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Agenda Packet City Council - 07/28/2009
11:45 A.M. - Proclamation declaring Saturday, August 1, 2009 as "Feria De Las Flores Day" Proclamation declaring July 31 — August 2, 2009 as "51h Annual Diabetes Continuing Education Conference Weekend" Commendation: "In Recognition of Our Legislative Delegation's Efforts on Behalf of the Citizens of Corpus Christi During the 81' Legislative Session of Texas" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 JULY 28, 2009 8:30 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. 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 inglds es limitado, habra un intdrprete ingles- espaiiol 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 Joe Adame to call the meeting to order. B. Invocation to be given by Pastor Mark Montgomery, Grace United Methodist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Joe Adame Mayor Pro Tem Kevin Kieschnick Council Members: Chris N. Adler City Manager Angel R. Escobar Brent Chesney City Attorney Mary Kay Fischer Larry Elizondo, Sr. City Secretary Armando Chapa Priscilla Leal John Marez Nelda Martinez Mark Scott Agenda Regular Council Meeting July 28, 2009 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) E. MINUTES: 1. Approval of Regular Meeting of July 21, 2009. (Attachment # 1) F. PRESENTATIONS: 2. City Economic Incentive Policies for 2009 -2010 (Attachment # 2) 3. Governmental Accounting Standards Board (GASB) Statement No. 45 — Other Post Employment Benefits — How it Affects the City's Budget and Insurance Premiums (Attachment # 3) G. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. PLEASE LIMIT PRESEN- TATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) 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. Agenda Regular Council Meeting July 28, 2009 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) H. EXECUTIVE SESSIONS: 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. 4. Executive session under Texas Government Code Section 551.071 regarding Sherman King and Jenny King vs. Juan Gabriel Salinas and the City of Corpus Christi, Texas; Cause No. 07- 4268 -E; in the 148th Judicial District Court, Nueces County, Texas, with possible discussion and action in open session. 5. Executive session under Texas Government Code Section 551.071 to conduct a private consultation with its attorney regarding Nueces County Water Control and Improvement District No. 4 v. The City of Corpus Christi, before the Texas Commission on Environmental Quality, Original Petition Appealing a Wholesale Water Rate and Request for Interim Rates, with possible discussion and action in open session. 6. Executive session under Texas Government Code Section 551.074, Personnel Matters,'for deliberations regarding the appointment, employment, evaluation, reassignment, duties, discipline, or dismissal of Municipal Court Judges with possible discussion and action related thereto in open session. I. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 7) 7. Corpus Christi Convention and Visitors Bureau J. 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 Agenda Regular Council Meeting July 28, 2009 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) agendas are incorporated herein for reconsideration and action on any reconsidered item. K. 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.) 8. Motion approving the purchase of three (3) tractor loader backhoes in the amount of $187,366; and the lease purchase of one (1) articulating wheel loader, three (3) mini track excavators, and two (2) tractor loader backhoes in the amount of $357,401.11 fora grand total of $544,767.11. The equipment is awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0182 -09, based on low bid, low bid meeting specifications, and best bid. The construction equipment will be used by the Water and Gas Departments. All units are replacements to the fleet. Funding for the purchase of the equipment is available in the Capital Outlay Budget of the Maintenance Services Fund. Financing for the lease purchased equipment will be provided through the City's lease /purchase financing contractor. (Attachment # 8) Anderson Machinery Corpus Christi, TX Line Item: 1 $119,946 Robstown Hardware Robstown, TX Line Item: 3 $34,816 Valley Ditch Witch Corpus Christi, TX Line Item: 2 $121,909.11 H & V Equipment Corpus Christi, TX Line Items: 4, 5, 6 $268,096 Grand Total: $544,767.11 Agenda Regular Council Meeting July 28, 2009 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 9. Motion approving the purchase of one (1) tractor mounted slope mower and one (1) long reach hydraulic excavator from the following companies for the following amounts based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, for a total amount of $335,686.58. The equipment will be used by the Storm Water Department. Both units are replacements to the fleet. Funding is available in the Storm Water Maintenance and Operations Budget in FY 2008 -2009. (Attachment # 9) Alamo Sales Corp. Sequin, Texas Line Item: 1 $86,474.58 Waukesha Pearce Industries, Inc. Houston, Texas Line Item: 2 $249,212 Grand Total: $335,686.58 10. Motion authorizing the purchase of specialized equipment for a total amount of $138,698.38 utilizing funds from the 2007 Homeland Security Grant awarded to the City of Corpus Christi and budgeted in the Fire Grant Fund 1062. (Attachment # 10) 11. Motion approving the purchase of hardware, software, and services to upgrade the public safety radio equipment to 700 Mhz from Dailey & Wells, of San Antonio, Texas based on sole source for a total expenditure of $498,526.69. Funds are available through the Public Safety Interoperability Communications Grant. (Attachment # 11) 12. Resolution authorizing the City Manager or his designee, to execute a renewal of Interlocal Cooperation Agreement with Del Mar College for the Fire Department to use the College's Training Field. (Attachment # 12) 13. Resolution authorizing the City Manager or his designee to submit a grant application in the amount of $35,000 to the Coastal Bend Council of Governments for recycling and anti - litter education and to execute all related documents. (Attachment # 13) 4 Agenda Regular Council Meeting July 28, 2009 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 14. a. Resolution authorizing the City Manager or his designee to accept additional grant funding in the amount of $2,140, from the Coastal Bend Council of Governments and to execute an amendment to the existing grant agreement to provide recycling and anti -litter education. (Attachment # 14) b. Ordinance appropriating $2,140 in additional grant funding from the Coastal Bend Council of Governments in the No. 1051 Solid Waste Grants Fund to provide recycling and anti - litter education. (Attachment # 14) 15. Resolution by the City Council of the City of Corpus Christi requesting financial assistance from the Texas Water Development Board in the amount of $8,000,000 for the planning, design, and permitting of a pipeline and related facilities between the Colorado River and the Mary Rhodes Pipeline pumping facility at Lake Texana; authorizing the filing of an application for assistance; and making certain findings in connection therewith. (Attachment # 15) 16. a. Resolution nominating Citgo Refining and Chemicals Company, L.P., to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a triple jumbo enterprise project, under the Texas Enterprise Zone Program under —the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. (Attachment # 16) b. Resolution nominating Valero Refining — Texas, L.P., to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a triple jumbo enterprise project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code. (Attachment # 16) 17. Resolution authorizing the City Manager or his designee to execute a contract for the collection of delinquent special assessments, demolition, and weed lien accounts with Linebarger, Goggan, Blair & Sampson, LLP for a fee of 25% of principal and interest collected on delinquent accounts turned over to law firm. (Attachment # 17) • Agenda Regular Council Meeting July 28, 2009 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 18. Motion authorizing the City Manager or his designee, to execute a professional services agreement with HDR Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $188,900.00 for the Landfill Gas to Energy Development Assistance. (Attachment # 18) 19. Motion authorizing the City Manager or his designee to execute a construction contract with KJM Commercial of Corpus Christi, Texas, in the amount of $957,500 for the Heritage Park Cultural Center Historical Preservation /Renovation project for the Total Base Bid plus Additive Alternate No. 1. (Bond Issue 2008) (Attachment # 19) 20. Motion authorizing the City Manager or his designee to execute a construction contract with Ram -Bro Contracting, Inc. of Robstown, Texas, in the amount of $500,885 for ADA Ramp and Sidewalk Improvements for Street Overlays Part A (Clusters 1 & 3), Part B (Cluster 2) and Part C (Cluster 4) for the Total Base Bid. (Attachment # 20) L. PUBLIC HEARINGS: (NONE) M. LEGISLATIVE UPDATE: 21. End of Session Report — 81st Legislative Session (Attachment # 21) N. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 22. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 2, Article V, Code of Ethics, regarding conflicts of interest, gifts, financial disclosure reports, ethics commission duties, and disclosure of interests; providing for publication; and providing an effective date. (Attachment # 22) 23. Resolution authorizing the City Manager or his designee to submit a competitive funding application to the National Telecommunications and Information Administration (NTIA) for Broadband Initiatives Program (BIP) and Broadband Technology Opportunities Program Funding (BTOP) under the American Recovery and Reinvestment Act of 2009 and execute all related documents. (Attachment # 23) Agenda Regular Council Meeting July 28, 2009 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 24. Motion authorizing the lease /purchase of equipment, acquisition of technical consulting services, and five (5) years of support and maintenance from Tropos Networks of Sunnyvale, California for support of the City's automated meter reading system and wireless network for a total of $1,767,645. This acquisition will be financed for a period of 5 years by Frost Financial Services of Corpus Christi, Texas. (Attachment # 24) 25. Ordinance appropriating $2,500,000 from excess revenues in the Water Fund 4010 for increased chemical personnel materials and supply costs; changing the FY 2008 -2009 Budget adopted by Ordinance No. 027776 by increasing both revenues and expenditures by $2,500,000 each. (Attachment # 25) 26. Resolution approving the Corpus Christi Business and Job Development Corporation's Affordable Housing — New Construction Program and the program guidelines. (Attachment # 26) SPECIAL BUDGET CONSIDERATION ITEMS: Proposed City of Corpus Christi Budget FY 2009 -2010: 27. a. Second Reading Ordinance - Adopting the City of Corpus Christi budget for the ensuing Fiscal Year beginning August 1, 2009; to be filed with the County Clerk; appropriating monies as provided in the budget. (1St Reading — 7/14/09) (Attachment # 27) b. Second Reading Ordinance to ratify increase of $2,971,452 in Property Tax Revenues from last year's Operating Budget as reflected in the FY 2009 -2010 Operating Budget. (15t Reading — 7/14/09) (Attachment # 27) Proposed Revisions to the Code of Ordinances, Chapter 39, Personnel: 28. Second Reading Ordinance - Amending the Code of Ordinances, Chapter 39, Personnel, Article III Employee Compensation and Classification System, revising Section 39- 303 to include pay adjustment for Commercial Driver's License (CDL) on Pay Plan 100, update minimum wage on Pay Plan 200, adjust police management pay range on Pay Plan 300, add provision for 5% salary differential above employees supervised Agenda Regular Council Meeting July 28, 2009 Page 9 29. CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) by select positions in Pay Plan 400; modify work coordinator career ladder maximum pay ranges, change pay grades on Pay Plan 1000; revising Section 39 -304, Classified Service defined to clarify pay plans exempt from classified service; revising Sections 39 -337 and 39 -352 to clarify use of sick leave consistent with the Family and Medical Leave Act (FMLA); revising Section 39 -362 to clarify that prior service of a temporary employee shall not be considered and recognition of prior service after completion of probationary period; adding Section 39 -368 Catastrophic Leave Program; repealing all other ordinances, and rules, or parts of ordinances and rules, in conflict with this ordinance; providing for effective date and providing for severance. (First Reading — 7/14/09) (Attachment # 28) Fee /Rate Increase Adjustments: a. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 53 regarding parking fines; providing for penalties; and providing for publication; and providing for an effective date. (Attachment # 29) b. Motion to amend Section 1 of the Ordinance Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, Regarding Water, Gas, and Wastewater Rates and Fees, passed on first reading on July 14, 2009, by revising Section 55- 50(aX1)b. (Attachment # 29) c. Second Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates and fees, providing an effective date. (First Reading — 7/14/09). (Attachment # 29) d. Second Reading Ordinance — Amending Section 55 -7, "Local Exchange Access Line 9 -1 -1 Service Fee," of the Code of Ordinances, by increasing the service fees of residential, business, and business trunk local exchange access lines; providing for an effective date; and providing for publication. (First Reading — 7/14/09) (Attachment # 29) Agenda Regular Council Meeting July 28, 2009 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) e. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 29 Municipal Court, regarding Juvenile Case Manager Fee increase; and providing for publication. (First Reading — 7/14/09) (Attachment # 29) f. Second Reading Ordinance - Amending the Code of Ordinances, Chapter 21, Article 1, Section 21 -1 by revising the definition for "Can Account"; amending Article IV, Section 21 -40(a) by revising Solid Waste resource recovery fees and enacting a residential cart collection fee; amending Article IV, Sections 21 -47(a) and (b) by revising the State Agency reference and the Municipal Solid Waste System service charges; providing for an effective date; providing for publication; and providing for penalties. (First Reading — 7/14/09) (Attachment # 29) g. Second Reading Ordinance - Revising Section 55- 70(9), Code of Ordinances, City of Corpus Christi, to increase water tap fees; providing for penalties; and providing for publication. (First Reading — 7/14/09) (Attachment # 29) O. PRESENTATIONS: (NONE) P. CITY MANAGER'S COMMENTS: (NONE) Q. 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; O 0 p.m., on July 23, 2009. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by the Friday. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2009 -2011 (_ WATER City of Corpus Christi Economic Development Strategic Plan Coliseum Plan Development Process Improvement Support Public Safety Garwood Water Plan Develop Street Plan Community Pride Sustainability and Renewable Energy 1 MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting July 21, 2009 - 12:00 p.m. PRESENT Mayor Joe Adame Council Members: Brent Chesney Larry Elizondo, Sr. Priscilla Leal John Marez Nelda Martinez Mark Scott ABSENT Mayor Pro Tem Kevin Kieschnick Chris Adler City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Adame called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Mayor Joe Adame and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. 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 Adame called for approval of the minutes of the regular Council meeting of July 14, 2009. A motion was made and passed to approve the minutes as presented. *** ** * * ** * * * Mayor Adame called for petitions from the audience. Carolyn Moon, 4902 Calvin, spoke regarding the drought condition in the City and the water supply to be used by the Las Brisas Plant. Joe Schank, 324 Bayshore, spoke on behalf of the Art Museum of South Texas and asked that the Museum be included in the discussions regarding improvements to the seawall. Gerald Sansing, 5426 Chevy Chase Drive, asked the Council to allow the Clean Economy Coalition to address the Council on the Las Brisas issue. Colin Sykes, 309 Aberdeen, spoke regarding the Las Brisas plant and the problems the plant could produce. Foster Edwards, Corpus Christi Chamber of Commerce, invited the Council to attend the Spirit of Texas Business Awards on August 12th honoring small businesses in Corpus Christi. Wilson Wakefield, 6026 Killarmet, asked the Council to consider listening to Dr. Wes Stafford's report on the Las Brisas plant. Dr. Bruce Taylor, 3370 San Antonio, stated that he is concerned about the health of the community and children due to increased pollution from the Las Brisas plant. Ron Hamilton, 3636 South Alameda, spoke regarding Las Brisas and homelessness. Joan Veith, 5701 Cain Drive, spoke in support of the firefighters and police officers and asked the council to reconsider funding GASB 45. Jeremy Barnes and Veronica Gonzalez with the Boy Scouts in Corpus Christi spoke regarding the activities involved in the Centennial Anniversary of the Chartering of the Boys Scouts including a city wide cleanup. Sheila Cudd, 7106 Fort Collins, spoke regarding the issue of water conservation. Mayor Adame asked staff to provide an update on the water conservation plan. Ray Madrigal, 1113 18th Street, requested that the plaque that was removed from the Memorial Coliseum honoring the veterans be reinstalled to its original place. Juan Araiza, 5921 Shadow Wood, asked the Council to reconsider and vote on the Memorial Coliseum —1— Minutes — Regular Council Meeting July 21, 2009 — Page 2 issue to allow the petition process to get started. David Noyola, 4432 Valdez; suggested that the plaque for the Memorial Coliseum be removed from storage and displayed at City Hall. Mike Staff, President of the Corpus Christi Police Officers Association, spoke regarding the funding of GASB 45. Mary Ann Kelly, 4302 Schanen, asked the City Council to challenge the Park and Recreation department to come up with a plan to get the community excited about cleaning up the City. Carlos Torres, President of the Corpus Christi Firefighters Association, stated that he would like the attendance roster, agenda, and minutes of the meeting held regarding GASB 45 and suggested that the Council delay the vote on the increase for the firefighter insurance. J.E. O'Brien, 4130 Pompano, spoke regarding revenue bonds; the proposed increase in utility rates; and the issuance of tax notes. * * * * * * * * * * * * * MayorAdame announced that the executive sessions would be postponed until the July 28'" meeting. 2. POSTPONED UNTIL JULY 28, 2009 thereto in * * * * * * * * * * * * * Mayor Adame referred to Item 2 and the following board appointments were made: Building Code Board of Appeals Chris Hamilton (Appointed) Mechanical /Plumbing Advisory Board Robert Ross Pate (Reappointed) James Michael Dildy (Reappointed) David Mathew (Appointed) Julio Sanchez (Appointed) Karim I. Salighedar (Appointed) Billy Largin (Appointed) Leadership Committee for Senior Services Marilyn J. Upmanyn (Appointed) Lindsey Edwards (Appointed) Patricia Byrd (Appointed) Planning Commission Rudy Garza (Reappointed) John C. Tamez (Reappointed) Evon J. Kelly (Reappointed) * * * * * * * * * * * * Mayor Adame called for consideration of the consent agenda (Items 4 — 17.1.). City Secretary Chapa announced that Items 17.1.a. and 17.1.b were added to the consent agenda on a supplemental agenda. There were no comments from the public. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2009 -195 Motion approving the lease purchase of a 911 Emergency Call Center network upgrade from Positron Public Safety Systems, of Montreal, Quebec, Canada for a total amount of $413,868.10. The award is based on the cooperative purchasing agreement with the Houston Galveston Area Council of Governments (HGAC). This upgrade will enhance the services provided by emergency call takers and dispatches. A portion (35 %) of the funding is available in the operations budget of the Police Department with the balance (65 %) to be -2- Minutes — Regular Council Meeting July 21, 2009 — Page 3 financed through the City's lease purchase financing provider, pending the approval of the Police Department's FY 2010 Operating Budget. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnickwere absent. 5.a. MOTION NO. 2009 -196 Motion authorizing the City Manager or his designee to accept a grant in the amount of $136,500 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnickwere absent. 5.b. ORDINANCE NO. 028232 Ordinance appropriating $136,500 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. 6.a. MOTION NO. 2009 -197 Motion authorizing the City Manager or his designee to accept a grant in the amount of $394,454 from the Texas Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 9 with a City cash match of $383,778, in -kind services of $14,019, and program income cash match of $18,698, for a total project cost of $810,949 and to execute all related documents. The foregoing motion was passed and approved with the following,vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. 6.b. ORDINANCE NO. 028233 Ordinance appropriating $394,454 from the Texas Automobile Theft Prevention Authority (ATPA) in the No. 1061 Police Grants Fund to continue the motor vehicle theft enforcement grant in the Police Department. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler and Kieschnick were absent. 7. ORDINANCE NO. 028234 Ordinance appropriating $63,454.14 in developer contributions and $10,424.84 in interest earnings for a sum of $73,878.98 in the No. 4720 Community Enrichment Fund for park improvements. -3- Minutes — Regular Council Meeting July 21, 2009 — Page 4 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. 8. ORDINANCE NO. 028235 Ordinance appropriating $1,300,000 of the Unreserved Fund Balance in the General Fund No. 1020 for the transfer to the Development Services Fund No. 4670; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 by increasing expenditures in the General Fund No. 1020 and revenues in the Development Services Fund No. 4670 each by $1,300,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler and Kieschnick were absent. 9. ORDINANCE NO. 028236 Ordinance appropriating $2,010,220 from the Federal Aviation Administration Grant No. 3- 48- 0051 - 045 -2009 in the No. 3020 Airport Capital Improvement Fund to construct the Maintenance /Storage Equipment Building, Phase III, Perimeter service road, Phase II; rehabilitate Terminal Building, Phase I and widen Taxiway 8-4, Phase I at Corpus Christi International Airport. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. 10.a. ORDINANCE NO. 028237 Ordinance authorizing the City Manager, or his designee, to execute an Airline Use and Lease Agreement with Southwest Airlines Company for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment with the term expiring July 31, 2014. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. 10.b. ORDINANCE NO. 028238 Ordinance authorizing the City Manager, or his designee, to execute an Airline Use and Lease Agreement with Continental Airlines, Inc. for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment with the term expiring July 31, 2014, subject to execution by an authorized airline representative. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. -4- Minutes — Regular Council Meeting July 21, 2009 — Page 5 10.c. ORDINANCE NO. 023239 Ordinance authorizing the City Manager, or his designee, to execute an Airline Use and Lease Agreement with American Eagie Airlines: Inc. for use of space at Corpus Christi International Airport in consideration of payment of fees which will be adjusted on a percentage increment with the term expiring July 31, 2014, subject to execution by an authorized airline representative. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. 11. MOTION NO. 2009 -198 Motion authorizing the City Manager, or his designee, to execute a Contract for Professional Services with LNV Engineering of Corpus Christi, Texas in the amount of $527,223, for design, bid, and construction phase services for Wooldridge Road from Rodd Field Road to Quebec Drive. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnickwere absent. 12. MOTION NO. 2009 -199 Motion authorizing the City Manager, or his designee, to execute an engineering materials inspection, testing and laboratory services contract with Professional Services Industries, Inc. (PSI) of Corpus Christi, Texas in an amount not to exceed $51,513.00 for the Corpus Christi International Airport Airfield Perimeter Road Improvements. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnickwere absent. 13. MOTION NO. 2009 -200 Motion authorizing the City Manager or his designee, to execute a construction contractwith Cactus Utility 2, LLC of Corpus Christi, Texas in the amount of $275,697 for the O. N. Stevens Water Treatment Plant Connection of Sedimentation Basins 1 and 2 Drain Line to 60" Drain Line for the Total Base Bid. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnickwere absent. 14. MOTION NO. 2009 -201 Motion authorizing the City Manager or his designee, to execute Change Order No. 4 to the construction contract with Environmental Specialties International of Baton Rouge, Louisiana, in the amount of $123,842.86 for a restated not to exceed total contract of $6,962,798.86 for the J. C. Elliott Landfill Final Cover System (Phases 4 -6) and Landfill Gas Collection System. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler and Kieschnickwere absent. -5- Minutes — Regular Council Meeting July 21, 2009 — Page 6 15. MOTION NO. 2009 -202 Motion authorizing the City Manager or his designee to execute a construction contract with Constar Construction of Victoria, Texas, in the amount of $127,128 for the Palmira Avenue Improvements — Encantada Avenue to Pescadores Drive. (BOND ISSUE 2008) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. 16. MOTION NO. 2009 -203 Motion authorizing the City Manager or his designee, to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas, in the amount of $76,589.23 for Roof Replacement at the Oso Wastewater Treatment Plant Administration Building. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnickwere absent. 17. MOTION NO. 2009 -204 Motion authorizing the City Manager or his designee to execute a construction contract with Garrett Construction Company of Ingleside, Texas, in the amount of $167,582.20 for the Padre Island Aesthetic Development Phase 1 for the Total Base Bid and Additive Alternate No. 1. (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnickwere absent. 17.1.a. MOTION NO. 2009 -208 Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Goldston Engineering, Inc. a CH2M Hill Company, of Corpus Christi, Texas in the amount of $141,334 for a total re- stated fee of $186,664 for Laguna Madre Inflow and Infiltration (I & I) Sanitary Sewer Manhole and Gravity Collection Line Replacement/Rehabilitation. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnickwere absent. 17.1.b. MOTION NO. 2009 -209 Motion authorizing the City Manager or his designee to execute a construction contract with H & G Contractors, Inc., of Corpus Christi, Texas in the amount of $1,400,000 for Laguna Madre Inflow and Infiltration (I & I) Sanitary Sewer Manhole and Gravity Collection Line Replacement /Rehabilitation. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnickwereabsent. Minutes — Regular Council Meeting July 21, 2009 — Page 7 Mayor Adame opened discussion on Item 18 regarding the ad valorem tax rate. Interim Director of Finance Constance Sanchez provided a brief overview and explained that this item sets the date for adoption of the ad valorem tax rate of $0.563846 per $100 valuation and two public hearings. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 18.a. MOTION NO. 2009 -205 Motion setting September 8, 2009 as the date of the adoption of the ad valorem tax rate of $0.563846 per $100 valuation. The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye"; Adler and Kieschnickwere absent. (Note: Ms. Martinez originally was absent for the vote and asked for the Council's concurrence to include her vote. Council concurred with her request) 18.b. MOTION NO. 2009 -206 Motion setting a public hearing on the ad valorem tax rate for August 18, 2009 and a second public hearing for August 25, 2009, during the regular City Council meeting beginning at 12:00 p.m. at City Hall, 1201 Leopard Street, Corpus Christi, Texas The foregoing motion was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. Mayor Adame opened discussion on Item 19 regarding the seawall improvement project assessment. Director of Engineering Pete Anaya referred to a powerpoint presentation including the goals; the seawall and flood protection system; history of the seawall and the salt flats levee system; the eight projects identified; seawall maintenance fund; barge dock elevation; Sunfish Island and breakwater; McGee Beach nourishment; breakwater at McGee Beach; salt flats levee system; United States Army Corp of Engineer's (USACE) bulkhead repair; marina breakwater improvements; immediate and secondary priority lists; and the status of the request for proposal process. The following topics pertaining to this item were discussed: the existing groins located at_ McGee Beach; the existing breakwater walkway repairs; funding; public outreach and input; the USACE property in Project No. 7; partnership with the Port of Corpus Christi for Project No. 7; concern that the seawall improvements were not articulated to the public when the Council requested support from the voters on this project; using the remaining funds to establish a maintenance fund and pay off the remaining debt early; and consideration of paying off debt and returning to the voters to ask for approval of other improvements needed in the City including a long term funding source for a street maintenance program. Council Member Scott requested information on whether a maintenance fund could be established; if and how long it would take to pay off the bond debt earlier; and how soon an election can be held for the voters to consider a 118th cents sales tax for a street maintenance program. City Manager Escobar stated that staff would prepare the requested information and will provide options for the Council's review. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: -7- Minutes — Regular Council Meeting July 21, 2009 — Page 8 19.b. ORDINANCE NO. 028240 Ordinance appropriating $33,400.00 of Unappropriated Fund Balance in the No. 1120 Seawall Improvement Fund for expenditures relating to the Assessment of Seawall Improvements; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $33,400.00. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Adame, Chesney, Elizondo, Leal, Marez, Martinez, and Scott, voting "Aye "; Adler and Kieschnick were absent. Council Member Elizondo requested that the Council have a workshop on the seawall improvement project funds and on GASB 45 at next week's meeting. Council directed staff to schedule the workshop to include these items on July 2811. City Manager Escobar stated that staff would provide as much information as possible by next Tuesday but might need some additional time on the seawall improvement project funds. Council Member Martinez also asked staff to include the 30% increase in the health insurance for the firefighter premiums at the workshop. Mayor Adame opened discussion on Item 20 regarding an agreement with SMG to manage the American Bank Center. City Secretary Chapa announced that Council Member Chesney would abstain on the discussion and vote on this item. Assistant City Manager Margie Rose introduced the presentation team including President of the Corpus Christi Business and Job Development Corporation (4A Board) Eloy Salazar; CEO of the Convention and Visitors Bureau Keith Arnold; Assistant City Attorney Veronica Ocanas; and Interim Assistant City Manager Cindy O'Brien. Ms. Rose also introduced Susan Sieger, the consultant for this project. Ms. Rose referred to a powerpoint presentation including the makeup of the facility; the existing contracts; background; the establishment of the committee; solicitation of the consultant; Crossroads Consulting Team; the consultant's scope of services; goals and priorities of the American Bank Center; and a summary of the key points in proposed agreement. The following topics pertaining to this item were discussed: the solicitation of proposals in the third year; management of utility payments; the capital contribution of $100,000 from SMG for capital improvements to enhance the facility; reducing rates for non - profit organizations; equipment issues with the Selena Auditorium; the City's costs for the arena; the amount spent last year on the arena; the economic impact of the facility; restructuring the management fee to be more performance based; the incentive fee; unexpected charges; accountability for charges such as parking fees; establishing a facility surcharge or facility fee to tickets; the rate of return on the facility; and whether parking fees are charged to persons with disabilities. Council Member Scott requested a copy of the economic impact study for the facility. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 20. MOTION NO. 2009 -207 Motion authorizing the City Manager or his designee to execute a new five year agreement with SMG to manage the American Bank Center under new fees, terms and conditions, including but not limited to terms that (1) give SMG the duty to manage all Foodservices at the Facility, including alcoholic beverage services; (2) give the City right to terminate the Agreement after the third year; and that (3) acknowledge that the City shall solicit proposals from other venue management firms sometime during the third year of the Agreement. -8- Minutes — Regular Council Meeting July 21, 2009 — Page 9 The foregoing motion was passed and approved with the following vote: Adame, Elizondc, Leal, Marez, Martinez, and Scott, voting "Aye "; Chesney abstained; Adler and Kieschnick were absent. Mayor Adame referred to Item 21 regarding the results of the Police Resource Allocation Study presented by Etico Solutions. Acting Chief of Police Mike Walsh explained that in November 2007, the City Council and the City Manager allowed the police department to proceed with a study of the police department staffing. Chief Walsh introduced Tim Freesmeyer with Etico Solutions. Mr. Freesmeyer referred to a powerpoint presentation including the study parameters; expectations; risks; reasons for selecting an outside vendor; the four (4) major themes; management styles; the current and suggested organizational structure; decentralization; equipping the newly formed district commanders; agency goals; employee accountability; budget lines versus supervisory authority; employee availability; divisions studied; uniformed patrol; recommended change in work scheduling (2- 2- 3 -2 -2 -3 schedule); criminal investigation division; actual travel distance for detectives; special services; the training division; professional standards; Metrocom; building and maintenance; central records; forensic services; reorganization costs; pictures of the substations; and increased staffing needs. The following topics pertaining to this item were discussed: examples of other agency goals that Etico has worked with; resistance from veterans that have earned seniority for weekends off to the 2- 2- 3 -2 -2 -3 schedule; funding for additional officers; whether the study focused on how the City can be more efficient with the current resources; the organizational structure; accountability; current overtime in Metrocom; reducing costs by civilianizing positions that do not require sworn officers; the appointment of a new Chief of Police; goals that can be implemented immediately; and technology. City Manager Escobar introduced Interim Chief of Police John Moseley. City Manager Escobar announced that staff would provide an update in September. Mayor Adame called fora 5- minute break. * >* x x x x :: • x* x Mayor Adame referred to Item 22 regarding funding of the wastewater treatment plant expansions. Interim Assistant City Manager of Development Services Johnny Perales referred to a powerpoint presentation including financing options; utility rate revenues; capital cost estimates related to expansions; impact fees; qualified impact fee expenditures; what impact fees may not be used for; maximum fee per service unit; timing of collection of fees; other fee considerations; entitlement to services and refunding of fees; authority for city participation; adoption process; capital improvement plan requirements; the advisory committee functions; the advisory committee membership; annual compliance certification; periodic updates required; and the preliminary impact fee estimates. The following topics pertaining to this item were discussed: the factors that need to be in place to initiate impact fees; preliminary impact fee estimates; whether impact fees can be implemented right now; the combined acreage fees for water and wastewater; doubling impact fees for new development; how the city currently funds expansion improvements; how to use existing revenue funds and have affordable development; next steps; the maximum fees that can be assessed; and the feasibility of the implementation of an impact fee based on the city's current rate of growth. -9- Minutes — Regular Council Meeting July 21, 2009 — Page 10 Council Member Martinez requested information on other comparable cities that are using impact fees and how other cities are funding wastewater treatment plant expansion. Mayor Adame referred to Item 23 regarding an update on the adoption of the Unified Development Code (UDC). Interim Assistant City Manager of Development Services Johnny Perales referred to a powerpoint presentation including the background; primary sections of the code; timeline; remaining items to be completed; workshop focus; and the review process. The following topics pertaining to this item were discussed: inclusiveness with the development community; simplifying the UDC; and staff training. Mayor Adame announced that City Secretary Chapa provided information to the Council stating that the Council cannot have a workshop session and make a decision on that item on the same day. Mayor Adame reported that the July 28th meeting will commence at 8:30 a.m. beginning with the presentations on Economic Development, GASB 45 and health insurance. There being no further business to come before the Council, Mayor Adame adjourned the Council meeting at4:38 p.m. on July21, 2009. * * * * * * * * * * * * * -10- 2 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION DATE: JULY 28, 2009 AGENDA ITEM: Economic Incentive Policies for 2009 -2010 CITY STAFF PRESENTER(S): Name Title /Position Department Irma Caballero Director Economic Development OUTSIDE PRESENTER(S): Name Title /Position Organization REQUIRED COUNCIL ACTION: None Attachments: Overview -13- Irma Caballero, Director Economic Development OVERVIEW The intention of both the City's Economic Development Office and the Corpus Christi Regional Economic Development Corporation (CCREDC) is the creation of a premier coastal communitywith sustainable growth and high quality jobs, where the environment is protected, revitalization of underutilized properties and sites occurs and existing businesses benefit from the robust economy To address this intent, City staff reviewed all incentive policies, made revisions as needed, provided for more aggressive incentives in geographic catalyst areas (CC Beach, Renewal Community, Padre and Mustang Islands), added fees, and a scorecard to analyze requests for incentives. City incentives used for the purpose of attracting new primary large and small businesses, supporting existing businesses to grow and retain employees, and helping start up businesses, are necessary because of the inherent competition between localities for businesses and jobs. The material is organized for ease of use by developers and other interested parties and is divided into seven (7) sections. When these policies are approved, a welcome from the Mayor will be included in the front section of the document. The package contains an "Economic Incentives Position Statement and Guidelines" explaining what the City wants to accomplish and how incentives are granted. This is followed by an executive summary of incentive policies with links to different City departments and staff, CCREDC staff, the full policy, an application form, and a fee schedule. Key Additions /Changes: • Identified Catalyst Areas • Revised Tax Abatement Policy • Provided for retail incentives only in catalyst areas • Gave priority to green energy projects • Required background checks, economic impact studies, and financial assurances for 380, TIF, and large retail development and redevelopment projects • Listed available Local, State and Federal Incentives • Updated "Economic Development" website • Added Application Fees For the July 28, 2009 Council meeting, the following recommendations are being considered: • Creation of a City Economic Development Strategic Plan • Development of an annual work plan for the Corpus Christi Business and Job Development Corporation Board (4A) consistent with the City's Economic Development Strategic Plan • Creation of Area Development Plans for CC Beach, Downtown, and Padre and Mustang Islands • Development of a marketing strategy for City services and benefits using the Economic Development website • Monitoring of all incentives -14- 3 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: GASB 45: Other Post Employment Benefits — How it Affects the City's Budget and Insurance Premiums STAFF PRESENTER(S): Name Title /Position Department 1. Oscar Martinez Assistant City Manager 2. Cindy O'Brien Interim Assistant City Manager 3. Cynthia Garcia Director of Human Resources OUTSIDE PRESENTER(S): Name Title /Position Organization 1. None BACKGROUND: REQUIRED COUNCIL ACTION: No action required. PowerPoint X Supplemental Information -17- Cindy O'Brien Interim Assistant City Manager CindyO(a�cctexas.com 826 -3217 4 NO ATTACHMENT FOR THIS ITEM -21- 5 NO ATTACHMENT FOR THIS ITEM -25- 6 NO ATTACHMENT FOR THIS ITEM -29- 7 a. CORPUS CHRISTI CONVENTION AND VISITORS BUREAU - Six (6) vacancies with terms to 8 -1 -10 and 8 -1 -11 representing the following categories: 3- At Large, 1- Hotel Industry, 1- Restaurant Industry and 1- Attraction Industry. DUTIES: To solicit various organizations and associations to conduct meetings /conventions%tradeshows within Corpus Christi year- round; to promote the City as a year -round destination; to design and implement an advertising campaign with state, national and international coverage to feature the Corpus Christi area as an attractive region in which to vacation or have conventions or group meetings; to provide support services to conventions in Corpus Christi; to operate visitor information centers; to provide information and advice to businesses interested in tourism and convention - related business in the Corpus Christi area; and to advise the City on projected growth of tourism and convention - related businesses to assist City planning efforts. COMPOSITION: Eleven (11) members selected directly by the City Council. The members shall be representatives of the following groups: 2 - hotel industry; 2 — attraction industry; 2 — restaurant industry; and 5 - community at large. The Mayor and City Manager, or their designees, shall serve as ex- officio non - voting members of the Board. In addition, the Council will appoint a representative from the Port of Corpus Christi Authority, a representative from the Regional Transportation Authority and a representative from the C.C. International Airport to serve as ex- officio advisory non voting members. Appointments will be for staggered, two -year terms. No person may serve as a voting member for a period longer than six years consecutively, unless such service is required by virtue of the person's position or title or to complete an unexpired term. ORIGINAL MEMBERS TERM APPTD. DATE ** *Foster Edwards (At Large) 8 -01 -10 7 -18 -06 Robert Tamez (At Large) 8 -01 -10 7 -18 -06 *John Trice (At Large) 8 -01 -09 7 -18 -06 *Art Granado (At Large) 8 -01 -09 7 -18 -06 Butch Pool (At Large) 8 -01 -10 7 -18 -06 Bill Morgan (Hotel Industry), Chair 8 -01 -10 2 -13 -07 *Jyoti Patel (Hotel Industry) 8 -01 -09 7 -18 -06 Mark Schaberg (Restaurant Industry) 8 -01 -10 8 -12 -08 * *Damon Bentley (Restaurant Industry) 8 -01 -09 7 -18 -06 Tom Schmid (Attraction Industry) 8 -01 -10 11 -11 -08 *Michael Womack (Attraction Industry) 8 -01 -09 8 -12 -08 Eduardo Carrion (RTA representative) Ex- officio, non - voting Michael Perez (Port of CC representative) Ex- officio, non - voting Fred Segundo (C.C. International Airport) Ex- officio, non - voting Mayor Ex- officio, non - voting City Manager Ex- officio, non - voting Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —33— ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR John Trice (At Large) 11 9(2exc) 82% Art Granado (At Large) 11 10(1exc) 91% Jyoti Patel (Hotel) 11 10(1exc) 91% Michael Womack (Attraction) 11 10(1exc) 91% (The Corpus Christi Convention and Visitors Bureau is recommending the reappointments of John Trice (At Large), Art Granado (At Large), Jyoti Patel (Hotel Industry), and Michael Womack (Attraction Industry). The board is also recommending the new appointments of either Arthur Haas, Gabi Hilpold or Nils Stolzlechner for the At Large category; and either Nolan Culp, Jr., Daniel Dain or Nathan Hinojosa for the Restaurant Industry category). OTHER INDIVIDUALS EXPRESSING INTEREST Abel Alonzo Cliff Atnip Received A.A. from Del Mar College and B.A. from Corpus Christi State University. Currently Serves on the Committee for Persons with Disabilities, Regional Transportation Authority, Nueces County Appraisal board and the Juvenile Board. (4- 20 -09) Partner/Real Estate. Cobb, Lundquist and Atnip. Received B.A. in Finance from Baylor University. Member of the Rotary Club and Toastmasters. Currently Serves on the CCCIC/Loan Review Committee and the Building Code Board of Appeals. (6 -5 -09) Jo Anna Benavides - Franke Director, Career Services, Texas A &M University - Corpus Christi. Received Bachelor of Business Administration in Human Resources Management from Stephen F. Austin State University and Master of Science in Education Administration from Texas A &M University - Corpus Christi. Activities include: Corpus Christi Human Resource Management Association, Board of Directors, Harbor Playhouse, Board of Directors, Bailando Al Aire Libre Cole Park, Second Baptist Church Volunteer, Choir and Chaperon, and InStep Dance Studio. Recipient of Texas A &M University - Corpus Christi Women Center Unsung Hero Award, 2003. Currently Serves on the Arts and Cultural Commission. (4- 17 -09) Ron Behnke Owner, Saltwater Angler Paper. Licensed United States Coast Guard Captain. Activities include: Texas Outdoors Writers Association. (4- 20 -09) -34- Curt L. Broomfield Angela Cantu Sylvia R. Cantu Cristi J. Caviness Christina Cisneros Rodney Buckwalter Nolan Culp, Jr. Daniel Dain CEO, SBG, Inc. Retired United States Marine Corp. Previously Served as Rotary Club President and Corpus Christi Convention and Visitors Bureau. Activities include: Coast Guard Auxiliary. (2- 10 -09) Development Facilitator, YWCA Corpus Christi. Received Bachelor of Arts. (4- 20 -09) Owner, Texas Sno -Pro. Formerly Records Management Coordinator /Supervisor for Nueces County. Recipient of Outstanding Awards from Texas State Library and South Texas State Associate Records Management Association. (5- 28 -09) Tax Accountant, Rooke Scanio Interests, Ltd. Received B.B.A. from University of the Incarnate Word, San Antonio, Texas. (5- 13 -09) Director, American Heart Association. Attended University of Texas, Del Mar College and Texas A &M University- Corpus Christi. Activities include: Planning and Development Board -Chula Vista Elementary, MDA Walk, Bayfest, Beach to Bay, Hispanic Women's Network Mentor /Speaker, Hispanic Chamber Member. Recipient of 2008 Hispanic Women's Network Las Estrellas Award.(2- 23-09) Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America. (6 -5 -09) Owner, Nolan's Original Poorboys. Attended the University of Texas. Activities include: Nueces County Junior Livestock Show, Calallen Campus of Real Life Fellowship, and Mission Trips with River Hills Baptist Church. (Restaurant Industry)(7- 22 -09) Owner, Domino's Pizza. Formerly served on Crime Control and Prevention District. Activities include: Franchise Association Board of Domino's Pizza, Special Olympics, and Local National Rifle Association. Graduate of Leadership Corpus Christi -Class 32. (Restaurant Industry)(7- 22 -09) -35- John Garcia General Manager, Red Roof Inn & Suites. Attended Del Mar College. Activities include: Greater Hospitality Association, Harbor Lights Committee and Corpus Christi Hispanic Chamber. (Hotel Industry) (4- 14 -09) Meredith N. Grant Homemaker. Received B.A. in English from Texas A &M University - Corpus Christi. Certified Interior Decorator. Activities include: Junior League of Corpus Christi, Art Museum of South Texas, and Beautify Corpus Christi Association. (10- 14 -08) Chris Hamilton Vice - President, KJM Commercial, Inc. Received Bachelor of Science in Construction. Activities include: Associated General Contractors Board of Directors. Serves on the CCCIC /Loan Review Committee and the Building Code Board of Appeals. (12- 10 -08) Arthur Haas Associate Athletic Director, Texas A &M University- Corpus Christi. Received Bachelor of Arts from St. Edward's University at Austin, Texas. Activities include: National Little League Board Member and Coach, St. Patrick's Catholic Church Lector and Usher, Tejas Management System Consumer Advisory Board, and El Socorro Board. Graduate of Leadership Corpus Christi - Class 32. (7- 16 -09) Gabrielle Hilpold Nathan Hinojosa Gail Hoffman President, Consulting Services USA. Owner and Operator of Real Estate Investment Company and Brokerage and Rental Management Company. Received Masters Degrees from Austrian University of Innsbruck. Certified Austrian Federal Tennis Coach. (7- 22 -09) President/General Manager, The Railroad Seafood Station, Inc. Activities include: Catholic Campus Ministry-SMU John Ben Sheppard Leadership Forum, San Patricio Economic Development, Junior Achievement, Toastmasters International, Corpus Christi Real Estate Investment Club and Odem Lions Club. (Restaurant Industry) (7- 22 -09) Executive Director, Images for Conservation Fund. Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 16-08) -36- Randy Lara Edward Frank Lewis Michelle Mazur - Armstrong Maria Elena Mendez Mark Minutaglio Stefany Tegeler Schade Latrice M. Sellers - Jodi Steen Prepress Supervisor, Printers Unlimited. Attended Del Mar College, Texas A &M University in Kingsville and Southwest Texas State University at San Marcos, Texas. Activities include: Boy Scout Troop #162. Recipient of Addy Awards for Graphic Design and Gold and Silver Aster Awards for Medical Marketing Campaign. (12 -4 -08) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tej as Kia Employee of the Month. (4- 20 -09) Received B.S. from Texas Tech University. Interested in Serving the Community. (3 -3 -09) Owner/President, Creating Excellence: Competency, Excellence and Responsibility (C R C E R.). Received B.S. from Texas A &I University at Kingsville and M.S. from Corpus Christi State University. Activities include: Hispanic Women's Network of Texas, Retired Teachers Association, and National Association for Bilingual Education. Recipient of 2005 Hispanic Women's Network of Texas — Corpus Christi Chapter Estrella for Education. (3- 11 -09) Owner, South Texas Provisions. Received BA from Penn State University. (12 -9 -08) Self - Employed/Owner, TorOso Financial Group, LLP. Received Bachelor's and Master's in Accounting from Texas A &M University - Corpus Christi. Activities include. National Association of Professional Women and Texas Society of Certified Public Accountants. (5- 28 -09) Self - Employed. Received A.A. in Radio & Television Communications from Del Mar College and BA and MA from Minnesota Graduate School of Theology. Activities include: Currently Serves on Cable Communications Commission, Community Organizer and Ministry. (4 -15- 09) President, JRS Ventures, Inc. Received BBA in Finance and Marketing. Activities include. Board of Trustees for Art Museum of South Texas and BACC. Currently Serves on the CCCIC /Loan Review Committee. (4- 16 -09) -37- Nils Stolzlechner Jacqueline Ann Torell Ernest M. Trevino, Jr. Michael Tromm Steve Trubatisky Marsha Williams General Manager, Omni Hotels. B.A. in Business and Hotel Managment from University of Innsbruck at Austria. Consultant to the Wind & Water Games. Former Member of Downtown District Improvement, Los Angeles, California; Swiss Hoteliers Association, Switzerland; Lucerne/Kriens Convention & Visitors, Switzerland. Serves on the Marina Advisory Committee and march of Dimes Executive Board. Recipient of Manager of the Year 2006 Omni Hotels. (6- 12 -09) CEO, Pathologist. Attended Tech School, Medical School in Nebraska and Residency in Dallas. Activities include: Island Presbyterian Church. (1 -7 -09) Retired, United States Postal Service. Received AA from Del Mar College. Served in the United States Air Force. Activities include: Volunteer at USS Lexington. Recipient of Good Conduct Medal, United States Air Force. (12 -26- 08) Preshop Analysis Engine Examiner, Corpus Christi Army Depot. Attended Del Mar College and General Motors University of Automotive Management. Served in the United States Air Force. Activities include: Maxine Flournoy Third Coast Squadron of the Commemorative Air Force. Recipient of Commemorative Air Force Silver Magnolia Award. (1- 12 -09) Real Estate Broker Associate, Realty World Island Properties. Attended Tarleton State University, Stephenville, Texas. Activities include: Corpus Christi Association of Realtors. (2- 11 -09) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (4- 17 -09) -38- 8 Requested Council Action: 7/28/09 Alternate Date: COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of three (3) tractor loader backhoes in the amount of $187,366; and the lease purchase of one (1) articulating wheel loader, three (3) mini track excavators, and two (2) tractor loader backhoes in the amount of $357,401.11 for a grand total of $544,767.11. The equipment is awarded to the following companies for the following amounts in accordance with Bid Invitation No. BI- 0182 -09, based on low bid, low bid meeting specifications, and best bid. The construction equipment will be used by the Water and Gas Departments. All units are replacements to the fleet. Funding for the purchase of the equipment is available in the Capital Outlay Budget of the Maintenance Services Fund. Financing for the lease purchased equipment will be provided through the City's lease /purchase financing contractor. Anderson Machinery Corpus Christi, Texas Line Item: 1 $ 1 19,946.00 Valley Ditch Witch Corpus Christi, Texas Line Item: 2 $121,909.11 Robstown Hardware Robstown, Texas Line Item: 3 $34,816.00 Grand Total: $544,767.11 H & V Equipment Corpus Christi, Texas Line Items: 4, 5, 6 $268,096.00 *********************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Purpose: The construction equipment will be used by the Water and Gas Department. Bid Invitations Issued: Bids Received: Award Basis: The Water Department will utilize the Articulating Wheel Loader and the Mini Track Excavators for excavating of soil, sand and various other types of materials. The Series IV Tractor Loader Backhoe will be used for loading and trench work. The Gas Department will utilize the Series IV Tractor Loader Backhoes for loading and trench work. All units are replacements to the fleet. Replaced units are evaluated for potential reallocation to other departments and/or are disposed of through the City's standard surplus disposal procedures, including online and live auctions of vehicles. Thirteen Eleven Low Bid - Bid items 4, 5, & 6 Low Bid Meeting Specifications - Bid item 1 The offer submitted by Waukesha -Pearce does not meet specification requirements regarding the minimum operating weight and net horsepower, as required in the bid invitation. —41— Requested Council Action: 7/28/09 Alternate Date: Low Bid Meeting Specifications - Bid item 2 The bids received from H & V Equipment Services, Inc. and Vermeer Equipment of Texas, both from Corpus Christi, Texas, do not meet specifications regarding the minimum net horsepower, dumping height, engine shutdown system, boom swing and the lift capacity, as required in the bid invitation. Best Bid — Bid Item 3 None of the bids received met all requirements of the specifications. However, the bid received from Robstown Hardware most closely meets those requirements and therefore is recommended for award. Funding: Purchase of Construction Equipment — Bid Items 3, 5, 6 Maintenance Services Fund 5110- 40120 - 550020 Capital Outlay Item No. 57 Bid Item No. 3 Maintenance Services Fund 5110- 40120 - 550020 Capital Outlay Item No. 56 Bid Item No. 5 $34,816.00 $57,773.00 Maintenance Services Fund Capital Outlay Item No. 55 5110- 40120 - 550020 $94,777.00 Bid Item No. 6 TOTAL AMOUNT $187,366.00 Lease Purchase of Construction Equipment -Bid Items 1, 2, and 4, Capital Outlay Nos. 41, 42, 43, 50, 51 and 52. Funding is provided through the City's lease /purchase financing agreement for a sixty -month period. The estimated interest rate is 3.5 %. The actual interest rate will be determined after acceptance of the vehicles. The estimated annual payment is $78,021.00. Total estimated cost over the sixty -month period, including principal of $357,401.11 and interest of $32,703.89, is $390,105.00. The construction equipment is scheduled for delivery September 2009. As such, no monies from this fiscal year are required to support this award. Funds have been requested for FY2009/2010 Michae B. era Assistant Director of Fi ancial Services 826 -3169 mikeb@cctexas.com -42- 323= Ern- fpp m> K+ 7 N B i T ;3!! . Wsm m s a fl ST Wai E 1 li il a g nc gm i -44- 0 op k 9 Requested Council Action 07/28/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of one (1) tractor mounted slope mower and one (1) long reach hydraulic excavator from the following companies for the following amounts based on the Cooperative Purchasing Agreement with the Texas Local Government Cooperative, for a total amount of $335,686.58. The equipment will be used by the Storm Water Department. Both units are replacements to the fleet. Funding is available in the Storm Water Maintenance and Operations Budget in FY 2008 -2009 Purpose: Basis of Award: Price comparison: Funding: Alamo Sales Corp. Seguin, Texas Line Items: 1 $86,474.58 Waukesha Pearce Industries, Inc. Houston, Texas Line Item: 2 $249,212.00 Grand Total: $335,686.58 The equipment will be used by the Storm Water Department to mow and maintain drainage ditches. Approximately 1,650 acres of drainage ditch are maintained by the Storm Water Department. Both units are replacements to the fleet. Replaced units will be disposed of through standard disposal of surplus property procedures, including live auctions and/or electronic auctions. The equipment will be purchased through the BuyBoard, which is the Texas Local Government Purchasing Cooperative's electronic purchasing system. The Cooperative is administered by the Texas Association of School Boards and is endorsed by the Texas Municipal League (TML) and the Texas Association of Counties (TAC) and abides by all Texas statutes regarding competitive bidding requirements. H & V Equipment, Inc., Corpus Christi, Texas will be the local delivering and service dealer for the slope mower. Waukesha Pearce Industries, Inc., Corpus Christi, Texas will be the local delivering and service dealer for the long reach excavator. Pricing for the tractor mounted slope mower has remained stable since the last purchase. The City has not purchased a long reach hydraulic excavator in the current configuration. Storm Water Maintenance and Operations Fund 4300 - 32010 - 550020 Items No's.: 1 & 2 Michael Barrera Assistant Director of Financial Services 826 -3169 mikeb@.cctexas.com FY 08 -09 $335,686.58 TOTAL AMOUNT: $335,686.58 —47— :le ;ol puei0 NOIldI IOS3a r CAD $ \ ) $ q a co \ j j \� jz \2 E/ CO CO 03 co 0 Eo o -a -® OS C o a /c o 0> 2 ■§ . Mr a 0 J/ m ±[ A k 4 -48- 10 Requested Council Action: 07/28/09 Alternate Council Date: 08/18/09 COUNCIL MEMORANDUM RECOMMENDATION: Motion authorizing the purchase of specialized equipment for a total amount of $138,698.38 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: Funding: 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 comply with the State Purchasing Act and City ordinances relating to purchases, adoption of the motion is necessary in order to move forward with the proposed purchase. This award is structured in compliance with the Homeland Security Grant disclosure requirements. Fire Grant Fund - 550040 -1062- 00000 - 820746 Michae : antra Assistant Director of Financial Services 826 -3169 mikeb @cctexas.com -51- $138,698.38 Total: $138,698.38 11 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/28/2009 AGENDA ITEM: Motion approving the purchase of hardware, software, and services to upgrade the public safety radio equipment to 700 Mhz from Dailey & Wells, San Antonio, Texas based on sole source for a total expenditure of $498,526.69. Funds are available through the Public Safety interoperability Communications Grant. ISSUE: Purchase of equipment will provide the upgrade necessary to public safety radios as mandated by the Texas Governors Office to provide statewide communications interoperability for all public safety personnel. BACKGROUND INFORMATION: The PSIC grant is providing funds to upgrade the existing trunked radio system to meet the State of Texas mandated interoperability compliance. The "Project 25" (P25) digital "suite of standards" states that any manufacturer's radios that are "P25 compliant" can communicate with any other vendor radios that have the same certification and operate in the same radio frequency band (VHF, UHF, 700/800 MHz are the three primary bands — Texas will be primarily using VHF and 700/800 MHz). Currently during times of crisis, such as a hurricane hit to Corpus Christi, incoming outside federal, state, and other mutual aid units will not be able to communicate on the Corpus Christi system. The Texas Statewide Communications Interoperability Plan (SCIP) — adopted by the Governor's Office on 11/26/07 and approved by U.S. Dept. of Homeland Security on 4/4/08, requires Texas public safety agencies to be fully "Project 25 standards -based shared systems" (P25) compliant by January 1, 2015, or risk losing federal and state grant funding. The 700 MHz band has been selected as the state wide interoperability frequency. This purchase will upgrade 1,127 City of Corpus Christi public safety radios to 700 MHz compliance and add P25 compliance to 150 of these radios. REQUIRED COUNCIL ACTION: Approval of purchase. PREVIOUS COUNCIL ACTION: Acceptance and appropriation of the grant on 06/09/2009. CONCLUSION AND RECOMMENDATION: Staff recommends approval of purchase. Aftarthmnntc• —55— M. J. Walsh Acting Chief of Police mike(a�cctexas.com 886 -2604 DAILEY -WELLS DAILEY -WELLS COMMUNICATIONS, INC. 3440 E. Houston St, San Antonio, TX 78219 To: City of Corpus Christi - Don Nattinger From: Ben Fregia - Ph 1.888.311.9831 - Fax 210.893.6702 Date: 7n20o6 Item Part Number Description EC Ditty. Unit List Disc. % Una Sale Ext Sale H2VPDE Vehicular charger, P7100/P7200 C 20 $ 1,255.00 2516 $ 941.25 $ 18,825.00 CA- 009562.006 Cable Assembly, CAN, 6 FT Straight-Right N 15 $ 45.00 25% $ 33.75 $ 506.25 MAHG -SHMXX Mobile,M7100•1P,136- 174MHz,50W C 8 $ 1915.00 2596 $ 1 438.25 $ 11,490.00 MAHG -CA Featurep25 CAI Conventional Dinka NB 8 $ 370.00 2596 $ 277.50 $ 2 220.00 MAHG -CP7U Control Unt,Scan,Front Mount N 8 $ 475.00 2596 $ 356.25 $ 2,850.00 $ 480.00 MAHG -MC7T Mlaophone,Standard N 8 $ 80.00 25% $ 80.00 MAHG -ZN5W Kit,Accessory,Fmnt Mount,50W TX & Less N 8 $ 235.00 2596 $ 178.25 $ 1,410.00 TQS3385 Programmer software V 2 $ 2,515.00 096 $ 2,515.00 $ 5,030.00 YRHAMB EDACS toProVoicesoftware N 20 $ 705.00 2596 $ 528.75 $ 10,575.00 Labor EDACS to ProVoice software installation S 20 $ 37.50 096 $ 37.50 $ 750.00 MAYR -NP7AT EDACS to Project 25 software N 150 $ 700.00 2596 $ 525.00 $ 78,750.00 Labor EDACS to Project 25 software installation S 150 $ 37.50 096 $ 37.50 $ 5,625.00 MAHG -ZN5Y M7100 remote mount Idt N 40 $ 380.00 2596 $ 270.00 $ 10,800.00 Shipping/Handling S 1 $ 350.00 096 $ 350.00 $ 350.00 EXTENDED TOTALI $ 149,661.26 Pricing is Dalley-Wells confidential Price valid for 60 days Vora the due above Terms: Net 30 Days -56- • E —57— 011N0 lYlol Safi N +o 0-J0MMWM+ MAE u 1 v 9 a s 3 1 s 1 3 111111111111110 3 c -4 M 4,4,4,4,4,4, '4,4,4,4.4,4,4. yO mmc O I M 0$O 08 N O S O P m P P i 0 M N NW N MN MM p M s. a W W m + J J O E0l8&v14 §0PIMA t8L9oitta2S8Y8888 s 12 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/28/09 AGENDA ITEM: Resolution authorizing the City Manager, or his designee, to execute a renewal of an Interlocal Cooperation Agreement with Del Mar College for the Fire Department to use the College's Training Field. ISSUE: The initial three year agreement with Dell Mar College expired in January 2009. Prior to the agreement the Fire Department had not had a fire - training field since the early 90s when Fire Station Number 7 was built on the fire- training site at 3722 South Staples. In order to meet Firefighter Cadets' training requirements from the Texas Commission an Fire Prevention, the department had been contracting with other area training facilities for limited training. The Fire Department desires to continue using Del Mar College's fire - training field located at 4101 Old Brownsville Road. The new agreement shall be for one year with automatic renewal annually, unless one of the participating parties provides a thirty (30) days written notice of termination to the other party. Del Mar College agrees to: • Provide the Fire Department eighty (80) hours per month access to the training field at no charge. • Maintain a schedule of all fire - training field resources and availability. • Provide a qualified technician or technicians, as required to operate the College's fire - training props. Del Mar will be reimbursed at the current hourly rate for qualified technicians. If properly trained Fire Department personnel are available, they will operate the College's fire - training props. • Purchase all parts to be used by Fire Department in maintaining and repairing College's Self- Contained Breathing Apparatus (SCBA) and pumps on College's fire apparatus. The Fire Department agrees to: • Provide water and natural gas to the College's training field at no cost to the College. • Provide supervision, in conjunction with the faculty from Del Mar, for Fire Department training participants. • Provide maintenance and repair services, excluding major rebuild, for pumps on College's fire apparatus. College will purchase all parts used in maintaining and repairing said equipment. • Pay College the current adjunct faculty lab hourly rate approved by the College's Board of Regents for the qualified technician provided by College. • Reimburse College for consumables provided by College which are used by Fire Department in fire, emergency medical or haz -mat training. • Designate at least two Fire Department personnel, with College consent, to be trained by College as technicians to operate fire props on Colleges fire - training field. -61- REQUIRED COUNCIL ACTION: Council approval. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to execute Interlocal Cooperation Agreement with Del Mar College for the Fire Department to use the College's Training Field. Attachments: 1. Copy of Resolution 2. Copy of Agreement -62- Rich Hooks Fire Chief RLH @cctexas.com 826 -3932 BACKGROUND INFORMATION Previous agreement has now expired. Both parties are interested for the Fire Department to continue using the College's Training Field. —63— RESOLUTION AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A RENEWAL OF AN INTERLOCAL COOPERATION AGREEMENT WITH DEL MAR COLLEGE FOR THE FIRE DEPARTMENT TO USE THE COLLEGE'S TRAINING FIELD. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager, or his designee, is authorized to execute a renewal of an interlocal cooperation agreement with Del Mar College for the Fire Department to use the college's training field. ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: July 15, 2009 Tvrrisha ng Assis t City Attorney For City Attorney Reso for del mar training field.doc —64— Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott Reso for del mar training field.doc —65— THE STATE OF TEXAS § COUNTY OF NUECES § INTERLOCAL COOPERATION AGREEMENT This Interlocal Cooperation Agreement ( "Agreement ") is made by and between the DEL MAR COLLEGE ( "College "), acting by and through its governing body, the Board of Regents, and the CITY OF CORPUS CHRISTI ( "City "), a municipal corporation and home -rule city of the State of Texas for its CORPUS CHRISTI FIRE DEPARTMENT ( "Fire Department "), acting by and through its governing body, the City Council. NOW, THEREFORE, in consideration of the mutual covenants in this Agreement, the participating local governments ( "Parties "), authorized by appropriate actions of their governing bodies, hereby agrees as follows: SECTION 1. PURPOSE. The Fire Department desires to have access to, and use of, College's fire- training field located at 4101 Old Brownsville Road, Corpus Christi, Nueces County, Texas 78405, for training purposes. SECTION 2. SERVICES, OBLIGATIONS AND RIGHTS OF THE COLLEGE. a) Provide Fire Department with access to, and use of, College's fire- training field for training purposes; said access will be scheduled through the College, averaging no less than eighty (80) hours per month at no cost or charge to the City or Fire Department. b) Maintain a schedule of College's fire - training field resources and their availability. c) Provide a qualified technician or technicians, as required by College, to operate College's fire- training props during Fire Department training exercises or drills at the rate specified in 3) e) except when properly trained Fire Department personnel, as noted in 3) g) below, are present to operate College's fire - training props. d) Provide Fire Department with parking at College's fire - training field, as available. College assumes no responsibility for damage or theft to vehicle as a result of being placed on College property. e) Purchase all parts to be used by Fire Department in maintaining and repairing College's Self - Contained Breathing Apparatus (SCBA) and pumps on College's fire apparatus as referenced in 3) c) and 3) d) below; or reimburse the Fire Department for the cost of all aforementioned parts if provided by Fire Department. f) Provide the Fire Department with software necessary for the repair of College's —66— g) Self- Contained Breathing Apparatus as referenced in 3) c). College may request the removal of any Fire Department personnel, students or instructors whose conduct or work may have a detrimental effect on safety or student learning. SECTION 3. SERVICES, OBLIGATIONS, AND RIGHTS OF THE CITY OR FIRE DEPARTMENT. a) Provide water and natural gas to the College's training field as defined or outlined in Attachment "A" at no cost to College. b) Provide supervision, in conjunction with the faculty from the College, for Fire Department training participants. c) Provide maintenance and repair services for College's Self - Contained Breathing Apparatus (SCBA). College will purchase all parts used in maintaining and repairing said equipment and bringing it to working condition; or reimburse the Fire Department for the cost of all aforementioned parts if provided by Fire Department. d) Provide maintenance and repair services, excluding major rebuild, for pumps on College's fire apparatus. College will purchase all parts used in maintaining and repairing said equipment and bringing it to working condition; or reimburse the Fire Department for the cost of all aforementioned parts if provided by Fire Department. e) Pay College the current adjunct faculty lab hourly rate approved by the College's Board of Regents for the qualified technician provided by College as referenced in 2) c) above for the Fire Department training exercises or drills. f) Reimburse College for consumables provided by College which are used by Fire Department in fire, emergency medical, or haz -mat training (e.g. hay, LPG, excelsior). g) Designate at least two Fire Department personnel, with College consent. to be trained by College as technicians to operate fire props on College's fire- training field. SECTION 4. PAYMENT AND FUNDS. Payment shall be made within thirty (30) days from receipt of the other party's request for reimbursable expenses incurred in the performance of this Agreement, provided the request for payment is properly prepared, executed, and documented (i.e. valid invoices or receipts; and/or verified statement or supporting documentation). Each party which performs services under this Agreement will do so with funds available from its current revenues. -67- SECTION 5. TERM OF AGREEMENT. This Agreement shall begin on the final date of execution by all Parties for an initial term of one year, and the City Manager is authorized to execute any and all subsequent renewals and/or amendments to this Agreement. This Agreement shall automatically renew annually, unless one of the participating parties provides a thirty (30) days written notice of termination to the other party. SECTION 6. INTERLOCAL COOPERATION ACT. The Parties agree that activities contemplated by this Agreement are "govemmental functions and services" and that the Parties are "local governments" as that term is defined in the Interlocal Cooperation Act. This Agreement is made pursuant to Chapter 791 of the Texas Government Code. SECTION 7. LIABILITY. Each party to this Agreement will be responsible for any civil liability for its own actions under this Agreement. Neither party shall be responsible to the other for personal injuries, losses, claims, or demands caused by the acts or omissions, if any, of such party or its agents, employees, invitees, or subcontractors. The liability, if any, of either party, shall be that prescribed by the laws of the State of Texas. The City and Fire Department liability to the College is limited to its employees action during its use of the College while conducting training exercises or drills and in accordance with the Texas Tort Claims Act. SECTION 8. MISCELLANEOUS. (a) Severability. In the event any term, covenant or condition herein contained shall be held to be invalid by any court of competent jurisdiction, such invalidity shall not affect any other term, covenant, or condition herein contained, provided that such invalidity does not materially prejudice either City or College in their respective rights and obligations contained in the valid terms, covenants or conditions hereof. (b) Entire Agreement. This Agreement, including Attachments, represents the entire agreement between the Parties, and supersedes any and all prior agreements between the Parties, whether written or oral, relating to the subject of this Agreement. (c) Written Amendment. Unless otherwise provided herein, this Agreement may be amended only by written instrument duly executed on behalf of each party. No officer or employee of any of the Parties may waive or otherwise modify the limitations in this Agreement, without the express action of the governing body of the Party. (d) Notices. All notices required or permitted hereunder shall be in writing and shall be deemed delivered when actually received or, if earlier, on the third (3rd) day -68- following deposit in a United States Postal Service post office or receptacle with proper postage affixed (certified mail, return receipt requested) addressed to the respective other party at the address prescribed below, or at such other address as the receiving party may have theretofore prescribed by notice to the sending party. City Angel Escobar, P.E. City Manager City of Corpus Christi 1201 Leopard Corpus Christi, Texas 78401 College Marjorie Villani Interim Vice President of Instruction Del Mar College 101 Baldwin Blvd. Corpus Christi, Texas 78404 (e) Non - Waiver. Failure of any party hereto to insist on the strict performance of any of the Agreements herein or to exercise any rights or remedies accruing hereunder upon default or failure of performance shall not be considered a waiver of the right to insist on, and to enforce by any appropriate remedy, strict compliance with any other obligation hereunder or to exercise any right or remedy occurring as a result of any future default or failure of performance. (0 Successors. This Agreement shall bind and benefit the parties and their legal successors. This Agreement does not create any personal liability on the part of any officer or agent of the City or College or any of its officer, agent or employee. (g) No Waiver of Immunity. No party hereto waives or relinquishes any governmental, official, or other immunity or defense on behalf of itself, its officers, employees, and agents as a result of its execution of this Agreement and performance of the covenants contained herein. (h) Validity and Enforceability. If any current or future legal limitations affect the validity or enforceability of a provision of this Agreement, then the legal limitations are made a part of this Agreement and shall operate to amend this Agreement to the minimum extent necessary to bring this Agreement into conformity with the requirements of the limitations, and so modified, this Agreement continue in full force and effect. (i) (1) No Third Parties Benefit. This Agreement and all activities under this Agreement are solely for the benefit of the Parties and not the benefit of any third party. Governing Law and Venue. This Agreement shall be governed by the laws of the State of Texas. Venue for an action arising under this Agreement shall be in accordance with the Texas Rules of Civil Procedure. (k) Participation Notice. Each party to this Agreement shall execute a Participation Notice (Exhibit 1 or 2), and the Notice shall be incorporated as an attachment to this Agreement. -69- (1) Warranty. The Agreement has been officially authorized by the governing body of each party, and each signatory to this Agreement guarantees and warrants that the signatory has full authority to execute the Agreement and to legally bind their respective party to this Agreement. Del Mar College City of Corpus Christi Dr. Mark Escamilla, President (Date) Angel Escobar, City Manager (Date) Marjorie Villani, (Date) Richard Hooks, Interim Vice President of Instruction Fire Chief ATTEST: (Date) Armando Chapa City Secretary APPROVED AS TO FORM: (Date) T. Trisha Dang Assistant City Attorney For City Attorney _7p_ (Date) Revised June 10, 2009 crb EXHIBIT 1 PARTICIPATION NOTICE I hereby notify the Parties that the City of Corpus Christi City Council has approved participation in the Interlocal Agreement for the City of Corpus Christi Fire Department to have access and use of the Del Mar College's Fire Training Field as outlined in Attachment "A" for training purposes, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Angel R. Escobar Date City Manager —71— EXHIBIT 2 PARTICIPATION NOTICE I hereby notify the Parties that the Del Mar College Board of Regents has approved participation in the Interlocal Agreement for the City of Corpus Christi Fire Department to have access and use of the Del Mar College's Fire Training Field as outlined in Attachment "A" for training purposes, by lawful action of its governing body, a true copy of which is attached and incorporated in this Agreement. Dr. Mark Escamilla Date President —72— Attachment "A" "Training Field" is defined as everything inside the yellow box. 1111111111111111111 [111111 I TTl 11111 m M» Cnw 11i —73— 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 28, 2009 AGENDA ITEM: A) A resolution authorizing the City Manager or his designee to submit a grant application, in the amount of $35,000, to the Coastal Bend Council of Governments for recycling and anti - litter education and to execute all related documents. ISSUE: The Coastal Bend Council of Governments' Regional Solid Waste Grant application process requires approval by the goveming body to submit a grant application for a Regional Solid Waste Grants Program grant. If the grant is awarded, funds will be applied to advertising and educational materials to promote recycling and anti -litter campaigns, and to support the holiday card and Christmas tree recycling programs. REQUIRED COUNCIL ACTION: Approval of resolution as submitted. PREVIOUS COUNCIL ACTION: October 21, 2008, authorization to accept a $31,000 grant from the Coastal Bend Council of Governments and appropriation of $31,000 to provide recycling and anti -litter education. CONCLUSION AND RECOMMENDATION: Approval of the resolution to submit a grant application as submi -d. —77— Lawrence Mikolajczy , Director of Solid Waste Operations 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. The contract is amended by adding $2,140 to supplement the purchase of three recycling containers for the marina, for a total amount of $33,140. —78— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO SUBMIT A GRANT APPLICATION, IN THE AMOUNT OF $35,000, TO THE COASTAL BEND COUNCIL OF GOVERNMENTS FOR RECYCLING AND ANTI - LITTER EDUCATION 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 submit a grant appli- cation, in the amount of $35,000, to the Coastal Bend Council of Governments for recycling and anti -litter education and to execute all related documents. ATTEST: Armando Chapa City Secretary APPROVED: July 21, 2009 Elizath R. Hundley Assi • . nt City Attorney for the City Attorney EHres236.doc —79— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —80— 14 AGENDA ITEM: CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 28. 2009 A) A resolution authorizing the City Manager or his designee to accept additional grant funding, in the amount of $2,140, from the Coastal Bend Council of Govemments and to execute an amendment to the existing grant agreement to provide recycling and anti -litter education. B) An ordinance appropriating $2,140 in additional grant funding from the Coastal Bend Council of Govemments 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 Govemments' Regional Solid Waste Grant application process requires approval of an acceptance resolution by the City Council. The grant must be accepted and the funds appropriated prior to spending grant proceeds. On October 21, 2008, the City Council approved a resolution appropriating $31,000 to be used for a community outreach campaign to promote recycling and reduce illegal dumping. On July 13, 2009, The Coastal Bend Council of Governments Solid Waste Advisory Committee recommended additional funding of $2,140 to the City of Corpus Christi Solid Waste Operations Department. The funds are made available as a result of uncommitted cany -over interest generated by the FY 2006 -07 grant proceeds from the Texas Commission on Environmental Quality. On July 24, 2009, the Coastal Bend Council of Govemments is scheduled to approve a resolution to authorize the allocation of the FY 2006 -07 carry-over interest. The $2,140 will be applied towards the purchase of 3 recycling containers. One container will be placed on each of the three land masses comprising the Corpus Christi marina. REQUIRED COUNCIL ACTION: Approval of resolution and ordinance as submitted. PREVIOUS COUNCIL ACTION: October 21,2008, authorization to accept a $31,000 grant from the Coastal Bend Council of Governments and appropriation of $31,000 to provide recycling and anti - litter education. CONCLUSION AND RECOMMENDATION: Approval of resolution and ordinance to appropriate funding as submitted. -83- awrence Mikolajczyk, Director of Solid Waste Operations 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. The contract is amended by adding $2,140 to supplement the purchase of three recycling containers for the marina, for a total amount of $33,140. —84— A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO ACCEPT ADDITIONAL GRANT FUNDING, IN THE AMOUNT OF $2,140, FROM THE COASTAL BEND COUNCIL OF GOVERNMENTS AND TO EXECUTE AN AMENDMENT TO THE EXISTING GRANT 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 additional grant funding, in the amount of $2,140, from the Coastal Bend Council of Governments and to execute an amendment to the existing grant agreement to provide recycling and anti - litter education. ATTEST: Armando Chapa City Secretary APPROVED: July 21, 2009 Eliz l-th R. Hundle , Assi ant City Attorney for the City Attorney EHres237.doc —85— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —86— AN ORDINANCE APPROPRIATING $2,140 IN ADDITIONAL GRANT FUNDING 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. Additional grant funding, in the amount of $2,140, received from the Coastal Bend Council of Governments, is appropriated in the Solid Waste Grants Fund No. 1051 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 2009. ATTEST: Armando Chapa City Secretary APPROVED: July 21, 2009 llaa IAA i% iza h R. Hundle Assirant City Attorney for the City Attorney EHord264.doc —87— CITY OF CORPUS CHRISTI Joe Adame Mayor Corpus Christi, Texas day of , 2009 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 Joe Adame Mayor The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott EHord264.doc —88— 15 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 28, 2009 SUBJECT: Application for Financial Assistance from Texas Water Development Board for Garwood Water Supply Project AGENDA ITEM: RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD IN THE AMOUNT OF $8,000,000 FOR THE PLANNING, DESIGN, AND PERMITTING OF A PIPELINE AND RELATED FACILITIES BETWEEN THE COLORADO RIVER AND THE MARY RHODES PIPELINE PUMPING FACILITY AT LAKE TEXANA; AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. ISSUE: Loans for planning, design, and construction can be funded through the Water Infrastructure Fund (WIF). All loans through the WIF are offered at a subsidized interest rate which is 2 percent below the Texas Water Development Board's cost of funds. Repayment periods are a maximum of 20 years. Certain loans for development cost have an additional financial opportunity. In order to advance projects which have significant development lead times, a portion of the WIF is available specifically for planning, design, permitting, and other costs associated with state or federal regulatory activities. Utilizing the WIF- Deferred, an applicant may defer all interest and principal payments for up to 10 years, or until the end of construction of the project, whichever is sooner. Interest is not accrued during the deferral period and the loan is amortized over the final 10 years. In order to achieve the goal of having the project construction ready in two years and reduce the immediate impact on our Capital Improvements program or to our rates, it is critical that this application for WIF- Deferred funding be submitted at this time. REQUIRED COUNCIL ACTION: Approval of resolution. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution as presented. ust2jvo Gonzalez, PIE. Direct r, Water Depar&men gustavogo @cctexas.com 826 -1874 Attachments: Exhibit "A" - Application for financial assistanceib inn Texas Water Development Board APPLICATION FOR FINANCIAL ASSISTANCE TO THE TEXAS WATER DEVELOPMENT BOARD THROUGH THE WATER INFRASTRUCTURE FUND LOAN PROGRAM — DEFERRED APPLICANT: CITY OF CORPUS CHRISTI, TEXAS (NUECES COUNTY) Financial assistance in the amount of $ 8,000,000 in Loans For Planning, Design and Permitting PREPARED BY: •1 NICHOLS -99- EXHIBIT "A" - 38 Pages 1. GENERAL INFORMATION (1.) Applicant The City of Corpus Christi, Texas Population: 277,454 (from 2000 U.S. Census) 285,175 (from 2006 U.S. Census Bureau estimate) (2.) Official Representative (3.) Angel Escobar City Manager City of Corpus Christi, Texas 1201 Leopard St. Corpus Christi, Texas 78401 Phone: (361) 880 -3220 Fax: (361) 826 -3839 'Ange1E(a cctexas. com Principal Officers Name Position Joe Adame Brent Chesney Mark Scott Nelda Martinez Kevin Kieschnick John Marez Priscilla Leal Chris Adler Larry Elizondo, Sr. Angel Escobar Oscar Martinez Pete Anaya Cindy O'Brien Armando Chapa Mayor City Councilmember At Large City Councilmember At Large City Councilmember At Large City Councilmember, District 1 City Councilmember, District 2 City Councilmember, District 3 City Councilmember, District 4 City Councilmember, District 5 City Manager Assistant City Manager, Public Works and Utilities Director of Engineering Services Assistant City Manager, Administrative Services, Interim Director of Financial Services City Secretary -93- (4.) (a) Project Engineer John S. Wolfhope, P.E. Freese and Nichols, Inc. 10814 Jollyville Road Building 4, Suite 100 Austin, Texas 78759 Phone: (512) 617-3100 Fax: (512) 617 -3101 JSW(2freese.com (b) Bond Counsel W. Jeffrey Kuhn Clayton Binford Fulbright and Jaworski, LLP 300 Covent Street, Suite 2200 San Antonio, Texas 78205 Phone: (210) 224 -5575 Fax: (210) 270 -7205 WKuhn®a fulbright.com (c) Legal Counsel Timothy L. Brown Timothy L. Brown Law Offices 1600 W 38th St # 206 Austin, TX 78731 Phone: (512) 371-7070 Fax: (512) 450 -0389 TLBrown@TLBrown.com (d) Financial Advisor Mark Seal M.E. Allison & Co., Inc. 950 E. Basse Road, Second Floor San Antonio, TX 78209 Phone: (210) 930 -4000 Fax: (210) 930 -4001 MSeal@,MEAllison.com (e) Any Other Consultant Representing the Applicant before the Board Not Applicable (5.) Project Description The Garwood Water Supply Project consists of a new pipeline and pump station that will transport water from a new intake structure on the Colorado River near Bay City, Texas, to the West Delivery System south of Lake Texana. The City of Corpus Christi owns water rights and is authorized to divert 35,000 acre -feet per year of Colorado River water at a maximum diversion rate of 150 cfs. The City of Corpus Christi acquired the water right from the Garwood Irrigation Company in 1997. From Lake Texana, the water will be transported to the City of Corpus Christi through the existing Mary Rhodes Pipeline, which 2 -94- was designed to provide capacity for the Garwood water, and used by the City of Corpus Christi for irrigation, municipal and industrial purposes. (6.) Participating Political Subdivisions Not applicable. (7.) Sources and Uses of Funds Sources of Funds TWDB Bond Funds $ 8,000,000 TOTAL $ 8.000.000 Uses of Funds Project Planning, Engineering, Legal, Contingency $ 8,000,000 TOTAL $ 8.000.000 (8.) Requested Financial Assistance Program TWDB Water Infrastructure Fund Loan Program Deferred 2. LEGAL INFORMATION (1.) Resolution requesting financial assistance Please refer to Attachment A (TWDB Forms WRD -201a and WRD -201b) (2.) Affidavit regarding Application Please refer to Attachment B (TWDB Form WRD -201) (3.) Affidavit regarding Water Right Please refer to Attachment C (TWDB Form WRD -208C) (4.) Executed documents Please refer to Attachment D (Certificate of Adjudication) .3 -95- 3. ENGINEERING INFORMATION The preliminary engineering feasibility report is provided in Attachment E. The Water Project Information Form (TWDM Form WRD -253d) is provided in Attachment F. 4. WATER CONSERVATION PLAN The 2009 City of Corpus Christi Water Conservation and Drought Contingency Plan is provided in Attachment G. 4 -96- Attachment A Grant Application Resolution - TWDB Form WRD -201a Certificate of Secretary - TWDB Form WRD -20 Ib -97- RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD IN THE AMOUNT OF $8,000,000 FOR THE PLANNING, DESIGN, AND PERMITTING OF A PIPELINE AND RELATED FACILITIES BETWEEN THE COLORADO RIVER AND THE MARY RHODES PIPELINE PUMPING FACILITY AT LAKE TEXANA; AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City of Corpus Christi finds and determines that there is an urgent need to initiate the planning, design, and permitting of a pipeline and related facilities between the Colorado River and the Mary Rhodes Pipeline pumping facility at Lake Texana, in order to exercise the City's Garwoodwater rights; and this activity cannot be reasonably financed without financial assistance from the Texas Water Development Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in an amount not to exceed $8,000,000 to provide for the costs of the planning, design, and permitting phases of the City of Corpus Christi, Texas, Garwood Water Supply Project. SECTION 2. That the City Manager, 'Angel R. Escobar, be and is hereby designated the authorized representative of the for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION 3. That the following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the before any hearing held by the Texas Water Development Board on such application, to wit: Financial Advisor: Mark Seal M.E. Allison & Co., Inc. 950 E. Basse Road, Second Floor San Antonio, TX 78209 210- 930 -4000 TWDB Grant Application Resolution — 07202009.DOC —98— Engineer: John S. Wolfhope, P.E. Freese and Nichols, Inc. 10814 Jollyville Road, Building 4, Suite 100 Austin, TX 78759 512 - 617 -3100 Bond Counsel: W. Jeffrey Kuhn Clayton Binford Fulbright and Jaworski, LLP 300 Convent Street, Suite 2200 San Antonio, TX 78205 210 - 224 -5575 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM: 20"' day of July, 2009. R. Jay Reining First Assistant City Attorney For City Attorney TWDB Grant Application Resolution — 07202009.DOC —99— 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott TWDB Grant Application Resolution — 07202009.DOC —100— 3 WRD -201b 03/09/05 Application Resolution - Certificate of Secretary (WRD -201 b) THE STATE OF TEXAS COUNTY OF NUECES I, the undersigned, Secretary of the City of Corpus Christi, Texas (the "City "), DO HEREBY CERTIFY as follows: 1. That on the _ day of , 2009, a regular meeting of the City Council was held at a meeting place within the City; the duly constituted members of the City Council being as follows: Joe Adame, Mayor Brent Chesney, At Large Mark Scott, At Large Nelda Martinez, At Large Kevin Kieschnick, Councilmember John Marez, Councilmember Priscilla Leal, Councilmember Chris Adler, Councilmember Larry Elizondo, Sr., Councilmember and all of said persons were present at said meeting, except the following: Among other business considered at said meeting, the attached resolution entitled: "A RESOLUTION by the City Council of the City of Corpus Christi, Texas, requesting financial participation from the Texas Water Development Board; authorizing the filing of an application for financial participation ; and making certain findings in connection therewith." was introduced and submitted to the City Council for passage and adoption. After presentation and due consideration of the resolution, and upon a motion made by and seconded by the resolution was duly passed and adopted by the City Council by the following vote: voted "For" _ voted "Against" _ abstained all as shown in the official Minutes of the City Council for the meeting held on the aforesaid date. 2. That the attached resolution is a true and correct copy of the original on file in the official records of the City; the duly qualified and acting members of the City Council on the date of the aforesaid meeting are those persons shown above and, according to the records of my office, advance notice of the time, place and purpose of said meeting was given to each member of the City Council; and that said meeting, and deliberation of the aforesaid public business, was open to the public and written notice of said meeting, including the subject of the above entitled resolution, was posted and given in advance thereof in compliance with the provisions of Chapter 551 of the Texas Government Code. IN WITNESS WHEREOF, I have hereunto signed my name officially and affixed the seal of said this the of 2009. (SEAL) City Secretary City of Corpus Christi, Texas -101- Attachment B TWDB Form WRD -201 —102— WRD -201 (3/09/05) Application Affidavit (WRD -201) THE STATE OF TEXAS § COUNTY OF NUECES § CITY OF CORPUS CHRISTI, TEXAS BEFORE ME, the undersigned, a Notary Public in and for the State of Texas, on this day personally appeared Angel R. Escobar, City Manager of the City of Corpus Christi, Texas (the "City"), as the Authorized Representative of the City, who being by me duly sworn, upon oath says that: 1. the decision by the City to request financial assistance from the Texas Water Development Board ( "Board ") was made in a public meeting held in accordance with the Open Meetings Act (Government Code, §551.001, et seq,) and after providing all such notice as required by such Act as is applicable to the "City"; 2. the information submitted in the application is true and correct according to my best knowledge and belief; 3. the City has no pending, threatened, or outstanding judgments, orders, fines, penalties, taxes, assessment or other enforcement or compliance issue of any kind or nature by the Environmental Protection Agency, Texas Commission on Environmental Quality, Texas Comptroller, Texas Secretary of State, or any other federal, state or local government; 4. the City warrants compliance with the representations made in the application in the event that the Board provides the financial assistance; and 5. the City will comply with all applicable federal laws, rules, and regulations as well as the laws of this state and the rules and regulations of the Board. Angel R. Escobar City Manager City of Corpus Christi, Texas SWORN TO AND SUBSCRIBED BEFORE ME, by Angel R. Escobar, City Manager of the City of Corpus Christi, Texas, this _ day of 2009. (NOTARY'S SEAL) -103- Notary Public, State of Texas Attachment C Water Right Affadavit (WRD -208c) —104— STATE OF TEXAS COUNTY OF NUECES AFFIDAVIT WRD -208C Rev. May, 2009 Before me, the undersigned notary, on this day personally appeared Angel R. Escobar, a person whose identity is known to me. After I administered an oath to him/her, upon his/her oath he /she said: 1. My name is Angel R. Escobar. I am over 18 years of age, of sound mind, and capable of making this affidavit. The facts stated in this affidavit are within my personal knowledge and are true and correct. 2. I am an authorized representative of the City of Corpus Christi, Texas, an entity that has filed an application for financial assistance with the Texas Water Development Board for a project that proposes the development of a new surface water supply source. 3. Has the applicant been appropriated the right to use the surface (Yes/No) water needed for the project by the Texas Commission on Environmental Quality or a predecessor agency? (a) If the response is yes, please attach a copy of the Certificate(s) of Adjudication. 4. Does the applicant have the contractual right to use the surface water (Yes/No) from the entity that enjoys the right to appropriate the surface water needed for the project? I (a) If the response is yes, please forward a copy of the pertinent contract(s), lease(s) or other contractual arrangement documenting that the applicant has the right to use the surface water needed for the project. Signed the day of , 200_ -105- Name Title 1 WRD -208C Rev. May, 2009 Swom to and subscribed before me by on , 2009. [SEAL] Notary Public in and for the State of Texas My Commission expires: -106- 2 Attachment D Certificate of Adjudication —107— 525 ; 100 TEXAS NATURAL RESOURCE CONSERVATION COMMISSION rtte sun or nus tY.WnrryrtWYairrrw" C sis Miewez wd 1 �rwrrrr_ el Oran DOCKET NO. 98-0987-WR A. NDMENT TO CERTIFICAT 'era?'" as OF ADJUDICATION ca'auC s". OCT 2 1 1998 APPLICATION NO. 14-5434B CERTIFICATE NO. 14.5434E TYPE: §11.122 & 11.085 OWNER: Garwood irrigation Company Address: P.O. Box 428 (Corpus Christi's Right) Garwood, Texas 77442 Accepted for Filing: September 23, 1997 Purposes: Irrigation, Municipal and Industrial Watercourse: Colorado River Granted: October 7, 1998 Basins: Colorado, Lavaca, Guadalupe, San Antonio, and Nueces River Basins, and Colorado - Lavaca, Lavaca- Guadalupe, San Antonio - Nueces, and Nueces -Rio Grande Coastal Basins WHEREAS, by final decree of the 264th Judicial District Court of Bell County, in Cause No. 115,414 -A, b Re: The Adjudication of Water Rights in the Lower Colorado River Segrncnt of the Colorado River Basin dated September22, 1987 and modified by Order dated November 24, 1987, a right was recognized under Certified Filing 398, as amended, authorizing the Garwood Irrigation Company to appropriate waters of the State of Texas as set forth in Certificate of Adjudication No. 14 -5434; and WHEREAS, Certificate of Adjudication No. 14-5434, as issued to Garwood Irrigation • Company, provides that the Certificate Owner has the right to divert and use 168,000 acre -feet of water per year from the Colorado River at a maximum diversion rate of 750 cubic feet per second for the irrigation of 32,000 acres of land within the boundaries of Owner's service area in Colorado and Wharton Counties, both in the Colorado River Basin and outside the Colorado River Basin, in the Lavaca River Basin (the "Garwood Serviee Area "), with a priority date of November 1, 1900; and WHEREAS, as set forth in Certificate of Adjudication No. 14 -5434, Owner also has the right to maintain a small dam and reservoir on the Colorado River; and WHEREAS, Certificate of Adjudication No. 14 -5434 was amended by issuance of Certificate of Adjudication No. 14 -5434A on March 18, 1993, which provides that 35,000 acre -feet of water per year, out of the 168,000 acre -foot per year annual authorization, is authorized to be used for ExhifjeA 525 ' 901 • irrigation, municipal and industrial purposes within the Garwood Service Area (which is located both within the Colorado River Basin and outside the Colorado River Basin) in addition to irrigation; and WHEREAS, Certificate of Adjudication No. 14 -5434, as amended, already authorizes an interbasin transfer of water out of the Colorado River Basin; and WHEREAS,. Certificate of Adjudication No, 14 -5434, as amended by Certificate of Adjudication No. 14- 5434A, is referred to as "Garwood's Right"; and WHEREAS, by instrument entitled "Division of Water Right" dated as of January 30, 1997, Owner divided Garwood's Right into two separate and distinct portions, referred to as (1) "Corpus Christi's Right" and (2) "Garwood's Remaining Right "; and WHEREAS, under Corpus Christi's Right, Owner is authorized to divert and use 35,000 acre -feet of water per year from the Colorado River for irrigation, municipal and industrial purposes, at a rate of diversion not to exceed 150 cubic feet per second; and WHEREAS, under Garwood's Remaining Right, Owner is authorized to divert and use 133,000 acre -feet of water per year from the Colorado River for irrigation at a rate of diversion not to exceed 600 cubic feet per second, and to maintain the small dam and reservoir on the Colorado River; and WHEREAS, pursuant to the aforesaid "Division of Water Right," Garwood submitted an application to the Commission on January 30, 1997, requesting that the Commission amend the "Corpus Christi's Right" portion of Certificate No. 14 -5434, as amended, to the extent necessary, and that it grant such authorizations as may be necessary, pursuant to any provision of the Texas Water Code that may be applicable including, without limitation, Sections 11.122 and 11.085, so that the 35,000 acre -feet of water per annum authorized to be diverted from the Colorado River under "Corpus Christi's Right" is: a. authorized to be diverted anywhere on the west bank of the Colorado River within three different reaches referred to as Segments "A ", 'B" and "C" (which were identified in the notice for this application); and b. authorized to be diverted from the Colorado River Basin and transferred for use anywhere within the Lavaca, Guadalupe, San Antonio and Nueces River Basins and the Colorado - Lavaca, Lavaca- Guadalupe, San Antonio - Nueces, and Nueces -Rio Grande Coastal Basins. WHEREAS, Garwood further requests that the Commission confirm that "Corpus Christi's Right ", if so amended, would retain the November 1. 1900 priority date of Certificate No. 14 -5434, but that it be subordinate in time priority and all other respects to Garwood's Remaining Right; and 2 —109— 925 or 902 WHEREAS, in order to facilitate the Commission's administration of water rights, Corpus Christi's Right, as amended, should be assigned a priority date of November 2, 1900; and WHEREAS, assigning a priority date of November 2, 1900 to-Corpus Christi's Right, as amended, would confirm both the early priority of Corpus Christi's Right, as amended, and the subordination of Corpus Christi's Right to Garwood's Remaining Right, as requested by Garwood; and WHEREAS, subsequent to the filing of this application, Garwood withdrew its request to locate a diversion point within Segment `B ", indicating that the diversion point would be either the existing point of diversion, or within Segment "A ", or within Segment "C"; and WHEREAS, Segment "A" is a smallsreach of the river in Colorado County just upstream of the Garwood low water dam, on the reservoir created by that dam, with the most upstream point, Point A -1, bearing N 66° 33' E, 6,595 feet from the southeast comer of the Joseph Grant Survey, Abstract No. 233, Colorado County, Texas, also being at Latitude 29.5161°N and Longitude 96.41 °W and Point A -2, the most downstream point, bearing N 67° 16' E, 6,538 feet from the aforementioned survey corner, also being at Latitude 29.5161°14 and Longitude 96.41 °W; and WHEREAS, Segment "C" is located downstream of the existing diversion point in Colorado, Wharton and Matagorda Counties with the most upstream point, Point C -1 bearing S 38° 14' E, 35,923 feet from the aforementioned survey corner, also being at Latitude 29.4297°11 and Longitude 96.3603 °W and Point C -2, the most downstream point, bearing S 31° 22' E, 256,196 feet from the aforementioned survey corner, also being at Latitude 28.89°N and Longitude 96.034 °W. Point C -1 is 4 river miles downstream of the FM 950 bridge near Garwood, Texas and Point C -2 is approximately 8 miles south of Bay City, Texas; and WHEREAS, with respect to all relevant hydrological issues, diversion from a point within Segment "A" would be essentially the same as diversion from the existing point of diversion; and • WHEREAS, the Executive Director has determined that any riparian impacts from the construction, operation or maintenance of any new diversion facilities that might be needed if a new point of diversion were located within either Segment "A" or Segment "C" would be adequately addressed, if necessary, through the authority of Section 401 of the federal dean Water Act and other federal regulations and thus, identification of a specific fixed point within either Segment "A" or Segment "C" does not require further Commission approval; and WHEREAS, the Executive Director has determined that there is a shortage of water in the area within which water is authorized to be used under either or both of the water rights for Lake Corpus Christi and Choke Canyon Reservoir (the "Nueces Water Rights Service Area"); and WHEREAS, the Nueces Water Rights Service Area includes areas within the Nueces and San Antonio River Basins, and the Nueces -Rio Grande and San Antonio - Nueces Coastal Basins; and 3 -110- 525 = 903 WHEREAS, the Executive Director's Instream Uses technical review has indicated that potential impacts resulting from the additional authorizations requested include the possible introduction of exogenous species into areas outside the Colorado River Basin; and WHEREAS, the Executive Director recommends that in order to minimize the potential of incidental transfer of exogenous organisms into areas outside the Colorado River Basin, the method of conveyance from the Colorado River Basin for use in areas outside the Colorado River Basin, other than for irrigation in areas within the Lavaca River Basin or the Brazos - Colorado or Colorado - Lavaca Coastal Basins, should be restricted to an enclosed pipeline or similar device from the diversion point on the Colorado River to the intended water treatment facilities, including any intermediate storage, pumping, or other transportation devices, isolated from natural drainage, or other similar conveyance system; and WHEREAS, Owner has applied for amendments to both Corpus Christi's Right and Garwood's Remaining Right; and WHEREAS, this Certificate of Adjudication No. 14 -5434B is Corpus Christi's Right, amended as requested by Owner; and WHEREAS, Certificate of Adjudication No. 14- 5434C, issued contemporaneously with this Certificate, is Garwood's Remaining Right, amended as requested by Owner; and WHEREAS, the Texas Natural Resource Conservation Commission finds that jurisdiction over the application' is established. NOW THEREFORE, this Certificate of Adjudication No. I4-5434B (Corpus Christi's Right, as amended) is issued to Garwood Irrigation Company, subject to the following terms and conditions: 1. USE AND PLACE OF USE Under this Certificate No. 14.5434B, Owner is authorized to divert and use not to exceed 35,000 acre -feet of water per annum from the Colorado River for municipal, industrial and irrigation purposes anywhere within the Colorado, Lavaca, Guadalupe, San Antonio, and Nueces River Basins, and the Colorado - Lavaca, Lavaca - Guadalupe, San Antonio - Nueces, and Nueces -Rio Grande Coastal Basins. 2. DIVERSION a. Location: (1) If the Owner of this Certificate and the owner of Certificate of Adjudication No. 14-5434C so agree, then water under this Certificate may be diverted at the existing point of diversion 4 525 = 901 authorized under Certificate of Adjudication No. 14 -5434C for the Garwood canal system. , (2) Owner shall have the right under this Paragraph 2.a.(2) to designate one additional point of diversion on the west bank of the Colorado River, either: (a) at an undefined point of diversion within Segment "A" on the Colorado River, as such segment is defined in Owner's application, with the most upstream point of the segment bearing N 66° 33' E, 6,595 feet from the southeast corner of the Joseph Grant Survey, Abstract No. 233, Colorado County, Texas, also being at Latitude 29.5161°14 and Longitude 96.41 °W and the most downstream point of the segment bearing 14 67° 16' E, 6,538 feet from the aforementioned survey comer, also being at Latitude 29.516114 and Longitude 96.41 °W; or (b) at an undefined point of diversion within Segment "C" on the Colorado River, as such segment is defined in Owner's application, with the most upstream point of the segment bearing S 38° 14' E, 35,923 feet from the aforementioned survey corner, also being at Latitude 29.4297°N and Longitude 96.3603 °W and the most downstream point of the segment bearing S 31° 22' E, 256,196 feet from the aforementioned survey corner, also being at Latitude 28.89°4 and Longitude 96.034 °W. Certificate Owner shall have the right under this Paragraph 2.a.(2) to designate only one additional point of diversion, as set forth in this Paragraph 2.a.(2). Certificate Owner shall designate the additional point of diversion by giving the Executive Director written notice of such designation. After designation of the additional point of diversion, Owner may not move such point of diversion without first requesting and obtaining an amendment to this Certificate. Certificate Owner shall have the right at any time prior to designating the additional diversion point to eliminate one or more of the possible additional points of diversion, segments or portions of segments by giving the Executive Director written notice of such action. Maximum diversion rate: 150 cfs (67,350 gpm). If water under this Cerificate is diverted at both points of diversion in accordance with Paragraph 2.a., above, then the maximum combined rate of diversion at any time shall not exceed 150 cfs (67,350 gpm). 5 —112— 525 - 905 c. Transport of water under this Certificate for use in areas outside the Colorado River Basin, other than for irrigation in areas within the Lavaca River Basin or the Brazos- Colorado or Colorado - Lavaca Coastal Basins, is restricted to an enclosed pipeline or similar device from the diversion point on the Colorado River to the intended water treatment facilities, including any intermediate storage, pumping, or other transportation devices, isolated from natural drainage. 3. PRIORITY The time priority of Owner's right under this Certificate No. 14-5434B is November 2, 1900. 4. WATER CONSERVATION a. Cenificate Owner shall maintain a water conservation plan that shall provide for the utilization of those practices, techniques and technologies that reduce or maintain the consumption of water, prevent or reduce the loss or waste of water, maintain or improve the efficiency in the use of water, increase the recycling and reuse of water or prevent the pollution of water, so that a water supply is made available for future or alternative uses. Such plan shall include a requirement in every wholesale water supply contract entered into, on or after the issue date of this amendment, including any contract extension or renewal, that each successive wholesale customer develop and implement water conservation measures. If the customer intends to resell the water, then the contract for the resale of the water must have water conservation requirements so that each successive wholesale customer in the resale of the water will be required to implement water conservation measures. b. Prior to the diversion of water for municipal or industrial use within the service area of the City of Corpus Christi, Owner shall provide to the Executive Director an updated water conservation plan by the City of Corpus Christi which addresses the issues identified in the Executive Director's technical review dated August 14, 1998. 5. ADDITIONAL SPECIAL CONDITIONS a. If Certificate Owner designates the additional point of diversion pursuant to paragraph 2.a.(2) of this Certificate to be a point within Segment "C" downstream of the existing point of diversion for Garw•ood's Right, then: (i) Owner shall have a right to divert at such downstream point of diversion with a November 2, 1900 priority date only that water which actually passes the existing point of diversion and which Owner would have had a right to divert 525 - 906 under this Certificate at the existing point of diversion; and (u) Owner's right to divert water that originates below the existing point of diversion shall be subordinate to water rights located downstream of the existing point of diversion and amendments of each as of the filing of this application on September 23, 1997. b. Pursuant to the additional special conditions set forth in Certificate of Adjudication No. 14-5434C issued contemporaneously with this Certificate, if the owner of Cenificate of Adjudication No. 14 -5434C should ever determine that it is no longer necessary or desirable for that owner to continue to maintain the small dam on the Colorado River authorized under Certificate of Adjudication No. 14-5434C, then the owner of Certificate of Adjudication No. 14 -5434C shall give notice of such determination to Certificate Owner. Certificate Owner will be authorized to maintain the dam at that time if, but only if: (i) Certificate Owner has the right at that time to divert water under this Certificate at a point on the reservoir created by the darn, and (ii) the Commission enters an order authorizing Certificate Owner to maintain the dam. Owner agrees to be bound by the terms, conditions and provisions contained herein and such agreement is a condition precedent to the granting of this amendment. All other matters requested in the application which are not specifically granted by this amendment are denied: This amendment is issued subject to the Rules of the Texas Natural Resource Conservation Commission and to the right of continuing supervision of State water resources exercised by the Commission. Date Issued: O C r 1 3 1998 STATE OF TEKAS COUNTY DFAUATAGORDA I hereby certify that this Instrument was FILED In File Numbor Sequence on the data and at the Ems stamped hereon by me. and was duly RECORDED in. IN OFFICIAL RECORDS 01 Matagorda County. Texas on JAN 121999 COUNTWCLERK, Matagorda County, Texas TEXAS NATURAL RESOURCE CONSERVATION COMMISSION Barry R. 7 — 1 1 4— cBee, Chairman FILED FOR RECORD JAN 121999 County Cleric Matagorda Co. Texas Attachment E Preliminary Engineering Feasibility Report —115— City of Corpus Christi Garwood Water Supply Project Preliminary Engineering Feasibility Report 1.0 Project Purpose and Description The City of Corpus Christi (the City) currently owns 35,000 acre -feet per year of senior water rights along the Colorado River. These rights were purchased from the Garwood Irrigation Company and are not currently being utilized by the City. In the future, the Colorado River will prove to be a necessary and essential water source for supplying both the coastal bend community and various industrial customers. The State Water Plan has identified this project as a primary water supply strategy for the coastal bend region. The Garwood Water Supply Pipeline and Pump Station will transport water from the Colorado River, at a location near Bay City, to the West Delivery System located south of Lake Texana. The project area is shown in Figure 1. The proposed project includes the following facilities: • Intake Structure and pump station on the Colorado River • Water Transmission Pipeline from Colorado River to the point of tie -in near Lake Texana • Tie -in to the Existing West Delivery System Pump Station to the Mary Rhodes Pipeline, including regulating tank facilities • Communication towers or fiber optic communication as needed After water is transported to the West Delivery System through the proposed transmission pipeline, the City of Corpus Christi will utilize the existing Mary Rhodes Pipeline to transport water from the West Delivery System to the O.N. Stevens Water Treatment Plant northwest of Corpus Christi. 2.0 Service Area Description and Need for Project The service area for the Garwood Water Supply Project is the coastal bend region which includes the following counties: Aransas, Bee, Brooks, Duval, Jim Wells, Kenedy, Kleberg, Live Oak, McMullen, Nueces, and San Patricio. The project will directly supply the City of Corpus Christi, which in turn sells water to two of the three other coastal bend regional water suppliers. The need for this project stems from the large projected population growth in the region. According to the 2005 Initially Prepared Regional Water Plan (IPP), the population in the coastal bend region will increase from 569,292 in the year 2000 to 885,665 in the year 2060. This is a projected population increase of 55.6 percent. This projection would call for an increase of 102,641 acre -feet per year of water during those sixty years. The Garwood Water Supply Project —116— would be able to account for over 30 percent of the required increase in water demand during that time. 3.0 Population and Water Use Data The following information found in Tables 1 and 2 was taken from the coastal Bend Regional Water Planning Area, Volume 1. Table 1: Historical and Projected Populations for the Coastal Bend Region Table 2: Total Water Demand by type of Use for the Coastal Bend Region (acre - feet/yr) Kstoriral Hojedions' ftreent Cxowfh2 (1980.00) _ Recant @owth2 (2000-60) 1980 1990 2700 2010 2020 2030 2040 2050 2060 Quntyi . .. ��. _ .. .. �... Aransas 14,260 17,892 22,497 26,863 30,604 32,560 32,201 30,422 26,791 231% 0.41% Bee 28.030 25,135 32,359 34,298 36,099 37,193 37,591 37,598 38686 1.09% 0.21% Brooks 8,428 8204 7,976 8,607 9,303 9,909 10,288 10,399 10,349 -0.28% 0.44% Ouval 12,517 12,918 13,120 13881 14,528 14,882 14,976 14,567 13819 0.24% 0.09% Jm Wells 36,496 37,679 39,326 42,434 45,303 47,149 47,955 47,615 46,596 0.37% 0.28% Kenedy 543 460 414 467 495 523 527 529 537 - 1.35% 0.43% Moberg 33,358 30,274 31,549 36,959 40,849 43,370 44,989 47,118 47,212 -0.28% 0.67% Live Oak 9,606 9,556 12,309 13,735 14,929 15,386 15,018 13,8)8 12,424 1.25% 0.02% McMullen 789 817 851 920 957 918 866 837 793 0.38% -0.12% Nueces 268,215 291,145 313645 358,278 405,492 447,014 483692 516,265 542,327 0.79°/, 0.92% 93n Patrido 58 ,013 58,749 67,138 80,701 98381 109,518 122,547 134,806 146,131 0.73% 1.30% Total for ltgon J 488,257[492,829 541,1841 617,143 693,9401 758,427 810,650 853,9641 885,66651 0.73% 0.82% 'Aoledions rom exasWater velopment Board. 20Dmpound annual growth rate. Table 2: Total Water Demand by type of Use for the Coastal Bend Region (acre - feet/yr) -117- fistorical Projections' 1990 2000 2010 2020 2030 I 2040 2050 2060 )Rlater Use Munidpal 108,620 99,950 111,495 122,861 132,063 139,425 146,036 151,474 Manufacturing 43 ,611 54,481 63,820 69,255 73,861 78,371 88,122 82,283 Seam- electric 2,404 8,799 7,316 14,312 16,733 19,683 27,664 23,280 Mining 11,897 14,413 15,787 16,640 17,490 18,347 19,114 7,563 Irrigation 14,237 21,971 20,072 18,611 17,077 15,703 14,470 13,365 Livestock 9,624 8,838 8,838 8,838 8,838 8,838 8,838 8,838 Total for Region 186,059 205,9361 27_5,9541 249,664 265,212 279,5101 293,2541 308,577 1Projedionsfrom Texas Water Development Board. -117- The projected populations are based upon a consensus "most- likely" scenario of growth. According to the Coastal Bend Regional Planning Group, this is based on "recent and prospective growth trends as determined by the opinions of a Technical Advisory Committee consisting of state agencies, key interest groups, and the general public." The projected water use correlates to the projected increase in the region's population. Also taken into account in these calculations is a declining per capita water use, manufacturing water - use efficiencies, power generation projections, the production of mineral commodities, estimates of the maximum livestock carrying capacity of the area's rangeland, estimated number of gallons of water per head of livestock, and assumptions regarding crop prices, crop yields, agriculture policy, and technological advances in irrigation. 4.0 Project Schedule The design and permitting schedule for the Garwood Water Supply Project is shown in Figure 2. 5.0 Benefitting Entities /Utilities The water from this project will go directly to the City of Corpus Christi. The City also sells water to the South Texas Water authority (STWA), and the San Patricio Municipal Water District (SPMWD). Together, these three entities distribute water to cities, water districts, large industrial facilities located on the La Quinta Ship channel, and water supply corporations providing water to residential, commercial, and industrial companies. —118— NeeOdvil FORT BEND Mexico Wharton WHARTON ol Campo BRAZQRIA Colorado River 0 Ganado :ay City MATAGORDA VICTORIA N PROJECT NO ATE brt Lavaca CALHON COROl DATUM 8 COORDINATE SYS NADB3 SIele Plane AxR1 M Cmlrxl Faet Freese 10814 a Illet ers i ILE Building 4, Suite 100 LOW. .mW Austin, TX 78759 PREPARED BY Phone: (512) 617 -3100 CES Fax: (512) 617-3101 Date: July 16. 2009 4:39 PM City of Corpus Christi Garwood Water Supply Project Garwood Vicinity Map Legend Proposed Alignment Options Option 1 Option 2 0 5 10 15 Miles Prepared 6y: ces— j I tile: H:\ PIPES_ PUMPS1FINAL _EXHIBITS\LOCation.mx FIGURE 1 J Garwood Water Supply Project Design Schedule 1= '! a 11 a e. u € I g? y O g• 1 a ?i °°g e 8 ESL 8; s A 6 t §a. I u c aOy `—kj Ca ke, =_— sot aeaelkx keeelane 0 Rasa lNkebne Critical Spml Task Progress meeeeerane keealane • -CADY Spa Teak PRapreae naeekne . - -- 1 naval Pimeee v_._.. _emu Swanne a.......a.. e......... ._ FIGURE 2 °%N It I i 4 r il ti .et a • o a `2 i asLL ! - ".0 is u S 1 s. � it _ i 6- 1 11 of gg 'aa ' _ _ a S g e- a o' c _ g a e e LL s i s a 5 5 S 5, 5, 5 5 5. s 'c C- .8 S 1 LL i W LL F F Y u F H 4 F ssa;naa 11 Us 11!1!111!1, rz r • e " a < n 2 e 3 C 0 S N ? a •g • Al n i , gS a p s 5 p$ ii " $ x g, E' g' e E j 7 a 3 F . g/ b � c � a a W � E8 $ g s$ u i •� a p ux °i } CE € d€ 8 1 1 1 1 1° 1 1 E 8 ES S i �i • S y W W C S O 6 N 3 '6 6 W rL 141 S o aa e e 5 5°15- 4 4 4 2 a e ;a uU 1 1 g e 5 € a � gg C R� 6 $ 4 i a� 'v V i 'a e�jl _...a.. 4 4 ,7 a E a f 1 g E% k E 8 3 x u i 8 88p C U P o4eal: Gsbnue Schedule 5-14-09 D ale: Fri 7/17/09 aI - ini Is B Iv is 1.7 1N 1- 1, n 2-1$412-1$4111* �� x g �g - m Attachment F Water Project Information Form (WRD -253d) —122— WRD -253d 03/08/05 Texas Water Development Board Water Project Information A. Project Name Garwood Water Supply Project B. Project No. C. County Matagorda and Jackson D. Program(s) TWDB WIF Deferred E. Loan Amount $8.0 Million F. Loan Term G. Water Project Description: (Multiphase project, new or expansion; plant, well, storage, pump station, distribution system, etc) The Garwood Water Supply Project consists of a new pipeline and pump station that will transport water from a new intake structure on the Colorado River near Bay City, Texas, to the West Delivery System south of Lake Texana. The City of Corpus Christi has water rights to 35,000 acre -feet per year of Colorado River water at a maximum diversion rate of 150 cfs. From Lake Texana, the water will be transported to the City of Corpus Christi through the existing Mary Rhodes Pipeline, which has available capacity for this purpose, and used by the City of Corpus Christi for irrigation, municipal and industrial purposes. Attach map of service area affected by Project or other documentation. H. Other Pertinent Planning Information (Describe) The project is identified as a primary water supply strategy for the Costal Bend Region in the 2006 State Water Plan. I. Is an Inter Basin Transfer potentially involved? Yes X No J. Is project located in a Groundwater District (If yes, identify District by name ? Yes Corpus Christi Aquifer Storage and Recovery Conservation District K. Projected Population from application for at least a 20 year period preferably in 5 year increments. Attach justification and list service area populations if different from Planning Area. Year Reference Year 2005 2010 2015 2020 2025 2030 2035 Population Projection 579,164 617,143 655,542 693,940 726,184 758,427 784,539 Project Design Year 2020 Design Population 693,542 L. Current Water Supply Information Surface Water Supply Name Certificate No. Annual Amount Used and Unit Ground Water Supply Aquifer County Well Field Location Annual Amount Used and Unit M. Proposed Water Supply Information (over loan repayment period) Surface Water Supply Name Colorado River Garwood Irrigation Company (Corpus Christi's Right) Certificate No. 14 -5434B Annual Amount Used and Unit 35,000 ac -ft Ground Water Supply Aquifer N/A County N/A Well Field Location N/A Annual Amount Used and Unit N/A N. Consulting Engineer Name John Wolfhope, P.E. Freese and Nichols, Inc. 0. Telephone No. 512- 617 -3100 P. E -mail address JSW @freese.com Q. Applicant Contact Name, Title Angel Escobar, City Manager, City of Corpus Christi, TX R. Telephone No. 361- 880 -3220 S. E -mail address 'AngelE @cctexas.com -123- Attachment G 2009 City of Corpus Christi Water Conservation and Drought Contingency Plan —124— `1101 City of Corpus Christi City of Corpus Christi Water Conservation and Drought Contingency Plan April 28, 2009 -125- AN ORDINANCE AMENDING SECTION 55- 151(a), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI REGARDING THE ADOPTION OF THE 2009 CORPUS CHRISTI WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55- 151(a), Code of Ordinances is revised to read as follows: "Sec. 55-151. Water conservation and drought contingency plan. "(a) The City of Corpus Christi Water Conservation and Drought Contingency Plan 2005 2009 dated April _ , e t , .• _ 28, 2009, a true copy of which is on file in the office of the city secretary, is adopted, and shall be followed in matters concerning water conservation, drought management, and water supply enhancement programs." 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. SECTION 4. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the 28th day of April, 2009. 028141 —126— ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa r'e ry Garr. City Secretary Mayor APPROVED: This 17th day of April, 2009: R.J Re''Ing First Ass stant Ci Attorney For City Attorney 2009 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN 04102009 -127— 2 Corpus Christi, Texas day of , 2009 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, Council Members Respectfully, enry Garr Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 028141 2009 WATER CONSERVATION AND DROUGHT CONTINGENCY PLAN 04102009 —128— Executive Summary 3 Chapter 1 Introduction 4 Chapter 2 Demand Profile, Targets, and Goals 7 2.1 Demand Profile 7 2.2 Goals 12 2.3 Utility Profile Survey 13 Chapter 3 Best Management Practices 14 3.1 Introduction 14 3.2 System Water Audit and Water Loss 14 3.3 Metering of All Connections 17 3.4 Water Conservation Pricing 18 3.5 Prohibition on Wasting Water 20 3.6 Conservation Coordinator 21 3.7 Public Information 23 3.8 School Education 25 3.9 Water -Wise Landscape Design and Conversion Program 27 3.10 Park Conservation 30 3.11 Reuse of Reclaimed Water 32 3.12 Plumbing Assistance 33 Chapter 4 Wholesale Customer Conservation 35 4.1 Summary 35 4.2 Wholesale Customer Targets and Goals 35 4.3 Metering, Monitoring, and Records Management 35 4.4 Leak Detection and Repair 35 4.5 Contractual Requirements 36 4.6 Targets and Goals 37 4.7 Reservoir System Operating Plan 38 Chapter 5 Drought Contingency Plan 39 5.1 Summary 39 5.2 Procedure - Implementation 39 5.3 Procedure - Notification 39 5.4 Plan Applicability 40 5.5 Enforcement 40 5.6 Emergency Criteria 40 5.7 Descriptions of Trigger Conditions 40 5.8 Target Goals 41 5.9 Wholesale Water Contracts 42 Glossary' 43 Appendix A Utility Profile Appendix B Water Conservation and Drought Contingency Ordinance Appendix C Reservoir Operations Plan Appendix D Water Rates Appendix E Water Conservation Implementation Report -129- Executive Summary The City of Corpus Christi has had a nationally recognized water conservation program for the past 19 years. The City was first in the state to create a Drought Contingency Plan in 1986 which served as a guide for state officials. Corpus Christi understands the seriousness of maintaining an active water conservation and drought contingency plan based on historic drought conditions. Since 1988, the City's Water Department assigned duties to a conservation coordinator to develop outreach programs. The building of the Xeriscape Learning Center and Design Garden has set precedence in commercial landscape ordinance requirements. Development of educational programs such as Toby Globy Eco- Action, Major Rivers and the Learning to be Water Wise programs are delivered to local classrooms. These efforts have resulted in measurable water savings. Total water consumption per person has dropped from 259 gallons per day in 1988 to 233 gallons per day in 2008. The City has also worked with its wholesale customers to promote water conservation and to coordinate efforts during times of water shortage as during the mid -1990s and 2006. This document contains all of the provisions required in Title 30, Texas Administrative Code Chapter 288.2 for public water suppliers, wholesale providers, and for a drought contingency plan. The document is divided into chapters that contain the major elements essential to each of the regulatory requirements, and appendices that contain legal ordinances enacting the Drought Contingency and Conservation Plan and water rates, as well as the utility profile and reservoir operations plan. Chapter One summarizes the reservoir operating systems that supply the City of Corpus Christi and its wholesale customers with raw and treated water. Chapter Two presents the demand profiles and quantifiable targets and goals for the City, indicating that water use is tracked by customer class, and that the City has related its metered data to its conservation aims. For example, the City's largest retail customer class is single - family residential at 89 percent of customers, while the largest customer class by consumption per connection is industrial at 15 million gallons per month. The City projects a 1 percent per year drop in per capita consumption over the next 10 years, and has a goal to keep system water loss below 10 percent. Chapter Three includes the 11 conservation best management practices that make up the City's Conservation Program. Mandatory elements, like metering, systems water audits, and conservation pricing are addressed, as well as voluntary practices like park conservation and water reuse. The City's conservation program is best known for its educational initiatives including efforts which target both adults and children. The Xeriscape Learning Center and Design Garden at the Museum of Science and History has attracted interest from horticultural and conservation specialists from around the state and the nation, as well as serving as a resource for school children and adults in Corpus Christi. Chapter Four includes the provision addressing the wholesale customers, including a summary of contractual requirements to conserve during water shortages, and targets and goals section for wholesale customers. Chapter Five includes a summary of the drought plan provisions which were enacted by ordinance in 2001, and the water use reduction targets for the drought plan. 3 -130- RESOLUTION BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI REQUESTING FINANCIAL ASSISTANCE FROM THE TEXAS WATER DEVELOPMENT BOARD IN THE AMOUNT OF $8,000,000 FOR THE PLANNING, DESIGN, AND PERMITTING OF A PIPELINE AND RELATED FACILITIES BETWEEN THE COLORADO RIVER AND THE MARY RHODES PIPELINE PUMPING FACILITY AT LAKE TEXANA; AUTHORIZING THE FILING OF AN APPLICATION FOR ASSISTANCE; AND MAKING CERTAIN FINDINGS IN CONNECTION THEREWITH. WHEREAS, the City Council of the City of Corpus Christi finds and determines that there is an urgent need to initiate the planning, design, and permitting of a pipeline and related facilities between the Colorado River and the Mary Rhodes Pipeline pumping facility at Lake Texana, in order to exercise the City's Garwood water rights; and this activity cannot be reasonably financed without financial assistance from the Texas Water Development Board; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That an application is hereby approved and authorized to be filed with the Texas Water Development Board seeking financial assistance in an amount not to exceed $8,000,000 to provide for the costs of the planning, design, and permitting phases of the City of Corpus Christi, Texas, Garwood Water Supply Project. SECTION 2. That the City Manager, 'Angel R. Escobar, be and is hereby designated the authorized representative of the City of Corpus Christi for purposes of furnishing such information and executing such documents as may be required in connection with the preparation and filing of such application for financial assistance and the rules of the Texas Water Development Board. SECTION 3. That the following firms and individuals are hereby authorized and directed to aid and assist in the preparation and submission of such application and appear on behalf of and represent the City of Corpus Christi before any hearing held by the Texas Water Development Board on such application, to wit: Financial Advisor: Mark Seal M.E. Allison & Co., Inc. 950 E. Basse Road, Second Floor San Antonio, TX 78209 210- 9304000 TWDB Grant Application Resolution — 07202009b —131— Engineer: John S. Wolfhope, P.E. Freese and Nichols, Inc. 10814 Jollyville Road, Building 4, Suite 100 Austin, TX 78759 512 - 617 -3100 Bond Counsel: W. Jeffrey Kuhn Clayton Binford Fulbright and Jaworski, LLP 300 Convent Street, Suite 2200 San Antonio, TX 78205 210- 224 -5575 ATTEST: Armando Chapa City Secretary THE CITY OF CORPUS CHRISTI Joe Adame Mayor APPROVED AS TO FORM: 20th day of July, 2009. R. J R ning First Assistant City Attorney For City Attorney TWDB Grant Application Resolution -- 07202009b —132— 2 Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott TWDB Grant Application Resolution -- 07202009b —133— 3 1( CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 28, 2009 AGENDA ITEM: A. Resolution nominating CITGO Refining and Chemicals Company, L.P., to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a triple jumbo enterprise project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code B. Resolution nominating Valero Refining - Texas, L.P., to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a triple jumbo enterprise project, under the Texas Enterprise Zone Program under the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code ISSUE: On November 13, 2007, the City of Corpus Christi approved a commitment to nominate CITGO Refining and Chemicals Company, L.P., and Valero Refining — Texas, L.P., each for designation as a Triple Enterprise Project for the biennium beginning in September 2009. The language "Committing to Nominate" was used therefore, the resolutions do not meet the criteria for the Enterprise Zone Program since it did not state that the City of Corpus Christi nominates the company only commits to nominate. This item corrects the resolution passed for CITGO and Valero on November 13, 2007 for designation as Triple Jumbo Enterprise Projects to state that the City of Corpus Christi nominates CITGO Refining and Chemicals Company, L.P., and Valero Refining — Texas, L.P., each for designation as a Triple Enterprise Project for the biennium beginning in September 2009. REQUIRED COUNCIL ACTION: Council approval of the resolution PREVIOUS COUNCIL ACTION: On November 13, 2007, the City of Corpus Christi approved a commitment to nominate CITGO Refining and Chemicals Company, L.P., to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a Triple Enterprise Project for the biennium beginning in September 2009. CONCLUSION AND RECOMMENDATION: Staff recommends approval of CITGO Refining and Chemicals Company, L.P., to the Office of the Governor Economic Development & Tourism, through the Economic Development Bank, for designation as a Triple Enterprise Project for the biennium beginning in September 2009. Irma Caballero Director of Economic Development irmaca @cctexas.com 826 -3850 —137— BACKGROUND INFORMATION Under State Law, the Office of the Governor — Economic Development and Tourism Division through the Texas Economic Development Bank administers the Texas Enterprise Zone (TEZ) Program. According to the Texas Enterprise Zone Act, Chapter 2303, Texas Government Code, the purpose of the program is to encourage job creation, job retention, and capital investment in areas of economic distress. A qualifying business is nominated by its local city or county to receive state sales tax refunds. By granting these incentives to businesses in need, the City of Corpus Christi seeks to encourage improvements and progress and at the same time adhere to the rules and regulations set forth by the State. Communities participating in the Texas Enterprise Zone Program are required to provide incentives to the project in addition to offering nomination for participation in the Texas Enterprise Zone Program. At least one of the incentives must be exclusive to the Texas Enterprise Zone. A designated project located in the Texas Enterprise Zone must agree to hire at least 25 percent of their employees from the enterprise zone or economically disadvantaged groups and in return will receive a refund of sales and use tax (SUT) paid to the Office of the Comptroller. If the project is located outside the zone, the project must agree to hire at least 35 percent of its new employees from the Enterprise Zone or economically distressed groups. The program allows a refund of $2,500 up to $7,500 for each job created or retained. If investment levels are adequate, the local nominating governing body may nominate a project as a Double or Triple Jumbo Project designation, increasing the value per job created or retained to $5,000 or $7,500, respectively. Therefore, a double jumbo project can receive a rebate of up to $2.5 million, and a triple jumbo project can receive a rebate of up to $3.75 million. Level of Capital Investment Maximum number of jobs allocated Maximum potential refund Maximum refund per job allocated $40,000 to $399,999 10 $25,000 $2,500 $400,000 to $999,999 25 $62,500 $2,500 $1,000,000 to $4,999,999 125 $312,500 $2,500 $5,000,000 to $149,999,999 500 $1,250,000 $2,500 Double Jumbo Project $150,000,000 to $249,999,999 500 $2,500,000 $5,000 Triple Jumbo Project $250,000,000 or more 500 1 aC $3,750,000 $7,500 Effective September 1, 2009, HB 271 will allow each participating community with a population less than 250,000 to nominate up to six slots per biennium and communities with a population more than 250,000 to nominate up to nine slots per biennium. This new legislation increases the number of slots for the City of Corpus Christi from six to nine. On November 13, 2007, the City committed a triple jumbo project to both Valero and CITGO. This would allow each to take three slots. The Corpus Christi Regional Economic Development Corporation is currently reviewing potential projects for the remaining three slots for the biennium beginning September 2009. The City of Corpus Christi has nominated a number of projects including the Greyhound Racetrack, First Data Corporation, Coastal Refining and Marketing, CITGO Refining and Chemicals Company, L.P., Trinity Towers, L.P., APAC Corporation, and Valero Refining - Texas, L.P. To date, the designated enterprise zone projects have resulted in several billion in investment in Corpus Christi. These capital investments represent more than one -third of all capital investment in all of the state enterprise zones combined. CITGO Refining and Chemicals Company, L.P. ( "CITGO ") CITGO is a subsidiary of CITGO Petroleum Corporation ( "CITGO Petroleum ") and is currently headquartered in Houston, Texas. CITGO Petroleum is owned by PDV America, Inc., an indirect, wholly owned subsidiary of Petr6leos de Venezuela, S.A., the national oil company of the Bolivarian Republic of Venezuela. CITGO is recognized as a leading manufacturer, marketer, and transporter of gasoline, jet turbine fuel, diesel fuel, heating oils, lubricants, refined waxes, petrochemicals, asphalt, and petroleum -based industrial products. CITGO produces a wide range of conventional and reformulated gasoline to meet the needs of marketers and retailers. CITGO refineries produce 117 million barrels of gasoline, 61 million barrels of distillates and 25 million barrels of jet fuel per year. According to CITGO, success has been due to a continued commitment to safe worksites for employees, environmental stewardship, and a focus on the long -term financial health of the company through strategic growth and business diversity. CITGO currently employs 540 jobs in Corpus Christi. CITGO anticipates spending an estimated $250 million over a five year period (2009 through 2014) and retaining the existing level of employment. CITGO would like to be nominated for Enterprise Zone designation, receiving three slots, for the next biennium beginning in September 2009. Valero Refining — Texas, LP ( "Valero Refining ") Valero Refining is a subsidiary of Valero Energy Corporation ( "Valero "), a Fortune 500 company based in San Antonio, TX. Valero is the largest refiner in North America with locations in Canada, the Gulf Coast, the West Coast and the Caribbean. Valero employs approximately 21,000 individuals and has $38 billion in assets. Valero Refining — Texas, L.P. Corpus Christi Refinery has been recognized as one of safest refiners in the country by the Occupational Safety and Health Association's Voluntary Protection Program. The refiner specializes in environmentally clean fuels and has the capacity to produce 340,000 barrels per day. Approximately 820 individuals are employed on the facility's 523 combined BM:- It has also been considered one of the mnot ennhic +iro+erl and +nrhnnlnnirell„ md,ionreri refinore in the Valero operates two refinery locations in the Corpus Christi area. Between these two locations, the West plant and the East plant, a wide variety of petrochemical and petroleum products are manufactured. The West plant produces reformulated gasoline (RFG) and low- sulfur diesel. It also stands as one of the very few refiners outside of California to produce California Air Resources Board (CARB) gasoline and diesel. The East plant produces light products including conventional gasoline, diesel, jet fuel, propane, butane, light naphthas, asphalt and petroleum coke. Valero carries a strong record of steady growth in this community. Over the course of approximately three years, Valero made capital investments of $1.024 billion towards the Corpus Christi facility. This figure was above the amount committed to in June 2004 of $611.93 million. Valero is currently retaining 823 jobs in Corpus Christi and has certified 500 jobs with the Texas Comptroller of Public Accounts. Valero anticipates spending an estimated $250 million over a five year period (2009 through 2014) and retaining the existing level of employment of jobs. Valero Refining - Texas, L.P. would like to be nominated for Enterprise Zone designation, receiving three slots, for the next biennium beginning in September 2009. —140— Page 1 of 3 RESOLUTION NOMINATING CITGO REFINING AND CHEMICALS COMPANY, L.P., TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM, THROUGH THE ECONOMIC DEVELOPMENT BANK, FOR DESIGNATION AS A TRIPLE JUMBO ENTERPRISE PROJECT, UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE WHEREAS, the City of Corpus Christi ( "City "), on October 14, 2003, passed Ordinance No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same, on this date, as were outlined in Ordinance No. 025513; WHEREAS, the Office of the Governor Economic Development and Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") will consider CITGO Refining and Chemicals Company, L.P., ( "CITGO ") as a triple jumbo enterprise project under a nomination and an application made by the City; WHEREAS, the City desires to create the proper economic and social environment in order to induce the investment of private resources in productive business enterprises within the City, and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, under Subchapter F of the Texas Enterprise Zone Act (Chapter 2303, Texas Government Code C Act" j), CITGO has applied to the City for designation as a triple jumbo enterprise project; and WHEREAS, the City finds that CITGO, located at 1802 Nueces Bay Boulevard, Corpus Christi, Texas 78469, meets the criteria for designation as a triple jumbo enterprise project under Subchapter F of the Act on the following grounds: 1. CITGO is a "qualified business," under Section 2303.402 of the Act, since it will be engaged in the active conduct of a trade or business, at a qualified business site located within the City's jurisdiction, is located inside of an enterprise zone, and at least twenty -five percent (25.0 %) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; 2. CITGO is located in an Enterprise Zone, which is also an area designated by the Federal Government as a Renewal Community (Section 2303.101(2) of the Act) and in Census Tract 50, Block Group 1, as defined by the most recent Federal decennial census available at the time of designation, in which at least 20 percent of the residents of the block group have an income at or below 100 percent of the federal poverty level (Section 2303.101(1) of the Act); —141 - Citgo Enterprise Project Nomination Resolution — 07232009.doc Page 2of3 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of CITGO as a triple jumbo enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that CITGO meets the criteria for tax relief and other incentives adopted by the City and nominates CITGO as a single retained job enterprise project on the grounds that it will be located at a qualified business site and will retain its existing level of employment, economic activity, and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate CITGO as a triple jumbo enterprise project under the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this resolution taken at the City Council meeting held on July 28, 2009, are approved and adopted. SECTION 2. That CITGO is a "qualified business," as defined in Section 2303.402 of the Act, and meets the criteria for designation as a triple jumbo enterprise project under Subchapter F of the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the agency and terminate on September 1, 2014. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Joe Adame City Secretary Mayor APPROVED: 22nd day of July, 2009. R. Jay Reining First Assistant City Attorney For City Attorney —142 - Citao Enterprise Prnient Nnminatinn PesnLdinn — n7917009.don Page 3 of 3 Corpus Christi, Texas of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott —143 - Citgo Enterprise Project Nomination Resolution -- 07232009.doc Page 1 of 3 RESOLUTION NOMINATING VALERO REFINING — TEXAS, L.P., TO THE OFFICE OF THE GOVERNOR ECONOMIC DEVELOPMENT & TOURISM, THROUGH THE ECONOMIC DEVELOPMENT BANK, FOR DESIGNATION AS A TRIPLE JUMBO ENTERPRISE PROJECT, UNDER THE TEXAS ENTERPRISE ZONE PROGRAM UNDER THE TEXAS ENTERPRISE ZONE ACT, CHAPTER 2303, TEXAS GOVERNMENT CODE WHEREAS, the City of Corpus Christi ( "City "), on October 14, 2003, passed Ordinance No. 025513 electing to participate in the Texas Enterprise Zone Program, and the local incentives offered under this resolution are the same, on this date, as were outlined in Ordinance No. 025513; WHEREAS, the Office of the Governor Economic Development and Tourism ( "EDT ") through the Economic Development Bank ( "Bank ") will consider Valero Refining — Texas, L.P., ( "Valero ") as a triple jumbo enterprise project under a nomination and an application made by the City; WHEREAS, the City desires to create the proper economic and social environment in order to induce the investment of private resources in productive business enterprises within the City, and to provide employment to residents of enterprise zones and to other economically disadvantaged individuals; WHEREAS, under Subchapter F of the Texas Enterprise Zone Act (Chapter 2303, Texas Government Code [ "Act "]), Valero has applied to the City for designation as a triple jumbo enterprise project; and WHEREAS, the City finds that Valero, located at 5900 Up River Road, Corpus Christi, Texas 78407 -1001, meets the criteria for designation as a triple jumbo enterprise project under Subchapter F of the Act on the following grounds: 1. Valero is a "qualified business," under Section 2303.402 of the Act,-since it will be engaged in the active conduct of a trade or business, at a qualified business site located within the City's jurisdiction, is located inside of an enterprise zone, and at least twenty -five percent (25.0 %) of the business' new employees will be residents of an enterprise zone or economically disadvantaged individuals; 2. Valero is located in an Enterprise Zone, which is also an area designated by the Federal Government as a Renewal Community (Section 2303.101(2) of the Act) and in Census Tract 50, Block Group 1, as defined by the most recent Federal decennial census available at the time of designation, in which at least 20 percent of the residents of the block group have an income at or below 100 percent of the federal poverty level (Section 2303.101(1) of the Act); —144— ValPrn Fnfarnriea Prninrf Mnmincfinn Peen n7919nna nnn Page 2 of 3 3. There has been and will continue to be a high level of cooperation between public, private, and neighborhood entities within the area; and 4. The designation of Valero as a triple jumbo enterprise project will contribute significantly to the achievement of the plans of the City for development and revitalization of the area; WHEREAS, the City finds that Valero meets the criteria for tax relief and other incentives adopted by the City and nominates Valero as a single retained job enterprise project on the grounds that it will be located at a qualified business site and will retain its existing level of employment, economic activity, and stability; and WHEREAS, the City finds that it is in the best interest of the City to nominate Valero as a triple jumbo enterprise project under the Act; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the findings of the City Council and its actions approving this resolution taken at the City Council meeting held on July 28, 2009, are approved and adopted. SECTION 2. That Valero is a "qualified business," as defined in Section 2303.402 of the Act, and meets the criteria for designation as a triple jumbo enterprise project under Subchapter F of the Act. SECTION 3. That the enterprise project shall take effect on the date of designation of the enterprise project by the agency and terminate on September 1, 2014. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 22nd day of July, 2009. R. Jay Reining First Assistant City Attorney For City Attorney Joe Adame Mayor —145 — Valero Enterprise Project Nomination Resolution — 07232009.doc Page 3 of 3 Corpus Christi, Texas of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott —146— Valero Enternrisn Prniprt Nnminatinn Pn r,I' Minn _ n7939M0 dnr 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 28, 2009 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute a contract for the collection of delinquent special assessments, demolition, and weed lien accounts with Linebarger, Goggan, Blair & Sampson, LLP for a fee of 25% of principal and interest collected on delinquent accounts turned over to law firm. ISSUE: Since 1988, the City of Corpus Christi has utilized the services of Linebarger, Goggan, Blair & Sampson, LLP (a local firm) to perform collections of delinquent paving assessments, demolition, and other assessments. The firm had been performing collections on delinquent property taxes for the City of Corpus Christi since May 1985. The most recent contract that the City had with the law firm was for a one year period from December 1, 2001 through November 30, 2002 with three additional one -year periods. The City exercised each of the three renewal periods, and so the contract expired on November 30, 2005. This resolution will authorize the City Manager to enter into a new contract with the law firm for a one -year period with three one -year renewals. PREVIOUS COUNCIL ACTION: November 20, 2001 — Motion (M2001 -435) authorizing the City Manager to execute a contract for the collection of delinquent special assessment, demolition, and weed lien accounts with Linebarger Goggan, Blair, Pefia & Sampson LLP for the period of December 1, 2001 through November 30, 2002, with renewal terms for up to three additional one -year periods. September 23, 1997 — Motion (M97 -262) authorizing the City Manager to execute a contract with Calame, Linebarger, Graham and Pena, LLP for the collection of delinquent special assessment accounts for the period from the date of execution until September 30, 1999 with the option to renew for two additional one -year periods. March 2, 1993 - Motion (M93 -071) authorizing the City Manager to enter into a contract for the collection of delinquent special assessment, demolition, and weed lien accounts with Calame, Linebarger, Graham, and Pella. December 8, 1992 - Motion (M92 -323) authorizing the City Manager to enter into a temporary contract through January 3, 1993 with an option to extend for an additional two months with Calame, Linebarger, Graham, and Pena for the collection of delinquent special assessment, demolition, and weed lien accounts. October 9, 1990 - Motion (M90 -261) approving the renewal of the contract with Calame, Linebarger and Graham for the collection services on delinquent special assessment, demolition and weed cleaning accounts for a twenty-four month period. April 19, 1988 - Resolution No. 20275 authorizing the execution of an extension of the contract with Calame, Linebarger, and Graham for the collection of delinquent ad valorem taxes. April 8, 1986 - Motion (M86 -0183) authorizing the extension of a two -year contract for the collection of delinquent ad valorem property taxes to Calame, Linebarger, and Graham, in association with Nicolas, Morris & Barrow for the period July 1, 1986 through June 30, 1988. May 21, 1985 - Motion (M85 -0263) awarding a contract to Calame, Linebarger, and Graham for collection of delinquent taxes. REQUIRED COUNCIL ACTION: Approval of the proposed resolution is requested. CONCLUSION AND RECOMMENDATION: Staff recommends that City Council approve the proposed resolution. Attachments Constance P. Sanchez Background Information Interim Director of Financial Services Resolution constancep @cctexas.com Contract —1 4 9 — (361) 826 -3227 BACKGROUND INFORMATION Since 1988, the City of' Corpus Christi has utilized the services of Linebarger, Goggan, Blair & Sampson, LLP (a local firm) to perform collections of delinquent paving assessments, demolition, and weed liens. The firm had been performing collections on delinquent property taxes for the City of Corpus Christi since May 1985. The most recent contract that the City had with the law firm was for a one year period from December 1, 2001 through November 30, 2002 with the option to renew for three additional one -year periods. The City exercised each of the three renewal periods, and so the contract expired on November 30, 2005. The last time that Linebarger, Goggan, Blair & Sampson LLP sent out collection letters for delinquent was in 1999. The City provided the law firm with a listing of each delinquent account — including the principal amount of the charge, interest accrued, and a surcharge for attorney's fees. Subsequent to that time, the City converted its accounts receivable billing system from a manual system to a computerized system (HTE — Miscellaneous Receivable Module). The new computer system was able to accommodate monthly billings for all the various types of billings that the City does. However, the module for delinquent accounts (where interest would need to be computed) has never worked correctly. Throughout the years since 1999, City staff has worked with the software company to try to figure out what the problem was so that it could be fixed. It was determined that since the City utilizes another software package for the general ledger system (PeopleSoft), when the accounts receivable accounts interface with the City's general ledger system, there is a problem in the system so that interest does not compute correctly. As a result of this, statements for delinquent accounts had not been generated because of the inaccurate information on the statements. It should be noted that in 2007, City staff sent out statements on old paving assessment accounts, demolition accounts and weed lien accounts, but only the principal amount of the charge was included (no interest). For the last 3 to 5 years, City staff has worked with the City's Municipal Information Systems (MIS) department to come up with a work - around so that accurate invoices could be generated. This work- around was completed in May 2009, and as a result, the City sent out close to 8,000 invoices for delinquent accounts The customers were given until June 30, 2009, to contact the City to either discuss the charges or to make arrangements to pay. Those accounts that have not been resolved to date will be turned over to the law firm for collection. As of June 30, 2009, of the 7,969 invoices sent out, we have had 302 accounts paid in full; 240 accounts have been placed payment plans; 150 accounts have been adjusted off the system due to lack of documentation, wrong data, etc.; and 151 accounts had been sent to Nueces County as trustee for properties struck off the tax roll. These balances should be recovered whenever the property is sold, and so Nueces County should not have been billed. The remaining 7,126 accounts will be included in what is turned over to the law firm for collection. City staff is recommending that delinquent paving assessments, demolition, and weed liens on all old accounts and for all future delinquent accounts be turned over to Linebarger, Goggan, Blair & Sampson, LLP for collection. A charge of 25% of both the principal and interest will be added to each delinquent account. When the customer pays their invoice, then the City will remit to the law firm on a monthly basis the 25% attorney's fee collected on each account. Additionally, any new delinquent accounts from this point forward will be turned over to the law firm after the 30th day it remains unpaid. —150— BACKGROUND INFORMATION (continued) Once all these delinquent accounts have been turned over to the law firm, then Financial Services will only be billing for current activity. All invoices for billings of this type will include a statement notifying the customer that they have 30 days to pay the amount due. The invoice will indicate that if the account is not paid within 30 days, then a lien will be placed on the property; the account will be turned over to a law firm for collection; and an additional 25% of the outstanding balance will be assessed for attomey fees. Financial Services will be remitting delinquent accounts to the law firm on a monthly basis from this point forward, and the law firm will then be pursuing delinquent collections for the City. City staff is proposing that the attached contract be effective upon approval by the State Comptroller's office, for a one -year period with the option of renewing for three additional one -year periods. Section 403.0305 of the Texas Government Code requires Comptroller review and approval for this type of contract. We are anticipating that the Comptroller will approve this contract by mid - August — at which time the delinquent accounts will be turned over to Linebarger, Goggan, Blair & Sampson, LLP for collection. —151— Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A CONTRACT FOR THE COLLECTION OF DELINQUENT SPECIAL ASSESSMENTS, DEMOLITION, AND WEED LIEN ACCOUNTS WITH LINEBARGER, GOGGAN, BLAIR & SAMPSON, LLP FOR A FEE OF 25% OF PRINCIPAL AND INTEREST COLLECTED ON DELINQUENT ACCOUNTS TURNED OVER TO LAW FIRM. Whereas the City of Corpus Christi has legal authority to enter into contracts with outside counsel; and Now, therefore, be it resolved by the City Council of the City of Corpus Christi, Texas, that: SECTION 1. The City Manager or designee is authorized to execute the attached contingent legal fee services contract with Linebarger, Goggan, Blair & Sampson, LLP for the collection of delinquent special assessments, demolition and weed lien accounts for a fee of 25% of principal and interest collected on delinquent accounts turned over to Law firm. A copy of the contract is attached as Exhibit A. SECTION 2. The City of Corpus Christi has substantial need for the legal services to be provided by the attached contingent fee legal services contract. SECTION 3. The legal services cannot be adequately performed by the attorneys and supporting personnel of the City of Corpus Christi. SECTION 4. The legal services cannot reasonably be obtained from attorneys in private practice under a contract providing only for the payment of hourly fees, without regard to the outcome of the matter, because of the nature of the matter for which the services will be obtained or because the City of Corpus Christi does not have appropriated or other budgeted funds available to pay the estimated amounts required under a contract providing only for the payment of hourly fees. SECTION 5. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: July 20, 2009 Lisa Aguil j Assistant City Attorney for the Ci Attorney H: \LEG- DIR \Lisa\2009 Resolutions \RES- autthrfbarger contract.doc Page 2 of 2 Corpus Christi, Texas Day of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla Leal John Marez Nelda Martinez Mark Scott H: \LEG- DIR \Lisa\2009 Resolutions \RES- authLinebarger contract.doc —153— LAW FIRM CONTINGENT FEE CONTRACT This Agreement ( "Agreement ") is made on this the _ day of , 2009, between City of Corpus Christi, Texas, hereinafter referred to as "City ", and Linebarger Goggan Blair & Sampson, LLP, hereinafter referred to as "Law Firm"; In consideration of the mutual promises herein contained, the parties hereto agree as follows: I. PURPOSE OF REPRESENTATION 1.01 City hereby retains and employs Law Firm for the collection of all delinquent accounts in special assessments levied in connection with paving liens and liens filed under Chapter 342 of the Health and Safety Code, including principal and interest owing to the City thereby, hereinafter referred to as "Delinquent Accounts" or "Delinquent Accounts in Special Assessments ". An account is delinquent when it remains unpaid after thirty (30) days of initial invoice. 1.02 The City authorizes and directs Law Firm to take all actions necessary to include the Delinquent Account in pending tax suit, including all necessary court appearances, research, investigation, correspondence, preparation and drafting of pleadings, and all related work necessary to properly represent the City's interest in these matters. If additional liens are filed after the initiation of the tax suit, but before final judgment, Law Firm shall amend the pleadings to include such additional liens. The Law Firm shall represent the City in all bankruptcies filed by delinquent property owners, including filing claims, monitoring the bankruptcy process, attending hearings as necessary, and otherwise insuring the City's interests are protected in the bankruptcy matter with respect to Delinquent Accounts. 1.03 The Law Firm shall pursue collection methods such as letters, telephone calls, in person contact regarding the collection of Delinquent Accounts in Special Assessments. The Law Firm agrees to contact the person who is legally responsible for the Delinquent Account to collect amounts owed. This shall be accomplished by mailings to delinquent accounts on intervals to be agreed upon by the Law Firm and the Director of Financial Services. City shall reimburse Law Firm for actual cost of mailings. Exhibit 1 identifies specific tasks to be performed by Law Firm. 1.04 The Law Firm shall provide the City Director of Financial Services with written monthly reports detailing its activities for the preceding month. No settlement agreement of any claim, suit or proceeding shall be entered into without the approval of the City Director of Financial Services. 1.05 The Law Firm is to call to the attention of the City Director of Financial Services any errors, double assessments, or other discrepancies coming under its observation during the progress of the work. Ownership of information acquired by Law Firm HALEG- DIR\Lisa\2009 Finance\ATTORNEY CONTINGENT FEE CONTRACT v5 (clean).doc —154— 1 concerning the services performed during this agreement belongs to the City, and Law Firm shall only use such information as needed to perform required services. 1.06 The Law Firm shall direct that all payments be made directly to the City of Corpus Christi, at the Financial Services Division. No settlement agreement of any claim, suit or proceeding shall be entered into without the approval of the City's Director of Financial Services. 1.07 The Law Firm shall maintain a file for each referred claim which shall be available to the City at all times for inspection. Such file shall contain all data pertinent to the claim to support its disposition. All documents, papers, or records pertaining to a file shall be retained after conclusion of all legal proceedings for disposition as mutually agreed to by the City's Director of Financial Services and Law firm. 1.08 Upon the written request of the City Director of Financial Services, the Law Firm shall prepare affidavits of lien and release of lien documents. Fee for this service is $10 per document, plus reimbursement of filing fees. II. LAW FIRM'S FEES AND EXPENSES 2.01 As compensation for services required under this contract, City hereby agrees to pay Law Firm 25% of all Delinquent Accounts in Special Assessments which are referred to Law Firm for collection and which are actually collected and paid to the City during the term of this contract, to be paid by and collected from the property owners. All such compensation shall become the property of the Law Firm at the time payment of the monies is made to the City. The City shall pay over said funds monthly by check and include a collection report summarizing the Delinquent Accounts in Special Assessments for which payment was received by the City. 2.02 It is understood that if the amount of Law Firm's fees under this Contract are regulated or governed by law, and that law precludes any other fee arrangement other than the amount set by law or regulation, then the amount payable to Law Firm is limited to the maximum allowed by law. 2.03 Monthly invoices will be forwarded to City for any costs and expenses which may be associated with recovery of monies owed to City. 2.04 The Law Firm agrees to pay all court costs which the City would be legally obligated to pay and which are incurred in the performance of this Contract. Law Firm will attempt to collect from the delinquent property owner all such costs as are assessable against the delinquent property owner. Specifically, the Law Firm agrees to pay any such costs including citations by publication, services costs, and out of state costs if such collection cannot be made from property owner. III. REQUIRED RECITALS 3.01 This Agreement is effective only after review and approval by the Comptroller for the State of Texas. H: \LEG- DIR\Lisa\20o9 Finance\ATTORNEY CONTINGENT FEE CONTRACT v5 (clean).doc 2 3.02 Law Firm shall keep current and complete written time and expense records that describe in detail the time and money spent each day in performing under this Contract as required by Section 2254.104 (a) Texas Government Code. 3.03 At any time upon request, Law Firm shall permit City, City's governing officials, the Law Firm General for the State of Texas, the State Auditor, or any other appropriate official, to inspect or obtain copies of the time and expense records kept in accordance with Section 3.02, as required by Section 2254.104 (b) Texas Government Code. 3.04 Upon conclusion of any matter for which Law Firm was retained, Law Firm shall provide City with a complete written statement that describes the outcome of the matter, states the amount of any recovery, shows Law Firm's computation of the amount of the contingent fee, and contains the final complete time and expense records, as required by Section 2254.104(c) Texas Government Code. 3.05 All time and expense records kept in accordance with Section 3.02 are public information subject to required disclosure under Chapter 552 of the Texas Government Code. Information contained in the time and expense records may be withheld from a member of the public under Section 552.103 of the Texas Government Code only if, in addition to meeting the requirements of Section 552.103 of the Texas Government Code, the chief legal officer or employee of City determines that withholding the information is necessary to protect City's strategy or position in pending or reasonably anticipated litigation. If any information is withheld in accordance with the Section, City shall segregate said information from information that is subject to required public disclosure. 3.06 There is no difference in the method by which the contingent fee will be computed if any matter is settled, tried, or tried and appealed. 3.07 Law Firm is responsible for the payment of litigation and all other expenses, except that City shall reimburse costs of mailing notices of collection to delinquent property owners. Reimbursement of mailing notices expenses is not to be paid out of the contingent fee payment.. Rather, such reimbursement shall be issued directly to Law Firm upon City's receipt of invoice for reimbursement of mailing expenses. 3.08 Any subcontracted legal or support services performed by a person who is not associated with Law Firm is an expense subject to reimbursement only in accordance with Subchapter C, Chapter 2254 of the Texas Government Code. 3.09 The amount of the contingent fee and reimbursement of expenses under this Contract will be paid and limited in accordance with Subchapter C, Chapter 2254 of the Texas Government Code. H: \LEG- DIR \Lisa\2009 Finance\ATTORNEY C91 jINGENT FEE CONTRACT v5 (clean).doc 3 3.10 City and Law Firm agree that this Contract contemplates a series of recoveries, and that each individual recovery will be less than $100,000.00. City and Law Firm agree that if a recovery that exceeds $100,000 is possible, this Contract will not govern those legal services, but rather a different arrangement under Chapter 2254 Texas Government Code will be reached between the parties. 3.11 Payment of fees and expenses by City will be governed by the requirements set forth in Section 2254.108 of the Texas Government Code. 3.12 The parties may replace this Article III with replacement Article III described in Exhibit 2, upon written determination by Texas Comptroller Office that this contract is not subject to compliance with Chapter 2254 Subchapter C of the Texas Government Code. IV. TERM 4.01 The term of this Agreement begins upon date of Comptroller approval, and continues for one year, with three one year renewal periods. If the Comptroller determines that Comptroller approval is not required for this contract, then the term of this Agreement begins upon date of City Council approval. Either party may terminate this Agreement upon sixty (60) days prior written notice. Upon termination, Law Firm will deliver all pending files on cases referred to it under this Contract to the City. The Law Firm has six (6) months following termination of the contract to reduce to judgments all suits filed prior thereto. V. CITY RESPONSIBILITIES 5.01 City shall identify tax account number, owner name, street address, legal description and amounts owed on original list submitted to Law Firm. 5.02 City shall maintain payment agreements as computer capabilities allow. 5.03 City shall maintain database of Delinquent Accounts in Special Assessments. 5.04 City shall notify Law Firm of any forwarding address on returned mail received by City.. 5.05 City shall enter address changes and updates to City records of Delinquent Accounts as per updated Nueces County Appraisal District records. 5.06 City shall respond to incoming telephone calls regarding Delinquent Accounts in Special Assessments. VI. MISCELLANEOUS 6.01 This agreement shall be construed under and in accordance with Texas law, and all obligations of the parties are performable in Nueces County, Texas. a. This Agreement constitutes the sole and only Agreement between the parties and supersedes any prior undertakings or written or oral agreement between the parties respecting the subject matter of this agreement. H: \LEG- DIR \Lisa\2009 Finance\ATTORNEY CO1 TIGENT FEE CONTRACT v5 (clean).doc 4 b. In case any one or more of the provisions contained in this Agreement shall, for any reason, be held to be invalid, illegal, or unenforceable in any respect, such invalidity, illegality, or unenforceability shall not affect any other provisions thereof and this Agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained herein. c. This Agreement may be amended only by written agreement signed by duly authorized representatives of the parties hereto. The City Manager is authorized to execute amendments to the Agreement. d. Law Firm agrees to comply with all applicable Federal, State, and Local laws, including lawsrelated to collections. e. As desired by City, Law Firm agrees to an audit of files maintained by Law Firm pertaining to this Contract. f. Neither party may assign this Agreement without the prior written approval of other party. g. Notice may be sent by certified mail, postage prepared, and is deemed receive on the third day after deposit if sent certified mail. Notice shall be sent as follows: If to City: City of Corpus Christi, Attn: Director of Financial Services, P. 0. Box 9277, Corpus Christi, Texas 78469 -9277. If to Law Firm: Linebarger Goggan Blair & Sampson, LLP, Attn: Paul D. Chapa, Partner, 500 N. Water Street, Suite 1111, Corpus Christi, Texas 78471. h. The Law Firm will not commence work under this Contract until the Law Firm has complied with the insurance requirements set out in the attached Exhibit. i. If the City has not awarded a new contract for the collection of delinquent accounts upon the expiration of this Contract, the contract will continue on a month - to -month basis, at the current fees, until such time as either party provides the other party with sixty (60) days written notice that it does not wish to continue the contract. This Contract automatically expires on the effective date of a new contract for the collection of Delinquent Accounts in special Assessments. The City will provide written notice of the effective date of the new contract to Law Firm. �. The parties recognize that the continuation of any contract after the close of any fiscal year of the City is subject to appropriations and budget approval providing for such contract item as an expenditure in that budget. The City does not represent that said budget item will actually be adopted, that determination is within the sole discretion of the City Council at the time of adoption of each budget. If the budget item for this Contract is not adopted, City will notify Law Firm and Law Firm may terminate the Contract at the end of the then current fiscal year. Law Firm acknowledges that the City's budget establishes the budget for fees under this Agreement for mailing notices. Once the mailing expenses accumulate to these budgeted amounts for the fiscal year for these services, City will not have obligation to pay additional fee for such services without the prior written approval of the City Manager, nor will Law Firm have obligation to continue such mailings until receipt of prior written approval of City Manager or designee. H: \LEG- DIR \Lisa\2009 Finance\ATTORNEY CIQNTINGENT FEE CONTRACT v5 (clean).doc 5 Agreed to by the City of Corpus Christi and Law Firm: City of Corpus Christi By: `Angel R. Escobar. City Manager Date: Attest By: Armando Chapa, City Secretary Approved as to form: By: Lisa Aguilar, Assistant City Attorney For the City Attorney Linebarger Goggan Blair & Sampson , LLP By: Paul Chapa, Partner Date: H: \LEG- DIR\Lisa\2009 Finance\ATTORNEY C OTANGENT FEE CONTRACT v5 (clean).doc 6 Approved by: OFFICE OF THE TEXAS COMPTROLLER OF PUBLIC ACCOUNTS By: Date: Martin A. Hubert Deputy Comptroller H: \LEG- DIR \Lisa\2009 Finance\ATTORNEY C9IZiTHNGENT FEE CONTRACT v5 (clean).doc 7 Exhibit 1 Collection of Lien Include liens in delinquent tax suits. Mass mailings of delinquent bills as requested by City. City shall reimburse Law Firm sixty -three cents per mailing. Respond to incoming phone calls to Law Firm regarding Delinquent Accounts. Produce affidavits for law suit evidence. Perform judgment lien research for tax sales. Represent City in bankruptcy court when property owner in bankruptcy. Perform telephone collections. Prepare deeds for resale. Disburse tax sale and resale money. Present resale bids to Council. Answer correspondence regarding Delinquent Accounts. Law Firm will inform City of any forwarding addresses on returned mail received by Law Firm. Services Performed by Law Firm H: \LEG- DIR \Lisa\2009 Finance\ATTORNEY COIF GENT FEE CONTRACT v5 (clean).doc 8 Exhibit 2 Revised Article III 3.01 This Agreement is effective only after review and approval by the City Manager. 3.02 Law Firm shall keep current and complete written records that describe in detail the services provided in performing under this Contract. 3.03 At any time upon request, Law Firm shall permit City Manager or designee to inspect or obtain copies of the Law Firm's records kept in accordance with this contract. 3.04 Upon conclusion of any matter for which Law Firm was retained, Law Firm shall provide City with a complete written statement that describes the outcome of the matter, states the amount of any recovery, and shows Law Firm's computation of the amount of the contingent fee. 3.05 Any records kept in accordance with Section 3.02 are public information subject to required disclosure under Chapter 552 of the Texas Government Code. Information contained in the time and expense records may be withheld from a member of the public under Section 552.103 of the Texas Government Code only if, in addition to meeting the requirements of Section 552.103 of the Texas Government Code, the chief legal officer or employee of City determines that withholding the information is necessary to protect City's strategy or position in pending or reasonably anticipated litigation. If any information is withheld in accordance with the Section, City shall segregate said information from information that is subject to required public disclosure. 3.06 There is no difference in the method by which the contingent fee will be computed if any matter is settled, tried, or tried and appealed. 3.07Law Firm is responsible for the payment of litigation and all other expenses, except that City shall reimburse costs of mailing notices of collection to delinquent property owners. Reimbursement of mailing notices expenses is not to be paid out of the contingent fee payment.. Rather, such reimbursement shall be issued directly to Law Firm upon City's receipt of invoice for reimbursement of mailing expenses. H: \LEG- DIR \Lisa\2009 Finance\ATTORNEY C91fiNGENT FEE CONTRACT v5 (clean).doc 9 18 AGENDA MEMORANDUM DATE: July 28, 2009 SUBJECT: Landfill Gas to Energy Use (Project No. 5280) and Landfill Wind Farm Development (Project 5281) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a professional services agreement with HDR Engineering, Inc. of Corpus Christi, Texas in an amount not to exceed $188,900.00 for the Landfill Gas to Energy Development Assistance. ISSUE: Utilization of landfill gas for energy and development offers the opportunity to manage landfill gas while realizing substantial return of the investment. RECOMMENDATION: Approval of the motion as presented. L'ivrence Mikolajczyk Director of Solid Waste Services 361- 826 -1972 lawmV cctexas.com Attachments: a. Additional Information b. Contract Summary c. Site Map Pete Anaya, P.E. Director of Engineering Services 361 - 826 -3781 petean(ilcctexas.com H: \HOM E\KEV INS \GEN\ LANDFILL \GASMGMT\GasToEnergy\AE RFPMemo.doc —165— ADDITIONAL INFORMATION SUBJECT: Gas to Energy — Project No. 5280 & Wind Energy — Project No. 5281 CONTRACT: The contract will provide assistance with the development and implementation of landfill gas management, gas to energy development, wind energy, development options, request for proposals, and contract negotiations for the development option ranked most advantageous to the City. A summary of the contract amendment is attached. See Exhibit B. CONSULTANT SELECTION: Two professional engineering firms that are active in landfill gas to energy programs were invited to present proposals to the City. The proposal presented by HDR Engineering was deemed to be the most advantageous to the City. HDR's proposal offered greater flexibility in the development of the energy facility. Additionally, HDR has greater knowledge of the J. C. Elliott Landfill Gas Management System having provided design and construction phase services as part of the Elliott Final Closure Project. PROJECT DESCRIPTION: The project will ultimately result in the • sale or landfill gas; • the use of landfill gas for electrical energy production; and • development of wind farming for electrical production at Cefe Valenzuela. Landfill gas utilization is presently feasible at J. C. Elliott Landfill. The remaining life of commercially viable production is approximately 10 years. It appears feasible based on currently data to install four gas powered electrical generators that would be sufficient to power Greenwood Wastewater Treatment Plant. As gas production declines, the quantity of landfill gas being generated at Cefe Valenzuela is increasing. Transport of the generators to Cefe Valenzuela will allow continued use of the generators beyond the ten years of remaining gas life in J. C. Elliott. OPTIONS FOR DEVELOPMENT: The three major options are: • Developer owned /operated system; • City owned and operated system; and • City ownership with private management/operator. The benefits are risks of the options are: Developer Owned and Operated: City Benefits • Royalty payment to City will be 5 -10% of gross revenues; —166 - H:IHOMEV(EVINS \G EN\I.AN DFI LL \GASMGMTGasTOE nergy\AE RFPBkgExhA.d oc Exhibit "A" Page 1 of 2 Avoidance or reduction of Risks • Capital Cost and Financing Risks • O &M Risks (fuel quality, 24/7 monitoring) • Administrative Costs (PPA, Interconnection, fuel quality issues, scheduled and unscheduled outages, O &M invoices, weekly operating reports for utility to schedule energy, etc) • Environmental Risks (air permit) City Owned /Operated: Benefits • Better control over operations; • Improved flexibility with sale of electric & thermal energy; • Better control over expansion opportunities; • Better control over GHG emission credit monetization; and • Fewer complications for day -to -day operations since one party (City) owns /operates both LFGCS and LFGTE project. Risks • Capital Cost and Financing Risks; • O &M Risks (fuel quality, 24/7 monitoring); • Administrative Costs (PPA, Interconnection, fuel quality issues, scheduled and unscheduled outages, O &M invoices, weekly operating reports for utility to schedule energy, etc); and • Environmental Risks (air permit). City Ownership / Private Management/Operator: City ownership with a private manager /operator is a blending of the first two options. It allows the City to mitigate specific risks, but typically results in a lower financial return. FINANCIAL OVERVIEW: Each option has varying degrees of benefit and risk for the City. A Financial Overview and return that may be expected with each option with is attached. See Exhibit A -1. FUTURE COUNCIL ACTION: • Award of a construction contract or contract for private party development. FUNDING: Funding is available from the Sanitary Landfill CIP Budget. —167 - H:W OME\KEVINS \GEN\ LANDFILL\ GASMGMT \GasToEnergyAERFPBkgExhA.doc Exhibit "A" Page 2 of 2 FINANCIAL OVERVIEW Revenue for Carbon Credits - J. C. Elliot Landfill 2010 Expected Capture = 2500scfm Assuming $4.50 /ton CO2 Emissions (gross) and 92% Uptime, roughly 10% trading fee Potential Net Proceeds to City $850,000 Revenue for Carbon Credits - Cefe Valenzuela Landfill 2011 Expected Capture = 600scfm Assuming $4.50 /ton CO2 Emissions (gross) and 92% uptime; 10% trading fee Potential Net Proceeds to City is $200,000 Estimate of First Year) Revenue (2009 $) Electricity($0.0551Kwh) $2,300,000 REC's($2 /Mwh) $75,000 Carbon Credits($4.50 /ton) $850,000 Section 45 Tax Credits $350,000 First Year Net $3,540,000 Estimated Capital. Revenue, O &M Costs for LFGTE Project Estimated Capital Cost ($2290 /kw): $11,000,000 Revenue (without tax credits): $3,225,000 Costs: O &M ($0.018 /kwh) ($719,000) Debt Recovery (4% interest, 30 yr. term, 2.5% issuance cost) ($652,000) Net Operations After Debt Recovery $1,854,000 Developer Own & Operate LFGTE Financial Estimate of City Benefits for Assumes: • Same cost/revenue figures as City owned facility • Royalty payment to City will be 5 -10% of gross revenues Annual Royalty payment to City: $175,000 - $350,000 City Owned /Operated LFGTE Project Benefits • Better control over operations • Improved flexibility with sale of electric & thermal energy • Better control over expansion opportunities • Better control over GHG emission credit monetization • Fewer complications for day -to -day operations since one party (City) owns /operates both LFGCS and LFGTE project (Risks on next page) —168— Exhibit A -1 Page 1 of 2 Risks • Capital Cost and Financing Risks • O &M Risks (fuel quality, 2417 monitoring) • Administrative Costs (PPA, Interconnection, fuel quality issues, scheduled and unscheduled outages, O &M invoices, weekly operating reports for utility to schedule energy, etc) • Environmental Risks (air permit) Exhibit A -1 Page 2 of 2 -169- CONTRACT SUMMARY SCOPE OF SERVICES A. Basic Services The Architect/Engineer -A/E will: 1. SCOPE OF SERVICES a. Landfill Gas Sampling: The A/E will conduct landfill gas sampling to ascertain the current concentration levels of methane, hydrogen sulfide, siloxane and other compounds within the landfill gas. These data collected will be sufficient to determine how the compounds can be anticipated to affect the life expectancy, capital cost, and operating and maintenance costs of a landfill gas to energy system installation. A/E will collect samples of landfill gas from both landfills and have them analyzed by a laboratory for the aforementioned constituents. This information will be included in the RFP to serve as a basis of proposal development for the developers. Developers will be provided the results of the gas sampling information to help optimize their selection of the preferred gas to energy technology accounting for appropriate costs and operability issues. Specifically this task will include: i. Develop detailed constituent list and select laboratory with capacity to analyze for those constituents ii. Establish preferred sample collection and testing procedures with selected Laboratory iii. Collecting samples from both the Cefe and JC Elliott Landfills iv. Coordinate with laboratory on transmitting samples to laboratory v. Include results in appendix of RFP b. Conceptual Design Development for Landfill Gas to Energy Plant: The A/E will establish a proxy, or conceptual design to better define the scope and design of the project. The conceptual design will be sufficient to characterize the project to potential respondents for a Developer Owned or a Design, Build, and Operate, or a City Owned project approach. A/E will complete the following for this task: i. Review Interconnection requirements of the two electric utilities located near landfills. ii. Develop a memo explaining the requirements for the City and be available to discuss iii. Develop a conceptual one line diagram for each site iv. Develop conceptual general arrangement drawings for each site v. Develop conceptual Process Flow Diagram for each site vi. Develop O &M Scope including Engine Overhauls vii. Provide a list of Major Equipment viii. Develop approach to provide 24/7 monitoring (SCADA and communication system description) ix. Establish a forecast of future landfill gas production rates x. Include diagrams, scopes and lists in appendices of RFP H:\ HOME\K EVINS\ GEN VANDFILL\GASMGMT\GasToEnergyV ERFPSumExhB.doc —170— Exhibit B Page 1 of 5 c. Preparation of Financial Evaluation Criteria: Based upon the scope of work completed in the conceptual design, the NE will prepare a capital cost estimate for the project as well as a proxy proforma analysis to be utilized as a basis of evaluation of proposals. The cost estimate and economic proforma will be utilized to establish target revenue expectations for the City for the various contracting approaches and will be utilized during contract negotiations with Developers, power off takers, O &M contractors, etc. to ensure that the City's revenues are maximized. Integration of alternative incentive programs for the O &M contractors or Developers can also be evaluated, in an effort to optimize system operations and returns. This proforma model will be utilized to evaluate the cost prudency of the RFP responses and will include, but not be limited to expectations for capital cost, operations and maintenance costs, system capacity factors, cost of power generation, and delivered landfill gas costs. d. Selection /Decision Matrix for Developer Owned Energy Plant: The NE will review proposals with City staff to summarize various techniques, compensation plans, schedules, and other materials submitted. The NE will develop a matrix for City staff use as a basis to determine the best proposal. This matrix will include the items listed in this section along with a description of the item with some examples. The matrix will enable staff with technical assistance from the NE to address the benefits and drawbacks associated with each item. The matrix, without the narratives, will be included in the RFP for the developer to complete as part of their proposal. NE will develop the matrix in close conjunction with the City staff. TheA/E will meet with City staff to discuss a draft version of the matrix along with assigning a ranking of the importance of each prior to delivery a draft final matrix for City staff review. The following components will be included in the matrix. i. Project Description (Generate Bid Form) 1. Describe prime mover, Process flow with LFG pretreatment needs and end product(s) available for sale 2. Primary Parties involved with ownership and operation of Proposed Project, Description of their involvement 3. Operating Availability and Percent of Available LFG utilized 4. Real Estate and Easement Requirements 5. O &M Staffing needs 6. Revenue Sources and Stability of Buyer(s) 7. Project Technical, Environmental, Regulatory and Financial Risk Assessment ii. Ownership /Operating Options and City Ownership /Operating Requirements 1. Elliott LFGCS 2. Cefe LFGCS 3. Energy Plants iii. Compensation to City (Generate Bid Form) 1. Royalty Payments /LFG Sales Payments and estimate of Project's Gross Revenue for all End Use Products 2. Services Provided with estimated Financial Value to City iv. Schedule 1. Time required to develop, permit, design, procure and construct project H: \HOME\KEVINS \GENVAN DF ILL \GAS MGMT\GasToEnergy\AERFPS umExh B.doc —1 71 — Exhibit B Page 2 of 5 2. Risk assessment for failure to meet milestone dates v. Financial Strength and Experience of Bidder and Bidder's team members 1. Familiarity with market for End Products 2. Years in business 3. References 4. # of projects in operation and number of similar projects in operation 5. Experience with other potential renewable options a. Solar b. Wind 6. Financial Strength of Bidder and team members e. Selection /Decision Matrix for Design Build and O &M Bidders: During the selection process, the City will receive proposals based on the conceptual design set developed during that are consistent with the approach developed in Task 1.A.b. To assist the City in review of these firms and proposals, the NE will develop a matrix the City can use to determine the best proposal. This matrix will include the items listed below along with a description of the item with some examples. The benefits and drawbacks associated with each item will be addressed. Furthermore, this matrix, without the narratives, can be included in the RFP for the developer to complete as part of their proposal. The NE will develop this matrix in close conjunction with the City staff. The A/E will meet with City staff to discuss a draft version of the matrix along with assigning a ranking of the importance of each. The following components will be included in the matrix. i. Project Description and List of Team Members ii. Experience with similar projects (develop, design, procure, permit, construct, commission, operate and maintain) iii. Proposed Scope, Schedule, Capital Cost and O &M cost (Generate Bid Form) iv. City's responsibilities f. Layout of Landfills — Aerial view and Site view: The NE will include figures within the RFP to assist the potential vendors in visualizing where the landfills are located in reference to each other. Specifically, the RFP package will contain the following drawings i. A general area layout showing the locations of the two landfills along with the nearby WWTP ii. Site specific plans showing locations of existing structures and potential areas for gas to energy facilities at both landfills iii. A possible proposed routing of gas line between the two landfills iv. The location of local waste water treatment plant and proposed utility routing between the J.C. Elliott Landfill and waste water treatment plant. v. A layout showing available real estate for energy plant at WWTP along with tie in points for thermal and electric service. g. RFP development — JC Elliott, Cefe, WWTP: The NE will develop an RFP for the City to review that provides the necessary information to allow respondents to perform their own assessment of the available data and present ideas on both the preliminary project outlined by the City, and other feasible LFGTE projects. The Draft RFP will be in a format that allows for easy comparison of the responses. The Draft H:\HOME\KEV I NS \G ENU _ANDFILL \GASMGMTGasToEnergy\AE RFPS umExh B.doc —172— Exhibit B Page 3 of 5 RFP will also present the City's preferred allocation of risks and responsibilities so that the respondents can bid accordingly. The A/E will prepare a Draft RFP document for review and editing by the City. The NE will work with both the Department of Engineering Services and the Department of Solid Waste Services regarding the Draft RFP contents and such other Departments as may be assigned to the project. The document is anticipated to contain the following information: • Purpose /Background /Site Description • Pre -Bid Meeting Schedule • Proposed Project Schedule • Minimum Respondent Qualifications • Description of Preferred Project • General Requirements /Project Criteria • Submission Instructions /Format • Evaluation Criteria and Mechanism of Award • City Specific Procurement Forms /Statements • LFG Gas Analysis • Waste Tonnages and Compaction Rates (Historic and Future) • LFG Collection System Design plan Excerpts • LandGEM Gas Generation Model • Tier II Data • WWTP data • Include potential end user list from LMOP's database The RFP will provide a simple description of the treatment process taking place at the WWTP. The RFP will provide thermal and electric load flow information for the existing WWTP along with the proposed expansion plant. The RFP will provide available digester gas (quantity and quality and amount) along with location of tie in point. The RFP will provide current rates for gas and electricity. h. RFP Period Assistance: The NE will coordinate and conduct a pre- Response meeting to allow respondents to tour the site(s) and ask questions relating to the RFP. The NE will prepare draft answers and responses to any questions for City staff that require an addendum to the RFP. The City will issue the addenda to respondents. Specifically this task includes: i. Coordination of pre - proposal meeting to review the three facilities and developer questions. The NE will attend this meeting to answer and record questions for inclusion into the addenda. ii. Development of draft addenda for City distribution based on respondents' questions and submittal to all developers in attendance at the pre -bid meeting. i. Wind Power RFP: The City would like to utilize the land available at the Cefe Landfill for a potential wind project. The NE will assist the City in preparing a separate RFP for potential developers to determine the feasibility of a wind project and ultimately develop a wind project. This RFP will include the following: i. A real estate map showing the land at Cefe that is available for a wind generation project along with location of potential electric interconnection points. H:\HOME\KEV I NS \GEN\ LANDFILL \GASMG MT\GasToE nergy\AERFPSumExhB.doc —173— Exhibit B Page 4 of 5 ii. Bid forms to be used by wind developer bidders that will include: 1. qualifications of bidder, 2. estimated size of wind farm, 3. estimated royalty payment to the City, 4. project schedule that includes: a. wind resource assessment, b. permitting, c. interconnection, d. power purchase agreement, e. design, f. procurement, g. installation and h. commissioning. iii. Provide matrix that summarizes wind bids B. Additional Services The A/E will, with written authorization by the Director of Engineering Services, do the following: (To be Negotiated and evidenced in writing as an amendment to this contract) • Evaluation of Proposals • Contract Negotiation Assistance FEES Summary of Fees Task Proposed Fee A) LFG Sampling $14,000 B) Development of conceptual design for DB proposal $29,100 C)Financial Evaluation $20,200 D) Matrix Development for Developer owned RFP $23,000 E) Matrix Development for City owned RFP $11,200 F) Layout of Landfills $7,300 G) RFP Development $31,000 H) Bid Assistance $23,100 I) Wind Power RFP $30,000 Subtotal $188,900 Additional Services Evaluation of Proposals To be negotiated Contract Negotiation Assistance To be negotiated H: \HOME\KEV INS \GE N\ LANDFILL \GASM G MTGasToEnergy\AERFP$ tixhB.doc Exhibit B Page 5 of 5 File: \Mproject\ HWY 44 councilexhibits \exh5280, 5281. d wg NUECES BAY 40 sh,'o Chorine tfq, `H� I • -'i___ - "NM AGNES 1 J.C. ELLIOTT LANDFILL LANDFILL GAS TO ENERGY USE (PROJECT NO. 5280) 4,040 FM. 43 NUECES F.M. 665 COUNTY CABANISS FIELD F.M. 43 F.M. 20 8 PROJECT #5280, 5281 F.M. 16 F.M. 14 CEFE F. VALENZUELA LANDFILL LANDFILL WIND FARM DEVELOPMENT (PROJECT NO. 5281) LOCATION MAP NOT TO SCALE F.M. 18 EXHIBIT "C" LANDFILL GAS TO ENERGY USE & LANDFILL WIND FARM DEVELOPMENT 175 CITY COUNCIL EXHIBIT CITY ET OE GEEERDEP N CORPUS TEXAS PAGE: 1 of 1 DATE: 07 -13 -2009 Mar MIN IMF 19 AGENDA MEMORANDUM City Council Action Date: July 28, 2009 SUBJECT: Heritage Park Cultural Center Historical Preservation /Renovation Project No. 3389 — BOND ISSUE 2008 AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with KJM Commercial of Corpus Christi, Texas, in the amount of $957,500 for the Heritage Park Cultural Center Historical Preservation /Renovation project for the Total Base Bid plus Additive Alternate No. 1. (BOND ISSUE 2008) ISSUE: This project was approved November 4, 2008 in the Bond Issue 2008 Package under Proposition No. 6 Parks and Recreation Improvements. The proposal is to award the construction contract for several improvements to the Heritage Park Cultural Center, including painting, roofing, fencing, installation of a new storage facility, sidewalks and pavers, and several other items. The project has bid and Council approval is required to award the construction contract. FUNDING: Funding is available from the Parks and Recreation CIP FY 2009 -2010 Fund. RECOMMENDATION: Staff recommends approval of the motion as presented. Sally Gavl Director of arks & Recreation 826 -3464 sallvq@cctexas.com Additional Support Material: Exhibit "A" Background Information Exhibit "B" Prior Project Actions Exhibit "C" Bid Tabulation Exhibit "D" Project Budget Exhibit "E" Location Map Pete Anaya, P.E. Director of Engineering Services 826 -3781 petea n a cctexas. com H:1HOMEIRachelIMGENlParke 8 Recreation13389- Heritage Park Cultural Center 1pnelr gig Wgenda Memo.cloc AGENDA BACKGROUND INFORMATION SUBJECT: Heritage Park Cultural Center Historical Preservation /Renovation Project No. 3389 — BOND ISSUE 2008 PROJECT DESCRIPTION: The project consists of site improvements to the following structures located at the Heritage Park Cultural Center: ➢ Ward - McCampbell House ➢ Grande - Grossman House ➢ French - Galvan House ➢ Little- Martin House ➢ Sidbury House ➢ S. Julius Lichtenstein House ➢ Simon Gugenheim House The project was bid with a Base Bid and Additive Alternate No. 1 as follows: Base Bid: Consists of construction of all items indicated in the contract documents except those specifically delineated in Additive Alternate No. 1, including all site work, all improvements /repairs, new wood shingle roofing and flashing, windows and painting to the following structures: Grande - Grossman House, French - Galvan House, Simon Gugenheim House, Little- Martin House, Sidbury House and Julius Lichtenstein House. The base bid includes all work at the Ward- McCampbell House (including the attic weather barrier) except as specifically delineated in Additive Alternate No. 1 below. The base bid also includes air conditioning, a new storage building, a new dumpster enclosure, site electrical improvements, sidewalks, pavers, fences and gates. Additive Alternate No. 1: Consists of the following improvements to the Ward - McCampbell House as follows: construction of new siding, insulation and weather barrier including removal of exterior siding and trim, addition of batt insulation, addition of new foamed -in -place insulation, addition of new plywood wall sheathing, addition of new weather barrier, and addition of new fiber cement siding and trim. BID INFORMATION: On July 1, 2009, the City received proposals from four bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $900,000 to $1,095,411 for the Total Base Bid and from $957,500 to $1,150,000 for the Total Base Bid plus Additive Alternate No. 1. The estimated cost of construction is $1,125,000. City staff and the consultant, Dykema Architects, Inc., are recommending that the contract be awarded to KJM Commercial in the amount of $957,500 for the Heritage Park Cultural Center Historical Preservation /Renovation project for the Total Base Bid plus Additive Alternate No. 1. H:IHOMEBRachelletGEMParks 8 Recrealion13383Hedlage Park Cultural Cenlg fr Oor8rEgionVtgenda Background.doc EXHIBIT "A" Page 1 of 2 CONTRACT TERMS: The project is estimated to require 210 calendar days, with completion anticipated in April 2010. PROJECT BACKGROUND: On Tuesday, November 4, 2008, 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 2008. The November 4, 2008 election was held jointly with Nueces County and coincided with the Presidential Election. The Bond Issue 2008 package includes $153 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. H9WME'RaaheIIe GEMParks 8 Recreation13389- Heritage Park Cultural Centerl(',otaect ualAgencla Backgrouncl.eoc EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: Heritage Park Cultural Center Historical Preservation /Renovation Project No. 3389 — BOND ISSUE 2008 PRIOR COUNCIL ACTION: 1. November 13, 2008 — Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach seaward of the concrete portion of the Padre Island Seawall. (Ordinance No. 027939) 2. November 18, 2008 - Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. (Resolution No. 027950) 3. December 16. 2008 - Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $163,391,300. (Ordinance No. 028006) 4. March 10. 2009 - Motion authorizing the City Manager or his designee to execute an architectural services contract with Dykema Architects, Inc., of Corpus Christi, Texas in the amount of $134,000 for the Heritage Park Cultural Center Historical Preservation /Restoration Project for design, bid, construction, and additional phase services. (Bond Issue 2008) (Motion No. 2009 -060) PRIOR ADMINISTRATIVE ACTION: 1. September 19, 2008 - Distribution of Request for Qualifications (RFQ) No. 2008 -05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 2. October 14, 2008 — Addendum No. 1 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). 3. October 20, 2008 — Addendum No. 2 to the Request for Qualifications (RFQ) No. 2008- 05 Bond Issue 2008 and Other Projects to 206 engineering firms (86 local and 120 non - local). —182— H:WOME\Rechelle\GEN\Parks 8 Recreation \3383Herilaue Park Cultural Center\ConslrvdiontPrior Project Actiona.tloc EXHIBIT "B" Page 1 of 1 W 0 a w U 0 m • O m V w LL O O 3• O • V Q e J• 'C and FO W 0 0 M_ 1- C00 CO 0 • N a� d69 U w ( o j N C _O a1 N • c 00 d E P -183- EXHIBIT _ Z -� i 0 g o o m °. r- E9 $ 72,000.00 o a O O 0 o H r Elite General Contractors 23 Great Lakes Corpus Christi. TX 78413 I AMOUNT $ 1,095,411.00 O O O O ro a v3 $ 1,143,511.00I AMOUNT $ 963,000.00 $ 46,000.00 KJM Commerical 1814 Holly Road Corpus Christi, TX 78417 z 0 2 a O o O O oo 4 o O in n h » $ 957,500.00] E § J co E j N HERITAGE PARK CULTURAL CE HISTORICAL PRESERVATIC (Project No. 3389) z 0 J Base Bid - Interior and exterior renovations to various houses within Heritage Park Cultural Center. Additive Alternate No. 1 - Various improvements to the Ward - McCampbell House (excluding the attic weather barrier, which is included in the Base Bid) c I -183- EXHIBIT PROJECT BUDGET HERITAGE PARK CULTURAL CENTER HISTORICAL PRESERVATION /RESTORATION PROJECT NO. 3389 July 28, 2009 FUNDS AVAILABLE: Parks & Rec CIP Year 1 (BOND 2008) $1,500,000.00 $1,500,000.00 FUNDS REQUIRED: Construction (KJM Commercial).. $957,500.00 Contingencies ( 10%) ....................................... ............................... 95,750.00 Consultant (Dykema Architects, Inc.) .................. ............................... 134,000.00 Reimbursements............................................ ............................... 11,464.00 Misc. (Printing, Advertising, etc.)......... 1,076.00 Total ............................................................ ............................... $1,199,790.00 FUNDS REMAINING: $300,210.00 Exhibit "D" Page 1 of 1 —184— File : \ Mproject \councilexhibits \exh33890.dwg SHIP CHANNEL HARBOR BRIDGE SCI HISTORY CDNVENTIDN CENTER PROJECT SITE CORPIE C fRTSTY aay MULTI- PURPOSE ARENA VICINITY MAP NOT TO SCALE CITY PROJECT # 3389 EXHIBIT "E" HERITAGE PARK CULTURAL CENTER HISTORICAL PRESERVATION/ RESTORATION CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 07 -08 -2009 MI, IOW -185- 20 AGENDA MEMORANDUM Citv Council Action Date: July 28, 2009 SUBJECT: ADA Ramp and Sidewalk Improvements for Street Overlays Clusters 1, 2, 3 and 4 (Project Nos. 6481, 6482, 6483, and 6484) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Ram -Bro Contracting, Inc. of Robstown, Texas, in the amount of $500,885 for ADA Ramp and Sidewalk Improvements for Street Overlays Part A (Clusters 1 & 3), Part B (Cluster 2) and Part C (Cluster 4) for the Total Base Bid. ISSUE: The project consists of concrete removal, new ADA ramp construction, valve and manhole adjustments, marking and striping at intersections on 14 city streets to comply with the Americans with Disabilities Act. The project has bid and Council approval is needed to commence construction. FUNDING: Funding for this project will come from the $9 million issued in tax notes for street maintenance and overlays as approved by the City Council on April 8, 2008. RECOMMENDATION: Staff recommends approval of the items as presented. lane H. Gray, P. . rector of Storm Water & Street Operations 361/826 -1875 or 361/826 -1872 valerieaQlcctexas.com 0 Additional Support Material: Exhibit "A ": Background Information Exhibit "B ": Prior Project Actions Exhibit "C ": Bid Tabulations Exhibit "D ": Project Budget Exhibit "E ": Location Map Pete Anaya, P.E. Director of Engineering Services 361/826 -3781 peteanCc 1cctexas.com H:IROMEVtenhelkAGEMStreets18481, 6482, 6483, 6484 -ADA Ramps for Street OVIlgysydaenaa Memo.oc AGENDA BACKGROUND INFORMATION SUBJECT: ADA Ramp and Sidewalk Improvements for Street Overlays Clusters 1, 2, 3 and 4 (Project Nos. 6481, 6482, 6483, and 6484) PROJECT DESCRIPTION: The project consists of concrete removal, new ADA ramp construction, valve and manhole adjustments, marking and striping at intersections on 14 city streets. This work is required in order to comply with the Americans with Disabilities Act. The streets listed below were part of the street overlay project that was constructed by Bay Ltd. and Haas - Anderson Construction Ltd. in 2008 as part of the City's ongoing effort to improve the transportation system. These streets were identified for repairs using a hot - mix- asphalt- concrete (HMAC) overlay. The ADA Ramp and Sidewalk Improvements project was bid as follows: Base Bid Part A: Cluster 1 (Project No. 6481) and Cluster 3 (Project No. 6483): Includes portions of River Hill Drive, Wandering Creek Drive, Carancahua (Third) Street, Louisiana Parkway (North), Louisiana Parkway (South) Flynn Parkway, Trojan Drive and Airline Road. The project base bid for Cluster 1 includes 5,400 S.F. of concrete removal, 7,060 S.F. new ADA curb ramp construction, 6 each relocating traffic signs, 2 each valve adjustments, 2 each signal box adjustments, 2 each remove and replace brick columns, 1,217 L.F. of pavement striping, 69 L.F. of eliminating existing pavement striping, 3 each installation of permanent advanced warning signs, 80 S.F. of grass sodding and all associated traffic control measures. The project base bid for Cluster 3 (Trojan Drive and Airline Road) includes 1,441 S.F. of concrete removal, 1,723 S.F. new ADA curb ramp construction, 1,063 L.F. of pavement striping, 1 each solar powered roadside flashing beacon assembly and all associated traffic control measures. Base Bid Part B: Cluster 2 (Project No. 6482): Includes portions of Nueces Bay Boulevard, Tarlton Street, Up River Road, Morgan Avenue and Baldwin Boulevard. The project base bid for Cluster 2 includes 6,531 S.F. of concrete removal, 7,568 S.F. new ADA curb ramp construction, 571 S.F. of grass sodding, 8 each valve adjustments, 1 each water meter adjustment, 2 each manhole adjustments, 3 each pull box adjustments, 4 each relocating traffic signs, 23 S.F. retrofitting detectable warning surfaces, 4,934 L.F. of pavement striping, 3 each installing small traffic signs and all associated traffic control measures. Base Bid Part C: Cluster 4 (Project No. 6484): Includes Shoreline Boulevard from Power Street to Oleander Street. The project base bid for Cluster 4 includes 8,883 S.F. of concrete removal, 9,272 S.F. new ADA curb ramp construction, 115 S.F. grass sodding, 12 each pull box adjustments, 3 each valve adjustments, 96 S.F. retrofitting detectable warning surfaces, 52 S.F. rock garden, 5,329 L.F. of pavement striping, 1 each solar EXHIBIT "A" Page 1 of 2 H: HOMEWachellelGEMStmets16481, 6482, 6483, 6484 -ADA Ramps for Street ObgeAaenda Background,doc powered roadside flashing beacon, and all associated traffic control measures. BID INFORMATION: On July 15, 2009, the City received proposals from a total of 12 bidders (see Exhibit "C" Bid Tabulation). The bids ranged from $500,885 to $963,012.05 for all four clusters. The estimated cost of construction for all four clusters is $806,429. City staff and the lead consultant, Coym, Rehmet, Gutierrez Engineering are recommending that the contract be awarded to Ram -Bro Contracting, Inc. of Robstown, Texas, in the amount of $500,885 for the Total Base Bid for ADA Ramps and Sidewalks Improvements for Street Overlays Part A (Clusters 1 & 3), Part B (Cluster 2) and Part C (Cluster 4). CONTRACT TERMS: This project duration is: Cluster 1 -190 calendar days and Cluster 3 - 60 calendar days for a total of 250 calendar days for Part A; Cluster 2 - 100 calendar days; and Cluster 4 - 150 calendar days. H :WOMEIRedhelle1GE1115Ireets\6481, 6482, 6483, 6464 -ADA Ramps tor Street Overleys\Agende Beckgreuno.00c — 1 9 1 — [EXHIBIT "A" Page 2 of 2 PRIOR PROJECT ACTIONS SUBJECT: ADA Ramp and Sidewalk Improvements for Street Overlays Clusters 1, 2, 3 and 4 (Project Nos. 6481, 6482, 6483, and 6484) PRIOR COUNCIL ACTIONS: 1. April 8, 2008 - Resolution approving the following projects to be funded through the issuance of Tax Notes: South Guth Ball Fields Relocation Project, Improvements to the Facilities with the Bayfront Arts and Sciences Park (which includes the American Bank Center, Museum of Science and History, Water Garden, Harbor Playhouse, and Art Museum of South Texas), Solid Waste Equipment, Street Equipment and Street Improvements. (Resolution No. 027649) 2. June 10, 2008 — A. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with Coym, Rehmet & Gutierrez Engineering, LP, of Corpus Christi, Texas, in the amount of $72,965 for a revised fee of $120,200 for the Street Overlays Cluster 1. (Motion No. 2008 -141) B. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with LNV Engineering of Corpus Christi, Texas, in the amount of $70,660 for a revised fee of $115,610 for the Street Overlays Cluster 2. (Motion No. 2008 -142) C. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the Contract for Professional Services with RVE Inc. of Corpus Christi, Texas, in the amount of $52,890 for a revised fee of $97,530 for the Street Overlays Cluster 3. (Motion No. 2008 -143) 3. August 26, 2008 — A. Ordinance appropriating an amount of $1,550,000 of the Unappropriated Fund Balance in the General Fund No. 1020 for the 2008 Street Overlay Projects; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,550,000. (Ordinance No. 027821) B. Ordinance appropriating an amount of $1,100,000 of the Unappropriated Fund Balance in the Seawall Improvement Fund No. 1120 for the 2008 Street Overlay Project (North Bound Shoreline Portion); changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $1,100,000. (Ordinance No. 027822) C. Motion authorizing the City Manager or his designee to execute a construction contract with Bay Ltd. of Corpus Christi, Texas, in the amount of $2,105,100.90 for the Street Overlays Cluster 2 for the Total Base Bid. (Motion No. 2008 -229) D. Motion authorizing the City Manager or his designee to execute a construction contract with Haas - Anderson of Corpus Christi, Texas, in the total amount of $7,181,425.20 for the following projects: (Motion No. 2008 -230) • Street Overlays Cluster 1 for the Total Base Bid in the amount of $2,088,546.00; • Street Overlays Cluster 3 for the Total Base Bid in the amount of $1,943,789.70; • Street Overlays Cluster 4 for the Total Base Bid plus Additive Alternate Nos. 1, 2 and 3 in the amount of $3,149,089.50. E. Motion authorizing the City Manager or his designee to execute a Construction —192— H :HGME\Rachelle\GEMStreets16481. 6482 . Sane 64R4.AnA Ramos fnr sysni rn,ann„s Prinr Rrniani nninns nn' EXHIBIT "B" Page 1 of 2 Materials Testing Agreement with Rock Engineering and Testing Laboratory Inc. of Corpus Christi, Texas, in the amount of $97,882 for the Street Overlays Clusters 1, 2, 3 and 4 project. (Motion No. 2008 -231) 4. November 18, 2008 — A. Motion authorizing the City Manager, or his designee, to execute Amendment No. 3 to the Contract For Professional Services with Coym, Rehmet, Gutierrez Engineering, LP in the amount of $62,400, for a total restated fee not to exceed $227,740, for the Street Overlays Cluster 1 for design and construction administration of ADA curb ramps. (Motion No. 2008 -305) B. Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract For Professional Services with LNV Engineering in the amount of $205,870 for a total restated fee of $370,980, for the Street Overlays Cluster 2 and Cluster 4 for design and construction administration of ADA curb ramps and additional construction inspection of Clusters 2 & 4. (Motion No. 2008 -306) PRIOR ADMINISTRATIVE ACTIONS: 1. May 13, 2008 — Administrative approval of a Small A/E Contract for Professional Services with Govind Nadkarni in the amount of $45,450 for the Street Overlays Clusters 1, 2 and 3 project for staff technical assistance for scoping, estimating and consultant coordination services. 2. May 15, 2008 — Administrative approval of a Small A/E Contract for Professional Services with Coym Rehmet & Gutierrez Engineering, LP, in the amount of $47,235 for the Street Overlays Cluster 1 project. 3. May 27, 2008 - Administrative approval of a Small NE Contract for Professional Services with LNV Engineering in the amount of $44,950 for the Street Overlays Cluster 2 project. 4. May 27, 2008 - Administrative approval of a Small NE Contract for Professional Services with RVE Inc. in the amount of $44,640 for the Street Overlays Cluster 3 project. 5. May 27, 2008 — Administrative approval of a Small Geotech Testing Contract with Rock Engineering and Testing Lab in the amount of $47,050 for the Street Overlays Clusters 1, 2, 3 and 4 project. 6. June 19, 2008 - Administrative approval of Amendment No. 2 to the Contract for Professional Services with LNV Engineering in the amount of $49,500 for a revised fee of $165,110 for the Street Overlays Cluster 4 project. 7. November 12, 2008 - Administrative approval of Amendment No. 3 to the Contract for Professional Services with RVE Inc. in the amount of $31,240 for a total restated fee not to exceed $171,840 for Street Overlays Cluster 3 for design and construction administration of ADA curb ramps. 8. February 9, 2009 - Administrative approval of a Small A/E Contract for Professional Services with Govind Nadkarni in the amount of $49,750 for the Street Overlays Cluster 4 project for staff technical assistance for scoping, estimating and consultant coordination services. 9. May 20, 2009 - Administrative approval of Ratification and Amendment No. 1 to the Small A/E Contract for Professional Services with Govind Nadkarni in the amount of $2,700 for a total restated fee not to exceed $48,150 for the Street Overlays Clusters 1, 2 and 3 project for staff technical assistance for scoping, estimating and consultant coordination services. —193— 11:IHOMEV2erhelleknEMSIreersMear Rea, Rena aeae.ene m..,.., r -. e,.e., n „ene,,,,on,., o., • ., e,.e,..., Part A (Clusters 1 6 3) R ▪ w Tw 'Sw th F( 0W 8 N U O j C U. 0 0 0 U I 2 LL O 0 10 Q_ w. J U wo 7 O C O ~ LL fu U it! `a ▪ O� w • gp CDU. a: 3 - W Z as g • i.g Z Q r a Eo to 6 ol 0 'The areas with bold borders Indicate an error in an extension or an addition error. The totals reflected here are the Unit Price x Qty. Section B -2 -7 states, "The unit price shall govern over the amount." ovw)OIt aro1 TOTAL omrc �2`...8pNO i . F 82888888 ryp m N 69 O M m 19 R K O( Y N P 49 4 M $ 305001 8248 C N ∎ 0 0 N t M 8 P O 49 0 N $ 305.0 $ 2440 $ 212,412.341 , $ 1.220 00 1 r m N $ 5.380.20 $ 8,444.26 $ 29,428 84 $ 5,67040 $ 2,478.94 I b8 Ob •� W M $ 10,492.0 $ 66,106.52 0 m n H 1- JO. Lr$g88qqS C o x Li RI D N Oj F N Yl § OO M b N $ 17.08 $ 671.00 $ 244000 ∎88488 i fr N N .- 0 M :ti 0 4 N 8 P G N 8 b O O 69 1$ 305.0 1 8 N 822888 O N N (fj 1•{ fl N A 1�1 N N b N M N N 10 19 m N ” b 19 8 4 O M Garrett Construction Co. P.O. Box 1028 Ingleside, TX 78382 J �{�f Q V 4 i p8 6 xq' $ 18,718.05 $ 371.15 $ 1654040 O O a M $ 95,663.00 $ 2,820.30 $ 183.40 $ 1,72540 $ 2,071.80 $ 3,540.20 82 a O b N g N N 8 N O N 2 1.1 m 1� AO 8 O m N m0 C'1 N me;824 O n N N N: y,A. 14 $9 �" �A+ i @ n OI P N qN 2 N g 1� N M $ 9,438.551 88 P 0 N 49 3 5,537.501 $ 2,424.20 28 g Oml N g 100 N 8 m N OO N 8 1V� s M N N N M ttwi O 6 $ 18,718.05 $ 371.15 $ 16.540,40 $ o co yy�� y�0� 0 D °° n o 'v O� M g M N 1,035.90 $ 6.20 $ 12.50 $ 3.85 V� 0, m N N p 10, 8 01 N 1� OI 0o M P N 1 1 $ 4,917.50' N N0 m N P 1D g N N b- N p b N p N R N co M M p N m Yl YI to M y� 2 N M SLC Construction, LLC. P.O. Box 639 Conroe, TX 77305 TOTAL PRICE 88. 88< 8 8 8 N N 0 N' N N N b m N 8888°' 2§84§g28 Ir! A 0 m 6.- N N 69 N 8 A r P N 1.1 6 0 M N N W 8 S 0 N 8 N 0 0 19 8m 88 M M 69 § in N E s yh' yyy 1 $ 6,250.0 8 rya 10 .- MI 1 $ 6,250.0 a888R8 n b o N m N N 0 r-: 0 N b N N N a M N 0 N 8 OO N 8 a $ N ry • O b N M t la Z8 0 y X $ 11,250.00 $ 2,250.00 $ 12,500.00 $ I� W N g b 8 0 m m N M M N 1,750.00 $ 6.49 $ 13.13 $ 4.06 8 N n C N Np 8 P N 88 N N M "" I j 1$ 6,250.0 S in 19 8 b b 19 a 69 gmmMO o M 0 0 N N N 0 0 $ 10,750.00 H 6 G Contractors, Inc. P.O. Box 10708 Corpus Christi, TX 78460 TOTAL PRICE at,, a „$ $ 12,250.00 $ 1,763.50 $ 14,751.00 88 S 00 y $ 70,600.00 $ 2,607.00 $ 1,220.60 $ 1,595.00 $ 4,982.00 $ 3,254.70 $ 7,429.0 $ 241.50 8 m N $ 7,315.00 88 b N 0 69 _ $ 157,960.30 I k _t ^� {88 y 888 O N N m N N 1 $ 4,87301 8 P 0 0 $..30,152.501 8ryRN S IV N 04 N 19 tll 1 $ 552.01 p8 P N N $ 64,758.40 R 0 H N N t O1„� 0 3:: $ 12,250.00 $ 1,763.50 $ 14,751.00 1•') 4, 0 0 0 01 4, 4 4 4, 4 2 °888 YI ' C) Of a 4, 4, 4, 4, app Oi 4, $ 3,657.50 $ 1,375.01 ° N 0 8 YI M m N $ 4,873.00 $ 4.30 1: M ; 0 N N n N 0 0 $ 9.460.0 J. Carroll Weaver, Inc. P.O. Box 1361 Simon, TX 78387 TOTAL PRICE o-•wa lsr,.:,I Sv 888888888288 g m N .- r A_' 1 2 N N g ' N rv§B O N N W N §§°o (•i 0 el N q 61 8 8 0 N 8 10 69 1 $ 500.0 $ 650.001 $ 650.0 1 $ 320.001 $ 4.001 $ 320.0 $ 113,598.001 $ 148,624.20 {8888 • %g :` i.. Y33 : .o4 _fix b N 2818 b 11f ea b 0 1 $ 17,143.851 8288 woo' P N 82444,4, m 8 8 m N $ 50,306.05 m r N UNIT PRICE $ 15,200.00 $ 1,800.00 $ 17,220.00 p 01 w $ 9.95 $ 300.00 $ 200.00 $ 200.00 $ 400.00 $ 5.20 $ 10.50 $ 15.00 $ 8,700.00 9 o G N w 1$ 6,2000' Si w $ 5,040.0 $ 2.50 0 0 w» N 2 O b w S N w O O w $ 8,70.00 M 00 S m M $ 4,650.009 $ 2,882.00 00000080 $4i N tl1 P N M M Yf N 8 8 0 61 $ 41,834.00 $ 155,432.00 Ram -Bro Contracting, Inc. 904 lndusirial Robstown, TX 78380 TOTAL PRICE ' �r I 1fi th $ 5,400.00 $ 800.00 $ 9,300.00 0o S o p $ 56 480.00 $ 2,460.00 $ 240.00 $ 240.00 $ 1,000.00 $ 3.426.0 $ 7,106.00 $ 276.00 $ 8,600.0 $ 6,650.01 1$ 2,500.001 8 S 0 $ 4,650.00 $ 2.00 0 0 -' 0 0 0 A 0 0 0 $ 860.01 UNIT PRICE '4, cto t $ 5,400.00 $ 800,00 $ 9,300.00 88 N 0 $ 8.00 $ 410.00 $ 120.00 $ 120.00 $ 50.00 $ 6.0 $ 11.00 $ 4,00 8 8 0 0 $ 3,325.00 88 S 0 0 ADA Ramp & Sidewalk Improvements For Street Overlays Clusters 1, 2, 3 & 4 (Project Nos. 6481, 6482, 6483 & 6484) 0 F o. o0i W s' (Mobilization (Storm Water Pollution Prevention Plan iTrafim Control Remove Existing Concrete ,Concrete Curb Ramp Relocate Traffic Sign Adjust Existing Water Valve 'Adjust Existing Traffic Signal Box Remove and Replace Bride Column Pvmt. Mrk Type I (12" While Solid) Re0. Pvmt. Mrk. TV) (24" White Solid) 1 Eliminate Existing Pavement Markings (24 ") Pedestrian Crossing Advanced Warning Sign With Flashers Pedestrian Crossing Advanced Waming Sign (Without Flashers) IRelocale Existing Sprinkler Head Grass Sodding MAL PART "A" - CLUSTER 1 (ALL STREETS) (ITEMS Al - A16) r: Mobilization 'Storm Water Pollution Prevention Plan Traffic Control Remove Existing Concrete 'Concrete Curb Ramp Reg. Pvmt. Mrk. TYI (W)(24 ")(SLD)(10 MIL) Ref. Pvmt. Mrk. TV) (W)(12 ")(SLD)(100 MIL) Eliminate Existing Pavement Markings (24 ") 1 (Eliminate Existing Pavement Markings (12 ") Pedestrian Crossing Advanced Warning Sign With Flashers TOTAL PART "A" - CLUSTER 3 (ALL STREETS) (ITEMS A17 - A26) !TOTAL BASE BID PART "A" CLUSTERS 1 & 3 r Z LS, - Q j J j N 0 W W W W J t J W W J 2 0 0 J J J LLl a r y O 0 N N N N P N S 0: y r ' o,_ P M O) 1� 0 m O Vi a' a "d "d'Q N `�`LQ 0 1 O << U'rZ m o,- N a'a`a'7 19 'a P ME YI 0 f 'The areas with bold borders Indicate an error in an extension or an addition error. The totals reflected here are the Unit Price x Qty. Section B -2 -7 states, "The unit price shall govern over the amount." ovw)OIt aro1 Part A (Clusters 1 8 3) 5285,413.00 0 w 02 00 H0 525 W -F I AM Services Co. 4818 Genini Corpus Christi, TX 78405 TOTAL oorr•c r�858 § R » �§ N N 8858888888 g, m N O y» d ap d $ N N g 'qP' N- N N 8 NCI y Ipi o 0.- N N m N 58 3 0 » 8 m 10 N 8€ m N i 0 $ 533,041.10 ?)L{ ;)1 114w $ 72 258 do '88N48RE 8 » o N N 8 N N»»»» o v ,n h v N m N ' $ 2,530.00 $ 8,60000 e r W N h m n N Z V 01 S88a88oP. NpO » O y m m N N N 8888.888.R8�R N N N Le" y N Ifl N N' N N N y S8 0 0 » 8 M (6 y 8 N N r 8.8Pr,saO, N_ N 0 r N»» 0 N. 0 M N *9 .8 27.50 $ 8,600.00 gd> S 1 $ 5,593.01 1 $ 24,843.01 $ 25,002.00 $ 68,623.20 $ 1,743.00 $ 2,664.82 $ 2,293.02 1 N 17 N: I $ 2,843.01 $ 4.493.02 O y p4 0 $ 261 102.53 $ 32,522.22 O N »» O- in $ 7,104.13 $ 21.985.48 tr»� !OQ N $ 2,244.34 S. N $ 244.72 $ 2,843.01 $ 80,771.87 $341,874.40! UNIT PRICE $105,430.36 $ 5,593.01 32A mP N » » 8O Oi m N N 3 m V ' N » 3 N N N N co ' N N g C N $ 2,843.01 $ 2,246.51 O a co y ONrj I N $ 32,522.22 $ 2,843.01 $ 5,593.01 T Y N » N » r N N 2 N $ 2.66 $ 2.843.01 INS Construction, Inc. 2410 Bevecrest Drive Corpus Christl, TX 78415 TOTAL PRICE ,Frr. -z' $ 32,000.00 $ 3,800.00 $ 7,500,00 $ 37,600.00 $ 130,610.00 $ 3,670,00 O 8 ppO Cly N 49 VI p . N p p pN O O 69 N 8 8 8 p m ID N » $ 326,491 $ 25340969 Y., xiF.El. N 8 p 8 N ..,?-9. — 4 9 N 1 7,205.00 $ 30,152.50 $ 7,531.00 5 3,323.50 $ 1,355.20 $ 828.00 $ 8,600.00 n p m N m N N UNIT PRICE $ 32.000 00 ! $ 3,800.00 $ 7,500.00 $ 7.00 $ 18,50 $ 645.00 8 8 8 N N 8 p N 2 8 » $ 8,600.00 $ 3,325.00 P , m 4, f.J: ... co 0 N 8 8 8 tD N N N » O 8 8 N' » » 8 2 8 D» R ^ N' » N 8 p 8 m 8 N N Waychoff Construction, Inc. 4920 Beer Lane Corpus Christi, TX 78405 TOTAL PRICE I v.° $ 17,820.00 $ 6,900.00 $ 10,632.00 $ 25,110.00 $ 146,848,00 $ 2,844.00 $ 800.001 $ 1,740.00 8 o 8� pN pM 0 0 to O, ' co N 1 $ 269.101 $ 10,320.00 $ 7,980.00 8 0 Fi $ 302 40 $ 244,598.14 I re iTk ",Nt5.1FAIM:e: p» 8 8 0 8MB : Li : » $ 6,700.65 $ 35,838.40 $ 5,581.80 $ 2.439.84 $ 1,001.88 pN R O R o » N n n n N q 01 y N N ziW? n y r. 8 pN pN pp 8 8 x 0 8 876' P ^8E8'°'N co 0 »y N Ny»»»y p. p 0 8 pN 8. pN N 8 yy p 8 8 8 8 o CI N o N y N p» 8 on NN m' $ 7,230.001 8 8 80 v N NNN»» y: o N 0 R 2 N N ,ti tum »y $ 6.60 $ 10,320.00 Leoncitos, Inc. 2621 Holly Rd. Corpus Christi, TX 78417 J tV p 6 $ 20,000.00 $ 750.00 $ 10,000.00 $ 27,000.00 ! $ 112,818.80 $ 2,962.50 8N m 1- N » 8v CO- » n OI » 0 » $ 280.63 8 h N N m O 0 » y 88 m y 8 y» ;'888 b 0 r -'� ti.: _. 80 fV 8 N mO O y» $ 9,006.251 $ 27,671.38 $ 5,816.59 $ 2,541.50 $ 1,044.23 8 0. n O N N TAL PART "A" - CLUSTER 3 (ALL STREETS) (ITEMS A17 - A26) $ 88,400.91 'TOTAL BASE BID PART "A" CLUSTERS 1 & 3 J $ 303,969.02 I or UNIT PRICE $ R N 8 o N a( o N » » » » S) N N $ 3,125.00 1 8 co NNN o P $ 10,750.00 $ 4,156.25 $ 187.501 m » �888N8S r. f �� 8 R 69 R 8 O » » m r6 » y $to$ M e m » y » °o O n O » N ADA Ramp S Sidewalk Improvements For Street Overlays Clusters 1, 2, 3 S 4 (Project Nos. 6481, 6482, 6483 & 6484) DESCRIPTION 'e FREET$PJkI'FM'i.- '.'e4Ilw ur Storm Water Pollution Prevention Plan Traffic Control Remove Existing Concrete Conaete Curb Ramp Relocate Traffic Sign Adjust Existing Water Valve Adjust Existing Traffic Signal Box Remove and Replace Brick Column Refl. Pant. Mrk Type I (12" White Solid) Refl. Pvml. Mrk. TYI (24" While Solid) Eliminate Existing Pavement Markings (24 ") Pedestrian Crossing Advanced Warning Sign i With Flasher Pedestrian Crossing Advanced Warning Sign ! !(Without Flashers) !Relocate Existing Sprinkler Head !Grass Sodding ETAL PART "A" CLUSTER 1 (ALL STREETS) (ITEMS Al - A10) ' 'i 1Storm Water Pollution Prevention Plan Traffic Control Remove Existing Concrete Concrete Curb Ramp Refl. Pvmt Mrk. TY! (W)(24 ")(SLD)(100 MIL) Ref. Pvmt. Mrk. TYI (W)(12 ")(SLO)(100 MIL) Eliminate Existing Pavement Markings (24 ") !Eliminate Existing Pavement Markings (12") !Pedestrian Crossing Advanced Warning Sign !With Flashers F ,.. J J J Wti1 N W W W W J J J W W J CO J A.�_ J J J LL LL CO CO J J J Q J 0_ • QR IQp _ p 0 0 N N N a I w - N .- J : • ,_- P 0 N ryry T - 6 Q Z Q¢¢¢ Q¢¢ a ¢¢¢¢ N. ¢¢ N P N IEXHIBIT "C" Dane o s n Part B (Cluster 2) $233,078 O N S N M -a eu 4 W f <2 F W U N a. a. 0.. o o — w m O F_ O • v P e w I- z_ 0 z w LL 0 2 F w • m .2 1- t Q H w • - A T 0 A W O 0 V 0 i DU 0 w� d T.. •I 0 am —196— EXHIBIT "C" TOTAL 1 PRICE "SIN '.! -''it r IH CO o ei A 0) N H o a al o N $ 27,038.34 it N 0 0 0 A H $ 1,661.61 $ 5,329.64 ID a) N T N t N 0 N a N 0 I7 H N P CO 0 N II 00 "916 $ $ 1.193.00 $ 1,357.92 N ' () H CO f) ' N 00 0 n N 0 N A N .- N N N A N t- N N 7 $ 55,473.91 $ 5,593.01 3 0) o r H e N to of N m e ry N 0 H H a Oi CO m H v 00 V) 0 N rP CO t9 H $ 1,684.27 $ 306.00 $ 298.25 $ 59.04 ry CV H 3 10 H 00, n N H&G Contractors P.O. Box 10706 Corpus Chrlstl, TX 78409 1 TOTAL. PRICE $ 16,500.00 5 2,498.40 00 N N CD r N 00 � 0 V N H 1 $ 87,032.00 $ 1,541.70 $ 2,727.20 1 $ 2,441.20 °0 p 0 H $ 1,520.5011 IOV, 0 0 tV H $ 2,392.501 $ 1,738.00 $ 1,869.90 $ 13,520.401 00 la Y N N CO ri t°a ^ N °..°- .0 0 0 CO CO O N N N N o to O P 0 P 0 N N 0 0 N 0 N 1$ 3.80 0 0 H 0 0 A CO CO H H 0 41 ( N 0 0 0 H $ 1,520.50 $ 2,315.20 0 i0 A H $ 434.50 $ 81.30 0 A H 0 Ia H $ 434.50 TOTAL PRICE 0 o CO- H 0 O O r N $ 7,600.00 N O N 0 0 r H $ 75,301.601 $ 2,284.00 $ 800.00 $ 800.00 1 $ 200.00 $ 1,200.00 $ 1,200.00 $ 600.00 5 1,200.00 $ 920.00 0 P a N " H $ 26,901.00 O T H O O 0 0 ai b A A 0 0 N N UNIT PRICE �,.fW4mns'a"kryJ o O O O O O 0 0 CO r H N O N 0 r N N L$ 9.95 $ 4.00 $ 200.00 L 200.00 $ 200.00 $ 1,200.00 1,200.00 O O 0 N $ 300.00 $ 40.00 O N N H O 0 o N $ 300.00 Ram-Bro Contracting. Inc. 904 I dustdal Ave. Robstown, TX 78380 TOTAL PRICE eyzawaila 0 0 O 0 N 0 0 O O 0 H 0 N O ' 49 $ 60.544.00 $ 2,855.00 $ 480.00 $ 480.00 $ 120.00 I N $ 300.00 $ 360.00 0 o 0 °O O O A r N N H 00 N el P N N 0 N H $ 1.200.00 $ 145,266.00 $145,265.001 UNIT PRICE $ 7,000.00 $ 800.00 00 "000'2 $ 0 N H 100 "8 $ $ 5.00 $ 120.00 $ 120.00 $ 120.00 $ 300.00 0 0 O O CI H $ 120.00 $ 400.00 $ 250.00 °O 0 N o H $ 400.00 ADA Ramp & Sidewalk Improvements 'or Street Overlays Clusters 1, 2, 3 & 4 Project Nos. 6481, 6482, 6483 & 6484) DESCRIPTION Mobilization, complete in place per lump sum Storm Water Pollution Prevention Plan, complete in place per lump sum Traffic Control, complete in place per lump sum Remove Existing Concrete, complete in and in place per square foot Concrete Curb Ramp, complete in place per square foot Sodding, complete in place per square foot Gas Valve Adjustment, complete in place per each Water Valve Adjustment, complete in place per each 'Water Meter Adjustment, complete in place per each 'stormwater Manhole Adjustment, complete in place per each Manhole Vault Adjustment, complete in place 'per each 'Put Box Adjustment, complete in place per each 'Relocate Sign, complete in place per each 'Retrofit Detectable Warning, complete in place 'per square foot Reflective Pavement Marking Type 1 (12" White 'Solid), complete In place per linear foot Reflective Pavement Marking Type 1 (24" White Solid), complete in place per linear foot Install Small Roadside Sign /Assembly, complete in place per each li'SUBTOTAL PART "B" - CLUSTER 2 (ALL STREETS) - (ITEMS 8 -1 -0-17) TOTAL BASE BID PART "B" - CLUSTER 2 - (ITEMS B -1 - B -17) J CO 0 N W W W W< W — O — in 0 0 N P A P — .- r el P N N 17 lV N y0) N co I— a m m maim m m m ai maim m ai m —196— EXHIBIT "C" Part B (Cluster 2) $233,078 Leoncltos, Inc. 400 SPID, Ste. 104 Corpus Christi, TX 78405 UNIT TOTAL POICe n ry "• II 00'000'01. $ 1 oo o O (0 w 1 $ 40,818.75 °0 0 OI 1V . H $ 10,706.25 $ 5,000.00 0 0 00 N H 00 N N r H $ 3.750.00 h 00 N N 0 H N. m N N H $ 1,437.9611 00 m Y N H 0 0 N 0 H 00 m Y r H $ 263,364.77 11 n b 1+1 0 H H •.8:0 :10 '10 Fi∎O q i r H O C01 01 H $ 5,000.00 N N O H w N e0• H $ 18.75 $ 1,250.00 O O N 0 H 5 1,250.00 0 0 0 N. cn H 0 O 0 N en 49 $ 906.25 I O O 00) Y w N N 10 w 0 co co H - w O yO OI Y w W �O F 6 1 1,830.00 II N Y(0 m H $ 38,336.97 p N H O O O0<) O m w H O 1.1 g. w $ 671.00 $ 793.00 O 0 CD N H 0 Ol 0 0 N H $ 301.30 0 N a - H 0 10 N of H $ 4,422.00 If $ 241,636.70 UNIT PRICE II5 1,a30.00 0 01 o Y m H r 0 w w CO 0 .n- w $ 0.79 $ 137.25 w N 0 w 0 O N. m w 0 O m N. H $ 793.00 $ 884.50 0 O n 0 w 0 1f9 w 0 `o H $ 13.00 0 0 Yn a w SLC Construction 1165 Rodeo Dr. Aransas Pass, TX 78336 �I TOTAL PRICE 3k: I a 11.nu.uu 0 0 o 0 ' w $ 47,937.54 1 ' is e m H 0 T 0 0 o b 0 1•f H w 0 0 o 0 CO w 5 958.00 0 0 n a r w 0 w n v r w 0 1. m n 1V w $ 575.0011 0 O m a N w N O m b 0) w w 5 3,281.2511 $ 234,690.63 111 UNIT PRICE_ s- • 1 I,LDU.ee $ 12,500.00 Y 01 1` H m O ' H 0 N O w N. w w 0 O w 0 w $ 958.00 $ 1,437.50I 0 N 10 ' H m N 0 G01 w o O 0 (0 H o O N N w 0 10 b w 5 13.13 w N. 0) O H Garrett Construction P.O. Box 1028 Ingleside, TX 78362 TOTAL PRICE L, m m r w 5 371.90 $ 12,481.70 0m - 10 CO w 0m w m CD w $ 3,882.80 $ 360.60 $ 360.60 m- m w $ 445.00 $ 445.00 $ 2,593.50 $ 822.25 $ 14,706.40 $ 32,025.00 00 w p w UNIT PRICE 3.e elan„ $ 371.90 0 N. w Y N w 0 w w' w 0 N w CO 0(0 m O m w w 0 O m w N O m w 0 O m a Y w $ 445.00 0 N Y m m I w $ 35.75 1 0 N m w $ 12.50 $ 471.00 amp & Sidewalk Improvements tet Overlays Clusters 1, 2, 3 & 4 t Nos. 6481, 6482, 6483 & 6484) DESCRIPTION MnhJOabnn nmm�latu ,n Blew w. I,.,. n �,,,., complete in place per lump sum Traffic Control, complete in place per lump sum Remove Existing Concrete, complete in and in place per square foot Concrete Curb Ramp. complete in place per square foot Sodding, complete in place per square foot Gas Valve Adjustment, complete in place per each Water Valve Adjustment, complete in place per each Water Meter Adjustment, complete in place per each Stormwater Manhole Adjustment, complete in place per each Manhole Vault Adjustment, complete in place per each Pull Box Adjustment, complete in place per each ,,,y, Nn„pm p,uw per square foot Reflective Pavement Marking Type 1 (12" White Solid), complete in place per linear foot Reflective Pavement Marking Type 1 (24" White Solid), complete in place per linear foot Install Small Roadside Sign/Assembly, complete in place per each IITOTAL BASE BID PART "B" - CLUSTER 2 - (ITEMS B -1 - B -17) 11 4 7 . n a —197— "The areas with bold borders indlcat EXHIBIT "C" I 4- 0 ri 8 N V. o N q > �U n oa Waychof Construction A. Ortiz Construction 4920 Bear Lane 102 Airport Rd 14 Corpus Christi, TX 78406 Corpus Christi, TX 78406 J W• O ao $ 5,000.001 0 o O w N - N e CO m w w $ 2,284.00 i $ 1,200.00 O o N w O In 0 m w O N w $ 1.200.00 $ 1,200.00 $ 1,035.00 0 0 N w $ 25,620.00 II Ot m w N a 40 w 0 N Q o w UNIT TOTAL UNIT PRICE PRICE ppmp t AO 1I $ 7.500.00 $ 5,000.00 ! O O 0 c 49 N N w O N w $ 4.00 $ 300.00 $ 300.00 1 O O O m w O 0 69 O O 40 69 $ 400.00 $ 300.00 $ 45.00 N n 69 O r! IS $ 300.00 0 p YOI O m N Vl N w w 0 N N ai w 0 la CO m 6 w 0 Y Y ' w $ 2,158.38 $ 1,440.00 $ 1,200.00 $ 720.00 b 0 aO t r 69 $ 1,440.00 O t0 01 49 $ 1,896.00 $ 273.24 m N m ^ 69 $ 32,281,20 0 0 N p w in 10 h N w $ 277,773.6511 O �.,'. N m N 0 0 O N h 0 w 0 N N w co P w 0 N w r O m N m w w $ 300.00 O N n w $ 1,440.00 O p tf w $ 870.00 $ 474.00 $ 11.88 N O w $ 12.60 I $ 474.00 INS Construction P.O. Box 8364 Corpus Christi, TX 78468 TOTAL PRICE 1 $ 27,000.00 p CO un o o o n m in $ 33.961.201 °0 (0 O c' w $ 1,713.00 $ 3,264.00 $ 880.00 11 $ 870.00 1 °O 0 0 o w o 0 o CO w $ 3.540.00 $ 2,580.00 $_ 2,116.00 W e .- w 0 td ° en w Oo o m w $ 268 704.20 N or r Imo UNIT PRICE zr 0 O O 0 kL SIN .,�jw $ 4,350.00 0 O O m ID 69 0 N m w 0 O ' w 0 0 O O 1" m m w w S J9n n 1 0 0 w $ 1,000.0(1 00'009'1. $ 0 0 .- w $ 845.00 $ 92.00 0 N m w 0 0 , w 0 0 O co w amp & Sidewalk Improvements tat Overlays Clusters 1, 2, 3 & 4 t Nos. 6481, 6482, 6483 & 6484) DESCRIPTION Mobilization, complete in place per lump sum Stone Water Pollution Prevention Plan, complete in place per lump sum Traffic Control, complete in place per lump sum Remove Existing Concrete, complete in and in place per square foot !Concrete Curb Ramp, complete in place per (square foot ;Sodding, complete in place per square foot ',Gas Valve Adjustment, complete in place per each Water Valve Adjustment, complete in place per each Water Meter Adjustment, complete in place per each Stormwater Manhole Adjustment, complete in place per each Manhole Vault Adjustment, complete in place per each Pull Box Adjustment, complete in place per each Relocate Sign. complete in place per each Retrofit Detectable Warning, complete in place per square foot Reflective Pavement Marking Type 1 (ID White Solid), complete in place per linear foot Reflective Pavement Marking Type 1 (24' White Solid), complete in place per linear foot Install Small Roadside Sign /Assembly, complete in place per each IISUBTOTAL PART ^B" - CLUSTER 2 (ALL STREETS) - (ITEMS B-1- 8-17) TOTAL BASE BID PART "B" - CLUSTER 2 - (ITEMS B -1 - B -17) J J J CO W W N W W W W W WO) J J W C �0f n c0 p !� N e a ' ' .- m • N N n N N in N m WT I- N fell.; m m 01 q m N m ID 1� m co 0 ch 0l 01 O Ol ' N N Ol m V Ot OS w_ (il CO 05 ' Ot -198- The areas with bold borders Indicate an error EXHIBIT "C" I Part C (Cluster 4) $287,938 H &G Contractors P.O. Box 10706 Corpus Christi, TX 78409 Q 0 0 re F 6 `� '.: �. $ 21,000.00( $ 1,322.60 om o O en H N o h 0 N m N 00 e co 1- 0 $ 310.50 $ 9,570.00 $ 610.30 0 m en n r N 0 o m CO O N $ 1,305.20 $ 13.976.40 $ 33,085.50 o n 6 0 H 0 o 0 V m N oo N 0 H 0 n IC N In0 N N on (0 N N N 10 0 ■ =a e $ 21.000.00 $ 1,322.60 $ 23,430.00 $ 3.70 o - n $ 2.70 $ 797.50 $ 610.30 $ 681.80 $ 48.80 $ 25.10 0 i° w $ 11.50 $ 296.10 0 0 o o an $ 434.50 I W o a f 6 1 $ 15,067.35 $ 368.75 o to n n N m C.L. a 49 H o m 0 m H $ 1,219.00 $ 10,285.80 0 a 01 m N 0 m b v. N 0 N N m N 49 0 m o 0 N 0 m 0) m ,- H 0 m P b S N $ 2,242.80 II in m N 10 H 0 o g m H 0 ry m 0 0 N N $ 256,909.20 I. W i. 4` pWWprr ('�`� a.'� m n n to I mp o t0 w w n N m m w w 0 O w $ 10.60 $ 857.15 0 cr, m m w 0 m CO w 0 m N 0 10 n 0 4 m w 1 $ 12.40 $ 320.40 m n m w 1$ 467.00 oil Weaver Box 1361 ,TX 78387 TOTAL PRICE I • S S o 0 o b w 19 $ 12,200.00 $ 22,207.50 $ 92,256.40 S S 0 o a s N w w $ 200.00 $ 400.00 S 0 pn 0 0 0 0o N w $ 12,750.40 0 a N 0 w S m 0 $ 8,700.00 11 0 0 o CO w (0 n 0 N N 0 u n 0 0 10 UNIT PRICE 6w °o 0 0 m O_ 44 M °o °m oi N 04 w w m N N °o 0 Y 0 N H H $ 200.00 $ 200.00 °o p w 00'ES $ N V w in o N $ 271.00 00 m 0 w $ 300.00 :minding. Inc. Iustdal Ave. n, TX 78380 TOTAL PRICE °o 0 N °opp S m n m 0 49 10 0 n d n W $ 575.00 $ 1,440.00 $ 120.00 $ 240.00 $ 24,000.00 $ 312.00 $ 14,712.00 $ 31,647.00 $ 2.100.00 00 0 ID. m 49 0 00 m M 00 0 0 N N $ 200,188.00 [ UNIT PRICE ttilLcuir a s.suu.uu $ 800.00 00'Z $ O 0'000t S I 00'9 $ $ 5.00 $ 120.00 0 0 N N ,_ w m w $ 250.00 0 m w S w 0 m $ 300.00 0 0 m m w $ 400.00 SUBTOTAL PART "C" - CLUSTER 4 (ALL STREETS) - (ITEMS C -1 - C -16) TOTAL BASE BID PART "C" - CLUSTER 4 - (ITEMS C -1 - C -16) amp & Sidewalk Improvements ret Overlays Clusters 1, 2, 3 & 4 t Nos. 6481, 6482, 6483 & 6484) DESCRIPTION Mb'' o I I Izatlon, complete m place per lump sum Storm Water Pollution Prevention Plan, complete in place perlump sum Traffic Control, complete in place per lump sum Remove Existing Concrete, complete in place per square foot Concrete Curb Ramp, complete in place per square foot Sodding, complete in place per square foot ,Pun Box Adjustment, complete in place per each '.Water Valve Adjustment, complete in place per each Gas Valve Adjustment, complete in place per each Retrofit Detectable Waming, complete in place per square foot Rock Garden, complete in place per square foot. IRe0ective Pavement Marking Type 1 (12" White (Solid), complete in place per linear foot Reflective Pavement Marking Type 1 (24" White Solid), complete in place per linear foot IRe0ective Pavement Marking Type 1 (36" White 'Yield Triangle), complete in place per each .Flashing Beacon Assembly, complete in place per each Install Small Roadside Sign /Assembly, complete M place per each D J k0 YI CO J N LL LL J N m LL 6 N III Q fll Q 111 LL !/1 LL N LL J LL J Q tll Q LI YI T o ul ^ N N 0 N 0 m 4- ' N to N a N n to of n 4 N 2 d N d r) v m 0 o d m 1. J o m J m d 0 d J N d 0 d p J to d b d —199— EXHIBIT "C" I Part C (Cluster 4) 5287,938 -w 2 k§ co k 0/ \z kuJ § ( CO § / a. w /� Ls et ra .12 � ! | §) m w —200— 0 1 ria | / | | EXHIBIT | § \/ 0 0 1 $ 41,305.95 ( $ 434.70 $ 10,440.00 \ } $ 1,140.48 $ 1,060.80 1 \ 0 $ 2.276.40 -ot $ 948.00 ) $ 359,794.61 UNIT 0 9 69 1$ 14,940.00 - VI 1 $ 20.80 . IS 64 1$ 300.00 / 69 CO 44 0 69 - S , co $ 325.20 69 0 1 61 Hammon Excavating 1814 Holly Rd Ste. B Corpus Chdstl, TX 78417 1. 1. $ 3 050 00 1 $ 1,220.00 \ 69 - 64 1 $ 158,365.76 ` \ SI ffl 69 $ 549.001 � as $ 182.5211 CO 69 k 69 $ 2,204.51 $ 10,492.00 $ 2.037.40 $ 310,142.63 II $ 310142.83 2 \f $ 3,050.00 $ 1,220.00 0 I$ 5.65 ! ` $ 0.79 $ 884.50 ` 2 $ 274.50 0 a 6 @ ° $ 12.84 $ 314.93 \ \ I TOTAL PRICE 5 11,250 00 I$ 2,250.00 $ 12,500.00 \ \0- -69 � 69 - I$ 875.00 0 - $ 2,400.0011 - CO - \ - $ 2,371.25 0 ..- }j 04 04 UNIT PRICE ■ )\ 1$ 2,250.00 \ $ 1.20 $ 906.25 $ 875.00 1$ 875.00 $ 25.00 $ 18.85 $ 338.75 \ ` $ 1,043.75 Salinas Construction 3734 FM 3006 Pleasanton, TX 78064 ITOTAL PRICE a \ / }. - § - } \ - $ 35,798.49 $ 89,860.24 6 0 r 0 0 -- 0 _ . $ 2,664.82 \ - \ - \ - - - $ 208.53 $ 2,843.01 - in UNIT PRICE $ 65,606.93' \ SI \ 69 ! 0 69 $ 3.01 $ 282.75 44 ) 19 § t4 | S !f . $ 29.79 , 03 69 in 14 amp & Sidewalk Improvements pet Overlays Clusters 1, 2, 3 & 4 t Nos. 6481, 6482, 6483 & 6484) 2 LI f91.'luj8'hREEEB9i+KR t prrk+ ;;' Mobilization complete in place per lump sum Storm Water Pollution Prevention Plan, complete in place perlump sum Traffic Control, complete in place per lump sum Remove Existing Concrete, complete in place per square foot Concrete Curb Ramp, complete In place per square foot Sodding, complete in place per square foot Pull Box Adjustment, complete in place per each Water valve Adjustment. complete in place per each Gas valve Adjustment, complete in place per each iRetroflt Detectable Warning, complete in place per square foot Rock Garden, complete in place per square foot. Reflective Pavement Marking Type 1 (12" White Solid), complete in place per linear foot Reflective Pavement Marking Type 1 (24" White Solid), complete in place per linear foot Reflective Pavement Marking Type 1 (36" White Yield Triangle), complete in place per each Flashing Beacon Assembly, complete in place per each Install Small Roadside Sign /Assembly, complete in place per each • CLUSTER 4 (ALL STREETS) - (ITEMS C -1 - C- D PART "C" - CLUSTER 4 - (ITEMS C -1 - C -16) :: , , * & ! & # m & _ ! III § � , CO oo- 6 t- a , 0 N .- , § \ \� ; 0 ; o 3 ! , 0 / / , c0 0 6 0 , CO 0 ' —200— 0 1 ria | / | | EXHIBIT | ca F 1- N R' 0 U N 0 K N0 O U m LL LL � O —• 0 Z_ CO W CO W, m Q Z u 0 W O E - e m Z W )y 1- • O A Et L c • 0 R W :U • b W a. mo Cm S am m" n m n N p LO U U 0a ENGINEER'S ESTI —201— 1 EXHIBIT "C" UNIT TOTAL PRICE PRICE l' N N H N H H H N H 69 CO - $ N H N N 0 0 2 0 0 z Leoncltos, Inc. 400 SPID, Ste. 104 Corpus Christi, TX 78406 W F U 0af`, f a y i5 $ 15,000.00 $ 1,000.00 $ 20,000.00 N. 0 0 0 - N O 0 N H N $ 1,437.50I $ 10,875.00 n N $ 2,500.001 11 00'000'9 $ 0 0 00 H N 0 0 0 m N $ 37,775.01 11 0 0 a N N 0 ,Ox n O' N 0 m 0 H N co u 0) N N N n to N LO N N - U z — 5 ' 1 1 Fil IS 15,000.00 $ 1,000.00 $ 20,000.00 N N to N N H $ 12.50 $ 906.25 $ 375.00 $ 1,250.00 e N 0 H 109'9 $ 13.13 $ 343.00 I 0 0 ci 6 0 N $ 494.00 I A. Ortiz Constructlon 102 Airport Rd. Corpus Christi, TX 78406 TOTAL PRICE I. ' , i6 00, 0 0 0 Om o n vi N 00 0 00 0 H $ 22,207.50 $ 259,616.001 $ 460.00 $ 3,600.00 00 0 m N 00 0 40 N $ 4,320.00 11 $ 4,420.00 00 0 4' cn ai N $ 28.770.00 1 °O 0 L 0 H 00 0 10 0 H $ 2,000.00 II SUBTOTAL PART "C" - CLUSTER 4 (ALL STREETS) - (ITEMS C -1 - C -16) $ 374,183.50 DTOTAL BASE BID PART "C" - CLUSTER 4 - (ITEMS C -1 - C -16) II $ 374,183.50 UNIT PRICE IA 0 0 o o 0 N 0 N N H o o 0 O N 0 0 N N N N $ 4.00 $ 300.00 0 0 N N $ 300.00 ,N Q N 0 CO m N 109'1 5 0 O N $ 500.00 $ 3.500.001 0 O 0 N ADA Ramp & Sidewalk Improvements For Street Overlays Clusters 1, 2, 3 & 4 (Project Nos. 6481, 6482, 6483 & 6484) DESCRIPTION jsiliE __-..- Mobilization, complete in place per lump sum Storm Water Pollution Prevention Plan, complete in place perlump sum Traffic Control, complete in place per lump sum Remove Existing Concrete, complete in place per square foot Concrete Curb Ramp, complete in place per square foot Sodding. complete in place per square foot Pull Box Adjustment. complete in place per each Water Valve Adjustment, complete in place per each Gas Valve Adjustment, complete in place per each Retrofit Detectable Waming, complete in place per Square foot Rock Garden, complete in place per square foot. Reflective Pavement Marking Type 1 (12" White Solid), complete in place per linear foot 'Reflective Pavement Marking Type 1 (24" White Solid), complete in place per linear foot Reflective Pavement Marking Type 1 (36" White Yield Triangle), complete in place per each Flashing Beacon Assembly, complete in place per each Install Small Roadside Sign /Assembly, complete in place per each ill co J J N J LL LL CO W LL Q N W Q W Q W LL N LL 0 LL J LL J Q W Q W Q W Q CO lm N o O r-, " N 1 co O N N A N �- .- N U U 1•) U O N U U TN- U U b U O, CS O U U N U C) U t U N U ,O U —201— 1 EXHIBIT "C" PROJECT BUDGET ADA RAMP AND SIDEWALK IMPROVEMENTS FOR STREET OVERLAYS - CLUSTERS 1, 2, 3 & 4 PROJECT NOS. 6481, 6482, 6483 & 6484 July 28, 2009 FUNDS AVAILABLE: Street 08 Tax Notes $1,311,545.00 FUNDS REQUIRED: Construction (Ram -Bro Contracting, Inc.) $500,885.00 Contingencies (10 %) . . 50,088.00 A/E Consultants: CRG- $62,400; LNV: $111,370 173,770.00 Testing . 7,500.00 Reimbursements 37,567.00 Misc. (Printing, Advertising, etc.) 2,500.00 Total $772,310.00 FUNDS REMAINING: $539,235.00 EXHIBIT "D" Page 1 of 1 —202— \Mproject \councilexhibits \exh6481, 6482, 6483, 6484. dwg CLUSTER 1 Q 'OVERFILL 0R - P1A 624 TO COUNTRY CLUB ENTRANCE I WANOCtlNG CREEK - mamas ST. TO 1NRIEY caw 0 CARANCAN A ST. (NM St) - HANCOC( AVE 10 MORGAN AVE. 10 LOUISIANA PRKWY (N) - SANTA FE SL TO ALAYEDA ST. O LOUISIANA PRKWY (S) - OCEAN DR 10 SANTA FE ST. • L.UABANA PAM (S) - SANTA FE ST. TO STAPLES ST. O FLINN PPo(WY - BCMER 0R- PHRPNE DR. TO HOLLY RD. CLUSTER Z Oe NUECES DAY - UPRNER so. TO 111-31 O TARLTON - C(EMDOD / WASHINGTON To UPRIVER - NUECS BAY TO PALM D MORGAN - CROSSTOS1 TO BALDWIN T2 BALDWN - MPORT RD. TO ACRES CLUSTER 3 13 NOJAN - GREENWOOD / CROSS TOM EXPRESS WAY u MIRE TD. - OCEAN DR. To RUMBA sr. CLUSTER 4 TS StWIFE BLVD. / N -37 TO DO. MAR BLVD. LOCATION MAP NOT TO SCALE CITY PROJECT # 6481, 6482, 6483, 6484 EXHIBIT "E" ADA RAMPS AND SIDEWALK IMPROVEMENTS FOR STREET OVERLAYS CLUSTERS 1, Z 3 & 4 —203 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE. 07 -08 -2009 21 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Special Presentation: Legislative Update — End of Session Report STAFF PRESENTER(S): Name Title /Position Department 1. Rudy D. Garza Director Intergovernmental Relations OUTSIDE PRESENTER(S): Name 1. Snapper Carr 2. Shanna Igo Title /Position Organization Legislative Consultant HiIICo Partners Legislative Director Texas Municipal League BACKGROUND: This presentation will provide an overview of the 81st Legislative Session and 1st Special Session of the 81st Legislature and bills of interest and accomplishment for the City of Corpus Christi, the Coastal Bend, and the State of Texas. We will also provide some insight into activities during the interim period and preparation for the 82nd Legislative Session of Texas. REQUIRED.000NCILACTION: None PowerPoint Supplemental Information Attachments: Attachment 1 — Attachment 2 — Attachment 3 — Attachment 4 — El udy D. Gar lntergovern 'ntal Relation Director rudvga(a,cctexas. com (361) 826-3082 City of Corpus Christi Final Bill Passage Report Texas Municipal League Legislative Update of June 11, 2009 City of Corpus Christi State and Federal Legislative Program for 2009 Texas Municipal League Legislative Program for 2009 —207— PgP }Ulla 11! Oar non II r' It., . °, III -209- suogeied uewnH (n M 0 g 2-n C m 0 01 • ' N < 01 O1 co ir, o go m � O v (0 ° pp.* sndJo3 0 0 0 0 c) 2 m G) 0 0 � 3 n o m� O 3 m o a)a'0ir 0 i o 3° 00 2 c o- -, m p cp 0 k 0 _ 0 N G n CD 0) C 0 0 o 1 .. m 0 Z. N O- 0 D 0 S O O O- �. t gacKa.0 -= N N o0 .o ms ca v3 3. Pi 4. m c m CO .C.. N N N CD 7 O d N c-1 0 CO 0 0 G) r O D co 0 ti J cJJ C0 -I H H 0 3 0 —210— 0 r m 1 0) D r co y 0. O co 1 0 0 O O 0) r t CD rn cnm- 0 �m "a a' —DD `<n 0Cll "a ra -0—j ov• ° -•_o m = n ,..,-1 co am CvCCaacnCll 00 �3aeael�m 9P O ii3am -noo �acn� <� �3cnor- �na,?C�c(ncNcn =cr y or« a- .- mv,.,. =v,o_,, — cnCCD•• a �ccnnNCp 30' camm�cn v *moo=: ccnvmwc 3mvc.� *4. o r1 _ ('c35 • "Ct m ,C3pvvco -eon owm CD -co o m = o �cl.cam-c come on 0) m 5' o m'< m wC oc' o -CD = o 3N� cc m a co CD o_ m ggpliq 2009 2007 I2005 2003 2001 co CO 0 .J 0 CO (J1 W d V O) O (O O) 4) V A (l1 0) O (O 5,754 U1 V N 5,908 5,741 O1 A -I 4,560 Total Bills Introduced A O) W J A 0 N J W (0 v 1,403 0) Ni _. 1,638 O N O --, O O) (O Total Bills Passed 01 O N O N O 1,200+ N O N + 0 O0 p L800+ City - Related Bills Introduced 120+ N O O + -s 0 (71 0 W 0 W 0 140+ A 0 City - Related Bills Passed -211- 3 3 M -o -I xi D cn D D °:3 Dzro o v 0oua 3 su c a D O k M Q 7 y O O ID O 7 O' d S y 0 0 O. a Cy, C 3 0. 3 N in .Ln. 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CD • 16 CD O S y to M N • S M a ▪ 0 o O O ND) l C 3O a1 r 0 0 =,, O _, E D) O O to `< C 3 CD y M 3 3 O -� 3 CO -t, 3 ! O ! O y 33 a) N rt �D � 3 Q 0 .. Cr O v'O 3 :, 0 O 3 r art rt Q. 0 3 3 - W CD a 1 C. CO w --p ,y-,. C1 -I 2 fA C 03 0 0 3 3 CD C! .. O y; fA O ID , O N N N CD 3 it 3 0. ,1 Z x O O O nseu uoisses le!aeds N nnn ir n ' PPP- cC O O 0 0 (•' CD 3 CO Ft 00 -. .a ri• — n O 0 w= <•rt co 7co y0 S1 3 _on 0 a) -I m 0 3 0D O m cQ et -221- NI Providing testimony on interim charges. O o 3 -. O rt y co O o rAl r3•' Cn a nterim Activities •i!OunoO uaoi; 4oegpee j 7 a 1 3 0 rt 3 3 Tk< 3 3 3 0 co CD N 0 0. 0 y n O 0 S 0 if c CD CD 0. •J 1< 0 3 3 n 0 O 0. N 7 ca -2h O 3 0 W (D <'o co c O. y 3 O (0 O a O y O D) 0 co d 0 y -222- C . rn F co it co o 0. so y —d O N� o- < � 00 33 O 0 • 0 (D 0. O 0 N 0 n* '< S O I-1. �0 ei0 O a ao cc 00. O 1 y y0 y0 C 03 • 3. N y 0. 3 m o cr X .a te 0) 0 to co re r Q CD 3 m tC. 3 y CD a;. tD cn y � 5. 3 tsuoilsenO g n Po P1I F ° III �N 3.(5p • N O ca 0 Cp � O N Fr3 w. '5' O =- CD c co A) O .. = N ,-+ C O Vim) n 0 ' 0 CD �, O C r z O 0 3 n Q oIs up 3R'3 Ow kr e n 3 0 O= 7: Oa c CD Cp (Q a) a 3 O'a o zn 010 N o O D• r, , par 0 i O D N - O P * CD O CQ -223- (uunrg'pea) (zanwea auea„) •••noA muegi t kc N S Attachment 1 Priority Legislation Supported by the City of Corpus Christi 81st Legislative Session Final Bill Passage Report CITY REQUESTED BILLS: Election Issue: Address Comptroller & SOS issues with Corpus Christi April election date (originally due to Buc Days conflict) in odd numbered years for all local political subdivisions of the state by moving our election back to May to be consistent with the Statewide uniform election date. At the State's request, this will clear up a conflict on ballot measure eligibility that arose in 2008 with the Sec. of State and Comptroller's office. HB 1945 by Herrero Relating to the date of the general election for certain political subdivisions Status: Signed by the Governor SB 1133 by Hinojosa Senate Companion American Bank Center Issue. Address cumbersome non - profit (Centerplate /Seimen's Center) requirements for the sale of alcohol in publicly owned venues. HB 1505 by Ortiz Relating to ownership of a license or permit authorizing the sale of alcoholic beverages at a facility owned by a municipality or county. Status: Signed by the Governor SB 1678 by Hinojosa Senate Companion Enterprise Zone Issue: Support expansion of Enterprise Zone allocation for next biennium from 6 to 9 slots for the Coastal Bend Region. HB 271 by Ortiz Relating to the designation of enterprise projects during a biennium. Status: Signed by the Governor. A Senate companion was not filed. Senator Van de Putte is the sponsor for HB 271 in Senate. ADA Issue: Support legislation that would address a unique situation involving ADA (aka Handicap) Placards. Persons with disabilities with expired ADA Placards are subject to traffic citations, yet, unlike an expired vehicle inspection certificate /tag , there does not seem to be any provision for any "grace period" for these situations -224- HB 400 by Herrero Relating to the dismissal of a charge of unlawfully parking a vehicle in a space designated specifically for persons with disabilities. Status: Signed by the Governor. A Senate companion was not filed. Senator Hinojosa is the sponsor for HB 400 in Senate. Cultural Educational Facilities Finance Corp. Issue: Support a change in state law to allow Nueces County to create a CEFFC which would replace our existing Health Facilities Development Corp., at the request of the existing HFDC Board and General Counsel, John Bell. HB 1258 by Ortiz House Companion SB 1035 by Hinojosa Relating to the cities or counties that may create a cultural education facilities finance corporation. Status: Signed by the Governor Graffiti Issue: Support legislation to address graffiti offenses by making the law more clear as to what constitutes graffiti related property damage. HB 385 by Ortiz Relating to the prosecution and consequences of (HB 1633 by Walle) certain offenses involving graffiti. Status: HB 1633 signed by the Governor. A Senate companion was not filed. Clean Water Issue: Support legislation to improve water quality and address illegal dumping in the Nueces River Basin and Lake Corpus Christi, which would allow via local option for our City to work with the TCEQ and TXDOT on a joint cross jurisdictional citizen education program. HB 3543 by Lucio III Relating to the creation of a Don't Mess with Texas Water program to prevent illegal dumping that affects the surface waters of this state. Status: Placed on Senate Intent Calendar, 5/26. Bill died in Senate. We will discuss this issue with the TCEQ to determine if the bill can be implemented administratively. —225— OTHER BILLS WE SUPPORT: Open Meetings Act Issue: Support legislation that creates some flexibility to the open meetings act to allow for council member updates of a non - substantive, non - action taking nature. HB 3943 by C. Howard Relating to the requirement to post notice of the subject of a meeting under the open meetings law as the requirement relates to reports about items of community interest at a city council meeting. Status: Added on as amendment to SB 1182 and signed by the Governor. Crime Control Prevention District Issues: Support legislation that would clarify applicable sales tax assessments for crime control districts to create consistency with other sales tax assessments and to also clarify the time for dissolution of a district. SB 792 by Nelson Relating to the imposition of the sales and use tax by certain crime control and prevention districts and fire control, prevention, and ernergency medical services districts. Status: Added as a on Local Calendar. HB 2879 by Ortiz House companion reading amendment to SB 575 SB 575 by Davis Relating to the time for dissolution of crime control prevention districts. Status: Bill was not signed by the governor but becomes law 1/1/10 without his signature. HB 817 by Shelton House companion Transportation Issues: Support legislation that would allow cities to have additional local revenue sources specifically earmarked for street maintenance projects in our city. Under the current local option sales tax code, we would need the ability to bust the 2 cent cap for this purpose or at least be enabled to utilize the option once space under the cap becomes available. SB 855 by Carona Relating to local options regarding transportation and mobility improvement projects in certain counties. —226— Status: Amended to SB 300 - and died on the final day of session. HB 9 by Truitt House Companion Status: Dead SB 294 by Hinojosa Relating to optional fees on the registration of a vehicle imposed by a county. Status: Bill died in House. HB 1716 by Toureilles House companion. Contract Issue: Support legislation that would move the procurement amount for change orders under an existing contract from $25,000 to $50,000 to remain consistent with that of a new contract, which would require approval by the city council. HB 987 by Creighton Relating to competitive procurement and change order requirements for local governments. Status: Signed by the Governor, but language we supported was stripped from the bill in the Senate. SB 624 by West Senate Companion Gaming Issue: Support legislation and a constitutional amendment legalizing gambling in the State of Texas. As an economic development issue, casino gambling would be a boon to our local economy and would include Corpus Christi as a destination site at both our greyhound racetrack and allow us to bid on a slot available for barrier island destinations. HB 1724 by Menendez HJR 70 by Menendez Relating to the authorization and regulation of casino and slot gaming in this state, the creation, powers, and duties of the Texas Gaming Commission, and the powers and duties of the Texas Racing Commission. Authorizing and regulating slot machines and casino games by licensed operators and certain Indian tribes to provide additional money to fund transportation in this state and to provide financial aid for higher education students. (Constitutional Amendment) Status: All gaming related bills died. —227— SB 1084 by Elllis Senate Ccmpan on SJR 31 by Ellis $e« pie Companion :'Cons nL,F 1 m en(' .�1.1= e'� 1��� Sporting Event Funding Issue: Support legislation that will create a funding stream for local communities to attract sporting events, such as national bowling tournaments, sailing regattas, etc. MB 2437 by McCall House companion. SB 1515 by Watson Relating to a major events trust fund and an events trust fund for sporting and non - sporting events Status: Signed by the Governor. Municipal Management District Issue: Support legislation with city revisions that will create a municipal management district for the Padre Gateway Development Project on Padre Island. HB 4768 by Hunter House Companion SB 2550 by Hinojosa Relating to the creation of the Padre Island Gateway Municipal Management District. Status: Signed by the Governor. —228— Texas Municipal League Attachment 2 Legislative UPDATE June 11, 2009 Number 21 How small, of all that human hearts endure, That part which laws or kings can cause or cure. - Samuel Johnson- EIGHTY -FIRST TEXAS LEGISLATURE LIMPS OUT OF TOWN The Texas Legislature has wrapped up the Sr` regular session without passing "must - have" legislation. Some Texas state agencies — including the Texas Department of Transportation and the Texas Department of Insurance —face an uncertain future because lawmakers failed to pass legislation that would extend their existence. This oversight will result in a special session at some future date. As always, legislators began the session by spending a day piously debating and adopting rules of procedure, and then spent the next 139 days violating, ignoring, or suspending those rules. But there the similarities to all other sessions ended. The Important Numbers The 2009 session was characterized, first and foremost, by the volume of work. Lawmakers filed 7,609 bills and proposed Constitutional amendments. That's an increase of 19 percent over the 2007 figure and 29 percent more than 10 years ago. It's likely that no other American legislative body has ever filed that many bills in a biennium. The volume of bills was made even harder to handle by a five -day, late- 1 –229– session talk -a -thon in the House that prevented a voter identification bill from being considered for passage but held up dozens of other measures, as well. As a result, the number of bills passed dropped slightly (please see the accompanying chart). In 2007, lawmakers passed 23.5 percent of bills filed; this year, only 19.3 percent made the cut. Total Bills Total Bills City- Related City- Related Year Introduced* Passed Bills Introduced Bills Passed 1993 4,560 1,089 800+ 140+ 1995 5,147 1,101 800+ 140+ 1997 5,741 1,502 1,100+ 130+ 1999 5,908 1,638 1,230+ 130+ 2001 5,712 1,621 1,200+ 150+ 2003 5,754 1,403 1,200+ 110+ 2005 5,369 1,397 1,200+ 105+ 2007 6,374 1,495 1,200+ 120+ 2009 7,609 1,468 1,500+ *Includes bills and proposed Constitutional amendments; regular session only. 120+ For city- related bills, the success rate was even lower: roughly eight percent. That's good news for cities, since the lion's share of the city- related bills would have harmed municipal authority in some way. In the final days of the session, it required procedural sleight -of -hand to pass even the most non - controversial of bills. On the last day, almost nothing happened. House members, for example, spent most of their time passing resolutions recognizing staffers, friends, or family members. The highlight was a resolution that recognized a lawmaker's grandson for graduating from high school. Then, the House suddenly adjourned without enacting important legislation. Not long after, the Senate, in a fit of pique aimed at the House, also called it quits. 2 -230- Looking Ahead The following sections contain summaries of the major city- related bills passed by the Eighty -First Legislature. The governor has until June 21 to sign bills, veto them, or let them become law without his signature. Some of the bills described below will become effective as soon as they are signed; others (unless vetoed) will become effective on Monday, August 31. The specific effective date for each bill can be found on the Internet at Texas Legislature Online. Future issues of the TML Legislative Update or Texas Town and City magazine will provide additional details on some of the bills described here and will provide other updates as appropriate. FINANCE AND ADMINISTRATION Property Tax H.B. 8 — Property Taxes: does the following: (1) changes the frequency of the comptroller's property value study of an appraisal district from annually to biennially if the most recent study found that the district's appraisal values were valid; and (2) provides for biennial review of appraisal district methodologies. H.B. 770 — Property Taxes: this bill will: (1) allow the continuation of a residential homestead property tax exemption on property that is rendered uninhabitable by wind or water damage, provided reconstruction begins within one year; (2) exempt from property taxes the buildings, tangible property, and certain land owned by chambers of commerce with at Least 50 dues - paying members for the preceding three years; (3) provide that a senior property tax freeze does not expire for property rendered uninhabitable by wind or water damage; and (4) provide that certain improvements (excluding additional square footage or improved exterior) made to real property because of wind damage do not count against the current -law, ten- percent residential property tax appraisal cap. H.B. 1038 — Property Taxes: provides that when appraising a residential homestead, the chief appraiser may not ignore the value of neighboring homesteads that: (1) were sold at foreclosure in the previous three years; or (2) have a market value that has declined because of a declining economy. H.B. 2291 — Property Taxes: does the following: (1) adds language to the motion that must be made whenever a city adopts a property tax rate that exceeds the effective rate, such that the following motion must now be made: "I move that the property tax rate be increased by the adoption of a tax rate of (specify tax rate), which is effectively a (insert percentage by which the proposed tax rate exceeds the effective tax rate) percent increase in the tax rate"; and (2) adds language to the required statement in the tax rate ordinance and on the home page of any Internet Web site operated by the city whenever a city adopts a tax rate that exceeds the effective rate, so that the statement must read as 3 —231— follows: "THE TAX RATE WILL EFFECTIVELY BE RAISED (INSERT PERCENTAGE BY WHICH THE TAX RATE EXCEEDS THE EFFECTIVE MAINTENANCE AND OPERATIONS RATE) PERCENT AND WILL RAISE TAXES FOR MAINTENANCE AND OPERATIONS ON A $100,000 HOME BY APPROXIMATELY $(Insert amount)." (Note: these changes will be in effect for the 2009 tax year. As always, detailed tax rate adoption procedures will be posted on the Legal page of the TML Web site by the end of June 2009.) H.B. 2555 — Property Taxes: this bill will: (1) extend from three years to five years the maximum duration of certain charitable housing development corporation (CHDO) property tax exemptions; (2) remove the requirement from the fraternal organization property tax exemption that the city council must approve, or call an election to approve, the exemption; and (3) extend the fraternal organization property tax exemption to include property owned by certain tax- exempt corporations that turn over all income to fraternal organizations. H.B. 3206 — Property Taxes: alters the pollution control equipment property tax exemption (commonly referred to as the "Prop 2" exemption) as follows: (1) provides that the standards and methods used by the Texas Commission on Environmental Quality (TCEQ) to make a pollution exemption determination apply uniformly to all applications for an exemption; and (2) requires the TCEQ to establish a permanent advisory committee consisting of representatives of industry, appraisal districts, taxing units, and environmental groups, to advise the commission regarding implementation of the exemption. H.B. 3611 — Property Taxes: permits the boards of directors of two or more adjoining appraisal districts to consolidate appraisal review board operations by interlocal contract. (This bill will take effect only if voters approve a proposed constitutional amendment at the November 3, 2009, election. Please see H.J.R. 36, below.) H.B. 3612 — Property Taxes: creates a pilot program under which property tax disputes may be appealed to the State Office of Administrative Hearings (SOAH) in lieu of district court in the following counties: Bexar, Cameron, El Paso, Harris, Tarrant, and Travis. Appeals could be taken to SOAH for any property category other than industrial or mineral. H.B. 3613 — Property Taxes: does the following: (1) exempts from property taxes the total value of the homesteads of totally disabled military veterans; (2) grants a partial property tax exemption for a partially- disabled veteran based on the percentage of the veteran's disability; and (3) provides that the market value of any residential homestead is determined solely on the basis of the property's value as a residence homestead, regardless of the otherwise "highest and best use" of the property. (Part of this bill will take effect only if voters approve a proposed constitutional amendment at the November 3, 2009, election. Please see H.J.R. 36. below.) H.J.R. 36 — Property Taxes: proposes an amendment to the Texas Constitution which, if approved by voters on November 3, 2009, will authorize the legislature to do the following: 4 -232- (1) permit the boards of directors of two or more adjoining appraisal districts to consolidate appraisal review board operations; and (2) provide that the market value of any residential homestead is determined solely on the basis of the property's value as a residence homestead, regardless of the otherwise "highest and best use" of the property. (Please see H.B. 3611 and H.B. 3613 above.) S.B. 252 — Property Taxes: permits the governing body of a city under 10,000 in population to call an election to authorize the governing body to enter into an agreement with the owner of real property that is in or adjacent to the city and is receiving certain Department of Agriculture grants to freeze the property taxes of all taxing entities on that property for five years. S.B. 771 — Property Taxes: among other things, this bill will: (1) require that all available evidence that is specific to the value of a property shall be taken into account in determining the property's market value; (2) provide that when the appraised value of a property is reduced following a successful challenge, the appraised value may increase in the following year only if the increase is reasonably supported by substantial evidence when all the reliable and probative evidence in the record is considered as a whole; (3) provide that for number 2 above, the chief appraiser may satisfy the requirement by correcting inequality in the appraisal of other properties that were considered when appraising the subject property; (4) provide that the burden of proof in number 2 above is on the chief appraiser; (5) provide that a sale may not be considered a "comparable" sale for appraisal purposes unless the sale occurred within the 24 preceding months; (6) provide standards for identifying comparable properties; (7) permit property to maintain an agricultural appraisal during a drought; (8) permit arbitration of residential appraisal for matters other than value; and (9) provide for expedited arbitration of certain properties. S.B. 798 — Property Taxes: does the following: (1) provides that requests for refunds of property tax overpayments shall be made to the tax collector rather than to the auditor as previous law required; and (2) in a city located in a county over 2 million in population, streamlines the process for taxpayers to apply for refunds of property taxes if the amount to be refunded does not exceed $5,000. S.B. 2442 — Property Taxes: this bill will: (1) alter the charitable organization property tax exemption by providing that exempt charities must provide support to certain beneficiaries without regard to ability to pay, and by allowing the exemption for charities that include training and employment in the production of commodities and charities that assist the blind; (2) exempt from property taxes certain radio stations operated by charitable organizations; and (3) exempt from property taxes certain property owned by a charitable organization and leased to an institute of higher education to the extent that it would otherwise be exempt if owned directly by the institute of higher education. Sales Tax H.B. 1801 — Sales Taxes: does the following: (1) adds school supplies (as they are defined by the federal Streamlined Sales and Use Tax Agreement) to the list of exempt items during the August sales tax holiday; and (2) redefines "backpacks" that are 5 -233- currently exempt during the August sales tax holiday to include a backpack with wheels (provided it can also be worn on the back), but excluding luggage, briefcases, athletic bags, duffle bags, gym bags, computer bags, purses, or framed backpacks. Purchasing H.B 987 — Purchasing: provides that reasonable and necessary attorney's fees that are equitable and just are added to the total amount of money that may be awarded to a prevailing party in an adjudication brought against a local governmental entity for breach of a contract. H.B. 2082 — Purchasing: provides that the current local preference law relating to the purchase of any real property, personal property that is not affixed to real property, or services, is limited to a contract for an expenditure of less than $100,000. H.B. 2515 — Purchasing: this bill requires that a governmental entity that makes a public works contract with a prime contractor shall require the contractor, before beginning the work, to execute to the governmental entity: (1) a performance bond if the contract is in excess of $100,000; and (2) a payment bond if the contract is in excess of $50,000 and the governmental entity is a city or a joint airport board. The bill also provides that a person who furnishes material or labor to a contractor under a prime contract with a city that does not exceed $50,000 and that is for public improvements in this state and who gives notice required by law has a lien on the money, bonds, or warrants due the contractor for the improvements. H.B. 2820 — Professional Services: adds landscape architectural and geoscientific services to the Professional Services Procurement Act. H.B. 3668 — Purchasing: provides that if a contract is made without compliance with competitive procurement laws, it is void, and the performance of the contract, including the payment of any money under the contract, may be enjoined by: (1) any property tax- paying resident of the city; or (2) a person who submitted a bid for a contract to which the competitive sealed bidding requirement applies, regardless of residency, if the contract is for the construction of public works. H.B. 4127 — Playground Equipment: provides that on or after September 1, 2009, public funds may not be used to: (1) purchase playground equipment that does not comply with each applicable provision of ASTM Standard F1487- 07ael, "Consumer Safety Performance Specification for Playground Equipment for Public Use," or that has a horizontal bare metal platform or a bare metal step or slide, unless the bare metal is shielded from direct sun; (2) purchase surfacing for the area under and around playground equipment if the surfacing will not comply with each applicable provision of ASTM Standard F2223 -04e1, "Standard Guide for ASTM Standards on Playground Surfacing "; or (3) pay for installation of playground equipment or surfacing if the installation will not comply with each applicable provision of the specifications described 6 -234- by numbers (1) or (2), above, as applicable. The bill also provides that public funds may be used for maintenance of playground equipment or surfacing for the area under and around playground equipment that was purchased before September I, 2009, even if the equipment or surfacing does not comply with the applicable ASTM Intemational specifications. S.B. 229 — Design- Build: provides that a city over 100,000 in population may use the design -build procurement method for a certain number of civil works projects in each fiscal year. Elections H.B. 401 — Elections: authorizes any city that holds its general election on a date other than the November uniform election date to change the date of its general election to the November uniform election date if the change is made by December 31, 2010. H.B. 1256 — Complaint Notice: requires an election judge to post notice at one or more locations at a polling place regarding whom to contact to complain about the conduct of the election. H.B. 1720 — Political Advertising: provides that: (1) an officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising; (2) that prohibition does not apply to a communication that factually describes the purposes of a ballot measure if the communication does not advocate passage or defeat of the measure; (3) an officer or employee of a political subdivision may not spend or authorize the spending of public funds for a communication describing a measure if the communication contains information that the officer or employee knows is false and is sufficiently substantial and important as to be reasonably likely to influence a voter to vote for or against the measure. The bill also provides that it is an affirmative defense to criminal prosecution for an offense described above that an officer or employee of a political subdivision reasonably relied on a court order or an interpretation in a written opinion issued by a court of record, the attorney general, or the Texas Ethics Commission. Finally, the bill provides that on written request of the goveming body of a political subdivision that has ordered an election on a measure, the Texas Ethics Commission shall prepare an advance written advisory opinion as to whether a particular communication relating to the measure does or does not comply with the law. H.B. 2524 — Electronic Voting Machines: requires the general custodian of election records, upon the receipt of an electronic voting system from a vendor, to: (1) verify that the system is certified by the secretary of state; (2) perform a hardware diagnostic test on the system; (3) perform a public test of logic and accuracy on the system, as well as any additional test required by the secretary of state; (4) create a pre - election security procedure; (5) secure access control keys or passwords to voting system equipment; and (6) create a contingency plan for addressing the failure of an electronic voting machine. 7 -235- In addition, the bill prohibits a direct recording electronic voting machine deployed for early voting from being deployed on election day. H.B. 3062 — Elections: provides that the governing body of a political subdivision, other than a county, that orders an election shall deliver notice of the election to the county clerk and voter registrar of each county in which the political subdivision is located not later than the 60th day before election day. S.B. 1134 — Election Clerks: allows certain underage students to serve as election clerks. S.B. 1970 — Elections: this bill: (1) provides that a special election of a city is considered to be a separate election from a general election for city officers or another special election of the city held at the same time; (2) requires a city to post a copy of the order declaring the election of each unopposed candidate at each polling place that would have been used in an election had it not been cancelled; (3) requires a city to print on each ballot for a separate election the names and offices of those candidates who were unopposed and declared elected for an election that was to be held at the same time; (4) allows a city that orders an election on a measure to declare the measure moot and remove it from the ballot if the city determines that the action to be authorized by the voters may not be taken regardless of the outcome of the election; (5) requires the notice of a general or special election to state the location of each polling place, including each early voting polling place; (6) requires an election order to state the location of each early voting polling place; (7) requires an early voting clerk to notify the voter registrar of a federal postcard application that states a voting residence address located outside the registrar's county; (8) provides that a person who changes residence to another county may cast a vote during the early voting period if the person is registered to vote in the county of former residence at the time the person offers to vote in the new county; (9) allows a city to have a voting system technician present at a polling place, a meeting of the early voting ballot board, or a central counting station to maintain or operate voting system equipment; (10) requires a city to post notice of the dates of the filing period for an application for a place on the ballot in a public place within the main city office building not later than the 30th day before the first day on which the application may be submitted; (11) requires a recount deposit to be $60 for each precinct in which paper ballots were used and $100 for each precinct where an electronic voting system was used; and (12) allows for joint elections only if elections are ordered by the authorities of two or more political subdivisions to be held on the same day in all or part of the same county. S.B. 2085 — Political Advertising: provides that: (1) an officer or employee of a political subdivision may not knowingly spend or authorize the spending of public funds for political advertising; (2) it is an affirmative defense to criminal prosecution for an offense described above that an officer or employee of a political subdivision reasonably relied on a court order or an interpretation in a written opinion issued by a court of record, the attorney general, or the Texas Ethics Commission; and (3) on written request of the governing body of a political subdivision that has ordered an election on a 8 -236- measure, the Texas Ethics Commission shall prepare an advance written advisory opinion as to whether a particular communication relating to the measure does or does not comply with the law. Open Government H.B. 2004 — Security Breach Notification: requires a city that owns, licenses, or maintains computerized data that includes sensitive personal information to comply with Section 521.053 of the Business & Commerce Code, which requires that an entity discovering or receiving notification of a breach of sensitive personal information by an unauthorized person must disclose the breach to the individuals as quickly as possible. The bill also requires a city to notify each consumer - reporting agency of a breach that affects at one time more than 10,000 persons, and adds mental and physical health information to the list of sensitive personal information under the security breach statute and to the list of information not subject to the Public Information Act. S.B. 375 — Accident Report Information: this bill provides for the confidentiality of certain types of accident reports and allows TxDoT to release aggregated or statistical information relating to motor vehicle accidents, subject to certain exceptions. S.B. 1068 — Public Information: this bill: (1) allows a city to redact certain personal information relating to a current or former city employee, official, or peace officer under the Public Information Act without first requesting a decision from the attorney general; (2) allows a city to redact certain personal information relating to a volunteer worker or member of the board of directors of a family violence shelter center or sexual assault program under the Public Information Act without first requesting a decision from the attorney general; (3) provides that a requestor of information may seek a decision from the attorney general's office regarding information that was redacted by the city without first seeking a decision from the attorney general; (4) requires a city that redacts information without seeking a decision from the attorney general to provide certain information to the requestor on a form prescribed by the attomey general; and (5) creates an exception to disclosure that protects information in the custody of a city if that information relates to an employee or officer of the city and disclosure of the information would subject the employee or officer to a substantial threat of physical harm. S.B. 1182 — Open Government: this bill: (1) provides that a quorum of the city council may receive from municipal staff, and a member of the governing body may make, a report regarding items of community interest during a council meeting without having given notice of the subject of the report, provided no action is taken or discussed; (2) provides that an "item of community interest" includes expressions of thanks, congratulations, or condolence; information regarding holiday schedules; honorary recognitions of city officials, employees, or other citizens; reminders about upcoming events sponsored by the city or other entity that is scheduled to be attended by a city official or city employee; and announcements involving imminent threats to the public health and safety of the city; (3) requires a govemmental body to send to the attorney 9 -237- general a copy of' the written comments submitted to a requestor within fifteen business days of receiving a written request for information under the Public Information Act (PIA); (4) clarifies that, under the PIA, a suit by a governmental body challenging the determination of the attorney general must be filed in a Travis County district court; (5) requires a law enforcement agency to provide reports of child abuse or neglect in response to a request from either the child who is the subject of the reported abuse or the child's parent or guardian, unless the parent or guardian is alleged to have committed the abuse or neglect; (6) requires a law enforcement agency to redact any personally identifiable information regarding a victim or witness under 18 years of age who is not the child requestor or other child of the parent or guardian; and (7) requires a law enforcement agency to redact any information that is otherwise excepted from required disclosure under law. S.B. 1629 — Public Information Act: provides that an individual who, for substantial financial gain, works for either a newspaper of general circulation that is published on the Internet by a news medium engaged in the business of disseminating news or information to the public, or for a magazine that is published at least once a week or on the Internet by a news medium engaged in the business of disseminating news or information to the general public, is exempt from the required prepayment of personnel costs incurred by a governmental body in responding to certain requests that require large amounts of personnel time. Other Bills H.B. 1505 — Alcoholic Beverages: this bill provides that neither the advertising of an entertainment event, nor the advertising of an alcoholic beverage product is prohibited at a city -owned facility that is financed with public securities; the interest on which is exempt from federal income taxation. The bill also provides that a financial arrangement with concessionaires operating at certain city -owned facilities under contract with a city does not constitute evidence of "subterfuge ownership" as prohibited by state law. H.B. 3756 — Libraries: will: (1) allow a major resource system of libraries to expand its membership to include nonpublic libraries that are operated by units of local government; (2) allow a library operated by a unit of local government to become a member of a regional library system; (3) make records - retention schedules apply to records relating to the conduct of official business from periods before Texas was a state; and (4) abolish the local government records committee, which currently reviews and approves any changes to local government records retention schedules. S.B. 1— State Budget/Parks: This is the state budget bill. Of interest to cities is the fact that local parks grant funding will increase slightly from $31 million for the previous biennium to $31.2 million. Total funding for local park grants, however, will decrease from $49.45 million to $36.2 million per biennium. Of that funding, $6.5 million will be earmarked for two specific local park projects (compared to $16.7 million for 18 specific projects last biennium). 10 -238- S.B. 638 — Depositories: permits city depository banks to pool collateral for deposit amounts in excess of FDIC insurance. Specifically, the bill does the following with respect to pooled collateral: (1) gives cities and banks the option to participate in the program; (2) requires 102 - percent collateralization; (3) requires state comptroller oversight of pooled collateral; and (4) requires third -party safekeeping of collateral in most cases. S.B. 1003 — Office of State - Federal Relations: does the following: (1) requires a city to report to the office on any contract between the city and a federal level lobbyist; (2) mandates that a city submit one report not later than the 30th day after the date the contract is executed and a second report not later than the 30th day after the date the contract is terminated; (3) provides that the report must include the name of the lobbyist or firm, the issue for which the lobbyist was hired, and the amount of compensation paid or to be paid to the lobbyist under the contract; (4) provides that a city or other political subdivision contracting with a federal level lobbyist before September 1, 2009, shall, if the contract has not terminated before that date, submit a report not later than September 30, 2009; and (5) provides that these requirements do not apply to a city whose lobbyist is required by other law to disclose, report, and make available the information required by these sections to the public and a federal or state entity. MUNICIPAL COURTS H.B. 1060 — Warrants: allows arrest warrants or criminal complaints to be forwarded via secure fax or other secure electronic means. H.B. 2386 — Juvenile Records: authorizes a juvenile court to require the sealing of records concerning juveniles who have successfully completed a drug court program. S.B. 408 — Appeals Relating to Animals: this bill will: (1) allow an appeal from the divestment of an animal by a municipal court for cruel treatment to the county court; (2) require that a city provide a transcript of the court's proceeding regarding the divestment of ownership to the county court within five days of receiving notice of an appeal; and (3) require the county court to dispose of the appeal within ten days of receiving the transcript from the city. S.B. 410 — Statute of Limitations: requires a complaint in municipal court to be presented within two years of the date of the offense. S.B. 413 — Failure to Appear: requires a complaint to be filed in municipal court if a defendant fails to appear based on written notice, such as a citation, that has been filed with the court. S.B. 414 — Magistration: provides that, for purposes of commitment in municipal court, a defendant may be brought before the court in person or by means of an electronic 11 -239- broadcast system through which an image of the defendant is presented to the court, including secure Internet videoconferencing. S.B. 415 — ArraiEnment: requires a defendant who has been accused of a fine -only offense to be arraigned in a municipal court or justice court, instead of a county or statutory county court. S.B. 1056 — Juvenile Records: requires a court that has convicted a child of a fine -only offense to issue an order prohibiting criminal justice agencies from disclosing to the public criminal history record information related to the offense, and creates certain exceptions. S.B. 1236 — Misdemeanor Admonishments: requires any citation for a Class C misdemeanor to include an admonishment regarding the consequences relating to gun ownership upon a conviction for a family violence offense. COMMUNITY AND ECONOMIC DEVELOPMENT H.B. 773 — Tax Abatement: extends the authority of cities to enter into new tax abatement agreements until September 1, 2019. (Note: The current statutory authority was due to expire on September 1, 2009.) H.B. 875 — Outdoor Advertising: provides that a district attorney, a county attorney, or a municipal attorney may recover reasonable attorney's fees incurred in a civil action against a person who erects outdoor advertising in violation of state law. H.B. 1029 — Public Improvement Districts: provides that a public improvement district project may include the development, rehabilitation, or expansion of affordable housing. H.B. 1633 — Graffiti: requires a court, including a juvenile court or a court granting community supervision, to require a defendant convicted of a graffiti offense to: (1) pay restitution or personally restore or replace the property; and, (2) if a juvenile, or if placed on conununity supervision, perform a certain number of hours of community service depending on the amount of pecuniary loss resulting from the commission of the offense. H.B. 2685 — Eminent Domain: provides that not later than the seventh day before the date a govemmental or private entity with eminent domain authority makes a final offer to a property owner to acquire real property, the entity must send by first -class mail (or otherwise provide) a landowner's bill of rights statement. In addition, the bill requires an entity with eminent domain authority to provide a copy of the landowner's bill of rights statement to a landowner before or at the same time as the entity first represents in any manner to the landowner that the entity possesses eminent domain authority. H.B. 2927 — Cemeteries: requires a city that operates a cemetery to make necessary repairs, properly maintain the grounds, and restore gravesites after an interment in order 12 —240— to maintain the cemetery in a condition that does not endanger the health, safety, or welfare of the public. H.B. 3072 — 4A/4B Corporations: permits a 4A /4B economic development corporation to receive transfers of real property from a city provided there is an agreement and transfer instrument that requires the corporation to use the property in a manner that promotes a public purpose of the city and provided there is a reverter clause should the property cease to be used for such a purpose. H.B. 3896 — Tax Abatement: extends the authority of cities to enter into new tax abatement agreements until September 1, 2019. (Note: The current statutory authority was due to expire on September 1, 2009.) The bill also permits a city to defer the commencement date of a tax abatement period. H.J.R. 14 — Eminent Domain: proposes an amendment to the Texas Constitution which, if approved by the voters on November 3, 2009, will provide that no person's property shall be taken, damaged, or destroyed for or applied to a "public use" without adequate compensation being made, unless by the consent of such person, and only if the taking, damage, or destruction is necessary for: (1) the ownership, use, and enjoyment of the property, notwithstanding an incidental use, by the state, a political subdivision of the state, or the public at large or an entity granted the power of eminent domain under law; or (2) the elimination of urban blight on a particular parcel of property. The resolution also provides that a "public use" does not include the taking of property for transfer to a private entity for the primary purpose of economic development or the enhancement of tax revenues, and that on or after January 1, 2010, the legislature may enact a law granting the power of eminent domain to an entity only with a two- thirds vote of all members elected to each house. S.B. 576 — Tax Increment Finance: does the following: (1) adds roads, sidewalks, and other infrastructure to the list of permissible costs related to tax increment project plans; (2) prohibits a tax increment plan from providing for payment to a neighborhood enterprise association; and (3) permits a city to grant tax exemptions within a tax increment zone in lieu of paying any increment into the increment fund. S.B. 820 — Building Codes: this bill applies only to a city with a population of more than 100,000. It provides that on or before the 21st day before the date the governing body takes action to consider, review, and recommend the adoption of or amendment to a national model code governing the construction, renovation, use, or maintenance of buildings and building systems, the governing body: (1) shall publish notice of the proposed action conspicuously on the city's Internet Web site; (2) shall make a reasonable effort to encourage public comment from persons affected by the proposed adoption or amendment; and (3) on the written request of five or more persons, shall hold a public hearing open to public comment on the proposed adoption or amendment on or before the 14th day before the date the governing body adopts the ordinance. The bill also provides that if the governing body has established an advisory board or substantially similar entity for the purpose of obtaining public comment on the proposed adoption of or 13 -241- amendment to a national model code, the requirements described above do not apply. In addition, the bill provides that the governing body of a city with a population of more than 100,000 that adopts an ordinance or national model code provision that is intended to govern the construction, renovation, use, or maintenance of buildings and building systems in the city shall delay implementing and enforcing the ordinance for at least 30 days after final adoption, unless a delay in implementing or enforcing the ordinance would cause imminent harm to the health or safety of the public. S.B. 1458 — Tax Abatement: this bill is substantially the same as H.B. 3896, above. S.B. 1952 — Educational Facilities: provides that a home rule city with a population of 25,000 or more that has an institution of higher education located within its boundaries or has entered into an agreement with an institution of higher education relating to the provision of educational services within the city by the institution of higher education may issue public securities, including certificates of obligation, to acquire, construct, or improve land, buildings, or other permanent improvements for use by the institution of higher education. S.B. 2052 — 4A/4B Corporations: adds railport, sea port, and inland port facilities to the list of authorized 4A and 4B sales tax corporation projects. PERSONNEL H.B. 360 — Texas Municipal Retirement System (TMRS): makes the following changes to the TMRS statute: (1) guarantees an annual interest credit of at least five percent to member accounts; (2) sets the annuity purchase rate for retirees at a minimum of five percent; (3) requires the crediting or charging of income or loss; (4) requires the interest fund to accurately reflect the determination and allocation of net investment income or loss; (4) requires annual determination of net investment income or loss based on generally accepted accounting principles; (5) changes the way money from the interest fund is allocated to other TMRS funds, including giving priority to allocating interest to the current service annuity reserve fund, the supplemental disability benefits fund, the supplemental death benefits fund, and the employee savings fund; (6) provides for adequate reserves to provide reasonable rate stabilization to cities; and (7) deletes the provision allowing for the treatment of certain stock gains as investment income that is added to the interest fund. H.B. 451 — Mandatory Health Benefit: requires health benefit plans to cover autism in a child up to age nine. (Note: current law requires coverage up to age six.) H.B. 806 — Mandatory Health Benefit: does the following: (1) requires that health benefit plans provide coverage for prosthetic devices, orthotic devices, and professional services related to the fitting, use, repair, and replacement of those devices; (2) provides that the coverage must equal the coverage provided under federal laws relating to health insurance for the aged and disabled; (3) prohibits annual dollar limits on prosthetic coverage; but (4) allows the health benefit plan to have copays, deductibles, and 14 -242- coinsurance on prosthetic coverage that are the same as those applied to other health conditions. H.B. 1177 – Legislative Leave: expands the number of cities —from cities of 200,000 or more in population to cities of 50,000 or more in population —in which peace officers and firefighters are eligible for legislative leave under subchapter A of Chapter 614 of the Government Code. H.B. 1290 – Mandatory Health Benefit: requires the issuer of a health benefit plan to provide up to $200 in coverage for noninvasive tests for the detection of cardiovascular disease every five years for certain at -risk individuals. H.B. 1960 – Public Safety Pay: requires a city to pay a firefighter or police officer for appearing as a witness at an administrative proceeding in the same manner that a firefighter or police officer would be paid for making an appearance as a witness in a criminal or civil suit. H.B. 2000 – Mandatory Health Benefit: requires a health benefit plan to provide coverage for amino acid -based elemental formulas (typically formulas for infants and children with food allergies). H.B. 2068 – Peace Officer Identification Card: requires a law enforcement agency to provide an identification card to any honorably retired peace officer who requests one. H.B. 2113 – Firefighters: requires a city to "designate" September 11 as a holiday for its firefighters. H.B. 2360 – Income Tax Information: requires a city to provide to its employees eligibility information relating to the federal earned income tax credit by March 1 of each year. The city must provide the information in person; through e-mail at the employee's last known e-mail address; through a flyer included, in writing or electronically, as a payroll stuffer; or by mailing the information to the employee at the employee's last known address by United States first class mail. The bill also requires the state comptroller to provide a form that includes information relating to the federal earned income tax credit for distribution by a city or other employer. Finally, the bill allows the Texas Workforce Commission to adopt rules regarding the information that a city or other employer must provide regarding the federal earned income tax credit. H.B. 2580 – Police Employment Web Site: does the following: (1) requires the Texas Workforce Commission (TWC) to develop, maintain, and promote an Internet Web site relating to employment opportunities for police officers; (2) requires the TWC to contract with the Texas Commission on Law Enforcement Officer Standards and Education (TCLEOSE) to develop a license verification system to verify whether a police officer is licensed and in good standing; and (3) requires the TWC to enter into a contract with TCLEOSE to operate such a Web site if there are no funds for TWC to do so. 15 —243— H.B. 2806 — Civil Service Leave: provides that, in a city covered by Chapter 143 of the Local Government Code (fire /police civil service), when a firefighter or police officer who was on a military leave of absence is reinstated and the reinstatement creates a surplus of personnel in the rank in which the returning firefighter or police officer was reinstated, the person with the least seniority in the surplus position must be moved to the position immediately below the position to which the returning firefighter or police officer was reinstated. H.B. 3001— Employee Pay: allows a Type A or Type B general law city to consider cost of living and longevity in determining an employee's salary. H.B. 4560 — Staph Infection: provides that notice must be given to a firefighter or emergency medical technician who is exposed to methicillin- resistant staphylococcus aureus (MRSA) by a hospital, a local health authority, or by the city as employer. (Note: MRSA is a staph infection that is resistant to conventional treatment.) S.B. 39 — Mandatory Health Benefit: does the following (1) requires that certain health benefit plans provide coverage for health care costs incurred in connection with certain clinical trials for the prevention, detection, or treatment of a life - threatening disease or condition; (2) allows the insurer to subject this coverage to a deductible, coinsurance, or copayment requirement comparable to other deductible, coinsurance, or copayment requirements applicable under the health benefit plan; and (3) prohibits an insurer from cancelling or refusing to renew an insured's policy solely because an enrollee in the plan participates in a clinical trial. S.B. 420 — Judge Evaluations: prohibits a city from taking into account the source and amount of municipal court revenue when evaluating a municipal judge's job performance. S.B. 461 — Civil Service: requires that individuals taking the entrance exam for a beginning position in a fire department covered by Chapter 143 of the Local Government Code (fire /police civil service) be between eighteen and thirty -six years of age. S.B. 872 — Health Coverage for Survivors: does the following: (1) requires a city to provide health benefit coverage to the surviving spouse of a peace officer or firefighter killed in the line of duty at the same rate paid by current employees (meaning that if the city pays the entire premium, the surviving spouse would pay nothing); (2) allows an eligible survivor up to 180 days to apply for health coverage; (3) requires a city to provide an eligible surviving spouse coverage until the surviving spouse becomes eligible for federal Medicare benefits; (4) requires a city to provide an eligible minor coverage until the minor turns 18; (5) requires the city to provide two notices of eligibility for coverage; (6) includes trainees and training routines to the list of covered "line of duty" deaths that trigger required health benefit coverage for eligible survivors; and (7) gives eligible survivors who did not originally apply for coverage until March 1, 2010, to reapply for coverage. 16 —244— PUBLIC SAFETY H.B. 55 — Cell Phones: this bill: (1) makes the use of a wireless communication device while operating a motor vehicle within a school crossing zone a class C misdemeanor, unless the vehicle is stopped or the device is being used in a hands -free mode; (2) requires a city that enforces the prohibition to post a sign that complies with standards adopted by the Texas Department of Transportation at each school crossing zone in the city in order to inform an operator of a motor vehicle of the prohibition (the standards must provide that the sign can be attached to an existing sign), (3) provides that the prohibition does not apply to either an operator of an authorized emergency vehicle if the operator is using the device in an official capacity, or an operator of a radio frequency device who is licensed by the Federal Communications Commission; and (4) provides for the preemption of all city ordinances that are inconsistent with specific provisions of the bill. H.B. 960 — Sexually Oriented Business: provides that a city or county that requires a sexually oriented business to obtain a license or other permit is entitled to obtain from the Texas Department of Public Safety criminal history record information that relates to a person who: (1) is an applicant for a license or other permit for a sexually oriented business in the city or county; (2) is the holder of a license or other permit for a sexually oriented business issued by the city or county; or (3) requests a determination of eligibility for a license or other permit for a sexually oriented business issued by the city or county. H.B. 1067 — Suicide Data Sharing: authorizes a city, without criminal or civil liability, to: (1) enter into a memorandum of understanding to share suicide data that does not name a deceased individual with a medical examiner, a local registrar, a local health authority, a local mental health authority, a community mental health center, a mental health center that acts as a collection agent for the suicide data reported by community mental health centers, or any other political subdivision; and (2) periodically release this data to an agency or organization with recognized expertise in suicide prevention. H.B. 1831 — Emergency Management Training: does the following (1) requires an elected law enforcement official or an appointed public official who has supervisory or management responsibilities and is involved in emergency management or emergency preparedness to take a three -hour emergency management training course provided by the state; (2) suspends the application of a city's on- premise outdoor sign ordinance during a declared disaster to allow licensed or admitted insurance carriers to erect temporary signs to provide information regarding claims service; (3) requires the state's division of emergency management to develop rules that establish uniform reentry procedures for personnel entering a disaster area and to develop a reentry credentialing process that recognizes the role of local emergency management in making decisions and provides local emergency management with flexibility to adjust the plan; (4) gives the mayor the authority to compel individuals to leave an area that is under a mandatory evacuation order; (5) makes an individual who stays in a disaster area despite a mandatory evacuation order civilly liable for any damages or injuries associated with 17 —245— rescuing the individual after refusing to be evacuated; (6) gives immunity from civil liability to a city officer or employee who issues or is working on a mandatory evacuation order; (7) requires a city to provide a post- disaster evaluation to the division of emergency management not later than the 90th day after requested to do so by the division; (8) permits a privately -owned vehicle to qualify as a city police vehicle for certain purposes, provided that the vehicle is marked with the insignia of a law enforcement agency; and (9) requires an electric utility, including a municipally -owned electric utility, to sell electricity to another electric utility if it is needed during a declared disaster. H.B. 1998 — Emergency Shelters: provides that a political subdivision that is the location of temporary housing or emergency shelters for persons moved or evacuated by recommendation or order of the governor may be assisted by any resource available to the state, including the disaster contingency fund, to ensure the political subdivision receives an advance or reimbursement: (1) of all expenses, including lost revenue, incurred by the political subdivision to make available public facilities for temporary housing or emergency shelters; and (2) of the amounts paid for salaries and benefits of permanently employed, straight -time, and regular -time personnel of the political subdivision who perform duties associated with the movement or evacuation of persons into, out of, or through the political subdivision. H.B. 2086 — Gang Activity /Graffiti: does the following: (1) creates the crime of soliciting or directing street gang crime; (2) allows a city to use a map of gang -free zones as evidence at trial; (3) makes a member of a street gang or the gang itself liable to a city injured by the violation of a temporary or permanent injunction; (4) authorizes a city attorney to sue the gang or gang member for actual damages, court and attorneys costs, and a civil penalty not to exceed $20,000; (5) requires that the money collected from such a suit be deposited in the neighborhood and community recovery fund with the attorney general to be used only for the benefit of the community or neighborhood injured; (6) allows a city to retain its sovereign immunity when bringing such a suit; (7) authorizes a city to pass an ordinance requiring a business to lock up aerosol paint behind a counter; (8) allows a city to pass an ordinance requiring removal of graffiti by a property owner if the city offers to remove the graffiti free of charge and the owner refuses; (9) allows a city to remove graffiti from a property if a property owner fails to remove graffiti on or before the fifteenth day after the city gives the owner sufficient notice; (10) allows a city to assess expenses against a property owner on whose property the city had to remove graffiti after the owner refused to do so; (11) creates an anti -gang competitive grant program; and (12) creates a public corruption unit at the Department of Public Safety to investigate allegations of participation in organized criminal activity by peace officers, and requires local cooperation with the unit. H.B. 2553 — Off - Highway Vehicles: does the following: (1) prohibits the Texas Department of Transportation (TxDOT) from registering a golf cart for operation on a public highway, regardless of whether any alteration has been made to the golf cart; (2) authorizes the operation of golf carts on certain streets and in specified areas; (3) authorizes a city to either prohibit the operation of a golf cart on a street if the city 18 —246— determines it is necessary in the interest of safety or to permit certain golf carts to operate on city streets under certain conditions; and (4) authorizes TxDOT to issue license plates to golf carts under certain conditions. H.B. 2571 — Tow Trucks: defines a "consent tow ", for purposes of the bill, as any tow of a motor vehicle in which the tow truck is summoned by the owner or operator of the vehicle or by a person who has possession, custody, or control of the vehicle, not including an incident management tow or a private property tow; defines "incident management tow" as any tow of a vehicle in which the tow truck is summoned because of a traffic accident or to an incident; defines "nonconsent tow" as any tow of a motor vehicle that is not a consent tow, including an incident management tow and a private property tow; and defines "private property tow" as any tow of a vehicle authorized by a parking facility owner without the consent of the owner or operator of the vehicle. The bill provides that the Texas Commission on Licensing and Regulation shall adopt rules for granting permits to tow trucks and granting licenses to towing operators and towing companies, including rules for denial of applications and permits if the applicant has certain criminal convictions or has violated a commission order. To protect the public health and safety, the bill requires the commission to establish: the fees that may be charged in connection with a private property tow; the maximum amount that may be charged for fees, other than tow fees, in connection with a private property tow; and a maximum amount that may be charged for certain private property tows. The bill requires that in adopting rules described above, the commission shall at least every two years contract for a study that examines towing fee studies conducted by cities in this state and analyzes the cost of towing services by company, the consumer price index, the geographic area, and individual cost components. Of special interest to cities is the provision that the governing body of a political subdivision may regulate the fees that may be charged or collected in connection with a nonconsent tow originating in the territory of the political subdivision if the private property tow fees are authorized by commission rule and do not exceed the maximum amount authorized by commission rule. The bill also provides that a vehicle storage facility accepting a vehicle that is towed shall, within two hours after receiving the vehicle, report certain information to the police department of the city from which the vehicle was towed or, if the vehicle was towed from a location that is not in a city with a police department, to the sheriff of the county from which the vehicle was towed. Finally, the bill provides that: (1) the penalties for a towing company or a parking facility owner who violates state law are increased in certain circumstances, and a towing company is required to reimburse the owner or operator of a vehicle for an unauthorized tow in certain circumstances; (2) a hearing to determine the appropriateness of a tow shall be in the justice court having jurisdiction in the precinct from which the motor vehicle was towed; (3) the operator of a vehicle storage facility shall conspicuously post a sign that states: "This vehicle storage facility must accept payment by an electronic check, credit card, or debit card for any fee or charge associated with delivery or storage of a vehicle"; and (4) the operator of a vehicle storage facility may not refuse to release a vehicle based on the inability of the facility to accept payment by electronic check, debit card, or credit card of a fee or charge associated with delivery or storage of the vehicle unless the operator, through no fault of 19 —247— the operator, is unable to accept the electronic check, debit card, or credit card because of a power outage or a machine malfunction. H.B. 2682 — Speed Limits: amends the current statute permitting a city to reduce the speed limit on a city street from 30 m.p.h. to 25 m.p.h. absent an engineering study as follows: (1) removes the current -law requirement that a street must be 35 feet or less in width to qualify for a reduction; (2) removes the current -law requirement that parking be allowed on the street to qualify for a reduction; (3) requires that a street must have two lanes and be undivided to qualify for a reduction; (4) requires a city that reduces a speed limit under the statute on any street after June 2009, to publish on its Internet Web site and submit to TxDOT a report that compares for each of the two previous calendar years the following: (a) the number of traffic citations issued by peace officers for speeding violations on the street; (b) the number of warning citations issued by peace officers on the street; and (c) the number of accidents resulting in injury or death that were attributable to speed limit violations on that street. H.B. 2730 — Public Safety: This is the Department of Public Safety sunset bill. Of particular interest to cities, this bill: (1) eliminates the criminal penalty for a concealed handgun license holder to refuse to display a handgun license and identification on request of a peace officer, and prohibits the suspension of that person's license for refusing to display it to a peace officer; and (2) requires a county with an average disposition completeness percentage of less than 90 percent to establish a local data advisory board, of which the police chief of the municipality with the greatest population in the county must be a member. H.B. 3004 — Animal Control: adds a civil penalty of between $100 and $500 for violations of the animal shelter regulations under Chapter 823 of the Health and Safety Code, but specifies that the regulations cannot be enforced by the county against an animal shelter operated by a city. The bill also provides that a city or county may enjoin violations of the animal shelter laws. H.B. 3389 — Law Enforcement: does the following: (1) requires more detailed reporting by police departments when applying for Texas Commission on Law Enforcement Standards and Education (TCLEOSE) funds; (2) requires a city that desires to start a police department to send a report to TCLEOSE including information on the need for the department, the funding for the department, the facilities that will be used, any police procedures and policies, and other information; (3) requires TCLEOSE to establish a statewide comprehensive education and training program on federal and Texas law; (4) requires an officer to complete training on federal and Texas law as part of the officer's education program; (5) requires an officer holding a basic proficiency certificate to take live training on crisis intervention with individuals with mental impairments; (6) requires an officer with an intermediate proficiency certificate to complete an education and training program on investigative topics and civil rights, racial sensitivity, and cultural diversity; (7) subjects a police department to a TCLEOSE penalty if the department violates state law or a TCLEOSE rule; (8) requires a police department to include handling of individuals of Middle Eastern descent in their racial profiling policies; (9) 20 —248— expands the required contents of a police officer's report on motor vehicle stops to include whether the officer knew the race of the individual detained before detaining the individual; (10) requires an annual report on racial profiling to be filed with TCLEOSE; (I1) provides that if a police department intentionally fails to submit a required racial profiling report, TCLEOSE shall initiate disciplinary action against that agency's chief administrator; (12) imposes a new ten -cent court fee on any person convicted in municipal court of a moving violation; (13) allows a municipal court to retain ten percent of that fee revenue; and (14) requires that the remaining fee revenue be remitted to the state for placement in the "Civil Justice Data Repository" for use by TCLEOSE. H.B. 3866 — Fire Safety Inspections: provides that: (1) only an individual certified by the Texas Commission on Fire Protection as a fire inspector may conduct a fire safety inspection required by a state or local law, rule, regulation, or ordinance; and (2) a fire safety inspection required by a state or local law, rule, regulation, or ordinance must be conducted in accordance with the most recent local fire code or the most recent fire code adopted by the state fire marshal. H.B. 4102 — Disaster Funding: this bill: (1) allows a city that participates in disaster preparation or recovery to request and receive funding from the disaster contingency fund to pay for costs incurred by the city in preparing for or recovering from a disaster; (2) requires a city that has received funding from the disaster contingency fund and subsequently receives reimbursement from the federal government or another source for costs associated with disaster recovery to reimburse the disaster contingency fund for those amounts; (3) provides that money in the disaster contingency fund may be used to pay for a disaster risk financing instrument to leverage available funds and receive proceeds greater than appropriated amounts to pay for extraordinary expenses; (4) provides that a city that is suffering financial hardship as the result of a disaster may receive disaster contingency funds for the purpose of providing local matching funds for Federal Emergency Management Agency qualifying projects. H.B. 4409 — Emergency Management: this bill: (1) waives the civil liability of a city officer, employee, or volunteer for actions taken while discharging duties involved in an activity related to sheltering or housing individuals during a disaster evacuation; (2) makes the Texas General Land Office responsible for contracting for debris removal from beaches following a weather- related disaster; (3) makes the Texas Department of Transportation responsible for contracting for debris removal from the state highway system following a weather - related disaster; and (4) makes the Texas Department of Housing and Community Affairs responsible for contracting to provide temporary shelter or housing following a weather- related disaster. The bill also provides that when constructing or extensively renovating a critical governmental facility (such as a command and control center, shelter, jail, or police or fire station), the entity with charge and control of the facility shall evaluate whether equipping the facility with a combined heating and power system (i.e., a system that can provide all the electricity needed to power the facility's critical emergency operations for at least 14 days) would result in expected energy savings that would exceed the expected costs of purchasing, operating, and maintaining the system over a 20 -year period. Finally, the bill allows the entity to 21 —249— equip the facility with a combined heating and power system if the expected energy savings exceed the expected costs. S.B. 61 — Child Safety Seats: does the following: (1) changes the fine for the offense of failing to secure a child passenger in a motor vehicle; and (2) creates a fifteen -cent court cost on such offenses to be sent to the comptroller to fund a child safety seat distribution program. S.B. 254 — Volunteer Fire Departments/Motor Fuel Taxes: exempts volunteer fire departments from the payment of motor fuel taxes. S.B. 418 — Street Ganes: requires a city police department in a city with a population of 50,000 or more or in a county with a population of 100,000 or more to compile and maintain in a local or regional intelligence database criminal information relating to criminal street gangs. S.B. 446 — Child Safety Fund: authorizes a city with a population under 850,000 that collects a child safety fund court cost but either does not operate a crossing guard program or has excess funds after funding that program to use the money remaining in the fund on programs designed to enhance public safety and security. S.B. 702 — Towing: provides, among other things, that: (1) a vehicle storage facility accepting a towed vehicle shall, within two hours after receiving the vehicle, report to the Local law enforcement agency with jurisdiction over the area from which the vehicle was towed a general description of the vehicle; the state and number of the vehicle's license plate, if any; the vehicle identification number of the vehicle, if it can be ascertained; the location from which the vehicle was towed; and the name and location of the vehicle storage facility where the vehicle is being stored; (2) the report required by number 1, above, must be made by telephone, electronically, delivered personally, or by facsimile; (3) all storage fees shall be posted at licensed vehicle storage facility to which a motor vehicle has been delivered and shall be posted in view of the person who claims the vehicle; and (4) a motor vehicle owned and operated by a governmental entity is exempt from the state's towing laws. S.B. 1011 — Texas Commission on Fire Protection: does the following: (1) allows the Texas Commission on Fire Protection to modify or reject the recommendations of the Fire Fighter Advisory Committee; (2) requires that commission fees be based on an amount designed to recover the commission's costs, with no maximum fee listed; (3) requires firefighter applicants to obtain a fmgerprint -based criminal history record before receiving their certificates; (4) allows the commission to perform risk -based assessments on fire departments that can lead to fines, default judgments, and suspension of fire department certificates; (5) creates a grant program for firefighter training and firefighter equipment to be used by city fire departments and volunteer fire departments; and (6) abolishes the fire department emergency program, which provides scholarships, grants, loans, and other financial assistance to eligible local fire departments. 22 —250— S.B. 1732 — Swimming Pool Safety: this bill: (1) requires the owner, manager, or operator of a public swimming pool to comply with pool safety standards adopted by the Health and Human Services Commission; (2) requires the executive commissioner of the Health and Human Services Commission to adopt pool safety standards related to drowning that are at least as stringent as those imposed under the federal Virginia Graeme Baker Pool and Spa Safety Act. S.B. 2048 — Sex Offenders: does the following: (1) authorizes a commissioners court in a county with a population greater than 100,000 to enter into an interlocal agreement with a city to designate the office of the chief of police as the mandatory, centralized sex offender registration site for the entire county; and (2) requires a sex offender residing in a city to notify the city of his/her registration with a centralized registration authority if the centralized registration authority is not the city. S.B. 2153 — Vehicle Booting: adds the regulation of vehicle "booting" (the attachment to a vehicle's wheel a device that is designed to immobilize the vehicle) to the Texas Towing Act. The bill provides, among other things, that: (1) unless a person holds an appropriate license under state law, the person may not perform booting operations; (2) a parking facility owner may, without the consent of the owner or operator of an unauthorized vehicle, cause a boot to be installed on the vehicle in the parking facility if appropriate signs (as defined by the bill) are located on the parking facility at the time of the booting; (3) a boot operator who installs a boot on a vehicle must affix a conspicuous notice to the vehicle's front windshield or driver's side window stating that the vehicle has been booted and damage may occur if the vehicle is moved; the date and time the boot was installed; the name, address, and telephone number of the booting company; a telephone number that is answered 24 hours a day to enable the owner or operator of the vehicle to arrange for removal of the boot; the amount of the fee for removal of the boot and any associated parking fees; and notice of the right of a vehicle owner or vehicle. operator to a hearing in justice court; (4) upon removal of a boot, the boot operator shall provide a receipt to the vehicle owner or operator stating various items as defined by the bill; (5) a booting entity shall accept payment by an electronic check, debit card, or credit card for any fee or charge associated with the removal of a boot; and (6) a booting entity may not collect a fee for any charge associated with the removal of a boot from a person who offers to pay the charge with an electronic check, debit card, or credit card form of payment that the booting entity is not equipped to accept. Of particular interest to cities, the bill provides that: (1) a city may adopt an ordinance that is identical to the booting provisions in the bill or that imposes additional requirements that exceed the minimum standards of the booting provisions in the bill, but may not adopt an ordinance that conflicts with the booting provisions in the bill; (2) a city may regulate the fees that may be charged in connection with the booting of a vehicle, including associated parking fees; and (3) a city may require booting companies to obtain a permit to operate in the city. 23 —251— UTILITIES, TRANSPORTATION, AND ENVIRONMENT H.B 1174 — Sewer Backups: provides that: (1) a city may pay actual property damages caused by the backup of the city's sanitary sewer system regardless of whether the city would be liable for the damages under the Texas Tort Claims Act; and (2) the bill does not waive governmental immunity from suit or liability. H.B. 1433 — TCEQ Water Quality Fee: increases from $75,000 to $100,000 the maximum amount of the annual fee imposed by the TCEQ on wastewater discharge permit holders and water users, and requires an annual adjustment reflecting the change in the consumer price index (CPI), up to a maximum of $150,000. H.B. 1937 — Energy Assessment Zones: authorizes a city to create a voluntary property assessment in order to finance energy efficiency improvements on certain types of property. H.B. 2063 — Groundwater /Sovereign Immunity: authorizes a groundwater conservation district to sue a city, but does not explicitly waive a city's sovereign immunity. H.B. 2333 — Mineral Leases: provides that a city may enter into a lease for an oil, gas, or mineral interest in a street, alley, or public square (not including a public park) if the lease prohibits the lessee from using the surface of the land for drilling, production, or other operations. H.B. 2527 — Commercial Fertilizer: this bill: (1) requires a person to hold a certificate of registration from the Texas Feed and Fertilizer Control Service in order to produce, store, transfer, or sell ammonium nitrate material; and (2) preempts any city ordinance relating to the regulation of commercial fertilizer. H.B. 2572 — Gas Pipelines: provides that a gas corporation has the right to lay and maintain lines over, along, under, and across a public road, a railroad, railroad right - of -way, an interurban railroad, a street railroad, a canal or stream, or a municipal street or alley only if: (1) the pipeline complies with all safety regulations adopted by the Railroad Commission of Texas, all federal regulations relating to pipeline facilities and pipelines, all rules adopted by the Texas Department of Transportation or the Railroad Commission of Texas, and all federal regulations regarding the accommodation of utility facilities on a right -of -way, including regulations relating to the horizontal or vertical placement of the pipeline; and (2) the owner or operator of the pipeline ensures that the public right -of -way and any associated facility are promptly restored to their former condition of usefulness after the installation or maintenance of the pipeline. The bill also provides that the right described above, relating to the use of a municipal street or alley, is subject to the payment of franchise charges and fees in accordance with state law. Further, the bill provides that in 24 —252— determining the route of a pipeline within a municipality, a gas corporation shall consider using existing easements and public rights -of -way, including streets, roads, highways, and utility rights -of -way if the use is economically practicable, adequate space exists, and the use will not violate any pipeline safety regulations. Finally, the Texas Department of Transportation may require the owner or operator of a pipeline to relocate the pipeline at the owner or operator's expense in most cases. H.B. 2667 — Plumbing Fixtures: provides that: (1) certain plumbing fixtures, such as shower heads, faucets, toilets, and others must meet detailed water- saving performance measures; and (2) the governing body of a city or county by ordinance or order may allow the sale in the city or county of a urinal or toilet that does not comply with the bill's requirements if the governing body finds that to flush a public sewer system in a manner consistent with public health, a greater quantity of water is required because of' the configuration of the drainage systems of buildings located in the city or county or the public sewer system. S.B. 129 — Neighborhood Electric Vehicles: requires that, in order to be legal on a street, a neighborhood electric vehicle must: (1) be able to attain a maximum speed of 35 miles per hour; and (2) be driven at a maximum of 35 miles per hour, or the speed limit, whichever is less. S.B. 686 — Gas Pipelines: this bill applies to a natural gas pipeline located or proposed to be located in: (1) a county in which a part of the Barnett Shale natural gas field is known to be located; (2) a county that is located in the boundaries of a metropolitan planning organization; or (3) the corporate limits of a city. The bill provides, among other things, that a gas utility is entitled to lay, maintain, and operate a natural gas pipeline through, under, along, or across a controlled access state highway only if: (1) the pipeline is subject to the jurisdiction, control, and regulation of the Railroad Commission of Texas and subject to safety standard requirements pertaining to gas pipeline facilities and transmission lines for the transportation of gas; (2) the pipeline complies with all applicable state rules consistent with the bill and all applicable federal regulations on the accommodation of utility facilities on the highway or right -of -way, including rules and regulations relating to the horizontal and vertical location of the pipeline; and (3) the highway and associated facilities are promptly restored to their former condition of usefulness after the installation or maintenance of the pipeline, as applicable, is complete. The bill provides that TxDoT may require a gas utility to relocate a facility at the cost of the gas utility to accommodate construction or expansion of a highway or for any other public work unless the gas utility has a property interest in the land occupied by the facility to be relocated. The bill may not be construed to limit the authority of a gas utility to use a public right -of -way under any other law, and the bill may not be construed to affect the authority of a city to regulate the use of a public right -of -way by a gas utility under any other law or to require payment of any applicable franchise fee. 25 —253— S.B. 769 — Electric Utilities: this is a complex electric rate bill that enables a deregulated electric utility to obtain recovery of system restoration costs that are caused by certain natural disasters. The bill: (1) provides that system restoration costs may be recovered outside of a traditional rate case by the use of securitization financing to recover those costs; (2) defines "system restoration costs" as reasonable and necessary costs that are incurred by an electric utility due to any activity conducted in connection with the restoration of service and infrastructure associated with electric power outages affecting customers as the result of any weather - related event or natural disaster that occurred in calendar year 2008 or thereafter; (3) provides that system restoration costs include mobilization, staging, and construction, reconstruction, replacement, or repair of electric generation, transmission, distribution, or general plant facilities; (4) provides that, to the extent a utility receives insurance proceeds, governmental grants, or any other source of funding that compensate it for system restoration costs, those amounts shall be used to reduce the utility's system restoration costs recoverable from customers; and (5) provides for detailed implementing procedures, including Public Utility Commission oversight. (Note: Cities that have been affected by a natural disaster since 2008 and that are served by a deregulated electric utility should review the provisions of this bill carefully.) S.B. 926 — Red Light Cameras: prohibits a city from imposing a civil penalty on an emergency vehicle for running a red light that is monitored by a red light camera, but clarifies that a city may take disciplinary action against an employee that operates an emergency vehicle in violation of city policy. S.B. 1354 — Plumbing: provides, among other things, that a person is not required to be licensed to perform plumbing, other than plumbing performed in conjunction with new construction, repair, or remodeling, on a property that is located inside a city that is within a county that has fewer than 50,000 inhabitants and that: (1) has fewer than 5,000 inhabitants; and (2) by municipal ordinance has authorized a person who is not licensed to perform plumbing. The bill also provides that a city that requires a plumbing contractor to obtain a permit before the person performs plumbing shall by telephone, fax, or e-mail: (1) accept permit applications; (2) collect required fees; and (3) issue the required permits. Finally, the bill provides that: (1) if drawings of proposed plumbing work are required by a city, the city shall specify how drawings are to be submitted; (2) a person who is required to obtain a permit is not required to pay a plumbing registration fee or administrative fee to a city; and (3) a plumbing contractor must register, electronically or in person, with a city that requires registration before performing plumbing regulated by the city. S.B. 1410 — Residential Fire Sprinklers: makes various changes to the requirements to obtain a state plumbing license. Of interest to cities, the bill provides, among other things, that: (1) a plumbing inspector who meets the requirements of the State Board of Plumbing Examiners may inspect a multipurpose residential fire protection 26 —254— sprinkler installation; (2) the board may certify "multipurpose residential fire protection sprinkler specialists "; (3) notwithstanding any other provision of state law, after January 1, 2009, a city may not require the installation of a sprinkler system in a new or existing one- or two- family dwelling; (4) a city may allow a multipurpose residential fire protection sprinkler specialist or other contractor to offer, for a fee, the installation of a fire sprinkler protection system in a new one- or two- family dwelling; and (5) a multipurpose residential fire protection sprinkler specialist may install a sprinkler system in a new or existing one- or two - family dwelling in a city described by numbers 3 or 4 above. TML member cities may use the material herein for any purpose. No other person or entity may reproduce, duplicate, or distribute any part of this document without the written authorization of the Texas Municipal League 27 —255— -256- INDEX Topic Page Finance and Administration 3 Property Tax 3 Sales Tax 5 Purchasing 6 Elections 7 Open Govemment 9 Other Bills 10 Municipal Courts 11 Community and Economic Development 12 Personnel 14 Public Safety 17 Utilities, Transportation, and Environment 24 -256- July 6, 2009 Number 22 ADDENDUM LAWMAKERS WRAP UP SPECIAL SESSION IN TWO DAYS The Texas Legislature finished off a two -day special session on July 2 by continuing the existence of five state agencies, including the Texas Department of Transportation (TxDOT), and authorizing the issuance of $2 billion in highway bonds. Lawmakers never gave serious consideration to Governor Rick Perry's call to enact a continuation of the current authority to privatize toll roads. There is no indication that the governor will call legislators back to Austin to take up that issue again. Under S.B.2, which the govemor is expected to sign, TxDOT will face sunset review again in 2011. The bill also establishes a 2011 sunset date for the following additional agencies: the Texas State Affordable Housing Corporation, the Texas Department of Insurance, the Texas Commission on Environmental Quality, the Texas Water Development Board, the Railroad Commission of Texas, and the Texas Racing Commission. The following agencies were given a 2013 sunset date: the Texas Board of Criminal Justice, the Texas Department of Criminal Justice, and the Health and Human Services Commission. —257— Attachment 3 CITY OF CORPUS CHRISTI City of Corpus Christi State and Federal Legislative Program for 2009 Primary Contact: Rudy D. Garza Director, Intergovernmental Relations City of Corpus Christi 361 -826 -3082 or rudvda a cctexas.corn Approved by City Counc I25glovember 11, 2008 Introduction and 81st Legislative Session Outlook Prior to the commencement of each legislative session, the City of Corpus Christi staff, working with input from the City Council, key stakeholders from the community, the Texas Municipal League, National League of Cities and our legislative consultants in Austin and Washington, prepares a recommended legislative program for City Council consideration and approval. The legislative program, after consideration and approval by the City Council, is then transmitted to our local legislative delegation and forms the basis for the City's activities during the 140 days of the State legislative session as well as our ongoing efforts in Washington. In each legislative session, the number of bills that are introduced is massive. For example, in the last regular legislative session (2007), there were more than 6300 bills and resolutions introduced in the House and Senate, approximately 1,500 passed, with over 1,200 of the bills City - related, of which 120 passed. A large percentage of the efforts by cities throughout the State are continually directed at simply preventing legislation from passing which would negatively impact cities. Over the last few legislative sessions, the City of Corpus Christi, with the support of our local legislative and congressional delegations, has had very good success in not only stopping bad bills from passing, but also in the proactive passage of legislation important to our community. The upcoming 8151 Legislative session will undoubtedly consider many issues that are extremely complex, many of which could be potentially detrimental to cities. The session's outlook appears challenging at this time with a large number of city related issues under review by legislative committees. During the upcoming session we anticipate addressing proposals on a number of city programs ranging from revenue and taxation to utility and transportation to land use and development related issues. In addition, while major water legislation was filed and passed during the waning hours of the last legislative session, water related legislation will continue to be a focus of our efforts due to the fact that Corpus Christi has adequately planned, made preparation for, and paid for water resources sufficient to serve our citizens, which we must protect. As in the past, the City anticipates working very closely with our legislative delegation. We will also continue to work closely with the Texas Municipal League (TML) and the very active lobbying teams of the largest cities in Texas, of which Corpus Christi is a participating member. The following legislative program is broken down into sections each representing a major part of municipal govemment beginning with a general statement of operating procedures. A separate section of Federal legislative issues is included at the end of the program and is considered to be a part of our overall legislative efforts. At the federal level, we utilize the National League of Cities for information and joint advocacy when appropriate. The execution of this legislative program is coordinated by the Director of Intergovernmental Relations, under the general direction of the City Manager upon approval of the program by the City Council. The Mayor and City Council Members, as well as members of City staff including the City Manager, Police and Fire Chiefs, the City Attorney and her staff, and key department heads may be called upon to testify in Austin and in Washington, in support of this legislative program as necessary. —25q- I. GENERAL POLICY AND PROCEDURES a. The City will SUPPORT legislation and /or administrative actions that: 1. Protect and enhance City revenues. 2. Reduce costs to the City. 3. Support local control. 4. Protect policies previously established by City leadership through the Charter, ordinances, resolutions, and master plans. 5. Provide increased educational opportunities for the citizens of Corpus Christi and the Coastal Bend region. 6. Increase economic development opportunities for the Coastal Bend region. b. The City will OPPOSE legislation and /or administrative actions that: 1. Undermine the principle of home rule and local control by the City. 2. Result in the loss of revenue or negatively impact potential revenue growth to the City. 3. Diminish the authority of cities to regulate and manage their growth and development. 4. Nullify or undermine the City's policies contained in existing provisions of the Charter, ordinances, resolutions, and master plans, unless such changes expand the City's ability to manage its own affairs. 5. Impose unfunded mandates that require any expenditure by the City unless all costs, including administrative as well as direct costs, are fully reimbursed by the mandating govemmental entity. 6. In any way endangers, nullifies, or transfers any of the City's water rights. c. The City Council will determine the City's position on all legislative issues. d. The City's Boards, Commissions, and Advisory Groups may not represent in oral testimony or in writing a position on proposed legislation or administrative action unless that position is first approved by the City Council. e. Positions on legislative and /or administrative actions originating outside of the City Council, but within the City's govemmental framework, shall be submitted to the City Manager for review prior to consideration by the City Council. —2602— f. The legislative or administrative positions herein approved, and others separately approved by the City Council, shall be communicated to the legislative and congressional delegations, to the Texas Legislature and U.S. Congress, in general, and /or to the appropriate legislative committees, committee members, and administrative agencies or to others by the Mayor, the City Manager, the Director of Intergovernmental Relations, other City staff, legislative liaisons and others designated by the City Manager. Where possible and where there is a commonality of interest, the City will coordinate its legislative and administrative program with other political jurisdictions and other key community stakeholders in the region and provide assistance to those entities. g. h. The city will support the legislative programs of the Texas Municipal League and the Texas Municipal Retirement System, except to the extent a conflict exists with any policy or legislative position herein. I It is recognized that this policy will often be implemented in the context of great numbers of voluminous proposals being considered within short time periods. City representatives, under the direction of the City Manager, shall be authorized to act on behalf of the City consistent with the necessarily broad policy concems set forth in this policy. In this policy, items are classified under three levels of importance, Priority, Actively Support, and Endorse, as follows: 1. Priority means that the City will actively pursue and support (or oppose, as specified) the policy including, if necessary, seeking introduction and passage of legislation. This would include purely local Corpus Christi bills, as well as very important legislation of statewide application. 2. Actively Support means the City will aggressively attempt to obtain passage of a measure if it is introduced by some other entity (or actively oppose, as specified). 3. Endorse means that the City will make its (support or opposition) known, but will not actively pursue the issue. II. FINANCIAL INTEGRITY PRIORITY a. Franchise Fees. The City unalterably opposes any measure which would reduce the City's existing franchise fees, the growth of those franchise fees, or its ability to charge franchise fees, and any measure which, would prevent the City from requiring utilities to bear 100% of costs associated with relocations of utilities required by the City or which would impair City regulation of use of rights -of -way. Franchise fees are essential to continuation of basic services. A vote to reduce franchise fees would be a vote to increase local ad valorem taxes or reduce basic local services such as police, fire, roads, and parks, and would constitute a gift of public property for private purposes. —2631— b. Hotel Occupancy Tax. The City supports expanding eligible expenditures under the Hotel Occupancy Tax for Large Coastal Municipalities to include Packery Channel related projects. ACTIVELY SUPPORT b. Liability Law. The City supports legislation to reduce potential liability of municipalities and municipal employees for torts and other actions and opposes legislation which would increase such liability. c. Prompt Payment Statute. The City opposes legislation increasing the requirements of the prompt payment statute. d. Indemnity Provisions. The City opposes legislation limiting or prohibiting indemnity provisions in public works contracts. e. Mandated Fees. The City opposes legislation which would impose requirements of a city to raise municipal fees and remit those revenues back to the state, unless use of the monies would be dedicated for programs beneficial to the City. ENDORSE f. Municipal Court Costs. The City opposes additional State or County fees or court costs on municipal courts. g. Sale of Tax Liens. The City supports legislation to authorize cities to sell tax liens. III. ESSENTIAL INFRASTRUCTURE PRIORITY a. Water. 1. Protection of Water Rights. As its highest priority, the City supports legislation to be adequately compensated for and to protect the City's water supply and water rights, and to enable the City to expand its water supply and rights, and strongly opposes legislation which would diminish or challenge such water supply or water rights or the City's ability to expand such supply or rights. 2. Desal and other Water Development Projects. The City supports legislation to provide special set -aside funding for desalination programs and other technology innovation projects for water source development. 3. Aquifer Storage and Recharge. The City strongly supports the ability of cities to form, operate, and expand aquifer storage and recharge districts —262— under recently passed water conservation legislation. ACTIVELY SUPPORT b. Transportation. 1. Resources. The City strongly supports legislation assuring the equitable allocation of transportation resources from the State, particularly legislation which impacts continued development of the I - 69 corridor along U.S. 77 linking Corpus Christi to both Houston and the Lower Rio Grande Valley. 2. Funding for Construction and Maintenance. The City supports legislation that would increase the level and availability of state transportation funding for construction and maintenance and restoration of funding cuts in response to major budgetary shortfalls at TXDOT during the interim of the 80th legislature. 3. Sunset. TXDOT is up for Sunset review during the 81$' legislative session. The City will be monitoring proposals by the 81$` Legislature to restructure TXDOT and will support proposals that benefit the Corpus Christi District and oppose proposals to our detriment. In addition, the City supports increasing local input into the decision making process at TXDOT. c. City StreetslMaintenance. Maintenance of City streets throughout the State is chronically under funded. The City strongly supports legislation which would allow cities to have additional local revenue sources specifically earmarked for street maintenance in our city. IV. COMMUNITY PROTECTION AND DEVELOPMENT PRIORITY a. Development. The City strongly opposes legislation which would erode municipal authority to regulate development for the public safety, health and welfare, including, but not limited to, locations of manufactured housing, annexation, condemnation, platting, zoning, extraterritorial jurisdictions and building and housing codes. b. Regulation of Location of Manufactured Housing. The City opposes legislation that would erode the authority of cities to regulate the location of manufactured housing. c. Annexation Authority. The City opposes legislation that would erode current annexation authority. d. Alcoholic Beverage Regulation. The City supports legislation to protect and strengthen city authority to regulate alcoholic beverage sales and consumptions and to provide flexibility to cities to undertake and contract for alcoholic beverage sales in city -owned facilities. —26 %— ACTIVELY SUPPORT e. Affordable Housing. The City supports affordable housing initiatives that do not undermine the City's regulatory authority to protect the public health, safety, and welfare. f. Building Codes. The City supports maintaining and expanding municipal authority to select building codes and make local amendments as determined by local city councils, and opposes legislation eroding such authority such as by mandating adoption of particular codes. B. Nuisance. The City supports legislation to strengthen municipal enforcement authority with respect to nuisances. h. Condemnation Authority. The City opposes legislation that would erode condemnation authority. i. Dune Protection. The City supports city administered dune protection within a city's limits and ETJ. The City also supports expanding existing dune protection programs to meet the ecological and public safety needs of our specific area to address the narrowing of beaches along North Padre Island beaches. Redemption Periods. The City supports a further reduction in the redemption period for tax foreclosed properties in order that a more aggressive infill redevelopment program may be established. i• ENDORSE k. Group Homes. The City supports legislation to protect and strengthen city authority to regulate group homes. V. CHILDREN AND YOUTH ACTIVELY SUPPORT a. Juvenile Crime. The City supports legislation to reduce crime and delinquency among children and youth, to promote their development and well being, and continued funding of Community Youth Development programs. b. CHIP funding. The City supports expansion of the Children's Health Insurance Program to the greatest extent possible so that no child is left uninsured in the State of Texas. —264— VI. EDUCATION PRIORITY a. Higher Education. Texas A &M University — Corpus ChristL The City supports legislation to advance and obtain sufficient support for higher education in this area, especially legislation to enable Texas A &M University - Corpus Christi to continue to operate as a strong and viable four -year university, including special item funding for the establishment of a mechanical engineering degree program through legislation and /or administrative action. Del Mar College. The City supports legislation to insure adequate funding for the operation and programs of the Del Mar Junior College District, including Full Formula Funding and expansion of the District to adequately reflect its service area. b. Support of Local School Districts. In general, the City supports the legislative programs of local school districts leading to enhancement of educational opportunities for the citizens of Corpus Christi. c. Support for Job and Vocational Training. The City strongly supports the continuation and expansion of the Skills Development Fund. In addition, the City supports the efforts of vocational training in our public schools as well as programs at Del Mar. d. Dropout Prevention. The City strongly supports legislation for programs and funding to address our area's high dropout rate. ENDORSE e. Texas Public Libraries. The City supports legislation that would increase support of Texas public libraries through TexShare and the Library of Texas for improved access to electronic information. VII. PUBLIC SAFETY AND HEALTH PRIORITY a. Emergency Service District. The City supports legislation permitting 1/8¢ over the 2¢ local Sales Tax cap for Emergency Service Districts or enabling legislation to utilize capacity under the sales tax cap for this purpose when it becomes available. b. Vehicle Registration Fee. The City supports legislation to amend current law to allow for an increase in optional vehicle registration fees for programs such as child —269- safety and allow cities to impose the fee. c. Crime Control District. The city supports legislation or administrative action that clarifies that for crime control districts, services subject to the 118 cent sales tax assessments includes telecommunications and electric services. ACTIVELY SUPPORT d. Photographic Traffic Signal Enforcement: The City opposes legislation that would prohibit or hamper cities effectively employing photographic traffic signal enforcement. e. 911 Emergency Service Systems. The City opposes legislation that would hinder the City's operation of its 911 system, which would inequitably affect the Corpus Christi area on 911 funding, or which would limit its ability to charge an appropriate fee for 911 services. f. Court Appearance. The City strongly opposes any effort to allow a defendant to waive their personal appearance at a Municipal Court Trial other than those who also waive their right to a jury trial. Public Smoking Ban. The City supports statewide efforts to protect the public from second hand smoke by strengthening the law to prohibit smoking in indoor public areas and worksites. h. Graffiti Crimes. The City supports legislation that strengthens penalties for property damage associated with graffiti crimes, expansion of the graffiti definition to include all types of paints, and increased funding for graffiti removal programs. ADA Placards. The ratty supports legislation that creates a grace period for renewal of handicap parking placards and subsequent dismissal of traffic violations associated with an expired handicap placard offense. g. 1• ENDORSE Felony Forfeitures. The City opposes legislation which would detrimentally change the existing felony forfeiture statute. VIII. UTILITIES PRIORITY a. Compensation for Right -of -Way Use by Utilities. The City strongly supports the ability of a city on behalf of its citizens to be adequately compensated for the use of city lands and right -of -ways by utilities. b. Right -of -Way Control. The City opposes legislation that would erode the authority of cities to manage and control their rights -of -way and other public property. —266 -8 c. Video /Cable Regulation. The City opposed the ability of a video /cable operator to cancel existing franchise agreements and supports an adequate compensation for the use of city rights -of -way as well as local oversight of video /cable with regard to service quality and customer service. d. Solid Waste. The City opposes any legislation that would negatively affect the financial viability of municipally owned and operated solid waste collection and disposal facilities. e. WiFi. The city opposes any legislation that prohibits or obstructs the ability of a city to provide WiFi services for its citizens. IX. ENVIRONMENT PRIORITY a. Air Quality. The City supports continued allocation of financial resources for near non - attainment areas, which is essential for those communities striving to remain within recently reduced federal guidelines for air quality. Specifically, the city will protect funding for our Pollution Prevention Partnership by opposing efforts at the staff level of the TCEQ to dilute funding through Rider 8, by expanding programs to additional communities without adequate funding to support such an expansion. With adequate funding, the city could support such an expansion. Additionally, the city supports continued local input over air quality programs. b. National Estuary Program. The City of Corpus Christi actively supports State funding of the local National Estuary Program. It is an important priority that the program continue to be funded, possibly at an elevated level. c. Regional Water Planning. The City supports continued funding of regional water planning and expansion of innovative programs to enhance water source development and funding initiatives under the state water plan. d. Parks and Recreation Funding. The City strongly supports increased funding for the Texas Recreation and Parks Account Local Park Grant Program. ACTIVELY SUPPORT e. Beach Cleaning. The City supports full State funding of the beach cleaning program. f. Oil Spill Response Program. The City supports continued and expanded State support for the Oil Spill Response Program and the location of a major center in the Corpus Christi area. 9. Drainage /Stormwater. The City opposes further unfunded mandates with respect to drainage and stormwater, and supports increased State programs to assist local communities in solving such problems. —267 h. Solid Waste. The City supports legislation that would enhance its ability to maintain adequate funding for the operation of its present and future landfills or that would strengthen city authority over landfill operations, and the City opposes legislation that would undermine adequate funding of city landfills, impose regulations more stringent than federal law, or erode city authority over landfill operations. X. ECONOMIC DEVELOPMENT PRIORITY a. Military. The City supports continued funding and legislative support of the Texas Military Preparedness Commission, increased funding for BRAC related activities, and other efforts to preserve existing military bases in Texas and specifically those in the coastal bend region. b. Economic Development Areas. The City strongly supports legislative initiatives to provide stronger and more powerful economic development tools for local, State or federally created or designated economic development areas. c. Texas Enterprise Fund (TEF) and Texas Emerging Technologies Fund (ETF). The City supports a more regional and industry specific approach to the awarding of funds through the Governor's TEF and ETF programs, as established by the legislature, so that all communities in Texas, both large and small, benefit from these programs. d. Texas Enterprise Zones. The City strongly supports the creation of three additional enterprise zone slots per biennium above the current allocation of six slots as allowed by the Federal Govemment due to our community reinvestment zone designation. ACTIVELY SUPPORT e. Economic Development Authority. The City opposes legislation which would erode municipal economic development authority ENDORSE f. Workforce Development. The City supports local control over employment training programs, continuation of Smart Job training grants and the Skills Development Fund, and State funding for adult literacy programs. —268rp XI. EFFICIENT ADMINISTRATION PRIORITY a. Uniform Election Date. The City supports a clarification to the existing election code to ensure a valid election is held in Corpus Christi in accordance with guidelines established by the Secretary of State and Comptroller of the State of Texas with respect to both ballot measures and officer elections for the April election in odd numbered years. In addition, we support extending this clarification for all govemmental entities including Del Mar College and Corpus Christi area school districts in establishing a valid uniform election date for our community. b. Open Meetings Act. The City opposes making the Open Meetings Act more restrictive and supports a clarification to the Open Meetings Act to allow for Mayor and Council Member Updates that do not involve any action being taken by the Council in response to an opinion on the issue by the Texas Attomey General. ACTIVELY SUPPORT c. Sales Tax Exemption. The City opposes legislation that would enact a sales tax exemption that isn't a local option exemption. d. Property Tax Exemption. The City supports legislation that creates a property tax exemption for oil, gas and mineral interests that are owned by a municipality. e. Delinquent Sales Tax. The City opposes legislation that would abolish the authority of cities to sue for delinquent sales taxes or to join in an attomey general's suit. f. Notification of Delinquent Amounts of Sales Taxes. The City opposes legislation that would repeal the requirement that the comptroller notify cities of delinquent amounts of sales taxes. Rate Case and Complaint Dockets. The City supports legislation that would establish the right of cities to recover expenses related to utility rate cases and complaint dockets within a reasonable time and require utilities to recover rate case expenses out of stockholders' equity when a utility rate case is found to be unjustified. h. Water or Wastewater Permittees Fees. The City opposes legislation that would increase fees paid by water or wastewater permittees. Sales Taxes. The City supports allowing the pledge of local sales tax revenues for other priorities and financial obligations outside of economic development, as determined by the local governmental entity. g. j. Municipal Courts. The City supports a mechanism to be able to remove an appointed municipal court judge from the bench for justifiable disciplinary reasons. Currently, a Judge is only replaced as a result of death or by resignation. -269T FEDERAL LEGISLATION /ACTION A. CDBG /HOME Funding. The City has found Federal funding of the CDBG and HOME Program to be essential to the continued well being and revitalization of the City. Therefore, the City strongly supports continued and increased funding for the programs. B. Renewal Community Designation. As one of only 40 communities in America, and one of two communities in the State of Texas with such a designation, the City supports the reauthorization of the Renewal Community Program through HUD in 2009. C. Diversion to State. The City supports direct Federal funding of programs to cities and generally opposes funding to cities being routed through State government. In the event such programs continue to be diverted through the state, reporting periods for both governmental entities should be consistent. D. Homeland Security. Due to greatly increased costs of local security activities, the City supports continued and increased direct federal funding of homeland security to cities and expansion of programs to enhance a federal agency presence in the Coastal Bend area. E. Military. The city strongly supports legislation/funding /actions to maintain and expand our local areas' military facilities as one of the City's highest priorities, specifically funding for expansion plans at NAS Corpus Christi /CCAD and the redevelopment of Naval Station Ingleside. F. Coordination with Local Agencies. Whenever possible and particularly where there is a commonality of interest, the City will support local agencies and organizations such as the County, RTA, the Port, our educational institutions and others in their efforts to secure favorable legislation and /or funding for the betterment of our community at the federal level. G. Protection of Right of Way Fees and Authority. The City strongly supports its traditional authority to charge rental value to private companies for the use of valuable public rights of way, and to reasonably regulate the rights of way for the benefit of the public. The City strongly opposes any dilution of its traditional authority. H. Water Resources Development Act. The City supports additional funding for channel maintenance and development of recreational areas surrounding the Packery Channel in FY 2009. The City also supports funding programs to study erosion and nourishment programs for targeted beach areas of North Padre Island. I. Transportation. The City supports action by the federal govemment to restore and reauthorize sufficient funding for the Highway Trust Fund, increase programs and investment in rail infrastructure, and support of public transportation systems in our country. —27012 ATTACHMENT City of Corpus Christi Governmental Relations Consultant Biographies HiIICo Partners (State Legislative Consultants): Dan Pearson is a widely recognized environmental expert. The former Executive Director of the Texas Natural Resource Conservation Commission ( TNRCC), Pearson possesses vast expertise on a wide range of air, water, waste management and waste -water issues. Prior to heading up the TNRCC, Pearson served as Deputy Comptroller for eight years under former Texas Comptroller Bob Bullock. There, he was primarily responsible for developing the State's current tax system where he eamed a reputation as a straight - shooting expert in state fiscal matters. Since joining HiIICo, Pearson has been responsible for assisting a wide array of private sector clients as they navigate the bureaucratic administrative agencies and gaining them access to key lawmakers at the Capitol. Due to his reputation as an expert on environmental related issues, Pearson has been invited to participate in every major legislative debate dealing with air and water issues over the last decade. Snapper Carr joined HiIICo Partners' Local Govemment Practice in 2006. Prior to is current role, he was the Legislative Counsel and Associate for the Texas Municipal League (TML) from 1998 to 2006, representing municipal interests before state and federal legislative, administrative and judicial bodies. While at TML, Carr eamed a reputation as an expert in the fields of land usage, utilities, and open records laws. From 1994 to 1998, he was Chief Committee clerk for two Texas House committees; the Committee on State Affairs and the Committee on Land and Resource Management. He has also provided media and issue consulting services for numerous political and public relations campaigns in Texas. Carr is a graduate of The University of Texas at Austin, where he earned a Bachelor's degree in Communications and Government and a Doctor of Jurisprudence degree from the UT School of Law. Brandon Aghamalian is a public affairs consultant for HiIICo Partners with expertise in economic development issues, property taxes, insurance, and homeland security issues. His primary focus is representing the needs of local governments before the Texas Legislature. Before joining HiIICo Partners, Aghamalian was the Director of Govemmental Relations for the City of Fort Worth from 2002 to 2006. Aghamalian has also worked as the Chief of Staff for then Representative Kim Brimer (R -Fort Worth) where he assisted in the passage of HB 1200, the Texas Economic Development Act, which provides incentives for capital intensive industries to build or expand in Texas. He has also served as the Director for the House Committee on Business & Industry and was the Legislative Director for Rep. Todd Smith (R- Euless). Aghamalian is a graduate of Texas State University in San Marcos where he was an NCAA scholarship track athlete and student body vice - president while he eamed a Bachelor's degree in accounting. In 2000, he earned a Doctor of Jurisprudence from the UT School of Law and a Masters of Public Affairs from the LBJ School. -271i- Meyers & Associates (Federal Lestislative Consultants): Larry Meyers has over 34 years of experience since coming to Washington with then Senator Lloyd Bentsen (D -TX), former chairman of the Senate Finance Committee, and former Secretary of the U.S. Treasury. After four years with the senator, serving as legislative director, he received an appointment in the Carter Administration being named Director for Congressional Affairs - U.S. Department of Agriculture, responsible for both USDA and White House lobbying activities. He began independent consulting in 1981, and in 1989 was named by Beacham's Guide to Key Lobbyists as one of the top 125 lobbyists out of the several thousand in Washington. For the last twelve years, he has served as guest lecturer at the National Defense University on the topic of "lobbyists and lobbying." Larry also serves on the Board of Directors of Washington First Bank in Washington, D.C. The Corpus Christi community has retained Meyers & Associates since 1993 and past involvement of the firm with the efforts of the City of Corpus Christi includes: the 1993 and 1995 BRAG processes; protection of the Naval Air Station; Choke Canyon Dam debt delay (credited by city financial staff at a $20 million savings); the Mary Rhodes Pipeline; federal funds for the acquisition of the site for the American Bank Center and Bayfront Plaza expansion; and the North Padre Island Project (Packery Channel) authorization and funding. In each case, the firm's work with the members of the Texas congressional delegation representing Corpus Christi were critical to each project's success. The firm also represents Corpus Christi A &M for the purpose of facilitating federal research dollars to come to the university. —27$i The TML Legislative Program for 2009 Introduction Attachment 4 City officials across the state are well aware of the fact that many significant decisions affecting Texas cities are made by the Texas Legislature, not by municipal officials. During the 2007 legislative session, more than 6,300 bills or significant resolutions were introduced; at Least 1,200 of them would have affected Texas cities in some substantial way. In the end, more than 1,500 bills or resolutions passed and were signed into law; approximately 120 of them impacted cities in some way. There is no reason to believe that the workload of the 2009 session will be any lighter; it may be greater. And for better or worse, city officials will have to live with all the laws that may be approved by the legislature. Thus, the League must make every effort to ensure that detrimental bills are defeated and beneficial bills are passed. The TML approach to the 2009 session is guided by principles that spring from a deeply rooted TML legislative philosophy: • The League will vigorously oppose any legislation that would erode the authority of Texas cities to govem their own local affairs. • Cities represent the level of government closest to the people. They bear primary responsibility for provision of capital infrastructure and for ensuring our citizens' health and safety. Thus, cities must be assured of a predictable and sufficient level of revenue and must resist efforts to diminish their revenue. • The League will oppose the imposition of any state mandates that do not provide for a commensurate level of compensation. In setting the TML program for 2009, the Board recognized that there is a practical limit to what the League can accomplish during the legislative session. Because the League (like all associations) has finite resources and because vast amounts of those resources are necessarily expended in defeating bad legislation, the Board recognized that the League must very carefully select the bills for which it will attempt to find sponsors and seek passage. The Board considered nearly 200 initiatives that had been recommended by TML policy committees or by the membership -at- large. Each initiative was subjected to several tests: • Does the initiative have wide applicability to a broad range of cities of various sizes (both large and small) and in various parts of the state? • Does the initiative address a central municipal value, or is it only indirectly related to municipal government? Page 1 of 16 —273— • Is this initiative, when compared to others, important enough to be part of TML's list of priorities? • Will the initiative be vigorously opposed by strong interest groups and, if so, will member cities commit to contributing the time and effort necessary to overcome that opposition? • Is this initiative one that city officials, more than any other group, should and do care about? The Board placed each legislative issue into one of five categories of effort. Those five categories are: • Seek Introduction and Passage — the League will attempt to find a sponsor, will provide testimony, and will otherwise actively pursue passage. Bills in this category are known as "TML bills." • Support — the League will actively attempt to obtain passage of the initiative if it is introduced by some other entity. The League will provide and/or arrange for testimony. • Endorse — the League will make its support known but will not actively pursue passage. • Oppose — the League will actively and vigorously attempt to defeat the initiative because it is detrimental to member cities. • No Position — the League will take no action. Our Highest Priority: Oppose Bad Bills The Board determined that TML's highest priority goal for 2009 will be the defeat of legislation deemed detrimental to cities. As a practical matter, adoption of this position means that the beneficial bills will be sacrificed, as necessary, in order to kill detrimental bills. TML Priority Package The Board determined that the TML Priority Package will include the following items in priority order: 1. Defeat any legislation that would erode municipal authority in any way or that would otherwise be detrimental to cities, especially legislation that would: a. enact a mandated reduction in the appraisal growth cap established in current law. Page 2 of 16 —274— b. Impose a revenue cap of any type. c. create an unfunded mandate. d. require cities to act as collection agents for state revenue. e. erode municipal authority over rights -of -way or erode municipal authority to collect compensation for the use of rights -of -way. f. limit or prohibit the authority of city officials to use municipal funds to communicate with legislators. limit or prohibit the authority of the Texas Municipal League to use any revenue, however derived, to communicate with legislators. h. erode the authority of cities to condemn property for a public purpose. i. restrict cities' ability to adopt or amend zoning regulations. j. establish a standard or process for determining economic compensation resulting from a regulatory action. k. substantively change or expand the scope of the current disease presumption law or the current meet - and - confer law. I. erode municipal sovereign immunity. 2. Passage of any legislation that would: g. loss and related a. exempt as many cities as possible from any federal collective bargaining legislation that may become law in the future. b. extend the authority of property- taxing entities to engage in property tax abatements. c. enact seven beneficial changes to Section 255.003 of the Texas Election Code (the statute prohibiting the use of public funds for political advertising). d. convert the sales tax reallocation process from a ministerial process into a more formalized administrative process that would, at a minimum, require prior notice to all affected parties and impose a time limit of three years on the right of a claimant to request a refund. e. clarify that only value lost to a senior /disabled tax freeze should be excluded from effective property tax rate calculations. Page 3 of 16 —275— f. amend the Government Code regarding notification and advertisement to allow small cities the option to make use of current technologies to efficiently notify and advertise. g. amend the Utilities Code to permit cities to annually adjust the franchise charge amount collected pursuant to Section 33.008(6) of the Utilities Code (relating to electric franchise fees) by an amount equal to one -half of the annual change, if any, in the consumer price index. h. permit a local -option municipal court fee on convictions in municipal court to be used to offset fuel costs. SUPPORT The Board voted to support legislation that would: 1. allow a council -option city homestead exemption of up to 30 percent. 2. create a new council -option city sales tax for property tax relief that may exceed the two - percent local cap. 3. exempt from the two- percent cap on local sales tax any Local sales tax committed to transportation projects, provided such tax permits each affected city to approve the enactment of the tax within its jurisdiction. 4. significantly increase the three -sale requirement under current law for determining whether a warehouse constitutes a place of business for sales tax sourcing. 5. apply hotel occupancy taxes to RV parks, except for stays of longer than 30 days. 6. increase future local parks funding. 7. adopt the parks study called for by H.B. 12 (2007), thus binding future legislatures to full local parks funding. 8. require the General Land Office (GLO) to do the following: (a) inform any affected city of the GLO's intent to purchase or develop land within the city or its ETJ; (b) seek permission from affected cities for any proposed project to develop land owned by the GLO; and (c) adhere to the affected cities' development regulations when developing land owned by the GLO. 9. simplify the effective tax rate calculation for notice purposes only, provided the legislation would have no effect on the underlying effective tax rate and rollback tax rate calculations themselves, nor upon the hold harmless exemptions to those rates. Page 4of16 —276— 10. amend Section 11.1825 of the Tax Code by adding that community housing development organizations (CHDOs) must receive an exemption from taxation from any affected municipality prior to receiving a tax exempt status from the local property appraisal district. 11. allow a city to enforce its codes and ordinances in its ETJ. 12. make beneficial changes to Chapter 245 of the Local Government Code (relating to permit vesting), including but not limited to improved definitions of "project ", "permit", "progress toward completion ", and "imminent threat ". 13. provide a reliable procedure by which a city can verify that a certificated telecommunications provider (CTP) is accurately performing access line counts and ensure that a CTP is making payments in accordance with those counts. 14. discontinue the diversion of transportation revenues to non - transportation purposes and appropriate all revenues from highway user fees and taxes to fund transportation. 15. impose the sales tax on bottled water in order to fund the state water plan. 16. increase the public accountability of water supply corporations (WSCs) by: (1) requiring WSCs to perform and publicly file an annual audit; (2) requiring open governance of WSCs; and (3) subjecting WSCs to jurisdiction over water rates and service. 17. exempt cities and counties from the state requirement to pay TxDOT's project administrative costs when cities and counties are providing the funding for state highway projects included in TxDOT's Unified Transportation Program. 18. expand the provisions of TxDOT's Pass Through Toll Program that allow a county to design and construct a highway improvement on the state's highway system to apply to both cities and counties when the city or county is providing the funding for any project included in TxDOT's Unified Transportation Program, provided that the reimbursement provisions of the Pass Through Toll Program would not apply to this expansion of the program. 19. permit a fire department to charge a fee for hazardous material cleanup or services. 20. clarify the authority of general law cities to enact sex offender residency restrictions. 21. clarify the authority of a city to regulate "after hours" or "bring your own bottle" clubs. 22. enable the use of electronic notice to the public of bid or proposal opportunities. Page 5 of 16 —277— 23. increase from $25,000 to $50,000 the dollar amount at which a city council may delegate contract change order approval to an administrative official. 24. clarify that municipal court fines may be "stacked ". (That is, multiple criminal actions may be joined together for a single trial, and a penalty may be imposed for each offense.) 25. provide flexibility in hiring entry-level firefighters and police officers in a city covered by Chapter 143 of the Local Government Code (police/fire civil service). 26. allow the hiring of firefighters or police officers on a part-time basis after retirement in a city covered by Chapter 143 of the Local Government Code (police/fire civil service). 27. allow a fire chief or police chief to increase the number of appointments immediately below the department head level in a city covered by Chapter 143 of the Local Government Code (police /fire civil service). 28. enact legislation initiated by the Texas Municipal Retirement System (TMRS) to make the TMRS system more financially stable. 29. clarify that the exceptions to the Open Meetings Act are true exceptions and not merely affirmative defenses. 30. provide potential funding options for the highway infrastructure and transit in Texas such as an incremental transit sales tax less than 1/2 cent, a one - percent gasoline sales tax, a 1.75- percent motor vehicle sales tax, additional vehicle registration fees, a Local option gas tax, a vehicle motor tax, a new resident impact fee, or a transportation property tax as legislative initiatives for the 81st legislative session. 31. Enact, at the national level, the Community Building Code Administration Grant Act of 2007 or similar legislation if filed in Congress in 2009. 32. amend the Tax Increment Financing District Code to allow multiple cities to participate in joint tax increment financing districts. 33. confer additional regulatory authority upon municipalities over midstream gas utilities in order to safeguard the interests of the public and the long -term economic viability of private property. 34. allow for greater flexibility by cities to fund local transportation projects; amend or otherwise modify the Tax Code to help cities fund transportation projects; and provide municipalities additional funding options and resources to address transportation needs that the state and federal governments are unable to address. Page 6 of 16 —278— 35. permit local regulations to prohibit the ownership, possession, harboring, maintenance, transportation, or sales of specific breeds of dogs within a local municipality and/or support the repeal of legislation which prohibits breed - specific regulations by home rule municipalities and local municipalities. 36. require 100 percent reimbursement of costs incurred by cities for services provided during emergency evacuation and shelter operations resulting from an emergency evacuation ordered by the governor or the governor's Division of Emergency Management. 37. provide municipalities with land use authority within extraterritorial jurisdictions. ENDORSE The Board voted to endorse legislation that would: 1. require mandatory disclosure of real estate sales prices. 2. modify the Super Freeport property tax exemption statute to match the related constitutional amendment. 3. remove the four -year sunset for future street maintenance sales tax elections. 4. provide that hotel taxes are due on the final cost of the hotel room to the guest. 5. permit, but not require, pooled collateral for public deposits, provided the legislation contains the following features: (1) a requirement that banks provide 102 - percent collateralization; (2) accurate reporting and tracking of collateral amounts; and (3) a requirement that pledged securities be held by the comptroller or other third party designated by the comptroller. 6. create and fund, with state - generated revenue, programs that would increase the availability of affordable housing in Texas, and that would grant a city council the express authority to enact affordable housing set - asides. 7. expand the authority of counties to abate nuisances in unincorporated areas, so long as municipal authority is not eroded. 8. grant additional authority to general law cities to abate nuisances associated with unoccupied buildings. 9. require the TCEQ to consider minimum standards for fire protection for new or amended CCN applications. Page 7 of 16 —279— 10. resolve the dispute between the Texas Department of Transportation and investor - owned utilities relative to the national code under which street lighting must be installed. 11. require electronic reporting of pawn shop data to local law enforcement agencies. 12. exempt from motor fuels taxes the fuel used by cities. 13. reduce appeals to third -party hearing examiners of suspensions of less than three days by firefighters or police officers in a city covered by Chapter 143 of the Local Government Code (police/fire civil service). 14. provide reasonable time limits for firefighters or police officers to retum to work after temporary disabilities or disability retirements in a city covered by Chapter 143 of the Local Government Code (police /fire civil service). 15. allow negotiated retirements arising out of or related to resolution of a lawsuit against a firefighter or police officer in a city covered by Chapter 143 of the Local Government Code (police/fire civil service). 16. define a "day" as eight hours in duration for purposes of Chapter 143 (police /fire civil service) relating to sick leave and vacation leave. 17. allow a ranking officer other than the department head to deliver a letter of suspension in cities covered by Chapter 143 of the Local Government Code (police/fire civil service). 18. reduce the administrative burdens of Chapter 143 (police /fire civil service). 19. remove the attorney fee award provisions from the Open Meetings Act. 20. allow animal shelters, on a Local -option basis, to legally possess the drugs Ketamine and Telazol for lawful sedation of animals prior to euthanasia. 21. change the law relating to court interpreters to create a separate category for municipal court interpreters that will facilitate provision of qualified interpreters for municipal court defendants. 22. limit the liability of a Texas city for vehicle accidents that occur in another state. 23. Provide additional funding assistance for homeless initiatives. 24. address illegal dumping by mandating that business owners charge an advance disposal fee at the time of the initial purchase of each tire sold in the state, with the proceeds of the fee being used for scrap tire cleanup. Page 8 of 16 —280— 25. allow a city to bypass the attorney general opinion process when seeking to withhold airport security information that is regulated by the federal Aviation and Transportation Security Act. 26. expand the availability of affordable housing in Texas without loosening current restraints available to cities to regulate affordable housing. 27. amend the Code of Criminal Procedure to authorize sobriety checkpoints and adopt guidelines governing the proper conduct of the checkpoints. 28. amend the Transportation Code to remove the requirement of a signature on electronically issued citations if the violator produces a driver's license to the officer at the scene, and the driver's license is scanned into the ticket - generating device at the time the citation is created. 29. increase penalties for fast -time graffiti offenders, including but not limited to enhancing criminal penalties for graffiti on municipal property. 30. make the sale of Salvia divinorum to someone younger than 18 years old, or someone who intends to deliver Salvia divinorum to someone younger than 18 years old, a Class C misdemeanor. 31. protect military installations that have undertaken a Joint land Use Study by broadening authority for land use controls and comprehensive, multi jurisdictional planning solutions. 32. amend Article 45.051(0(2) and Article 45..0511 of the Texas Code of Criminal Procedure to provide that such provisions apply to current or former holders of commercial driver's licenses only if they commit the violation while driving a vehicle that requires the possession of a commercial driver's license. 33. amend Article 102.01111(a)(1) of the Texas Code of Criminal Procedure to provide that a defendant convicted of a felony or a misdemeanor shall pay a fee of $15.00 rather than the current fee of $5.00 for the services of a peace officer in issuing a written notice to appear in court following violation of a traffic law, municipal ordinance, or penal law of the state, or making an arrest without a warrant. 34. provide consistency and uniformity in the compliance deadlines and fees for compliance dismissals of class 'c' misdemeanors. 35. amend Article 27.14(b) of the Code of Criminal Procedure by eliminating the need to send a certified letter if a plea is received through the mail with no payment and to use regular mail in its place. Page 9 of 16 —281— 36. amend Article 43.05(b) and 45.045(a) of the Code of Criminal Procedure to allow a defendant arrested on capias pro fine to be brought immediately or the next day before the court or a magistrate at the jail. 37. make the impoundment of a vehicle optional upon a defendant's conviction of a second "no vehicle liability" charge and that impoundment may be ordered by justice courts of the sheriff and by municipal courts of the chief law enforcement officer of the municipality. 38. allow judges to suspend adult driver's licenses for failure to appear or for non- compliance with judicial orders on class 'c' misdemeanor cases filed in municipal and justice of the peace courts. 39. amend Article 103.0031(i) of the Code of Criminal Procedure to allow courts with a contract with a collections vendor to refer cases that were filed prior to June 18, 2003, and to add the prescribed collection fee in order to increase compliance with judicial orders and enhance safe communities. 40. authorize the Texas Department of Housing and Community Affairs to modify the Housing Tax Credit Program Qualified Allocation Plan and rules with amendments to authorize preferences in scoring for mixed- income properties. OPPOSE The Board voted to oppose legislation that would: 1. impose new property tax exemptions that substantially erode the tax base. 2. mandate a reduction in the current ten- percent cap on annual appraisal growth. 3. impose a revenue cap of any type, including a reduced rollback rate, mandatory tax rate ratification elections, lowered rollback petition requirements, or exclusion of the new property adjustment in effective rate and rollback rate calculations. 4. impose a property tax freeze that can be implemented by any mechanism other than council action. 5. remove the authority of a city to collect its own property taxes. 6. automatically defer property taxes for seniors. 7. expand to other groups the availability of property tax deferrals. 8. permit another entity to impose a property tax on city-owned property. Page l0 of 16 —282— 9. extend the "Prop 2" pollution control property tax exemption to processes, facilities, or end products. 10. substantially modify the current procedures of appraisal arbitration in a way that would substantially harm taxing entities or appraisers. 11. erode the concept that appraisals must reflect the true market value of property. 12. impose new mandatory homestead exemptions or exemption increases. 13. enact any sales tax exemption that would substantially erode the sales tax base. 14. lengthen or broaden the scope of the current sales tax holiday. 15. require that the adoption of a new sales tax for property tax relief shall result in a lower property tax rollback rate for the adopting city. 16. allow other local governments or districts not under the control of the city to reduce existing city sales taxes through the enactment of new sales taxes. 17. impose destination -based sales tax sourcing. 18. limit the use of city economic development incentives based on ancillary social or economic goals. 19. expand election requirements for issuance of any city debt. 20. require a city to give special preference to local depository banks or to public funds investments that would benefit the local economy. 21. cut state appropriations for future local parks grant funding. 22. create earmarks of local parks grant funds. 23. require mailed notice of tax rates. 24. prevent a city from applying hotel occupancy taxes on the final cost of the hotel room to the guest, or prohibit a city from suing any entity necessary to collect such hotel occupancy taxes. 25. further erode a city's ability to condemn property for a public purpose, specifically legislation that would: (a) enact a constitutional amendment restricting the use of eminent domain; (b) place eminent domain restrictions on cities that are more burdensome than those placed on the state; (c) provide for retroactive application of any eminent domain provisions; (d) erode municipal authority to engage in urban renewal efforts; (e) provide an excessive amount of damages to a property owner Page 11 of 16 —283— whose property is acquired through eminent domain; (f) amend current law relating to subsequent repurchase of land acquired through eminent domain; or (g) amend the definition of "public use" to include any restriction on traditional public projects that may include some incidental private component or that would otherwise require exclusive possession, use, or occupation by the public. 26. erode current municipal authority to regulate manufactured or industrialized housing. 27. erode municipal annexation authority. 28. erode municipal authority in the ETJ. 29. allow voters in the ETJ to vote on whether any proposed ordinance or ordinance amendment shall apply in the ETJ. 30. erode municipal authority to regulate or abate a nuisance in the ETJ. 31. be detrimental to municipal zoning authority. 32. restrict a city's ability to adopt or amend zoning regulations, or vest or otherwise create a property right in a zoning classification. 33. establish a standard or process for determining economic loss and related compensation resulting from a regulatory action. 34. further erode a city's ability to regulate religious or charitable organizations. 35. enact adverse amendments to the permit vesting statute (Chapter 245 of the Local Government Code). 36. allow special districts to form in the ETJ without a city's permission, or that would impose additional requirements on cities relating to special districts. 37. reduce municipal authority to require exactions related to and required by new development, or that would erode the authority of cities to adopt and enforce minimum development standards. 38. erode a city's ability to make amendments to model building codes. 39. impose additional time restrictions on the issuance of building permits or erode municipal authority regarding building permits in any way. 40. further restrict a city's ability to impose building fees. 41. impose on cities any additional requirements regarding enforcement or application of the Texas Residential Construction Commission Act. Page 12 of 16 —284— 42. exempt any entity from paying municipal impact fees. 43. impose mandatory water conservation measures on cities. 44. impose state "tap fees" or any other type of state charge on municipal water systems. 45. impose on cities any additional mandates relating to irrigation/sprinklers. 46. erode municipal authority to require utility companies to pay the costs of relocating their facilities in a timely manner as required by current law. 47. erode the authority of a city to be adequately compensated for the use of its rights -of- way. 48. erode the provisions of Senate Bill 5 (Seventy-Ninth Legislature, Second Called Session), which relates to cable competition, including any legislation that would apply Generally Accepted Accounting Principles to the bill. 49. limit a city's authority to enter into a solid waste franchise. 50. exempt any entity from paying municipal drainage fees. 51. limit municipal authority over billing practices of a city or city-owned utility. 52. enact harmful amendments to the Gas Reliability Infrastructure Program. 53. erode municipal authority over billboards or place any unfunded mandate on cities relating to billboards. 54. erode municipal authority in any way, impose an unfunded mandate, or otherwise be detrimental to cities. 55. repeal or limit red light camera authority generally. (Further, the Committee recommends that TML defer to the Texas Red Light Coalition on more detailed matters relating to revisions to red Light camera policy.) 56. negatively affect the ability of cities to investigate pawn shops and stolen property, including legislation that would require mandatory holds. 57. enact any of the following mandates with respect to volunteer firefighters and volunteer fire departments: (1) require a department to pay a state registration fee; (2) prohibit or restrict firefighting based on registration status; or (3) subject volunteer fire departments or firefighters to increased state regulation. 58. restrict the use of tasers by municipal peace officers. Pau 13 of 16 -285— 59. erode existing municipal authority relating to sex offender residency restrictions, or create a state standard that preempts current or future municipal sex offender residency restrictions. 60. impose unfunded state mandates (reporting, notification, and so on) regarding sex offenders. 61. prohibit any non - firefighting - certified city officer or employee from supervising fire department personnel. 62. expand the current emergency management training requirement to include additional city officials or additional required training for those officials already affected. 63. prohibit peace officers from making arrests for any offence. 64. erode the authority of cities to tow vehicles for no insurance or no driver's license, or exempt motorists from having to pay any vehicle impoundment fee. 65. mandate jail standards for city jails. 66. require certification of city detention officers. 67. eliminate any of the current uniform election dates. 68. impose additional mandates on cities with regard to electronic voting machines. 69. impose additional state fees or costs on municipal court convictions or require municipal courts to collect fine revenue for the state. 70. require municipal courts to share municipal fine revenue with the state. 71. expand the municipal court collection assistance program to either: (1) include more than the 24 cities that are currently affected; or (2) require more of the cities currently affected. 72. permit the waiver of appearance at a municipal court trial. 73. give state fees and costs precedence over city fees and costs in municipal court. 74. substantively change or expand the scope of the current disease presumption law. 75. expand the current meet - and - confer law. 76. impose expanded collective bargaining rights. Page of 16 77. limit management rights in employment matters. 78. limit a city's ability to appeal the decisions of third -party hearing examiners in a city covered by Chapter 143 of the Local Government Code (police /fire civil service). 79. impose healthcare or prescription drug mandates or enhancements. 80. mandate employment benefit enhancements. 81. enact detrimental changes to workers' compensation laws. 82. mandate ethics training for city officials. 83. mandate city-paid leave for city employees for specific purposes. 84. specify what and how cities may regulate with regard to cell phones. 85. repeal existing municipal ordinances relating to cell phone bans or create a state standard that preempts current or future municipal cell phone bans. 86. erode city sovereign immunity. 87. subject cities to statutes of limitations. 88. prevent or make it more difficult for cities to participate in lawsuits as plaintiffs. 89. restrict or limit indemnification clauses in construction contracts. 90. expand the waiver of local government sovereign immunity for contract claims. 91. limit or prohibit the authority of city officials to use municipal funds to communicate with legislators. 92. limit or prohibit the authority of the Texas Municipal League to use any revenue, however derived, to communicate with legislators. 93. require the reporting of lobbying activities beyond the requirements in current law. 94. enact adverse amendments to current conflict of interest laws. 95. impose a statewide smoking ban that would preempt existing or future municipal smoking bans. 96. prohibit a ban on handgun storage in locked vehicles while on an employer's property if the prohibition applies to city-owned vehicles. Page 15 of 16 —287— 97. ban or limit the ability of cities to engage in proprietary functions. 98. impose unfunded mandates on cities or city officials related to immigration. TAKE NO POSITION The Board voted to take no position on legislation that would: 1. create a small property tax exemption that serves some social good. 2. authorize a council -option reduction in the current ten- percent cap on annual appraisal growth. 3. modify the Super Freeport property tax exemption. 4. expand the availability of appraisal arbitration to additional property owners. 5. either broaden or limit the authority of 4A or 4B sales tax corporations. 6. grant counties additional land use authority, so long as municipal authority in the ETJ remains superior to that of the county. 7. relate to environmental flows. 8. authorize, but not require, law enforcement holds on pawn shop goods. 9. require a city to grant leave from work for municipal employees provided the leave meets each of the following criteria: (1) it is unpaid; (2) it must be used to address serious family or health issues; and (3) it is of a reasonably short duration. OTHER The Board voted that the League's position on legislation that would change the composition of central appraisal district boards, including legislation requiring the popular election of appraisal district boards of directors, will be determined by the TML Board based on the specifics of the legislation and the entire legislative context in which it is considered. Page 16 of 16 —288— 22 Memorandum To: Mayor Joe Adame From: Jim Cramer, Chair, Ethics Commission Date: July 8, 2009 Subject: Recommendation of Ethics Commission The Ethics Commission has reviewed and considered ethics ordinances from many cities and has concluded that this proposed ordinance is as strict, and in many cases, much more restrictive than most city ordinances and state law. It is the belief of the Ethics Commission that members of City Council are citizens of the City and should be entitled to be treated as such and have the right, and not be penalized from doing business with the City. It is also our belief that when a matter comes before the City Council, that every effort be taken to avoid a real, or potential conflict of interest in the matter. With this in mind, the Ethics Commission has reviewed the existing ordinance and has made recommendations which we believe will best serve the interest of the public and the City. Legal city memo. Ethics Commission.final —291— 1 AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 2, ARTICLE V, CODE OF ETHICS, REGARDING CONFLICTS OF INTEREST, GIFTS, FINANCIAL DISCLOSURE REPORTS, ETHICS COMMISSION DUTIES, AND DISCLOSURE OF INTERESTS; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 1 Rules of Conduct, Section 2 -310 Preamble, is amended to add two additional paragraphs to read as follows: "Sec. 2-310. Preamble. The purpose of this Code of Ethics is to promote public trust by establishing rules of conduct for city council members, board members, and employees; by providing a fair process for receiving and adjudicating complaints; and by requiring periodic financial disclosure. The rules of conduct form the basis for possible sanctions, and are therefore intended to clearly define proper conduct so that those who must comply may understand the rules and carry out their responsibilities consistently with the rules. It is recognized that situations with ethical implications will arise outside the prohibitions of the rules; in such situations, council members, board members, and employees are encouraged to keep in mind the ideal of the public trust and to conduct themselves in a manner to avoid the appearance of impropriety even where not compelled by the rules. (Ord. No. 23772, § 1, 9 -21 -1999) "If a Council Member believes that he /she should abstain from voting on an item to avoid the appearance of impropriety, as encouraged by this Code of Ethics Ordinance, or who in discussing or voting on an issue is unable to take an unbiased position, that Council Member shall be disqualified from discussions about and subsequent voting for that item under this City Ordinance. "The City recognizes that City Council Members are also members of the society and, therefore, cannot and should not be without any personal and economic interest in the decisions and policies of government; that city council members retain their rights as citizens to interest personal or economic nature and their rights to publicly express their views on matters of qeneral public interest. It is not the intent of this Ordinance to diminish the rights of City Council Members as citizens of the community." SECTION 2. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 1 Rules of Conduct Section 2 -311 Standards, is amended by deleting paragraph (25), adding paragraph (5) (a), and revising paragraphs 7, 15, 21 to read as follows: C: \DOCUME- 1 \marykfLOCALS -1 \Temp \Ethics OYdf t ce - July 15, 2009 - Emergency One Reading)_I.DOC 2 "Sec. 2-311. Standards. "The following rules of conduct apply to all council members, board members, and employees: "Special privileges. "(1) You shall not use your office for private advancement or gain or to secure special privileges or exemptions for yourself or others. "(2) You shall not grant any special consideration, treatment or advantage to any person or group beyond that which is available to others generally. "(3) (a) You shall not use city facilities, personnel, equipment or supplies for purposes unrelated to the interests of the city, except to the extent such are lawfully available to the public. Notwithstanding the foregoing sentence, Corpus Christi police officers, airport public safety officers and municipal court marshals may wear their city - issued uniforms, badges, and other uniform attire, may use their city- issued radios, and may carry their city- issued weapons, on approved off -duty law enforcement employment; and Corpus Christi fire fighters may wear their city- issued uniforms, badges, and other uniform attire, and use their city- issued radios on approved off-duty fire watch employment. "(b) You may not spend or authorize the spending of public funds for political advertising. This prohibition does not apply to a communication that factually describes the purposes of a measure if the communication does not advocate passage or defeat of the measure. This paragraph shall be construed consistently with Texas Election Code Section 255.003. "(4) Unless you are a council member, you shall not use the prestige of your position with the city on behalf of any political party or cause. "Gifts: "(5) You shall not accept or solicit any money, property, service or other thing of value by way of gift, favor, loan or otherwise that might reasonably tend to influence you in the discharge of your official duties or which you know or should have known was offered with the intent to influence or reward your official conduct. "(5) (a) Special Applications. Subsection 2 -311 (5) does not include: (1) a gift to a city official or employee relating to a special occasion, such as a wedding, anniversary, graduation, birth, illness, death, or holiday, provided that the value of the gift is fairly commensurate with the occasion and the relationship between the donor and recipient; (2) advancement for or reimbursement of reasonable expenses for travel in connection with official duties provided by third parties must be disclosed in the travel C: \DOCUME- 1\marykf\LOCALS -1 \Temp \Ethics O k- July 15, 2009 - Emergency One Reading)_1.DOC 3 report; payment for or reimbursement of expenses for travel in excess of authorized rates under city policy will be treated as a personal gift to the official or employee for any applicable reporting requirement; (3) a public award or reward for meritorious service or professional achievement, provided that the award or reward is reasonable in light of the occasion and it is not prohibited under Texas Penal Code Section 36.08 (Gift to Public Servant by Person Subject to His Jurisdiction); (4) a loan from a lending institution made in its regular course of business on the same terms generally available to the public; (5) a scholarship or fellowship awarded on the same terms and based on the same criteria that are applied to other applicants; (6) any solicitation for civic or charitable causes; (7) admission to an event in which the city official or employee is participating in connection with his or her spouse's position; (8) ceremonial and protocol gifts presented to City officials from a foreign government or international or multinational organization and accepted for the City of Corpus Christi; (9) admission to a widely attended event, such as a convention, conference, symposium, forum, panel discussion, dinner, viewing, reception or similar event, offered by the sponsor of the event and unsolicited by the City official or employee, if attending or participating in an official capacity, including: (A) the official or employee participates in the event as a speaker or panel participant by presenting information related to matters before the City; or (B) the official or employee performs a ceremonial function appropriate to that individual's position with the City; or (C) attendance at the event is appropriate to the performance of the official duties or representative function of the official or employee; (10) admission to a charity event provided by the sponsor of the event, where the offer is unsolicited by the City official or employee; (11) admission to training or education program or other program including meals and refreshments furnished to all attendees, if such training is related to the official or employee's official duties and the training is in the interest of the City. "(6) In the event you receive any gift or loan of property or services on behalf of the city, you shall promptly deliver such gift or loan to the city manager for official acceptance and inventory of the city. C: \DOCUME- 1 \marykf\LOCALS -1 \Temp \Ethics Cake - July 15, 2009 - Emergency One Reading)_1.DOC 4 "Conflicts of interest: in-the matter and abstain -from any vote or decision -and not participate in any diccuccio, on tv�'r hee- ter. (d) For purposes of this subsection, "City" shall include the City of Corpus Christi, the-Eity- Council. "(7) In the event you or one of your relatives have a potential conflict of interest which could influence the Council member's ability to make an impartial decision, an interest, a reasonable expectation of an economic benefit, or any substantial interest in a contract or transaction involving the city which comes before you in the performance of your official duties you shall make a written disclosure of your interest in the matter and abstain from any vote or decision and not participate in any discussion on the matter. "(8) You shall not engage in any outside activities or employment which will conflict or be incompatible with the full and proper discharge of your official duties, impair your independent judgment in the performance of your duties, or reflect discredit upon the city. "(9) You shall not represent any other private person, or group or interest in any action or proceeding against or adverse to the interest of the city or in any litigation in which the city is a party. "(10) You shall not represent any other private person or group in any action or proceeding in the municipal courts of the city which was instituted by city officers or employees in the course of their official duties. "(11) You shall not receive any fee or compensation for your official services from any source other than the city except as may be provided by law or authorized by the city council. "Actions adverse to the city: C: \DOCUME- 1\marykt\LOCALS -1 \Temp \Ethics CrgPd e - July 15, 2009 - Emergency One Reading)_].DOC 5 "(12) You shall not disclose information that could adversely affect the property or affairs of the city. "(13) You shall not knowingly perform or refuse to perform any act in order to deliberately thwart the execution of federal, state or local laws or regulations or the achievement of any official city programs. "(14) You shall not engage in any felony crime, misdemeanor involving moral turpitude, or other conduct that reflects discredit on the city. "Provisions for council members: "(15) A City Council member shall disclose, prior to voting on a matter before the City Council, if there may be an economic interest in the matter to a party or entity that had contributed $1,000 or greater to his /her campaign in the preceding 24 months. "(16) In order to preserve and promote independent advice and decisions from city boards and the integrity of the independent board process as a council member, you shall not speak before any city board, commission or committee except on behalf of your own financial interest; in which case, you shall publicly state the nature of your financial interest and that you are appearing only in your private capacity. "(17) As a council member, you shall not give any orders to any employee except through the city manager as provided by the City Charter. "(18) As a council member, you shall not participate in the process for the appointment of or the confirmation of the appointment of a member to a board, commission or committee of the city, or to the governing body of an independent entity all or part of whose members are appointed by the city council, after you are aware that an individual seeking, being promoted for, or being considered for the position: "(1) is related to you within a degree described by Section 573.002, Texas Government Code; "(2) is your employer; "(3) is a director or officer of a business entity (as defined in Section 171.001, Texas Local Government Code) which is your employer; or "(4) owns ten (10) per cent or more of the voting stock or shares of a business entity which is your employer. "Provisions for board members: C: \DOCUME-- 1 \marykf\LOCALS --1 \Temp \Ethicst i#dnce - July 15, 2009 - Emergency One Reading)_I.DOC 6 "(19) As a board member, you shall not have a substantial interest in any contract with the city in which your board or commission, or the city department related thereto, has jurisdiction. "(20) As a board member, you shall not represent or appear on behalf of the private interest of others before your board, commission or committee, the city council, or any board which has appellate jurisdiction over your board, commission or committee, concerning a matter which is within the subject matter jurisdiction of your board. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest.) "Provisions for employees: City Employees: "(21) As an employee you shall not have an interest in any contract with the city. This prohibition does not include any employment contract which may be authorized for the employee, a contract of sale for real property or a contract for services which are available for all citizens. "(22) Unless previously recommended by the city manager, and approved by the ethics commission, as an employee, you shall not, within twelve (12) months after leaving city employment, represent any other person or organization in any formal or informal appearance with the city council or any other agency or employee of the city concerning a project for which you had responsibility as an employee. "(23) As an employee, you shall not represent or appear on behalf of the private interest of others before the city council or any board, commission or committee of the city. (This rule does not prohibit you from appearing on behalf of your own financial interest even though others may have the same or a similar interest). "(24) As an employee, you may not be employed by any business or individual who has business dealings with or for your department, including any work that is subject to review or inspection by your department, even if you do not personally review or inspect the work of the business or individual." (Ord. No. 20781, § 1, 9 -19 -1989; Ord. No. 20913, § 1, 5 -1 -1990; Ord. No. 23772, § 2, 9- 21 -1999; Ord. No. 24613, § 1, 10 -9 -2001; Ord. No. 025769, § 1, 5 -25 -2004; Ord. No. 027642, § 1, 4 -8 -2008) SECTION 3. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 1 Rules of Conduct, Section 2 -312 Definitions, is amended by deleting the C: \DOCUME- 1 \marykf\LOCALS -1 \Temp \Ethics Ordinance - July 15, 2009 - Emergency One Reading)_1.DOC 7 definitions for Direct Family Member and Supervisory City Employee, and adding a definition for Economic benefit and expanding the definition of Substantial interest. "Sec. 2-312. Definitions. "The following definitions apply to the above rules of conduct: "Board member: A member of any board, commission or committee of the city, including the board of any corporation created by the city. "Economic benefit: an action that is likely to affect an economic interest if it is likely to have an effect on that interest that is distinguishable from its effect on members of the public in general or a substantial segment thereof. "Employee: Any person employed by the city, whether under civil service or not, including part-time employees and employees of any corporation created by the city. "Interest: Any direct or indirect pecuniary or material benefit in a contract or transaction other than: (1) An interest which is shared by and available to all other persons similarly situated; or (2) A remote or incidental interest which would not increase or decrease materially due to the action of the city or is less than two hundred dollars ($200.00) in value; or (3) An interest of a subcontractor which has no direct contractual relationship with the city, is receiving fair and reasonable compensation, and is not operating as a subterfuge to circumvent the code of ethics; or (4) An interest in real property acquired by the city which could otherwise be accomplished only through eminent domain provided that the property must be acquired for a public purpose and just compensation must be paid under the Texas Constitution after obtaining an independent appraisal. "Relative: Spouse, father, mother, brother, sister, son, daughter, spouse's children, father -in -law, mother -in -law, brother -in -law, sister -in -law, son -in -law, daughter -in -law and adoptive relationships being treated the same as natural relationships. "Substantial interest: Any interest in a business entity if a city council member or relative owns ten (10) per cent or more of voting stock or shares of the business entity or owns ten (10) per cent or more or $5,000 or more of the fair market value of the business entity'or funds received from the business entity exceeds ten (10) per cent or more of the person's gross income for the previous year. A City Council C: \DOCUME- 1\marykf\LOCALS -1 \Temp \Ethics aPiifance - July 15, 2009 - Emergency One Reading)_l .DOC 8 Member has a substantial interest in real property if he or his relative controls or has an equitable or legal ownership interest with a fair market value of $2,500 or more. " (Ord. No. 20781, § 1, 9 -19 -1989) SECTION 4. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 2 Ethics Commission, Section 2 -326, is amended by renumbering paragraph (a) and adding new paragraph (a) (1), to read as follows: "Sec. 2-326. Duties. „(a) The commission shall, in addition to its other duties: "(1) Review all proposed changes to this Ordinance and make recommendations to City Council before being placed on a City Council agenda for action. "(1) (2�Prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics. Such materials shall include instructions to the public about how to obtain information such as financial disclosures, campaign reports, and the like from the city. (2) (aReview all statements and reports filed with the city. (a) (4) Annually review the code of ethics and make appropriate recommendations to the city council after conducting a public hearing on any such recommendations. (4) (5) Review all public opinions related to the code of ethics that are issued by the city attorney. (5)16) Prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within thirty (30) days following the deadline for filing the last campaign finance reports for each city council election. For the purposes of this provision, a general election and run -off election shall be considered as a single city council election. (b) The commission may: (1) Adopt rules of procedure for the conduct of its business and to carry out the provisions of the code of ethics, consistent with the code of ethics and other applicable law. (2) Prepare reports and studies to advance the purposes of the code of ethics. C: \DOCUME- 1 \marykf\LOCALS -1 \Temp \Ethics O4rt2ttce - July 15, 2009 - Emergency One Reading)_I.DOC 9 (3) Request the city council and city manager to provide such assistance as it may require in the discharge of his duties." (Ord. No. 20781, § 1, 9 -19 -1989) SECTION 5. Code of Ordinances, Chapter 2 Administration, Article V Code of Fthics, Division 3 Financial Disclosure, Section 2 -342 Content of Reports, is amended by revising paragraph (e) and (i) as follows: "Sec. 2 -342. Content of reports. (e) The names and addresses of all corporations, partnerships or other business organizations in which the reporting official held, owned, acquired or sold stock or other equity ownership having a value exceeding five thousand dollars ($5,000) or equivalent to ten (10) per cent or more of the stock or equity in the entity or owns ten (10) per cent or more or $5,000 or more of the fair market value of the business organization or funds received from business organization exceeds ten (10) per cent or more of the person's gross income for the previous year. * * * (i) A list of all contracts with the City of Corpus Christi, including the date, term, type of good or services provided and the amount of the contract. 0f All boards of directors or governing bodies of which the reporting official is a member, and all offices or executive positions the reporting official holds in corporations, partnerships, limited partnerships, professional corporations, associations, or other entities, including non - business and non - profit entities, stating the name of each entity and position held, and excluding entities owned or created by the city. The names and addresses of all persons from whom the reporting official received gifts or favors, including but not limited to trips, excursions, food, lodging, money, commodities or services, cumulatively exceeding two hundred dollars ($200.00) in value. The nature and date of each gift received shall be specified. Provided, however, campaign contributions reported as required by state law and gifts or favors from relatives need not be reported hereunder." SECTION 6. Code of Ordinances, Chapter 2 Administration, Article V Code of Ethics, Division 3 Financial Disclosure, Section 2 -349, Disclosure of interests by contractors, is amended by adding paragraph (d) as follows: _Sec. 2 -349. Disclosure of interests by contractors. C: \DOCUME- 1 \marykf\LOCALS -1 \Temp \Ethics af nce - July 15, 2009 - Emergency One Reading)_1.DOC 10 "(d) If a person who requests official action on a matter knows that the requested action will confer an economic benefit on any City official or employee that is distinguishable from the effect that the action will have on members of the public in general or a substantial segment thereof, he or she shall disclose that fact in a signed writing to the City official, employee, or body that has been requested to act in the matter, unless the interest of the City official or employee in the matter is apparent. The disclosure shall also be made in a signed writing filed with the City Secretary." SECTION 7. 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 8. 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 9. This ordinance takes effect on date of publication. SECTION 10. 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 July, 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor Approved: July 15, 2009 By: Mary Kay Fis er, City Attorney C: \DOCUME- I \marykt\LOCALS -1 \Temp \Ethics OTAAAa - July 15, 2009 - Emergency One Reading)_I.DOC 11 Corpus Christi, Texas Day of , 2009 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, Joe Adame, Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott C: \DOCUME- 1 \marykf\LOCALS -1 \Temp \Ethics OIn &ce - July 15, 2009 - Emergency One Reading)_1.DOC 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 7/28/09 AGENDA ITEM: Resolution authorizing the City Manager or designee to submit a competitive funding application to the National Telecommunications and Information Administration (NTIA) for Broadband Initiatives Program (BIP) and Broadband Technology Opportunities Program Funding (BTOP) under the American Recovery and Reinvestment Act of 2009 and execute all related documents. ISSUE: A Notice of Funding Availability (NOFA) for Broadband Initiatives Program and Broadband Technology Opportunities Program was issued on July 9, 2009, advising the public of funding availability as a competitive application for the purpose of establishing the Broadband Initiatives Program and Broadband Technology Opportunities Program (BTOP) which makes available grants for deploying broadband infrastructure in unserved and underserved areas in the United States, enhancing broadband capacity at public computer centers, and promoting sustainable broadband adoption projects. Some of the grant projects the City of Corpus Christi is considering: • Purchase and Installation of up to 400 Tropos 4210 mobile access routers and 200 Tropos 5320 dual radios Gateways to enhance data and video capabilities for the Police, Fire, EMS and Civilian Government vehicles on our existing Wireless Mesh Network. • Extension of our existing fiber network to include areas such as North Beach, Padre Island, and ON Stevens Water Plant. This would extend our wired network capabilities to Fire Stations 2,15,13,12 and 17, Northwest Sr. Center and Recreation Center, Mustang Island /Park Operations, and the Joe Garza and Oak Park Recreation Centers. • Purchase and install environmental data collection stations for the Conrad Blucher Institute at TAMUCC, which will expand the areas capabilities to provide accurate assessments of environmental and weather related conditions while utilizing the City's wireless network. • Design and develop a regional data center to serve this area as an electronic data disaster recovery site. This center will be available to serve area governments and educational agencies for similar purposes ensuring safe and secure recovery of their data in the event of a disastee95_ funds to meet our required obligation under the NTIA guidelines, if funding is awarded. REQUIRED COUNCIL ACTION: Authorize the submittal of a competitive funding application to the National Telecommunications and Information Administration FUTURE COUNCIL ACTION: If selected for funding, appropriation of NTIA Grant. CONCLUSION AND RECOMMENDATION: Staff recommends the authorization to submit a competitive funding application to the National Telecommunications and Information Administration (NTIA) for Broadband Initiatives Program (BIP) and Broadband Technology Opportunities Program Funding (BTOP) under the American Recovery and Reinvestment Act of 2009 and execute all related documents. ..1 / / /:(f.6•`leti • '144,10 "Michael Armstrong' Director of Municipal information Systems MichaelAr @cctexas.com 361.826.3735 —306— BACKGROUND INFORMATION NTIA is establishing the Broadband Technology Opportunities Program (BTOP) which makes available grants for deploying broadband infrastructure in: • unserved and underserved areas in the United States • enhancing broadband capacity at public computer centers • promoting sustainable broadband adoption projects. In facilitating the expansion of broadband communications services and infrastructure, this program will advance the objectives of the Recovery Act to spur job creation and stimulate long -term economic growth and opportunity. Definitions Broadband means providing two -way data transmission with advertised speeds of at least 768 kilobits per second (kbps) downstream and at lease 200 kbps upstream to end users, or providing sufficient capacity in a middle mile project to support the provision of broadband service to end users. Last Mile Project means any infrastructure project the predominant purpose of which is to provide broadband service to end users or end -user devices (including households, businesses, community anchor institutions, public safety entities, and critical community facilities). Middle Mile Project means a broadband infrastructure project that does not predominantly provide broadband service to end users or to end -user devises, and may include interoffice transport, backhaul, Internet connectivity, or special access. Underserved area means a proposed funded service area, composed of one or more contiguous census blocks meeting certain criteria that measure the availability of broadband service and the level of advertised broadband speeds. These criteria conform to the two distinct components of the Broadband Infrastructure category of eligible projects —Last Mile and Middle Mile. Specifically, a proposed funded service area may qualify as underserved for last mile projects if at least one of the following factors is met, though the presumption will be that more than one factor is present: 1. No more than 50 percent of the households in the proposed funded service area have access to facilities- based, terrestrial broadband service at greater than the minimum broadband transmission speed (set forth in the definition of broadband above); 2. No fixed or mobile broadband service provider advertises broadband transmission speeds of at least three megabits per second ( "mbps ") downstream in the proposed funded service area; or 3. The rate of broadband subscribership for the proposed funded service area is 40 percent of households or less. A proposed funded service area may qualify as underserved for Middle Mile projects if one interconnection point terminates in a proposed funded service area that qualifies as unserved or underserved for Last Mile projects. Unserved area means a proposed funded service area, composed of one or more contiguous census blocks, where at least 90 percent of households in the proposed funded service area lack access to facilities- based, terrestrial broadband service, either fixed or mobile, at the minimum broadband transmission speed (set forth in the definition of broadband above). A household has access to broadband service if the household can readily subscribe to that service upon request. -307- Overview Section 6001 of the Recovery Act establishes a national broadband service development and expansion program to promote five core purposes: a. To provide access to broadband service to consumers residing in unserved areas of the country; b. To provide improved access to broadband service to consumers residing in underserved areas of the country; c. To provide broadband access, education, awareness, training, equipment, and support to community anchor institutions (e.g., schools, libraries, medical facilities), or organizations and agencies serving vulnerable populations (e.g., lowincome, unemployed, aged), or job creating strategic facilities located in state- or federally designated economic development areas; d. To improve access to, and use of, broadband service by public safety agencies; and e. To stimulate the demand for broadband, economic growth, and job creation. The Recovery Act provides $4.7 billion to NTIA for BTOP, to be awarded by September 30, 2010, which represents a significant investment to advance President Obama's national broadband strategy. Of this amount, at least $200 million will be made available for competitive grants for expanding public computer center capacity. In addition, at least $250 million will be available for competitive grants for innovative programs to encourage sustainable adoption of broadband services. Up to $350 million is available from the Recovery Act to fund the State Broadband Data and Development Grant Program authorized by the Broadband Data Improvement Act and to support the development and maintenance of a nationwide broadband map for use by policymakers and consumers. A forthcoming NOFA will outline policies and procedures for the State Broadband Data and Development Grant Program. BTOP funds are available through three categories of eligible projects: Broadband Infrastructure, Public Computer Centers, and Sustainable Broadband Adoption. The Broadband Infrastructure category consists of two components —Last Mile and Middle Mile—and will fund projects to deliver broadband access to unserved and underserved areas. The Public Computer Center category will fund projects that expand public access to broadband service and enhance broadband capacity at entities, such as community colleges and public libraries, that permit the public to use these computing centers. The Sustainable Broadband Adoption category will fund innovative projects that promote broadband demand, including projects focused on providing broadband education, awareness, training, access, equipment or support, particularly among vulnerable population groups where broadband technology has traditionally been underutilized. The Recovery Act also recognizes the valuable role that the states and territories can play in implementing BTOP, and permits NTIA to consult with them in identifying unserved and underserved areas within their borders and in allocating grant funds for projects in or affecting their jurisdictions. Consistent with the Recovery Act, NTIA has consulted with the FCC on this NOFA. BTOP Priorities All projects funded under BTOP must advance one or more of the five statutory purposes outlined above. The program is designed to extend broadband access to unserved areas, improve access to underserved areas, and expand broadband access to a wide range of institutions and individuals, including vulnerable populations. It will seek to serve the highest priority needs for federal investment— particularly projects that offer the potential for economic growth and job creation, and provide benefits to education, health care, and public safety. The program will support viable, sustainable, and scalable projects. NTIA will favor proposals that satisfy the public - interest objectives specified in the statute and detailed in this NOFA. These projects can serve as models for future investors once economic conditions improve. NTIA expects to distribute grants across geographic areas addressing these various public purposes. It will issue awards on a technologically neutral basis, and expects to support projects employing a range of technologies (e.g., fixed and mobile wireless, fiber, satellite). In making these awards, NTIA will also take into consideration whether an applicant is a socially and economically disadvantaged small business concern as defined under section 8(a) of the Small Business Act (SBA) (15 U.S.C. 637(a)(4)). Finally, it is also important to highlight the desire of the Recovery Act to extend nondiscrimination and network interconnection obligations on awardees. In particular, the Recovery Act directs NTIA to impose contractual conditions on STOP grants that would, at e3918irnum, adhere to the principles contained in the FCC's broadband oolicv statement. Award Information Funding Limits up to $1.4 billion is available to be awarded under this NOFA and will be allocated in the following categories: a. Broadband Infrastructure projects will be awarded no greater than $1.2 billion; b. Public Computer Center projects will be awarded no greater than $50 million; and c. Sustainable Broadband Adoption projects will be awarded no more than $150 million. All awards under BTOP must be made no later than September 30, 2010. While the completion time will vary depending on the complexity of the project, grant recipients must substantially complete projects supported by this program no later than two years, and projects must be fully completed no later than three years, following the date of issuance of the grant award. Applications will be accepted between July 14, 2009, at 7 a.m. until August 14, 2009, at 4 p.m The application packages for electronic and paper submissions will be available at http: / /www.broadbandusa.gov. Electronic submissions of applications will allow for the expeditious review of an applicant's proposal consistent with the goals of the Recovery Act. As a result, all applicants requesting more than $1 million in assistance (in the form of grants, loans, or a combination of grants and loans) must file their application electronically. Electronic applications must be submitted by 4 p.m. on August 14, 2009. -309- Page 1 of 2 RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO SUBMIT A COMPETITIVE FUNDING APPLICATION TO THE NATIONAL TELECOMMUNICATIONS AND INFORMATION ADMINISTRATION (NTIA) FOR BROADBAND INITIATIVES PROGRAM (BIP) AND BROADBAND TECHNOLOGY OPPORTUNITIES PROGRAM FUND (STOP) UNDER THE AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009 AND 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 designee is authorizedto submit a competitive funding application to the National Telecommunications and Information Administration (NTIA) for Broadband Initiatives Program (BIP) and Broadband Technology Opportunities Program Fund (BTOP) under the American Recovery and Reinvestment Act of 2009 and execute all related documents. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Joe Adame, Mayor APPROVED: JuLY17, 2009 Lisa Aguilar, Assistant City Attorney for the City Attorney H:W MIS- DIRICONNIESBudget- FY0809VAgenda Items \NationarTatali iunications and Information Administration Resolution 072809.doc Corpus Christi, Texas of , 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —311— 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 28, 2009 AGENDA ITEM: Motion authorizing the lease /purchase of equipment, acquisition of technical consulting services, and five (5) years of support and maintenance from Tropos Networks of Sunnyvale, California for support of the City's Automated Meter Reading system and wireless network for a total of $1,767,645. This acquisition will be financed for a period of five (5) years by Frost Financial Services of Corpus Christi, Texas. ISSUE: The City implemented a wireless network in August of 2005 for the purpose of remotely monitoring water and gas meters. Today, we are in year 4 of 5 of the AMR with over 100,000 meters installed and being read daily. Year 5 deployment will require the installation of up to 400 additional Wifi radios to support that system. We are adding new applications to the Wifi network, and in order to effectively support those applications (particularly video) we need to increase system bandwidth and provide vehicle - mounted routers to allow City employees to make maximum use of that network. REQUIRED COUNCIL ACTION: City Council approval is required for all purchases over $50,000 PREVIOUS COUNCIL ACTION: No previous City Council action has been performed in this regard. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. Attachments —315— 1 19 i4 614L' / Michael' Armstrong Director of MIS Office # 361 - 826 -3735 michaelar@cctexas.com BACKGROUND INFORMATION In 2005 the City of Corpus Christi developed a Wifi network to support an Automated Meter Reading (AMR) project. It was determined at that time that AMR data would use only a small portion of the bandwidth available on the network. In 2006, the City began to attempt to locate a partner to manage the additional bandwidth. This led to the eventual sale of the network to Earthlink. The sale was concluded in 2007. In early 2008, Earthlink announced that it was leaving the Wifi market, and returned ownership of the network to the City in May, 2008. The network has continued to support the AMR project since its inception, and is currently used to transport data from more than 100,000 water and gas meters daily. AMR is entering its fifth and final year, and is extending into areas of the City that had limited build -out during construction ofthe Wifi network. We estimate that we will require an additional 350 -400 Wifi radios to accommodate AMR requirements. Since reacquisition of the network from Earthlink, MIS staff has made significant improvements to the system, tripling available bandwidth and greatly increasing the reliability ofthe network. However, further increases in capability will depend upon reducing " backhaul" congestion. (Backhaul is data that is sent back to the City's network in response to user activity.) Backhaul traffic and user traffic are currently served on the same radio spectrum area. Replacing 400 existing radios with dual-channel gateways will allow us to greatly reduce backhaul congestion and increase the bandwidth available on the network. The single - channel radios that will be replaced will be used to extend the network for AMR support. There has been a substantial amount of frustration inside the City organization concerning our inability to effectively use the Wifi network for City purposes. A major contributor to this frustration has been the attempt to use the low -power radio and intemal antennas in vehicles to achieve a useable connection. We have found that using more powerful vehicle- mounted radios with extemal antennas eliminates this problem completely. We have a number of pilots underway that have demonstrated the success of these radios. Tropos has a direct sales program for organizations that use more than 1000 Wifi radios. This program is only available from Tropos, and provides the City with pricing well below that available from State of Texas DIR contracts. Frost Financial Services is the City's current leasing agent for capital equipment. The items identified in this acquisition will be funded over a five -year period with monthly payments of $32,156.55 starting August 1, 2009. Funds for the first year of this program have been included in the FY09 /10 MIS budget. —316— Contract Account Rate Dated Total Payment Billed No. TBD 31543 3.5 09/01/2009 $1,767,645 $32,156.55 Monthly -317- City of Corpus Christi CCDCDC Wireless Corporation, City of Corpus Christ) Corpus Christi, TX John Sandejar (361) 826-3867 jolmnackxas.com networks 555 Del Ray Ave. Surma., CA 91085 Akin: 408431.8800 Fax: 408- 331.8801 Sales Quote - NA Quote Number Date of Order 50-101 29 -JuW9 Purchaser. Name: Address: Address: CRY, State: Country: Content Phone rlt Fax ik Email Address: Ship To: Name: Address: Address: CRY, State: Coney: Contact Phone It Fax St runil Address: Same Hardware 400 40 400 150 300 150 160 Product 6320:2.4 & 5.8GHx, AC Power, Batt Weather -Tight Gateway Connector Kit Pre Cable, 414 2rNre, Photo -Cell 4210 Mobile Router. 28dBm TX, Ncom 1- VSilcls MM, 5.OdBi OnW Mt Cable Kit 1 -Veh Mnt, GPS Rcsrw/ Cable & UBB Ind lair Angie N-Com Adapter, Male-Fern Software 550 ' Tropes COMM Roue License 550 Tempos insight Router License Pet Number PriceNNt Disc. % Disc. Price/Unit 63209190 $ 3,495.00 50.0% $ 1,747.50 EC003500 $ 139.00 50.0% $ 69.50 PT021004 $ 189.00 50.0% $ 94.50 42102100 $ 2,895.00 50.0% $ 1,347.50 AN050090 $ 149.00 50.0% $ 74.50 08000350 $ 449.00 50.0% $ 224.50 RC009100 $ 19.00 50.0% $ 9.50 NMC06500 -100 NMI06500-100 $ 169.00 $ 99.00 Hardware Subtotal 15.0% $ 143.65 15.0% $ 84.15 Software Subtotal Pedua TOTAL 6d. Price 699,000.00 2.780.00 37,800.00 202,125.00 22,350.00 33675.00 1,42500 999,155.00 79,007.50 48,282.50 125,290.00 1,124,445.00 Support Ressler Support - Customer support provided by Revolter. Includes Software Updates, Bug Fixes a Mahinance Releases: Level 1 and Level 2 spport provided by masher. TROPOS Support - Customer support provided by 7R0P0S. lududes Software Updates, Bug Floes & Maintenance Releases: Hotline. Web and Ewalt Support 5 Pram SW Sup Dual Radio Router- 1 Year SUSWPOO2 $ 120,000.00 0% $ 120,000.00 Training and Professional Services 4 Network Design Support (per week) Notes: PSNDWOO1 $ 10,800.00 Support Subtotal 0% $ 10,800.00 0% - Training and Services Subtotal Support and Services TOTAL GRAND TOTAL 800,000.00 600,000.00 43,200.00 43,200.00 643,200.00 Eas iilA.r.ir,� Quote Terns and Conditions: 1 Payment teens: Net 90 upon prior approval, F.O.B. Tropes manufacturing facility. 2 Quote expires in 30 days from date of quote. 3 Sales tax and slapping wi0 be added to final invoke as appropriate. 4 Delivery of products Is EX Wale (Inmtems 2000) Sagas factory or EX Works facility of Sellers aged, as designated by Seller. Seger reserves the right to ship Beat Way at its am expense. 5 This prim quokBm does not wrstMUM an offer by Trope to sell products, bur is instead an mrdalion to issue a purchase order to Tropes before the validity date specified In this quotation has expired. Please fax °Mers to (408) 331 -6529 or email to OrderSkhs©bopos.com -318- Internal Use I End User: Sales Rep: Requested Delivery Date: Requested Delivery Mess: Shipper 8 Pequete 050107 •EXHIBIT E • Standard Fonn LLC LLC NO. BI NO. . • LEASE LINE OF CREDIT REQUISTfION AND RECEIVING REPORT City of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 784699277 CITY CONTACT: Jerome 3oelin CONTACT TELEPHONE: (361) 826- 3651� FAX + (3611) 826 -3601 BUDGETED EQUIPMENT COST: I / 4)1 .6 q S ` 00 FINANCWO TERM: 36 mo , 42 mo —, 48 mo 60 mo , 84 mo _,. 120mo . , Other ( specify)) TOTAL APPROXIMATE COST: $ . if l 67) 61-151, op IS piffi FIRST YEAR PAYMENT � AP ROPRIAT D7 r Yes No (explain) I 30 2 QO 1r Y PHONE NO: '� 38‘ DATE: 6 ACTIVITY NAME: 3 ACCOUNT/FUND /ORG: ACet .579D 990, 5300 3O 4 5 o o5b DEPARTMENT CONTACT: 3;w rani fit v- DEPARTMENT APPROVAL: /....;. afidea ...LJiret/ 0 DAL 18148581%3 AclmpyAedgecj'by Lessor: . Signature ifsia 7 3 -Cq (Please Print/Type). • 34 —319— 44 «goo .. , EQUIPMENT: Complete One Form Per Line Item and Attach Specification. Describe equipment (nqp- tecpnicaj description) including quantity to be ordered. itg. ES)ENTIAL USE: ( Check if the proposed equipment is replacement. State the age of the equipment being re .laced, propos • equipment is needed, its estimated life. � _ ._ _ rd Kt JA i �. , / g, .a1 3 , w/t Ati-{ CA hn< ,�fv n/cl +t� AMC w� // ems/ Nefi✓v r, Icyc i AM ° 01 paid' /G/ . - i.cda ,Vt,✓ G1 T /i e /o/ ' dar vt . y,� el- Apapintrbh is 5 pad dd. Check if the proposed equipment is additional. State why the equipment is needed and the,estimated useful life. 1 / o MCGi'11^ S I si v o t'IL ., Aces /?out--r '10 /a W At*V t/ r l 0 0 0 ci/l c; 4- QWC 1442( 400 y 04/Akc ' • MI e' ref /i/e/Nt j k A/4 614(ki PI in/ rh.4.- 4'Lc o%• DAL 1814858v3 35 —320— 7/20/2009 City of Corpus Christi Wifi System Background Michael Armstrong MIS Director July 28, 2009 Brief History • AMR Plan Developed — June 2003 • AMR Pilot Approved — June 2004 • Pilot Concluded — June 2005 • Wifi Network Authorized — August 2005 • Network Completed — December 2006 • Search For Partners — June 2005 • Earthlink Proposed To Purchase Network - December 2006 —321— 1 7/20/2009 Earthlink • March 2007 — Sale Finalized • $5.3M sale price • $3.65M in cash • $1.65M to be paid over four (4) years • Earthlink Leaves Market — November 2007 • May 2008 — City Reacquires Network • Retained cash payment • Retained network improvements ($1.511) • Received $800K in inventory • Forgave $1.65M future payments Recovery Activities • Drive Testing • Location Mapping • Location and Configuration Changes • Wired Network Changes • Public Side Separation • Monitoring and Reporting Software —322— 2 7/20/2009 New Public Hot Zones • BiII Witt Park • Broadmoor Senior Center • Garden Senior Center • Lindale Senior Center • Northwest Senior Center • Lindale Recreation Center • Oak Park Recreation Center • Oso Recreation Center Current Government Applications • AMR (100,000+ water and gas meters read daily) • Water Department • Gas Department • MIS Department • Fire Inspectors • Building Inspectors • Restaurant Inspectors • Animal Control • StationaryVideo Cameras • In- vehicleVideo (test) • Police at Child Protective Services • Fire Stations 16 & 17 • Wireless Employee Time Clocks • IntegratedWifi/cellular phones • Marina -323- 3 7/20/2009 Pending Partnerships • Texas A &M • DelMar • Regional Transportation Authority • La Palmira Mall • Sunrise Mall • Federal Courthouse Issues • Year 5 AMR Build -out • +/- 400 Radios • Backhaul Congestion • 400 Dual Channel Radios • Low -power Radios in Laptops /MDT's • 150 Mobile Routers • Disaster Recovery —324— 4 7/20/2009 AMR Requirements Video requirements • Four (4) stationary cameras now • Nine (9) more planned • In- vehicle video • Upload • Real -time • Bandwidth- intensive —325— 5 7/20/2009 The Future • Wifi /cellular Convergence • WiMax • Wifi/Wimax Convergence Questions? -326- 6 25 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 28,2009 AGENDA ITEM: ORDINANCE APPROPRIATING $ 2,500,000 FROM EXCESS REVENUES IN THE WATER FUND 4010 FOR INCREASED CHEMICAL AND PERSONNEL COSTS; CHANGING THE FY 08 -09 BUDGET ADOPTED BY ORDINANCE 027776 BY INCREASING BOTH REVENUES AND EXPENDITURES BY $ 2,500,000 EACH; AND DECLARING AN EMERGENCY. ISSUE: The City Charter prohibits Funds from overspending appropriations approved by the City Council. The City Charter requires new appropriations to be presented for Council approval to increase expenditures in these funds, in order to meet operational expenses. The Water Fund is anticipated to overspend its appropriations due to increased water sales which has lead to increased chemical usage. In addition the cost of these water treatment chemicals has increased, personnel costs have increased and excessive line breaks have added additional pressure to the budget. This 'housekeeping' ordinance is necessary to insure the City is in compliance with Charter requirements. REQUIRED COUNCIL ACTION: Approval of ordinance to increase appropriations is required to remain in compliance with the City Charter. Attachments -329- v Eddie Houlihan Assistant Director of Management & Budget EddieHo @cctexas.com 826 -3792 BACKGROUND INFORMATION Due to drought conditions the amount of water sold has been significantly more than budgeted which has required additional water treatment chemicals. In addition the costs of these chemicals has increased by 67.7% for caustic soda, 43% for hydrofluorosilicic acid, 38% for potassium permanganate and 57.7% for liquid aluminum sulfate since the budget was prepared and adopted last July 2008. The dry conditions have contributed to excessive line breaks which have increased some materials & supplies accounts beyond budgeted amounts. The Water Fund has also had to pay in excess of the mid -point of the salary range for several positions in order to attract qualified personnel. As a result, it is requested that the appropriations be increased by $2,500,000. —330— Page 1 of 1 ORDINANCE APPROPRIATING $ 2,500,000 FROM EXCESS REVENUES IN THE WATER FUND 4010 FOR INCREASED CHEMICAL, PERSONNEL AND MATERIALS AND SUPPLIES COSTS; CHANGING THE FY 08 -09 BUDGET ADOPTED BY ORDINANCE 027776 BY INCREASING BOTH REVENUES AND EXPENDITURES BY $ 2,500,000 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $2,500,000 is appropriated from excess revenues in the Water Fund 4010 for increased chemical, personnel and materials and supplies costs. SECTION 2. That the FY 08 -09 budget adopted by Ordinance 027776 is changed to increase both revenues and expenditures by $2,500,000 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of 2009. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: July 20, 2009 t,:1 Lisa Agu' , Assistant City Attorney for the City Attorney —331— Joe Adame. Mayor Corpus Christi, Texas Day of , 2009 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —332— 26 CITY COUNCIL AGENDA MEMORANDUM July 28, 2009 AGENDA ITEM: RESOLUTION APPROVING THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION'S AFFORDABLE HOUSING — NEW CONSTRUCTION PROGRAM AND THE PROGRAM GUIDELINES. ISSUE: On July 20, 2009, the Corpus Christi Business and Job Development Corporation ( "4A Board) adopted a New Construction Program and program guidelines for administration of $250,000 of affordable housing funds. The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to buy down the final purchase price of a home. Council approval is necessary to implement the program. REQUIRED COUNCIL ACTION: City Council approval is required to adopt the Affordable Housing — New Construction Program and the Program Guidelines. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the Affordable Housing — New Construction Program and the Program Guidelines. Margie C. Rose, Assistant City Manager/ Interim Director of Neighborhood Services ma rq i e rO cctexas. co m 361- 826 -3232 —335— BACKGROUND INFORMATION On November 5, 2002, residents of the City of Corpus Christi passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one -eight of one percent to be imposed for 15 years. In the same election, the residents of the City passed Proposition 2B, Affordable Housing, which authorized the use of a portion of the sales and use tax approved under Proposition 2B for affordable housing, up to $500,000 annually, so long as there are projects for which the amount can reasonably be used. The 1/8"' cent sales tax authorized by passage of Proposition 2 and allocated under Proposition 2B for affordable housing was subsequently enacted by the City Council and filed with the State Comptroller for Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation's Board of Directors (4A Board). The City's 4A Board is responsible for managing the use of the funds. The Board conducted several public meetings in order to receive public input from citizens as to the type of affordable housing that may be needed in the community. A decision was made and approved by the Board to use the funds for individually owned single - family affordable housing. Several months ago, the 4A Board directed staff to use $250,000 of the $500,000 annual Affordable Housing allocation for the creation of the New Construction Program. A Request for Proposal was issued for the remaining $250,000 to be used by an organization /company in one (1) of six (6) different categories for Affordable Housing. The New Construction Program will be used to assist homebuyers in purchasing a new home by providing a deferred forgivable loan, up to $20,000, to buy down the final purchase price of a home. —336— Page 1 of 2 RESOLUTION APPROVING THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION'S AFFORDABLE HOUSING — NEW CONSTRUCTION PROGRAM AND THE PROGRAM GUIDELINES WHEREAS, the Corpus Christi Business and Job Development Corporation ( "4A Board ") has budgeted $250,000 of its FY 2009 -2010 affordable housing funds for the 4A Board's Affordable Housing — New Construction Program and has adopted guidelines for the administration of the funds; WHEREAS, the Affordable Housing — New Construction Program will make up to $20,000 available to new low and moderate income home buyers for down payment assistance; WHEREAS, the assistance will be provided in coordination with qualified home builders on a first come, first serve basis until the funds are expended; and WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the Affordable Housing — New Construction Program and guidelines. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the 4A Board's Affordable Housing — New Construction Program and guidelines for the administration of the funds, which is attached to this resolution as Exhibit A, is approved. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: 21st day of July, 2009. R. Jay Reining First Assistant City Attorney For City Attorney Joe Adame Mayor —337 — RESOLUTION -- Affordable Housing — New Construction Program 07212009.doc Page 2 of 2 Corpus Christi, Texas of 2009 The above resolution was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott —338— RFCni i irinsi _ axnrdahin Hnusino -- New Construction Program 07212009.doc Corpus Christi Business and Job Development Corporation Affordable Housing - New Construction Program Guidelines for the Program and Criteria for Application Purpose The purpose of the program is to expand affordable housing opportunities for low income homebuyers by providing a deferred forgivable loan to buy down the final purchase price of a home. 11. General Program Description: • The funding is available to qualified builders for the purpose of buying down the final purchase price of the affordable home. • Affordable housing is defined as owner occupied housing that is accessible to households at a cost that does not exceed 30% of the monthly household income. • The intent is to provide general terms /guidelines as not to limit builders on the specific use of the funds, but rather accomplish the buy down of the final purchase price to make the home affordable for households with incomes in the 80% of median income ranges (see Attachment A, 80% of Median Income Chart). The funding will be in the form of a deferred forgivable loan up to $20,000 per home. The term of affordability will be 10 years. The loan will be amortized over the specified affordability period commencing on the closure date. Recapture provisions require repayment of the total loan amount on a prorated basis. If the buyer sells the property within the affordability period, the balance of the amortized loan shall be due and payable. Any funds repaid by the homebuyer as a result of sale of the property will be used to assist other homebuyers. The funding will be available on a first come, first serve basis and as funds are available. Program Start Date — August 1, 2009. Funding through this program is not available until August 1, 2009. • Builders can participate in only one of the two 4A Affordable Housing programs or any other Affordable Housing program administered by the City of Corpus Christi per fiscal year. —339— III. Builder Eligibility: The City of Corpus Christi will review the federal "Debarred" list of contractors and subcontractors for clearance to proceed as assurance we are working with creditable contractors. The City will also check the status of the builder with the Texas Residential Construction Commission's website, which will provide the builder's registration status as of August 31, 2009. (While the Commission has been abolished under the Texas Sunset Act, it will be winding down its operations until August 31, 2010.) This information will be used to determine if further inquiry is needed to determine whether the builder is capable of meeting the program's expectations. IV. Construction Standards: • The work will be performed in accordance with the most current applicable City Technical Construction Codes, including the Energy Code. The house must comply with the State Board of Insurance Windstorm Codes. • The house must meet FHA and VA requirements. • The house can not be located in a 100 year flood plain. • The house must be constructed for wheel chair accessibility. (Door widths, blocking for grab bars, no step entrance.) • The costs of the new home must include the pricing of standard features, and may not include luxury upgrades. V. Homebuyer Eligibility: • Prospective homebuyers shall attend a Homebuyer Education Class. • The household size will be determined by Neighborhood Services Department. • Homebuyer's cash on hand cannot exceed program limits. • Neighborhood Services Department will make a determination of eligibility at the time the mortgage lender submits the required documents. • The homebuyer will be issued a Commitment Letter after the review of all submitted documents. The Commitment Letter will expire 60 days from the date of issuance. A 30 day extension may be given at the sole discretion of the Neighborhood Services Department. —340— . The homebuyer cannot have ownership in any real estate property or ownership in any house. VI. Lender Requirements: The Lender will be required to submit the following: o Copy of escrowed earnest money contract; o Final certified HUD 1003 application with signatures; o Three most recent bank statements; o Lender's employment verification; o Paycheck stubs for past 6 months; o Current federal /state issued picture identification for all purchasing members; o Proof of U.S. citizenship or if a resident alien, must provide both a Social Security card and Green card; o Social Security cards for all purchasing members; o Proof of all assets; o Certified appraisal o Mortgage Credit Analysis Worksheet; and o Homebuyer class certificate issued by a HUD approved agency. VII. Title Company Requirements: The Title Company will be responsible for ensuring that all documents are complete and correct. • At closing, the Title Company will provide Neighborhood Services Department, the following: o An itemization of the closing costs (Settlement Statement); o Deed of Trust and Promissory Note; and o Warranty Deed. • The Title Company will execute the City of Corpus Christi's Deed of Trust and Promissory Note and forward original's to the City. The Title Company will file one original Deed of Trust and one original Promissory Note with the Nueces County Courthouse file of records. —341— • Neighborhood Services Department will give the Title Company approval for closing and will process check to be issued to the Title Company. The processing of the check takes five working days, from the date and time approval is given to close. • Title Company will ensure there are no existing liens, judgments, etc. against the property being purchased by the homebuyer. VIII. Application Criteria and Process: • Builders will be required to submit an application requesting the use of funds based on the following: o Narrative of the Proposed Project(s) o Qualifications and Experience Information o Financial Capabilities o Disclosure of Interest Form o Conflict of Interest Questionnaire Form —342— ATTACHMENT A INCOME LIMITS (80% of MEDIAN INCOME) Family Size 1 2 3 4 5 6 7 8 Annual 28,100 32,100 36,150 40,150 43,350 46,550 49,800 53,000 Income Estimated 70,250 80,250 90,375 100,375 108,462 116,375 124,500 132,500 Mortgage Loan 84,300 96,300 108,450 120,450 130,050 139,650 149,400 159,000 Range Revised 3/19/09: Income limits are established by HUD and are subject to change without notice. -343- 27 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 28. 2009 AGENDA ITEM: A. SECOND READING ORDINANCE - ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2009; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. B. SECOND READING ORDINANCE TO RATIFY INCREASE OF $2,971,452 IN PROPERTY TAX REVENUES FROM LAST YEAR'S OPERATING BUDGET AS REFLECTED IN THE 2009 -2010 OPERATING BUDGET. AGENDA ITEM A. ISSUE: The City Charter requires the City Council adopt the annual operating budget appropriating proposed revenues and expenditures prior to August 1s` of each year. During the 1st reading of the Proposed Budget on July 14, 2009 Council directed City staff to come up with options to fund several items /programs. Part 1 is a suggested motion to fund some of the requested items/programs. Part 2 offers potential funding options for the remainder of the requested items /programs. PART 1: Motion to amend the ordinance adopting the City of Corpus Christi budget for FY 2009- 2010 prior to second reading regarding increased funding for arts programs; reinstating funding for Municipal Court judge; increased funding for park maintenance, adjustments to Hotel Occupancy Tax Fund, Water Fund, Storm Water Fund and Development Services Fund; and increased parking fine revenues. See Attachment A for the detail of these changes. PART 2: Discussion and action regarding options (which include amendments to the Financial Policies adopted by Resolution 028176), to amend the Ordinance adopting the FY 2009 -2010 budget prior to second reading to fund following programs: 1) Youth summer program $121,000 2) Sister City program $18,000 3) Park maintenance $117,000 4) Beach operations $20,500 5) Violet Pool $22,000 6) Animal Control $44,000 REQUIRED COUNCIL ACTION: Motion to amend the ordinance adopting the City of Corpus Christi budget for FY 2009 -2010 prior to second reading. —347— AGENDA ITEM B. ISSUE: The Local Government Code now requires municipalities to ratify any increases in property tax revenues from the previous year. The attached Ordinance complies with the new requirement. REQUIRED COUNCIL ACTION: Approval of Ordinance ratifying the increase in property tax revenues from last year's operating budget. Attachments: Attachment A —348— tinttt Eddie Houlihan Assistant Director of Management & Budget 361/826 -3792 eddiehoc cctexas.com BACKGROUND INFORMATION During budget deliberations Council requested funding options for several items /programs. Definite funding has been identified for the items in Part 1 of the Agenda memo and funding options have been identified for the items in Part 2 of the agenda memo. Section 102.007 of the Local Government Code now requires the governing body of a municipality to ratify the property tax revenue increase reflected in the Budget separate and in addition to adopting the budget if more tax revenue will be raised by the Proposed FY 2009 -10 Budget than in the previous year. —349— Attachment A City of Corpus Christi Amendment to the FY 2009 -2010 Proposed Budget General Fund -1020 Proposed Expenditures Adjustments: Decrease appropriations for Transfer to Development Services Decrease appropriations for NCAD /NC- Administrative Decrease appropriations for Charter Election Decrease appropriations for Travel from Various Organizations Increase appropriations for Reserve Appropriation Increase appropriations for Transfer to HOT Fund Increase appropriation for Arts Subgranting Increase appropriation for Municipal Court Judicial Increase appropriation for Park Maintenance Total Adjusted Expenditures Proposed Revenues Adjustments: Increase Parking Fines Total Adjusted Revenues $ 196,604,076 (188,184) (70,000) (175,000) (28,000) 2 393,182 40,000 102,000 28,000 196,706,076 $ 196,604,076 102,000 $ 196,706,076 Hotel Occupancy Fund -1030 Proposed Expenditures Adiustme Increase Increase Increase Increase Increase Increase Increase Increase Increase Increase nts: appropriations for Asian Cultures Museum appropriations for Art Museum of South Texas appropriations for Botanical Gardens appropriations for Harbor Playhouse appropriations for Center for Hispanic Arts appropriations for Instituto de Culture Hispanica appropriations for Arts Community Center appropriation for CC Symphony appropriation for Jazz Festival appropriation for Arts Grants /Projects Total Adjusted Expenditures Proposed Revenues Adjustments: Increase Transfer from General Fund $ 10,553,425 22,837 190,767 15,225 24,158 11,419 15,225 22,837 9,135 7,612 73,967 10,946,607 $ 10,365,010 393,182 Total Adjusted Revenues $ 10,758,192 -350- Development Services - 4670 Proposed Expenditures Adiustments: Decrease appropriation for Temporary Services $ 6,565,816 (188,184) Total Adjusted Expenditures $ 6,377,632 Proposed Revenues Adiustments: Decrease Transfer from General Fund Total Adjusted Revenues $ 6,465,808 (188,184) $ 6,277,624 Water Fund - 4010 Proposed Expenditures $ 85,147,918 Adiustments: Increase appropriation for Transfer to Storm Water Fund 21,844,184 Increase appropriation for uncollectible expense 196,293 Total Adjusted Expenditures $ 107,188,395 Proposed Revenues $ 86,084,937 Adiustments: Increase ICL- Residential 10,312,350 Increase ICL - Commercial and other 11,451,712 Increase Late fees on delinquent accounts 271,755 Increase Late fees on returned check payments 4,660 Total Adjusted Revenues $ 108,125,414 Storm Water Fund - 4300 Proposed Expenditures $ 21,625,984 Adiustments: Decrease appropriation for uncollectible expense (448,638) Total Adjusted Expenditures 21,177,346 Proposed Revenues $ 22,453,392 Adiustments: Increase Transfer from Water Division 21,844,184 Decrease ICL- Residential (10,567,875) Decrease ICL - Commercial and other (11,448,532) Decrease Late fees on delinquent accounts (271,755) Decrease Late fees on returned check payments (4,660) Total Adjusted Revenues $ 22,004,754 -351- AN ORDINANCE As passed on first reading ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2009; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2009, and ending July 31, 2010, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager' s Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(0, Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $651,030,401 and estimated revenues amounting to $646,432,452 for the Fiscal Year beginning August 1, 2009, and ending July 31, 2010, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: H:1LEG- DIR1Lisa12009 Ordinance\FY09 -10 Budget.doc -352- Police officer and senior police officer - 392* Police Lieutenant - 36 Police Captain - 15 Police Commander - 6 Assistant Police Chief - 1 Police Chief - 1 FY09 -10 TOTAL 451 * These positions are interchangeable. Any police officer may become a senior police officer after 30 months' service by passing a pass /fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Positions The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter II—EMS —109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY09 -10 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. H \LEG -DI R\Li sa\2009 Ordinance \FY09 -10 Budget.doc —353— That the foregoing ordina ce was read for /t�he" first time and passed to its second reading on this the 11 day of 11�t,� , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney _ Nelda Martinez Larry Elizondo, Sr. l Mark Scott Kevin Kieschnick N That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 6, 2009 By: 0 dvA Lisa AguilakJAssistant City Attorney for City Attorney Joe Adame Mayor —354— As proposed AN ORDINANCE ADOPTING THE CITY OF CORPUS CHRISTI BUDGET FOR THE ENSUING FISCAL YEAR BEGINNING AUGUST 1, 2009; TO BE FILED WITH THE COUNTY CLERK; APPROPRIATING MONIES AS PROVIDED IN THE BUDGET; AND PROVIDING FOR SEVERANCE. WHEREAS, the City Manager of the City of Corpus Christi (City), pursuant to Article IV, Section 2 of the City Charter, did submit to the City Council a budget proposal (Budget Proposal) of the revenues of the City, and the expenses of conducting the affairs thereof for the ensuing fiscal year beginning August 1, 2009, and ending July 31, 2010, and which Budget Proposal had been compiled from detailed information from the several departments, divisions, offices of the City, in accordance with the City Charter provision referenced above; and WHEREAS, the members of the City Council have received and studied the City Manager's Budget Proposal and have called and held the proper hearing in accordance with Section 102.006, Texas Local Government Code, on the Budget Proposal; and WHEREAS, pursuant to Section 2(0, Article IV, of the City Charter of the City of Corpus Christi, Texas, the City Council must appropriate such sums of money as provided in the Budget. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Budget of the City of Corpus Christi, covering proposed expenditures amounting to $651,030401 $651,132,401 and estimated revenues amounting to $646,432,452 $646,534,452 for the Fiscal Year beginning August 1, 2009, and ending July 31, 2010, as submitted by the City Manager, with modifications directed by the City Council and recorded in its minutes being incorporated by reference, is adopted. SECTION 2. That upon the passage of this ordinance certain sums of money from all sources of City revenues, as described in the Budget, shall be and they are appropriated to cover the sums for expenditures and investments as provided for each of the several funds in the Budget, as modified by the City Council. Notwithstanding any other provision to the contrary, the City Manager is authorized to make transfers within departments, divisions, purposes, or funds, provided it is in accordance with applicable law. SECTION 3. Police Officer Positions The number of positions budgeted for each police officer classification in the Police Department shall be: H: \LEG- DIR \Lisa\2009 Ordinance \FY09 -10 Budgetv2.doc —355— Police officer and senior police officer - 392* Police Lieutenant - 36 Police Captain - 15 Police Commander - 6 Assistant Police Chief - 1 Police Chief - 1 FY09 -10 TOTAL 451 * These positions are interchangeable. Any police officer may become a senior police officer after 30 months' service by passing a pass /fail exam. This number may be temporarily increased by graduates from a police academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 4. Firefighter Positions The number of positions budgeted for each firefighter classification in the Fire Department shall be: Firefighter - 134* Firefighter 11 —EMS — 109 Firefighter II — Engineer - 73 Fire Captain - 82 Battalion Chief - 10 Assistant Fire Chief - 4 Deputy Fire Chief - 1 Fire Chief - 1 FY09 -10 TOTAL 414 *This number may be temporarily increased by graduates from a fire academy authorized by the City Manager, which temporary increase shall be reduced to authorized strength through attrition. SECTION 5. That upon final passage of this budget ordinance, a true certified copy of this same ordinance shall be transmitted by the City Manager to the County Clerk of Nueces County, Texas, pursuant to Section 102.011, Texas Local Government Code. The budget shall also be part of the archives of the City. SECTION 6. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision in this ordinance be given full force and effect for its purpose. H: \LEG- DIR \Lisa\2009 Ordinance \FY09 -10 Budgetv2.doc —356— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form:July 22, 2009 By: l.�ii r 7�zn�.C2 Lisa Agu Imo, Assistant City Attorney for City Attorney Joe Adame Mayor —357— ORDINANCE TO RATIFY INCREASE OF $2,971,452 IN PROPERTY TAX REVENUES FROM LAST YEAR'S OPERATING BUDGET AS REFLECTED IN THE 2009 -2010 OPERATING BUDGET. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Council ratifies the increase of $2,971,452 in property tax revenues from last year's operating budget as reflected in the 2009 -2010 Operating Budget. —358— That the foregoing ordinance was read foythe first time and passed to its second i , 2009, by the following vote: reading on this the 14- day of Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez /� Larry Elizondo, Sr. ' Mark Scott 4b S t L Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: By: c�irc Lisa Aguilar , (Msistant City Attorney for City Attorney Joe Adame Mayor . 1, 2 oc —359— 28 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 07/14/09 AGENDA ITEM: AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, REVISING SECTION 39 -303 TO INCLUDE PAY ADJUSTMENT FOR COMMERCIAL DRIVER'S LICENSE (CDL) IN PAY PLAN 100, UPDATE MINIMUM WAGE IN PAY PLAN 200, ADJUST POLICE MANAGEMENT PAY RANGE IN PAY PLAN 300, ADD PROVISION TO MAINTAIN 5% DIFFERENTIAL ABOVE EMPLOYEES SUPERVISED BY SELECT POSITIONS IN PAY PLAN 400, MODIFY WORK COORDINATOR CAREER LADDER MAXIMUM PAY RANGES, CHANGE PAY GRADES IN PAY PLAN 1000; REVISING SECTION 39 -304, CLASSIFIED SERVICE DEFINED TO CLARIFY PAY PLANS EXEMPT FROM CLASSIFIED SERVICE; REVISING SECTIONS 39 -337 AND 39 -352 TO CLARIFY USE OF SICK LEAVE CONSISTENT WITH THE FAMILY AND MEDICAL LEAVE ACT (FMLA); REVISING SECTION 39 -362 TO CLARIFY THAT PRIOR SERVICE OF A TEMPORARY EMPLOYEE SHALL NOT BE CONSIDERED AND RECOGNITION OF PRIOR SERVICE AFTER COMPLETION OF PROBATIONARY PERIOD; ADDING SECTION 39 -368 CATASTROPHIC LEAVE PROGRAM; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. ISSUE: Proposed Revisions to Chapter 39 of the City Of Corpus Christi's Code of Ordinances to Reflect Proposed Pay Increases, Pay Plan Changes, and Revisions to Language Each year a "housekeeping" Ordinance is prepared for the City Council to: ➢ Revise Pay Plans in Code of Ordinances, Chapter 39, Personnel Sec. 39 -303 Standard Classifications Pay Grades and Ranges to reflect pay structure changes, pay increases for Municipal Court Judges, where recommended, and to include or exclude Council- Appointed positions, as directed by the City Council; ➢ Revise language in Code of Ordinances, Chapter 39, Personnel if any, to clarify, add, delete, or update administrative rules and provisions related to compensation, classification, benefits, etc. See Background Information Section for proposed revisions. -363- REQUIRED COUNCIL ACTION: Requesting City Council approval of revisions to the City of Corpus Christi's Code of Ordinances, as amended, Chapter 39, Personnel for administration of the Compensation & Classification Plan for FY 2009 -2010. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: It is recommended that the City Council approve the proposed revisions to the Code of Ordinances, Chapter 39, Personnel for FY 2009 -2010. Attachments -364- Cyntkfa C. Garcia Director of Human Resources cynthiag ©cctexas.com 361 - 826 -3306 BACKGROUND INFORMATION I. Proposed Revisions To Chapter 39 of the City's Code of Ordinances: Article III: Section 303 Standard Classifications, Pay Grades, and Ranges • Revises Pay Plan 100 Skill -Based Pay rates to include the pay adjustment for Commercial Driver's License (CDL). • Update minimum wage effective 07/24/09. • Adjust Police Managerial to maintain 5% differential from Police contract pay schedule. • Add provision to maintain salaries for select positions in Pay Plan 400 (Grade 423 Deputy City Manager, Grade 422 Assistant Police Chief and 15t Assistant Fire Chief, Grade 421 Assistant City Manager, Grade 420 City Attorney and Director of Water Operations, Grade 419 Director, Grade 418 Deputy Director, Grade 417 Assistant Director) at a minimum of five percent (5 %) above the salary of the highest paid employee whom they supervise in their department. • Correct Pay Plan 600 Work Coordinator Career Ladder maximums of pay ranges. • Change grade code in Pay Plan 1000 Engineers /Engineering Services Section 304 Classified Service Defined • Clarify definition to address new Pay Plan HTH (Health District) employees Section 337 Plan I Use of Sick Leave, and Section 352 Plan II Use of Sick Leave • Clarifying use of sick leave for a qualifying family member. • Excluding a qualifying exigency, which was recently added to the federal Family and Medical Leave Act Section 362 Prior Service Credit • Clarifying that prior service of a temporary employee shall not be considered. • Reorganization of language for clarification purposes • Adding provision to grandfather part-time employees who have coverage as of 07/31/08 to continue participation. New Section 368 Catastrophic Leave Program • Adding a provision to allow the City Manager, or designee, to develop a Catastrophic Leave Program. • Provides employees an opportunity to donate sick leave hours accrued for use by employees with catastrophic illnesses or injuries, who have exhausted all accrued paid leave due to the illness or injury. -365- 11. Compensation and Classification — For Information Only, No Additional Changes Proposed a. Compensation and Classification Study in 2001 -2002 In FY 2002 -2003, the City of Corpus Christi successfully implemented the Compensation & Classification Study conducted in FY 2001 -2002 to meet departmental business objectives, such as: > Replacing the City's aging, obsolete system; > Attracting and retaining qualified employees; > Supporting re- engineering efforts for the Departments of Water, Wastewater, Storm Water, Gas, Streets, Solid Waste Services, and the Park Maintenance Division through development and implementation of skill -based pay systems; > Providing solutions for citywide compensation issues such as, internal equity of jobs within designated pay grade levels; > Designing competitive pay plans; > Providing the Council with an affordable phased -in implementation plan that began FY 2002 -2003. The City of Corpus Christi's goal is to reach 100% of competitive labor market rate for like positions with a phased -in approach, as guided by annual surveys. b. Phase I Implementation in FY 2002 -2003 In FY 2002 -2003, the new Compensation and Classification Plan was implemented. Most employees received a pay increase based on a pay range in each pay plan that was adjusted to reflect a mid -point pay level that was approximately 90% of the competitive labor market rate. In the transition in FY 2002 -2003 of employees into the new Pay Plans, 86% of the implementation dollars went to Non - exempt (overtime eligible) employees largely due to bringing eligible employees up to the minimum of the new pay plan ranges. Other employees received pay adjustments ranging from 1% to 2.3% based on a combination of longevity and location of their pay in the new ranges at time of transition. c. Phase II Implementation in FY 2003 -2004 Effective July 28, 2003, all Pay Plan Structures in Sec. 39 -303 of the City of Corpus Christi's Code of Ordinances received a 3% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and a 2% increase to maximums needed to maintain market at 100 %. Employees in those Pay Plans were granted a 3% pay increase, except for employees at the maximums of their pay ranges who received a 2% pay increase and remained at the maximum of the range as a result of the increases. Effective December 1, 2003, all Pay Plan Structures in Sec. 39 -303 received a 2% increase to pay range minimums and midpoints to adjust the structure from 90% to 93% of market, and 0% increase to maximums that were adjusted to 100% of market effective July 28, 2003. Employees in those Pay Plans were granted a 2% pay increase, except for employees who had reached the maximums of their pay ranges and had been at 100% of market since July 28, 2003. -366- d. Phase III Implementation in FY 2004 -2005 Effective July 26, 2004, a 3% pay increase was concurrently implemented as follows: (1) granted to employees assigned to Pay Plan Structures in Section 39 -303 of the City's Code of Ordinances, and (2) granted to minimums and maximums of pay structure ranges to all Pay Plans in Section 39 -303. This increase was applied to Council Appointed Positions. e. Phase IV Implementation in FY 2005 -2006 Effective August 8, 2005, (1) non - exempt employees in Pay Plan 100 Skill Based Pay and Pay Plan 900 Non - Exempt (Overtime Eligible) in Section 39 -303 of the City's Code of Ordinances, were granted a 2.25% pay increase, and (2) pay structure range minimums and maximums in the pay plans described above, were adjusted by 2.25 %, as well. f. Phase V Implementation in FY 2006 -2007 g. There was no adjustment to the pay plan ranges in the fiscal year budget for 2006 -2007, although the City continued to monitor its market position. Pay Structure and Pay Increases in FY 2007 -2008 The fiscal year budget 2007 -2008 provided effective August 6, 2007: (1) employees in Pay Plan 100 Skill Based Pay, Pay Plan 300 Police and Fire Managerial, Pay Plan 400 Executives, Pay Plan 500 (a) and (b) Legal /Attomeys, Play Plan 600 Exempt, Pay Plan 700 Information Technology, Pay Plan 800 lnformation Technology, Pay Plan 900 Non - Exempt, and Pay Plan 1000 Engineers /Engineering Services in Section 39 -303 of the City's Code of Ordinances were granted a 3.0% pay increase, and, (2) pay structure range minimums and maximums in the pay plans described in (1) above, except Pay Plans 700 and 800 Information Technology, were adjusted by 3.0% as well, in an effort to maintain market position. Midpoints for Pay Plans 700 and 800 Information Technology were recalculated to reflect the true midpoint, as all pay plans have. h. Pay Structure and Pay Increases in FY 2008 -2009 The fiscal year budget 2008 -2009 provided effective November 24, 2008: (1) employees in Pay Plan 100 Skill Based Pay, Pay Plan 300 Police and Fire Managerial, Pay Plan 400 Executives, Pay Plan 500 (b) Legal FLSA Overtime Eligible, Play Plan 600 Exempt, Pay Plan 900 Non - Exempt, and Pay Plan 1000 Engineers /Engineering Services in Section 39 -303 of the City's Code of Ordinances were granted a 2.5% pay increase, and, (3) pay structure range minimums and maximums in the pay plans described in (1) above, were adjusted by 2.5% as well, in an effort to maintain market position. i. Pay Structure and Pay Increases iag'VQ09 -2010 Police and Fire employees covered by Collective Bargaining Agreements will receive the negotiated 4% and 5% pay increases respectively. The City did conduct its annual market study, and monitors market position, which continues to lag the market in most areas. As directed by the City Council, the plan to move the Municipal Court Judge salaries to the City's midpoint continues, with the following increase schedule. Presiding Municipal Court Judge 11/24/08 2.5% - implemented 05/25/09 2.5% - implemented 08/17/09 2.5% 05/03/10 2.3% Municipal Court Judges 11/24/08 2.5% - implemented 02/16/09 3.5% - implemented 05/25/09 6.5% - implemented 08/17/09 2.5% 01/04/10 3.5% 05/03/10 4.9% III. Status of Skill -Based Pay Development and Implementation a. Pilot Project for Skill -Based Pay (SBP) for Water Production Technician (0. N. Stevens Water Plant) and Wastewater Treatment Technician (Wastewater Treatment Plants) Skill -Based Pay Programs support reengineering and the development of multi - skilled workers through rewarding employees who continuously learn and acquire increasingly complex core skills required for a department to meet its business objectives. The Skill -Based Pay (SBP) Pilot Project for Water Production Technician (0. N. Stevens Water Plant) and Wastewater Treatment Technician (all Wastewater Treatment Plants) was implemented on August 11, 2003. This Pilot effort provided opportunities to work through problems and issues to successfully implement and track employees' development. Approximately 90% of SBP training is received on the job. Skill -Based Pay programs reward employees with compensation based on attainment of core skills instead of position titles held. This type of compensation program supports re- engineering through development of highly skilled workers to operate complex facilities, such as the O.N. Stevens Water Plant and the multiple Wastewater Plants in Corpus Christi. Employee compensation is based on attainment of proficiency on sets of skills and meeting other pay advancement criteria, e.g. "Meets Expectations" Performance Evaluation and no disciplinary actions in specified time period. Pay advancements are automatic upon the -368- The Work Management System (MAXIMO) used by the Water and Wastewater Departments is being interfaced with the PeopleSoft Training Module in the City's Human Resources /Payroll System. Work Coordinators (supervisors), Planner /Schedulers, and Skill - Based Pay Coordinators work closely with employees and each other to ensure that training opportunities on required skills will be available. Computerized reports that track on- the -job training progress through Work Orders will facilitate administration of the Skill -Based Pay Program. The City of Corpus Christi's Skill -Based Pay Programs provide career opportunities for local high school or GED graduates to enter a career path, such as a Water Production Technician, Wastewater Treatment Plant Technician, or other titles that will result from continuation of skill -based pay development. Skill -Based Pay offers competitive wages for being multi - skilled in a complex area of City operations. In addition, the City's Pilot Skill - Based Pay System provides for hiring applicants above minimum of the range with demonstrated skills and a valid TCEQ license to operate a Water Production Plant or Wastewater Treatment Plant since skill proficiency determines compensation in a skill -based compensation plan. Effective June 28, 2004, the Water Distribution Technician, Wastewater Collections Technician and Water Supply Technician were rolled into the SBP program. b. Metro -Com Technician (Police /Fire /EMS Dispatchers) Implemented Effective April 19, 2004 With the pay check of April 19, 2004, the City of Corpus Christi's Police /Fire /EMS Dispatchers were transitioned from their existing Pay Plan into SBP with the new title of Metro -Com Technician. c. SBP for Storm Water and Gas Departments Effective February 7, 2005, the Gas Department went live on SBP with three tracks; Gas Construction Technician, Gas Operations and Measurement Technician, and Gas Service Maintenance Technician. The Stomi Water Department went live with one track, Storm Water M &O Technician. d. SBP Implementations in FY 2007 -2008 The Parks & Recreation Department implemented skill based pay for Park Operations — Park Operations Technician, Park Construction Technician, Horticulture Technician, and Irrigation Technician. e. SBP Implementations in FY 2008 -2009 Streets and Solid Waste Services had been planned for implementation in FY 2008 -2009 however this remains pending. f. Planned SBP Implementations in FY 2008 -2009 There are no departments scheduled for SBP implementation in FY 2009 -2010 due to budget constraints. -369- IV. Status of Competency Based Career Ladders • IT Career Ladder implemented in January 2005, being revised August 1, 2008. • Work Coordinator Career Ladder implemented September 1, 2006. • Identification Career Ladder implemented February 19, 2007 for Police Department Multi Media Specialist, Crime Scene Investigator and Examiner, and revised November 2007. • City Attomey Career Ladder was implemented effective August 1, 2008. • Municipal Court Judge Career Ladder is being developed. • Engineer Career Ladder is being developed. The City continues to evaluate each pay plan to see which program is most appropriate for the function, Skill Based Pay or Competency Based Career Ladders. -370- Page 1 of 11 ORDINANCE AMENDING CODE OF ORDINANCES, CHAPTER 39, PERSONNEL, ARTICLE III EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM, REVISING SECTION 39 -303 TO INCLUDE PAY ADJUSTMENT FOR COMMERCIAL DRIVER'S LICENSE (CDL) IN PAY PLAN 100, UPDATE MINIMUM WAGE IN PAY PLAN 200, ADJUST POLICE MANAGEMENT PAY RANGE IN PAY PLAN 300, ADD PROVISION TO MAINTAIN 5% DIFFERENTIAL ABOVE EMPLOYEES SUPERVISED BY SELECT POSITIONS IN PAY PLAN 400, MODIFY WORK COORDINATOR CAREER LADDER MAXIMUM PAY RANGES, CHANGE PAY GRADES IN PAY PLAN 1000; REVISING SECTION 39 -304, CLASSIFIED SERVICE DEFINED TO CLARIFY PAY PLANS EXEMPT FROM CLASSIFIED SERVICE; REVISING SECTIONS 39 -337 AND 39 -352 TO CLARIFY USE OF SICK LEAVE CONSISTENT WITH THE FAMILY AND MEDICAL LEAVE ACT (FMLA); REVISING SECTION 39 -362 TO CLARIFY THAT PRIOR SERVICE OF A TEMPORARY EMPLOYEE SHALL NOT BE CONSIDERED AND RECOGNITION OF PRIOR SERVICE AFTER COMPLETION OF PROBATIONARY PERIOD; ADDING SECTION 39 -368 CATASTROPHIC LEAVE PROGRAM; REPEALING ALL OTHER ORDINANCES, AND RULES, OR PARTS OF ORDINANCES AND RULES, IN CONFLICT WITH THIS ORDINANCE; PROVIDING FOR EFFECTIVE DATE AND PROVIDING FOR SEVERANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -303, is amended to read as follows: ARTICLE III. EMPLOYEE COMPENSATION AND CLASSIFICATION SYSTEM Sec. 39 -303. Standard classifications, pay grades, and ranges. (a) Classifications. The classifications of employees of the city, as set forth in this section, will include: Pay Plan 100 Skill -Based Pay (FLSA Overtime Eligible); Pay Plan 200 Temporary (FLSA Overtime Eligible); Pay Plan 300 Police and Fire Managerial (Salaries not covered in Collective Bargaining Agreements or in Executive Pay Plan 400); Pay Plan 400 Executives (FLSA Overtime Ineligible); Pay Plan 500(a) Legal (FLSA Overtime Ineligible); Pay Plan 500(b) Legal (FLSA Overtime Eligible); Pay Plan 600 Exempt (FLSA Overtime Ineligible); Pay Plan 700 Information Technology (FLSA Overtime Eligible); Pay Plan 800 Information Technology (FLSA Overtime Ineligible); Pay Plan 900 Non - Exempt (FLSA Overtime Eligible); Pay Plan 1000 Engineers /Engineering Services (FLSA Overtime Ineligible); Pay Plan HTH Health District (FLSA Overtime Eligible /FLSA Overtime Ineligible). —371— Page 2 of 11 (b) Pay Plan 100. Skill -Based Pay Plan 100 includes pay range structures established for administration of the Skill -Based Pay System. The city manager is authorized to add Skill - Based Pay Range Structures and training programs throughout the fiscal year as job titles are consolidated and transitioned from existing pay plans in Chapter 39, Section 39 -303 into Skill -Based Pay Plan 100. The pay grades and ranges for positions in Skill -Based Pay Plan 100 are as follows: Pay Plan 100 Skill -Based Pay FLSA Overtime Eligible 2.5% Effective 11/24/2008 Note: Second rate per sub -zone, if listed, is the rate for employees in the sub -zone who have a CDL, and meet all other requirements of City drivers. Y£? rr ° mss 7 'e3+ s '„ ' ' ?`� =d. s.�r"d%'i7 101, 102, 104 105, 106, 107, 108 Pf heY f$j .^' ..q"yy_ " q Y3 . A 5'.py;g5q (Metro -Com Technician) : -4sb (Parks and Recreation Operations) added 8/1/2008 1 1.0 $17,065 $29,012 $17,065 1 1.1 17,408 29,882 17,408 1 1.2 17,755 17,755 1 1.3 18,465 18,465 1 1.4 19,203 19,203 1 1.5 19,970 2 2.1 21,169 31,078 21,169 2 2.2 22,440 31,699 22,440 2 2.3 23,786 32,333 23,786 2 2.4 25,213 32,979 25,213 29,370 2 2.5 26,725 33,639 26,725 30.888 2 2.6 28,329 32,490 34,312 2 2.7 30,029 34.195 3 3.1 32,432 36,247 38,429 32,432 36,247 3 3.2 35,026 38.422 43,040 35,026 38,422 3 3.3 37,829 40.343 48,206 37,829 40,343 3 3.4 40,854 42,36Q 51,438 40,854 42.360 3 3.5 45,758 -372- Page 3 of 11 3 3.6 51,248 3 *3.7 58,091 * Sub -zone 3.7 applies to grades 101 and 102 only. This includes a 2.5 per cent adjustment to step pay rates to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 100 effective 11/24/2008. Second rate per sub -zone, if listed, effective 8/3/2009. (c) Pay Plan 200. Pay Plan 200 includes hourly temporary positions that are not covered in the FLSA Overtime Eligible Pay Plan 900. The city manager is authorized to make changes to this pay throughout the fiscal year as required, such as for minimum wage changes as required by federal law. The pay grades and ranges for positions in Pay Plan 200 are as follows: Pay Plan 200 Temporary FLSA Overtime Eligible Effective 8/6/2007 8/3/2009 ,.. M myrn .; P � 1 .. ti xQ < *211 $ 6-55 7.25 $ 6-55 7.25 $ 6-55 725 * *212 7400 7.25 9.00 11.00 213 7.83 10.43 13.03 214 9.18 11.92 14.65 215 9.99 12.98 15.97 216 12.04 15.64 19.23 * Federal Minimum Wage increased to $7.25 on 7/24/2009. ** Adjusted to comply with state law and the pay received by election workers for other local entities. Grades 213 through 216: 3% increase effective 8/6/2007. (d) Pay Plan 300. Pay Plan 300 will include the management positions that are not covered in the collective bargaining agreements or Pay Plan 400 (Executives). Salary ranges in Police and Fire Managerial Pay Plan 300 will maintain a minimum five (5) per -373- Page 4 of 11 cent differential (1) between the range minimum for police commanders and fire assistant chiefs in the police and fire managerial Pay Plan 300 and the entry step for police captain and fire battalion chief as stated in the applicable contract; and (2) between the range maximum for police commanders and fire assistant chiefs in the Police and Fire Managerial Pay Plan 300 and the highest step for police captain and fire battalion chief as stated in the applicable contract. The city manager is authorized to make changes to this pay structure as required throughout the fiscal year to be in compliance with the effective salary ranges adopted in the applicable police and fire collective bargaining contracts. The pay grades and ranges for positions in Pay Plan 300 are as follows: Pay Plan 300 Police and Fire Managerial FLSA Overtime Eligible 3% Effective 8/6/2007 * Police Managerial ranges are adjusted to maintain a minimum five (5) per cent differential, effective 8,1442008 8/3/2009. This includes a 2.5 per cent pay increase for each employee in Pay Plan 300 effective 11/24/2008. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision - making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 2.5% Effective 11/24/2008 .'T..�>v� r�.'=KL.:: c l 'sib' F $ a $26,254 -.2,, s 2 _w lw..c 33,586 *311 $78,611 81,762 36,609 50,756 $81,647 86,222 40,107 $90,682 71,100 414 44,337 61,469 78,601 312 78,232 84,457 90,682 * Police Managerial ranges are adjusted to maintain a minimum five (5) per cent differential, effective 8,1442008 8/3/2009. This includes a 2.5 per cent pay increase for each employee in Pay Plan 300 effective 11/24/2008. (e) Pay Plan 400. Pay Plan 400 will include positions at the highest level of decision - making and responsibility. The pay grades and ranges for positions in Pay Plan 400 are as follows: Pay Plan 400 Executives FLSA Overtime Ineligible 2.5% Effective 11/24/2008 .'T..�>v� r�.'=KL.:: w .rN 410 $26,254 $34,096 $41,938 411 33,586 46,565 59,544 412 36,609 50,756 64,903 413 40,107 55,604 71,100 414 44,337 61,469 78,601 —374— Page 5 of 11 415 49,236 68,261 87,287 416 55,171 76,487 97,803 417 62,092 86,086 110,079 418 69,445 96,279 123,113 419 70,197 97,320 124,433 420 78,476 108,797 139,118 421 79,357 110,020 140,683 422 87,963 99,021 110,079 423 89,712 124,378 159,043 424 100,671 112,557 124,443 430 City Manager No Range This includes a 2.5 per cent range adjustment in address market position effective 11/24/2008, and a 2.5% pay increase for each employee in Pay Plan 400 effective 11/24/2008. The base salary of employees in the following positions of Pay Plan 400 Executives shall be maintained such that there is a minimum five percent (5 %) differential above the salary of the highest paid employee supervised in any lower grade position in their department(s). 423 Deputy City Manager 422 Assistant Police Chief, First Assistant Fire Chief 421 Assistant City Manager 420 City Attorney, Director of Water Operations 419 Director 418 Deputy Director 417 Assistant Director This minimum salary differential will be granted up to the maximum of the pay range, and will not exceed the maximum of the pay range. (g) Pay Plan 600. Pay Plan 600 will include all positions that may be designated as exempt from overtime under the FLSA except positions in Pay Plan 800 (Information Technology), Pay Plan 500 (Legal), Pay Plan 300 (Police and Fire Managerial), and Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 600 are as follows: —375— Page 6 of 11 Pay Plan 600 Exempt FLSA Overtime Ineligible 2.5% Effective 11/24/2008 This includes a 2.5 per cent range adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 600 effective 11/24/2008. Work Coordinator Career Ladder FLSA Overtime Ineligible 2.5% Effective 11/24/2008 Grade 630 e. V 4..a�: 'ad3'c.�e 611 $26,059 $35,673 $45,287 612 28,144 38,527 48,909 613 30,537 41,802 53,066 614 33,286 45,565 57,844 615 36,448 49,894 63,340 616 40,093 54,853 69,613 617 44,305 60,648 76,991 618 49,177 67,319 85,461 This includes a 2.5 per cent range adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 600 effective 11/24/2008. Work Coordinator Career Ladder FLSA Overtime Ineligible 2.5% Effective 11/24/2008 Grade 630 This includes a 2.5 per cent range ,adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 600 effective 11/24/2008. -376- e. Entry $48,046 $50,927 1 50,928 53,176 53,984 2 53,985 56,685 58,303 3 58,304 61,210 67,047 4 67,048 70,402 This includes a 2.5 per cent range ,adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 600 effective 11/24/2008. -376- Page 7 of 11 * * x (k) Pay Plan 1000. Pay Plan 1000 will include positions focused on delivery of engineering services, except those in Pay Plan 400 (Executives). The pay grades and ranges for positions in Pay Plan 1000 are as follows: Pay Plan 1000 Engineers /Engineering Services (FLSA Overtime Ineligible) 2.5% Effective 11/24/2008 x x This includes a 2.5 per cent range adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 1000 effective 11/24/2008. New grades effective 8/3/2009. SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -304, is amended to read as follows: Sec. 39 -304. Classified service defined. (a) The classified service includes all positions not exempted in this section. The following are exempt from the classified service and, therefore, are not covered by rules and regulations of the civil service board: (1) All positions within the following pay plans: Pay Plan 1000 (Engineers /Engineering Services), Pay Plans 800 and 700 (Information Technology), Pay Plan 600 (Exempt), Pay Plans 500(a) and (b)(Legal), Pay Plan 400 (Executives), and Pay Plan 300 (Police and Fire Managerial) and Exempt employees of Pay Plan HTH Health District. (2) All positions in the mayor's office, and all positions in the city secretary's office. —377— p 64 E01 $ $40,911 $ $55,868 $ $70,825 645 E02 4 45,001 6 61,601 7 78,202 646 E03 4 49,950 6 68,378 8 86,805 617 E04 5 55,446 7 75,900 9 96,353 646 E05 6 62,100 8 85,008 1 107,917 This includes a 2.5 per cent range adjustment to address market position effective 11/24/2008, and a 2.5 per cent pay increase for each employee in Pay Plan 1000 effective 11/24/2008. New grades effective 8/3/2009. SECTION 2. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -304, is amended to read as follows: Sec. 39 -304. Classified service defined. (a) The classified service includes all positions not exempted in this section. The following are exempt from the classified service and, therefore, are not covered by rules and regulations of the civil service board: (1) All positions within the following pay plans: Pay Plan 1000 (Engineers /Engineering Services), Pay Plans 800 and 700 (Information Technology), Pay Plan 600 (Exempt), Pay Plans 500(a) and (b)(Legal), Pay Plan 400 (Executives), and Pay Plan 300 (Police and Fire Managerial) and Exempt employees of Pay Plan HTH Health District. (2) All positions in the mayor's office, and all positions in the city secretary's office. —377— Page 8 of 11 (3) Any position that functions as the principal secretary or assistant to the city manager, assistant city manager, executive director, municipal court judge, department director, assistant department director, city secretary, city attorney, assistant city attorney. (4) Temporary employees. (5) All members of the police and fire collective bargaining unit. (b) Any employee serving in a position not included in the classified services serves at will, at the pleasure of the city manager (or the city council if appointed by the city council), and will have and continue such at -will status notwithstanding any other ordinance, rule, or regulation of the city. No officer or employee of the city may waive or modify the at -will status of any position described in this section. Provided, however, police and fire positions are governed by collective bargaining agreements and state law as to job status. SECTION 3. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -337, is amended to read as follows: Sec. 39 -337. Plan I use of sick leave. Plan I employees can use accrued sick leave for the following purposes: (1) the serious medical condition of a qualifying immediate family member as defined in city-policy the FMLA (2) FMLA for eligible employees who meet the eligibility requirements of the federal law, with the exception of a qualifying exigency; and (3) other medically related purposes that are not covered by FMLA leave. Granting the use of paid sick leave is at the discretion of the department head or designee, and may be denied if the employee's leave is unauthorized or sick leave is abused. SECTION 4. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -352, is amended to read as follows: Sec. 39 -352. Plan II use of sick leave. Plan II employees can use accrued sick leave for the following purposes: (1) the serious medical condition of a qualifying immediate family member as defined in city - policy the FMLA (2) FMLA for eligible employees who meet the eligibility requirements of the federal law, with the exception of a qualifying exigency; and (3) other medically related purposes that are not covered by FMLA leave. Granting the use of paid sick leave is at the discretion of the department head or designee, and may be denied if the employee's leave is unauthorized or sick leave is abused. —378— Page 9 of 11 SECTION 5. Chapter 39, PERSONNEL, Article HI. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -362, is amended to read as follows: Sec. 39 -362. Prior service credit. (a) Leaves without pay of less than thirty (30) days shall not interrupt continuous service but shall be deducted for all other purposes. Absences of leave without pay in excess of thirty (30) days, except for disability leave and extended service with the Armed Forces of the United States, shall be deducted in computing total service but shall not serve to interrupt continuous service. In case of repeated one -day absences without leave, the city manager, or designee, may consider the service of the employee interrupted and shall have the personnel record of the employee show the same. (b) Upon interruption of service followed by reinstatement or return to duty, the continuous service date shall be the effective date of reinstatement or return to duty except as further provided in this section. (c) Prior service may be recognized for continuous service credit, but shall be reduced by the rate of one calendar month for each calendar month or part thereof absence, upon approval of the city manager, as recommended by the department head. The effective date of reinstatement shall be adjusted by the amount of prior service recognized An employee's last two (2) periods of employment, less service breaks, shall be used in calculating prior service credit. (d) Prior service of less than six (6) months, or prior service as a temporary employee, shall not be considered in computing continuous service credit. (e) Recognition of prior service for continuous service credit shall not be granted until satisfactory completion of probationary period. SECTION 6. Chapter 39, PERSONNEL, Article III. Employee Compensation and Classification System of the Code of Ordinances of the City of Corpus Christi, Texas, Section 39 -368, is added to read as follows: Section 39 -368 Catastrophic Leave Program The City Manager, or designee, is authorized to develop a Catastrophic Leave Prograrn to provide employees with the possibility of obtaining additional sick leave days to avoid loss —379— Page 10 of 11 of compensation due to a catastrophic illness or iniury when the employee has exhausted all accrued leave. SECTION 7. This Ordinance is effective upon final adoption by the City Council. Adjustments to salary ranges of Pay Plans within this Ordinance will become effective August 3, 2009, as indicated on individual Pay Plans in Section 39 -303 of the Code of Ordinances. SECTION 8. 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. —380— Page 11 of 11 That the fore o/ing ordinance wa �rre( ,dAfor the first time and passed to its second reading on this the (r day of �� ' , 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick Priscilla Leal John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry R. Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary Joe Adame Mayor APPROVED AS TO FORM 1 u l L! (0 2009 Jennifer A. Knox - Walker Assistant City Attorney for City Attorney —381— 29 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: July 28, 2009 AGENDA ITEM: a. Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 53 regarding parking fines; providing for penalties; and providing for publication b. Motion to amend Section 1 of the Ordinance Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, Regarding Water, Gas, and Wastewater Rates and Fees, passed on first reading on July 14, 2009, by revising Section 55- 50(a)(1)b. c. Second Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, regarding water, gas and wastewater rates and fees, providing an effective date. (First Reading — 7/14/09). d. Second Reading Ordinance — Amending Section 55 -7, "Local Exchange Access Line 9 -1 -1 Service Fee," of the Code of Ordinances, by increasing the service fees of residential, business, and business trunk local exchange access lines; providing for an effective date; and providing for publication. (First Reading — 7/14/09) e. Second Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 29 Municipal Court, regarding Juvenile Case Manager Fee increase; and providing for publication. (First Reading — 7/14/09) f. Second Reading Ordinance — Amending the Code of Ordinances, Chapter 21, Article 1, Section 21 -1 by revising the definition for "Can Account"; amending Article IV, Section 21 -40(a) by revising Solid Waste resource recovery fees and enacting a residential cart collection fee; amending Article IV, Sections 21 -47(a) and (b) by revising the State Agency reference and the Municipal Solid Waste System service charges; providing for an effective date; providing for publication, and providing for penalties. (First Reading — 7/14/09) g. Second Reading Ordinance — Revising Section 55- 70(9), Code of Ordinances, City of Corpus Christi, to increase water tap fees; providing for penalties; and providing for publication. (First Reading — 7/14/09) -385- ISSUE: ISSUE: The Proposed FY 2009 -10 Budget includes estimated revenues generated from increased fees /rates and new fees /rates necessary to fund specific projects and /or cover existing operating costs. PREVIOUS COUNCIL ACTION: July 14, 2009 — First Reading RECOMMENDATION: Approval of the ordinances as presented. Attachments —386— Eddie Houlihan Assistant Director of Management & Budget EddieHo@cctexas.com 826 -3792 BACKGROUND INFORMATION Agenda item 26(a) regarding increasing parking fines was added after the first reading of the Proposed Budget to recover our costs and to create additional General Fund revenue. Agenda item 26(b) was also added after the first reading of the Proposed Budget. The main purpose of this item is to put a cap on the monthly volume of water that unmetered customers can withdraw from Lake Corpus Christi. —387— 1 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 53 REGARDING PARKING FINES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; PROVIDING AN EFFECTIVE DATE; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi Code of Ordinances, Chapter 53, Traffic, Article III Enforcement and Compliance, Division 2, Penalties and Impoundment, Section 53 -55 Penalties, is amended to read as follows: "Sec. 53 -55. Penalties. "(a) Unless another penalty is expressly provided by law, every person convicted of a violation of any provision of this chapter shall be punished by a fine of not less than twent -five dollars 25.00 nor more than two hundred dollars ($200.00). "(b) Unless another penalty is expressly provided by law, every person convicted of a violation of any of the provisions of sections 53 -180 through 53 -199, shall be punished by a fine of not less than five - dollars- ($5.00) twentv -five dollars ($25.00) nor more than two hundred dollars ($200.00); provided, however if the fine prescribed in this subsection is not paid or an appearance is made with a plea entered to have the case heard in municipal court within ten (10) days of the date of the alleged violation, then and in that event, said fine shall be not less than ten dollars ($10.001 thirty five dollars ($35.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: Category Parking meters and time zones: (1) Expired meter Fine Assessment After 10 days $ -5-09- $25.00 (2) Extending time beyond legal limit $ -5-00- $25.00 (3) Time zones $ -5.09- $25.00 $14-00 $35.00 $10-00 $35.00 $40:00 $35.00 "(c) Unless another penalty is expressly provided by law, every person convicted of a violation of the provisions of Article 6701d, Sections 95 and 96, Revised Civil Statutes, Texas Transportation Code Sections 545.302 and 545.303, shall be punished by a fine of not less than ten dollars ($10.00) thirty dollars ($30.00) nor more than two hundred dollars ($200.00); provided, however,' if the fine prescribed in this subsection is not paid or an appearance is made with a plea H:\ LEG- DIR \Lisa12009 Ordinance \Parking Fin ti8DOC 2 entered to have the case heard in municipal court within ten (10) days of the date of the alleged violation, then and in that event, said fine shall be not less than fifteen dollars ($15.00) forty dollars ($40.00) nor more than two hundred dollars ($200.00). The categories and fine assessments shall apply as follows: Category Fine Assessment After 10 Days Illegal zones: (1) Loading zone (time extension) 410.00 $30.00 $15.00 $40.00 (2) Loading zone (Noncommercial use) $49:00 $30.00 $45,00- $40.00 (3) Parked in bus stop $4808 $30.00 $45430- $40.00 (4) Blocking two meter spaces $40.00 $30.00 S15.00 $40.00 (5) Parking in taxi zone $10.00 $30.00 $45$40.00 (6) Over 18 inches from curb $49-00 $30.00 $15.00 $40.00 (7) Other $48:00 $30.00 $45 -00- $40.00 "Unless another penalty is expressly provided by law, every person convicted of a violation of any of the following categories shall be punished by a fine of not less than thirty -five dollars ($35.00)nor more than two hundred dollars ($200.00); provided, however, if the fine prescribed is not paid or an appearance is made with a plea entered to have the case heard in municipal court within ten(10) days of the date of the alleged violation, then and in that event, said fine shall be not less than forty -five dollars ($45.00). The categories and fine assessments shall apply as follows: Category Fine Assessment After 10 Days Safety zones: (1)No parking zone $15.00 $35.00 $25.00 $45.00 (2)Parking within 15 feet of fire hydrant $15.00 $35.00 $2540- $45.00 (3)Parking in fire zonc $45 -00- $25-00 (4)(3)- Blocking crosswalk $4540- $35.00 $25.00 $45.00 (5) (4- Blocking driveway $45.00- $35.00 $25.88- $45.00 (6) L5j Blocking sidewalk $45.507-$35.00 $25.00 $45.00 (7) (6)- Double parking $1 -540- $35.00 $25.00- $45.00 H: \LEG- DIR \Lisa\2009 Ordinance \Parking Fines ups Ili Opposite direction of travel 415.00 $35.00 $25 -00-- $45.00 3 "Every person convicted of a violation regarding parking in a fire zone shall be punished in accordance with Texas Occupations Code Section 2308.405, as amended. "Every person convicted of a violation regarding parking in a parking space or area for persons with disabilities shall be punished in accordance with Texas Transportation Code Chapter 681, Section 681.011, as amended. The penalty provisions of Texas Transportation Code Chapter 681 apply to violations regarding parking in parking space or area designated for persons with disabilities. Category Fino Assessment After 10 Days Handicapped parking zone: (1) Parking in handicapped space $50.00 $60.00 "(d) Whenever a person charged with a violation of any provision of the chapter, or of any provision of Article 6701d, Revised Civil Statutce, Texas Transportation Code as amended fails to pay the prescribed fine or fails to enter a plea, cntcr the cacc on the and it becomes necessary to issue a warrant for his or her arrest, then and in that event, an additional penalty shall be added to the fine prescribed for the violation as a warrant fee in the amount of ten - dollars ($1 0.00). fifty dollars ($50.00). Provided, however, the warrant fee may be waived in connection with amnesty programs approved by the city council." 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. A violation of this ordinance or requirements implemented hereunder shall constitute an offense, punishable as provided in Section 1 -6 of the City Code of Ordinances. H:\ LEG- DIR \Lisa\2009Ordinance \Parking Fines31304C 4 SECTION 4. 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 5. This Ordinance takes effect October 1, 2009. SECTION 6. 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 July, 2009. ATTEST: Armando Chapa, City Secretary Approved: July 22, 2009 By: ,..rrl . 44..41 Lisa Aguilar, • sistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Joe Adame, Mayor H: \LEG- DIR \Lisa\2009 OrdinanceParking FineseRQC Corpus Christi, Texas Day of , 2009 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, Joe Adame Mayor Council Members The above ordinance was passed by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott —392— Motion to amend Section 1 of the Ordinance Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, Utilities, Regarding Water, Gas, and Wastewater Rates and Fees, passed on first reading on July 14, 2009, by revising Section 55- 50(a)(1)b to read as follows: "Sec. 55 -50. Schedule. "(a) Base rates for water service. The rates for water service are as follows: (1) Monthly minimum charges. "b. Untreated water customers. —393— August 1,_2008 2009 to July 31, -2009 2010 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $382.631 Minimum monthly service charge for public agency for resale untreated water without a raw water supply contract executed after January 1, 19971 233.040 Minimum monthly service charge, industrial 382.631 Minimum monthly service charge, domestic — not 12.744 more than 12,000 gallons may be withdrawn from Lake Corpus Christi during any month —393— Minimum annual service charge, domestic — not 127.540 more than 12,000 gallons may be withdrawn from Lake Corpus Christi during any month Minimum monthly service Special2 charge for domestic or commercial use exceeding 12,000 gallons during any month Minimum monthly charge for public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $233.040, the customer shall be billed $233.040, unless a valid water supply contract between the customer and city that was executed prior to January 1, 1997, provides for a minimum annual payment. If a valid water supply contract between the customer and city executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. 2Rate to be determined by Director, Water Operations. —394— ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55, UTILITIES, REGARDING WATER, GAS AND WASTEWATER RATES AND FEES; PROVIDING FOR SEVERANCE; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 55 -50 of the Code of Ordinances is amended by revising it to read as follows: "Sec. 55 -50. Schedule of water rates. "(a) Base rates for water service. "The rates for water service are as follows: "(1) Monthly Minimum Charges "a. Metered Treated Water Customers "1. Inside City Limits Meter Size (Inches) August 1, August 1, 20084e July 31, 2009 to July 31, 2009 2010 Residential 5/8" - 3/4" $-8-55 $8.55 Commercial 5/8" - 3/4" 12.33 12.33 Residential & Commercial 1" 1850 18.50 1 -1/2" 33084 30.84 2" 61.67 61.67 3" $98 -67 $98.67 H \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —395— Meter Size (Inches) Augusts 20064e July 31, August 1, 2009 to July 31, 2009 2010 2010 4" 197.34 197.34 5/8" - 3/4" 6" 30645 308.35 Commercial 8" and larger 646.70 616.70 14.80 Large Volume Any size 46,028.00 16,028.00 1" "2. Outside City Limits Meter Size August 1, August 1, 2006 -te July 31, 2009 to July 31, 2000 2010 Residential 5/8" - 3/4" $ 10.26 $ 10.26 Commercial 5/8" - 3/4" 14.80 14.80 Residential & Commercial 1" 22 0 22.20 1 -1/2" 3700 37.01 2" 74:00 74.00 3" 118.41 118.40 4" $236:-84 $236.81 6" 370.02 370.02 H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —396— 2 Meter Size August August 1, 2088 -te July 31, 2009 to July 31, 2009 2010 Minimum monthly service charge, industrial 8" and larger 710.01 740.04 Minimum annual service charge, domestic 127.540 Large Volume Any size 26,711.00 26.744.00 "1 Mi without a raw water supply contract executed after January 1, 1997: If the charge based on the volume of water taken in a monthly billing period is less than $233.040 the customer shall be billed $233.040 unless a valid water supply contract between the customer and City that was executed prior to January 1, 1997, provides for a minimum "b. Untreated Water Customers H:\LEG -DI R \Lisa\2009 Ordinance \Utility rate.doc —397— 3 August 1, 2088 2009 to July 31, 2009 2010 Minimum monthly service charge, water districts/ municipalities with raw water supply contracts executed after January 1, 1997 $382.631 Minimum monthly service charge for Public Agency for Resale Untreated Water without a raw water supply contract executed after January 1, 19971 $233.040 Minimum monthly service charge, industrial 382.631 Minimum monthly service charge, domestic 12.744 Minimum annual service charge, domestic 127.540 H:\LEG -DI R \Lisa\2009 Ordinance \Utility rate.doc —397— 3 annual payment. If a valid water supply contract between the customer and City executed prior to August 1, 2000, provides for a minimum annual payment, the customer shall pay the minimum annual payment under the contract. "(2) Monthly Volume Charges Per 1,000 Gallons "a. Residential Rate "1. Inside City Limits *Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits H' \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —398— 4 August 1, 20084e -duly 3174009 August 1, 2009 to July 31, 2010 First 2,000 Gallons Minimum* Next 4,000 Gallons 2.795 2.898 Next 4,000 Gallons 3493 3.623 Next 5,000 Gallons 4.017 4.166 Next 15,000 Gallons 4.891 5.072 Next 20,000 Gallons 6439 6.159 Next 50,000 Gallons 6 -463 6.703 Over 100,000 Gallons 67 7.246 *Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits H' \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —398— 4 *Use the Minimum Charges in Subsection (a) (1). "b. Commercial Rate "1. Inside City Limits August 1, 2008 2009 to July 31, 2009 -2010 2008 First 2,000 Gallons Minimum* Next 4,000 Gallons 1.501 July 31, 2009 1.564 Next 4,000 Gallons 1.876 1.955 Next 5,000 Gallons 2.157 2.248 Next 15,000 Gallons 2.626 2.737 Next 20,000 Gallons 3.x-89 3.324 Next 50,000 Gallons 3.171 3.617 Over 100,000 Gallons 3.752 3.910 *Use the Minimum Charges in Subsection (a) (1). "b. Commercial Rate "1. Inside City Limits H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doe —399— 5 August 1, Augustly. 2009 2008 to to July 31, July 31, 2009 2010 H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doe —399— 5 6 First 2,000 Gallons ^,ter Minimum* 2007 to July 31, Over 2,000 Gallons $3.493 $3.623 2010 "* Use the Minimum Charges in Subsection (a)(1). "2. Outside City Limits "* Use the Minimum Charges in Subsection (a)(1). "c. Reserved" "d. Resale Treated Water Rates "1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: August 1, August 1, 2007 to July 31, 2009 to July 31, 2008 2010 First 2,000 Gallons Minimum* Minimum* Over 2,000 Gallons $4=876 $1.955 Minimum* "* Use the Minimum Charges in Subsection (a)(1). "c. Reserved" "d. Resale Treated Water Rates "1. Treated water rates purchased for resale where the water is taken and metered at the site of treatment are hereby set as follows: "* Use the Minimum Charges in Subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through City facilities are hereby set as follows; First 2,000 Gallons Minimum* Over 2,000 Gallons $4-506 H: \LEG•DIR\Lisa\2009 Ordinance \Utility rate.doc -400- August 1 August 1, 2007 2009 to July 31, to July 31, 2088 2010 First 2,000 Gallons M441411144FA* Minimum* Over 2,000 Gallons $.877 $.918 "* Use the Minimum Charges in Subsection (a)(1). 2. Treated water rates purchased for resale where the water is delivered to the resale entity through City facilities are hereby set as follows; First 2,000 Gallons Minimum* Over 2,000 Gallons $4-506 H: \LEG•DIR\Lisa\2009 Ordinance \Utility rate.doc -400- 7 $1.564 "" Use the Minimum Charges in Subsection (a) (1). "e. Large Volume Customers "A commercial customer who agrees to pay for a minimum of 10,000,000 gallons of treated water per month is considered a large volume customer. Once a customer has elected to become a large volume customer, the customer will be billed as a large volume customer until the customer notifies the City and requests reclassification as a commercial customer in writing. However, a commercial customer may not elect to become a large volume customer more than once in any 12 month period. "1. Inside City Limits se the Minimum Charges in Subsection (a)(1). "2. Outside City Limits August 1, August 1, 2008te July31, 2009 to July31, 2009 2010 First 10,000,000 Gallons "Midi,, * Minimum* Each Additional 1,000 Gallon $ 1.647 $1.940 se the Minimum Charges in Subsection (a)(1). "2. Outside City Limits se the Minimum Charges in Subsection (a)(1). H \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —401— August 1 August 1, 2008 to July 31, 2009 to July 31, 2089 2010 First 10,000,000 Gallons Milgi MUM= Minimum* Each Additional 1,000 Gallon $4.506 $ 1.564 se the Minimum Charges in Subsection (a)(1). H \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —401— 8 "f. Public Agency for Resale Untreated Water Rates "The rates for the purchase of untreated water purchased by a public agency, which does not have a raw water supply contract with the City executed after January 1,1997, is the average of the monthly raw water cost adjustments, established under subsection (b) of this section, for the period used to determine the composite cost of untreated water under the City's current contract with the public agency. "(b) Raw water cost adjustment (RWCA). In addition to the charges for the base rates for water service, established in subsection (a), a separate charge for the costs of raw water, the RWCA, will be added to each consumer's bill, except public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997. (A public agency for resale untreated water customer without a raw water supply contract executed after January 1, 1997, will pay the lower of the composite cost, as defined in its contract with the city or the rate for public agency for resale untreated water customers without a raw water supply contract executed after January 1, 1997, specified in subsection (a)(2)f. of this section.) The RWCA will be based on projected system -wide raw water sales. The RWCA will be calculated on an annual basis according to the following procedures: "(1) Use projected system -wide water sales based on historical consumption and projected growth. "(2) Include the annual budgeted cost of debt service. Bond payments, amortization of deferred losses on refundings, and other debt service costs shall be applied to the RWCA in the same proportion as the raw water activities proportion of the original bond proceeds. "(3) Include budgeted expenditures for purchases of water. "(4) Include purchases of water rights, amortized over the duration of the water right agreement. "(5) Budgeted expenditures for capital items shall be included as follows: "a. The expense of acquiring a capital item that costs not more than one hundred thousand dollars ($100,000.00) shall be charged in the year in which it is acquired. "b. The expense of acquiring a capital item that costs more than one hundred thousand dollars ($100,000.00) shall be amortized over the number of years used to calculate depreciation expenses, with the half - year convention used in the year of acquisition. "(6) All operating and maintenance expenditures shall be charged based on annual budgeted amounts. These expenditures include operation and maintenance of dams, reservoirs, pipelines, wells, pumping stations, and related interfund charges. H:LLEG•DI R \Lisa12009 Ordinance \Utility rate.doc —402— 9 "(7) All expenses for consultants, engineering, legal services, and administration shall be charged based on annual budgeted amounts in the proportion to which they apply to raw water issues. "(8) Expenses related to the acquisition and transportation of emergency water supplies shall be included in the RWCA for the following fiscal year, unless foreseen and budgeted in advance, in which case they are included in the year budgeted. "(9) Miscellaneous revenues related to raw water activity, such as oil and gas lease revenues and interest earned on debt service surety bonds, is applied as an offset based on annual budgeted amounts. "(11) Apply the credit for levelized Choke Canyon debt payments to city rate payers' projected water consumption, and deduct from their RWCA. (The escalating payment schedule on the Choke Canyon debt was levelized through the creation of a reserve fund. In the initial years, payments greater than the debt service were made, with the excess going into the reserve fund. This excess was paid through a rate surcharge on ICL and OCL metered treated water customers. Now that bond payments exceed the levelized payment amount, the reserve fund is drawn on to make up the difference. Since only ICL and OCL metered treated water customers participated in building the reserve fund, the drawing on the reserve fund is only credited to the RWCA assessed against ICL and OCL metered treated water customers. "(11) Include funds necessary to collect 1.35 times coverage on current annual debt service in order to improve the financial position and bond ratings of the City's water fund. "(12) Include funds necessary to establish and maintain an Operating Reserve fund with a target amount of 25% (or 3 monthsLof annual operating expenses for the fiscal year. "(13) Include funds necessary to establish and operate a Water Capital Reserve fund with a target amount of 2% of the respective annual water Capital Improvements Program for the fiscal year or $2,000,000 (whichever is greater). H: \LEG- DtR \Lisa12009 Ordinance \Utility rate.doc —403— 10 "(14) The minimum operating or capital reserves amounts are intended to provide for unplanned, unbudgeted expenses and revenue shortfalls and will not be used for routine expenses. "(15) At fiscal year end, determine the amount of over or under collections that have resulted from difference between budgeted and actual expenses and offsetting revenues and the difference between projected and actual volume of water sold. Any funds realized in excess of annual expenses are available for either supplementing minimum operating or capital reserves for addition to the capital funds for discretionary cash capital funding of the water utility, or to create and maintain a reserve to level out large fluctuations in raw water charges is authorized. Apply any remaining amount as an adjustment to the following fiscal year's RWCA. "(c) Definitions. "Costs of raw water is the total of all costs of acquiring, producing, storing, conserving, and transporting untreated water from its source to the City's treatment facility and all other points of diversion. These costs include, but are not limited to, the costs of: "Construction, including debt service, operation, and maintenance of dams and reservoirs. "Construction, including debt service, operation, and maintenance of raw water supply transmission pipelines. "Construction, including debt service, operation, and maintenance of wells "Construction, including debt service, operation, and maintenance of facilities capable of converting wastewater effluent, salt water, and brackish ground water into water suitable for municipal, industrial, or agricultural uses. "Acquisition of new water supplies and water rights. "Payments to the P.L. 104 -318 Alternative Water Supply Acquisition and Facilities Construction Special Fund. "Construction, operation, and maintenance of facilities to reduce water losses from water resources due to evaporation or the release of water from a reservoir due to the operation of law. "Acquisition and transportation of emergency water supplies, including the costs of transporting water by vessel or pipelines from other regions. "Water supply development and protection, including consultants' studies and reports, investigations, legal fees, court costs, and any other costs related to the development or protection of the water supply. H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —404— 11 Administrative costs, including overhead and the portion of the city's general administrative costs applicable to the activities enumerated in this definition." SECTION 2. The water rates established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2009. SECTION 3. Section 55 -61 of the Code of Ordinances is amended to include the classification of customers and schedule of gas rates, which shall read as follows: "Sec. 55 -61. Classification of customers and schedules of rates. "(a) RESIDENTIAL CUSTOMERS: "(1) Inside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) "Note: Rates do not include purchased gas adjustment and sales tax, where applicable H' \LEG- DIR \Lisa12009 Ordinance Utility rate.doc —405— Rate per MCF Monthly Consumption August 1, 2008 July 31, 2000 August 1, 2009 — July 31, 2010 Meter Charge $1.00 First 1 MCF 9.260 (Minimum Bill) 9.47 Next 2 MCF 5-1-95 5.30 Next 7 MCF 3.003 Next 3 MCF 3.06 Next 5 MCF 2.621 Next 4 MCF 2.98 Next 35 MCF 2.833 Next 20 MCF 2.89 Next 20 MCF 2.47 All over 50 MCF 2.011 2.05 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable H' \LEG- DIR \Lisa12009 Ordinance Utility rate.doc —405— 12 "b. Summer rates (from April Cycle 11 through November Cycle 10) "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) Monthly Consumption Rate per MCF Monthly Consumption August 1, 2008 July 31, 2009 August 1, 2009 —July 31, 2010 $1.25 Meter Charge $1.00 First 1 MCF (Minimum Bill) 9.260 9.47 Next 2 MCF 5495 5.30 Next 5 MCF 3.003 3.06 Next 3 MCF Next 2 MCF 1.507 Next 4 MCF 2.30 Next 28 MCF 1.460 Next 20 MCF 1.54 Next 20 MCF 1.50 All over 38 MCF All over 50 MCF 4.339 1.37 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits "a. Winter rates (from November Cycle 11 through April Cycle 10) Monthly Consumption August 1, 2008 July 31, 2000 August 1, 2009 — July 31, 2010 Meter Charge $1.25 First 1 MCF (Minimum Bill) 11.126 11.68 H: \LEG- DIR \Lisa\2009 Ordinance Utility rate.doc —406— 13 Monthly Consumption i _ !!: !!! - - , .. _ , August 1, 2009 — July 31, 2010 August 1, 2008 Jul 008 Next 2 MCF 5.821 5.94 $1.25 First 1 MCF Next 7 MCF 3.310 (Minimum Bill) Next 3 MCF 3.43 11.68 Next 10 MCF 3,142 5.824 Next 4 MCF 3.34 Next 20 MCF 3.24 Next 3 MCF Next 20 MCF 2,77 Next 30 MCF All over 50 MCF 2.181 Next 4 MCF 2.58 2.30 ote: Rates do not include purchased gas adjustment and sales tax, where applicable "b. Summer rates (from April Cycle 11 through November Cycle 10) H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —407— Rate per MCF Monthly Consumption August 1, 2008 Jul 008 August 1, 2009 — July 31, 2010 Meter Charge $1.25 First 1 MCF 44426 (Minimum Bill) 11.68 Next 2 MCF 5.824 5.94 Ncxt 5 MCF 3449 Next 3 MCF 3.43 Next 30 MCF 1.656 Next 4 MCF 2.58 H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —407— 14 Next 20 MCF 1.72 Monthly Consumption August 1, 2008 July 31, 2000 Next 20 MCF 1.68 August 1, 2009 — July 31, 2010 All 38 MCF 1.124 over All over 50 MCF 1.53 9.260 (Minimum Bill) "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(b) GENERAL RATE CUSTOMERS (commercial, industrial, & institutional) rates: "(1) Inside City Limits H \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doe —408— Rate per MCF Monthly Consumption August 1, 2008 July 31, 2000 August 1, 2009 — July 31, 2010 Meter Charge $12.02 First 1 MCF 9.260 (Minimum Bill) 9.69 Next 2 MCF 5.195 5.30 Next 7 MCF 1.853 Next 3 MCF 4.95 Next 4 MCF 4.86 Next 40 MCF 4.668 4.76 Next 50 MCF 2.014 2.05 Next 100 MCF 1.670 1.71 H \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doe —408— 15 Next 100 MCF 1.466 1.50 Monthly Consumption August 1, 2008 July 31, 2000 Next 700 MCF 1.403 Meter Charge 1.43 $15.02 First 1 MCF (Minimum Bill) Next 1,000 MCF 1.212 11.95 1.24 5.821 5.94 Next 13,000 MCF 1.090 1.11 5.54 All over 15,000 MCF 1.044 1.06 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —409— Rate per MCF Monthly Consumption August 1, 2008 July 31, 2000 August 1, 2009 — July 31, 2010 Meter Charge $15.02 First 1 MCF (Minimum Bill) 11.126 11.95 Next 2 MCF 5.821 5.94 Next-7--MCF Next 3 MCF 5,469 5.54 Next 4 MCF 5.44 Next 40 MCF 5.257 5.33 H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —409— 16 Next 50 MCF 2.181 2.30 August 1, 2008 July 31, 2000 August 1, 2009— July 31, 2010 Next 100 MCF 1.572 $1.00 First 1 MCF (Minimum Bill) 1.92 Next 100 MCF 2.000 1.68 Next 700 MCF 1.185 1.60 Next 1,000 MCF 1.212 1.39 Next 13,000 MCF 1:990 1.24 All over 15,000 MCF 1444 1.19 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(c) SEASONAL CUSTOMERS (partial year service) rates (all customers who have requested a cutoff and re- connection at the same location or for services to the same premises, including increases or reductions of the same premises, and which cutoff was not necessitated by reason of reconstruction of the building on the premises, shall be classified as seasonal customers, and in lieu of the rates applicable to residential customers, shall be charged and collected the following charge for gas furnished and delivered to the meters by the Gas Department of the City): "(1) Inside City Limits H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —410— Rate per MCF Monthly Consumption August 1, 2008 July 31, 2000 August 1, 2009— July 31, 2010 Meter Charge $1.00 First 1 MCF (Minimum Bill) 15.381 H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —410— 17 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits 15.71 Monthly Consumption August 1, 2008 July 31, 2009 Next 2 MCF 13.912 Meter Charge $1.25 14.19 18.179 18.87 Next 3 MCF 10.46 15.892 Ncxt 7 MCF Next 4 MCF 6.74 11.72 Next 7 MCF Next 4 MCF Next 30 MCF 2.833 Next 30 MCF 2.89 Next 20 MCF 2.47 All over 40 MCF 2.011 All over 50 MCF 2.05 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable "(2) Outside City Limits H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —411— Rate per MCF Monthly Consumption August 1, 2008 July 31, 2009 August 1, 2009 — July 31, 2010 Meter Charge $1.25 First 1 MCF (Minimum Bill) 18.179 18.87 Next 2 MCF 15.892 Ncxt 7 MCF 7.489 Next 3 MCF 11.72 Next 4 MCF 7.55 Next 30 MCF 3.132 H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —411— 18 Next 20 MCF 3.24 Monthly Consumption August 1, 2008 July 31, 2000 Next 20 MCF 2.77 Meter Charge $12.02 All over 50 MCF 2.30 (Min All 10 MCF 2.181 over "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(d) INCENTIVE AIR COOLING AND CONDITIONING RATE CUSTOMERS rates (limited to customers using less than 15,000 MCF per month annual average. All general rate customers that have installed total energy or have gas operated air cooling and air conditioning equipment, or both, and have an average used in MCF per month in the seven summer months that exceeds the five winter months in average use, when inspected and approved by the Gas Department, who request in writing to be billed in the summer months on the Summer Incentive Gas Rate Schedule starting with Cycle 11 in April and ending with the billing Cycle 10 in November shall be billed on the following rate schedule): "(1) Inside City Limits H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —412— Rate per MCF Monthly Consumption August 1, 2008 July 31, 2000 August 1, 2009 —July 31, 2010 Meter Charge $12.02 First 1 MCF Bill) 9.259 (Min First 1 MCF (Min Bill) 9.69 Next 2 MCF 5.191 5.30 Ncxt 7 MCF 4.853 Next 3 MCF 4.95 Next 4 MCF 4.29 Next 40 MCF 3.554 3.62 Next 150 MCF 1.507 H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —412— 19 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(2) Outside City Limits Monthly Consumption 1.54 August 1, 2009 — July 31, 20010 Next 300 MCF 1.103 First 1 MCF (Minimum Bill) 11:426 Next 100 MCF 1.43 Next 2 MCF 5.821 Next-500 1.212 -ARE€ 5.469 Next 700 MCF 1.24 5.54 Next 1000 MCF 1.11 4.80 1-090 Next 13 000 MCF 1.06 All over 15,000 MCF 14144 1.01 Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(2) Outside City Limits Monthly Consumption August 1, 2008 July 31, 2009 August 1, 2009 — July 31, 20010 Meter Charge $15.02 First 1 MCF (Minimum Bill) 11:426 11.95 Next 2 MCF 5.821 5.94 Next 7 MCF 5.469 Next 3 MCF 5.54 Next 4 MCF 4.80 Next 40 MCF 3.993 4.05 H: \LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —413— 20 Next 150 MCF 4,656 1.72 Next 100 MCF 1.60 Next-30-0-MCF 1.485 Ne00 -MCF 1.276 Next 700 MCF 1.39 Next 1000 MCF 1.24 Next 11,000 MCF 1.131 Next 13,000 MCF 1.19 All over 15,000 MCF 4-:944 1.13 "Note: Rates do not include purchased gas adjustment and sales tax, where applicable. "(e) PURCHASED GAS ADJUSTMENT. The rates in subsections (a), (b), (c), and (d) of this section are subject to gas cost adjustments as follows: Rates will be adjusted monthly by the City following the receipt of notice of the cost of gas from the supplier to pass on to the consumer the full amount of such cost adjusted for pressure base and gas loss & unaccounted -for factors. Additional fees and charges paid to the supplier, which are necessary for the City to receive the gas, shall be included in the cost of gas. All general rate customers, who consume over 15,000 MCF in one month, and who receive gas from the City's distribution system at the same pressure base at which the City receives the gas from its supplier (14.65 psi), shall be billed 2.05% less per MCF for purchased gas adjustment than the General Customer Rate Schedule. "(f) INTERRUPTIONS. Deliveries of gas to Commercial or Industrial customers may be interrupted or curtailed in case of shortage, or threatened shortage, of gas supply from any cause whatsoever, to conserve gas for residential and other human need customers served hereunder, according to all mandatory orders of governmental agencies having jurisdiction." SECTION 4. The gas rates established in Section 3 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2009. SECTION 5. Section 55 -100 of the Code of Ordinances is amended to include the classification of customers and schedule of wastewater rates, which shall read as follows: H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —414— 21 "Sec. 55 -100. Schedule. "(a) The monthly charge to be paid by users of sewer service furnished by the City's municipal sewer system, except as otherwise provided in Articles VII and XI of Chapter 55, shall be based on the amount of water used by the user according to the following rates: Classification Auguct 1, August 1, 2008 to July 31, 2009 to July 31, 2909 2010 Inside City Limits $--1-8,8-79 19.87 One - family minimum monthly charge (first 2,000 gallons) Inside City Limits $3.817 4.02 One - family per 1,000 gallons over 2,000 Inside City Limits 106.67 92.46 One - family maximum monthly charge (Up to 25,000 gallons) Outside City Limits 23499 24.84 One - family minimum monthly charge (first 2,000 gallons) Outside City Limits 7.634 8.47 One - family per 1,000 gallons over 2,000 Outside City Limits $199.181 194.81 One- family maximum monthly charge (Up to 25,000 gallons) H: \LEG -DI R \Lisa \2009 Ordinance \Utility rate. d oc —415— 22 Classification August 1, August 1, 2008 to 2009 to July 31, July 31, 2009 2010 Inside City Limits Commercial minimum monthly charge (first 2,000 gallons) 26.862 29.28 Inside City Limits Commercial per 1,000 gallons over 2,000 2.856 111 Outside City Limits Commercial minimum monthly charge (first 2,000 gallons) 43,578 36.60 Outside City Limits Commercial per 1,000 gallons over 2,000 $58 6.23 "(b) The amount of water used to compute the monthly bills to one family residential customers shall be computed on the basis of the "winter average" or "interim average" that is calculated under this subsection. (1) Definitions a. Winter Averaging Wastewater Charge Period -- the period of water and wastewater service during the three complete consecutive reading periods commencing on or after December 1 of each year. Using the three complete consecutive reading periods, the City shall establish monthly wastewater service charges for customers based upon their average monthly water consumption. The customer must receive wastewater service at one location during the three consecutive reading periods in order to establish a "winter average ". b. Winter Average -- The monthly wastewater usage established by the City of Corpus Christi during the "winter averaging wastewater charge period ". This usage is the basis for monthly billings which apply to service before and including July 31 of each year. Billings which apply to service H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —416— 23 after July 31 will reflect wastewater usages based on the previous "winter averaging wastewater charge period ". c. Interim Average -- The monthly wastewater usage established by the City for individual customers who have not established a "winter average ". The "interim average" shall be recalculated each year based on the total "winter average" consumption of all customers subject to winter averaging divided by the number of winter averaging customers, and shall be the basis for monthly billings until a "winter average" as defined in subsection (b)(1)b. of this section is established for the individual customer. d. Service Area -- the geographic region served by the City's wastewater system. (2) Winter Average Criteria a. "Winter Average" charges shall apply to one - family residential customers only. b. The "winter average" shall be based on a customer's average water consumption for three complete consecutive reading periods commencing with the customer's first reading period on or after December 1 of each year. c. The following method will be used to calculate a customer's "winter average ". 1. Add the three winter months water consumption to get total water consumption. "2. Divide three month usage amount by 3 to get winter average usage. Such winter average usage shall be limited to a maximum of 25,000 gallons. "d. Using the winter average usage, apply the applicable rates established in subsection (a) of this section to calculate the customer's wastewater bill for each month until a new average is established (or rates are changed. "e. New and Relocating Customers; Adjustments "1. Customers new to the service area, who have not established a "winter average ", shall be billed at the "interim average" rate. "2. Customers who are relocating within the service area, who established a "winter average" at their previous address, shall be billed at the "interim average" rate or their "winter average" rate at the previous address, whichever is less. H1LEG- DIR\Lisa\2009 Ordinance \Utility rate.doc —417— 24 "3. Customers who are relocating within the service, area, who have not established a "winter average" at their previous address, shall be billed at the "interim average" rate. "4. When a customer experiences a substantial increase in water or wastewater usage from hidden water leaks in the plumbing system during the winter average charge period, and if the customer can produce proof of repairs, the Director of Finance or the Director's designee may adjust the wastewater bill. "(3) Administrative change in rates. "a. Annually the City Manager shall calculate base revenues from single - family residential wastewater customers. Base revenues shall equal the prior year's actual revenues from single - family residential wastewater customers, adjusted for I subsequent actual rate increases, and for any increase in the single - family residential wastewater customer base. For this purpose, a year shall run from -June 1 through May 31. "b. The City Manager shall annually, based upon the Winter Average wastewater usage determined during the Winter Averaging Wastewater Charge Period, adjust the rate in the new fiscal year applied to each customer's winter average or interim average so that the Adjusted Rate will produce an amount equal to the base revenues. "(c) The rates established in subsection (a) of this section are based upon water consumption for wastewater service customers with wastewater characteristics of 562 parts per million or less by weight of chemical oxygen demand index, 250 parts per million or less by weight of biochemical oxygen demand index, and 250 parts per million or less by weight of suspended solids index. If the wastewater characteristics exceed any of these parameters shall pay an additional abnormal wastewater surcharges as provided in Section 55- 148." SECTION 6. The wastewater rates established in Section 5 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2009. SECTION 7. Section 55 -148 of the Code of Ordinances is amended to include the schedule of values used to determine the abnormal wastewater surcharges. Section 55- 148(a)(6) and (8) shall read as follows: "Sec. 55 -148. Fees. "(a) Abnormal wastewater surcharge. "(6) Computations of each surcharge, as applicable, shall be based on the following: "S =V x 8.34 x X x (COD -562) H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —418— 25 "S = V x 8.34 x Y x (BOD -250) "S = V x 8.34 x Z x (TSS -250) "S = Surcharge in dollars for the billing period. "V = Water consumption in millions of gallons during the billing period. "8.34 = Weight of water in pounds per gallon. "X = Unit charge in dollars per pound for COD as established subdivision (8) of this subsection. "Y = Unit charge in dollars per pound for BOD as established in subdivision (8) of this subsection. "Z = Unit charge in dollars per pound for TSS as established in subdivision (8) of this subsection. "COD = Chemical oxygen demand strength index in parts per million by weight, or mg /I. "BOD = Five -day biochemical oxygen demand strength index in parts per million by weight, or mg /I. "TSS = Total suspended solids strength index in parts per million by weight, or mg /I. "250 = Normal BOD and TSS strength in parts per million by weight, or mg /I. "562 = Normal COD strength in parts per million by weight, or mg /I. "(8) The values for X, Y, and Z used in subdivision (6) of this subsection to determine the abnormal wastewater surcharge are:" Value August August 1, 2008 1. 2009 to to July 31, July 31, 2099 2010 X (unit charge in dollars per pound of COD) $99000 $0.0000 Y (unit charge in dollars per pound of BOD) 04094 0.3369 H: \LEG- DIR \Lisa\2009 Ordinance \Utility rate.doc —419— 26 Z (unit charge in dollars per pound of TSS) 0-224-9 0.2419 SECTION 8. The values used to determine the abnormal wastewater surcharges established in Section 7 of this ordinance shall take effect and be applied against all service provided on or after the first day of August 2009. SECTION 9. 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 10. 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\2009 Ordinance \Utility rate.doc —420— That the foregoing ordinance was read for thgfirst time and passed to its second reading on this the _ J day of t- 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: 4- i ?`— By: Lisa Aguilart,.Assistant City Attorney for City Attorney day of , 2009. -421- Joe Adame Mayor AN ORDINANCE AMENDING SECTION 55 -7 "LOCAL EXCHANGE ACCESS LINE 9 -1 -1 SERVICE FEE," OF THE CODE OF ORDINANCES, BY INCREASING THE SERVICE FEES FOR RESIDENTIAL, BUSINESS AND BUSINESS TRUNK LOCAL EXCHANGE ACCESS LINES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55 -7 "Local exchange access line 9 -1 -1 service fee," of the Code of Ordinances, is amended to read as follows: "Sec. 55 -7. Local exchange access line 9 -1 -1 service fee. * * "(b) 9 -1 -1 emergency service fee. Each service supplier in the city shall collect a 9 -1 -1 emergency service fee of one dollar and twenty -five cents ($1.9025) per month for each residential local exchange access line; one dollar and twenty forty -five cents ($1.2945) per month for each business local exchange access line; and one dollar and twenty sixty cents ($1.2960) per month for each business trunk local exchange access line. The 9 -1 -1 emergency service fee shall be used only for costs attributable to equipment and personnel necessary to operate the city's public safety answering point. * ** SECTION 2. The fees established in Section 1 of this ordinance shall take effect and be applied against all service provided on or after August 1, 2009. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word, or provision hereof be given full force and effect for its purpose. SECTION 4. Publication will be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. —422— That t foregoing ordinance was read for the first time and passed to its second reading on this the /day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa Joe Adame City Secretary Mayor APPROVED as to form: June 27, 2009 By: sistant City Attorney For City Attorney —423— 1 ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 29 MUNICIPAL COURT, REGARDING JUVENILE CASE MANAGER FEE INCREASE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Section 29 -52 of the City of Corpus Christi Code of Ordinances is amended to increase the juvenile case manager fee as follows: "Sec. 29 -52. Juvenile case manager fee. (a) There is created a juvenile case manager fee pursuant to Article 102.0174 of the Texas Code of Criminal Procedure. (b) A defendant convicted of a fine -only misdemeanor offense in municipal court of record shall pay a three dollar ($3.00) five dollar ($5.00) juvenile case manager fee as a court cost. This fee does not apply to parking citations. (c) For purposes of this section, a person is considered convicted if: (1) A sentence is imposed on the defendant; or (2) The defendant receives deferred disposition, including deferred proceedings under Article 45.052 or 45.053 of the Texas Code of Criminal Procedure. (d) The municipal court of record judge is authorized to waive this fee in a case of financial hardship, for example, if a municipal court of record judge has determined that the defendant is indigent, or has insufficient resources or income, or is otherwise unable to pay all or part of the underlying fine or costs. (e) The municipal court of record administrator shall collect this cost of court and pay it to the city treasurer to be kept in a separate fund known as juvenile case manager fund. (f) The juvenile case manager fund may be used only to finance the salary and benefits of a juvenile case manager employed by the municipal court of record under Article 45.056 of the Texas Code of Criminal Procedure. (g) The municipal court of record, on approval of the city council, may employ (1) one or more full -time juvenile case managers to assist the court in administering the court's juvenile docket and in supervising its court orders in juvenile cases. (h) This fund shall be administered by or under the direction of the city council. (i) This fee applies only to conduct that occurs on or after January 1, 2006. H: \LEG- DIR \Lisa\2009 Ordinance\Juvenile C4sliktanager fee.DOC 2 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. This Ordinance takes effect on August 1, 2009. SECTION 4. 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\2009 Ordinance \Juvenile Ca/Manager fee.DOC That the foregoing ordinance was read f r the first time and passed to its second reading on this the day of t , 2009, by the following vote: Joe Adame Priscilla G. Leal Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick That the foregoing ordinance was read for the second time and passed finally on this the day of , 2009, by the following vote: Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick Priscilla G. Leal John E. Marez Nelda Martinez Mark Scott PASSED AND APPROVED, this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 2, 2009 By: �,in; Lisa Ag , Assistant City Attorney for City A orney Joe Adame Mayor —426— AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 21, ARTICLE I, SECTION 21 -1 BY REVISING THE DEFINITION FOR "CAN ACCOUNT;" AMENDING ARTICLE IV, SECTION 21 -40(a) BY REVISING SOLID WASTE RESOURCE RECOVERY FEES AND ENACTING A RESIDENTIAL CART COLLECTION FEE; AMENDING ARTICLE IV, SECTIONS 21 -47(a) and (b) BY REVISING THE STATE AGENCY REFERENCE AND THE MUNICIPAL SOLID WASTE SYSTEM SERVICE CHARGES; PROVIDING FOR AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The definition for "can account" in Chapter 21, Article I, Section 21 -1, of the Code of Ordinances is amended by revising the definition to read as follows: "Can account: A commercial or residential account sustemer who sets out its solid waste in conventional refuse receptacles or plastis-trash bags of less than-ninety-gager} 100 - gallon or less capacity for collection by a permitted solid waste hauler." SECTION 2. Chapter 21, Article IV, Section 21- 40(a), of the Code of Ordinances is amended by revising the resource recovery fees set out in the table in subsection (a), including enacting a double load fee for heavy brush /bulky items and a cart collection fee for customers that have more than one cart, and revising the subsection to read as follows: "Sec. 21-40. Charges - -For collection services within the City of Corpus Christi. "(a) The following charges apply to the collection of solid waste from solid waste services department customers located within the limits of the City of Corpus Christi. In addition to the charges listed below, each customer is liable for any applicable federal /state surcharges or fees specified in section 21 -20 and state and city taxes. The charges for collection services are: • Type Description Minimum Charge Per Month or Fraction Thereof Collection (1) One - family dwelling $15.91 (2) Two - family dwelling on one (1) water and/or gas meter $31.82 (3) Two - family dwelling on separate water and/or gas meters $15.91 each unit (4) Apartment $15.91 per unit —427— (5) One - family dwelling and single apartment on one (1) water and/or gas meter $31.82 (6) Apartment house, travel trailer park, or manufactured home park on one (1) water and/or gas meter $15.91 per unit (7) Apartment house, travel trailer park, or manufactured home park- - Each apartment, travel trailer pad, or manufactured home site on separate water and/or gas meter $15.91 per unit (8) Additional charge for rear door pickup on any type above $11.86 per unit (9) Additional loads of heavy brush or bulky item at time of scheduled heavy brush or bulky item collection 558.39 $64.13 per load (10) Surcharge for bulky item pickup $49:00 $11.00 per item (11) Special non - scheduled heavy brush, clean wood, waste, debris, or bulky items pickup, including pickup of heavy brush and debris set out more than two (2) weeks prior to the scheduled pickup or brush or debris that is a traffic, safety, or health hazard ffi Actual cost not to exceed $200.00 per load (12) Recycling containers: Each solid waste services customer account will pay a fee for recycling containers that will be refunded upon termination of the account and return of the recycling containers $ 6.00 per container (13) Surcharge for tires set out for collection $ 5.00 per tire (14) Garbage cart delivery fee -- assessed for every second and additional $10.00 per cart $2.00 per cart residential cart delivered and for every third commercial cart delivered per account (Commercial: maximum three carts) Monthly collection fee on second and additional residential carts "(b) * * SECTION 3. Chapter 21, Article IV, Sections 21 -47(a) and (b), of the Code of Ordinances is amended by revising the reference to the appropriate State agency and the municipal solid waste system service charges, and revising the subsection to read as follows: * "Sec. 21-47. Municipal solid waste system service charge. "(a) The municipal solid waste system service charge is designed to cover costs incurred by the city as a result of the generation of solid waste by businesses and industries within the city. The municipal solid waste system service charge covers several components: "(1) City street use, which covers some of the costs to repair city streets, curbs, and gutters due to damage from solid waste industry vehicles. Costs of repairs to federal and state highways are not included. EHord259.doc —428— Page 2 of 6 "(2) Landfill availability, which provides revenues to help recover the cost of ensuring the availability of permitted municipal landfills for use of solid waste generators located within the city. "(3) Solid waste management, which covers some of the costs incurred by the city associated with the city's litter control, code enforcement, and illegal dumping enforcement programs, some of the cost associated with the city's recycling, waste reduction, cash for trash, and household hazardous waste programs, education, recycling training, public awareness, and other solid waste programs, to help the city reach the forty (40) per cent diversion rate goal defined by the TNRCC Texas Commission on Environmental Quality. It also covers the cost of enforcing this chapter. "(b) The municipal solid waste system service charge for all waste collected is: EHord259.doc "(1) For customers located within the city, who are billed by their permitted solid waste hauler for hire by tonnage, the municipal solid waste system service charge is Gents- ($235) thirty -four dollars and fifty -seven cents ($34.57) per ton of waste. "(2) For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, the municipal solid waste system service charge is one dollar and eleven cents ($1.11) one dollar and forty cents ($1.40) per cubic yard of capacity each time the customer's dumpster is serviced. For customers located within the city, who are billed by their permitted solid waste hauler by the volume of the roll -off box and frequency of service, the municipal solid waste system service charge is three dollars and sixty -nine cents ($3.69) per cubic yard of capacity each time the customer's roll -off box is serviced. "(3) For customers located within the city, who are billed by their permitted solid waste hauler for hire by tonnage, if their permitted solid waste hauler for hire has a put or pay contract with the city and disposes the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with - nineteen dollars and forty -three cents ($19.43) for the portions of the charge that are collected through the hauler's acceptance fee. The municipal solid waste system service charge, with the credit, is cloven dollar& and ninety eight ccnte ($11.98) fifteen dollars and fourteen cents ($15.14) per ton of waste. —429— Page 3 of 6 "(4) For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, if their permitted solid waste hauler for hire has a put or pay contract with the city and disposes the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with forty -nine cents ($0.49) for the portions of the charge that are collected through the hauler's acceptance fee. The municipal solid waste system service charge, with the credit, is seventy two canto ($0.72) ninety -one cents ($0.91) per cubic yard of capacity each time the customer's dumpster is serviced. "(5) For customers within the city, who are billed by the permitted solid waste hauler for hire by tonnage, if their permitted solid waste hauler for hire pays the tipping rate published in subsection 21- 41(e)(2)a., the municipal solid waste system service charge will be credited with twenty -four dollars and thirty -three cents ($24.33) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is five - dollars -and eight - Gents- ($5 708) ten dollars and twenty -four cents ($10.24) per ton of waste. Except as provided in subsection (d) of this section, if the hauler pays the tipping fee at the time the hauler disposes of the solid waste, the municipal solid waste system service charge must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the department. "(6) For customers within the city, who are billed by the permitted solid waste hauler for hire by the volume of the dumpster and frequency of service, if their permitted solid waste hauler for hire pays the tipping rate published in subsection 21- 41(e)(2)a., the municipal solid waste system service charge will be credited with ninety cents ($0.90) one dollar and nine cents ($1.09) for the portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is twenty one cents ($0.21) thirty -one cents ($0.31) per cubic yard of capacity each time the customer's dumpster is serviced. Except as provided in subsection (d) of this section, if the hauler pays the tipping fee at the time the hauler disposes; of the solid waste, the municipal solid waste system service charge must be paid at the time the hauler disposes of the solid waste at the disposal site operated by the department. For customers located within the city, who are billed by their permitted solid waste hauler for hire by the volume of the roll -off box and frequency of service, if their permitted solid was hauler for hire has a put or pay contract with the city and disposes of the customer's solid waste at a disposal site operated by the department, the municipal solid waste system service charge will be credited with one dollar and twenty -nine cents ($1.29) for the portions of the charge that are EHord259.doc —430— Page 4 of 6 collected through the hauler's acceptance fee. The municipal solid waste system charge, with the credit, is two dollars and forty cents ($2.40) per cubic yard of capacity each time the customer's roll -off box is serviced. For customers located within the city, who are billed by their permitted solid waste hauler for hire by volume of the roll -off box and frequency of service, if their permitted solid waste hauler for hire pays the tipping rate published in section 21- 41(e)(2)a., the municipal solid waste system service charge will be credited two dollars and eighty -seven cents ($2.87) for portions of the charge that are collected through the tipping fee. The municipal solid waste system service charge, with the credit, is eighty -two cents ($0.82) per cubic yard of capacity each time the customer's roll -off box is serviced. "(7) For can account customers within the city the municipal solid waste system service charge is ($7.19) nine dollars and nine cents ($9.09) per collection by the permitted solid waste hauler for hire (which includes the city street use fee). "(8) For residential customers serviced by the department, the municipal solid -waste system - service- charge -is three -dollars- and-forty- two cents ($3.42) per month (which includes the city street use fee). "(9) For business and commercial customers serviced by the department, the municipal solid waste system service charge is four dollars and seventeen cents ($4.17) per month (which includes the city street use fee). "(c) SECTION 4. The provisions of this ordinance are effective on and after August 1, 2009. SECTION 5. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 6. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 7. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. EHord259.doc —431— Page 5 of 6 The fore g o n rdinance was r d f r the first time and passed to its second reading on this the / day of 6^ , 2009, by the following vote: Priscilla G. Leal No Joe Adame Chris N. Adler Brent Chesney Larry Elizondo, Sr. Kevin Kieschnick John E. Marez Nelda Martinez Mark Scott The foregoing ordinance was read for the second time and passed to its final reading on this the day of , 2009, by the following vote: Joe Adame Priscilla G. Leal. Chris N. Adler John E. Marez Brent Chesney Nelda Martinez Larry Elizondo, Sr. Mark Scott Kevin Kieschnick PASSED AND APPROVED this the day of , 2009. ATTEST: Armando Chapa City Secretary APPROVED as to form: July 8, 2009 Eliz• • -th R. Hundle Ass i ' ant City Attorney for the City Attorney EHord259.doc —432— Joe Adame Mayor Page 6 of 6 AN ORDINANCE REVISING SECTION 55- 70(9), CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, TO INCREASE WATER TAP FEES; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 55- 70(9), Code of Ordinances, is revised to read as follows: "Sec. 55 -70. Adoption of rules, regulations and water and gas fees. "The rules and regulations concerning the control, operation and administration of utility taps or service connections of water, gas and sewer utilities owned by the city and the regulations prescribing fees for utility taps or service connections are hereby adopted and approved as follows: "(9) Fee schedule, water: "(a) Inside city limits: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $389700 $254.00 $520.73 $432.73 3/4 inch 40,00 286780 $534.73 $446.73 1 inch 559.00 380 $679.14 $591.14 Over 1 inch Special* Special* Loops *, minimum 1236.00 $236.00 Meter moves *, minimum 157.00 157.00 *Denotes costs to be specified by the director of water utilities based on circumstances. "(b) Fees inside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. 2009 Water Tap Fee Ord 07072009 —433— 2 Size Fee 5/8 inch x 3/4 inch $448 -89 $591 -99 $160.65 $722.73 3/4 inch 12 $174.65 $174.65 61 -6:99 416.99 1 inch glaeGlar $576.73 $217.30 "(c) Outside city limits: Size Street Fee Easement Fee 5/8 inch x 3/4 inch $591 -99 $383,(49 $722.73 $561.73 427:99 $174.65 3/4 inch 61 -6:99 416.99 Speeial I $740.73 $576.73 1 inch 848.00 550.09 $968.14 $769.14 Over 1 inch Special* Special* Special* Loops *, minimum $354.00 $354.00 Meter moves *, minimum $84.00 184.00 *Denotes cost to be specified by the director of water utilities based on circumstances. "(d) Fees outside the city limits in subdivision in which the developer has installed the service lines when the subdivision was constructed. Size Fee 5/8 inch x 3/4 inch $49900 $160.65 3/4 inch 427:99 $174.65 1 inch Speeial I $217.30 2009 WATER TAP FEE ORD 07072009 -434- SECTION 2. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 3. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 4. 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. 2009 WATER TAP FEE ORD 07072009 —435— 3 That the foregoing ordiri ce was read for the first time and passed to its second reading on this the day of July, 2009, by the following vote: Priscilla Leal John E. Marez Nelda Martinez Mark Scott Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick That the foregoing ordinance was read for the the day of July, 2009, by the following Joe Adame Chris N. Adler Brent Chesney Larry R. Elizondo, Sr. Kevin Kieschnick PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: 7th day of July, 2009: R. ning First Assistant City Attorney For City Attomey 2009 WATER TAP FEE ORD 07072009 second time and passed finally on this vote: Priscilla Leal John E. Marez Nelda Martinez Mark Scott day of , 2009. —436— 4 Joe Adame Mayor