and Wildlife that the paperwork to make funding available from U. S. Fish and Wildlife had been delayed. Therefore, the delay was needed to comply with the grant regulations that work was performed after the federal paperwork commitment had been secured. Work was suspended due the need to comply with the grant regulations for reimbursement of expenses and to avoid shutting the facility down during the peak summer tourist season. PROJECT DESCRIPTION: The project consists of the construction of approximately 17,000 square yards of HMAC flexible pavement parking facility adjacent to the existing Packery Channel Boat Ramp; construction of a 24 -foot wide, 1,200 LF (HMAC) access road and related signage and pavement markings and other items including installation of 1,000 square yards of concrete - reinforced pavement adjacent to the boat ramp, concrete bollards, minor drainage improvements, 3,500 linear feet of electrical conduits and pull boxes for future lighting, and minor landscaping items. CONTRACT TERMS: The original contract specified that the project was to be completed in 120 calendar days. Due to the suspension of work completion is anticipated to be early December 2008. PROJECT BACKGROUND: The Packery Channel Project, including the boat ramp, was completed and the official ribbon cutting was held on October 6, 2006. The City of Corpus Christi was awarded a $500,000 grant from the Texas Parks and Wildlife Department (TPWD) on February 28, 2005 for expenses associated with the boat ramp. The City applied for another TPWD grant in the amount of $500,000 to construct a parking lot and access road to the boat ramp (Phase 2). That grant was awarded on January 26, 2007. The access road and parking lot project has been coordinated with the Texas General Land Office and Corps of Engineers permits have been acquired. Access for future H.\ HOME\ KEVINB\ GEN\ PACKERY13295AccessRoadParkingLol \CO2BkgExhA.doc 1 42— phases including parking along Packery Channel was considered in the design of this Phase 2 project. After construction of the access road and parking lot, a separate aid -to- construction agreement will be executed with AEP for area lighting. The Packery Channel project is a storm damage reduction and environmental restoration project performed by the United States Corps of Engineers (USAGE) Galveston District in which the City of Corpus Christi was the local sponsor. The project consisted of a channel between the Gulf Intracoastal Waterway and the Gulf of Mexico. The channel provided material for beach nourishment and backfill at the base of an existing floodwall and water exchange between the Laguna Madre and the Gulf of Mexico. FUNDING: Funding is available the Reinvestment Zone No. 2 Fund (Packery Channel). HA HOME ( EVINS\ GENIPACKERY1 3295ACCessRoadParkingLot 1CO2Bk9ExhA.doc 43_ DEPARTMENT OF ENGINEERING SERVICES CHANGE ORDER SUMMARY SHEET October 21, 2008 PROJECT: Packery Channel Boat Ramp Parking Lot and Access Road (Project No. 3295) APPROVED: COUNCIL APPROVAL 03/25/08 (M2008 -079) CONTRACTOR: Garrett Construction, Inc. P. O. Box 1028 Ingleside, TX 78362 TOTAL CONTRACT AMOUNT 732,872.03 25% Limit Amount 183,218.00 Change Order No. 1 (04/28/08) 24,958.00 Change Order No. 2 (10/21/08) 96,492.07 Total 121,450.07= 16.6% < 25% Funding: 550030 - 1111 -14800 —144— Exhibit B Page 1 of 2 CHANGE ORDER Department of Engineering Services City of Corpus Christi, Texas CHANGE ORDER No: 2 PROJECT No: 3295 CONTRACT TIME: 120 CD Operating Department: Park and Recreation Department Date: October 1, 2008 Name of Project: Packery Channel Boat Ramp Parking Lot and Access Road Contractor: Garrett Construction Co. CONTRACT CHANGE ADD ITEM F -1 (NEW) Contract Suspension Costs. Contractor was directed to suspend construction Operations on May 14, 2008 and directed to resume work on September 1, 2008. See Contractor's letter dated September 25, 2008, 1 page, with enclosure, 3 pages requesting a change order for compensation for cost escalation due to the suspension..... $96,492.07 TOTAL THIS CHANGE ORDER $96,492.07 Why was this change necessary? (If left off the plans and specifications, explain why) This provides compensation to the Contractor due to suspension of work without the fault or negligence of the Contractor and for the City's convenience. Portions of the Grant funds for this project were not made available in a timely fashion and the lateness of the funds was not made known to the City until after contract award and after start of construction. This provides full compensation to the contractor for said suspension. How can similar changes be avoided in the future? NA A. CONTRACT PRICE $ 732,872.03 B. TOTAL CHANGE ORDERS (include current) $ 121,450.07 C. NEW CONTRACT PRICE $ 854,322.10 D. THIS CHANGE ORDER $ 96,492.07 E. PERCENT TOTAL CHANGE (B /A) $ 16.6% F. PREVIOUS ADDN'L TIME AUTHORIZED $ 0 G. ADDN'L CONTRACT TIME THIS CHANGE ORDER. . $ 110 CD H. TOTAL ADDITIONAL TIME $ 110 CD CITY OF CORPUS CHRISTI, TEXAS CONTRACTOR: By: By: Director of Engineering Services Title: PROJECT ENGINEER: By: APPROVED: Operating Department Director of Management and Budget Legal Department City Manager City Secretary -145- Exhibit B Page 2 of 2 File : \ Mproject \councilexhibits \exh3295d.dwg LOCATION MAP NOT TO SCALE 0 O TO CORPUS CHRISTI 000 c7 PACKERY CHANNEL BOAT RAMP PARKING LOT AND ACCESS ROAD VICINITY MAP NOT TO SCALE CITY PROJECT No. 3295 EXHIBIT "C" PACKERY CHANNEL BOAT RAMP PARKING LOT AND ACCESS ROAD FY 2007 -2008 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -06 -2008 INS NM 1■11, MIN MP, NM ••••• Page 1 of 2 AN ORDINANCE APPROPRIATING $96,492.07 FROM THE UNRESERVED FUND BALANCE IN THE REINVESTMENT ZONE NO. 2 FUND 1111 FOR CONTRACTOR MOBILIZATION, DEMOBILIZATION AND OTHER CONSTRUCTION SUSPENSION COSTS FOR THE PACKERY CHANNEL BOAT RAMP PARKING LOT AND ACCESS ROAD AS PER CHANGE ORDER NO. 2 TO THE CONSTRUCTION CONTRACT WITH GARRETT CONSTRUCTION OF INGLESIDE, TEXAS; CHANGING THE FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE APPROPRIATIONS BY $96,492.07; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $96,492.07 is appropriated from the unreserved fund balance in the Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and other construction suspension costs for the Packery Channel boat ramp parking lot and access road as per Change Order No. 2 to the Construction Contract with Garrett Construction of Ingleside, Texas. The FY2008 -09 Operating Budget adopted by Ordinance No. 027776 is changed by increasing appropriations by $96,492.07. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the of October, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: 0c4i 10 , 2008 By: .4 Lisa Aguilar Assistant City Attorney For City Attorney H:LLEG- DIR \Lisa12008 ORDINANCES \ORD- Approp- PackeryBpa itrp.doc Page 2 of 2 Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LEG- DIMLisa\2008 ORDINANCES \ORD- Approp- PackeryBgatRamp.doc 16 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2008 AGENDA ITEM: An ordinance amending the code of ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee; providing for severance; and providing for publication. ISSUE: To establish the Senior Companion Program Advisory Committee. This committee will advise the City Council on the Senior Companion Program. REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee. PREVIOUS COUNCIL ACTION: On July 22, 2008 Council approved a resolution and ordinance for the City Manager or his designee to accept a $270,943 grant awarded by the Corporation for National and Community Services for the Senior Companion Program (SCP). FUNDING: There are no funds to establish the Senior Companion Program Advisory Committee. CONCLUSION AND RECOMMENDATION: Staff recommends the amendment approval to the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Senior Companion Program Advisory Committee. Attachments: Background Information —151— Sal y G Parks and , Director ecreation Department BACKGROUND INFORMATION Upon the support and recommendation of the Corporation for National and Community Service (CNS), the City of Corpus Christi has worked with Parks and Recreation Staff, the Leadership Council on Senior Services and with the City's Legal Department in creating the Senior Companion Program (SCP) Advisory Committee. The committee shall consist of seven (7) members: five at -large representatives; one current SCP Volunteer and one current SCP Volunteer workstation. These members must express an interest in the issues of older adults and have knowledge of their capabilities of older adults. In addition, the staff liaison for the committee will be the SCP Program Coordinator or designated representative and the secretary will be the SCP Community Services Officer or designated representative. This committee shall act as an advisor to the City Council, City Manager and Parks and Recreation Department staff regarding the SCP Program. Some of the duties and responsibilities of the committee are as follows: advise on SCP volunteer recruitment strategies, provide support in recruitment of volunteers and volunteer stations for the SCP Program, serve as community advocates and liaisons for the SCP Program, assist in development of non - federal resources to include fundraising for the SCP Program, advise on programming for impact, advise on how to measure trends and impact of trends in the community regarding the SCP Program, assist with the development and implementation of program evaluations and surveys, conduct an annual assessment of the program by surveying program volunteers, bi- annually assess project accomplishments and impact, and attend special events and activities related to the SCP 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 —152— 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, TO ESTABLISH THE SENIOR COMPANION PROGRAM ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration, Article IV, Miscellaneous Boards, Commissions and Committees, is amended to add new Division to read as follows: "DIVISION 26. SENIOR COMPANION PROGRAM ADVISORY COMMITTEE Sec. 2 -270. Created; purpose. There is hereby created the Senior Companion Program Advisory Committee. The purpose of the committee is to advise the City Council on the Senior Companion Program. Sec. 2-271. Duties. The committee shall act as an advisor to the City Council and City Manager and Parks Department Staff regarding Senior Companion Program, including but not limited to the following activities; "(a) Advise on Senior Companion recruitment strategies; H :LEG- DIRU.isa\2008 ORDINANCESVSenior Companion Progran1105tWer 9 2008 ORDINANCE.DOC 2 (b) Provide support in recruitment of volunteers and volunteer stations for the Senior Companion Program; (c) Serve as community advocates and liaisons for the Senior Companion Program; (d) Assist in development of non - federal resources to include fundraising for the Senior Companion Program; (e) Advise on programming for impact; (f) Advise on how to measure trends and impact of trends in the community regarding Senior Companion Program; (q) Assist with development and implementation of program evaluations and surveys; (h) Conduct an annual assessment of the program by surveying program volunteers; (i) Bi- annually assess Senior Companion project accomplishments and impact; and (i) Attend special events and activities related to Senior Companion Program. Sec. 2 -272. Membership; terms; filling vacancies. (a) The committee shall consist of seven (7) members. All members must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. One member shall be a current Senior Companion Program ( "SCP ") Volunteer, and one member shall represent the SCP Volunteer Station. To serve as the SCP Volunteer representative, the member must be an active SCP volunteer for at least one MALEG- D[12 '.Lisa\2008 ORDINANCES\ Senior Companion Progwcil €4S 9 2008 ORDINANCE.DOC 3 year, and currently serve a minimum of fifteen (15) hours per week. To serve as the SCP Volunteer Workstation representative, the member must be an executive, director or similar leadership position at a current SCP Volunteer Station for the City of Corpus Christi. (b)Of the initial members, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during any term, the City Council appointment of a new member shall be to fill the unexpired term. Sec. 2 -273. Quorum; officers; staff liaison; meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee, a majority of the whole committee shall elect a chairperson and vice - chairperson to serve during the initial one - year term. Thereafter, the chairperson and vice - chairperson shall be elected by a majority of the whole committee to serve one -year terms. Following the initial election, subsequent elections for chairperson and vice - chairperson shall be held each year at the first regular meeting after appointments to fill expiring terms. H: \LEG- DIR\Lisa @008 ORDINANCES\Senior Companion Progre4 Gs5ber 9 2008 ORDINANCE.DOC 4 (c) The SCP Program Manager, or designated representative, shall serve as the staff liaison and the Community Service Officer or designated representative shall serve as the secretary of the committee and shall send all notices for meetings, keep and preserve the minutes, advise and consult with city officials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. (d) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (e) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommittees shall be appointed only from among members of the committee. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H:V.EG•DIRWisa\2008 ORDINANCES\Senior Companion pmgmt Seiner 9 2008 ORDINANCE.DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: October 10, 2008 By: Lisa Aguilar `) Assistant City Attorney For City Attorney -157- Henry Garrett Mayor 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2008 AGENDA ITEM: An ordinance amending the code of ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee; providing for severance; and providing for publication. ISSUE: To establish the Retired and Senior Volunteer Advisory Committee. This committee will advise the City Council on the Retired and Senior Volunteer Program. REQUIRED COUNCIL ACTION: Action is required by Council to amend the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee. PREVIOUS COUNCIL ACTION: On July 22, 2008 Council approved a resolution and ordinance for the City Manager or his designee to accept a $55,139 grant awarded by the Corporation for National and Community Services for the Retired and Senior Volunteer Program (RSVP). FUNDING: There are no funds to establish the Retired and Senior Volunteer Program Advisory Committee. CONCLUSION AND RECOMMENDATION: Staff recommends the amendment approval to the Code of Ordinances, City of Corpus Christi, Chapter 2, to establish the Retired and Senior Volunteer Program Advisory Committee. Attachments: Background Information —161— Sally G Parks a ik, Director d Recreation Department BACKGROUND INFORMATION Upon the support and recommendation of the Corporation for National and Community Service (CNS), the City of Corpus Christi has worked with Parks and Recreation Staff, the Leadership Council on Senior Services and with the City's Legal Department in creating the Retired and Senior Volunteer Program (RSVP) Advisory Committee. The proposed RSVP Advisory Committee will be made up of seven (7) members: five at- large representatives; one current RSVP Volunteer and one current RSVP Volunteer workstation. Committee members must express an interest in the issues of older adults and have knowledge of their capabilities of older adults. In addition, the staff liaison forthe committee will be the RSVP Program Coordinator or designated representative and the secretary will be the RSVP Community Services Officer or designated representative. This committee shall act as an advisor to the City Council, City Manager and Parks and Recreation Department staff regarding the Retired and Senior Volunteer (RSVP) Program. Some of the duties and responsibilities of the committee are as follows: advise on volunteer recruitment strategies, provide support in recruitment of volunteers and volunteer stations forthe RSVP Program, serve as community advocates and liaisons forthe RSVP Program, assist in development of non - federal resources to include fundraising for the RSVP Program, advise on programming for impact, advise on how to measure trends and impact of trends in the community regarding the RSVP Program, assist with the development and implementation of program evaluations and surveys, conduct an annual assessment of the program by surveying program volunteers, bi- annually assess project accomplishments and impact, and attend special events and activities related to the RSVP 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 and Alameda Oaks Nursing Center. RSVP dedicated 49,821.5 hours of service to various City departments including the Police Department, Neighborhood Services, Airport, Museum, and Parks and Recreation. —162— 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, TO ESTABLISH THE RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Code of Ordinances, Chapter 2, Administration , Article IV, Miscellaneous Boards, Commissions and Committees, is amended to add new Division to read as follows: "DIVISION 28. RETIRED AND SENIOR VOLUNTEER PROGRAM ADVISORY COMMITTEE Sec. 2 -276. Created; purpose. There is hereby created the Retired and Senior Volunteer Program Advisory Committee. The purpose of the committee is to advise the City Council on the Retired Senior Volunteer Program. Sec. 2-277. Duties. The committee shall act as an advisor to the City Council and City Manager and Parks Department Staff regarding Retired and Senior Volunteer ('RSVP ") Program, including but not limited to the following activities; "(a) Advise on volunteer recruitment strategies; H: \LEG- DIR\Lisa\2008 ORDINANCES'Rctired Senior Volunteer Pri October 9 ORDINANCE.DOC 2 (b) Provide support in recruitment of volunteers and volunteer stations for the Retired And Senior Volunteer Program; (c) Serve as community advocates and liaisons for the Retired and Senior Volunteer Program; (d) Assist in development of non - federal resources to include fundraising for the Retired and Senior Volunteer Program; (e) Advise on programming for impact; (f) Advise on how to measure trends and impact of trends in the community regarding Retired and Senior Volunteer Program; (q) Assist with development and implementation of program evaluations and surveys; (h) Conduct an annual assessment of the program by surveying program volunteers; (i) Bi- annually assess project accomplishments and impact; and (1) Attend special events and activities related to Retired and Senior Volunteer Program. Sec. 2 -278. Membership; terms; filling vacancies; ex- officio members. (a) The committee shall consist of seven (7) members. All members must express an interest in the issues of older adults and have knowledge of the capabilities of older adults. One member shall be a current RSVP Volunteer, and one member shall represent the RSVP Volunteer Station. H: \LEG- DIR \Lisa12008 ORDINANCES\Retired Senior Volunteer licsr2in October 9 ORDINANCE.DOC 3 To serve as the RSVP Volunteer representative, the member must be an active RSVP volunteer who volunteers at least one (1) hour per month at a registered RSVP Volunteer Station. To serve as the RSVP Volunteer Workstation representative the member must be an executive, director or similar leadership position at a non - profit agency that operates a RSVP Volunteer Station for the City of Corpus Christi. (b) Of the initial members, four (4) members shall serve a two -year term and three (3) members shall serve a one -year term, as determined by a drawing to be conducted at the initial committee meeting. Thereafter, all terms shall be two (2) years. All members shall serve until their successors are appointed and qualified. (c) In the event a vacancy occurs during any term, the City Council appointment of a new member shall be to fill the unexpired term. Sec. 2 -279. Quorum; officers; staff liaison, meetings; subcommittees. (a) The majority of members shall constitute a quorum, provided that the majority vote of such quorum shall be necessary for the adoption or approval of any matters before the committee. (b) At the first meeting after creation of the committee, the committee shall elect a chairperson and vice - chairperson to serve during the initial one -year term. Thereafter the chairperson and vice - chairperson shall be elected to serve one -year terms. (c) The RSVP Program Manager, or designated representative, shall serve as the staff liaison and the Community Service Officer or designated representative shall serve H:\LEG- DIR \Lisa\2008 ORDINANCES\Retired Senior Volunteer Prvy October 9 ORDINANCE.DOC 4 as the secretary of the committee and shall send all notices for meetings, keep and preserve the minutes, advise and consult with city officials as to the committee's work and recommendations, assist the committee and its subcommittees in planning and coordinating its efforts, and perform such other duties as may be of assistance to the committee. (d) The committee shall meet at least once each month and shall meet on the call of the chairperson or of a majority of its members. (e) The chair of the committee, with the approval of the committee, may establish such subcommittees as may be necessary or appropriate to assist the committee in its studies and in the performance of its duties. Members of such subcommittees shall be appointed only from among members of the committee. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. H: \LEG- DIR\Lisa\2008 ORDINANCES\Retired Senior VolunteecflrOctober 9 ORDINANCE.DOC That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: October 10, 2008 w14 By: Lisa Aguilar ,J Assistant City Attorney For City Attorney —167— 18 ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 53 — TRAFFIC, SCHEDULE V, SECTION 53 -254 (INCREASE OF STATE SPEED LIMIT IN CERTAIN ZONES) BY ESTABLISHING A REVISED SPEED LIMIT OF 70 MPH ON U.S. HIGHWAY 77 (INCREASING THE SPEED LIMIT FROM 55 MPH TO 70 MPH) FROM INTERSTATE HIGHWAY 37 TO THE CITY LIMITS SOUTH; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi Code of Ordinances, Section 53 -254, Schedule V, is hereby amended by adding the underlined text between the following existing paragraphs (as shown below): Up River Road: From Erwin Street to Navigation Boulevard - -35 mph - -At all times From Navigation Boulevard to a point approximately 1,200 feet north of Lantana Road --40 mph - -At all times Those portions of Up River Road within the city limits between a point 1,200 feet north of Lantana Road and Renfrow Road - -40 mph - -At all times Those portions of Up River Road within the city limits between Renfrow Road and Rand Morgan Road - -45 mph—At all times From Violet Road to a point approximately 1,200 feet west of Rehfield Road - -35 mph —At all times From a point approximately 1,200 feet west of Rehfield Road to Sharpsburg Road --40 mph - -At all times From Rand Morgan Road to a point approximately 1,500 feet west of McKinzie Road --40 mph - -At all times From a point approximately 1,975 feet west of Loma Alta Street (near the Missouri- Pacific RR track crossing) to a point approximately 2,200 feet east of Hearn Road --40 mph —At all times From a point approximately 2,200 feet east of Hearn Road to Hearn Road - -45 mph —At all times. U.S. Highway 77: From Interstate Highway 37 to the city limits south - -70 mph - -All times. 093008 ORD Amend 53 -254 US 77 —1 71— U.S. Highway 181: From the north city limits (MP 0.000) to the U.S. Highway 181 /Beach Avenue Interchange (MP 2.064)--65 mph - -All times. From the U.S. Highway 181 /Beach Avenue Interchange (MP 2.064) to a point approximately 250 feet north of the center line of Belden Street - -55 mph--All times. SECTION 2. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 3. A violation of this speed limit may result in a citation being issued and a fine being assessed. SECTION 4. 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. ATTEST: Armando Chapa City Secretary Approved as to form: 22 -Sep -0 � By: YJA Veronica Ocan s Assistant City Attorney for City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor 093008 ORD Amend 53 -254 US 77 —1 7 2— That the foregoing ordinance was read for the first time and passed to its second reading on this the jq-' ' day of 0 c_}-% Le„..- 2008, by the following vote: Henry Garrett 4-1-)a.. Priscilla G. Leal ____ P' Melody Cooper ___ John E. Marez " l9a Larry Elizondo, Sr. �v�_.e, Nelda Martinez _ ec.__ Mike Hummel) /r./ e. Michael McCutchon /�7 a Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly APPROVED AND PASSED on this day of 2008. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor 093008 ORD Amend 53 -254 US 77 -173- AGENDA MEMORANDUM SUBJECT: US 77 SPEED LIMIT INCREASE AGENDA ITEM: DATE: October 14, 2008 Ordinance amending the Code of Ordinance Section 53 -254, Schedule V, Increase of State Speed Limit , by revising the speed limit on U.S. 77 from 55 Miles Per Hour to 70 Miles Per Hour from Interstate Highway 37 south to the City Limit Boundary Line; providing for penalties; providing for severance; and providing for publications. ISSUE: The Texas Department of Transportation conducted a recent speed study on U.S. 77 and is requesting a speed zone change to 70 miles per hour from I.H. 37 south to the City Limit boundary line. Staff recommendation is to amend the Code of Ordinances Section 53 -54 Schedule V, Speed Limits, by establishing the speed limit on U.S. 77 to be changed from 55 mph to 70 mph. REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Section 53 -254, Schedule V, requires City Council Approval. FUNDING: N/A RECOMMENDATION: Approval of the motion as presented. Kevin R. towers, Interim Director of Engineering Services /3/40g Additional Support Material Exhibit "A" Background Information Exhibit "B" Site Map Exhibit "C" Texas Department of Transportation Study —174— BACKGROUND INFORMATION BACKGROUND: Texas Department of Transportation has requested a speed zone change on U.S. Highway 77 from 1.11 37 to the City Limit line. A recent study conducted by Texas Department of Transportation revealed the 85% percentile speed limit to be 70 miles per hour (Exhibit C.) The creation of the new controlled access main lanes warranted TxDOT to conduct a new speed study. A previous study was conducted in 1999 when this section of U.S. 77 had non - controlled access. REVIEWED BY TRANSPORATION ADVISOPRY COMMITTEE: The Transportation Advisory committee has reviewed the recommendation and unanimously voted to recommend approval to the City Council of the proposed Speed Zone Change on U.S. 77 from 55 miles per hour to 70 miles per hour. EXHIBT "A" Page 1 of 1 —175— WEW_M:U, 19 ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 53- TRAFFIC, SECTION 53 -250- SCHEDULE I, ONE -WAY STREETS AND ALLEYS, SECTION (A), BY REMOVING CURRENT ONE -WAY TRAFFIC PATTERN ON RIVERWOOD ROAD TO TWO WAY TRAFFIC IN THE NORTHBOUND AND SOUTHBOUND DIRECTION OF TRAVEL FROM F.M. 624 (NORTHWEST BOULEVARD) TO RIVER HILL DRIVE, AT ALL TIMES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City of Corpus Christi Code of Ordinances, Section 53 -250, is amended by deleting Riverwood Drive from Schedule I, One way streets and alleys, Section (a), as shown: CHAPTER 53 TRAFFIC ARTICLE VIII. SCHEDULES Sec. 53 -250. Schedule I -- One -way streets and alleys. Street or Portion of Street Direction of Traffic SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision hereof be given full force and effect for its purpose. SECTION 3. Publication shall be made one time in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 4. Penalties are as provided in Section 53 -55 of the Code of Ordinances. C: \Documents and Settings \veronicao\DesktopUQt /798.ORD Amend 53 -250 Riverwood.doc That the foregoing ordinance was read for the first time and passed to its second reading on this the I' -1-"' day of c' ob , 2008, by the following vote: Henry Garrett Prsc_- Priscilla G. Leal &"‘") `- Melody Cooper frf, s e,nl— John E. Marez (j -,04, Larry Elizondo, Sr. Nelda Martinez nl.,e. Mike Hummell /k,� e, Michael McCutchon } 4- Bill Kelly (k,2e, 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: 06- Oct -08 Veronica Ocanas Assistant City Attorney for City Attorney C: \Documents and Settings \veronicao \Desktopllfatp8 ORD Amend 53 -250 Riverwood.doc AGENDA MEMORANDUM SUBJECT: Two -Way Traffic Pattern on Riverwood Road. AGENDA ITEM: DATE: October 14, 2008 A. Ordinance amending the Code of Ordinance, Chapter 53- Traffic, Section 53-250 - Schedule I, One -Way Streets and Alleys, Section (a), by removing current one -way traffic pattern on Riverwood Road to two way traffic in the northbound and southbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times; providing for penalties; providing for severance; and providing for publications. B. Motion authorizing the City Manager of his designee to erect a "STOP" sign on River Hill Drive at the intersection of Riverwood Road in the Northbound and Southbound Direction. ISSUE: Texas Department of Transportation has constructed raised medians through out F.M. 624, restricting left tum movements from Riverwood Road onto F. M. 624. This will allow re- establishing the existing one -way northbound traffic on Riverwood Road into two -way traffic in the northbound and southbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times. Given the nature of the two -way traffic on Riverwood Road, it is advised to make the intersection of Riverwood Road and River Hill Drive an All -Way Stop to improve safety. REQUIRED COUNCIL ACTION: Amending the Code of Ordinances Chapter 53- Traffic, Section 53 -250, Schedule I, requires City Council Approval. FUNDING: N/A RECOMMENDATION: Approval of the proposed ordinance as presented. Additional Support Material Exhibit "A" Background Information Exhibit "B" Site Map la` 1 OP Kevin R. Stowers, Interim Director of Engineering Services —1 8 1-- BACKGROUND INFORMATION BACKGROUND: In 1999 there was an increase of right angle collisions at the intersection of Riverwood Road and F.M. 624 (Northwest Boulevard). The accidents were caused by motorist making left turns from Riverwood Road onto eastbound F.M. 624 (Northwest Boulevard). On March 26, 2002, City Council approved converting Riverwood Road from a two -way street into a one -way street in the northbound direction of travel from F.M. 624 (Northwest Boulevard) to River Hill Drive, at all times. Texas Department of Transportation has made recent changes to F.M. 624 (Northwest Boulevard) which includes raised medians. The existing medians restrict left turn movements from Riverwood Road onto F.M. 624 (Northwest Boulevard), thus, allowing changing the current status of Riverwood Road from a one -way in the northbound direction into a two -way traffic in the northbound and south bound direction of travel from F.M. 624 (Northwest Boulevard). REVIEWED BY TRANSPORATION ADVISOPRY COMMITTEE: The Transportation Advisory committee has reviewed the recommendation and unanimously voted to recommend approval to the City Council with the stipulation that an All -Way Stop be installed at Riverwood Road and River Hill Drive and a raised island be installed on Riverwood Road to channelize for right turns only onto F.M. 624 (Northwest Boulevard). EXHIBT "A" Pape 1 of 1 -182- - Wild 31IS - -183- 20 ORDINANCE AUTHORIZING THE CITY MANAGER OR DESIGNEE TO LEASE REAL PROPERTY TO THE UNITED STATES COAST GUARD FOR $1.00 A YEAR FOR A TERM OF NINETEEN YEARS, NINE MONTHS (BEGINNING ON JANUARY 1, 2009 AND ENDING ON SEPTEMBER 30, 2028) IN CONNECTION WITH A NAVIGATION MARKER MOUNTED ON THE EAST WALL OF THE SOUTH TEXAS INSTITUTE FOR THE ARTS BUILDING, AN AID TO NAVIGATION (ATON) STRUCTURE KNOWN AS THE "CORPUS CHRISTI CHANNEL CUT 'B' WEST RANGE FRONT LIGHT (ACLL 7817) "; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a lease and all related documents to the U.S. Government (United States Coast Guard) for $1.00 a year for a twenty -year term (from January 1, 2009 to September 30, 2028) in connection with a navigation marker or Aid to Navigation (ATON) mounted on the east wall of the South Texas Institute for the Arts Building and known as the "Corpus Christi Channel Cut 'B' West Range Front Light (ACLL 7817)." SECTION 2. Publication shall be made as required under § 3, Article IX of the City Charter of the City of Corpus Christi. ATTEST: Armando Chapa City Secretary Approved as to form: 1 - Sep -08 Veronica Ocanas Assistant City Attorney For City Attorney 092308 ORD 20 -yr lease to USCG CITY OF CORPUS CHRISTI Henry Garrett Mayor —187— That the foregoing ordi a ce was read forte first time and passed to its second reading on this the egay of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED on this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor, the City of Corpus Christi 092308 ORD 20 -yr lease to USCG —188— STANDARD FORM 2 FEBRUARY 1965 EDITION / GENERAL SERVICES ADMINISTRATION FPR (41 CFR) 1- 16.601 U.S. GOVERNMENT LEASE FOR REAL PROPERTY DATE OF LEASE LEASE No. October 01, 2008 HSCG82- 08- L- 8N3067 THIS LEASE made and entered into this date by and between City of Corpus Christi, whose address is 1201 Leopead Street, Corpus Christi, TX 78469 -9277, and whose interest in the property hereinafter described is that of Owner, hereinafter called the Lessor, and the UNITED STATES OF AMERICA, hereinafter described as the United States Coast Guard, hereinafter called the Government: WITNESSETH: The parties, hereto for the consideration hereinafter mentioned, covenant and agree as follow: 1. The Lessor hereby leases to the Government the following described premises, hereinafter referred to as the "premises ". Site address: A show on excerpt copy of US Coast and Geographical Survey Chart No. 523, marked Exhibit "A" dated January 1962, and incorporated by reference herein known as Corpus Christi Channel Cut 93" West Range Front Light (ACLL 7817) 2. TO HAVE AND TO HOLD the said premises with their appurtenances for the term beginning on January 1, 2009 through September 30, 2028, subject to termination and renewal rights as may be hereinafter set forth. 3. CONSIDERATION: The consideration for this lease shall be $1.00, of which the receipt and sufficiency is hereby acknowledged for the operation and maintenance of this property to be used by Aids to Navigation equipment for the benefit of the general public in accordance with the terms and conditions hereinafter set forth. 4. NOTICE: The Government may terminate this lease, for cause, at any time by giving at least thirty (30) days notice in writing to the Lessor and no rental shall accrue after the effective date of termination. Said notice shall be computed commencing from the date of receipt of termination notice. The Lessor may terminate this lease at any time by giving at least ninety (90) days notice in writing to the Government. Said notice shall be computed commencing from the date of receipt of termination notice. STANDARD FORM 2 FEBRUARY 1965 EDITION 1 HSCG82- 08- L- 8N3067 —189— 5. This lease will continue (14 U.S.C. § 672) with the same terms and conditions, unless and until the Government shall give notice of termination in accordance with paragraph 4, provided that adequate appropriations are available from year to year for payment of rentals, and provided further that this lease shall in no event extend beyond September 30, 2028. 6. A Supplemental Agreement will be utilized to make changes /adjustments to this lease. 7. TAX IDENTIFICATION: All leases must include either a nine -digit Federal Tax Identification number or a Social Security number. Please indicate below: Name of Lessor: City of Corpus Christi Tax ID number: 74- 6000574 Telephone number: (361) 826 -3516 (City Property Mgr office) 8. COMPLIANCE WITH APPLICABLE LAW: The Lessor shall comply with all Federal, State, and local laws applicable to the Lessor as Owner or Lessor, or both, of the Premises, including, without limitation, laws applicable to the construction, ownership, alteration or operation thereof, and will obtain all necessary permits, licenses and similar items at Lessor's expense. The Government will comply with all Federal, State, and local laws applicable to and enforceable against it as a tenant under this lease; provided that nothing in this lease shall be construed as a waiver of any sovereign immunity of the Government. This lease shall be governed by Federal law. 9. MAILING: Mailing refers to Certified Mail with return receipt and the date of acceptance being the start date. 10. CHANGE OF OWNERSHIP NOTIFICATION: Lessor will notify Government within thirty (30) days of any transfer of ownership of the described property; or change in payment mailing address. 11. SUCCESSORS BOUND: The lease shall bind, and inure to the benefit of, the parties and their respective heirs, executors, administrators, and successors. 12. INDEMNIFICATION: The Government, in the manner and to the extent provided by Federal Tort Claims Act (28 U.S.C. § 2671 - 2680), as amended), shall be liable for, and shall hold the Lessor harmless from claims for damage or loss of property, personal injury or death caused by the act or omissions of the Government, its officers, employees and agents in the use of the leased premises. 13. INGRESS/EGRESS: Lessor hereby grants to the Government, its contractors and other duly assigned personnel, the right of ingress and egress (both vehicular and pedestrian) necessary or convenient for the installation, use, maintenance, repair, operation, and replacement of Government owned equipment across Lessor's property. STANDARD FORM 2 FEBRUARY 1965 EDITION 2 HSCG82- 08- L- 8N3067 —190— 14. GOVERNMENT INSPECTION: The Government reserves the right, at any time after the lease is signed and during the term of the lease, to inspect the leased premises and all other areas of the building to which access is necessary to ensure a safe and healthy work environment for the Government tenants and the Lessor's performance under this lease. 15. PERFORMANCE FAILURE: If Lessor fails to cure or remedy any failure to perform any service, to provide any item, or meet any requirement of the lease within thirty (30) days of Governments written notice to Lessor, Government may deduct any cost incurred for the service or item, including administrative costs, from rental payments or Government may perform the service, provide the item, or meet the requirement, either directly or through a contract. 16. ANTI- DEFICIENCY ACT (31 U.S.C. § 1341, as amended): Nothing in this lease shall constitute an obligation of funds of the United States in advance of an appropriation thereof. 17. INSURANCE: The Government is a self - insured entity. 18. TAXES AND ASSESSMENTS: The Government is not responsible or liable for any real property or personal property taxes, personal taxes, nor assessments levied or assessed upon or against the leased premises. 19. CONDITION OF USE: The Government is responsible for meeting all applicable Federal, State and local safety and other codes, and for obtaining all applicable Federal, Sate and local permits, licenses, or other authorization required for operation of its equipment. 20. EQUIPMENT INSTALLATIONS, MAINTENANCE, INTERFERENCE, AND REMOVAL: The Government is solely responsible for all costs connected with the installation and maintenance of all Government owned equipment located on the leased Premises. Installation and operation of Government equipment shall be done according to applicable Government codes and accepted industry standards. 21. WARRANTY: Lessor makes no warranty, express or implied, as to the suitability of the leased Premises for the Government's intended use or purpose and expressly disclaims any such warranty. 22. SUBLETTING /ASSIGNMENT: Government may not sublet or assign the leased Premises. 23. LEASE ADMINISTRATION: Administration of subject lease will be accomplished by: Commander (rp), US Coast Guard, Civil Engineering Unit Miami, 15608 SW 117 Avenue, Miami, Florida 33177, Telephone: (305) 278- 6717.. 24. SEVERABILITY: If any term or provision of this lease is held invalid or unenforceable, the remainder of this lease shall not be affected thereby and each term and/or provision hereof shall be valid and enforced to the fullest extent permitted by law. STANDARD FORM 2 3 HSCG82- 08- L- 8N3067 FEBRUARY 1965 EDITION —1 91— 25. DISPUTES (DEC 1998): This contract is subject to the Contract Disputes Act of 1978, as amended (41 U.S.C. § 601 -613). Except as provided in the Act, all disputes arising under or relating to this contract shall be resolved under this clause. a. "Claim ", as used in this clause, means a written demand or written assertion by one of the contracting parties seeking, as a matter of right, the payment of money in a sum certain, the adjustment or interpretation of contract terms, or other relief arising under or relating to this contract. A claim arising under a contract, unlike a claim relating to that contract, is a claim that can be resolved under a contract clause that provides for the relief sought by the claimant. However, a written demand or written assertion by the Contractor seeking the payment of money exceeding $100,000 is not a claim under the Act until certified as required by subparagraph (b) (2) of this clause. A voucher, invoice, or other routine request for payment that is not in dispute when submitted is not a claim under the Act. The submission may be converted to a claim under the Act, by complying with the submission and certification requirements of this clause, if it is disputed as to either liability or amount or is not acted upon in a reasonable time. b. (1) A claim by the Contractor shall be made in writing and, unless otherwise stated in this contract, submitted within six (6) years after accrual of the claim to the Contracting Officer for a written decision. A claim by the Government against the Contractor shall be subject to a written decision by the Contracting Officer. (2) (i) The Contractor shall provide the certification specified in paragraph (d) (2) (iii) of this clause when submitting any claim exceeding $100,000. (ii) The certification requirement does not apply to issues in controversy that have not been submitted as all or part of a claim. (iii) The certification shall state as follows: "I certify that the claim is made in good faith; that the supporting data are accurate and complete to the best of my knowledge and belief; that the amount requested accurately reflects the contract adjustment for which the Contractor believes the Government is liable; and that I am duly authorized to certify the claim on behalf of the Contractor." (3) The certification may be executed by any person duly authorized to bind the Contractor with respect to the claim. c. For Contractor claims of $100,000 or less, the Contracting Officer must, if requested in writing by the Contractor, render a decision within sixty (60) days of the request. For Contractor- certified claims over $100,000, the Contracting Officer must, with sixty (60) days, decide the claim or notify the Contractor of the date by which the decision will be made. STANDARD FORM 2 4 HSCG82- 08- L- 8N3067 FEBRUARY 1965 EDITION —1 92— d. The Contracting Officer's decision shall be final unless the Contractor appeals or files a suit as provided in the Act. e. If the claim by the Contractor is submitted to the Contracting Officer or a claim by the Government is presented to the Contractor, the parties, by mutual consent, may agree to use alternative dispute resolutions (ADR). If the Contractor refuses an offer for ADR, the Contractor shall inform the Contracting Officer, in writing, of the Contractor's specific reasons for rejecting the offer. f. The Government shall pay interest on the amount found due and unpaid from (1) the date that the Contracting Officer receives the claim (certified, if required), or (2) the date that payment otherwise would be due, if that date is later, until the date of payment. With regard to claims having defective certifications, as defined in FAR 33.21, interest shall be paid from the date that the Contracting Officer initially receives the claim. Simple interest on claims shall be paid at the rate, fixed by the Secretary of the Treasury as provided for in the Act, which is applicable to the period during which the Contracting Officer receives the claim and then at the rate applicable for each six (6) month period as fixed by the Treasury Secretary during the pendency of the claim. 26. ASSIGNMENT OF CLAIMS (JAN 1986): a. The Contractor, under the Assignment of Claims Act, as amended, 31 U.S.C. § 3727, 41 U.S.C. § 15 (hereafter referred to as "the Act "), may assign its right to be paid amounts due or to become due as a result of the performance by contract to a bank, trust company, or other financing institution, including any Federal lending agency. The assignee under such an assignment may thereafter further assign, reassign, or reassign its right under the original assignment to any type of financing institution described in the preceding sentence. b. Any assignment or reassignment authorized under the Act and this clause shall cover all unpaid amounts payable under this contract, and shall not be made to more than one party, except that an assignment or reassignment may be made to one party as agent or trustee for two or more parties participating in the financing of this contract. c. The Contractor shall not furnish or disclose to any assignee under this contract any classified documents (including this contract) or information related to work under this contract until the Contracting Officer authorizes such in writing. (i) When the date for commencement of rent falls on the 15`h day of the month or earlier, the initial monthly rental payment under this contract shall become due on the first workday of the month following the month in which the commencement of the rent is effective. (ii) When the date for commencement of rent falls after the 15th day of the month, the initial monthly rental payment under this contract shall become due on the first workday of the second month following the month in which the commencement of the rent is effective. STANDARD FORM 2 FEBRUARY 1965 EDITION 5 HSCG82- 08- L- 8N3067 —193— 27. This lease incorporates by reference the applicable clauses in GSA Form 3517A ( "General Clause "), with the same force and affect as if they were given in full text. Upon request, the Government will make the full text available or the full text may be found at http: / /www,gsa.Qov /leasingform. 28. This lease supersedes Permit No. Lease 08- 020 -62, which was negotiated with an indefinite term. IN WITNESS WHEREOF, the parties hereto have hereunto subscribed their names as of the date first above written. LESSOR: BY (Signature) (Official title) IN PRESENCE OF: (Signature) (Address) UNITED STATES OF AMERICA DEPARTMENT OF HOMELAND SECURITY / US COAST GUARD BY: Anna Perez - Giuliani, Realty Specialist. (Signature) (Official title) STANDARD FORM 2 FEBRUARY 1965 EDITION 6 HSCG82- 08- L- 8N3067 —194— CITY COUNCIL AGENDA MEMORANDUM Council Action Date: September 23, 2008 AGENDA ITEM: Authorizing the City Manager or designee to lease real property to the United States Coast Guard for $1.00 a year for a term on nineteen years, nine months (beginning on January 1, 2009 and ending on September 30, 2028) in connection with a navigation marker mounted on the east wall of the South Texas Institute for the Arts Building, an aid to navigation (ATON) structure known as the "Corpus Christi Channel Cut 'B' West Range Front Light (ACLL 7817) "; and providing for publication. ISSUE: City Ordinance No. 6471 was approved on March 28, 1962 granting the U.S. Coast Guard a revocable permit to install a navigation marker located near the City barge docks on the south shore of the ship channel. This marker is one of the most critical navigation aids for ships entering the Ship Channel. The Coast Guard has requested a new long term lease which is proposed to begin January 1, 2009 and end on September 28, 2028 at an annual rate of $1.00 per year. This is the same rate included in the original 1962 permit. Generally, an ordinance granting or authorizing the execution of a lease of City property for more than five years must be read at two regular meetings of the City council. The ordinance will not be acted upon until the twenty- eighth day after the first reading and requires a publication of notice of the proposed lease within five days following each of the two readings. FUNDING: None required for this item. RECOMMENDATION: Approval of the ordinance as presented. Attachments: Exhibit A. Exhibit B. Exhibit C. Kevin Stowers Interim Director of Engineering Services Background Information City Council Exhibit (ANTON Front Light ACLL 7817) U.S. Government Lease for Real Property H:WOME\EUSEBIOG\GENWgenda Items \Coast Guard Navigation Marker IeasetAgenda Memorandum.doc —195— BACKGROUND INFORMATION SUBJECT: Coast Guard Lease for Navigation Marker ACLL 7817 BACKGROUND: City Ordinance No. 6471 was approved on March 28, 1962 granting the U.S. Coast Guard a revocable permit to install a navigation marker located near the City barge docks on the south shore of the ship channel. The marker is now mounted on the east wall of the South Texas Institute for the Arts Building as shown on the attached Exhibit B. The navigation marker known as "Corpus Christi Channel Cut "B" West Front Light (ACLL 7817) is needed for navigation purposes of ships approaching the ship channel. The Coast Guard requested a long term lease to replace the current annual lease which will conform to their new Homeland Security Policy. The Coast Guard originally requested that the lease begin on September 1, 2008 and end on September 30th to coincide with their fiscal year. However, due to the City Charter's two reading requirement and twenty - eight day delay, this lease would not take effect until mid - December. The lease term has been renegotiated and revised to begin on January 1, 2009 and end on September 30, 2028. Council approval of the ordinance is requested. PRIOR COUNCIL ACTION: 1. March 28, 1962 - Ordinance authorizing and directing the City Manager Of the City of Corpus Christi, for and on behalf of the City , to execute a contract in the form of a Revocable Permit to the United States Coast Guard in lieu of a Revocable Permit dated August 16, 1961, for the use by the United States Coast Guard of an area 15 feet square located near the City barge docks on the south shore of the ship channel, all as more particularly described and set forth in the permit, a copy of which is attached hereto and made a part hereof, and declaring an emergency. (Ordinance No. 6471) PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: None H:WOME\EUSEBIOG \GENWgenda Items \Coast Guard Navigation Marker lease \Background.doc EXHIBIT A —196— -197- FYHIRIT R 21 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: October 21, 2008) Case No. 0908 -02. Martin Hameka: A change of zoning from a "FR" Farm -Rural District to an "I -2" Light Industrial District resulting in a change of land use from vacant farm land to light industrial uses on property described as 5.009 acres out of Margaret Kelly Land, Tract 3, Tracts A, B and C, located at 5802 Old Brownsville Road, located north of Old Brownsville Road and approximately 1,100 feet southwest of Westpoint and Old Brownsville Road intersection. Planning Commission & Stafrs Recommendation (September 17, 2008): Approval of an "I -2" Light Industrial District. Requested Council Action: Approval of an "I -2" Light Industrial District. Summary: • Request: The applicant requests to rezone three tracts of land to develop the 5.009 acres of existing "F -R" Farm -Rural District land into "I -2" Light Industrial District property. The property is undeveloped agricultural land. With a change in zoning to light industrial, the property will be developed with a 6,000 square foot metal building. It will be slab -on -grade concrete foundation. The building will be divided into three separate spaces to be rented. The applicant has not specified the type of light industrial uses that will occupy the rental spaces. • The purpose of "F -R" Farm -Rural District is to allow outlying areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures but does require all single family uses to be located on lots a minimum of five acres in size. • The purpose of the "I -2" Light Industrial zoning district is to provide for light industrial uses including light manufacturing, open storage, fabrication, warehousing, and wholesale distributing, in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Commercial retail and service uses are allowed, but residential uses are not allowed in the "I -2" Light Industrial District. Article 24 of the Zoning Ordinance, requires a minimum front yard setback of twenty (20) feet without a minimum side or rear yard setback, except when abutting a residential district, then ten feet is required. • Existing Land Uses: The subject property is vacant. The adjacent property to the north is zoned a "F -R" Farm -Rural District, for agricultural purposes. The property to the south and across Old Brownsville Road is zoned an "I -3" Heavy Industry District and is vacant. The adjacent property to the east is zoned an "I -2" Light Industrial District and is partially vacant with existing development consisting of an industrial park and a communications company. The property to the west is zoned "F -R" Farm Rural District and vacant. • Flood Hazard: The subject property is in Zone C. Flood Hazard Zone C represents areas of minimal flooding. • Utilities: An 8 inch water line is located on Old Brownsville Road. Wastewater service is not available. The site plan provided by the applicant proposes a septic field. -201- Agenda Memorandum Case No. 0908 -02 (Martin Hameka) Page 2 Transportation/Traffic Impact: The subject property is located on Old Brownsville Road approximately 340' west of Tupper Lane. Brownsville Road is designated as a primary arterial street. Based on the Institute of Transportation Engineers Trip Generation Manual, 76 Edition, development of this property could generate approximately 42 trip ends on a weekday. , The number of additional trips generated by the subject property will not have a significant impact on the capacity of Old Brownsville Road. • Public Safety: o Police: The Corpus Christi Police Department will serve the proposed project and there is no impact due to development. o Fire: The existing fire station at 1550 Horne Road will serve the proposed project. There is a fire hydrant at the southeast comer of the site with another hydrant proposed at the southwest comer of the property. • Potential Nuisances: The request for a change of zoning to the "I -2" Light Industrial District is consistent with adjacent land uses so there are no potential nuisances. • Comprehensive Plan Consistency: The Comprehensive Plan states the future land use for the subject property and the adjacent property shall be light industrial. The subject property is located in the Port/AirportNiolet (P.A.V.) Area Development Plan. The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements and the Port/Airport/Violet Area Development Plan to ensure consistency of zone change requests with the Comprehensive Plan: Corpus Christi Policy Statements: POLICIES - INDUSTRIAL A. Provide adequate and suitably -zoned land for both light and heavy industries. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available in a variety of areas throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. B. An active program should be developed to retain and expand existing industry. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively priced industrially -zoned land for expansion should be supported. C. Properly planned industrial parks should be encouraged. A primary objective is to attract new industry for Corpus Christi. Business should be encouraged to develop in industrial parks that are properly planned and landscaped. Large industrial parks are to be encouraged as they usually offer more utilities and amenities to mitigate the effect of industrial development than do smaller, individual -lot developments. Staff Comment: The proposed change of zoning consistent with General Policy Statement. Agenda Memorandum Case No. 0908 -02 (Martin Hameka) Page 3 Port/Airport/Violet Area Development Plan (ADP) Policy Statements: The specific goal of the Port/AirportNiolet Area Development Plan is to promote redevelopment of under -used land and proper development of abundant vacant land in the area. An awareness of the multiplicity of uses, variety of special interest groups, economic development needs, and long time frame needed to bring about change influences the policies and plans. Some of the principal objectives of the development plan are: • Minimize incompatible land uses surrounding the airport while encouraging aviation dependent industrial businesses to take advantage of the proximity and access to the airport. • Coordinate Port and Airport development with adjacent City controlled and regulated public and private lands. • Due to the strategic location of the study area consider the regional transportation needs of the City, emphasizing transportation services linking the Port and Airport. The City's ability to encourage compatible growth within, and adjoining, the airport is critical to accomplishing the goals and objectives of this Plan. Formulation of a proactive but flexible development strategy will maximize market opportunities, insuring adequate public facilities and developments of the highest quality. Capitalizing on the market potential of the airport area, the City's role must not be only one of regulator, but one of partner and active participant. The key to this role is to achieve community consensus on what should occur in the area, then to aggressively promote this common vision. STAFF COMMENT: • The promotion of light industrial activities is in the land use goal for this portion of the Port/Airport/Violet area and the rezoning is consistent with the overall intent of the Comprehensive Plan. Notification: Of the twenty -four (24) notices mailed to the surrounding property owners zero (0) were returned in favor and one (1) (33.53 %) was returned in opposition. The 20% rule is invoked. This case is considered controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, AICP Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (September 17, 2008) 3) Ordinance PIM/Project Manager SrCP /CP Planning Director H \PLN- DIR \ SHAREMBeverly 20013 CClSepe0M0908- 02AGENDAMEMD.doc — 2 0 3 CITY COUNCIL ZONING REPORT Case No.: 0908 -02 City Council Hearing Date: October 21, 2008 Applicant: Martin Hameka Owner: Same Representative: Mc Dowell Engineering Address: 5802 Old Brownsville Road, Corpus Christi, TX Legal Description/Location: 5.009 acres out of Margaret Kelly Land, Tract 3, Tracts A, B and C, located at 5802 Old Brownsville Road, located north of Old Brownsville Road and approximately 1,100 feet southwest of Westpoint and Old Brownsville Road intersection. Zoning Request From: "F -R" Farm -Rural District To: "I -2" Light Industrial District Area: 5.009 acres Purpose of Request: To rezone three tracts of land for light industrial uses and construct a 6,000 square foot building with three rental spaces. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "F -R" Farm -Rural District Vacant Light Industrial North "F -R" Farm -Rural District Vacant Light Industrial South "I -3" Heavy Industrial District Light industrial uses and vacant land Light Industrial East "I -2" Light Industrial District Commercial and light industrial uses and vacant land Light Industrial West "F -R" Farm -Rural District Vacant Light Industrial ADP, Map & Violations Area Development Plan: Port/Airport/Violet: The request for a change in zoning to an "I -2 "Light Industrial use is consistent with the future land use in the Comprehensive Plan. Map No.: 052040 Zoning Violations: None Staffs Summary: • Request: The applicant requests to rezone three tracts of land to develop the 5.009 acres of existing "F -R" Farm -Rural District land into "I -2" Light Industrial District property. The property is undeveloped agricultural land. With a change in zoning to light industrial, the property will be developed with a 6,000 square foot metal building. It will be slab -on -grade concrete foundation. -204- Zoning Report Case No. 0908 -02 (Hameka, Martin) Page 2 The building will be divided into three separate spaces to be rented. The applicant has not specified the type of light industrial uses that will occupy the rental spaces. • The purpose of "F -R" Farm -Rural District is to allow outlying areas inside the city to be used for agricultural purposes and to assist in the control of scattered commercial and industrial uses of the land. The "F -R" District does not require any setbacks or limits on height of structures but does require all single family uses to be located on lots a minimum of five acres in size. • The purpose of the "I -2" Light Industrial zoning district is to provide for light industrial uses including light manufacturing, open storage, fabrication, warehousing, and wholesale distributing, in high or low buildings with access to an arterial street, freeway, or railroad in central or outlying areas of the city. Commercial retail and service uses are allowed, but residential uses are not allowed in the "I -2" Light Industrial District. Article 24 of the Zoning Ordinance, requires a minimum front yard setback of twenty (20) feet without a minimum side or rear yard setback, except when abutting a residential district, then ten feet is required. • Existing Land Uses: The subject property is vacant. The adjacent property to the north is zoned a "F -R" Farm -Rural District, for agricultural purposes. The property to the south and across Old Brownsville Road is zoned an "I -3" Heavy Industry District and is vacant. The adjacent property to the east is zoned an "I -2" Light Industrial District and is partially vacant with existing development consisting of an industrial park and a communications company. The property to the west is zoned "F -R" Farm Rural District and vacant. • Flood Hazard: The subject property is in Zone C. Flood Hazard Zone C represents areas of minimal flooding. • Utilities: An 8 inch water line is located on Old Brownsville Road. Wastewater service is not available. The site plan provided by the applicant proposes a septic field. Transportation/Traffic Impact: The subject property is located on Old Brownsville Road approximately 340' west of Tupper Lane. Brownsville Road is designated as a primary arterial street. Based on the Institute of Transportation Engineers Trip Generation Manual, 7ih Edition, development of this property could generate approximately 42 trip ends on a weekday. The number of additional trips generated by the subject property will not have a significant impact on the capacity of Old Brownsville Road. • Public Safety: o Police: The Corpus Christi Police Department will serve the proposed project and there is no impact due to development. o Fire: The existing fire station at 1550 Horne Road will serve the proposed project. There is a fire hydrant at the southeast corner of the site with another hydrant proposed at the southwest corner of the property. • Potential Nuisances: The request for a change of zoning to the "I -2" Light Industrial District is consistent with adjacent land uses so there are no potential nuisances. • Comprehensive Plan Consistency: The Comprehensive Plan states the future land use for the subject property and the adjacent property shall be light industrial. The subject property is located in the Port/Airport/Violet (P.A.V.) Area Development Plan. The Comprehensive Plan identifies -205- Zoning Report Case No. 0908 -02 (Hameka, Martin) Page 3 policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Corpus Christi Policy Statements and the Port/AirportNiolet Area Development Plan to ensure consistency of zone change requests with the Comprehensive Plan: Corpus Christi Policy Statements: POLICIES - INDUSTRIAL A. Provide adequate and suitably -zoned land for both light and heavy industries. In recognition that not all industrial uses have the same locational or service needs, industrially zoned land should be available i » ..a variety of areas - throughout the city. The quantity of available land should be abundant enough to keep land prices at a level that will not discourage new industries from locating in Corpus Christi. Provision of sufficient land for industry should take into account the wide variety of needs and activities associated with industrial uses. B. An active program should be developed to retain and expand existing industry. One of the principal components of industrial growth comes from the expansion of existing industry rather than from the development of new industry. Programs that will promote competitively - priced industrially -zoned land for expansion should be supported. C. Properly planned industrial parks should be encouraged. A primary objective is to attract new industry for Corpus Christi. Business should be encouraged to develop in industrial parks that are properly planned and landscaped. Large industrial parks are to be encouraged as they usually offer more utilities and amenities to mitigate the effect of industrial development than do smaller, individual -lot developments. Staff Comment: The proposed change of zoning is consistent with General Policy Statement. Port/Airport/Violet Area Development Plan (ADP) Policy Statements: The specific goal of the Port/AirportNiolet Area Development Plan is to promote redevelopment of under -used land and proper development of abundant vacant land in the area. An awareness of the multiplicity of uses, variety of special interest groups, economic development needs, and long time frame needed to bring about change influences the policies and plans. Some of the principal objectives of the development plan are: • Minimize incompatible land uses surrounding the airport while encouraging aviation dependent industrial businesses to take advantage of the proximity and access to the airport. • Coordinate Port and Airport development with adjacent City controlled and regulated public and private lands. • Due to the strategic location of the study area consider the regional transportation needs of the City, emphasizing transportation services linking the Port and Airport. The City's ability to encourage compatible growth within, and adjoining, the airport is critical to accomplishing the goals and objectives of this Plan. Formulation of a proactive but flexible development strategy will maximize market opportunities, insuring adequate public facilities and developments of the highest quality. Capitalizing on the market potential of the airport area, the City's role must not be only one of regulator, but one of partner and active -206- CASE # 0908 -02 1. NEIGHBORHOOD — 2006 AERIAL LOA Subject P fer to Map 2 '•.' ;; =(ghhcmood �..r.. -_. La, •?e. .:k:o o..:ilabla 3 USJELT PROPERTY [LOCATION MAP ni (iris"; WEST_ PoiN_ SIU,BJECT`— ; -u'. ` %/ FOOPERTY_ i'9 /•' I r 1 , - ��'X7 /s CASE # 0905 -02 1. NEIGHBORHOOD - 2006 AERIAL LLA Subject L� P: ,: a.ry P =!er to Map 2 '•.• ;; =(ghhcmood USIECT PROPERTY- [LOCATION MAP R - -1 B SUBJECT \PROPERTY R- .._.............., 1 B &DVF100E Preprredsy Sd4 Depattment of4eve!opment Seri cgva'� CASE # 0908 -02 2. NEIGHBORHOOD - EXISTING LAND USE 1 ER J Estate Residential - ER !LW?' Low. Density Residential. - LDR Med Density Residential. - MDR High Density Residential. - HDR. Mobile Home - MH JVACI Vacant -VAC Fral Professional Office. -. PO Commercial - COM Light Industrial • LI Heavy. Industrial - HI Public Semi - Public - PSP R IB f..... ■100 200 Fo De &DVF2008 Prepared By- SRR elop(nentSerytcee CASE # 0908 -02 2. NEIGHBORHOOD - EXISTING LAND USE ER' Estate Residential. • ER Low Density Residential - LDR Med Density Residential.. - MDR High Density Residential. - HDR Mobile Home - MH Vacant- VAC 1 Po 1 Profession( Office - PO Commercial. COM Light Industrial- LI Heavy Industrial -:Hl Public Semi - Public - PSP CASE #O 3. NEIGHBORHOOD - F LI SUBJECT ••PROPERTY ■ ■ LI 908 -02 UTURE LAND USE fcrz ten.= • Die Home - MH - cant - VAC [0', f , Professional Office - PO Pr -_i„ Commercial - CUM [ AgricutturaURura! 1 Estate Residential - ER 1 ow nensity Res. - LDl d ;ity Res.- MD ph Density Res. Transportation Plan _. •rg .•nosae Arterials Collectors • Expressways _'___. Parkway ++++F Railroad DC Tourist- TOR Re:.earcblBusiness Park - RBP Light Industrial - LI He l vy Industrial - HI PuLdic "1emi- Public - PSP ?ark Oi ainage Corridor - DC 0; edge Placement - DP Wafer Gonservation1Preserration - CP WEST POi NT LI LI Er: ROA 3US.IELT PROPERTY SUBJECT -t PROPERTY-- = 9 - I • 4, ov9 L! CASE # 0908 -02 3. NEIGHBORHOOD - FUTURE LAND USE [T Agricutturai /Rurai - AR L'''±,.€19 1 PR 1 Estate Residential - ER = - I nw Density Res. - LDR di• n;ity Res. - MDR 1 lb Density Res.. HDR "P l M.bd& Home - MH �'✓4.cl vacant - VAC ✓J Proiessional Office - PO cm, f I 1 " =1 'cr�s COMM ial - C0h7 rr ans portation Plan Proposed Arterials " " "" "" Collectors • • Expressways Parkway I : I i I Railroad Tnn rsl- TOR Rp:, earch /Business Park - RBP Light Industrial - LI Heavy Industrial - HI Public Semi-Public - PSP Park Drainage Corridor - DC Dredge Placement- DP Water Conservation/Preservation - CP LI LI WEST PO!N LOA s US.IECT PROPERTY -" CASE # 0908 -02 4. SITE- 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use Also available at wwty cctexas cam s USIECT PROPERTY"' -_. [LOCATTION MAP l'i lv ni (iris"; BROWN LEX T T Q I N CK FARM KELLY MARGA. DAWSON ADDITION � '..... t�....ZQFeer WOMACK FARM R De ent ofD 910V2008 Prepared By: SRR elopmentSerytcee CASE # 0908 -02 5. SUBJECT PROPERTY 1-2 BROWN LEX T P O I N' CK FARM KELLY MA ..... ■ DAWSON ADDITION 100 290 f Fe WOMACK FARM R" I B De ent ofD 99292008 Preparedey: SRN eltipnentSeryfces CASE # 0908 -02 6. SITE EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 Apa!trtent HoLI e 0SYnM 111 41A. lyaltment Hou &g5tnk 13 2-2 Apartment House District I3 AD Prcfesean91 nrfite.Dlgrct PD AT A-atnent-Tiist Dti9ct B-1 Nelohbcehood. Business District &DP Negmb «n2dE e3sDlsvlct R W2 B .hranr fuRn sp. Distiici P-2. Hiner 15ando e-spf-hkt B-3. Business District RE e-n Gendral Business .i Iii L IJmItad In W 5r131 DtYdct Liaht indosinal Disnu. Heau,..Inssnldl D tiia D PlaanedLnn Debmpmeot 1A Ona Family Dwelling Dphut 1B One FalPly Dweling Dist Pt 1- One Family U 1IIO9 DPI Pt 2 Muui[la. Dwell a 01311131 Me Fundy Use ing Dlotrict aadenllal Estal-e e g Ll Die T TH Tan rnve I ng DiaNd E-5 BD FP He Primary Business Distr.' P ner/ Business Busnes5 Core D1811cf us[nnsu Eaach Design Dist FarRural Capra I-Dsterpn, n LorvNR11k vresecrenen Subject PngaL- e1t200 u!fer A Owas,s 22iO ti rerinr 6P °319511 Permit 3 -1A Traysl Trader Park[OaaiKt TIB Panufdciured Home Park Dlstdlr 3-10 Mints @u Herne Cuba...co 0131110 l DWare. A alt RPOSrh^ BROWN LEX T P O I N` CK FARM KELLY MARGA. DAWSON ADD/HON ...... 700 .... 290 WOMACK FARM R De ent ofD &2d ^2008 Prepared By: SRR e!opnentSerytcee CASE # 0908 -02 PLANNING COMMISSION, STAFF and APPLICANT RECOMMENDATION From: "FR" To: "I -2„ ORDINANCE: Zoning Report Case No. 0908 -02 (Hameka, Martin) Page 4 participant. The key to this role is to achieve community consensus on what should occur in the area, then to aggressively promote this common vision. STAFF COMMENT: • The promotion of light industrial activities is in the land use goal for this portion of the Port/Airport/Violet area and the rezoning is consistent with the overall intent of the Comprehensive Plan. Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume Existing vs Capacity Old Brownsville Road A -3, Primary Arterial 180 feet with 25- 30 feet of pavement and roadside ditches 130 feet, with 95 feet back of curb to back of curb No Counts Available /Planned capacity 36,000 ADT Plat Status: The subject property is not platted. Planning Commission's and Staffs Recommendation: Approval of an "I -2" Light Industrial District. Number of Notices Mailed — Favor Opposition (As of October 1, 2008) 17 within 200 foot notification area; 7 outside notification area 0 (inside notification area); 0 (outside notification area) 1 (33.53 %) (inside notification area); 0 (outside notification area) This case is considered controversial. Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site -2006 Aerial 5. Site — Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article 5 11. Subject Property Aerial/Metes and Bounds 12. Planning Commission, Staff and Applicant Recommendation —207— COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0908 -02 Revised Name: Martin Hameka Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 24 Returned undeliverable: 2 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 1 (33.53% - Controversial) #4 (33.53 %), Eamonn Timothy Williams, 413 Hoover Dr., Lewisville, TX 78067 "We don't wish the taxes to increase." II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED\Beverly\2008 PC\2008 PublioC2l2n7nte \0908- 02Revised.doc ngmAFp > 0oJmunWN +m mJmuiWV +m u a 3 HHHH°H°HHHHHHJmWWg 5 www §1 m 0 nnnsn ppp�pppp3 ° f::� -n x'�gi 33iii3i3333l3b' im0`001 p 333y�3.g.32 26 m3 000 aamm 16az...o.rr AF SSB Mild SR1111u mo it 1! '-0v0m:A3. umi5'3,2 R._;,_'5=` -s 00033 rciy°' Milt.° 2 8 °o g8 68n8n0888 8 8(B�8n8(8�8o8m 0-0-0-099.NNN DD9D ,gAA;am DDDDD,DDDDDDDD ;pap AmmammaAAAAAAANKyP 099900000000009soAy r 00000000000000010 i�y� q 000000000000000 ttm { 44 n 000o00000o00o0z E_ o ff$ mabmmmmmmmmmmmmmmmmmmmmmm-_ §r8.:8 +n AD < <<N;yNf°0 Ez-z Q<c. u1i P �0D ^O i'vl o' — 21 a h8tzp9 1 m3 G 5. ;� =al � Pei; d? �n m m''Q9Sal 1- 8 o o s' o - o m ill! “ ° ml�Aan9 al" m N O N m 8fiu m$' SS N gnonnnorm 0 2 n ° °noon°° aaaaaaaa� a° a a iaaaaaa CC C u 0000000000g n n n °nn °non yyyyyy on zzzzzzzzzzzzzz.0 00000000000000�z n °noon °° °nnono >` 88888888888875s mi g ° P 888 CCCCCCCCCCGDp 13 A < 9999199T0KD N mmmm mmnmmF, mmmmnmmmmi8P =55555555555555< 1 `T D zzzmzzzzzzzzzz u EmmmTmmmmmmmmmmt p5 z m • ° m 2 a 0 0 0 2 g A 8 • p C • i 0 P 0 2 nm $n 0000000000000 °mmae 0 D000000o00000 0 ZpAAAAPppptpppAThr2A < 000000000000000 D9 0 °ccccccc °cc ° °c<mzc rNyN ia8 n >00000000000000m On OpppppAAAOwoOOw pP N -0-0-0-0-0-0-0-0-0 m NNW N N m-i-i4Yjy-1-1-1-11-14y ' of yyy- 1-4-4-4-4-4-4 y -1 y -4-4-4-4 yy4;b1 yyyyyyy -1-4-4-4 N XXXXXXXXXXX XX% %XXXXXX XXXXXXXXXXXXXXXXXXX n 8888888800 4,4.82828882 JJJJJJJJJJJJJ 2888888888888888888 11000 t99919999999999T.A.X° PPPAAAAAAAPPpPTmm➢ 0 O mmmmmmmm-4mmmmmmrrr 0 *Wgg § “** L -(ay ny- - - 1-4-4-4 yyyZ0880 ;0002>00020000000000 A➢ 00000 00000°-0°° pCCC ccoc..CCCCDDDO Eyyy- iy- ly- 4yyyyyyTTTO rLAADAADAAAAAAAyy-4 mom y rrrrrrrrrri➢-rrrrr555r «««««««<22z, 2rrrrrrrr °°°y 000000000 00000 ▪ mmmmmmmmmmmmmm>000 y=1 -1 -44444 y=i=1- 41 -1WD00 yn< 2.WN +OmmJauewN +p0 v y.-t2 f 2a. ➢ Tni N boy 2= in• —is e JJ +T a. Etnitnnrdkkgflgtial p4, T+ O + +C 0+ 0+ +m.�.�rOOW W 0(a opF owaoo OO +0n 0 X ;3 0 0 00 m o o u n J BON OSO ISOM —228— O i; o o ' a am; 28:8/222888228= 00= - 19 - ARTICLE 4A. "F -R" FARM -RURAL DISTRICT REGULATIONS Section 4A4 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "F -R" Farm-Rural District. The purpose of this district is: A. To permit the continued use of the land for agricultural property; B. To assist in the control of scattered commercial and industrial uses of the land. Section 4A -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single - family dwellings, other than manufactured homes, for residences of owners and tenants, other members of their families, and their employees. (Ordinance 22851, 02/18/97) ( 2) Temporary farm labor camps other than manufactured homes, incident and necessary to the gathering of the crops growing on the premises. (Ordinance 22851, 02/18/97) (3) Field and truck crops. ( 4) Orchards and vineyards. ( 5) Greenhouses and nurseries. ( 6) Brush land and pasture land. ( 7) Livestock ranches, except swine, and guest ranches. ( 8) Sale and storage of hay and straw. ( 9) Oil and gas wells and appurtenances. (10) Schools, colleges, churches, public parks, golf courses, and other similar public and semi - public uses. (11) Home occupations. (12) Railroad right -of -ways, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. (13) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (14) Accessory buildings and uses including but not limited to: (a) Temporary sales stands for the sale of fans or ranch products produced on the premises, provided only one such stand may be used on each fans or ranch, and shall be located not closer than 30 feet from an adjoining property line, and not less than 40 feet from the roadway. (b) One temporary non - illuminated sign not to exceed forty (40) square feet in area and not to exceed thirty-five (35) feet in height nor overhang or project into the public right-of-way and pertain only to the products sold at the temporary sales stand or pertaining to such other permitted uses in this district. 02/08 F -R -229- - 20 - (c) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (1) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box per premise. Only on sign per street frontage is allowed. (2) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (3) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 09/11/01) Section 4A -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22 of this Ordinance. For temporary sales stands permitted in this district, there shall be a minimum of five (5) off - street parking spaces provided and so arranged that ingress and egress to such spaces are from driveways approved by the Traffic Engineer of the City of Corpus Christi. Section 4A-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. For any use not contained in Article 23, no off - street loading regulations apply except that loading and unloading shall take place off any public right -of -way. Section 4A -5 Area Regulations. The lots in this area shall have an area of five (5) acres or more. Section 4A-6 Supplementary height and area regulations are contained in Article 27. 02/08 F -R -230- - 95- ARTICLE 20. "1 -2" LIGHT INDUSTRIAL DISTRICT REGULATIONS Section 20-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article are the regulations in the "1 -2" Light Industrial District. This district is intended primarily for Tight manufacturing, fabricating, warehousing and wholesale distributing in high or low buildings with off - street loading and off-street parking for employees and with access by major streets or railroad in either central or outlying locations. Section 20-2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "3-5" Primary Business District except for signs as enumerated in Item (2) below and except for dwellings, hospitals, institutions, or other buildings used for permanent or temporary housing of persons except as described in Item (3) below. (2) On- premise freestanding and wall signs are allowed and regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Portable signs are not allowed. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392 and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) (3) Dwellings or HUD -code manufactured homes for resident watchmen and caretakers employed on the premises. (Ordinance 22851, 02/18/97) (4) The following uses, and any similar uses which are not likely to create any more offensive noise, vibration, dust, heat, smoke, odor, glare, or other objectionable influences than the minimum amount normally resulting from other uses permitted, such permitted uses being generally wholesale and retail trade, service industries, and light industries that manufacture, process, store, and distribute goods and materials and are generally dependent on raw materials refined elsewhere and manufacture, compounding, processing, packaging, or treatment, as specified of the following products or similar products. Chemicals, Petrolemn. Coal. and Allied Products Cosmetics and toiletries Ice manufacture, including dry ice Ink manufacturing (mixing only) Insecticides, fungicides, disinfectants, and related industrial and household chemical compounds (blending only) Laboratories Perfumes and perfumed soap (compounding only) Pharmaceutical products Soap, washing or cleaning, powder or soda (compounding only) Clay. Stone. and Glass Products Clay, stone, and glass products Concrete products (except central mixing and proportioning plant) Pottery and porcelain products (electric or gas fired) Food and Beveraee 02/08 1-2 -231- - 96- Bakery products, wholesale (manufacturing permitted) Beverage, blending, bottling (all types) Candy, wholesale (manufacturing permitted) Chewing gum Chocolate, cocoa, and cocoa products Coffee, tea and spices, processing and packaging Condensed and evaporated milk processing and canning Creamery and dairy operations Dairy products Fish, shrimp, oysters, and other sea food processing, packing and storing except fish curing Flour, feed and grain (packaging, blending, and storage only) Fruit and vegetable processing (including canning, preserving, drying, and freezing) Gelatin products Glucose and dextrine Grain blending and packaging, but not milling Ice cream, wholesale (manufacturing permitted) Macaroni and noodle manufacture Malt products manufacture (except breweries) Meat products, packing and processing (no slaughtering) Oleomargarine (compounding and packaging only) Poultry packing and slaughtering (wholesale) Yeast jv(ptals and Metal Products Agricultural or farm implements Aircraft and aircraft parts Aluminum extrusion, rolling, fabrication, and forming Automobile, truck trailer, motorcycle, and bicycle assembly Boat manufacture (vessels Tess than five tons) Bolts, nuts, screws, washers, and rivets Container (metal) Culvert Firearms Foundry products manufacture (electrical only) Healing, ventilating, cooking, and refrigeration supplies and appliances Iron fabrication (ornamental) Machinery manufacture Nails, brads, tacks, spikes, and staples Needle and pin Plating, electrolytic process Plumbing supplies Safe and vault Sheet metal products Silverware and plated ware Stove and range Tool, die, gauge, and machine shops Tools and hardware products Vitreous enameled products Textiles. Fibers and Beddine Bedding (mattress, pillow, and quilt) Carpet, rug and mat 02/08 1-2 —232— 02/08 - 97- Hat bodies of fur and wool felt manufacture (including men's hats) Hosiery mill Knitting, weaving, printing, finishing of textiles and fibers into fabric goods Rubber and synthetic treated fabrics (excluding all rubber and synthetic processing) Yarn, threads and cordage Wood and Pacer Products Basket and hamper (wood, reed, rattan, etc.) Box and crate Cooperage works (except cooperage stock mill) Furniture (wood, reed, rattan, etc.) Pencils Planing and mill work Pulp goods, pressed or molded (including paper mache products) Shipping container (corrugated board, fiber, or wire bound) Trailer, carriage, and wagon Veneer Wood products Unclassified Uses Animal pound Animal, poultry, and bird raising, commercial Automotive repair, minor, major, and heavy Building materials storage and sales (cement, lime, in bags or containers, sand, gravel, shell, lumber, and the like) Bus garage and repair shop Button manufacture Carbon paper and inked ribbons manufacture Cigar and cigarette manufacture Circus grounds Cleaning and dyeing of garments, hats and rugs Coal and coke storage and sales Contractor's shop and storage yard Exposition building or center Fairgrounds Fur finishing Greenhouses, wholesale Industrial vocational training school, including internal combustion engines Kennels Laboratories, research, experimental, including combustion -type motor testing Leather goods manufacture, but not including tanning operations Laundries Livery stables and riding academy Market, wholesale Motion picture production Outside storage (i) All outside storage shall be screened from view from the at -grade public right - of-way; (ii) The outside storage may not be located in the required minimum building setbacks. -233- 1 -2 - 9g- Printing, publishing, and engraving Produce and storage warehouse Railroad switching yard primarily for railroad service in the district Theater, including a drive -in or outdoor theater Tire sales and service Tire retreading and vulcanizing shop Truck or transfer terminal, freight Truck sales and repair (heavy load vehicles) Truck stop, with overnight accommodations permitted Vehicle impound yard Wholesale houses and distributors Sports arena or stadium Section 20-3 Objectionable Use. The following use, having accompanying hazards, such as fire or explosion may, if not in conflict with any law or ordinance in the City of Corpus Christi, may be located in the 1-2" Light Industrial District only after the location and nature of this use has been approved by the Board of Adjustment after public hearing as provided in Article 29. The Board shall review the plans and statements and shall not permit this use until it has been shown that the public health, safety, morals, and general welfare will be properly protected, and that necessary safeguards will be provided for the protection of surrounding property and persons. The Board in reviewing the plans and statements shall consult with other agencies created for the promotion of public health and safety. (Ordinance No. 25534, 10/21/03) (1) The storage of explosives used for perforating or fracturing (tracing) oil and gas well casing, provided that the storage has been authorized by permit issued by the Federal Bureau of Alcohol, Tobacco, Firearms, and Explosives and by permit issued by the City Fire Marshal. Section 20-4 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 20-5 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 20-6 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 20 -6.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -1B ", "R -2 ", "A -1 ", "A -IA ", or "A -2" residential district. 20 -6.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -IA ", "R -1B ", "R -2 ", "A -1 ", "A-1A", or "A -2" residential district. 20 -6.03 Whenever any building in the 1-2" Light Industrial District adjoins or abuts upon a residential district, such building shall not exceed three stories nor 45 feet in height, unless it is set back one foot from all required yard lines abutting such residential district for each foot of additional height above 45 feet. 20 -6.04 Whenever any building or structure, including but not limited to a bird coop, canary, corral, dog run, paddock, pen, pigeon cote, rabbit hutch, stable, or stall in the "1 -2" Light Industrial District used to house animals, poultry, or birds in an animal pound, coarmercial animal, poultry, or bird raising establishment, or kennel, adjoins or abuts a residential district, the building or structure shall be set back not less than 100 feet from all required yard lines abutting a residential district. 02/08 1 -2 -234- - 99- (1) A Farm-Rural zoning district is not considered a residential district for the purposes of this subsection. (2) No setbacks are required for fenced pastures of at least one acre used to hold livestock, such as cattle and horses. (Ordinance 24567, 08/28/01) Section 20-7 Supplementary height and area regulations are contained in Article 27. 02/08 1 -2 -235- -49- ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the `B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "AB" Professional Office District. (2) Automobile parking Tots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. (4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. (7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) (8) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. (9) Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12-4 Off-street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 -236- B-1 - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an •R -1A ", `R -1B ", "R -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. 12 -5.02 There shall be a rear yard not less than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C ", "R -2", "A -1 ", "A -1A ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 B-1 -237- - 85 - ARTICLE 16. "11-4" GENERAL BUSINESS DISTRICT REGULATIONS Section 16-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B-4" General Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 16-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "3-1" Neighborhood Business District. ( 2) Amusement place in an enclosed building, auditorium, or theater except open air drive -in theaters. (3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) ( 5) Sales and repair of plumbing, heating, electrical, and air conditioning equipment, and auto parts and tire sales and service within an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (11) Printing, publishing, and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios, and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage enclosed. (Ordinance 24566, 08 /28/01) 02/08 B-4 -238- - 87 - ARTICLE 17. "B-5" PRIMARY BUSINESS DISTRICT REGULATIONS Section 17 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "11-5" Primary Business District. This district is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. In order to discourage too high a concentration of buildings in the central area fringe, a bulk control is imposed and requirements for off -street parking and loading are included in the regulations. Section 17 -2 Use Regulations. A building or premises shall be used only for the following purposes: (1) Any use permitted in the "B-4" General Business District except one - family or two- family dwellings unless the dwellings are ancillary to the main use and located in the same structure. (2) Candy manufacture. (3) Greenhouse or conservatory, commercial. ( 4) Drug or pharmaceutical products manufacture. (5) Laboratories, research and experimental. (6) Millinery manufacture. ( 7) Optical goods manufacture. (8) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN -- REGULATIONS, PERMITS, PLATS AND FILING FEES. Freestanding signs shall not overhang or project into the public right -of -way. Wall signs may project into the public right -of -way for a distance of not more than twenty-four (24) inches with a clear height of nine (9) feet above the sidewalk and shall not extend above the height of the building. If the sign is placed on the edge of a canopy or marquee, the letters shall not project above or below the canopy or marquee; and, if attached to the underside of the canopy or marquee, it shall not extend outside the line of' the canopy or marquee and shall maintain a clear height of eight (8) feet between the sidewalk and the bottom of the sign. No portable sign is permitted. Signs in this district are further regulated by Ordinance No. 21973, Highway Beautification Ordinance, implementing the Texas Highway Beautification Act, Texas Transportation Code, Chapters 391, 392, and 393 which ordinance by this reference is hereby adopted as the supplementary outdoor sign regulations for this zoning district and by this reference is incorporated herein as though set forth in its entirety. (Ordinance 026735, 04/17/06) ( 9) Accessory buildings and uses. Section 17 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22, except for properties located east of U. S. Highway 181 and Upper Broadway Street where off -street parking is not required. (Ordinance 25390, 07/15/03) Section 17-4 Off - street Loading Regulations. The off-street loading regulations for permitted uses are contained in Article 23. 02/08 B-5 -239- - 88 - Section 17 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulations shall apply: 17 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -IA ", "R -1B ", "R -IC" "R -2", "A -1 ", "A -1A ", or "A -2" residential district. 17 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -1A ", "R -1B ", "R -1C" "R -2", "A -1 ", "A -IA ", or "A -2" residential district Section 17 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-5 -240- - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -IA" One - family Dwelling District. ( 2) Two - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple - family dwellings. ( 4) Boarding, rooming, and lodging houses. (5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non - profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; 02/08 (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. ( 8) Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. ( 9) Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; -241- AB - 48 - (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08 /28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 Off - street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Ares, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 AB -242- - 25 - ARTICLE 5. "R -IA" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1A" One - family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. (2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non - profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are permitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January I, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26 -11. Nonconforming Signs of this Zoning Ordinance. (5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovernmental public recreation, and community buildings. 02/08 R -1A -243- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off - street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off- street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 R -1A -244- - 27 - Section 5 -5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -IA" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -IB" District as minimum requirements. Section 5-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -245- R -IA City Charter - Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public Interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city coundl regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations: to the city coundl on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the coundl on any amendments to the plan, and forward to the coundl comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city coundl regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city In a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city govemment shall cooperate with the planning commission in fumishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the dty's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The —246— comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall Include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following Its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -247- A1INMggi!I N. UNE OF TRACT 3 ' NO VISIBLE OR APPARENT PIPELINES AFFECT THE PROPERTY. R.O.W. • TO AMOCO PIPELINE CO. IN V. 285, P. 830, ( DRNCT) DOES NOT AFFECT THIS PROPERTY. R.O.W. TO HANLON PIPELNE CO. IN V. 248, P. 158, ( DRNCT) DOES NOT AFFECT THIS PROPERTY. • C.P.L ESMT AND R.O.W. IN V. 281, P. 406, (DRNCT) IS BLANKET FOR AREA. 133.61 AC. OF TRACT 3 MARGARET KELLY LANDS sunk Idatitesnotspenalao OUR LADY OF THE LAKE CONVENT 50AC. (S 89° 54' 00 °E 268.85') [S 90° 00' 00'E 268.92] RN WW I0 n 0 b o0 oo 81.44' I 85.78' ti TRACT A 5.009 AC. I OF THE 5.009 AO OF TRACT 3,II 'AIAHGARET KELLY Ii011D TRACT B BB.TY a ru e'Yw 2 11 trauma e 'Stag a-2 I aunty 12 C_ 15 Y1 65 18 3 ig ra 17 0 4 'm 18 E .. (0 18 7 $ TRACT C 0 Z o • g -_1 b 20 3 0: o - W 21 a CO 22 24 i P cs 1 4 A VOSS FROM ERVIG, WC. ItaialtanauanYcany a CORKSOMMJEUS m.at .... ».mom. 5.009 Acres out of Traci 3, Margaret Kay L800 V. 5, P. 40, ( MRNCT) Corpus Cat Naas Comfy. Tea a-' Airminewr 1/ STATE OF TEXAS JOB NO. 07-0512 COUNTY OF NUECES 5.009 ACRES ALL that certain tract or parcel of land situated in Nueces County, Texas, same tying within the Corporate City Limits of Corpus Christi, Texas, same being out of Tract 3 of the subdivision of the Margaret Kelly Land as recorded in Volume 8, Page 40 of the Map Records of Nueces County, Texas, same being Tracts A, B and C as described and conveyed In Volume 1548, Page 441, Volume 1548, Page 450 and Volume 1548, Page 459 of the Deed Records of Nueces County, Texas, and described by metes and bounds as follows, to-wit: BEGINNING at a 5/8 Inch iron rod found for the Northeast corner of this tract, same being the Northeast corner of said Tract C, same lying in the North boundary line of said Tract 3, same being the Northwest corner of Prewit Industrial Village as recorded in Volume 37, Pages 60-61 of the Map Records of Nueces County, Texas; THENCE, along the West boundary line of said Prewit Industrial Village, SOUTH 00 degrees 00 minutes 00 seconds WEST 69339 feet to a B inch iron rod found for the Southeast corner of this tract, same being the Southeast corner of said Tract C, same being the Southwest corner of said Prewit Industrial VWage, same lying in the Northwest right-of-way margin of Old Brownsville Road; THENCE, along said Northwest right-of -way margin of Old Brownsville Road, SOUTH 49 degrees 09 minutes 51 seconds WEST 356.73 feet to a 5/8 inch iron rod set for the Southwest corner of this tract, same being the Southwest corner of said Tract A, same being the Southeast corner of a 133.61 acre tract out of said Tract 3; THENCE, along the common boundary line of this tract with said 133.61 acre tract, NORTH 00 degrees 03 minutes 52 seconds EAST 927.12 feet to a 5/8 inch Iron rod found for the Northwest corner of this tract, same being the Northwest corner of said Tract A, same being the Northeast corner of said 133.61 acre tract, same lying in said North boundary line of said Tract 3; THENCE, along the North boundary line of this tract and of said Tract 3, SOUTH 89 degrees 54 minutes 00 seconds EAST 268.85 feet to the place of beginning and containing 5.009 acres of land. I hereby cerdfy that this survey as reflected in the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for a Category IA, Condition II Land Survey. 2c+0BRv Dated this the 27devpf Juc..•7 �✓ i SEAL: Ronald A. Voss, Registered Professional Land Surveyor No.2293 -249- toro8- a2.(Pfv:. KELLY MARGARET F -R BROWN LEE' 11 z From: FR" To: "I-2" 100 200 .Feet WOMACK FARM D STRIAL ILLAGE R -18 / -3 DAWSON ADDITION maw Prepared By: SRR Department of Development Services CASE # 0908 -02 PLANNING COMMISSION, STAFF and APPLICANT RECOMMENDATION From: "FR" To: "1 -2" ORDINANCE: ocn CCM N "i"x Vi•T SUBJECT PROPERTY LOCATION MAP es. f City of Corpus Christi MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday September 17, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *arrived at 5:31p.m. John C. Tamez Johnny R. Martinez James Skrobarczyk Evon J. Kelly Govind Nadkarni *arrived at 5:32p.m. David Loeb Mark Adame ABSENCES: None 1. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. by Chairman Garza. STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel Saldana, Special Services Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang- Priestley, Recording Secretary III. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning a. Case No. 0908 -02 Martin Hameka - A change of zoning from a "F -R" Farm Rural District to an "1 -2" Light Industrial District resulting in a change of land use from vacant farm land to light industrial uses 5.009 Acres out of Margaret Kelly Land, Tract 3 located at 5802 Old Brownsville Road, located north of Old Brownsville Road and approximately 340 feet west of Tupper Lane. Mr. Robert Payne, Development Services, presented the above case via Power Point stating the applicant is Martin Hameka and the subject property is located on Old Brownsville Road. Mr. Payne stated the request is for a change of zoning from a "FR" Farm -Rural District to an "I -2" Light Industrial District for the construction of a 6,000 square foot building with three rental spaces. Mr. Payne stated that the subject property is five acres and vacant. The adjacent property to the north and west, also zoned "FR" Farm- Rural, is vacant. The property to the south and across Old Brownsville Road is zoned "I -3" Heavy Industrial and is vacant. Mr. Payne stated the property to the east of the subject property is zoned "I -2" Light Industrial and is partially vacant with existing development consisting of an industrial park and a communications company. -251- Planning Commission Minutes September 17, 2008 Page 2 Mr. Payne stated the purpose of the "F -R" District is to allow outlying areas inside the city to be used for agricultural purposes and requires all single family uses to be located on lots with a minimum of five acres in size. The purpose of the "I -2" Light Industrial zoning district is to provide for light industrial uses including light manufacturing, open storage, warehousing, and wholesale distributing. Mr Payne stated commercial retail and service uses are allowed, but residential uses are not allowed in the "I -2" Light Industrial District. Mr. Payne stated the Future Land Use Map indicates light industrial for the area and staff recommends approval. Of the 24 notices mailed, only one was returned and it was in opposition due to concern of increased taxes. In response to Commissioner Skrobarczyk, Mr. Payne stated the subject property is not in an AICUZ area. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Nadkarni and seconded by Commissioner Tamez. Motion passed unanimously. -252- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY MARTIN HAMEKA, BY CHANGING THE ZONING MAP IN REFERENCE TO 5.009 ACRES OUT OF MARGARET KELLY LAND, TRACT 3, SAME BEING DESCRIBED AS TRACTS A, B, AND C, FROM "FR" 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; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Martin Hameka, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 17, 2008, during a meeting of the Planning Commission, and on Tuesday, October 21, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 5.009 acres out of Margaret Kelly Land, Tract 3, same being Tracts A, B, and C, as described and conveyed in Volume 1548, Page 441, Volume 1548, Page 450 and Volume 1548, Page 459 of the Deed of Records of Nueces County, Texas, located north of Old Brownsville Road and approximately 1,100 feet southwest of Westpoint and Old Brownsville Road intersection, from "FR" Farm - Rural District to "1-2" Light Industrial District. (Zoning Map 052040) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. Q:GSharecNapAgenda12 008 \10- 21\oRD- zoning0908- 02Harrre rdoc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of October, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett Mayor, City of Corpus Christi City Secretary APPROVED: October 13, 2008 Y Assistant City ttomey For City Attorney Q:\SharedWaytgenda\200B 10- 21\ORD- zoning090B- 02Har2R942.doc Page 3 of 3 Corpus Christi, Texas day of 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Q:\Shared\Jay\Agenda12008\10 -21 \ORD -zon ing0908- 02Ham€k'd- r2.doc KELLY MARGARET F -R 11 y C D STRIAL LLAGE From: FR" To: 1-2" 0 100 200 ocFeet WOMACK FARM R -18 1 -3 DAWSON ADDITION W24/2008 Prepared By: SRR Department Of Denelppm nr SOMME CASE # 0908 -02 PLANNING COMMISSION, STAFF and APPLICANT RECOMMENDATION From: "FR" To: "1 -2" ORDINANCE: eXy ,,g I T A !30 CCY SUBJECT PROPERTY 1. 000 BEAR / City of LOCATION MAPI i `Chr7sti STATE OF TEXAS COUNTY OF NUECES 5.009 ACRES 30B NO. 07-0512 ALL that certain tract or parcel of land situated in Nucces County, Texas, same lying within the Corporate City Limits of Corpus Christi, Tram, same being out of Tract 3 of the anbdlvblon of the Margaret Kelly Land as recorded in Volume 8, Page 40 of the Map Records of Nunes County, Texas, same being Tracts A, B and C at described and conveyed In Volume 1548, Page 441, Volume 1548, Page 450 and Volume 1548, Page 459 of the Deed Records of Nunes County, Texas, and described by mew and bounds as follows, to -wit: BEGINNING at a 5/8 inch iron rod found for the Northeast corner of this tract, same being the Northeast corner of said Tract C, same lying in the North boundary line of said Tract 3, same being the Northwest corner of Prewlt Industrial Village as recorded in Volume 37, Pages 60-61 of the Map Records of Nueces County, Texas; THENCE, along the West boundary line of raid Prewit Industrial Village, SOUTH 00 degrees 00 minutes 00 seconds WEST 69339 feet to • 31 Inch Iron rod found for the Southeast earner of this tract, same being the Southeast comer of aid Tract C, same being the Southwest corner of said Prewlt IndueMab Village, some lying In the Northwest right -of -way margin of Old Brownsville Road; THENCE, along said Northwest right -of -way margin of Old Brownest8e Road, SOUTH 49 degrees 09 minutes 51 seconds WEST 356.73 fee to • 5/8 inch Iron rod set for the Southwest corner of this tract, nine being the Southwest comer of said Trees A, same being the Southeast corner of a 133.61 acre tract out of said Tract 3; THENCE, along the common boundary line of this tract with said 133.61 acre tract, NORTH 00 degrees 03 minutes 52 seconds EAST 927.12 feet to a 5/8 Inch iron rod found for the Northwest corner of this tract, same being the Northwest corner of said Tract A, same being the Northeast corner of aid 133.61 acre tract, same lying its. said North boundary line of said Tract 3; THENCE, along the North boundary line of this tract and of said Tract 3, SOUTH 89 degrees 54 minutes 00 seconds EAST 268.85 feet to the piece of beginning and containing 5.009 acres of land. I hereby certify that this survey as reflected N the above Field Notes and attached plat conforms to the current Texas Surveyors Association Standards and Specifications for Category IA, Condition H Land Survey. 2[01 D tV ated this the 27dagpf J "4"," SOP.' SEAL: Ronald A. Von, Reghtered Professional Land Surveyor No.2293 -257- p9D8- eta (kevisei OUR LADY OF THE LAKE CONVENT 50AC. (S 89' 54' 00'E 286.85') IS 90.00' 00'E 288.929 x. UNE OF TRACT5 • NO VISIBLE OR APPARENT PIPELINES AFFECT THE PROPERTY. • R.O.W. TO AMOCO PIPENNE CO. IN V. 255. P.538 (DPLICT) DOES NOT AFFECT TNIBPROPERTY. • R.O.W. TO HANLON PIPELINE CO IN V. 208, P. 168. (ORNCT) GOES NOT AFFECT THIS PROPERTY. • C.P.L ESMT AND R.O.W.1N V. 284, P. 101, 1ORNCT)'8 BLANKET FOR MEM 133.61 AC. OF TRACT3 MARGARET KELLY LANDS TRACT A sear I se.m wma e, V•PCOCI. Mt M 411YN ▪ Y0[1Y� w Ml[uIRY, 5.009 AC. I OF THE 50141 OF TRACT 8, II MARGARET KELLY WC TRACTS TRACTC r03 4•11 R- 6 60 4n , ' ? 9J t° 0 Pr OHO 12 13 14 8 a 16 61 16 IT 18 16 Z 4 20a 21 6 22 24 • c�TSy� • \yAF� writorsm.44..4444.4444 wank-- 18.92 CV N Cr) c 1,800 EIF LT. IND. IOCIOOR 100' 24' a a 2 DRIVE b 71914I616178191 10111I12I191 120' TYPICAL 10X20 PARKING SPACES BUILDING /PARKING LAYOUT —w— EXISTING 8" WATER LINE b EXISTING FIRE HYDRANT -- DIR. OF SURFACE DRAINAGE PROPOSED CHAINLINK FENCE PROPOSED SEPTIC FIELD PROPOSED WATER SERVICES AND METERS (3 TOTAL) ® PROPOSED FIRE HYDRANT <= DIRECTION OF TRAVEL PROPOSED IMPROVEMENTS MARGARET KELLY LAND, 5 AC OF TR 3 MARTIN HAMEKA, OWNER AUGUST 28, 2008 McDowell Engineering, Inc. 710 Buta s St. Suite 309 Corpus Christi, DC 78401 Office: 361 -887 -2131 Fax: 361- 887 -0920 7 1 -259- .soar -oz 22. AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: October 21, 2008) Case No. 0908 -03, Brown & Ortiz, P.C.: A change of zoning from a "RE" Residential Estate District to a "B -3" Business District resulting in a change of land use from vacant to retail uses on property described as 3.777 acres, being part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Page 42, Nueces County, TX, located west of Flour Bluff Drive approximately 130 feet north of the Flour Bluff and Compton Road intersection. Planning Commission & Staff's Recommendation (September 17, 2008): Approval of a'B -3" Business District. Requested Council Action: Approval of a "8 -3" Business District. Summary: • Request: The applicant is requesting a change of zoning on 3.777 acres from "RE" Residential Estate District to `B -3" Business District. The property is located on the west side of Flour Bluff Drive, approximately 1,000 feet south of the South Padre Island Drive and Flour Bluff Drive intersection. The subject property is approximately 1,300 feet deep and 126.5 wide. The purpose of the request is to rezone the 3.777 acres and combine the property with the 10.366 acre `B -3" Business District to the north for a major retail center of 100,000 tol 45,000 square feet. • Existing Land Uses and Zoning: The adjacent property to the north is vacant and zoned "B -3" Business District. To the south the property contains one residence and is zoned "RE" Residential Estate (one unit per acre). To the east across Flour Bluff Drive the property is zoned 13-3" Business District and developed with commercial and public (church) uses. To the west the property is vacant and zoned `B -3" Business District Regulations. The existing "R -E" Residential Estate District allows single family uses on one acre lots. The front yard setback is 50 feet with a 25 foot side and rear yard setback. Minimum height is 35 feet or three stories. The property is located under a Navy designated Air Installation Compatible Use Zone (AICUZ), Accident Potential Zone II which recommends low density residential use of one to two units per acre maximum density (Attachment 12). The "RE" is frequently used as a zoning district for areas that are under the AICUZs. The proposed `B -3" Business District allows office and retail commercial uses. The front yard setback is 20 feet and the rear and side yard setbacks are 0 feet unless adjacent to a residential district, then a 10 foot setback is required. The `B -3" District does not allow permanent residential uses and was originally created by the City for a commercial district for use under the Navy's Air Installation Compatible Use Zones. • Existing Circulation: The property is adjacent to Flour Bluff Drive which is constructed as a two lane rural cross section with roadside drainage ditches. The proposed 2008 Bond Program contains a $6,850,000 two phase project for improvement of Flour Bluff Drive between SPID and Don Patrick) Road. This project includes the reconstruction and widening of the existing unimproved two lane roadway with a turning lane where necessary. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. This project will include a bike path. -263- Agenda Memorandum Case No. 0908 -03 (Brown & Ortiz, P.C.) Page 2 • Utilities: The nearest water lines (8 ") available to the subject property are at the northeast corner of the lot, along South Padre Island Drive and along Compton Road. An eight inch sewer line is adjacent to the northern edge of the subject property. • Flood Hazard: The subject property is in Zone C, which is not within the 100 year flood plain. • Drainage: Prior to permitting for development the property will need to be platted which will require a storm water quality master plan to address all drainage issues. Currently, there is not an adopted storm water master plan for the area. • Public Safety: o Police: The Corpus Christi Police Department serves the subject property area. o Fire: There is a hydrant approximately 120 feet from the subject property. The closest fire station is number 13, located at 1802 Waldron Road, approximately one mile away. • Future Land Use Plan: The subject property is designated for estate residential uses in the Comprehensive Plan. However, immediately adjacent to the north, the adopted land use plan calls for commercial uses. While the proposed commercial use is not specifically consistent with the land use map, the proposed land use is generally consistent with the plan since the property could be combined with the commercial zoning to the north to form a major commercial node at a strategic freeway /arterial intersection. • Urban Transportation Plan: The subject property is located on Flour Bluff Drive approximately 1,000 feet from the intersection of South Padre Island Drive and Flour Bluff Drive. South Padre Island Drive is designated as a Freeway and Flour Bluff Drive is an arterial and in the Urban Transportation Plan. The planned future right -of -way for Flour Bluff Drive is 95 feet with four (4) lanes and a center turn lane. Also, the Transportation Plan calls for an east/west C -1, 60 foot right - of -way, two lane collector street to extend from Flour Bluff Drive west and parallel to South Padre Island Drive. Placing the proposed collector on the southern edge of the subject property would provide a desirable boundary between the commercial and residential uses and would aid circulation to and from the major commercial site at the SPED/Flour Bluff Drive comer. The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than twenty seconds, but less than thirty-five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. Based on current average daily trips at 18,880, the roadway is estimated to be functioning at less than Level of Service C. The Urban Transportation Plan indicates that the capacity at LOS C for a two lane collector street is 3,000 trips per day. • Comprehensive Plan Consistency: While the proposed rezoning is not consistent with the land use map, the proposed rezoning may be considered consistent with the Comprehensive Plan when taking into account the need to place high density commercial activities at major comer locations. The subject property is located in the Flour Bluff Area Development. Broadly, the plan encourages growth while maintaining a balance between private property owners and the continued operation of the Naval Air Station. Several policy statements are available in the Corpus Christi Policy Statements and the Flour Bluff Area Development Plan to assure rezonings are consistent with the City's Comprehensive Plan. -264- Agenda Memorandum Case No. 0908 -03 (Brown & Ortiz, P.C.) Page 3 Corpus Christi Policy Statements: • Residential Policy c: COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE - SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to a residential neighborhood, providing goods, services, and employment within walking distance. However, care must be taken in design of commercial property to make sure the use is compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required and loud or disruptive uses should be prohibited unless other design techniques are used to make the uses compatible. Staff Comment: Placing the proposed collector street between the commercial uses and the low density residential use will help to create a buffer between the two land uses and assure an efficient circulation system. • Commercial Policy b: MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. Commercial centers should also be designed so that the impacts of automobile intrusion, noise, and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (See Attachment 11: Figure 4 Optimal Locations for Medium and High Density Developments.) Optimal locations for medium and high density developments are identified in Figure 4: Optimal Locations for Medium and High Density Developments of the Corpus Christi Policy Statements (Attachment 11) which discourages strip development along arterial streets. Compact high density development should be located at the intersection of major streets to reduce left tuming movements at mid -block locations. High- density development should provide sufficient open space, landscaping, and/or buffer zoning to create a smooth transition between uses. Staff Comment: The proposed rezoning will help create the necessary acreage for a major commercial center with access to a high capacity freeway /arterial intersection. Flour Bluff Area Development Plan The specific goals and objectives of the Flour Bluff Area Development Plan include: • Encourage or require responsible growth that will preserve the existing natural environment. The environment in Flour Bluff is unique to Corpus Christi. Awareness of the value of wetlands as a natural resource and as retention ponds, and woodlands and brushlands for habitat are needed to avoid destruction of these important resources. -265- Agenda Memorandum Case No. 0908 -03 (Brown & Ortiz, P.C.) Page 4 • Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. • Propose appropriate land uses and a compatible transportation network to serve future land uses. Facilitate infrastructure planning through a reasonable estimate of future land use and densities. • Creation of a clean, litter free environment with adequate public services. Illegal dumping is a major concern on Flour Bluff, which affects the quality of life in the area. • Continue large lot development in the southwest quadrant to maintain the distinct atmosphere established by existing development and use. • Preserve and enhance public access and recreational opportunities along the Laguna Madre and Cayo del Oso. • Organize vehicular movement through the area, establishing gateways /entrances, pedestrian and vehicular pathways as practical. • Revitalize deteriorated housing and promote new residential development consistent with the Comprehensive Plan and not in conflict with infrastructure availability, Air Installation Compatible Use Zones, flood plains or other factors. Staff Comment: The proposed rezoning is generally consistent in terms of the type of district relative to the Navy flight zones and the existing and planned infrastructure. Notification: Of the fifteen (15) notices mailed to the surrounding property owners one (1) notice was returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered noncontroversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. 777-1-44 Bob Nix, AICP Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (September 17, 2008) 3) Ordinance H :PLN- DIRISHARED\Bevnrby2008 CCSept'o8\0908 -03AGENDAMEMO.doc PIM/Pmlat Manager 4 SrCP /CP Planning Director CITY COUNCIL ZONING REPORT Case No.: 0908 -03 City Council Hearing Date: October 21, 2008 Applicant & Legal Description Applicant: Brown & Ortiz, P.C. Owner: Gene Allen (c /o Sue Allen); Roger D. Rape; James R. Cameron (c /o Wells Fargo) Representative: Kenneth W. Brown, AICP; Brown & Ortiz, P.C. Address: Approximately 1,180 feet south of the southwest corner of Flour Bluff and South Padre Island Drive, located at 1302 Flour Bluff Drive, Corpus Christi, TX 78418, Nueces County Legal Description/Location: 3.777 acres, consisting of part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Page 42, NCMR, Nueces County, Texas Zoning Request From: "RE" Residential Estate To: "B -3" Business District Area: 3.777 acres Purpose of Request: The property to be rezoned will be used (in conjunction with the adjacent property to the north) for retail purposes. Zoning Existing Land Use Future Land Use Site "RE" Residential Estate Vacant Estate Residential (up to one dwelling per acre) North "B-3" Business District Regulations Commercial and Vacant Commercial South "RE" Residential Estate Partially Vacant, One Residence Estate Residential (up to one dwelling per acre) East "B-3" Business District Regulations Commercial and Public Uses Commercial West "RE" Residential Estate Vacant Estate Residential (up to one dwelling per acre) Area Development Plan: The Flour B uff Area Development Plan encourages responsible growth that will provide desirable neighborhoods, adequate public services while preserving the natural environment and assure compatibility with the Naval Air Station flight patterns. Map No.: 036032 Zoning Violations: None —267— Zoning Report Case No. 0908 -03 (Brown & Ortiz, PC) Page 2 Staff's Summary: • Request: The applicant is requesting a change of zoning on 3.777 acres from "RE" Residential Estate District to `B -3" Business District. The property is located on the west side of Flour Bluff Drive, approximately 1,000 feet south of the South Padre Island Drive and Flour Bluff Drive intersection. The subject property is approximately 1,300 feet deep and 126.5 wide. The purpose of the request is to rezone the 3.777 acres and combine the property with the 10.366 acre "B -3" Business District to the north for a major retail center of 100,000 to145,000 square feet. • Existing Land Uses and Zoning: The adjacent property to the north is vacant and zoned "B -3" Business District. To the south the property contains one residence and is zoned "RE" Residential Estate (one unit per acre). To the east across Flour Bluff Drive the property is zoned `B -3" Business District and developed with commercial and public (church) uses. To the west the property is vacant and zoned `B -3" Business District Regulations. The existing "R -E" Residential Estate District allows single family uses on one acre lots. The front yard setback is 50 feet with a 25 foot side and rear yard setback. Minimum height is 35 feet or three stories. The property is located under a Navy designated Air Installation Compatible Use Zone (AICUZ), Accident Potential Zone II which recommends low density residential use of one to two units per acre maximum density (Attachment 12). The "RE" is frequently used as a zoning district for areas that are under the AICUZs. The proposed "B -3" Business District allows office and retail commercial uses. The front yard setback is 20 feet and the rear and side yard setbacks are 0 feet unless adjacent to a residential district, then a 10 foot setback is required. The `B -3" District does not allow permanent residential uses and was originally created by the City for a commercial district for use under the Navy's Air Installation Compatible Use Zones. • Existing Circulation: The property is adjacent to Flour Bluff Drive which is constructed as a two lane rural cross section with roadside drainage ditches. The proposed 2008 Bond Program contains a S6,850,000 two phase project for improvement of Flour Bluff Drive between SPID and Don Patricio Road. This project includes the reconstruction and widening of the existing unimproved two lane roadway with a turning lane where necessary. Other improvements include: curb and gutter, sidewalks, ADA curb ramps, lane striping and pavement markings, and street lighting. This project will include a bike path. • Utilities: The nearest water lines (8 ") available to the subject property are at the northeast comer of the lot, along South Padre Island Drive and along Compton Road. An eight inch sewer line is adjacent to the northern edge of the subject property. • Flood Hazard: The subject property is in Zone C, which is not within the 100 year flood plain. • Drainage: Prior to permitting for development the property will need to be platted which will require a storm water quality master plan to address all drainage issues. Currently, there is not an adopted storm water master plan for the area. • Public Safety: o Police: The Corpus Christi Police Department serves the subject property area. —268— Zoning Report Case No. 0908 -03 (Brown & Ortiz, PC) Page 3 o Fire: There is a hydrant approximately 120 feet from the subject property. The closest fire station is number 13, located at 1802 Waldron Road, approximately one mile away. • Future Land Use Plan: The subject property is designated for estate residential uses in the Comprehensive Plan. However, immediately adjacent to the north, the adopted land use plan calls for commercial uses. While the proposed commercial use is not specifically consistent with the land use map, the proposed land use is generally consistent with the plan since the property could be combined with the commercial zoning to the north to form a major commercial node at a strategic freeway /arterial intersection. • Urban Transportation Plan: The subject property is located on Flour Bluff Drive approximately 1,000 feet from the intersection of South Padre. Island Drive and Flour Bluff Drive. South Padre Island Drive is designated as a Freeway and Flour Bluff Drive is an arterial and in the Urban Transportation Plan. The planned future right -of -way for Flour Bluff Drive is 95 feet with four (4) lanes and a center turn lane. Also, the Transportation Plan calls for an east/west C -1, 60 foot right - of -way, two lane collector street to extend from Flour Bluff Drive west and parallel to South Padre Island Drive. Placing the proposed collector on the southern edge of the subject property would provide a desirable boundary between the commercial and residential uses and would aid circulation to and from the major commercial site at the SPID/Flour Bluff Drive corner. The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than twenty seconds, but less than thirty-five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. Based on current average daily trips at 18,880, the roadway is estimated to be functioning at less than Level of Service C. The Urban Transportation Plan indicates that the capacity at LOS C for a two lane collector street is 3,000 trips per day. • Comprehensive Plan Consistency: While the proposed rezoning is not consistent with the land use map, the proposed rezoning may be considered consistent with the Comprehensive Plan when taking into account the need to place high density commercial activities at major corner locations. The subject property is located in the Flour Bluff Area Development. Broadly, the plan encourages growth while maintaining a balance between private property owners and the continued operation of the Naval Air Station. Several policy statements are available in the Corpus Christi Policy Statements and the Flour Bluff Area Development Plan to assure rezonings are consistent with the City's Comprehensive Plan. Corpus Christi Policy Statements: • Residential Policy c: COMMERCIAL USES ADJACENT TO EXISTING OR PROPOSED RESIDENTIAL AREAS SHOULD BE BUFFERED OR USE - SENSITIVE IN DESIGN. Commercial development can be a great convenience adjacent to a residential neighborhood, providing goods, services, and employment within walking distance. However, care must be taken in design of commercial property to make sure the use is compatible with adjacent residential development. Traffic from commercial areas should be routed away from residential areas. In order to protect residential areas, open space, screening fences, and landscaping should be required and -269- Zoning Report Case No. 0908 -03 (Brown & Ortiz, PC) Page 4 loud or disruptive uses should be prohibited unless other design techniques are used to make the uses compatible. Staff Comment: Placing the proposed collector street between the commercial uses and the low density residential use will help to create a buffer between the two land uses and assure an efficient circulation system. • Commercial Policy b: MINIMIZE THE IMPACT OF COMMERCIAL AREAS ON ADJACENT, EXISTING OR FUTURE RESIDENTIAL AREAS THROUGH THE USE OF COMPACT DESIGNS, SCREENING FENCES, OPEN SPACE AND LANDSCAPING. Compact commercial centers should be located at major intersections. Commercial centers that are compact as opposed to linear in form provide for a grouping of activities. Such grouping of activities generally permits more effective traffic management, i.e., left turn conflicts can be minimized, entryways /exits can be designed to serve several businesses and right turns onto major streets can be encouraged. Commercial centers should also be designed so that the impacts of automobile intrusion, noise, and visual blight on surrounding areas will be minimized. Screening fences, open space or landscaping can provide an essential buffer between shopping and residential areas. (See Attachment 11: Figure 4 Optimal Locations for Medium and High Density Developments.) Optimal locations for medium and high density developments are identified in. Figure 4: Optimal Locations for Medium and High Density Developments of the Corpus Christi Policy Statements (Attachment 11) which discourages strip development along arterial streets. Compact high density development should be located at the intersection of major streets to reduce left turning movements at mid -block locations. High- density development should provide sufficient open space, landscaping, and/or buffer zoning to create a smooth transition between uses. Staff Comment: The proposed rezoning will help create the necessary acreage for a major commercial center with access to a high capacity freeway /arterial intersection. Flour Bluff Area Development Plan The specific goals and objectives of the Flour Bluff Area Development Plan include: • Encourage or require responsible growth that will preserve the existing natural environment. The environment in Flour Bluff is unique to Corpus Christi. Awareness of the value of wetlands as a natural resource and as retention ponds, and woodlands and brushlands for habitat are needed to avoid destruction of these important resources. • Encourage sensible and appropriate development adjacent to Naval Air Station facilities. The presence of the Naval Air Station is important to the economy of Corpus Christi and every effort should be made to encourage their continued operation. • Propose appropriate land uses and a compatible transportation network to serve future land uses. Facilitate infrastructure planning through a reasonable estimate of future land use and densities. —270— Zoning Report Case No. 0908 -03 (Brown & Ortiz, PC) Page 5 • Creation of a clean, litter free environment with adequate public services. Illegal dumping is a major concern on Flour Bluff, which affects the quality of life in the area. • Continue large lot development in the southwest quadrant to maintain the distinct atmosphere established by existing development and use. • Preserve and enhance public access and recreational opportunities along the Laguna Madre and Cayo del Oso. • Organize vehicular movement through the area, establishing gateways /entrances, pedestrian and vehicular pathways as practical. • Revitalize deteriorated housing and promote new residential development consistent with the Comprehensive Plan and not in conflict with infrastructure availability, Air Installation Compatible Use Zones, flood plains or other factors. Staff Comment: The proposed rezoning is generally consistent in terms of the type of district relative to the Navy flight zones and the existing and planned infrastructure. Street R.O.W. Street Urban Transportation Plan Type Existing ROW and Paved Section Planned ROW and Paved Section Traffic Volume Flour Bluff Drive A -1, Minor Arterial 120 feet with 25- 30 feet of pavement (no curb and gutter) 95 feet, with 64 feet back of curb to back of curb 18,880 South Padre Island Drive F -1, Freeway /Expressway 300 feet, 6 thru lanes, 4 frontage road lanes 400 feet, 4 to lanes 9,653 Plat Status: The property is not platted Department Comments: • While the Future Land Use Plan indicates Residential Estate for the property, this narrow strip of land can be combined with the existing commercially zoned property located at the major expressway arterial intersection. • During the platting process, consideration should be given to placing the proposed east - west collector along the southern edge of the subject property to assure adequate circulation for this potentially larger commercial site. • Given the Comprehensive Plan's recommendation to place major commercial activities at major intersections, the proposed rezoning is considered consistent with the overall intent of the Comprehensive Plan. -271— Zoning Report Case No. 0908 -03 (Brown & Ortiz, PC) Page 6 Planning Commission's and Staffs Recommendation: Approval of a "B -3" Business District Number of Notices Mailed — 12 within 200 foot notification area; 3 outside notification area Favor — 1 (inside notification area); 0 (outside notification area) *Opposition — 0 (inside notification area); 0 (outside notification area) (As of October 1, 2008) Attachments: 1. Neighborhood 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site — 2006 Aerial 5. Subject Property 6. Site — Existing Zoning, Notice area, Ownership 7. Comments received from Public Notices mailed 8. Notice Mailing List 9. District Uses 10. City Charter — Article V- Planning 11. Site Plan and Metes and Bounds 12. AICUZ II Map of Subject Property. 13. Planning Commission, Staff and Applicant Recommendation —272— ,SUBJECT PROPERTY` CASE # 0908 -03 1, NEIGHBORHOOD - 2006 AERIAL Subject Pr■;+efly Referto Map _ <.:• •Veighborhood Existim) Lana ure. 4 :.;•; vailabie cam OCA7 ?ON MAP, r- CASE # 0908 -03 1, NEIGHBORHOOD - 2006 AERIAL Subject Pr■;+erty Referto Map _ <.:• •Veighborhood Existim) Lana ure. 4 :.;•; vailabie cam CASE # 0908 -03 2. NEIGHBORHOOD - EXISTING LAND USE Estate Residential. • ER - Low Density Residential - LDR - id Density Residential. - MDR "sity Residential. - HDR Mobile Home - MH 7.1r- Vacant - VAC F afessiona( Office - PO Commercial. COM J Light Industrial - Ll Heavy Industrial - HI ;n I Public Semi - Public - PSP SUBJECT 'PROPERTY r OCATION MAP, / ! City DI Corf0& Chri ai CASE # 0908 -03 2. NEIGHBORHOOD - EXISTING LAND USE Estate Residential. • ER - Low Density Residential - LDR - id Density Residential. - MDR "sity Residential. - HDR Mobile Home - MH 7.1r- Vacant - VAC F afessiona( Office - PO Commercial. COM J Light Industrial - Ll Heavy Industrial - HI ;n I Public Semi - Public - PSP SUBJECT 'PROPERTY OCATION MAP, / ! City DI Corf0& Chri ai ER SUBJECT PROPERTY CASE it 0908 -03 3. NEIGHBORHOc)D FUTURE LAND USE tan AgricuituraURUral - Pc rk 1 Estate Residential - ER 1 ow flimsily Res. - LDI • d • ;ity Res. -MD" ten. =i ph Density Res. - "0 Die Home -MH can' - VAC -0 I Professional Office - PO Commercial -COM Transportation Plan x,..noscd Arterials Collectors • • Expressways __'__. Parkway ±1±1± Railroad _ _ ? Tourist - TOR Research /Business Park - RBP Light Industrial - LI H Heavy Industrial - HI Puixlk >emi- Public - PSP I ?.Irk f 0r:inage Corridor -DC PP 0; edge Placement -DP [ Borer [co Conservation /Presentation - CP SUBJECT 'PROPERTY r OCATION MAP, / City pi Coitms Chri :li FtADRE IstA.wD COL' qh. . LDP a ER suer C PRr ERE i1Cn? • CUM ih° -JCV - con^ CASE # 0908 -03 3. NEIGHBORHOOD - FUTURE LAND USE 'I Aaricultural/Rural -AR Tc•ore.r • 7 0H L fate Residential - ER earch/Business Park - RBP r w -ren pity Res. - LDR 'ndustrial - Id d Density Res. - MD. ' ,..Justtial - HI _up p - eusify Res. - r a - -Pc Semi- Public - PSP 'bite Home - MH I Pm* j = ,anr - VAC [c. j Drainage Corridor -DC of ;tonal Office - PO �P -. Dr adge Placement - DP mm- • dal -cam War -r c':' ConservationlPreservation - CP Trans.p ^nation Plan • Arterials Collectors Expressways Parkway Railroad FE 770 SUBJECT ' PROPERTY OCA7 ?ON MAP, / City pi Coigns Chri :li 7r.AtE ESTATES CASE # 0908 -03 SITE- 200:., AERIAL %A Subject Property Refer to Map : -or'v?ighborhood Existing La.::'. ...so available PADRE 17 / // B: -3: EX TON IND CENTER: 19 VE CENTER 16 I L TURTLE CRV CENTER4UNIT 2 26R 23 BRETT ADDITION, / / 1/( L 1101PLA 02 2 NN R E - �tL0 n`9 B -3 2 1 � E S T A T E S 2 / 1 QAK TERRACE OAK TERRACE ESTATES B 3 oq, 290 O A te£. DAK T RACE Ufa#T x'29 ^20P8 PYepp Cey SRR meet owevebp � nt Servrceg / CASE # 0908 -03 5. SUBJECT PROPERTY SUBJECT PROPERTY A- 'S-P �?-' - -/ PAQRP ( $b f/ f VE CENTER 16 / L TURTLE CbV CENTER 4f2 2 fT B-3" 26R 23 BRETT ADDIT1(JN. 30 /. /t 1/ O /, P / �RT� f ?4q 6/01PLA 02 2 2 R° E B -3 1 OAK TERRACE OAK TERRACE ESTATES OAKO.... 106 290 OAK TERRACE U � [ 1 1t Pre, � DeO meat of Develop 29'2008 By SR.R Servrces CASE # 0908 -03 6. SITE EXISTING ZONING, NOTICE AREA & OWNERSHIP At r�nlenl House 0iatlu 1-1 L roiled In tlntriui.District 41h /pnrtmentHe4 r--e 12 [11/htlnrl!JuI 10-1 Pr essnn11iuly CIS 0/ Pe Urrt Drnl>!Aet 1 F6 ' srrslvnalGlro0111WI. 5-1 O Planner: lly r6o.dalmient AT f rtma4Yo veelne,sA F10 One rnmily0. Ing District B Neighbclnude ss DRturt 5-10 One Fimtly L* Iing Distdc[ &'h BiAr G14 Business Qishic[ R1., One Fie Dw I Indrict E 0- a r1 /1 /Iipe.oun Di R tleRimlvSing District B- f Barrier .Rss rR Hi ^ Dietfrt R One lnmuy [ Estate District C[ S? Bueiness Dt¢net 5- Towneml'JIiwn g sGC6 5-5 �nl BUSinessDistrict 5-TH Tmnhl PPrMiI: Dwelling Blytnd Rlmgry Business District 5F Tra. 11mir &C P ary'BVS1nas CS Design id. ? I 1rd ,fnulLirel Fe k 0lPhkt 5- R 171 nu B M1..C.Ign BIiC T 9 11, i[3 Ire 4 P / Dl /un HO ni[aI -C ]iLI nI. T Dish], lure SLh9v21on HO PrOser 7,21 nitarvaneth ol_mtl preseroeu� l agVect .nPedy Ownzsh 200' duff er c /aeor 4 f t ea ct table ',star' on Pt in n s elReReR .0', n tpos:lcr SUBJECT PROPERTY A -1 /S'P D A -1 L COVE CENTER B -3 LES :fiGTON N1 CE i_r;R LICE i4'r'T 041, TE1R9CE ESTATES CASE # 0908 -03 Air Instillation Compatability Use Zones Legend Runway -..1 : nt Potential ❑e 1 Control aaic -nt Potential ne -ane E yeyeronea■ or ve.ea r.otrA «e SUBJECT 'PROPERTY OCA7 ?ON MAP, / City o[ Coirjns Chrir:li PADRE .4 ND VE CENTER 1B I L TURTLE CRV CENTER,UNIT 2 17 26R EXINQTON IND CENTER: 19 23 BRETT ADDITION/ //Y4 1/( i ;a?' l�D1PLA 02 f'` -1 B,. f 0 i 200 V' OAK e£.,,,.w�. r NN R E B -3 2 QAk *- ERRA• 0E�E\STATES B -3 1 QA K TERRACE OAK TERRACE ESTATES D A K T RACE UN#w24A20P8 Piepp Cey SRR meet o, Devebp nt Servrceg / CASE # 0908 -03 PLANNING COMMISSION, STAFF and APPLICANT RECOMMENDATION From: "RE" To: "B -3" ORDINANCE: SUBJECT PROPERTY COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0908 -03 Name: Brown & Ortiz, P.C. Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: 15 Returned undeliverable: 0 I. Notices returned from within the 200 -foot notification area: Favor: 0 Opposition: 0 ( %) II. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 1 Mr. Roger D. Rape, Owner, 2828 E. Harrington — No comments Opposition: 0 IV. Unsolicited responses received concerning subject area: Favor: 0 Opposition: 0 H:\PLN- DIR\SHARED\Beverly\2008 PC \2008 Public Comments \0908- 03.doc —291— - 141-Ixxx*xx4 X %XXXX % %XX%XX o qiiltZTTT. °amoT8. mm° —292— o 0 a aaa 0 0 X X X o n o co P T °N m 0 Nyr yyC2 % 000 °mm 000 T mg! o O °m m0 NN X xmm am mOAD mmm 00 00 Aa y 0000000000 r00000000 0 C00- CCCCCCCN Nz1w0000000n g 000Nma 44myyli- N X➢XXX4yXlyy1 m P N N v m zKK Isi x0000mm n m000000 a9'-1 m OOOONO E0000-14mmmmD a000000rrrr0 DA22-j22CCCC0 mzzzzxzTTTT- m000000PPPP2 Nnnnnnnmmmm ➢aaaaaanonmN NIo3 NmiiiiX Oo- N ' o- 0000- 0020 z zzz -14y -1 n141y mm NDN' 0000 O Nc n 6m�- .I�mNN�th0N�miT mm028- 08 NmNN8W8wY %Asn $NN'2 PF20 roNwg m9gNP�No4,N- m 0 - 21 - ARTICLE 4B. "RE" RESIDENTIAL ESTATE DISTRICT REGULATIONS Section 4B-1 The regulations set forth in this article, or set forth elsewhere in this ordinance when referred to in this article, are the regulations in the "RE" Residential Estate District. The purpose of this district is to provide for single - family residential development of a spacious character together with the related recreational facilities normally required to provide an orderly, attractive and spacious residential living environment. This district also provides for those agricultural uses which are compatible and in harmony with a lower density residential living environment, which area is subject to conditions that are normally detrimental to "R -1B" District density. Section 48-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 2) Field and truck crops. ( 3) Orchards and vineyards. ( 4) Greenhouses and nurseries. ( 5) Storage of hay and stables for horses. ( 6) Oil and gas wells and appurtenances. ( 7) Public parks, golf courses, driving ranges and other similar public and semi - public uses. ( 8) Railroad rights -of -way, including a strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years, from the time of erection of such temporary buildings, whichever is sooner. (10) Accessory buildings and accessory uses including, but not limited to, private garages, servants' quarters, guest houses, swimming pools, home barbecue grills, storage, and off - street parking and loading spaces. (1 1) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (12) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) (13) Temporary nonilluminated signs pertaining to the lease, hire, or sale of' a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/30/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. 02/08 RE -293- - 22 - (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5), the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. For the purposes of this section, street frontage includes frontage along a canal or a golf course. Section 4B-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 48-4 Off- Street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 48-5 Height, Area and Bulk Regulations. Height, area, and bulk requirements are set forth in the Chart of Article 24. Section 4B-6 Supplementary height, area and bulk regulations are contained in Article 27. 02/08 -294- - 83 - ARTICLE 15. "B-3" BUSINESS DISTRICT REGULATIONS Section 15-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -3" Business District. The purpose of this district is to provide sufficient space in appropriate locations for all types of commercial and miscellaneous service activities, particularly along certain existing major streets where a general mixture of commercial and service activity now exists, but which uses are not characterized by extensive warehousing, frequent heavy trucking activity, open storage of material, or the nuisance factors of dust, odor, and noise associated with manufacturing. Section 15-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the `B -1" Neighborhood Business District except dwellings, boarding and lodging houses. ( 2) Amusement place in an enclosed building, auditorium or theater except open air drive -in theaters. ( 3) Athletic field or baseball field. ( 4) Boat, automobile, motorcycle, recreation vehicle, and HUD -code manufactured home sales and storage. (Ordinance 22851, 02/18/97) Sales and repair of plumbing, heating, electrical, and air - conditioning equipment, and auto parts and tires sales and service with an enclosed building. Wholesale house of not more than 6,000 square feet in floor area. ( 5) ( 6) Bowling alleys and billiard parlors. ( 7) Food storage lockers. ( 8) Animal hospital with no outside runs. (Ordinance 24566, 08/28/01) ( 9) Hotels, motels, or motor hotels. (10) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted. (Ordinance 026735, 4/17/06) (I1) Printing, publishing and engraving. (12) Milk distributing stations, provided there is no bottling on the premises. (13) Radio or television broadcasting stations, studios and offices, but not sending or receiving towers. (14) Skating rink in an enclosed building. (15) Swimming pool or natatorium. (16) Accessory buildings and uses, except that outside storage is not permitted. (17) Public or governmental buildings. (18) Mini - storage, enclosed. (Ordinance 24566, 08 /28/01) 02/08 B-3 -295- -84- (19) Promotional events, subject to the special conditions set forth in Article 27A, Section 27A -2 of this Ordinance. (20) Service stations. (21) Taverns, lounges or bars. (22) Automobile service, painting and body work are permitted as an accessory use within an enclosed building when associated with auto sales establishment. (23) Car washes. (24) Camper shell sales and installation. (25) Commercial parking garage. (26) Automotive repair, major and minor, provided all work is performed inside of a building. (27) Farmers market retail sales area as accessory use to shopping center. (Ordinance 23932, 02/08/00) Section 15-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 15-4 Off- street Loading Regulations. The off -street loading regulations for permitted uses are contained in Article 23. Section 15-5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart of Article 24 and, in addition, the following regulations shall apply: 15 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R -1A" "R -113" "R -1C" "R-2", "A-1", "A -1A ", or "A -2" residential district. 15 -5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R-1A", "R- 1B", "R -IC" "R-2", "A -1 ", "A -1A ", or "A -2" residential district. 15 -5.03 Any boats, automobiles, recreational vehicles, or manufactured homes stored or displayed for sale shall not be permitted in the yard areas required by Article 24. (Ordinance 22851, 02/18/97) Section 15-6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 B-3 -296- - 49 - ARTICLE 12. "B-1" NEIGHBORHOOD BUSINESS DISTRICT REGULATIONS Section 12 -1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "B -1" Neighborhood Business District. This district provides primarily for retail shopping and personal service uses to be developed either as a unit or in individual parcels to serve the needs of nearby residential neighborhoods. Section 12 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "AB" Professional Office District. (2) Automobile parking lots. (3) Display room for merchandise to be sold on order where merchandise sold is stored elsewhere. ( 4) Custom dressmaking and tailoring not involving a factory, shoe repair, household appliance repair, custom cleaning shop not involving bulk or commercial type plants, household furniture upholstery shop accessory to retail furniture sales, and bakeries. (5) Fueling. ( 6) Offices and office buildings. ( 7) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. No portable sign is permitted within this district. (Ordinance 026735, 4/17/06) ( 8) ( 9) Personal service uses including barber shops, banks, beauty parlors, photographic or artists' studios, messengers, taxi cabs, newspaper or telegraphic service stations, dry cleaning receiving stations, restaurants with or without alcoholic beverages (excluding taverns, lounges, or bars), and other personal service uses of a similar character. Retail stores, including florist shops and greenhouses in connection with such shops, but there shall be no slaughtering of animals or poultry on the premises of any retail store, nor shucking of oysters or processing of fish. (10) Self - service Laundries. (11) Undertaking business or establishment. (12) Accessory buildings and used customarily incidental to the uses permitted in the district, except that outside storage and outside sales area are not permitted. (13) Hand operated or automated self - service car washes. (14) Automotive parts sales within a building containing less than 3,000 square feet in gross area with no service bays. Section 12 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 12 -4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 12 -5 Height and Area Regulations. Height and area requirements shall be as set forth in the chart on Article 24, and in addition the following regulations shall apply: 02/08 B -1 -297- - 50 - 12 -5.01 There shall be a side yard not less than ten (10) feet in width on the side of a lot adjoining an "R-1A", "R -IB ", "R -1C ", "R -2", "A -1 ", "A -1A ", or "A -2" residential district. 12-5.02 There shall be a rear yard not Tess than ten (10) feet in depth on the rear of a lot adjoining an "R -IA", "R -1B", "R -1C ", "R -2 ", "A -1 ", "A -1A ", or "A -2" residential district. Section 12 -6 Supplementary height and area regulations are contained in Article 27. 02/08 -298- B-1 - 47 - ARTICLE 11. "AB" PROFESSIONAL OFFICE DISTRICT REGULATIONS Section 11-1 The regulations set forth in this article, or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "AB" Professional Office District. This district is intended to encourage office development of high character in attractive surroundings with types of uses and exterior indication of these uses so controlled as to be generally compatible with single - family or multiple - family dwellings conveniently located within or adjacent to the district. Section 11 -2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Any use permitted in the "R -IA" One- family Dwelling District. ( 2) Two-family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) ( 3) Multiple- family dwellings. ( 4) Boarding, rooming, and lodging houses. ( 5) Private clubs, fraternities, sororities, and lodges excepting those the chief activity of which is a service customarily carried on as a business. ( 6) Non -profit, religious, educational, and philanthropic institutions. ( 7) Business and professional offices and office buildings provided the following conditions are met: (a) No building may be constructed with, or altered to produce a store front, show window, or display window; (8) ( 9) (b) There shall be no display from windows or doors and no storage of merchandise in the building or on the premises; and (c) There shall be no machinery or equipment, other than machinery or equipment customarily found in professional or business offices, used or stored in the building or on the lot. Clinics or hospitals including a pharmacist's shop for dispensing of drugs and medical supplies primarily to patients or occupants of the building; provided, however, there shall be no entrance to such shop except from inside the building and further provided that there be no exterior signs advertising such shop except as provided in item (13) of this section. Child care centers. (10) Apartment hotels. A business may be conducted within the building for the convenience of the occupants of the building, provided there shall be no entrance to such place of business except from inside the building and further provided that there be no exterior signs advertising such business. (11) Beauty culturist and hair stylist shop, studio for an artist, photographer, sculptor or musician including teaching of art, music, dancing or other artistic instruction, provided the following conditions are met: (a) No building may be constructed or altered to produce a store front, show window or display window; 02/08 AB -299- -48- (b) There shall be no display from windows or doors; (c) There shall be no storage of merchandise in the building or on the premises, and no machinery or equipment other than customarily accessory to permitted uses; (d) No exterior sign shall be permitted except as provided in item (13) of this section; and (e) There shall be no adverse effect created on adjacent or neighborhood properties by reason of dust, odor, vibration, glare or noise. (12) On- premise freestanding and wall signs are allowed and further regulated under ARTICLE 33. SUPPLEMENTAL SIGN REGULATIONS, PERMITS, PLATS AND FILING FEES. Roof signs, neon signs and portable signs are prohibited. (Ordinance 026735, 4/17/06) (13) Reserved. (Ordinance 024715, 12/18/01) (14) Reserved. (15) Accessory buildings and uses customarily incidental to the uses permitted in this district, including retail sales accessory to the main use. (Ordinance 24715, 12/18/01) (16) Assisted living facility. (Ordinance 24566, 08/28/01) (17) Bed and breakfast (B &B) inn. (Ordinance 24580, 09/11/01) Section 11 -3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 11-4 Off-street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. Section 11 -5 Height, Area, and Bulk Regulations. The height, area, and bulk requirements shall be as set forth in the chart of Article 24, and in addition the following regulation shall apply: 11 -5.01 Requirements for floor area per acre shall not apply to dormitories, fraternities, or sororities where no cooking facilities are provided in individual rooms or apartments. Section 11 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -300- AB - 25 - ARTICLE 5. "R -1A" ONE - FAMILY DWELLING DISTRICT REGULATIONS Section 5-1 The regulations set forth in this article or set forth elsewhere in this Ordinance when referred to in this article, are the regulations in the "R -1A" One- family Dwelling District. The purpose of this district is to provide for single - family residential development of relatively more spacious character together with such public buildings, schools, churches, public recreational facilities and accessory uses, as may be necessary or are normally compatible with residential surroundings. The district is located to protect existing development of high character and contains vacant land considered appropriate for such development in the future. Section 5-2 Use Regulations. A building or premises shall be used only for the following purposes: ( 1) Truck garden, orchard, or nursery for growing or propagation of plants; trees and shrubs, but not including the raising for sale of birds, bees, rabbits, or other animals, fish or other creatures to such an extent as to be objectionable to surrounding residences by reason of odor, noise, or other factors, and provided no retail or wholesale business office or store is maintained on the premises. ( 2) Single - family dwellings other than manufactured homes. (Ordinance 22851, 02/18/97) (3) Churches and parish halls, temples, convents, and monasteries. ( 4) Colleges and schools, public and non -profit private schools, having a curriculum and conditions under which teaching is conducted equivalent to a public school and institutions of higher learning. In connection with the use of such premises as a college or school, the premises may be used for signs, excluding portable signs, which are within 100 feet of a public street for identifying any permitted educational or related athletic facility or publicizing related educational events provided that no sign contain any commercial message or commercial logo that exceeds 35 percent of the total sign area. Signs not within 100 feet from a public street are pemtitted without restriction provided such sign does not incorporate flashing, moving, or intermittent illumination. The number of signs and square footage of permissible sign area is not otherwise limited. Any sign not in compliance with this paragraph for the use of colleges and schools described herein shall be granted the status of a nonconforming sign upon the registration of such sign with the Building Official or his designated representative within six months of the effective date of this ordinance verifying for each sign: (a) that the sign was constructed and in use prior to January 1, 1989; (b) that the sign is used to identify or publicize educational or related athletic events; (c) the location of the sign; and (d) the percentage of total sign area which is used or dedicated to a commercial logo or commercial message. All signs registered as nonconforming sign pursuant to this paragraph shall be subject to the provisions of Article 26-11, Nonconforming Signs of this Zoning Ordinance. ( 5) Home occupations. ( 6) Nonprofit libraries or museums, art galleries; public utility installations for sewer, water, gas, electric and telephone mains and incidental appurtenances. ( 7) Public parks, playgrounds, golf courses, (except miniature golf courses, putting greens, driving ranges and similar activities operated as a business), nonprofit, nongovemmental public recreation, and community buildings. 02/08 R -1A -301- - 26 - ( 8) Railroad rights -of -way, including strip of land with tracks and auxiliary facilities for track operations, but not including passenger stations, freight terminals, switching and classification yards, repair shops, roundhouses, power houses, interlocking towers, and fueling, sanding and watering stations. ( 9) Shell dredging in water submerged areas. (10) Temporary buildings, the uses of which are incidental to construction operations or sale of lots during development being conducted on the same or adjoining tract or subdivision and which shall be removed upon completion or abandonment of such construction, or upon the expiration of a period of two years from the time of erection of such temporary buildings, whichever is sooner. (11) Temporary non - illuminated signs pertaining to the lease, hire, or sale of a building or premises on which such sign is located, may not exceed the following parameters: (Ordinance 25687, 03/03/04) (a) For properties developed with single - family uses, the sign may not exceed six (6) square feet, including rider signs, and in addition allow the use of one letter -sized flyer box. Only one sign per street frontage is allowed. (b) For undeveloped properties containing not less than three (3) acres and not more than five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of sixteen (16) square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted. (c) For undeveloped properties exceeding five (5) acres, the sign may not exceed a height of eight (8) feet and a sign area of 32 square feet. Only one sign per street frontage is allowed. The use of one letter -sized flyer box per premise is permitted For the purposes of this section, street frontage includes frontage along a canal or a golf course. (12) Child care homes. (13) Accessory buildings and uses including, but not limited to, private garages, servants quarters, guest houses, swimming pools, home barbecue grills, storage, off - street parking and loading spaces, customary church bulletin boards and identification signs, which shall not utilize or incorporate flashing, moving, or intermittent illumination and shall not exceed thirty (30) square feet in area for permitted public and semi- public uses. (14) Telecommunications facility, subject to the limitations in Article 27C. (Ordinance 23612, 04/13/99) (15) If approved as a Specific Use Permit (SUP) under Article 25A, a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 9/11/01) Section 5-3 Parking Regulations. The parking regulations for permitted uses are contained in Article 22. Section 5-4 Off -street Loading Regulations. The off - street loading regulations for permitted uses are contained in Article 23. 02/08 R -1A -302- - 27 - Section 5-5 Height, Area, and Bulk Regulations. Height, area, and bulk requirements shall be as set forth in the chart of Article 24, which chart, and all notations and requirements shown therein, shall be a part of this Ordinance and have the same force and effect as if all the notations and requirements set forth therein were fully set forth or described therein. In the "R -IA" District all lots in platted subdivisions may comply with the lot area and yard requirements of the "R -1B" District as minimum requirements. Section 5 -6 Supplementary height, area, and bulk regulations are contained in Article 27. 02/08 -303- R -1A Attachment 10 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The -304- comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. -305- A miemneW`r /I VOW Cr Jr 'Tr pc enr cjer • [{{ £ d ' 5f OPOC2 \[aOwll A an.ina\G[O- FG[2\r8[2\ ] CASE # 0908 -03 Air Instillation Compatabilify Use Zones Legend Runway • Accident Potential Zone 1 •Control r z Accident Potential Zone Zone 2 SUBJECT ^ PROPERTY N °n. lge • �C. 94n 'LOCATION MAP ti a; A7 WV City puus Co r Christi PADRE /SLAND 18 EXINGTON IND CE TER BRETT ADDITI • N 30 From: "RE" To: "B -3" WO PLACE AAQWERRA -E ESTATES 1 OAK TERRAC OAK TERRACE ESTATES OAK T&1.RACE UNI `26'2008 J,� Preper dSy:SRR Dep2fimenr of Developnr Services CASE # 0908 -03 PLANNING COMMISSION, STAFF and APPLICANT RECOMMENDATION From: 11RE" To: "8-3" ORDINANCE: MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday September 17, 2008 5:30 P.M. COMMISSIONERS: Rudy Garza, Chairman A. Javier Huerta, Vice - Chairman *arrived at 5:31p.m. John C. Tamez Johnny R. Martinez James Skrobarczyk Evon J. Kelly Govind Nadkarni *arrived at 5:32p.m. David Loeb Mark Adame ABSENCES: None I. CALL TO ORDER A quorum was declared and the meeting was called to order at 5:30 p.m. by Chairman Garza. STAFF: Bob Nix, AICP Assistant City Manager of Development Services Johnny Perales, PE, Deputy Director of Development Services/ Special Services Faryce Goode - Macon, Assistant Director of Development Services/Planning Miguel Saldaiia, Special Services Bob Payne, AICP, Senior City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang- Priestley, Recording Secretary HI. PUBLIC HEARING AGENDA ITEMS B. ZONING 1. New Zoning b. Case No. 0908 -03 Brown & Ortiz, P.C. - A change of zoning from a "RE" Residential Estate District to a "B -3" Business District resulting in a change of land use from vacant to retail uses 3.777 acres, being part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, Volume A, Page 42, Nueces County, TX, located west of Flour Bluff Drive approximately 130 feet north of the Flour Bluff and Compton Road intersection. Mr. Payne presented the above case via Power Point stating the applicant is Brown and Ortiz and the subject property is located at 1302 Flour Bluff Drive. Mr. Payne stated the request is for a change of zoning from a "RE" Residential Estate District to a "B -3" Business District. Mr. Payne stated the applicant would like to combine the subject property with the 20 acres to the north for a large super center. Mr. Payne stated that the adjacent property to the north is zoned `B -3" Business District and is vacant. To the south, the property contains one residence and is zoned "RE" Residential Estate, which requires one unit per acte,3 Rf a front yard setback of 50 feet and side and rear Planning Commission Minutes September 17, 2008 Page 2 yard setbacks of 25 feet, with a minimum lot width of 150 feet. To the east across Flour Bluff Drive the property is zoned `B -3" Business District and developed with commercial and public (church) uses. To the west the property is vacant and zoned 'B -3" Business District. Mr. Payne stated the difference between a 'B -3" and a 'B -4" is that dwellings are not allowed in the 'B -3" District. Mr. Payne stated the "B -3" zoning is typically used around airports and that this area is in a Navy Air Installation Compatible Use Zone, Accident Potential Zone II, which recommends low density residential use of one to two units per acre maximum density. High density uses are discouraged. Mr. Payne stated the Future Land Use Plan shows a strip of commercial area very close to the subject property, and staff believes the proposed use to be a logical one even though the Future Land Use Plan does not show this particular property as commercial. Mr. Payne stated staff recommends approval and of the fifteen notices mailed, one was returned in favor and zero were returned in opposition. In response to Commissioner Nadkarni, Mr. Payne confirmed that Lot 23 to the north of the subject property is a 20 acre tract and is already zoned "B-3" and is the property which the applicant plans to develop along with the subject property. In response to Commissioner Loeb, Mr. Payne stated that staff believes the "B -3" to be an acceptable district for use in this situation and is the district traditionally used in Navy Air Installation compatible use zones. Mr. Payne further stated that within the next year there will be a Joint Land Use Study with the Navy and the "B-3" zoning district will be revisited. Public hearing was opened. Mr. Ken Brown, P.C., representative for Wal -Mart came forward in support of the request stating the applicant wants to create a commercial mode at the subject location. Mr. Brown stated they are working with staff to ensure compatibility with the surrounding uses and had a pre- meeting with staff dealing with platting infrastructure utilities and other issues. Mr. Brown stated he respectfully requests support for the application and stated they have an engineer present if the Commissioners have any questions. Public hearing was closed. Motion for approval was made by Commissioner Martinez and was seconded by Commissioner Skrobarczyk. Motion passed unanimously. -310- Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY BROWN & ORTIZ, P.C., BY CHANGING THE ZONING MAP IN REFERENCE TO 3.777 ACRES BEING A PART OF LOT 6 AND LOT 7, SECTION 41, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, FROM "RE" RESIDENTIAL ESTATE DISTRICT TO "B-3" BUSINESS DISTRICT; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Brown & Ortiz, P.C., for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, September 17, 2008, during a meeting of the Planning Commission, and on Tuesday, October 21, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 3.777 acres being a part of Lot 6 and Lot 7, Section 41, Flour Bluff and Encinal Farm and Garden Tracts, located west of Flour Bluff Drive approximately 130 feet north of the Flour Bluff and Compton Road intersections, from "RE" Residential Estate District to "B -3" Business District. (Zoning Map 036032) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. Q:1SharedUaylAgenda1 2008 11 0- 2 11ORD- zoning0908- 03Browptit- s.3.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 21st day of October, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: October 14, 2008 All 1. Or �',. Yv! a Aguil -j% Ass'stant City Attorney For City Attorney Q:\SharedUayAgenda\2008\10-21 \ ORD- zoning0908- 03Eiftenntia- B-3.doc Page 3 of 3 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Ct1SharedUay1Agenda20o8110- 21 \ORD- zoning0g08- 03Broan rF3 -3.doc RJJJ COVE CENTER PARE ISLAND AIF4'ERRA • ESTATE 1 OAK TERRAC OAK TERRACE ESTATES CASE # 0908 -03 PLANNING COMMISSION, STAFF and APPLICANT RECOMMENDATION From: "RE" To: "B -3" ORDINANCE: METES AND BOUNDS DESCRIPTION 3.777 ACRES All that certain tract or parcel containing 3.777 acres of land in Nueces County, Texas, being part of Lot 6 and Lot 7, Section 41, of "Flour Bluff and Encinal Farm and Garden Tracts" (FBEFGT), a subdivision of record in Volume A, Page 42, of the Nueces County Map Records (NCMR), also being the same tract which was called 3.812 acres (1.888 Acre Tract I, and 1.924 acre Tract II), and conveyed from Robert C. Wilkerson, District Director, IRS, to Gene Allen, James R Cameron, and Roger D. Rape, by an Instrument of record in Volume 2166, Page 869, of the Nueces County Deed Records (NCDR), said 3.777. acres being more particularly described by metes and bounds as follows, basing Coordinates and Bearings upon the Texas Coordinate System of 1983 (1993 Adjustment), South Zone, to wit: BEGINNING at a 5 /8 "IR (X= 1373063.44', Y= 17135089.94') set at the northeast corner of said 3.812 acre tract and southeast corner of Lot 30 of Lots 23 -30 Incl., Lexington Industrial Center, a subdivision of record in Volume 37, Page 9, NCMR, lying in the west line of Flour Bluff Drive (width unknown), at its intersection with the south line of Lot 5 and north line of Lot 6, FBEFGT, said beginning point being located southwesterly approximately 1,000 feet along Flour Bluff Drive from South Padre Island Drive, AKA State Highway Number 358 (SPED); THENCE S 28 °33'13" W,.126.50 feet along the west line of Flour Bluff Drive to a 5/8" iron rod set at the southeast corner of said 3.812 acre tract and northeast comer a tract which was called 5.5 acres and conveyed from Lura D. Sweatt to Hart F. Smith, by an instrument of record in Document #1997036476, of the Nueces County Official Public Records of Real Property (NCOPRRP); THENCE departing Flour Bluff Drive, N 61 °27'51" W, 1300.66 feet along the common line of said 3.812 acre and 5.5 acre tracts to a 5/8" iron rod set at the southwest corner of said 3.812 acre tract and an interior corner of said 5.5 acre tract; THENCE N 28 °32'09" E, 126.50 feet along the common line of said 3.812 acre and 5.5 acre tracts to a 5/8" iron rod (X= 1371920.75', Y= 17135711.29') set at the northwest corner of said 3.812 acre tract and most westerly northeast corner of said 5.5 acre tract, lying in the south line of Lot 17 Lexington Industrial Center, a subdivision of record in Volume 28, Page 37, NCMR; Page 1 of 2 Pages —315— tow - 03 METES AND BOUNDS DESCRIPTION 3.777 ACRES Page 2 THENCE S 61 °27'51" E, along the north line of said 3.812 acre tract, at 135.06 feet pass a 5/8" iron rod found at the southeast corner of said Lot 17, and southwest corner of Lot 18, Lexington Industrial Center, a subdivision of record in Volume 41, Page 74, NCMR, at 227.39 feet pass the calculated southeast comer of said Lot 18 and southwest corner of Lexington Industrial Center Lot 19, a subdivision of record In Volume 60, Page 58, NCMR, from said calculated corner, 5/8" iron rods found bear: S 28 °32'46" w. 0.24' and S 28 °11'42" W, 0.33', at 597.51 feet pass the southeast comer of said Lot 19 and southwest corner of Lot 23, Lexington Industrial Center, and continuing for a distance in all of 1300.70 feet to the PLACE OF BEGINNING, containing 3.777 acres of land, more or less. A certified plat has been prepared under the same job number as a part of this professional service. Compiled By: Johnson & Pace Incorporated 1201 NW Loop 281 • LB -1 Longview, Texas 75604 Lonn . Pace, II Professional Land Surveyor Texas Registration No. 1573 Engineering • Architecture.' Surveying Job No. 2154 -015 Date: June 20, 2008 Page 2 of 2 Pages —316— .00e -31 7- ....r 3f re fm` flea Odd a. <[ aal 99999!9 \a a•a i %a•nen. \ore- wse\.v.a' :4 23 CITY COUNCIL AGENDA MEMORANDUM CITY COUNCIL ACTION DATE: October 21, 2008 AGENDA ITEM: A. Public hearing to consider and nominate applications to the Office of the Govemor for Commercial Revitalization Deduction allocations. B. Resolution nominating projects to the Office of the Governor for Renewal Community Commercial Revitalization Deductions which include: 1. Pietsch Realty Investments, LLC to receive an allocation for $600,000 from the 2008 Commercial Revitalization Deduction for a building located 326 N. Chaparral. 8 -10 jobs will be created. 2. UBP Properties, LLC to receive an allocation for $1,500,000 from the 2008 Commercial Revitalization Deduction for a building located 807 N. Upper Broadway. 1 -2 jobs will be created. 3. Nueces Bay WLE, LP and Topaz Power Group to receive a binding commitment for an allocation of $2,100,000 from the 2009 Commercial Revitalization Deduction fora building located at 2002 E. Navigation Blvd. 25 new full -time jobs will be created. The binding commitment is subject to the following upon approval by the City Council in 2009: a. Project will be placed in service by December 31, 2009 b. Funding is secured c. Land /property acquisition is complete or under lease d. Full -time jobs are created or retained. ISSUE: As one of forty designated Renewal Communities nationwide, the City of Corpus Christi may nominate $12 million of Commercial Revitalization Deductions each year during the designated period. According to the Internal Revenue Service (IRS), the Commercial Revitalization Agency (CRA) may make the following types of allocations: 1. An allocation in the year that the project is completed. 2. A binding commitment to make an allocation of a specified dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service. 3. A carryover allocation. The Office of the Govemor serves as the Commercial Revitalization Agency (CRA) and is responsible for certifying allocations nominated by the goveming bodies of the Renewal Communities in Texas. Local projects approved by the City Council must be submitted to the CRA by November 1, 2008. REQUIRED COUNCIL ACTION: Approval of the resolution as presented. PREVIOUS COUNCIL ACTION: The Agreement was previously approved by City Council on August 21, 2007 for fiscal year 2007 -2008. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the projects to be submitted to the Office of the Governor for the 2009 Commercial Revitalization Deductions. ir/'na..) Irma Caballero, Director Economic Development -321- 2008 Allocation Project Name: Pietsch Realty Investments, LLC Project Location: 326 N. Chaparral Project Census Tract: 3 New Jobs Created: 8 -10 Jobs Retained: N/A Total Investment: $1,300,000 Placed in Service: October 2008 Allocation Request: $600,000 Summary Pietsch Realty Investments, LLC began renovations of the property at 326 N. Chaparral Street, in August 2007. The building has been vacant since a catastrophic fire destroyed much of the interior in the late 1990s. The building is being renovated for a bar /entertainment lease space and is scheduled to be placed in service October24, 2008. -322- 2008 Allocation Project Name: UBP Properties, LLC Project Location: 807 N. Upper Broadway Project Census Tract: 3 New Jobs Created: 1 -2 Jobs Retained: N/A Total Investment: $8,000,000 Placed in Service: October 2009 Allocation Request: $1,500,000 Summary A 40,000 square foot office building located at 807 N. Upper Broadway was originally constructed in 1953 by the Southern Minerals 00 Company. In 1967, the building was sold to HEB and served as its corporate headquarters until 1985. In May 2008, UBP Properties, LLC was formed by Jerry and Kathy Dewbre, and the building was purchased for the purpose of revitalizing the building for dual commercial and residential use. The building will be rehabilitated to include commercial office space on the first floor, luxury condominiums on the second and third floors, and an addition to include approximately 8,000 square feet for a fourth floor on the current roof and convert a portion of the basement to parking. —323— 2008 Allocation Project Name: Nueces Bay WLE, LP and Topaz Power Group Project Location: 2002 E. Navigation Blvd Project Census Tract: 4 New Jobs Created: 25 Jobs Retained: N/A Total Investment: $433,000,000 Placed in Service: December 2009 Allocation Request: $2,100,000 (2009) Summary Nueces Bay WLE, LP and Topaz Power Group, LLC are requesting a binding commitment to make an allocation of the Commercial Revitalization Deduction of $2.1 million for the calendar year 2009, for the renovation of the Nueces Bay Power Plant. The three existing power generating units at the Nueces Bay Power Station were built between 1949 and 1972. The oldest unit is expected to be demolished as part of the project. The redeveloped Nueces Bay units shall continue to be gas -fired power generation units. The $433 million capital investment will add 25 new full -time jobs at an average annual salary of $75,000. —324— City of Corpus Christi Renewal Community - CRD Allocations 2008 - 2009 -325- 2008 2009 J. Golden Properties, Inc. 7,900,000.00 - Gary & Burke 2,000,000.00 - UBP Properties, LLC 1,500,000.00 - Pietsch Realty Investments, LLC 600,000.00 - Adame Group - 8,950,000.00 Nueces Bay WLE, LP - 2,100,000.00 Total CRD Allocations 12,000,000.00 11,050,000.00 Maximum CRD Allocation per year 12,000,000.00 12,000,000.00 Available CRD Allocation - 950,000.00 -325- UBP Properties, LLC Commercial Revitalization Deduction Renovation of 807 N. Upper Broadway -326- UBP Properties, LLC is pleased to present this application for a carryover allocation of the Commercial Revitalization Deduction for calendar year 2008, for the renovation of the property at 807 N. Upper Broadway, Corpus Christi, Texas. PROJECT INFORMATION 1. Executive Summary A 40,000 square foot office building was constructed at 807 N. Upper Broadway in 1953 by the Southern Minerals Oil Company. In 1967, the building was sold to HEB and served as its corporate headquarters until 1985. The building then remained vacant for 23 years. In May, 2008, UBP Properties LLC was formed by Jerry and Kathy Dewbre, and the building was purchased for the purpose of revitalizing the building for dual commercial and residential use. WKMC Architects were hired and prepared preliminary designs completed to rehabilitate the first floor for use as commercial office space, and convert the 2 °d and 3'd floors to luxury condominiums. The project will also include an approximately 8,000 square feet addition for a 4d' floor on the current roof and convert a portion of the basement to parking. 2. Company/Personal Background Jerry and Kathy Dewbre are the owners of UBP Properties which owns the building and will undertake the project. Jerry and Kathy have been residents of Corpus Christi since 1980. For the past 20 years Jerry has owned and operated Dewbre Petroleum Corporation a local independent oil and gas company which has 15 full time employees. 3. Propose of the Project The purpose of the project is to revitalize a portion of Corpus Christi's infrastructure that has been idle for more than 20 years by re- opening high quality office space and providing a secure and high quality residential space for persons desiring to live in downtown Corpus Christi. 4. Construction/Rehabilitation The construction/rehabilitation will consist of complete removal of all existing interior walls, then rewiring, re- plumbing, and reconstruction of new interior walls on the first, second, and third floors. The first floor will remain exclusively for commercial office space. The third and fourth floors will be converted to residential units. There will be 3 units on each floor. A ramp will be constructed to allow a portion of the existing basement level to be used for underground parking. The remainder of the basement will include a conference/training room and storage. An additional 8,000 square feet of space will be enclosed on the roof. This will include one additional residential unit, as well as a meeting room and work -out facility for common use by all tenants. The existing parking areas outside the building will be paved and landscaped. A security fence will be constructed to enclose the entire facility. The building cost 1 —327— $1.48 million. Demolition of the existing interior of the building and 2 small detached buildings, and complete rehabilitation of the building and parking lot is estimated to cost $6.5 million. It is important to note that the purpose of this application is to request an allocation of the Commercial Revitalization Deduction for only the commercial rental portion of this project. The residential aspect will not be rental property. The residential units will be held for sale. The commercial aspect of the project meets the test for substantial rehabilitation because the rehabilitation will cost substantially more than the cost of the building, it is located in the Renewal Community District and it will be completed and placed in service prior to January 1, 2010. This application requests a carryover allocation of $1,500,000 of the available funds for calendar year 2008. 5. Construction Schedule Detailed architectural design is in progress. Plans are to begin demolition in December, 2008, so that demolition can be completed and construction can begin in January, 2009. We expect to have incurred 10% of the expected final basis no later than March 1, 2009, and to complete the project by October 1, 2009. 6. Zoning The property is zoned B -6 Primary Business Core District. No zoning changes are needed. Application of Section 1400I Aside from meeting the location requirements and being leasehold improvements to real property the project satisfies the Qualified Building and Expenditure requirements as follows: In order to qualify for the Commercial Revitalization Deduction, the expenditure must meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building'. Section 14001(b)(1)(B) states that a qualified revitalization building means any building if the building is placed in service by the taxpayer after the rehabilitation and the building is substantially rehabilitated (within the meaning of section 47(c)(1)(C), which reads as follows: (C) Substantially rehabilitated defined (i) In general For purposes of subparagraph (A)(i), a building shall be treated as having been substantially rehabilitated only if the qualified rehabilitation expenditures during the 24- month period selected by the taxpayer (at the time and in the manner prescribed by regulation) and ending with or within the taxable year exceed the greater of — (I) the adjusted basis of such building (and its structural components), or 2 —328— a» $5,000. The adjusted basis of the building (and its structural components) shall be determined as of the beginning of the 1st day of such 24 -month period, or of the holding period of the building, whichever is later. For purposes of the preceding sentence, the determination of the beginning of the holding period shall be made without regard to any reconstruction by the taxpayer in connection with the rehabilitation. Qualified Building In order to qualify for the Commercial Revitalization Deduction, the expenditure must meet the tests of Section 1400I(6) defining a "Qualified Revitalization Building ". Section 1400I(b)(1)(A) states that a qualified revitalization building means any building if the building is placed in service by the taxpayer and the original use of the building begins with the taxpayer. (b) QUALIFIED REVITALIZATION BUILDINGS AND EXPENDITURES- For purposes of this section- - (1) QUALIFIED REVITALIZATION BUILDING - The term qualified revitalization building means any building (and its structural components) if -- (A) the building is placed in service by the taxpayer in a renewal community and the original use of the building begins with the taxpayer, or (B) in the case of such building not described in subparagraph (A), such building (i) is substantially rehabilitated (within the meaning of section 47(c)(1)(C)) by the taxpayer, and (ii) is placed in service by the taxpayer after the rehabilitation in a renewal community. Qualified Expenditure Section 1400I(b)(2) states that in order to qualify for the Commercial Revitalization Deduction, the expenditure must meet the tests of being a "Qualified Revitalization Expenditure ". There are several tests here with the first being an amount properly capitalized and depreciable under section 168 of the IRC. As well, 1400I(b)(2)(i) requires the property must be non - residential real property or Sec.1250 property. 3 —329— The following code sections establish that the expenditures incurred in the construction of the project are qualified expenditures due to their nature as depreciable real property used in a trade or business. (2) QUALIFIED REVITALIZATION EXPENDITURE- (A) IN GENERAL - The term `qualified revitalization expenditure' means any amount properly chargeable to a capital account for property for which depreciation is allowable under section 168 (without regard to this section) and which is -- (i) nonresidential real property (as defined in section 168(e)), or (ii) section 1250 property (as defined in section 1250(c)) which is functionally related and subordinate to property described in clause (i). Sec. 168. - Accelerated cost recovery system (a) General rule Except as otherwise provided in this section, the depreciation deduction provided by section 167(a) for any tangible property shall be determined by using — (1) the applicable depreciation method, (2) the applicable recovery period, and (3) the applicable convention. (c) Applicable recovery period For purposes of this section, the applicable recovery period shall be determined in accordance with the following table: In the case of: The applicable recovery period is: 3 -year property 3 years 5 -year property 5 years 7 -year property 7 years 10 -year property 10 years 15- yearproperty 15 years 20- yearproperty 20 years Waterutilityproperty 25 years Residential rental property 27.5 years Nonresidential real property 39 years. Any railroad grading or tunnel bore 50 years. —330— (B) Nonresidential real property The term "nonresidential real property" means section 1250 property which is not - (i) residential rental property, or (ii) property with a class life of less than 27.5 years. Sec. 1250. - Gain from dispositions of certain depreciable realty (c) Section 1250 property For purposes of this section, the teen "section 1250 property" means any real property (other than section 1245 property, as defined in section 1245(a)(3)) which is or has been property of a character subject to the allowance for depreciation provided in section 167. Sec. 167. - Depreciation (a) General rule There shall be allowed as a depreciation deduction a reasonable allowance for the exhaustion, wear and tear (including a reasonable allowance for obsolescence) - (1) of property used in the trade or business, or (2) of property held for the production of income. Relevance to Allocation Plan As stipulated in Section 1400I(e)(1)(A), the Commercial Revitalization Amount must be allocated pursuant to a qualified allocation plan of the commercial revitalization agency. A qualified allocation plan is described in 1400I(e)(2) as the plan which established the priorities to be considered in the allocation process and the degree in which a project contributes to this allocation plan. (e) RESPONSIBILITIES OF COMMERCIAL REVITALIZATION AGENCIES- (1) PLANS FOR ALLOCATION- Notwithstanding any other provision of this section, the commercial revitalization expenditure amount with respect to any building shall be zero unless— (A) such amount was allocated pursuant to a qualified allocation plan of the commercial revitalization agency which is approved (in accordance with 5 –331– rules similar to the rules of section 147(f)(2) (other than subparagraph (B)(ii) there of) by the governmental unit of which such agency is a part, and (B) such agency notifies the chief executive officer (or its equivalent) of the local jurisdiction within which the building is located of such allocation and provides such individual a reasonable opportunity to comment on the allocation. (2) QUALIFIED ALLOCATION PLAN- For purposes of this subsection, the term qualified allocation plan' means any plan— (A) which sets forth selection criteria to be used to determine priorities of the commercial revitalization agency which are appropriate to local conditions, (B) which considers -- (i) the degree to which a project contributes to the implementation of a strategic plan that is devised for a renewal community through a citizen participation process, (ii) the amount of any increase in permanent, full -time employment by reason of any project, and (iii) the active involvement of residents and nonprofit groups within the renewal community, and (C) which provides a procedure that the agency (or its agent) will follow in monitoring compliance with this section. Contribution to the Implementation of a Strategic Plan This application used as a basis for a strategic plan the Comprehensive Plan for the City of Corpus Christi and the South Central Area Development Plan. The Comprehensive Plan and its elements have been prepared by the City of Corpus Christi Planning and Development Department and adopted by the City Council as Ordinance of the City. The elements of the Comprehensive Plan serve as the best existing guide by which to judge the appropriateness of a particular project. Therefore elements of this Comprehensive plan will be used to measure the degree to which a project contributes to the strategic plan for the renewal community. In accordance with Sec. 14001(eXB)(iii), the elements of the Comprehensive Plan were studied by numerous citizens and community organizations and presented their verbal or written recommendations during public hearing conducted by the Planning Commission and City Council. 6 –332– By Ordinance of the City of Corpus On July 21, 1987, a document entitled City of Corpus Christi Policv Statements: An Element of the Comprehensive Plan which should be used as a guideline for growth and development for the entire City and to be used as a guideline to facilitate Area Development Plans. The comprehensive policy statement set forth the overall guiding philosophy or concept for the rest of the City's comprehensive plan elements. The policy statements enumerate seven specific goals for Corpus Christi and a review of the list shows that the project complies with all of the specific goals in the Comprehensive Plan. 1. MAINTAIN .AND IMPROVE THE QUALITY OF LIFE FOR ALL CITIZENS 2. DEVELOP A VITAL AND GROWING ECONOMIC BASE FOR CORPUS CHRISTI 3. MAINTAIN AND IMPROVE THE STABILITY OF EXISTING RESIDENTIAL AND COMMERCIAL AREAS. 4. MAINTAIN AND ENHANCE THE NATURAL AND MAN -MADE ENTITIES OF CORPUS CHRISTI. 5. PROMOTE EQUAL OPPORTUNITY FOR ALL CITIZENS TO PARTICIPATE IN A QUALITY LIVING, WORKING, CULTURAL, AND RECREATIONAL ENVIRONMENT. 6. ENCOURAGE ORDERLY DEVELOPMENT OF NEW RESIDENTIAL, COMMERICAL, AND INDUSTRIAL PROPERTIES TO ACCOMMODATE GROWTH. 7. ENCOURAGE A HIGH LEVEL OF DESIGN TN THE OVERALL DEVELOPMENT OF THE CITY. Active Involvement of Residents and Non -Profit Groups UBP Properties, LLC has implemented a strategy to identify residents of the Renewal Community in order to take advantage of the Renewal Community Employment Tax Credit and position the company for Zero Percent Capital Gains in compliance with the requirements for such treatment. Real Estate Contract and Finance Attached is a copy of the warranty deed showing that UBP Properties, LLC owns the subject property and evidence of sufficient financial resources is evidenced by the letter of commitment from American Bank. Both items may be found in the exhibits section of the application. Explanation of Good Standing Exhibits —333— 7 As part of the approval process for the CRD, the Office of the Governor requires a variety of certificates of good standing with the state and local authorities, evidence of site control, and evidence of adequate financial resources to construct the project. Included in the exhibits are the following items that serve to prove the good standing, ownership and finances of the applicant: 1. City of Corpus Christi Renewal Community Commercial Revitalization Application Packet 2. Secretary of State (SOS) status of 1) individual 2) tenants and 3) any other entity. 3. Texas Comptroller of Public Accounts - corporate status, Tax ID, sales & use tax status, and franchsie tax 4. Property Data Sheet Nueces County Appraisal District 5. Evidence that company is in good standing with the Nueces County Tax Collector 6. Letter of commitment from a lending institution stating that you qualify for a loan in the amount necessary to construct or rehabilitate the project and/or evidence that you have the funds available to complete construction or rehabilitation of the project. 7. Copy of warranty deed 8. Proof of authority to do business in Texas —334— Nueces Bay WLE, LP Commercial Revitalization Deduction Renovation of Nueces Bay Power Plant 2002 E. Navigation Blvd. -337- Executive Summary /Company Information/Purpose of Project Nueces Bay WLE, LP and Topaz Power Group, LLC are pleased to present this application for a binding commitment to make an allocation of the Commercial Revitalization Deduction for the calendar year 2009, for the renovation of the property at 2002 E. Navigation Blvd., Corpus Christi, Texas. Topaz Power Group has undertaken a major capital redevelopment project on the site of the existing Nueces Bay Power Station on the Corpus Christi Ship Channel in the City of Corpus Christi over a two -year period. The power plant is currently owned and operated by Topaz Power Group, which is an Austin, Texas -based limited liability company owned by a subsidiary of Carlyle/Riverstone Global Energy and Power Fund III, L.P. The subject property is actually owned by Nueces Bay WLE, LP, a Texas Limited Partnership, owned .1% by Topaz Power Group GP II, LLC and 99.9% by Topaz Power Group LP II, LLC. Any future references to the owner in this application will be to this entity. The three existing power generating units at the Nueces Bay Power Station were built between 1949 and 1972. The oldest unit is expected to be demolished as part of the project. The combined cycle of the redeveloped units is expected to have a total 692 - MW capacity, which represents a net increase of 163 MW over the total capacity of the current units. This project will provide electric power to the ERCOT power grid serving areas outside the local region, will result in significant direct and indirect local investment and job creation and will provide long term electric reliability for the entire Nueces County region. The redeveloped Nueces Bay units shall continue to be gas -fired power generation units. Included in the total costs of the renovation described in the development plan section, are costs related to the redevelopment of existing buildings on the subject property. Since these costs are related to the rehabilitation of existing buildings that greatly exceed the cost basis of the buildings; the expenditures meet all tests for project qualification under 1400I of the Internal Revenue Code. This application requests a binding commitment to make a Commercial Revitalization Deduction allocation of $2.1 million for the 2009 calendar year. 2 —338— Rehabilitation Development Plan Nueces Bay WLE, LP has entered into an "Incentive Agreement" with the City of Corpus Christi, Texas. A copy of the incentive agreement is attached in the exhibit section of this application. The "Incentive Agreement" explicitly details the development plan for the project. Below please find a brief synopsis of the project costs: Capital Investment in redevelopment of power generating units $344.5 million Labor (construction personnel and engineers) 88.5 million Totals $433.0 million 3 —339— Project Description Legal Description and Zoning The project is located at 2002 E. Navigation Blvd. and a map and legal description of the property is presented below: f�NOilleitheLtednislisamilsmAnesSet • Nn P cog* Ign.Neee>es.da..*Cw 4s {T BmI.Me.. gpgebd.d I'$ Rhea .. %NwM. tsutra I seism. Melia »'Os+tNm• RCJFDEC Addrw lowta address 2007 E NAVIGATION BLVD 78402-1913 is in the Copu. Christi, TX Renewal Community Sow Information dirk Mw to unto* Ito B . TX • Gwen aw.<Es MANN • Cann TMLL, 0050.00 SpW1 -Pos mines& Csmmunb IAN -210u a.n. SIN • Inn rn. YYwyW.k u-.. tn.ky.w tier No nil Mg= N.u. chomp the 'OM layout M Iw.Luy. Went yeMM A. North A legal description of the subject property can be found in the special warranty deed presented in the exhibits section of this application. Current zoning information on the subject property can also be found in the exhibits section. —340— Application of Section 1400I Aside from meeting the Location requirements and being leasehold improvements to real property the project satisfies the Qualified Building and Expenditure requirements as follows: In order to qualify for the Commercial Revitalization Deduction, the expenditure must meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building". Section 1400I(b)(1XB) states that a qualified revitalization building means any building if the building is placed in service by the taxpayer after the rehabilitation and the building is substantially rehabilitated (within the meaning of section 47(c)(1)(C), which reads as follows: (C) Substantially rehabilitated defined (i) In general For purposes of subparagraph (A)(i), a building shall be treated as having been substantially rehabilitated only if the qualified rehabilitation expenditures during the 24 -month period selected by the taxpayer (at the time and in the manner prescribed by regulation) and ending with or within the taxable year exceed the greater of— (I) the adjusted basis of such building (and its structural components), or (II) $5,000. The adjusted basis of the building (and its structural components) shall be determined as of the beginning of the 1st day of such 24 -month period, or of the holding period of the building, whichever is later. For purposes of the preceding sentence, the determination of the beginning of the holding period shall be made without regard to any reconstruction by the taxpayer in connection with the rehabilitation. Qualified Building In order to qualify for the Commercial Revitalization Deduction, the expenditure must meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building'. Section 14001(b)(1)(A) states that a qualified revitalization building means any building if the building is placed in service by the taxpayer and the original use of the building begins with the taxpayer. (b) QUALIFIED REVITALIZATION BUILDINGS AND EXPENDITURES- For purposes of this section- - (1) QUALIFIED REVITALIZATION BUILDING - The term qualified revitalization building means any building (and its structural components) 5 —341— if -- (A) the building is placed in service by the taxpayer in a renewal community and the original use of the building begins with the taxpayer, or (B) in the case of such building not described in subparagraph (A), such building (i) is substantially rehabilitated (within the meaning of section 47(c)(1)(C)) by the taxpayer, and (ii) is placed in service by the taxpayer after the rehabilitation in a. renewal community. Qualified Expenditure Section 1400I(bX2) states that in order to qualify for the Commercial Revitalization Deduction, the expenditure must meet the tests of being a "Qualified Revitalization Expenditure". There are several tests here with the first being an amount properly capitalized and depreciable under section 168 of the IRC. As well, 1400I(b)(2)(i) requires the property must be non - residential real property or Sec.1250 property. The following code sections establish that the expenditures incurred in the construction of the project are qualified expenditures due to their nature as depreciable real property used in a trade or business. (2) QUALIFIED REVITALIZATION EXPENDITURE - (A) 1N GENERAL - The term `qualified revitalization expenditure' means any amount properly nhargeable to a capital account for property for which depreciation is allowable under section 168 (without regard to this section) and which is -- (i) nonresidential real property (as defined in section 168(e)), or (ii) section 1250 property (as defined in section 1250(c)) which is fimctionally related and subordinate to property described in clause (i). Sec. 168. - Accelerated cost recovery system (a) General rule Except as otherwise provided in this section, the depreciation deduction provided by section 167(a) for any tangible property shall be determined by using — (1) the applicable depreciation method, —342— (2) the applicable recovery period, and (3) the applicable convention. (c) Applicable recovery period For purposes of this section, the applicable recovery period shall be determined in accordance with the following table: In the case of The applicable recovery period is: 3-year property 3 years 5 -year property 5 years 7-year property 7 years 10 -year property 10 years 15 -year property 15 years 20 -year property 20 years Water utility property 25 years Residential rental property 27.5 years Nonresidential real property 39 years. Any railroad grading or tunnel bore 50 years. (B) Nonresidential real property The term "nonresidential real property" means section 1250 property which is not - (i) residential rental property, or (ii) property with a class life of less than 27.5 years. Sec. 1250. - Gain from dispositions of certain depreciable realty (c) Section 1250 property For purposes of this section, the term "section 1250 property" means any real property (other than section 1245 property, as defined in section 1245(a)(3)) which is or has been property of a character subject to the allowance for depreciation provided in section 167. Sec. 167. - Depreciation (a) General rule There shall be allowed as a depreciation deduction a reasonable allowance for the 7 -.343— exhaustion, wear and tear (including a reasonable allowance for obsolescence) - (1) of property used in the trade or business, or (2) of property held for the production of income. Relevance to Allocation Plan As stipulated in Section 1400I(e)(1)(A), the Commercial Revitalization Amount must be allocated pursuant to a qualified allocation plan of the commercial revitalization agency. A qualified allocation plan is described in 1400I(e)(2) as the plan which established the priorities to be considered in the allocation process and the degree in which a project contributes to this allocation plan. (e) RESPONSIBILITIES OF COMMERCIAL REVITALIZATION AGENCIES- (1) PLANS FOR ALLOCATION- Notwithstanding any other provision of this section, the commercial revitalization expenditure amount with respect to any building shall be zero unless — (A) such amount was allocated pursuant to a qualified allocation plan of the commercial revitalization agency which is approved (in accordance with rules similar to the rules of section 147(0(2) (other than subparagraph (B)(ii) there of) by the governmental unit of which such agency is a part, and (B) such agency notifies the chief executive officer (or its equivalent) of the local jurisdiction within which the building is located of such allocation and provides such individual a reasonable opportunity to comment on the allocation. (2) QUALIFIED ALLOCATION PLAN- For purposes of this subsection, the term qualified allocation plan' means any plan — (A) which sets forth selection criteria to be used to determine priorities of the commercial revitalization agency which are appropriate to local conditions, (B) which considers- (i) the degree to which a project contributes to the implementation of a strategic plan that is devised for a renewal community through a citizen participation process, (ii) the amount of any increase in permanent, full -time employment –344– 8 by reason of any project, and (iii) the active involvement of residents and nonprofit groups within the renewal community, and (C) which provides a procedure that the agency (or its agent) will follow in monitoring compliance with this section. Real Estate Contract and Finance Attached as part of the exhibits is a copy of' the warranty deed showing that Nueces Bay WLE, LP owns the subject property. Evidence of sufficient financial resources can be obtained from the City of Corpus Christi, as this requirement has already been met during the "Incentive Agreement" application. Explanation of Good Standing Exhibits As part of the approval process for the CRD, the Office of the Governor requires a variety of certificates of good standing with the state and local authorities, evidence of site control, and evidence of adequate financial resources to construct the project. Included in the exhibits are the following items that serve to prove the good standing, ownership and finances of the applicant: 1. City of Corpus Christi Renewal Community Commercial Revitalization Application Packet 2. Secretary of State (SOS) status of 1) individual 2) tenants and 3) any other entity. 3. Texas Comptroller of Public Accounts - corporate status, Tax ID, sales & use tax status, and franchise tax 4. Account Status from Texas Workforce Commission 5. Property Data Sheet Nueces County Appraisal District 6. Evidence that company is in good standing with the Nueces County Tax Collector 7. Copy of warranty deed 8. Proof of authority to do business in Texas 9 —345— Pietsch Realty Investments, LLC Commercial Revitalization Deduction Renovation of 326 N. Chaparral Street -349- Executive Summary /Company Background/Purpose of Project Pietsch Realty Investments, LLC is pleased to present this application for allocation of the Commercial Revitalization Deduction for calendar year 2008, for the renovation of the property at 326 N. Chaparral Street, Corpus Christi, Texas. The building which has been vacant since a catastrophic fire destroyed much of the interior in late 1990's, is being renovated for a bar /entertainment lease space. The parties involved in this development include the applicant, Pietsch Realty Investments, LLC and WV Chaparral- Lawrence, LLC (the lessee). Pietsch Realty Investments, LLC is owned 50% by Christopher Todd Pietsch and 50% by C. Fredrick Pietsch. WV Chaparral- Lawrence, LLC, a related entity, is owned 80% by Christopher Todd Pietsch, 10% by Lindsay Abel and 10% by Ryan Pietsch, and will be operating a bar /entertainment venue at the site location. A lease agreement between the two parties will be executed upon the opening of the venue in late October of 2008. WV Chaparral- Lawrence, LLC entered into a lease agreement with Gordon Cizon, the previous owner, during 2007. Part of the lease agreement, was a purchase option that was exercised in May of 2008 by Pietsch Realty Investments, LLC. The building, located on the comer of Chaparral Street and Lawrence Street (and includes 324 — 326 N Chaparral Street and 317 Lawrence Street) began renovations in August 2007 and is slated to be completed in the later part of October of this year. The development plans call for renovation of the existing facility to house a bar /entertainment venue. As shown in the development plan, since the costs to improve the property are for the rehabilitation of an existing building that greatly exceeds the cost basis of the building the expenditures meet all tests for project qualification under 14001 of the Internal Revenue Code. Total cost for all real property improvements is $758,000 to date, all of which are qualifying expenditures. This application requests an allocation of $600,000 in the current year 2008, the year in which the building will be placed into service. The total investment for this project will be in excess of $1,300,000 including the cost of the building, improvements, furniture and fixtures. Evidence of the financial resources is presented in the subsequent attachments of this application. Involvement of Residents and Non -profit groups includes identifying residents of the area in order to take advantage of the Renewal Community Employment Tax Credit and also attempt to reach the employment requirements for obtaining the Zero Percent Capital Gains on the ultimate sale of the property. 1 —350— Property Description Legal Description and zoning: The project is located at 326 N. Chaparral Street in Downtown Corpus Christi and a map and legal description of the property is presented below: A- 326 N. Chaparral St. Lot seven (7), Block two (2), Beach Portion, according to the map recorded in volume A, pages 2 -3, map records, Nueces County, Texas, save and except the 9.16' x 99.16' out of the N.W. corner of Lot 7, Block 2, Corpus Christi, Texas 2 —351— Development Plan Pietsch Realty Investments, LLC purchased 326 N. Chaparral Street for $500,000 in May of 2008. The rehabilitation of this building will encompass a full renovation of the first and second floors of the subject building. The renovations will be suited to operating a bar /entertainment venue in Downtown Corpus Christi. The renovations began in August 2007 and have been completed, awaiting inspections for all permits. Major costs of renovations are as follows: Sprinkler System $52,000 HVAC 60,000 Plumbing 54,000 Electrical 72,000 The total cost of renovations to date is $758,000. Other costs of renovations include demolition, wall reinforcement, interior finish -out, and exterior facade updates. Future expansion plans include utilizing the roof top to create a roof top deck experience. This expansion is planned for the first quarter of 2009 and is expected to cost $125,000. The total investment for the project will be in excess of $1,300,000. Application of Section 14001 Aside from meeting the location requirements and being leasehold improvements to real property the project satisfies the Qualified Building and Expenditure requirements as follows: In order to - qualify for the Commercial Revitalization Deduction, the expenditure must meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building ". Section 1400I(b)(1)(B) states that a qualified revitalization building means any building if the building is placed in service by the taxpayer after the rehabilitation and the building is substantially rehabilitated (within the meaning of section 47(c)(1)(C), which reads as follows: (C) Substantially rehabilitated defined (i) In general For purposes of subparagraph (A)(i), a building shall be treated as having been substantially rehabilitated only if the qualified rehabilitation expenditures during the 24 -month period selected by the taxpayer (at the time and in the manner prescribed by regulation) and ending with or within the taxable year exceed the greater of- 3 -352— (I) the adjusted basis of such building (and its structural components), or (II) $5,000. The adjusted basis of the building (and its structural components) shall be determined as of the beginning of the 1st day of such 24 -month period, or of the holding period of the building, whichever is later. For purposes of the preceding sentence, the determination of the beginning of the holding period shall be made without regard to any reconstruction by the taxpayer in connection with the rehabilitation. Qualified Building In order to qualify for the Commercial Revitalization Deduction, the expenditure must meet the tests of Section 1400I(b) defining a "Qualified Revitalization Building'. Section 1400I(b)(1)(A) states that a qualified revitalization building means any building if the building is placed in service by the taxpayer and the original use of the building begins with the taxpayer. (b) QUALIFIED REVITALIZATION BUILDINGS AND EXPENDITURES- For purposes of this section- - (1) QUALIFIED REVITALIZATION BUILDING - The term qualified revitalization building means any building (and its structural components) if -- (A) the building is placed in service by the taxpayer in a renewal community and the original use of the building begins with the taxpayer, or (B) in the case of such building not described in subparagraph (A), such building (i) is substantially rehabilitated (within the meaning of section 47(c)(1)(C)) by the taxpayer, and (ii) is placed in service by the taxpayer after the rehabilitation in a renewal community. Qualified Expenditure Section 1400I(b)(2) states that in order to qualify for the Commercial Revitalization Deduction, the expenditure must meet the tests of being a "Qualified Revitalization Expenditure ". There are several tests here with the first being an amount properly capitalized and depreciable under section 168 of the IRC. As well, 1400I(b)(2)(i) requires the property must be non - residential real property or Sec.1250 Property. 4 —353— The following code sections establish that the expenditures incurred in the construction of the project are qualified expenditures due to their nature as depreciable real property used in a trade or business. (2) QUALIFIED REVITALIZATION EXPENDITURE - (A) IN GENERAL - The teen `qualified revitalization expenditure' means any amount properly chargeable to a capital account for property for which depreciation is allowable under section 168 (without regard to this section) and which is -- (i) nonresidential real property (as defined in section 168(e)), or (ii) section 1250 property (as defined in section 1250(c)) which is functionally related and subordinate to property described in clause (i). Sec. 168. - Accelerated cost recovery system (a) General rule Except as otherwise provided in this section, the depreciation deduction provided by section 167(a) for any tangible property shall be determined by using — (1) the applicable depreciation method, (2) the applicable recovery period, and (3) the applicable convention. (c) Applicable recovery period For purposes of this section, the applicable recovery period shall be determined in accordance with the following table: In the case of: The applicable recovery period is: 3 -year property 3 years 5-year property 5 years 7 -year property 7 years 10 -year property 10 years 15 -year property 15 years 20 -year property 20 years Water utility property 25 years Residential rental property 27.5 years Nonresidential real property 39 years. Any railroad grading or tunnel bore 50 years. —354— (B) Nonresidential real property The term "nonresidential real property" means section 1250 property which is not - (i) residential rental property, or (ii) property with a class life of less than 27.5 years. Sec. 1250. - Gain from dispositions of certain depreciable realty (c) Section 1250 property For purposes of this section, the term "section 1250 property" means any real property (other than section 1245 property, as defined in section 1245(a)(3)) which is or has been property of a character subject to the allowance for depreciation provided in section 167. Sec. 167. - Depreciation (a) General rule There shall be allowed as a depreciation deduction a reasonable allowance for the exhaustion, wear and tear (including a reasonable allowance for obsolescence) - (1) of property used in the trade or business, or (2) of property held for the production of income. Relevance to Allocation Plan As stipulated in Section 1400I(e)(1)(A), the Commercial Revitalization Amount must be allocated pursuant to a qualified allocation plan of the commercial revitalization agency. A qualified allocation plan is described in 1400I(e)(2) as the plan which established the priorities to be considered in the allocation process and the degree in which a project contributes to this allocation plan. (e) RESPONSIBILITIES OF COMMERCIAL REVITALIZATION AGENCIES- (I) PLANS FOR ALLOCATION- Notwithstanding any other provision of this section, the commercial revitalization expenditure amount with respect to any building shall be zero unless— (A) such amount was allocated pursuant to a qualified allocation plan of the commercial revitalization agency which is approved (in accordance with rules similar to the rules of section 147(1)(2) (other than subparagraph 6 -355- (B)(ii) there of) by the governmental unit of which such agency is a part, and (B) such agency notifies the chief executive officer (or its equivalent) of the local jurisdiction within which the building is located of such allocation and provides such individual a reasonable opportunity to comment on the allocation. (2) QUALIFIED ALLOCATION PLAN- For purposes of this subsection, the tern qualified allocation plan' means any plan — (A) which sets forth selection criteria to be used to detennine priorities of the commercial revitalization agency which are appropriate to local conditions, (B) which considers -- (i) the degree to which a project contributes to the implementation of a strategic plan that is devised for a renewal community through a citizen participation process, (ii) the amount of any increase in permanent, full -time employment by reason of any project, and (iii) the active involvement of residents and nonprofit groups within the renewal community, and (C) which provides a procedure that the agency (or its agent) will follow in monitoring compliance with this section. Contribution to the Implementation of a Strategic Plan This application used as a basis for a strategic plan the Comprehensive Plan for the City of Corpus Christi and the South Central Area Development Plan. The Comprehensive Plan and its elements have been prepared by the City of Corpus Christi Planning and Development Department and adopted by the City Council as Ordinance of the City. The elements of the Comprehensive Plan serve as the best existing guide by which to judge the appropriateness of a particular project. Therefore elements of this Comprehensive plan will be used to measure the degree to which a project contributes to the strategic plan for the renewal community. In accordance with Sec. 14001(e)(B)(iii), the elements of the Comprehensive Plan were studied by numerous citizens and community organizations and presented their verbal or written recommendations during public hearing conducted by the Planning Commission and City Council. 7 –356– By Ordinance of the City of Corpus On July 21, 1987, a document entitled City of Corpus Christi Policy Statements: An Element of the Comprehensive Plan which should be used as a guideline for growth and development for the entire City and to be used as a guideline to facilitate Area Development Plans. The comprehensive policy statement set forth the overall guiding philosophy or concept for the rest of the City's comprehensive plan elements. The policy statements enumerate seven specific goals for Corpus Christi and a review of the list shows that the project complies with all of the specific goals in the Comprehensive Plan. 1. MAINTAIN AND IMPROVE THE QUALITY OF LIFE FOR ALL CITIZENS 2. DEVELOP A VITAL AND GROWING ECONOMIC BASE FOR CORPUS CHRISTI 3. MAINTAIN AND IMPROVE THE STABILITY OF EXISTING RESIDENTIAL AND COMMERCIAL AREAS. 4. MAINTAIN AND ENHANCE THE NATURAL AND MAN -MADE ENTITIES OF CORPUS CHRISTI. 5. PROMOTE EQUAL OPPORTUNITY FOR ALL CITIZENS TO PARTICIPATE IN A QUALITY LIVING, WORKING, CULTURAL, AND RECREATIONAL ENVIRONMENT. 6. ENCOURAGE ORDERLY DEVELOPMENT OF NEW RESIDENTIAL, COMMERICAL, AND INDUSTRIAL PROPERTIES TO ACCOMMODATE GROWTH. 7. ENCOURAGE A HIGH LEVEL OF DESIGN IN THE OVERALL DEVELOPMENT OF THE CITY. Active Involvement of Residents and Non -Profit Groups Pietsch Realty Investments, LLC and WV Chaparral- Lawrence, LLC have implemented a strategy to identify residents of the Renewal Community in order to take advantage of the Renewal Community Employment Tax Credit and position the company for Zero Percent Capital Gains in compliance with the requirements for such treatment. Real Estate Contract and Finance Attached as part of the exhibits is a copy of the warranty deed showing that Pietsch Realty Investments, LLC owns the property and evidence of sufficient financial resources is evidenced by the closing document and deed of trust showing the amounts loaned by First Victoria National Bank. 8 —357— Explanation of Good Standing Exhibits As part of the approval process for the CRD, the Office of the Governor requires a variety of certificates of good standing with the state and local authorities, evidence of site control, and evidence of adequate financial resources to construct the project. Included in the exhibits are the following items that serve to prove the good standing, ownership and finances of the applicant: 1. City of Corpus Christi Renewal Community Commercial Revitalization Application Packet 2. Secretary of State (SOS) status of 1) individual 2) tenants and 3) any other entity. Business Organization Inquiry Texas Secretary of State Domestic Corporation in existence 3. Texas Comptroller of Public Accounts - corporate status, Tax ID, sales & use tax status, and franchsie tax 4. Account Status from Texas Workforce Commission 5. Property Data Sheet Nueces County Appraisal District 6. Evidence that company is in good standing with the Nueces County Tax Collector 7. Letter of commitment from a lending institution stating that you qualify for a loan in the amount necessary to construct or rehabilitate the project and/or evidence that you have the funds available to complete construction or rehabilitation of the project. 8. Real estate contract demonstrating that you are acquiring the property, evidence that you own the property or land lease agreement. 9. Copy of warranty deed 10. Proof of authority to do business in Texas 9 —358— Page 1 of 3 RESOLUTION NOMINATING PROJECTS TO THE OFFICE OF THE GOVERNOR FOR RENEWAL COMMUNITY COMMERCIAL REVITALIZATION DEDUCTIONS WHEREAS, the Department of Housing and Urban Development designated the City of Corpus Christi's Census Tracts 1, 3, 4, 5, 7, 10, 11, 13, 35, and 50 as a "Renewal Community" eligible to share in tax incentives to stimulate job growth and promote economic development; WHEREAS, the Renewal Community designation provides federal tax incentives to businesses located in the Renewal Community; WHEREAS, each Renewal Community may allocate $12 million of Commercial Revitalization Deductions per year and up to $10 million per project for substantially rehabilitated or newly construction buildings in the Renewal Community; WHEREAS, a business can deduct 50 percent of the building in the first year the building is placed in service or deduct the full amount of eligible expenditures pro rata over 10 years; WHEREAS, each Renewal Community may make the following types of allocations of the Commercial Revitalization expenditure amounts — an allocation in the calendar year in which a qualified revitalization building is placed in service; a binding commitment to make an allocation of a specified dollar amount to a qualified revitalization building in the calendar year in which the building is placed in service; and a carryover allocation; WHEREAS, each Renewal Community must submit to the Office of the Governor a plan for awarding its $12 million in Commercial Revitalization Deductions ( "Allocation Plan "); WHEREAS, on December 19, 2006, the City Council adopted its Allocation Plan, titled "City of Corpus Christi Commercial Revitalization Local Strategic Plan for the City's Renewal Community Commercial Revitalization Deduction Allocation Program" ( "Local Strategic Plan ") to submit to the Office of the Governor; and WHEREAS, under its Local Strategic Plan, the City published notice of the Commercial Revitalization Deduction application process, received applications, and reviewed applications for compliance with the Local Strategic Plan; WHEREAS, the City desires to nominate three (3) projects for allotments totaling $5,150,000 for 2008 to complete the allocation for the current year; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, C:\Documents and Settings \jayr \My Documents\JayR\Economic Development \Res•NominateList- CCRCCRD 10142008.DOC —367— Page 2of3 SECTION 1. The following project is approved by the City of Corpus Christi and nominated for approval by the Office of the Governor to certify the following allocation of the Commercial Revitalization Deductions totaling $5,150,000: 1. Pietsch Realty Investments, LLC, to receive an allocation for $600,000 from the 2008 Commercial Revitalization Deduction for a building located at 326 N. Chaparral. 8 - 10 jobs will be created. 2. UBP Properties, LLC, to receive an allocation for $1,500,000 from the 2008 Commercial Revitalization Deduction for a building located at 807 N. Upper Broadway. 1 - 2 jobs will be created. 3. Nueces Bay WLE, LP, to receive a binding commitment for an allocation of $2,100,000 from the 2009 Commercial Revitalization Deduction for a building located at 2002 E. Navigation Boulevard, subject to the following upon approval by the City Council in 2009: a. Project will be placed in service by December 31, 2009 b. Funding is secured c. Land /property acquisition is complete or under lease d. Full -time jobs are created or retained. SECTION 2. The City Manager, or designee, is authorized to execute a certification to the Office of the Governor that the City of Corpus Christi has followed the procedure in its Allocation Plan, to the best of his or her knowledge, and the application approved in this Resolution is complete and meets the requirements of the commercial revitalization deduction program. ATTEST: Armando Chapa City Secretary Approved: October 14, 2008 R. Qinin First Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor C: \Documents and Settings \jayAMy DocumentsWayR\Economic Development \Res- NominateList- CCRCCRD 10142008.DOC —368— 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 Page 3 of 3 C: \Documents and Settings \jayAMy DocumentsWayR\Economic Development\Res- NominateList - CCRCCRD 10142008.DOC —369— 24 AGENDA MEMORANDUM City Council Action Date: October 21, 2008 SUBJECT: Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive (Project No. 6278) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with H &G Contractors of Corpus Christi, Texas, in the amount of $2,919,681.16 for the Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Hornet Drive for the Total Base Bid and Additive Altemate No. 1. ISSUE: This project, part of the Bond 2004 street projects, involves elevating, reconstructing and widening Laguna Shores Road between Graham Road and Hustlin' Hornet Drive to alleviate frequent inundation during high tides that disrupts traffic flow. The existing bridge structure over the channel will be demolished and reconstructed, and approximately 5,700 linear feet of the roadway will be demolished and reconstructed. A permit is required from the U.S. Army Corps of Engineers for mitigation of the impact on wetlands. The project has bid and Council approval is required for construction to begin. FUNDING: Funding for this project will come from the Capital Improvement Budget FY 2008. RECOMMENDATION: Staff recommends approval of the motion as presented. 3A:g evin R. Stowers Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A-1" Prior Actions Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H: \HOME\VelmaP\GEMSTREET\6278 LAGUNA SHORES \CONSTRUCTIONVpe3Mrmtloc BACKGROUND INFORMATION SUBJECT: Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Homet Drive (Project No. 6278) PROJECT DESCRIPTION: The project involves elevating, reconstructing and widening Laguna Shores Road between Graham Road and Hustlin' Hornet Drive to alleviate frequent inundation during high tides that disrupts traffic flow. It consists of a base bid with Parts A and B and Additive Alternate No. 1. > Base Bid, Part A— Bridge Construction: Consists of demolishing the existing bridge structure over the channel; excavating approximately 805 CY for channel widening; and installing a new box beam bridge structure and a new metal beam guard rail. It also involves water and wastewater improvements at the channel crossing; specifically, replacing approximately 140 LF each of 12" waterline, 16" force main, and 10" force main as well as installing new air release valves at the channel crossing. ➢ Base Bid, Part B — Street Construction: Consists of demolishing, reconstructing and widening approximately 5,700 LF of a two -lane 12 -foot roadway; installing approximately 5,050 SY of articulated concrete matting; installing approximately 5,125 SY of erosion control matting; reconstructing new driveways with 18" RCP culverts and safety end treatments; installing new sign structures along the roadway; and new pavement striping and traffic buttons. Additive Alternate No. 1: Consists of various street improvements contingency items, such as removing the existing HMAC pavement, select fill for the embankment, and other items. The project requires a U. S. Army Corps of Engineers Wetlands Mitigation Permit, which the City is awaiting. The U. S. Army Corps of Engineers Galveston Office has been affected by the impact of Hurricane Ike, and is currently behind in their processing of permits. The bid items have provisions that would allow for an extension of time for project start. BID INFORMATION: The City received proposals from six bidders on September 24, 2008 (see Exhibit "B" Bid Tabulation). The estimated construction cost is: Base Bid - $2,195,453; Additive Alternate No. 1- $309,385. The bids for Total Base Bid only (Part A and Part B) ranged from $2,619,043.95 to $3,798,275.42. The bids for Total Base Bid plus Additive Altemate No. 1 ranged from $2,919,681.16 to $4,187,146.92. According to the special provisions specifications for this project, the method of award is as follows: 1. Total Base Bid (Part A + Part B), or 2. Total Base Bid + Additive Alternate No. 1 —374— �.. �... _. ��....... �� .nn.r..i.r.r�.�•nr�nnmmnn,acroi rnrin,.nannr.Ae"ar4nrni m ei rinr EXHIBIT "A" Page 1 of 2 Although two of the contractors submitted lower bids on Part B (street construction), the method of award dictates that the total base bid shall consist of Part A (bridge construction) and Part B (street construction) combined. Therefore, the City's consultant, RVE, Inc., and City staff recommend that the construction contract be awarded to H &G Contractors in the amount of $2,919,681.16 for the Total Base Bid (Part A and Part B) plus Additive Alternate No. 1. CONTRACT TERMS: The contract specifies that the working time for the completion of the project will be 120 calendar days for Base Bid Part A (bridge construction) and 360 calendar days for Base Bid Part B (street construction), and that Part A will be constructed concurrently with Part B. Completion is anticipated in November 2009. PROJECT BACKGROUND: This project is part of the Bond Issue 2004 projects, which were approved by voters on November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community. The Bond Issue 2004 package included $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The projects targeted the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. —375— H \HOMP\VeIntnPV,PMSTREE1169711 1 AQI INA SHORES\CONSTRUCTIOMAnanda Ba&nmvnd.doc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Laguna Shores Road Rehabilitation — Graham Road to Hustlin' Homet Drive (Project No. 6278) 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 residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 3. May 31, 2005 - Ordinance appropriating $423,980 from the unappropriated miscellaneous revenues from Water CIP Fund 4080; and appropriating and approving the transfer of $423,980 from Water CIP Fund 4080 into Street CIP Fund 3530 for the Laguna Shores Street Improvement Project; amending capital budget adopted by Ordinance No. 026188 by increasing appropriations by $847,960. (Ordinance 026285) 4. May 31, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with RVE, Inc. in the amount of $423,980 for Laguna Shores Road - Graham Road to Hustlin' Hornet. (BOND ISSUE 2004) (Motion No. 2005 -175) 5. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) 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. August 2, 2005 — Administrative approval of a geotech testing agreement with Rock Engineering and Testing Laboratory Inc. in the amount of $16,630 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 5. May 1, 2007 — Administrative approval of Amendment No. 1 to the Contract for Professional Services with RVE, Inc. in the amount of $24,770 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 6. February 5, 2008 — Administrative approval of Amendment No. 2 to the Contract for Professional Services with RVE, Inc. in the amount of $0 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 7. July 23, 2008 — Administrative approval of Amendment No. 3 to the Contract for Professional Services with RVE, Inc. in the amount of $43,380 for a restated fee of $492,130 for Laguna Shores Road - Graham Road to Hustlin' Hornet. 8. July 24, 2008 - Administrative approval of a construction testing agreement with Rock Engineering and Testing Laboratory Inc. in the amount of $5,430 for Laguna Shores Road - Graham Road to Hustlin' Hornet. —376— ..., ,.,...... An. MA cunooe,rnunrm InTleINIPrire Animc fine EXHIBIT "A -1" Page 1 of 1 mum ea; no. c 3 J09,365.00 1 Salinas Technologies. I Garrett Construction Co. SLC Construction, L.P. 1 TO3734 FM nstr Construction 3734 F 3008 P.O. Box 1028 P.O. Box 830 Pleasanton, TX 78084 Ingleside, TX 763112 Conroe, TX 77305 aU{ 0 ju QaP nr`` WF> = m ;, 6'? m ry i F t 'y ta ;! 8 g 8 a w 5 75000 1 8 g E 45,000.00 17=00710 8 g » 8 R w $ 26,672.251 8 w I $ 177,00.91 7 8 8 I w 8 ., 8 8 w 8 a .» 8 8 a = 8 P° _ 8 8 8 w 8 w 8 8 w 8 8 8 8 ^ $ 52,500.00 5 30.00 8 » S 825 E 442,50 1$ 442.50 8 » 8 » E 6450 E 1,125.00 2, « E 390,00 f 27,00 8 .- « 8ry w 8 8 I$ 7.501 8 « 8 « 8 » - w 8 m w 8 w 8 s. m 8 m R 8 ^ _ R w 8 g a w 8 R a » 15,061.83 $ 29.596,07 . m_ » 8 8 8 8 m -_ w w 5 w a m , 8 8 8 8 a . » 8 e 5 53,033.75 a $ 24,025.001 S 8 m °« §§ » 8 dm _ 8 a .. - w n m $ - 3 « a - - » w ° $ « 8 w m 8 _ 8 8 8 A $ 8 S 8 m w a, w rz° 8 o 8 8 2' » » 8 w 8 8 8 8 m C w 8 8 e a° R » 8 « S V^ w ° a « m « $ 3.919.50 23.520,40 m « m $ 24,00765 8 8 8 m a r ° $ 30.300.00 E 10.20 $ 22.50 $ 13.23' E 17540 ° m 8« . m - 8w m 8 8 8 $ 10557 UNIT I TOTAL PRICE I PRICE 8 » 8 S m 8 8 a _ « $ w a w E 29,000.00 $ 2,310.00 $ 14.490 00 a 8 g 8 w 8 w 8 m : E 1747.20 f 8,346.00 » 8 8 m w « 8 « I E 20.104.00 S m co 8 ° w 8° S 8 8 _ w w 8 g 8 g w 8 8 a 8 8 8 8- w 8 w $ 29,000.00 E 7.00 E 16,00 8 w I$ 170.00 E 141,00 $ 780.00 ° 8 0 » 8 w 8 8 a 8 w o 8 w E 175,00 6 264.00 8 w 8 w 8 w $ 34500 PSG Contractors, Inc. Bay Ltd. P.O. Box 10708 P.O. Box 9908 Corpus Christ, TX 78460 Corpus Ohdsti, TX 78469 .`•,§ fa. 'd E 40.000.001 8 w 8 E 5,000.001 a 2 8 § a _ - 8 § r m 8 8 $ 6 5,55305 E 25,120.00 8 8 " m 8 m 8 8 a 'RI m S n 8 S S a $ 4.460.00 I 8 w 8 m 8 m a »» 8 E a 8 8 8 8 a 8 8 8 8 o a 5 w ° 8 8 8 m m w 8 r 8 8 8 m S 8 8 8 8 8 8 m e 8 8 m 8 8 -- w 8 8 8 - E 35,000.00 6 17,650,00 E 100.00 8 w 8 m 8 m $ 38,400.00 S 3,102.00 6 20,125.00 E 50.919.75 $ 60,000.00 8 8 8 8 8 8 S m 8 .m 8 8 m 8 8 $ _ f 6,150.00 $ 49,000.00 6 2,625.00 8 m 8 8 m 8 m 2 m S p w 8 w 8 8 8 m w 8 8 w w $ S 8 a 8 w w w w 8 LAGUNA SHORES ROAD REHABILITATION GRAHAM RCA' TO HUSTLIN' HORNET DRIVE PROJECT NO, 827E REM OTY UNIT DESCRIPTION m5 8 `� S. 2. E _. 5. FYY. mo 3 5y mSy� $ � _F €T€4 %gg3ihei 1,Miillffl E FB °8 E5 p[gb I '�£s c SEw66r e = §�J Ee g , na ,$ d 2 it! Heinove urines structure In accordance with the specifications (complete M plate, per Lump Sum) Remove Guard Rafts In accordance with the specification, (cornp1ete In place, per Linear PWD Excavation • Widen Gunnel M accordance with the apeclflatbns, (compete In place, per Cubic Yard) 5" Concrete Deck Slab In accordance WM specifications, (complete N place, per Square Foot) Prestressed Concrete Box Beam (Type 4820) In accordance with the epWMcaM1aM, complete In place per Linear Foot) Prestressed Concrete Box Beam (Type 5520) In accordance with the apecfkalba, complete in place per Linear Pont) A or aim im at AB mein In atamance with the specifications, (Compare b pita, per Linear Foot) Concrete Abutment (Type 020 Beam) (CL C) M accordance win the apedficellons. (00074949 In place, per Cubic Yard) S cEFE °�T CY Sd e8 8p8p EgW8S �°y1 $8. a_ u U _¢ -u EE E n8 aria 59 m8 $ g. Preslre55at l00QMe PING (le in s4) In accordance with me I Ispecifotbns, (compete N place. per Linear Foot) ElesSomeric 5arlry ((620-N) In accordance wNh the ;specifications, (complete In place, per Each) Class II Condee Surface Treatment In accordance with the spedflralba. (Compete In pace, per Square Yard) cE 3to c8 88 �.7?°E S S YE Remove 12' Walellpe et Channel Cmashp In accordance with specIIalbns, (ampNle In place. per Linear Fool) 12' PVC Waterline Under Channel In accordance with the Specifications. (complete N pace. per Linear Foot) Trench Sally In accordance with the sacllations, (complete and In pace. per Linear F000 Nemave 10' Pome Main at Channel Crossing In accordance with the specifications, (complete In place. per Linear Fool) Remove 16" Forte Main at Channel Crossing in accordance with the speclflcalbns, (complete In place, per Linear P000 I10" PVC Forte Main Under Channel In accordance with the speclfl0lbns, (complete b place, per Linear Fool) a m w 8 • E .a U m u f tj {j U .+ ui « u u u u E E u ,..E; m E m ffi m S S a F, _ m - _ - m _ -- z- 8 a a a a '� a a `d' a 2 `� i i '1' a ^� a z g a a 2 a° I e unit price shall govern led here are the Unit Price x Oly. Section B -2 -7 u 8 8 FXHIR T ' B" W coN a x O U LL` z f z Q 2 re 0W f z Z W O 2 W f a 0 5LC Cousin=Uon, L.P. P.O. Box 839 Conroe, TX 77305 TOTAL PRICE 8 8 8 n 8 r; 8 $ 213750 8 n 8 8 8 8-,�. _ w ?f 55 8 1 52,500,001 8 N 8 g 8 6 8 8 « w 8 m A n w $ 40275.001 1 78,120001 8 3 ci « $ 347.14 10 8 g= a I $ 2,520.00 I t, 8 8 ° 8 8 g 8 8 g 8 g ! 8 g w° $ 52500.00 8 n 8 » 8 8 8 8 x 8 8 8 » 8 8 w « Garret Construction Co. P.G. Box 1028 Ingleside, TX 76362 TOTAL PRICE g ww 8 m $ 91.25 14,0 8 vi m ` w $ 3,320251 8 m wnw 8 S s 0. ».1 -! 1 'i�' xww S w° 8 8 w 8 °` ww 88 X m 8 94 ^ ww» _ gw I $ 32.220.001 8 ^ wx 8 s 8 w a » $ 15,774.45 p 8 n w 8 n^ w 8 x ¢ w I$ 2.072.00 UNIT PRICE 8 r5 8 N e 4 8 1 6 ` m, m »« 8 S S $ 50,009.40 8 8 $ 8,433.75 « g 8 n 8 S 8 ' 8 o 8 g 8 _ w 8 . - w Salinas Construction Taetnologles, Ltd 3734 FM 3008 Pleasanton. TX 76064 TOTAL PRICE « ° 8 » - 8 x 8 w $ 18,543.42 $ 31.785.051 s « F. ','F g m ww x « « N s « $ 24.712.601 8 » 8 d » 8 g§ w 8 » 8 » 8 x 8» w « 8« » 1$ 406.727. x « F V '" n» 8 g w w w m w m x $ 18,543.421 8 « vp Q 8 » 8 w $ 4.39274 1 8 w w 8" w 8 w w 8 « ^ w 8 w 8 n w I$ 25.65 ^ w $ w S' ° w $ w 8' x e, w Haas- Anderson Construction, Ltd. P.O. Box 7602 Corpus Christi. TX 76487 5 2 n • 8 2 8 8 8 8 8 2 » , ow $ 8.000.001 8 g 8 8 8 or w 8 8 8 8 s 8 on 8 o w 8 15 239.935 00 5 21.89200' $ 373,700.00 $ 48,125.00 8 w UNIT PRICE 8 8 » 8 m 8 8 8 8 8 ` 8 8 8 « 8 8. 8q� W. . 8 8 8 8 8 8 8 Q 8 8 8 8 w ° 8 8 n $ 24.00 8 L. _« 8 8 1$ 74.00 8 8 8 Bay Ltd. P,0. Box 6906 Corpus Christi, TX 70489 TOTAL PRICE $ 15,500.00 y6 § w w 8 w 0° 4 w $ 25,000.001 q° E .. w w. n nr::. 8 qq S w 8 g w 8 « pp S w Qp S w 8 qq & w 8 g w 8 u w 8 6 x 8 8 w a 8 x 8 w x w 8 » w ° x 8 w G V = 6 8q q T x 8 n w 8 8 w 8 w 8 w 8 8 x 8 $ w (F� 8y y S 8 8.Q S x n w 88 p E w 8 o in 8 w 8 w 8 I° 8 w in ° on 8 » n w 8 n w 8 w w w 8 w 8 w 8 w 8 w P&G Contractors, Inc. P.O. Box 10706 Corpus Christi, TX 78460 TOTAL PRICE 8 • 8 g 8 w 8 a » $ 2,982.501 8 n « 8 w w 100009'9 5 x 3 -_ 8. » 8 f; w 8 8 » 8 g n_ x 8 w 8 8 w $ 32,205.251 8 » 8 _ x 15 35.442.00 $ 186485.00-1 8 x 5 436,170.00 w 8 s x n x 15 39061750 54,837 50 $ 1,782 .00 w 8 . w 8 x 8 . x x m 8 w w 8 8 m is N -' -5 6. � .da 8 8 w 8 8 m on 8 S w 8 8 is a S w n is w w n o ^ w n w n x w w n w $ w LAGUNA SHORES 130A13 REHABILITATION GRAHAM ROAD TO HUSTLIM HORNET DRIVE PROJECT N0. 6276 ° g V w m 8 E 8^1 ug1 ; €zF a° 4gg gg 5$ 11 8 a by Air Release Valve ArisenNy -16' Force Main In accordance MI5 the specifications, (complete M place, per Each) 5 €S ga 8 Be s Trench Safely In actNeace with the specifications, (complete and M place. pet Linear Foot) Connect to Existing 10' Force Main M accordance wOh the specifications. (meipMe hi Mace, per Lump 511) Conned to ExIsthp 18' Fdree Maln M accordance with the spedhutbns, (compete M place. per Lump Sum) kRT A: , A2.1412.15, A3.1 #32 664.1- .44.10) T Egg 88 "g Temporary Tnmc Control M accordance with the specifications, (complete In place. per 1-011P Sum) O2pne AddMory Day M accordance with the specifications. (complete In pleat, Per Day) Storm Water PolIMbn Prevention Plan and ImplemeMalbn In accordance with the specifications, (cemplele and In place per Lump Sum)_ s` YE §_ S RR J 11 L-! I 'Allowance tor ConsinttIoq Start Exlensbn In accordance with Specie, Provisions A-58, b 14 day Inmmmds as needed > F° 18 u fF p8 ag 'Remove Existing Roadway Sign In accordance with the specifications. (complete In place, per Each) Remove Existing Driveways Si accordance with the sledlkatbna, template M place, per Sgaure Foot) 1' Orange Constmdbn Barter Fence In accordance with the spedfPatient. ( compete Si place. per Linear Foot) Select FM Embankment M accordance Atli the specifications. (compete M place, per Cud* Yam) Geogtq EX 1103 M accordance wan the specifications. (compete M place. per Square Yam) 114' Type A Grade 1 Base (Flexible Bose- High Strength) in accordance wi l the specifications. (complete M place, per Square Yard) s 2 8k ss °noc 8 Sq F. E° @g °1 a loriveway Reconstruction In accordance with the specifications, (compete b place. per Square Foot) AttlMMed Concrete Block Matting M accordance with the spedflcatbm, ( omplete In place, per Square vast) e_cd P,li c^ tm�o rip 31ae& !1iiA o "u „a P V W J W J J 2 5 w J N N N N o . . g g _ i 7k c V ; _ _ n _ _ m = _ _ o _ 8 n 8 n 8 r n R 8 n g Q C Q $ Z Q Z Q Q m m m grit CO m m EXHIBIT "B” ich did not affect with bold borders Indicate a ) o. re o o \( EE CO la z u. LAJ o. ro \ g. gOI 0 -} SLC Construction, L.P. P.O. Box 630 Conroe. TX 77305 ,.\ S 281.251 .8 8 .[8/888 (f§}\: Grade Adjustment for 12' Waterline Valve Riser In acrnrdance 66.1 6 EA $ 45000 $ 2700.00 E 1200.00 E 7,200,00 $ 700.00 $ 4.200.00 $ 825.41 $ 4,952.48 $ 741.00 $ 4,448.00 $ 750.00 E 4,50000 with the specifications. (nmprate M place. per Each) !. 8 \� la \ § \) § /( /} 163 Morn Water Improvements - - (§\/\4 \/` le on §2 $ 8.974.50 $ 228 .75 ! .. aaa S 1 :888 ;... !)f " "a E 2.01000 28.16220 2§: , E 2,105,819.80 UNIT PRICE \!( . "98\\88 888)8\ .4. / , E 724.80 •onstmctlon 109188, Ltd FM 3006 T% 76064 TOTAL PRICE ; ■ »§ 5 008.40 $ 10,30050 88 5! 8888 ! | /B!! „ \\ S 2,020,698.83 4-6.6. .(8!!; ...� || nderson Mon, Ltd. on 7692 MI. TX 78467 TOTAL PRICE E 8,597.50 $ 217 50 $ 748.001 �(� \\/\ § §) 17-2.7) .00 3 42,262.00 §§\\ \(/ .- 0 0 \ ] ; § \8 8 Bay Ltd. P.O. Box 0906 Corpus Christi, T %78466 TOTAL PRICE E 782.60 $ 16.000.00 S 29,920.001 E 27954001 $ 2,400.00 f 4,800.00 ;5- '',1 (}i6 8 ?888'4 \\ HMG Contractors. Inc. P.O. Box 10706 Corpus Christi, T %78460 TOTAL PRICE E 6,032.00 S 195.00 E 812.70 5 12,180.00 \" E 24.422201 E 16.208.001 5 3,287.00 $ 27,332.801 E 900.00 E 1,800.00 ii6- \ \! \)( ''' 5 45000 S 450.00 LAGUNA SHORES ROAD REHABILITATION GRAHAM ROAD TO HUSTLIN HORNET DRIVE PROJECT NO. 8273 DESCRIPTION Retective Pavement Markings TY. 1 (W) (41 OSLO) (100 mil) In at:conlancewt the specXkalMB, (complete In place, per Square Foot) Reflective Pavement Markings TY. 1 (W) (8') (SLO) (100 Coll) In accordance with Be specifications. (complete In place, per Square FOOL) Reflective Pavement Markings TY. 1 (W) (24 ") (SLD) (100 mil) In accordance with the specifications, (complete In place, per Square Foot) RvBMNe Pavement Markings 71,1 (Y) O-) (ORN) ON MIL) In accordance with the specifications. (complete In place, per Square Foot) 6616dM Pavement mantraps 11011800r TY.II'A'A In secmdance with the sped8Cations, (Complete In place, per Each) Metal Beam Guard Rail In accordance with the specifications. (complete In pleas, per Linear Fool) 501F Standard Guardrail Terminal (SGT) In accordance with the specifications. (complete In place, per Each) Guard RY End TrealnM8 M somMenc9 with the spad8nlbne, (Comdata m place, per Eadl) New Roadway 519171/18=011181100 w8h the specifications. (complete In plan, per Eadl) Roadway/Right-of-way excavation (complete M place, per Cubic Yard) Remove Drainage Culverts In accordance with the specifications, (nmplele in place, per Linear Foot) RC Pipe (CL 111) (18') . Driveways In acordance with the specifications, (complete in don. per Linear FOOL) Sale End TN. (TY II) RC Pipe (18') (6:1) In accordance col@ the specifications, (complete M place. per Each) RC Plpe (CL 111) (241 Cross Drainage Si accordance with the spedfcatMS, (00mpleie in place, per Linear Foot) Sale End Td. (TY It) RC Pipe (24') (311) In accordance with the apedlcal)one, (complete In place, per Each) Re -Grade Ditch M accordance with the specification. (complete In place, per Linear Foot) wane Aafustmen1 Mr 10' Force Main Verve RISer In accordance with the spedtnliom, (complete In Mace. per Each) Grade Ad(uslmem for 16' Force Main Valve Riser In attddance with the specifications. (nmPlele In place. per Each) TOTAL BASE BID PART B: (BId Items 81.181.6, 82.1412.23, 83.1 -82.8, 64.1 6135.143E2) ... . 88..88. . . v, .,,:,._!, | , =. r.., . \§� • , . , -.r! |;_88 8888 2 .. ;| 2 | :8 i ! SLC Construction, L.P. P.O. Box 639 Conroe. TX 77305 UNIT TOTAL I I PRICE I E PRICE PRICE PRICE PRICE N $ 25,312.50 .213,75.1 10 8 g 8 g N 8 $ 2,038.25I 8 » m x 8 H x 8 8 8 « 1 5 15.000.00 1 N $ 3.458,483.09 $ 4187.146921 e » 8 N 8 « 8 x 8 m » 8 _ « n N n « N » » _ « m N 8 m N 8 8 » 1$ 7.50 8 a » 8 :y ^ » A8tt E N I.8 ; .: n x w R8R 3 N qq8 3 8 » 5 1,511.251 8 8 ' w _ x 8 r w 8 » 8 n N 8 `7^ N 1$ 8.01280 1$ 10,360.00 $8, - » x Gantt Construction Co. P.O. Box 1028 Ingleside, TX 78362 8 n 8 m N a w N n w « 8 w 8 « 8 n x 8 n w 8 N m w 1$ 40.70 8 N n x 8 § N N $ 2868,46761 a. c. — 8 m 8 n 8 $ 147,872,261 $ 4,348.90 ° ffi N 8 ' » 8 N $ 277.201 N 8 w 8 8 4 8 « 8 Salinas Construction Technologies. Ltd 3734 FM 3006 Pleasanton. 7%75064 8 - w 8 R 8 8 n N 4 « _ _ _ 8 8 m N m 8 4 S 8 m n 8 `8 n w 8 « « x e w 8 N 8 g x 8 w w w 8 m N 8 g w 8 x 8 N 8 « 8 N 8 x $ 2.957.605.40 E 2993,921,43 Haas-Anderson Construction, Ltd. P.O. Box 7692 Corpus ChdeB, TX 78467 UNIT 1 TOTAL PRICE PRICE ^ w n w 8 N $ 22,501 $ m N » 2.20 R x m » . x w ffi a 1 $ 4.00 a S.. .12,602.00 1 8 N 8 « M5 55,020.001 IS 1 ,706.25 $ 100]5 « 8 8 15 6,212.501 8 1 5 23,40.00 8 w Bay Ltd. P.O. Box 9909 Corpus Christi, TX 76469 UNIT TOTAL I UNIT I TOTAL PRICE PRICE 1 PRICE PRICE 3,p jWS'^4",- i•nz —.� T ' " }°3°aPy' 8 « 8 n 8 n n N x x 8 __ 8 x 8 8 o 8 0 8 iii 8 8 $ 3 ,728.751 8 6 8 8 m $ 283.501 8 vi 8 $ 8 8 HAG Contractors, Inc. P.O. Box 10706 Corpus Chdell, TX 70460 TOTAL BASE BID (Part A • Part B): TOTAL BASE 610 ELUS ADDITIVE ALTERNATE NO. 1: w w m N n 8_ « w « 8 an m m v. . x 8 w 8 w Remove Exb1td HMAC Pavement M =Pardente with the epe_dllatbns, (complete M pbce, per Snare Yard) 8 2 v e 1 Epnq !ill YpE F !ilk 98v W$_s Lx5 ea N8 N... 1 i 2 $ gg q y W.� 14' Type A Grade 1 Base (Flexible Base - Koh Strength) in acv odsnce with the spedflaB0ns, (complete in place. per Square Yard) Pdme Coat in accordance with the spedflatbns. (complete in place. per Gallon) 1 '€ 6' 8. rug 8$ f— kliiG;iiiw HJll:� E og -- y S ay[eo°g$ GgIRK E- 81 -F °a �s 11 o fR Reflective Pavement MaMrgs TV. 1 (W) (6') (SID) DOD m00 In accordance wit the sp tfatbm. (complete In place. per Spare Foot) m F :a Zs L Ee .bY a$$ j$p�E8: K i )Reflective Pavement Markings Reflector TY.II -A -A M 1 accordance with Me specification, (complete In place, per Each) fi 8 = i 2s -o $a i ¢m It E O8 RC Pipe (CL In) (1C)- omewsays in accordance with the specifications. (complete M place. per Linear Fpm) g m Q n8 yy o"� 0£B 8 -2 We w1 1Re -Grade Ditch M secordance with the specification, (complete in place. per Linear Foot) j E E $0 6 18 <% F UL EE 28 LAGUNA SHORES ROAD REHABILITATION GRAHAM ROAD TO HUSTLIN' HORNET DRIVE PROJECT NO. 6278 F E s a O Y W U N N U Q N N N N N W N W -� 2 w 7 w ^ N 8 m m g 1 1 1 1 1 1 1 9 1 1 1 1 1 1 1 1 ce x Oly. Sedion B -2 -7 states. 'The unit price shall govern over the amou 8 2 EXHIBIT "B" LAGUNA SHORES ROAD GRAHAM ROAD TO HUSTLIN' HORNET (PROJECT NO. 6278) PROJECT BUDGET October 21, 2008 FUNDS AVAILABLE ESTIMATED BUDGET Street CIP $3,411,644.48 Water CIP 75,814.32 Wastewater CIP 200,907.95 Storm Water CIP 102,349.34 Construction Management (AGCM Inc.) 15,084.00 Total $ 3,790,716.09 FUNDS REQUIRED Construction Cost (H &G Contractors) $ 2,919,681.16 Construction Contingencies 291,968.12 A/E Consultants (RVE Inc.) 492,130.00 Testing Services (Rock Engineering & Testing Lab) 22,060.00 Construction Management (AGCM Inc.) 15,084.00 Engineerinq Reimbursements 16,290.00 Finance Reimbursements 29,196.81 Incidental Expenses (Printing, Advertising, etc.) 4,306.00 Total $ 3,790,716.09 -381- EXHIBIT "0" Page 1 of 1 \Mproject \councilexhibits \exh6278b. d wg CORPUS CHRISTI BAY N PROJECT No. 6278 [PROJECT LOCATION LOCATION MAP NOT 70 SCALE EXHIBIT 'D' LAGUNA SHORES ROAD REHABILITATION - GRAHAM ROAD TO HUSTLIN' HORNET DRIVE —QA9_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10/10/2008 Oa - all a al w•■••• 25 AGENDA MEMORANDUM DATE: October21, 2008 SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) (BOND ISSUE 2004) ADVANCE FUNDING AGREEMENT AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $1,683,570 for the North Port Avenue from IH 37 to US 181. (BOND ISSUE 2004) ISSUE: The State of Texas, acting through the Texas Department of Transportation, has agreed to enter in an Advance Funding Agreement with the City of Corpus Christi for the North Port Avenue from IH 37 to US 181. The City's participation is to provide the right -of- way required, and any utility adjustments and /or relocation costs. The City's participation also consists of construction responsibilities, including advertise for construction bids, issue bid proposals, receive and tabulate the bids, and construction contract award. The City will administer the contracts throughout the construction phase of the project. FUNDING: Funding is available from the FY 2008 -2009 Street Capital Improvement Program Budget. RECOMMENDATION: Staff recommends approval of the Resolution as presented. Kevin Stowers, Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Advance Funding Agreement Exhibit "C" Location Map H:\ USERS2U4OME \VELMAP \GEN \TXDOTNORTH PORT AVENUE AGENDA ben 55 BACKGROUND INFORMATION SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) (BOND ISSUE 2004) ADVANCE FUNDING AGREEMENT ADVANCED FUNDING AGREEMENT: The City's participation is 20% of the cost of the improvements and 80% will be paid for with federal funds. The total estimated cost of the proposed Project is $8,017,000. It is understood that the proposed improvements will be done by the City of Corpus Christi. The City of Corpus Christi will transmit to the State with the return of the Advance Funding Agreement, a warrant or check in the amount of $80,170 made payable to the "Texas Department of Transportation" for the City's share of the State's costs of review and oversight for the Project. This is a construction estimate only; final participation amounts will be based on actual charges to the Project. The Texas Department of Transportation anticipates letting the proposed project in February 2009. The construction responsibilities will be carried out by the City of Corpus Christi as follows: a. Advertise for construction bids, issue bid proposals, receive and tabulate the bids and conditional award of the project, and formally award the project. Administer the contract throughout the construction phase of the project. Administration of the contract includes the responsibility for construction engineering, construction record documentation and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract with the approval of the State. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract. The City shall notify the State of pre - letting, and pre - construction meetings; invitation to work -in- progress meetings. c. All contract change order review and approval procedures must he approved by the State prior to start of construction. d. Upon completion of the Project, the City will issue and sign a "Notification of Completion" acknowledging the project's construction completion along with one set of "as built" plans. e. For federally funded contracts, the parties to the Advance Funding Agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will EXHIBIT 'A" Page 1 of 2 H: USERS2\HOME\VELMAP\GEMTXDOTNORTH PORT AVENUE\2006 OQIOIBR(FIANCE FUNDING AGREEMENT WGENDA BACKGROUND be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR, Part B. Following is a breakdown of the costs: DESCRIPTION TOTAL ESTIMATE COST PARTICIPATION FEDERAL STATE LOCAL COST % COST % COST Construction $8,017,000 80% $6,413,600 0% $0 20% $1,603,400 Subtotal 8,017,000 80% 6,413,600 0% 0 20% 1,603,400 Direct State Costs (includes plan review, inspection and oversight) 5% 400,850 80% 320,680 0% 0 20% 80,170 Indirect State Costs (no local participation required except for service projects) 497,856 80% 398,285 20% 99,571 0% 0 Total $8,915,706 $7,132,565 $99,571 $1,683,570 PROJECT DESCRIPTION: The North Port Avenue from IH 37 to US 181 Project is a Bond Issue 2004 project that will provide primary access from IH 37 to the Port of Corpus Christi. The scope of the work consists of the reconstruction of a four (4) lane roadway including protected left turn lane with new curb and gutter and sidewalks; Americans with Disabilities Act (ADA) curb ramps; lane stripping and pavement markings; underground storm water system improvements; water and wastewater improvements; removal of abandoned /unused driveways; and new street lighting. The total projected cost of constructing the project, including water, wastewater, storm water utilities, street lighting, and parking areas is $18,056,217. The total TXDOT portion of the estimated• cost of construction is $8,915,706, of which the City's portion is $1,683,570. TXDOT anticipates letting the project in February 2009. PROJECT BACKGROUND: On Tuesday, November 2, 2004, the City of Corpus Christi held an election to consider a number of ballot propositions to fund major capital improvements for the community, Bond Issue 2004. The November 2, 2004 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2004 package includes $95 million in projects to be funded from ad valorem property taxes (a General Obligation Bond Issue) in Street, Public Health and Safety, Public Facilities, Parks and Recreation, and Bayfront Master Plan projects. The proposed projects target the City's most immediate needs to improve existing physical facilities, provide for growth, and protect the City's investment in its infrastructure. FUNDING: Funding is available from the FY 2008 -2009 Street Capital Improvement Program Budget. EXHIBIT 'A" Page 2 of 2 H: \USERS2WOME\VELMAP\GEN \TXDOT WORTH PORT AVENUE\2008 OCTOY82CFpNCE FUNDING AGREEMENTAGENDA BACKGROUND PRIOR PROJECT ACTIONS SUBJECT: North Port Avenue from IH 37 to US 181 (Project No. 6264) (BOND ISSUE 2004) ADVANCE FUNDING AGREEMENT 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 residents homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi. (Ordinance No. 026022) 3. June 13, 2006- Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $153,000 for North Port Avenue from IH 37 to US 181. (Resolution No. 026827) 4. June 13, 2006 — Resolution authorizing the City Manager, or his designee, to submit a loan application to the Texas Military Preparedness Commission for their Texas Military Value Revolving Loan Fund in the amount of $10,507,390 for the reconstruction of Port Avenue from IH 37 to US 181 and the partial relocation of Flour Bluff Drive and land acquisition to allow expansion of runway facilities at Waldron Field. (Resolution No. 026830) 5. June 13, 2006 — Resolution approving the reimbursement statement expressing the City's official intention to reimburse the costs of projects funded through the Texas Military Value Revolving Loan Fund. (Resolution No. 026831) 6. September 12, 2006 - Resolution authorizing the City Manager, or his designee, to execute an Advanced Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $330,424 for North Port Avenue from IH 37 to US 181. (Resolution No. 026978) 7. September 19, 2006 — Ordinance approving the FY 2007 Capital Budget in the amount of $146,994,500. (Ordinance No. 026997) EXHIBIT "A -1" Page 1 of 2 H:\ USERS2 *IOME\VELMAP \GEMTXOONJORTH PORT AVENUE\200B OL.18E8F&DVANCE FUNDING AGREEMEN1\PRIOR PROJECT ACTIONS 8. April 10, 2007 — Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with MEI Maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $749,221 for North Port Avenue from IH 37 to US 181. (Motion No. M2007 -095) 9. June 10, 2008 — Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the Contract For Professional Services with MEI maverick Engineering, Inc. from Corpus Christi, Texas in the amount of $1,970,108, for a total restated fee not to exceed $2,719,329, for North Port Avenue from IH 37 to US 181. (Motion No. M2008 -147) 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). EXHIBIT "A -1" Page 2 of 2 H: \USERS2W OME\VELMAP\GEMTXOOT\NORTH PORT AVENUE\2008 OCTOB9i8c9'AOICE FUNDING AGREEMENTIPRIOR PROJECT ACTIONS CSJ # 0916 -35 -155 District # 16 Code Chart 64 #03800 Project: STP ( ) MM STATE OF TEXAS § COUNTY OF TRAVIS § LOCAL TRANSPORTATION PROJECT ADVANCE FUNDING AGREEMENT For North Port Avenue Project (Off State System) THIS Local Project Advance Funding Agreement (LPAFA) is made by and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the "State ", and the City of Corpus Christi, acting by and through its duly authorized officials, hereinafter called the "Local Government." WITNESSETH WHEREAS, a Master Agreement between the Local Government and the State has been adopted and states the general terms and conditions for transportation projects developed through this LPAFA; and, WHEREAS, the Texas Transportation Commission passed Minute Order 111044 that provides for the development of, and funding for, the project described herein; and, WHEREAS, the Goveming Body of the Local Government has approved entering into this LPAFA by resolution or ordinance dated , which is attached hereto and made a part hereof as Attachment A for development of the specific project which is identified in the location map shown as Attachment B. NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto, to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: AGREEMENT 1. The period of this LPAFA is as stated in the Master Agreement, without exception. 2. Termination of this LPAFA shall be under the conditions as stated in the Master Agreement, without exception. 3. Amendments to this LPAFA shall be made as described in the Master Agreement, without exception. 4. Scope of Work. The scope of work for this LPAFA is described as reconstruction of a 4 -lane roadway and protected left turn lane with new curb and gutter and sidewalks; Americans with Disabilities Act curb ramps; lane striping and pavement markings; underground storm water system improvements; water and wastewater improvements; removal of abandoned /unused driveways; and new street lighting. Location of the project is on North Port Avenue from IH 37 to US 181 in Corpus Christi. The portion proposed for this project will provide the primary access from IH 37 to the Port of Corpus Christi. 5. Right of Way and Real Property shall be the responsibility of the Local Government, as stated in the Master Agreement, without exception.— �.1 CYHIRIT "B" CSJ # 0916 -35 -155 District # 16 Code Chart 64 #03800 Project: STP ( ) MM 6. Adjustment of utilities will be provided by the Local Government as required and as stated in the Master Agreement without exception. 7. Environmental Assessment and Mitigation will be carried out as stated in the Master Agreement, without exception. 8. Compliance with Texas Accessibility Standards and ADA will be as stated in the Master Agreement, without exception. 9. Architectural and Engineering Services will be provided by the Local Government, The Local Govemment is responsible for performance of any required architectural or preliminary engineering work. The State will review and comment on the work as required to accomplish the public purposes of the Local Government. The State will cooperate fully with the Local Government in accomplishing these local public purposes to the degree permitted by State and Federal law. The engineering plans shall be developed in accordance with the applicable State's Standard Specifications for Construction and Maintenance of Highways, Streets and Bridges, and the special specifications and special provisions related thereto, the latest edition and revisions of the State's Roadway Design Manual or the American Association of State Highways and Transportation Officials A Policy on Geometric Design of Highways and Streets, and /or the American Association of State Highway and Transportation Officials Policy for the Development of Bicycle Facilities. 10. Construction Responsibilities will be carried out by the, Local Govemment. as follows and not as stated in the Master Agreement: a. The local Govemment shall advertise for construction bids, issue bid proposals, receives and tabulate the bids and conditional award of the project, the Local Government can then formally award the project. The Local Government will administer the contract throughout the construction phase of the project. Administration of the contract includes the responsibility for construction engineering, construction record documentation and for issuance of any change orders, supplemental agreements, amendments, or additional work orders, which may become necessary subsequent to the award of the construction contract with the approval of the State. In order to ensure federal funding eligibility, projects must be authorized by the State prior to advertising for construction. b. All contract letting and award procedures must be approved by the State prior to letting and award of the construction contract. The Local Government shall notify the State of pre - letting, and pre - construction meetings; invitation to work -in- progress meetings. c. All contract change order review and approval procedures must he approved by the State prior to start of construction. d. Upon completion of the Project, the Local government will issue and sign a "Notification of Completion" acknowledging the project's construction completion along with one set of "as built" plans. e. For federally funded contracts, the parties to this agreement will comply with federal construction requirements cited in 23 CFR Part 635 and with requirements cited in 23 CFR Part 633, and shall include the latest version of Form "FHWA- 1273" in the contract bidding documents. If force account work will be performed, a finding of cost effectiveness shall be made in compliance with 23 CFR, Pact ij1 _ CSJ # 0916 -35 -155 District # 16 Code Chart 64 #03800 Project: STP ( ) MM 11. Project Maintenance will be undertaken as provided for in the Master Agreement, without exception. 12. Local Project Sources and Uses of Funds a. Project Cost Estimate: A Project Cost Estimate is provided in Attachment C. Any work done prior to federal authorization will not be eligible for reimbursement. It is the Local Govemment's responsibility to verify with the State that the Federal Letter of Authority has been issued for the work covered by this Agreement. b. A Source of Funds estimate is also provided in Attachment C. Attachment C shows the percentage and absolute dollar amount to be contributed to the project by federal, state, and local sources. c. The Local Government is responsible for all non - federal and non -state funding, including all project cost overruns, unless provided for through amendment of this agreement. d. Prior to the performance of any engineering review work by the State, the Local Government will pay to the State the amount specified in Attachment C. At a minimum, this amount shall equal the Local Govemment's funding share for the estimated cost of preliminary engineering for the project. At least sixty (60) days prior to the date set for receipt of the construction bids, the Local Government shall remit its remaining financial share for the State's estimated construction oversight and construction costs. e. In the event that the State determines that additional funding by the Local Government is required at any time during the Project, the State will notify the Local Government in writing. The Local Govemment shall make payment to the State within thirty (30) days from receipt of the State's written notification. f. Whenever funds are paid by the Local Government to the State under this Agreement, the Local Govemment shall remit a check or warrant made payable to the "Texas Department of Transportation Trust Fund." The check or warrant shall be deposited by the State in an escrow account to be managed by the State. Funds in the escrow account may only be applied by the State to the Project. If, after final Project accounting, excess funds remain in the escrow account, those funds may be applied by the State to the Local Government's contractual obligations to the State under another advance funding agreement. g. If any existing or future local ordinances, commissioners court orders, rules, policies, or other directives, including but not limited to outdoor advertising billboards and storm water drainage facility requirements, are more restrictive than State or Federal Regulations, or if any other locally proposed changes, including but not limited to plats or replats, result in increased costs, then any increased costs associated with the ordinances or changes will be paid by the local govemment. The cost of providing right of way acquired by the State shall mean the total expenses in acquiring the property interests either through negotiations or eminent domain proceedings, including but not limited to expenses related to relocation, removal, and adjustment of eligible utilities. h. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. EXIiIBIT "B" CSJ # 0916 -35 -155 District # 16 Code Chart 64 #03800 Project: STP ( ) MM 13. Document and Information Exchange. The Local Government agrees to electronically deliver to the State all general notes, specifications, contract provision requirements and related documentation in a Microsoft® Word or similar document. If requested by the State, the Local Government will use the State's document template. The Local Govemment shall also provide a detailed construction time estimate including types of activities and month in the format required by the State. This requirement applies whether the Local Government creates the documents with its own forces or by hiring a consultant or professional provider. At the request of the State, the Local Government shall submit any information required by the State in the format directed by the State. 14. Incorporation of Master Agreement Provisions. This LPAFA incorporates all of the governing provisions of the Master Advance Funding Agreement (MAFA) in effect on the date of final execution of this LPAFA, unless such MAFA provision is specifically excepted herein. 15. Insurance. If this agreement authorizes the Local Government or its contractor to perform any work on State right of way, before beginning work the entity performing the work shall provide the State with a fully executed copy of the State's Form 1560 Certificate of Insurance verifying the existence of coverage in the amounts and types specified on the Certificate of Insurance for all persons and entities working on State right of way. This coverage shall be maintained until all work on the State right of way is complete. If coverage is not maintained, all work on State right of way shall cease immediately, and the State may recover damages and all costs of completing the work. 16. Debarment Certification. The Local Govemment shall not contract with any person that: is suspended, debarred, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal agency or that is debarred or suspended by the State. 17. Signatory Warranty. The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. FXHIRIT "R" CSJ # 0916 -35 -155 District # 16 Code Chart 64 #03800 Project: STP ( ) MM IN TESTIMONY HEREOF, the parties hereto have caused these presents to be executed in duplicate counterparts. THE LOCAL GOVERNMENT By: (Signature) Title: Date: THE STATE OF TEXAS Executed for the Executive Director and approved for the Texas Transportation Commission for the purpose and effect of activating and /or carrying out the orders, established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Date: Janice Mullenix Director of Contract Services Texas Department of Transportation HIBIT "B" CSJ # 0916 -35 -155 District # 16 Code Chart 64 #03800 Project: STP ( ) MM ATTACHMENT A RESOLUTION OF LOCAL GOVERNMENT APPROVING THIS LPAFA EXHIBIT `B" ATTACHMENT B PROJECT LOCATION MAP CSJ # 0916 -35 -155 District # 16 Code Chart 64 #03800 Project: STP ( ) MM ' f � � gREWST- ER ' ���•, J�� NEE � LS�L �' � • k, ftta SIMME! Alga MI 3 uffianlIMEERIFRINI i ME �.■■U■■t .,��31'•0 2 NOT TO SCALE EXHIBIT "B" 0) 0 Z LL W 0 W 0 re 0 V 0 C Z Z wQ 2 = <I- < 1-- Q co H w 0 H U W 0 a Local Participation Actual Participation oo 0 et O 0.. 1,603,400 80,170 o 1,683,570 0 0 EDC Adjustment 61.5% ( -) 0 0 O O o Prior to EDC (20 %) 1,603,400 1,603,400 0 0 it 0 1,683,570 State Participation %OZ O O o 99,571 e- o 00) Federal Participation • co O O 0 wi a t■ [&7413i��1 320,680 398,285 7,132,565 Total Estimate Cost 8,017,000 O O O IC 0 C ao 400,850 497,856 8,915,706 Q Z N/A Description Construction SUBTOTAL Direct State Costs (including plan I review, inspection and oversight) 5% clndirect State Costs (no local participation required except for service projects) TOTAL First Payment due prior to PS &E by State Second payment due 60 days prior to the project letting O CO • CO Total participation required from the local government = o +- L a) __ a) o) W. a7 N 0 C N > — E • 12 O C '00 R c a) a) > c N U • p y a7 173 0 o r O Ti - co c t O -0 w l) a) O co N c c m� oco E cu L CD O ,r 3 o w 0 c E c 2 To .4c as o N ca c co J c c c N O a) a7 • E a- a) N N 'C o 0o. M C9 76 - C U w • E—Ic w a)a)o c )) ` Q) - - E < 42 E N > N c w' O O`n O N co • Oro m E 0 o4-• a) cw w c o aa)�c OnI— o o O a7 i c N a) 3 c N . • . E co ai o a) a) — .o w 0 a) a) O N O -O w X .. 0 C • r — - m a) O Revised 05/02/2008 FYWIRIT "R" AFA— LPAFA_OffSys File : \ Mproject \councilexhibits \exh6264.dwg San Patricio County LOCATION MAP NOT TO SCALE PROJECT EXTENTS North i Chann �rc� __n 1_J. .\ rk MAI TURNING BASIN \ \ \� Bayvi Czm ��R; -= 1 �I m M AVE A Baytronf,Arts 1 °, -Scierk. *s Pork Iq u\ / sfT C / P� rs ,,it_% - F�� V-pc- h'r� // N IBS • 1\ r Tima Par jl a otalla►.:! djSoidgi a aniA am mii•• VICINITY MAP NOT TO SCALE CITY PROJECT No. 6264 EXHIBIT 'C' NORTH PORT AVENUE -FROM IH -37 TO US HWY 181 —2QR- CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 10 -06 -2008 - OM RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE AN ADVANCE FUNDING AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION ( TXDOT) IN THE AMOUNT OF $1,683,570 FOR NORTH PORT AVENUE FROM IH 37 TO US 181 FOR CONSTRUCTION WORK. 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 an Advance Funding Agreement with the Texas Department of Transportation (TXDOT) in the amount of $1,683,570 for the construction work for North Port Avenue from IH 37 to US 181. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS O FO5J4(13- Oct -08 Veronica Ocanas Assistant City Attorney For City Attorney —399— Henry Garrett Mayor HAI F(:_IIIRNwrnnirmf\1 FN(:\1 A f: F N fl A IT F NI S \OR In7in \1 f191 RFSf adv R inr1 A Nn46Dnr1 A..n d,... day of , 2008. The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John E. Marez Nelda Martinez Michael McCutchon —400— 26 CITY COUNCIL AGENDA MEMORANDUM October 21, 2008 AGENDA ITEM: Resolution approving the Utilities Business Office Policy to Detect and Prevent Identity Theft. ISSUE: The Fair Credit Reporting Act was amended to require that utilities adopt programs to identity, detect and mitigate identity theft. REQUIRED COUNCIL ACTION: Approval of the Resolution. CONCLUSION AND RECOMMENDATION: App rovaof a ' esolution. Attachments: Background Information Resolution Policy -403- Michae Barrera i Assistant Director of Financial Services BACKGROUND INFORMATION The Fair Credit Reporting Act was amended to require that banks and "creditors" adopt programs to identify, detect and mitigate identity theft by November 1, 2008. The Federal Trade Commission has adopted rules to implement this program, and its definitions include utilities as a type of creditor. The term `creditor" is defined to be any person who regularly extends, renews, or continues credit. "Credit" is defined as the right granted by a creditor to a debtor to defer payment of debt or to incur debts and defer its payment or to purchase property or services and defer payment therefore. The basic elements of the program are as follows: (1) identify relevant "red flags" applicable to your utility account process (2) identify how your utility detects the "red flags" (3) explain how your utility will respond to any "red flags" that are detected, in order to prevent and mitigate identity theft (4) review and update the program. A "red flag" is defined as a "pattern, practice, or specific activity that indicates the possibility of identity theft." The Utilities Business Office currently has similar procedures in place to detect and prevent identity theft. The guidelines in the new policy serve to formalize those procedures and enhance the protection afforded to our customers. -404- RESOLUTION APPROVING A POLICY REGARDING IDENTITY THEFT DETECTION AND PREVENTION FOR UTILITY CUSTOMER ACCOUNTS Whereas, the Fair & Accurate Credit Transactions Act of 2003 ( "Act") was signed into law to amend the Fair Credit Reporting Act, to improve accuracy of consumer reports and help prevent identity theft in covered accounts; Whereas, under the rules adopted pursuant to the Act, covered accounts includes municipal utility accounts; Whereas, under the rules adopted pursuant to the Act, municipal utilities are required to implement a written program for the detection, prevention and mitigation of identity theft as related to utility accounts; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: Section 1. The City Council approves the attached policy to detect and prevent identity theft related to utility customer accounts. INTRODUCED AND PASSED by the City Council of the City of Corpus Christi, Texas, on the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved: pct• I ° 2oot% Lisa Aguilar J Assistant City Attorney for City Attorney -405- City Policies City of Corpus Christi SUBJECT: Identity Theft Detection and Prevention for NO: F -5.3 Utility Customer Accounts EFFECTIVE: 11/01/08 APPROVED: DATE: 'Angel Escobar Interim City Manager I. PROGRAM ADOPTION The City of Corpus Christi ( "Utility ") developed this Identity Theft Prevention Program ( "Program ") pursuant to the Federal Trade Commission's Red Flags Rule ( "Rule "), which implements Section 114 of the Fair and Accurate Credit Transactions Act of 2003. 16 C. F. R. § 681.2. This program was approved by Corpus Christi City Council on , 2008. II. PROGRAM PURPOSE AND DEFINITIONS A. Fulfilling requirements of the Red Flags Rule Under the Red Flags Rule, every financial institution and creditor is required to establish an "Identity Theft Prevention Program" tailored to its size, complexity and the nature of its operation. Each program must contain reasonable policies and procedures to: 1. Identify relevant Red Flags for new and existing covered accounts and incorporate those Red Flags into the Program; 2. Detect Red Flags that have been incorporated into the Program; 3. Respond appropriately to any Red Flags that are detected to prevent and mitigate Identity Theft; and 4. Ensure the Program is updated periodically, to reflect changes in risks to customers or to the safety and soundness of the creditor from Identity Theft. F -5.3 Identity Theft Detection and Prevention for UtilityON er Accounts Page 1 of 6 B. Definitions This Policy incorporates the following defmitions: 1. The Red Flags Rule defines "Identity Theft" as "fraud committed using the identifying information of another person" and a "Red Flag" as "a pattern, practice, or specific activity that indicates the possible existence of Identity Theft." 2. According to the Rule, a municipal utility is a creditor subject to the Rule requirements. The Rule defines creditors "to include finance companies, automobile dealers, mortgage brokers, utility companies, and telecommunications companies. Where non - profit and government entities defer payment for goods or services, they, too, are to be considered creditors." 3. All the Utility's accounts that are individual utility service accounts held by customers of the utility whether residential, commercial or industrial are covered by the Rule. Under the Rule, a "covered account" is: a. Any account the Utility offers or maintains primarily for personal, family or household purposes, that involves multiple payments or transactions; and b. Any other account the Utility offers or maintains for which there is a reasonably foreseeable risk to customers or to the safety and soundness of the Utility from Identity Theft. 4. "Identifying information" is defined under the Rule as "any name or number that may be used, alone or in conjunction with any other information, to identify a specific person," including: name, address, telephone number, . social security number, date of birth, government issued driver's license or identification number, alien registration number, government passport number, employer or taxpayer identification number. III IDENTIFICATION OF RED FLAGS In order to identify relevant Red Flags, the Utility considers the types of accounts that it offers and maintains, the methods it provides to open its accounts, the methods it provides to access its accounts, and its previous experiences with Identity Theft. The Utility identifies the following red flags, in each of the listed categories: A. Notifications and Warnings received from consumer reporting agencies or other consumer information service providers 1. Report of fraud accompanying a consumer report; 2. Notice or report of a credit freeze on a customer or applicant. F -5.3 Identity Theft Detection and Prevention for Utility Casten rtccounts Page 2 of 6 B. Suspicious Identifying Information 1. Identifying information presented that is inconsistent with other information the customer provides (example: inconsistent birth dates); 2. Identifying information presented that is inconsistent with other sources of information (for instance, an address not matching an address on a credit report); 3. Identifying information presented that is the same as information shown on other applications that were found to be fraudulent; 4. Identifying information presented that is consistent with fraudulent activity (such as a social security number or driver's license number that is the same as another utility customer); 5. An address presented that is the same as that of another person; 6. A person fails to provide complete personal identifying information on an application when reminded to do so (however, by law social security numbers must not be required); and 7. A person's identifying information is not consistent with the information that is on file for the customer. C. Suspicious Documents 1. Identification document or card that appears to be forged, altered or not authentic; 2. Identification document or card on which a person's photograph or physical description is not consistent with the person presenting the document; 3. Other document with information that is not consistent with existing customer information or is not consistent with readily accessible consumer information; and 4. Altered lease documents, or altered divorce decrees or altered marriage certificates. D. Suspicious Account Activity or Unusual Use of Account 1. Change of address for an account followed by a request to change the account holder's name; 2. Mail sent to the account holder is repeatedly returned as undeliverable; 3. Notice to the Utility that an account has unauthorized activity; F -5.3 Identity Theft Detection and Prevention for Utility Et419&rAccounts Page 3 of 6 4. Breach in the Utility's computer system security; and 5. Unauthorized access to or use of customer account information. E. Alerts from Others 1. Notice to the Utility from a customer, identity theft victim, law enforcement or other person that the Utility has opened or is maintaining a fraudulent account for a person engaged in Identity Theft. IV. DETECTING RED FLAGS A. New Accounts In order to detect any of the Red Flags identified above associated with the opening of a new account, City staff will take the following steps to obtain and verify the identity of the person opening the account: 1. Require certain identifying information such as name, date of birth, residential and business address, principal place of business for an entity, driver's license or other government- issued identification. 2. Upon receipt of identifying information, staff person taking the initial application will run a consumer credit report or public data report to confirm information provided. 3. Do not open the account, and take steps to mitigate possibility of identity theft as described in Section V below, if the reports indicate fraud, or indicate discrepancy with identifying information. B. Existing Accounts In order to detect any of the Red Flags identified above for an existing account, Utility personnel will take the following steps to monitor transactions with an account: 1. Verify the identification of customers if they request information (in person, via telephone, via facsimile, via email); and update as necessary. V. PREVENTING AND MITIGATING IDENTITY THEFT In the event Utility personnel detect any identified Red Flags, such personnel shall take one or more of the following steps, depending on the degree of risk posed by the Red Flag: 1. For new accounts, do not open the account until customer has brought in proof of identifying information. F -5.3 Identity Theft Detection and Prevention for Utility cu4E Qa ccounts Page 4 of 6 2. For existing account, contact the customer and require the customer to bring in proof of identifying information within 30 days. Turn off the utilities if the customer does not provide the information by the time requested. 3. Notify law enforcement and the customer if the consumer reports indicate report of identity theft or fraud when identifying information cannot be independently identified. VI. PROGRAM UPDATES This Policy will be periodically reviewed and updated at least every year by the Identity Theft Committee (described below) to reflect changes in identity theft risks to customers of the Utility. The Committee is jointly headed by the Utilities Business Office Manager and Call Center Manager and consists of the Assistant Director of Financial Services, the Director of Financial Services, attorney assigned to the Financial Services Department, and the Resolutions Supervisor. At least once a year, the Identity Theft Committee will meet to consider the Utility's experiences with Identity Theft situations, changes in Identity Theft methods, changes in Identity Theft detection and prevention methods, changes in types of accounts the Utility maintains and changes in the Utility's business arrangements with other entities. After considering these factors, the Identity Theft Committee will determine whether changes to the Policy are warranted. If warranted, the recommended changes will be presented to City Council for their consideration. The determination to make changes to this policy will be made after careful consideration of the following: A. Past experience(s) with identity theft. B. Changes in methods of identity theft. C. Changes in methods to detect, prevent, and mitigate identity theft. D. Changes in the types of accounts the Utility offers. VII. PROGRAM ADMINISTRATION A. Oversight The Supervisor of the department responsible for utility applications (i.e., the Program Administrator) will be responsible to ensure appropriate training of utility application staff on the Program, for reviewing any reports regarding the detection of Red Flags, and determining which steps of prevention and mitigation should be taken in particular circumstances. B. Stab' Training and Reports Staff responsible for implementing the Program shall be trained either by or under the direction of the Program Administrator in the detection of Red Flags, and the responsive steps to be taken when a Red Flag is detected. F -5.3 Identity Theft Detection and Prevention for Utility-0F4' er Accounts Page 5 of 6 C. Service Provider Arrangements In the event the Utility engages a service provider to perform an activity in connection with one or more accounts, the Utility will take the following steps to ensure the service provider performs its activity in accordance with reasonable policies and procedures designed to detect, prevent, and mitigate the risk of Identity Theft. 1. Require, by contract, that service providers have such policies and procedures in place; and 2. Require, by contract, that service providers review the Utility's Program and report any Red Flags to the Program Administrator. D. Customer Address Discrepancies 1. When Utility receives notice from any consumer reporting agency that a substantial difference exists between the address for the consumer that Utility provided and the address(es) in the consumer reporting agency's file for that particular consumer, the Utility will verify the information in the consumer report provided by the consumer reporting agency with the consumer. 2. Once the address is confirmed, the Utility shall furnish the confirmed address to the consumer reporting agency as part of the information it regularly furnishes for the reporting period. VIII QUESTIONS REGARDING THIS POLICY Questions regarding this Policy shall be directed to the Director of Financial Services or designee, who may be contacted at (361) 826 -3613. F -5.3 Identity Theft Detection and Prevention for Utility Gus'44raccounts Page 6 of 6 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 -412- O v •^ +a .,■i Lmi cJ • z a4 Cs) Ttl Csno O •� ti • - CID ct r 0 • ct raid c O N Q N 0 a) 2 mE = 0 0 Q O a) Q g o 2 s - L f6 Q U Q -C3 Q U Z3 Q = (6 N (6 �' N L L 0-g co L p U 0 po.E co �Qca) co co .co _ ?� +� N N O 0 0 0 O -0 0 2® a) g Oa Q O C (n U u) ( tn to c N O .� to .0 3 Q C C Q_ N C Q L C cu U DU . D O 0 0 • U Q U • V N O 3 Z R5 (1) (1) (fl 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2008 AGENDA ITEM: Resolution expressing official intent to reimburse costs with respect to the Health Department Laboratory Air Handler and Health Department Chiller Replacement. ISSUE: On November 4, 2008, a bond issue will be presented to the citizens of Corpus Christi outlining seven different propositions. Proposition No. 4 is in the amount of $1,150,000 for the rehabilitation of the City/County Health Development Facility. Included in this figure is the cost for replacement of the Health Department's Laboratory air handler, as well as the Health Department's chiller replacement. A contract for replacement of these items has already been awarded on an emergency basis due to the critical need for keeping immunizations and specimens at the proper temperature. The funding for this contract will be from the General Fund's unreserved fund balance — in anticipation of being reimbursed if Proposition No. 4 of the bond issue passes. If the proposition does not pass, then the expenditures will remain in the General Fund unless it is determined that altemate financing should be used. REQUIRED COUNCIL ACTION: City Council approval of the reimbursement resolution in order to proceed with the project as scheduled. FUTURE COUNCIL ACTION: Last quarter of fiscal year 2009 — Ordinance authorizing the issuance and sale of City of Corpus Christi, Texas General Obligation and Improvement Bonds. CONCLUSION AND RECOMMENDATION: Staff recommends City Council approval of the Resolution as presented. Attachment: Resolution —421— Constance P. Sanchez Interim Director of Financial Services RESOLUTION EXPRESSING OFFICIAL INTENT TO REIMBURSE COSTS WITH RESPECT TO THE HEALTH DEPARTMENT LABORATORY AIR HANDLER AND HEALTH DEPARTMENT CHILLER REPLACEMENT WHEREAS, the City of Corpus Christi, Texas (the "City") is a home -rule municipality and political subdivision of the State of Texas; WHEREAS, the City expects to pay expenditures in connection with the design, planning, acquisition and construction of the projects described on Exhibit "A" hereto (collectively, the 'Project") prior to the issuance of obligations by the City in connection with the financing of the Project from available funds, particularly the City's General Fund; WHEREAS, the City finds, considers, and declares that the reimbursement of the City for the payment 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 Treasury Regulations, to reimburse itself for such payments at such time as it issues obligations to finance the Project; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI THAT: Section I. The City reasonably expects to incur debt, including, but not limited to, bonds subject to voter approval in November 2008, as one or more series of obligations, with an aggregate maximum principal amount not to exceed $355,000, for the purpose of paying the aggregate costs of the Project. Section 2. All costs to be reimbursed pursuant hereto will be capital expenditures. No tax- exempt obligations will be issued by the City in furtherance of this Statement after a date which is later than 18 months after the later of (1) the date the expenditures are paid or (2) the date on which the property, with respect to which such expenditures were made, is placed in service. Section 3. The foregoing notwithstanding, no tax- exempt obligation will be issued pursuant to this Statement more than three years after the date any expenditure which is to be reimbursed is paid. Date: October 21, 2008 Attest: Armando Chapa, City Secretary HENRY GARRET, MAYOR CITY OF CORPUS CHRISTI Approved as to form: October 14, 2008 By: T y-z / RA,,,.-t ev Lisa Aguilar, Assistatit2City Attorney For the City Attorney -422- Exhibit "A" Health Department Laboratory Air Handler replacement and Health Department Chiller replacement. -423- 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 21, 2008 AGENDA ITEM: Ordinance appropriating $355,000 of the Unreserved Fund Balance in the General Fund No. 1020 for Health Laboratory Air Handler replacement and Health Department Chiller replacement; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $355,000. ISSUE: Health Laboratory Air Handler and the Health Department Chiller are in need of replacement. REQUIRED COUNCIL ACTION: FUNDING: Unreserved Fund Balance of the General Fund No. 1020. CONCLUSION AND RECOMMENDATION: City staff recommends approval of the ordinance as submitted. :c Eddie Houlihan Assistant Budget Director Attachments: Background information Memo - Air Handler Declaration of Emergency Memo -HVAC Chillers Declaration of Emergency Ordinance —427— BACKGROUND INFORMATION Work on the Health Laboratory Air Handler replacement and the Health Department Chiller replacement was approved on an emergency basis in September 2008. The Laboratory Air Handler replacement is necessary to maintain our state certification and has an estimated cost of $136,000. The Chiller replacement is necessary to keep immunizations at the proper temperature and for the comfort of the public and employees. The Chiller replacement has an estimated cost of $219,000. The replacement of the Air Handler and the Chiller are included in Proposition four of the Bond 2008 Project List. Voting will occur on November 4, 2008 for Bond 2008. If Proposition Four passes, the costs incurred for these two projects will be reimbursed. If Proposition Four fails, the costs will remain as a General Fund expenditure or alternative means of financing these expenditures will need to be explored. —428— MEMORANDUM TO: Honorable Mayor and Council Members FROM: George K. Noe, City Manager SUBJECT: Waiver to Procure Replacement Bio- Safety Laboratory Air Handler Declaration of Emergency DATE: August 26, 2008 SUMMARY: The air handler Is in a deteriorated condition and able to maintain only the minimum range of acceptable negative air pressures. The unit must be replaced to increase the negative air pressure to a level that is more acceptable to CDC. The replacement will also help achieve laboratory temperatures that ensure proper operation of equipment during peak summer temperatures. BACKGROUND: Failure of the two chillers that provide chilled water that is used to cool the building resulted in unacceptable temperatures in the Blo- Safety Laboratory. Temporary chillers were rented to provide chilled water pending emergency acquisition of replacement chillers. Temperatures in the BSL as observed by Engineering and General Services personnel in the BSL range between 78 and 80 degrees during peak afternoon temperatures. Health Department personnel state that 80 degrees is the maximum temperature to ensure proper operation of laboratory equipment. The only way to further reduce temperatures is to increase exhaust air from the BSL with a replacement air handler. Health Department personnel state their temperature reports indicate temperatures of up to 86 degrees. Engineering and General Service personnel have not been able to confirm these reports by visiting the BSL since rental chillers were installed. Confirmation to confirm the high temperatures have been unsuccessful when the BSL was inspected on dates of reported high temperatures. In order to ensure continued certification of the BSL, it appears necessary to proceed immediately with replacement of the air handler. PRIOR ACTIONS TAKEN: A contract for engineering and architectural services for the air handler was awarded upon receipt of the Texas Department of Health Grant. The grant provided for the replacement of the air handler, replacement of VCT flooring with an epoxy laboratory floor, and replacement of the suspended acoustical ceiling with a solid sheetrock ceiling. HA HOMEY CEVINSiGEMHEALTM5234BSL2003 CCNole albn .doe -429- Administrative Award Page 1 of 2 The project was bid on July 16, 2008 as part of the grant awarded by the State. The grant required all invoices to bear a July 31, 2008 date and be submitted to the State by September 30, 2008. The Health Department directed the bid not be awarded due to time constraints. The apparent low bidder (Malek, Inc. of Corpus Christi, TX) has agreed to honor their bid submitted July 16, 2008 of $118,880.00. The bid includes: Base Bid - air handler installation of $107,650.00; Additive Alternative No. 1— Test & Balance Wing C HVAC - $2,230.00; and Additive Altemative No. 2 — Digital Control for Air Handler - $9,050.00. ADDITIONAL INFORMATION: The contract provides for replacement of the air handler to be complete in 75 calendar days. CONTRACT AUTHORITY: The City Manager is authorized to approve contracts by in excess of $50,000 by Charter Art. X, Sec.2(a) in case of an emergency, but such action must be reported to the Council. Additionally, the Local Government Code 252.022(a) exempts this repair from State competitive bid requirements because it is necessary to: • preserve the property of the municipality; • preserve or protect the public health or safety of the municipality's residents; and • is due to unforeseen damage to public machinery, equipment or other property. FUNDING: The procurement funding will be from the Fund Balance, lease purchase, or as otherwise determined by the Budget and Finance Department. ACTIONS AUTHORIZED: 1 authorized the following actions to ensure continued certification of the BSL: 1. staff proceed with administrative award of the BSL air handler procurement to Malek, Inc.; and 2. an emergency be declared to preserve the property of the municipality, protect the public health or safety of the municipalities residents, or that the procurement is necessary because of unforeseen damage to public machinery, equipment, or other property. HAHOMEVCEVINSIGENWEALT 'i523455L200$\CCNdllicatlon.doc —430— Adminlatrative Award Paps 2 of 2 MEMORANDUM TO: Honorable Mayor and Council Members FROM: George K. Noe, City Manager SUBJECT: Waiver to Procure Health Department HVAC Chillers Declaration of Emergency DATE: August 11, 2008 SUMMARY: The coil and fin assembly of the two chillers installed at the Health Department have experienced premature corrosion. The chillers can no longer maintain acceptable indoor temperatures throughout the building during peak summer demand. Installation of temporary chillers is necessary to maintain accreditation and operation of the Bio- Safety Laboratory. BACKGROUND: There are two 90 -ton chillers that provide chilled water that is used to cool the building. The unit is designed to produce 40-42 degree water. The chiller coils and fins are deteriorated which prevents the water from achieving the design temperature. Water is exiting the chiller at 48 -50 degrees. Water exiting the chiller is circulated into the building and returned to the chillers to complete the cooling loop. Areas of the building at the end of the loop are not being adequately cooled. The chiller as manufactured has copper coils with aluminum cooling fins. The dissimilar metals have generated a cathodic reaction causing the coil /fin unit to corrode. Replacement of the coil /fin assembly is not economic given the age of the chillers and the high cost of labor and materials (60 -75% of the total replacement cost). Such a repair would also open internal chiller components to the environment. PRIOR ACTIONS TAKEN: The chillers were evaluated by two local mechanical contractors (Pro -Tech and Weathertrol) that recommended replacement. The units were also evaluated by a local mechanical engineer (Stridde Callins Associates). Based on that information, connections were made to spray the coils and fins with water during office hours. This resulted in more acceptable temperatures throughout most of the building. The exceptions were areas at the end of cooling loops. It was hoped that this would be adequate to permit the procurement of replacement chillers in early 2009. ADDITIONAL INFORMATION: Staff was notified Friday, August 8, 2008 that conditions in the Bio -Safety Laboratory required that the CDC be notified. Staff was also notified at that time the notification could result in decertification. Staff was also informed that recertification could take six to twelve months. This information requires the City proceed with an emergency procurement or replacement chillers to avoid decertification. —431— Administrative Award Page 1 of 2 CURRENT ACTIONS: The City has identified temporary chillers that are available. They will be installed upon a declaration of emergency. Stridde Callins was instructed to prepare chiller specifications adequate to support the procurement of informal bids no later than Wednesday, August 20, 2008. The replacement chiller procurement will proceed without formal bid advertisements and Council award subject to approval of the Emergency Procurement. CONTRACT AUTHORITY: The City Manager is authorized to approve contracts by in excess of $50,000 by Charter Art. X, Sec.2(a) in case of an emergency, but such action must be reported to the Council. Additionally, the Local Government Code 252.022(a) exempts this repair from State competitive bid requirements because it is necessary to: • preserve the property of the municipality; • preserve or protect the public health or safety of the municipality's residents; and • is due to unforeseen damage to public machinery, equipment or other property. FUNDING: The procurement funding will be from the Fund Balance, lease purchase, or as otherwise determined by the Budget and Finance Department. RECOMMENDATION: The following actions were authorized as emergency actions to maintain essential health and safety functions: 1. staff was authorized to proceed with administrative procurement of replacement chillers; and 2. an emergency was declared to preserve the property of the municipality, protect the public health or safety of the municipalities residents, or that the procurement is necessary because of unforeseen damage to public machinery, equipment, or other property. —432— Administrative Award Pane 2 of 2 ORDINANCE APPROPRIATING $355,000 OF THE UNRESERVED FUND BALANCE IN THE GENERAL FUND NO. 1020 FOR HEALTH DEPARTMENT LABORATORY AIR HANDLER REPLACEMENT AND HEALTH DEPARTMENT CHILLER REPLACEMENT; CHANGING THE FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE APPROPRIATIONS BY $355,000; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $355,000 of the Unreserved Fund Balance in the General Fund No. 1020 is appropriated in Fund No. 1020 General Fund for Health Department Laboratory air handler replacement and Health Department chiller replacement. SECTION 2. That the FY 08 -09 Operating Budget adopted by Ordinance No. 027776 is changed by increasing appropriations by $355,000.00. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 21st of October, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form: October 14, 2008 By: Lisa Aguilar, Asslsant City Attorney for the City Attorney A:\LEG- DIR\Lisa\2008 ORDINANCES\I- Iealth Deptc igsfs.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: 1 /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:ULEG- DIR\Lisa\2008 ORDINANCES\Health DepLcS14rLdoc 29 CITY COUNCIL AGENDA MEMORANDUM October 21, 2008 AGENDA ITEM: A RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING THE SOUTH TEXAS AGGREGATION PROJECT, INC. (STAP) TO NEGOTIATE AND EXECUTE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED SERVICES EFFECTIVE JANUARY 1, 2009; APPROVING STAP CONTRACTING WITH FPL ENERGY POWER MARKETING, INC. AND DIRECT ENERGY, L.P. AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH STAP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND EXTENDING UP TO DECEMBER 31, 2013. ISSUE: The South Texas Aggregation Project, Inc. Board of Directors recently approved recommending negotiating with FPL Energy Power Marketing, Inc. and Direct Energy, L.P. for electricity needs. Attached is a memo from STAP attorneys with additional information. REQUIRED COUNCIL ACTION: Approval of the Resolution. CONCLUSION AND RECOMMENDATION: Approval of the Resolution. f- L -- Rudy Garza / �% ) Director of GoGernmerit Affairs -437- Lloyd Gosselink _ATTORNEYS AT LAW Ms. Doyle's Direct Line: (512) 322 -5820 Email: kdoyle@Iglawrmn.00m TO: STAP Members MEMORANDUM FROM: Geoffrey Gay Kristen Doyle DATE: October 10, 2008 816 Congress Avenue, Suite 1900 Austin, Texas 78701 Telephone: (512) 322 -5800 Facsimile: (512) 472 -0532 www.Iglawfirm.com RE: ACTION NEEDED BY ALL STAP MEMBERS - Resolution to support locking in electric prices and authorizing contracts with Direct Energy and FPL Energy IMPORTANT NOTICE — PLEASE PLACE THE ATTACHED RESOLUTION ON THE AGENDA FOR COUNCIL CONSIDERATION AT THE NEXT SCHEDULED MEETING. STAP's current electric contract will expire on December 31, 2008. The STAP Board has approved indicative electric pricing available through FPL Energy and Direct Energy Business Services (DEBS) for all STAP members for a five (5) year term beginning January 1, 2009 through December 31, 2013. Energy markets have been falling in response to recessionary pressures and the STAP Board desires to lock -in very favorable gas based pricing for as long as possible (five years). If members act quickly, STAP should be able to fix rates for each of the next five years at commodity prices (i.e. excluding non - bypassable wires charges) that range from 8.0 cents (possibly lower) to 8.5 cents. This means that STAP members will lock -in prices for five years that are near the electric prices members are currently paying. Adopting this resolution is a necessary step for all STAP members that will not participate in the long term contract. The contract with FPL Energy and DEBS that will be negotiated and secured as a result of the authority granted by the attached resolution is structured like the energy contracts STAP has put together for members over the past six years. There is no prepayment of capacity costs or debt allocation associated with this contract. For those members that have passed or are planning to pass an ordinance to participate in the long term purchase power agreement (PPA) with Luminant, you should also take action to pass the attached resolution. FPL Energy will be the wrap energy provider for the power needs not served by the PPA. Because of this and at the Board's instruction to provide added protection for all STAP members, FPL Energy has agreed to initially secure 100 percent of the power needs for all STAP members, including those participating in the PPA. For those members participating in the PPA, FPL Energy will allow CAPP /STAP to exercise a one- time option to back out of the FPL Energy contract the portion of energy associated with base load and substitute energy under the Luminant agreement. Although we don't anticipate that 1 Invd rnsselink Rochelle R Townsend PC Page 2 October 9, 2008 CAPP will be unable to issue bonds to fund the prepayment required by the PPA, this added security provided by FPL Energy is critical as we await the full ramifications of the unfolding credit crisis. In the new contractual structure, approved by the STAP Board, FPL Energy will provide power and DEBS will provide billing and other customer services. In the future, STAP members will receive advanced services beyond what was previously offered by Constellation. Explanation of the Contracting Process The contracting process is exactly like the process used the last contracting period. Your council will need to approve one of the two attached model resolutions. One resolution (Model Resolution A) authorizes STAP to act as an agent to negotiate and execute a contract for the member's electricity needs while the other resolution (Model Resolution B) requires the city to contract with STAP to purchase power for the member through STAP and to designate an individual with the power to execute the contract. The resolutions streamline contracting procedures. The resolutions empower the Chairman of STAP to sign a contract with the selected power provider on behalf of all STAP members for 2009 - 2013 energy needs. A majority of STAP members previously authorized the STAP Chairman to execute the 2007 energy contract on their behalf. Model Resolution A accomplishes that objective for 2009 - 2013. Model Resolution B is to be adopted by those cities whose charters prevent the cities from delegating contracting power to anyone but the mayor or other designated city representative. For those cities, the resolution directs the city to contract with STAP for the city's 2009 -2013 electricity needs. In addition, both resolutions reiterate that each member is obligated only for its proportionate share of the contracted load Every STAP member should expeditiously adopt one of the two resolutions and provide a copy of the resolution to our office. To assist you in determining which model resolution your city should adopt this year, we have attached a list of cities that adopted Model Resolution A last year and a list of cities that adopted Model Resolution B. If you have any questions or need more information, please contact Geoffrey (512/322- 5875, ggay @lglawfirm.com) or Kristen (512/322 -5820, kdoyle @Iglawfirm.com). Lloyd Gosselink Roctk88-& Townsend, P.C. RESOLUTION OF THE CITY OF CORPUS CHRISTI, TEXAS, AUTHORIZING THE SOUTH TEXAS AGGREGATION PROJECT, INC. (STAP) TO NEGOTIATE AN ELECTRIC SUPPLY AGREEMENT FOR DELIVERIES OF ELECTRICITY AND NECESSARY, RELATED SERVICES EFFECTIVE JANUARY 1, 2009; APPROVING STAP CONTRACTING WITH FPL ENERGY POWER MARKETING, INC. AND DIRECT ENERGY, L.P. AND AUTHORIZING THE CITY MANAGER TO SIGN A CONTRACT WITH STAP FOR THE CITY'S ELECTRICITY NEEDS FOR THE PERIOD BEGINNING JANUARY 1, 2009 AND EXTENDING UP TO DECEMBER 31, 2013. WHEREAS, the City of Corpus Christi, Texas (City) is a member of South Texas Aggregation Project, Inc. (STAP), a nonprofit political subdivision corporation dedicated to securing electric power for more than 50 political subdivision members in the competitive retail market; and WHEREAS, STAP negotiated favorable contract terms and a reasonable commodity price for delivered electricity since 2002 resulting in significant savings for its members; and WHEREAS, the City's current contract for power expires December 31, 2008; and WHEREAS, STAP members must secure power supplies for 2009 or revert to high price standard contracts and independently shop for a power contract; and WHEREAS, the STAP Board of Directors is currently considering indicative retail energy prices that point to favorable pricing for the five year period ending December 31, 2013; and WHEREAS, experience gained by the STAP Board indicates that entering into a wholesale power contract, as distinct from a retail contract, effective January 1, 2009 may provide for greatest potential savings for STAP members; and WHEREAS, power providers desire to execute a contract with one, and only one, entity rather than have unique contracts for each STAP member; and WHEREAS, STAP believes that the pricing opportunity window for favorable 2009 deliveries will be short -lived and that STAP must be able to commit contractually to prices within a 24- hour period in order to lock -in favorable prices; and WHEREAS, experiences in contracting for STAP load since 2002 demonstrated that providers demand immediate response to an offer and may penalize delay with higher prices; and WHEREAS, aggregated rates contracted during favorable pricing periods are likely to be lower than prices obtained by the City contracting individually during the same time period; and WHEREAS, suppliers demand assurance that STAP will pay for all contracted load; and WHEREAS, the City must assure STAP that it will budget for energy purchases and honor its commitments to purchase power for its electrical needs through STAP for the period beginning January 1, 2009 and extending through December 31, 2013; and —440— WHEREAS, STAP intends to contract with both FPL Energy (power supply) and Direct Energy (billing, administrative and other customer services). BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: Section 1: That the STAP Board and its consultants and advisors are agents authorized to negotiate for the City's electricity needs as a member of STAP for a term to begin January 1, 2009 and extending up to December 31, 2013. Section 2: That the City approves STAP contracting with FPL Energy Power Marketing, Inc. and Direct Energy, L.P. for the supply of electric power and related, necessary services for the City for a term to begin January 1, 2009 and extending up to December 31, 2013. Section 3: That the City will execute a contract with STAP that permits the Chairman of STAP to sign a Commercial Electric Supply Agreement for the City's electricity needs and related, necessary services beginning January 1, 2009 and extending up to December 31, 2013, as a member of STAP and commits its load for the same period pursuant to the contract recommended and approved by the STAP Board of Directors. Section 4: That the City will budget and approve funds necessary to pay electricity costs proportionate to the City's load under the supply agreement arranged by STAP and signed by the Chairman of STAP on behalf of all STAP members for the term beginning January 1, 2009 and extending up to December 31, 2013, subject to annual appropriation of funds. Section 5: That a copy of the resolution shall be sent to Geoffrey M. Gay, legal counsel to STAP, 816 Congress Avenue, Suite 1900, Austin, Texas 78701, fax no. 512/472 -0532. PRESENTED AND PASSED on this day of regular meeting of the City Council of the City of Corpus Christi, Texas. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: October 14, 2008. Lisa Aguilar Assistant City Attorney for the City Attorney —441— , 2008 at a 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 —442— 30 RESOLUTION APPROVING THE GENERAL. LOCATION OF BOLLARDS IN THE VICINITY OF THE PADRE ISLAND SEAWALL AND SOUTH PACKERY CHANNEL JETTY. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. If proposition on the November , 2008, ballot is passed by the voters of the City of Corpus Christi, the City Manager shall install bollards at the following locations: a. On the beach seaward of the concrete Padre Island seawall (1) One row of bollards must be installed that will preserve a 25' wide pedestrian safe space adjoining the seawall. (2) A second row of bollards must be installed to allow two -way vehicle passage if there is no through- access, and one -way traffic if there is through- access. (3) Areas for head -in parking, seaward of and parallel to the first row must be provided. (4) Head -in parking areas may not be located across from walkways that provide access to the seawall and beach from hotels, condominiums, parking lots, and other beach access points along the seawall. These areas should be marked as pedestrian crossings. (5) The bollards must be placed so as to maximize the area of pedestrian - safe beaches near the shore in front of the seawall, while still maintaining vehicle - lanes. b. On the beach between the north end of the concrete Padre Island seawall and the south jetty of Packery Channel. (1) The bollards must be installed 50 feet landward of mean high tide for a distance of approximately 1550 feet from the north end of the concrete seawall to a point 600 feet from the south jetty. (2) The bollards must be spaced to prevent the passage of vehicles between the bollards. (3) At the northern end of the row of bollards parallel to the water, another row of bollards must be installed perpendicular to the initial row of bollards that extends seaward to the line of mean low tide. Bollard Resolution — 10152008a —445— 1 2 (4) At least two areas must be designated for boat launch access, and the bollards spaced to allow vehicles and boat trailers through the row of bollards. c. The attached diagram (Exhibit A) illustrates the approximate location of the bollards. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: 15th day of October, 2008. R. day eining First ssistant City Attorney For City Attorney Bollard Resolution -- 10152008a —446— 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 Bollard Resolution — 10152008a —447— 3 CO O N SZ ,OS at a 4 sLI Zi Y1 °I xl L7 — it di TI J s s 0 0 0 a 3 M3W0l0HllIV9 '1S 0 ce0 0 clogi V-£ '0b 5933V GULF OF MEXICO 31 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on Coastal Bend Workforce Development Partnership — Industry Outreach Initiative STAFF PRESENTER(S): Name JoAnn Hooks Title /Position /Organization OUTSIDE PRESENTER(S): Director of Education Initiatives Name Title /Position /Organization 1. Mary Ann Rojas 2. Tim McDaniel 3. Dr. Anne Matula President /CEO Workforce Solutions of the Coastal Bend Plant Manager DuPont (Port Industries of Corpus Christi) President Craft Training Center ISSUE & BACKGROUND: Workforce Solutions of the Coastal Bend, Port Industries of Corpus Christi, the Craft Training Center, and education partners have contributed an enormous amount of time and talent to the future of our community by elevating the issue of having a well - trained and skilled workforce. Due to the efforts of this partnership, the eyes of our emerging workforce have opened to the wonderful education and employment opportunities we have in the Coastal Bend. In fact, in 2007, through the cooperation of the Craft Training Center, community colleges, industry partners and other training providers, more than 1,000 individuals received training while working (which enhanced their skill level), over 10,000 students in the Coastal Bend learned about job and training opportunities through the Community Workforce Development Partnership effort, and best of all, industry and education alliances have been strengthened. We will continue to work collaboratively as we address our workforce needs now and in the future. The partnership will work with our emerging electric generation industry to ensure we have a trained workforce that is ready to meet employment needs. With an emphasis on "growing our own" skilled and successful workforce, we will keep the Coastal Bend competitive in the global economy. REQUIRED COUNCIL ACTION: None. —451— , JoAnn Hooks ` Director of Education Initiatives Dr. Anne Matula L a) O a) U 0) c c L U a) CU c 0 O U a 0 lz U O O S c O < U a, L 9- C� G Kiewitt Offshore Services as c E _= to O Q E c E c C N co = H W O W O 2 Q • • • • • • • • s Resources 0 o a) O _ 73 N c - N O a • • • • • • • • Port of Corpus Christi as c MarkWest Jaye 0 0) 0) z Projected Workforce Renewa # Openings by skill per year, next 5 years O N 7! 2 o8 0 rn =» "Building Trades 1 cci).) ''00� 1 I 1 , 1 ce � .i ow o N- coo L a 0 N 0 0 'b'4 ya , O bA tit •• 0 CC C le Cie CS L Lcc ase CC EL) ca 4) X 4) c 4) O Fr Q W Fr W 0_ O c .c 4) a 0 0 0 O to O O ca ID 0 0) c ca a 0) 2 • • O O O 0 O O O O O C L L 0 N. CO r t t t ry 1 O O 0 6 6 6 co co ti 405- 405- e- perience & ation 2 year d 4 year d Req n Engineer 0 IC 3ess hnici (I) 0 im 0 Workforce Solutions, PICC, CC Chamber, Educators • • 0 0 73 D c Crs 2 E E Crs Crs c 0:1) ID (/) C tkri C3) (se a) 73 c . CO -0 C C = a) rn as 12 5 0 _i_. 2 (3) 73 CO CD C CO Ca ° >+ p i3- 0 tt C _Q > CO a) o c -5. •_ (1) 8 a oc v as ) .) ..._, 45 E :1-• .a 2 cie 0 0_ co a; co 1-.) 0 0 2 D a) c 5 0 o o_ w Da) s o_ c 0 CZ 0_ C 0 0 0 0 C 0 - C7) : c), n cs a) CO c.) c) > a) 92 CO cp a) E c (3) 73 a) 0 b n .cr) 1 co — Focused at Jr. and High Schoo Workforce Summits <..:.:.: .:::::...... — 3rd annua E O cu cu 0 E ca L o 0 L a R a 1 sa5 -0 C ca ca a) — ca UE. 0a) caw l- c 0 - AC.) co U Z Z �� W ti ca z o Q2 _c 2 a� 4--' 4— • Co Co j Co CO a O N — a_ co a)U c F o �.c 2 ca O D as CO 73 .C1 a (Da) o _ ca a. c CO U U U N co =(n73 -0 W CO .- 4) a N U Q c — U c 2 O ca CO j Q U E 2 773 -0 as as c�a ) .c C o co / C +' C - E }, . O o_ 0 2 2 = ca E U i % co _= = Q° c) (n w e .c a 0 • • • 0 Ca 0 0 0 C 0) 0 e 0) • 1 co N U >O .s_ > O U 0co I LL O U co 06 U N as c to O) D as . (a p _c O N as LI- 4) 4) 2 E .aQ O Q W 0)0) ••U -0 Q Z 2 Ne. .i E 0 O= ti N c = > 0U N O+ O•L- U C Q .2 O O Y >U N M ndustry experience in the craft. Teacher requirements: D a) ca ca a) 1 U o c ca .) cm fr o w 0_ 0 • O c Z . E ▪ E 0) Q) C N co o ca z U co N (i V J E o Q o zt co oc O ca • • • • 1 _ • 2 Z • v t E ) 0 Z E i E co 0` V C ■ `^'`] ^`^'`] ) v 32 CD Eiji) 0_1 CD o _1 -1 1 ID -K, 4%4..1 1 CD "i 1) LI L 0 !D ▪ w -, Ill 1 . , 0 Ll P Ill '- IU �~ >~ 0 111 `1 P `, 0 _Ll _Ll L1 Ll L1 1_1 _Ll L1' 1 1I1 L_ P Ill '~ 0 0 i,1 1.-- 1 Ill 1.1 • Ili `-� \ 10 1�v , 1_, _l- -1 -1 'L, 1 �� 1 ▪ 11 �1 L1 l_, 5: A �1 L t -,1-_-_, a -�, � 1 _- - 1 i t 1 111 L� � 1 � 1 Ill -\ 0 1:1 , - _ ,� 111 11▪ 1___ -1) 111 _� 1 \ -L1 11 1• 0 1 0 O • _ 1 - 0 11 111 _, L� 1.1 l" j1 0 1- L1 P �- 1 X110 111 Ill 111 111 11 P �� _ 11 S 1 _t, _t, 1 `-) I L 1 l�1 1- 1- 1 • Ll Ll l 1 10 0 _1_, 171 1 11 1 10 1 Ll I Ll 11 • L1 L1 1 �1 111 _L1 1.0 - L� L1 1 -1 I U i 0 �1 l�1 111 ;� 1� ll� 111 11 1 11 �� _L .� L1 L1 1- 1 111 L �1 �� 111 111 1.1 Ill 1P 11 L ■ 1 X11 � 111 • L 11 i ` 111 L. ~ 1 - �� X11 0 - `1`�..._ P :1 - 0 11_1 _ - ` L l 10 -1 11 1 IU - 0 i1 �� -1 1 • ", 1 11 �>, 11 1� _ LT Ill Ill IU 111 Ill 0 1 _L1 111 _L1 1, - -L1 \ -L1 L l (_ 11 -u � _h (p) 0 -- X 11 P v L �1 1 ` i ti `, .� i 1 11 L- 1 1 111 ``� i 1 Ln 1 _ n ,- �0 '-' L1 L� L1 1• 11 1 � A V \_ 1 �,-, L� 111 1 -N,� 0 17) LT) 111 0 L1 7-1 1 t11 L1 11 1 11_1 J1 1, 11 ' 1`!1 1� 11. 1 L- Ill Ll 5 Vl1 N, 1T l 1 0 CM _j- '- 0 0 0 0 n L1 �1 L1 L1 L._1 _L1 M Th, ~ N 0 N ail C‘.1 l_, 1 L 1, 1 1 al 1 � � c111 ' �- �Z l KO �� �L� v1 N - _La C � c �� — ) LT 1 ,J ` , _L1 ;, a) , ti 0 1 Zi _L) 1 _1 1 V l l.) 1 tET IA__ L� LA1 L C —) J, L' 1 v I l L� �i l -� - \i Li1 �. ' Lit L) 1 l�l l� kn L0 1 LL� 1 :.� f l� : L 1 L� -, ti L D L_� L.) L�1 L.) � ' hTh CO L L, , _i `1 _] —n C�C� _L] _i 1 �L 1 L -�� l -�� LL� L -L7 1 L) L_) _ L - L) _L — ) L • �1 0 1- l 1 I 1, L� l �� Li, �� 1 (l) �� J (l) ll J � lL� . CD D__, Z) l - ) > ,: L1 T O n —• n i �� —• n I l) —n gill �� c_ ` �� L) L� L ) L 1 1 1 1 • 1 1 L1 1 L,-..) L,l L11 Ln 31 li li c �� ■ i Lll 1A1 ■∎.1-- 'T L_, L , _1_, L.) - 1 CS L1 C1 LO 0 0 L, L, L1 df) L1 0 1 1 -L, H 0i1 - -).L1 LIl , .j C'1 l7) LI 1 :\' 1 1A1 1 0 0 L" 1 1 \ \ ""-•-,. \ \ \ 1 1 1 Li «11 LIl L--; 1 L[-) : J �0 0 — 0 _� _� 0 0 1 1 1 1 L>, L>, L>, d) l� P L1 L1 L.D _L1 _L1 _Ll _L1 Ill 0 n 1 LT) 0 L, L1 �� 1 fl _1 11) I�1 �_ ,■1 `1 11) 11) , ",- 1 L1 - _- IL1 -Lt 11) 1 ` � 11 1 _ i dl _ ,U ,L1 11) - ` -1 Ll, L� 11) ) _L L 1 , _�- ll1)��� A, - 11) c, �� 1-) � � ,�1 —� =, n 111 1-1 11) L^ 1 _ l L1 11 ,� C�-) �' L1 � -� l.J 11 ~ L1 IL1 11 11 1II 1) L, Ll �1 11) Th LL1 -) 11 L1 11) - �1 L 1, 1. I ,l1 Ln j -a 111 L1 -- 11l 1, J Ill - _ L' C 1 -1 \` 0 `1 d d L _ 1 1 1 TH : `1 1C 111 - Lc_ l „- \ IT_ 0- 1, _d _ -1 1, ,�1� ��P 1) 1Ti>� 1 w 111 111 11) ��l i y,l 1 1� L, _ 1 i ; 0 11) 111 ILl -j _1 _Lt l_1 ▪ �� _L1 11 - 1 L1 _i \ ` 111 _Ll L1 A 11 C 0 L1 L1 �' L__ 1 Il1 `1 1, 11) _L1 \ �1 ,- l ■L1 1 - Ll ,_ - _L� 1 l 1 111 - 1 1 IC - ,l1 1 0 ,l1 0 1)) is - —1 - Ill - 11) — K._1 NI - c_.) L_, L1 _1_1 L1 � L I0 1 a0 �1 111— 0 I�1 �1 �) �1 , ' ,T1 L1 11) I�1 1 -1 IL1 1 0 1 Ll L� 0 'DI L1 c- 11) 1 �'L, D. L 111 l— �1,7 _), 1 �l 1 ,L 1 I.1 j l 1 ,, _- -j IT j — `1 1 11 - 11) I�1- 1.>, _1 ,�1,» ) L 1 0 j n A Ll _ -- 1 .t - 1 1 ,� L ■ _7_t ,i1 L, ,— ,�1 11) ,_, Il1 L 11 • 11 11) ,H �1 111L� ) �1 - JP -1 LT n IL 1 �1 11 �1 #L_� �l IC 11 j 11 tit I�1 I�1 1) ▪ -� - L �1 =1 �1 L 0 0 -� ->_ ,c H » - 1 LL>� �_ ' j -L1 L, 1-1 0 0 0) I '= Ii L. 0 U 0) 0 its U_ y, cu9 co a) C U a3 U Cl i 1 L .I) 0 a1 (h II— LT) al c,71 di l,l tit H U a) _Lt Di„ (h 1 al •L 7) LL' d) a) (l —1 L' C_l �� LL 11_ 1 _1/4_, 1 111 li� l ll) - Cl 1_, L al -1 -1 cZ) t �) �Z7 L 1 �1 -� - t1, _1_1 ( l 1 X) ' r l� � !� n � j I� ; L' (l1 -1 l� 1 �l �� Ll ,� L1l - L1l (0 - _L1 al C- 0 Li- MI - U - _L; a) L1 (,._) tu, _ L 1 _L1 lI__ ll) cU _1 (- 7.) ,- M - L1 t>_ Li CL 1 t1 C� ) -) - '(l, (l_.) l /-) ▪ <� -� L I (0 t� _C NS 1 33 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/13/08 AGENDA ITEM: Presentation on status of the impervious surface calculations for the storm water drainage utility. ISSUE: Staff will present to Council a report on the status of the storm water drainage utility impervious surface calculations. REQUIRED COUNCIL ACTION: No Council action is required. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop with City Council regarding the new Water Utility rate model, staff was directed to come forward with rates for the establishment of a Storm Water Utility. On December 18, 2007 Council directed staff to move forward with an ERU -based ( "Equivalent Residential Unit ") rate model and passed a Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009; and approving the design concepts for new water and storm water rates. On January 29, 2008, staff presented to Council various policy recommendations for consideration and received direction. On February 12, 2008, Council approved a Resolution setting the date of the Public Hearing for the utility creation ordinance of April 8, 2008. A Public Hearing regarding the proposed ordinance was held on April 8, 2008 in accordance with Council recommendation. On April 29, 2008, the first reading of the ordinance creating a storm water utility was approved. The second reading of that same ordinance was held on May 13, 2008. On August 26, 2008, City Council approved a contract in the amount of $124,935 between the City of Corpus Christi and HDR Engineering, Inc. for final calculations of impervious surface and further development of the storm water billing data base. CONCLUSION AND RECOMMENDATION: No Council ct on is required at this time. ector of Sto Water Operations Attachments: Background Information Presentation -465- BACKGROUND INFORMATION On December 18, 2007, the City Council approved a Resolution declaring its intent to establish a storm water utility system for implementation in Fiscal Year 2008 -2009. The utility was created on May 13, 2008 with the second reading of the Ordinance establishing a Storm Water Utility. Implementation of a storm water utility charge to be based on impervious surface rather than impervious proxy is scheduled for August 1, 2009. On August 26, 2008, Council approved a contract between the City and HDR Engineering, Inc. for services regarding both the finalization of development of impervious surface information as well as further development of the utility policies, charges, etc. HDR Engineering subcontracted with Sanbom to perform the calculation of impervious surface area. Aerial photography has been completed and Sanborn is currently completing preliminary work on the digital photographic data. The next phase of this project is to identify areas as pervious or impervious. The project's aggressive timeline requires that this process begin by October 30, 2008. The presentation to Council on October 28, 2008 is to give a status report on progress thus far and to confirm the types of development/property which will be considered pervious or impervious. —466— U C L 0 QJ 0 U -o J U 0 0 c D 2 0) 0 ro Do 0 :-- L O cU �L p ra V v ro 0) Q E c O U a) c CU 0 0 -c c ru t U v) L Q rc c LJJ cu C Q D U E U City of Corpus = Chnsti -472-