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Agenda Packet City Council - 05/13/2008
CITY COUNCIL AGENDA MAY 13, 2008 11:45 A.M. — Proclamation declaring May 13, 2008 as "Live Strong Day" Proclamation declaring May 14, 2008 as "Police Memorial Day" Proclamation declaring the week of May 11 -17, 2008 as "National Police Memorial Week" Proclamation declaring the week of May 10 -18, 2008 as "National Tourism Week" Proclamation declaring the month of May, 2008 as "Prader -Willi Syndrome Awareness Month" Proclamation declaring the month of May, 2008 as "Jewish American Heritage Month" AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 MAY 13, 2008 10:00 A.M. PUBLIC NOTICE - THE USE OF CELLULAR PHONES AND SOUND ACTIVATED PAGERS ARE PROHIBITED IN THE CITY COUNCIL CHAMBERS DURING MEETINGS OF THE CITY COUNCIL. Members of the audience will be provided an opportunity to address the Council at approximately 12:00 p.m. or at the end of the Council Meeting, whichever is earlier. Please speak into the microphone located at the podium and state your name and address. Your presentation will be limited to three minutes. If you have a petition or other information pertaining to your subject, please present it to the City Secretary. Si Usted desea dirigirse al Concilio y cree que su ingles es limitado, habra un interprete ingles- espanol en todas las juntas del Concilio para ayudarle. Persons with disabilities who plan to attend this meeting and who may need auxiliary aids or services are requested to contact the. City Secretary's office (at 361 - 826 -3105) at least 48 hours in advance so that appropriate arrangements can be made. A. Mayor Henry Garrett to call the meeting to order. B. Invocation to be given by Pastor Heath Peloquin, Brighton Park Baptist Church. C. Pledge of Allegiance to the Flag of the United States. D. City Secretary Armando Chapa to call the roll of the required Charter Officers. Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper City Manager George K. Noe Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummel) City Secretary Armando Chapa Priscilla G. Leal Michael McCutchon John E. Marez Nelda Martinez E. MINUTES: 1. Approval of Regular Meetings of April 22, 2008 and April 29, 2008. (Attachment # 1) Agenda Regular Council Meeting May 13, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. • Airport Board * Coastal Bend Council of Governments * Commission on Children and Youth * Corpus Christi Convention and Visitors Bureau * Library Board * Mechanical /Plumbing Advisory Board * Sister City Committee * Transportation Advisory Committee G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, or ordinances. !f deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT * Upcoming Items I. CONSENT AGENDA Notice to the Public The following items are 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) Agenda Regular Council Meeting May 13, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Motion approving the purchase of library furniture in accordance with Bid Invitation No. BI- 0125 -08 from A. Bargas & Associates, LLC, of San Antonio, Texas based on only bid for a total amount of $78,297.95. The library furniture will be installed at the newly remodeled Parkdale Branch Library. Funds are available in the Library Capital Improvement Project (CIP) Fund. (Attachment # 3) 4.a. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $19,988.40 from the Texas Department of Transportation (TXDOT) for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. (Attachment # 4) 4.b. Ordinance appropriating $19,988.40 from the Texas Department of Transportation (TXDOT) for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Police Grants Fund. (Attachment # 4) 5.a. Resolution authorizing the City Manager or his designee to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. (Attachment # 5) 5.b. Ordinance appropriating a grant of $80,000 from the Texas Department of State Health Services in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. (Attachment # 5) 6. Resolution authorizing the City Manager or his designee subject to Federal Aviation Administration (FAA) Funding Approval, to accept FAA FY 2008 Grants in an amount not to exceed $8,700,000 to rehabilitate taxiway systems, rehabilitate Taxiway "M ", design airfield rescue and firefighting station modifications, complete drainage improvements -- Phase VI, rehabilitate the airport perimeter road, and design an Airport Improvement Program (AIP) equipment housing facility and various hangar structures at the Corpus Christi International Airport and to execute all related documents. (Attachment # 6) Agenda Regular Council Meeting May 13, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 7.a. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a grant from the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO -OP), a summer outdoor recreation program for youth. (Attachment # 7) 7.b. Ordinance appropriating a $30,000 grant from Texas Parks and Wildlife Department in the No. 1067 Park and Recreation Grants Fund to operate the Community Outdoor Outreach Program (CO -OP), a summer outdoor recreation program for youth. (Attachment # 7) 8. Resolution approving the reappointments of Dr. William Burgin, Jr. as the local health authority and Dr. Colette Simon as the alternate local health authority and authorizing the City Manager or his designee to execute compensation agreements with Dr. Burgin and Dr. Simon for the protection of the public's health, safety, and welfare. (Attachment # 8) 9.a. Motion approving the purchase of continuous coverage product maintenance from Sigma Solutions, Inc. of San Antonio, Texas in the amount of $83,1 37.67 for the EMC8830 Storage Area Networks through September 30, 2008. (Attachment # 9) 9.b. Motion approving the purchase of continued annual maintenance costs from Sigma Solutions, Inc. of San Antonio, Texas for the EMC8830 Storage Area Networks subject to annual appropriation of funds based on sole source. (Attachment # 9) 10. Motion authorizing the City Manager or his designee to execute Amendment No. 1 to the consultant contract with HDR, Inc., of Corpus Christi, Texas in an amount not to exceed $49,000 for a revised contract value of $98,900 for additional storm water utility rate implementation services. (Attachment # 10) 11. Resolution authorizing the City Manager or his designee to execute a Multiple Use Agreement with the Texas Department of Transportation (TXDOT) for a drainage culvert on FM 763 (Joe Miruer Road) associated with Corpus Christi International Airport (CCIA) Taxiway Rehabilitation and Drainage Phase VI Projects. (Attachment # 11) Agenda Regular Council Meeting May 13, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 12. Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract and a Utility Easement with the owner of Calvary Chapel of the Coastlands in the total amount of $65,500, for fee simple property rights to a 0.383 acre tract of land known as Parcel 11A and fora 0.095 acre Utility Easement known as Parcel 11B, plus $1,500 in estimated closing costs; all out of Lot 2, Block 1, Brandywine South Unit 1, located on Rodd Field Road, south of Saratoga Boulevard; necessary for the Master Channel 27 Drainage Improvement Project and for other municipal purposes. (Attachment # 12) 13.a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by AEP Texas Central Company, owner and developer of Cabaniss Acres No. 2, Lot 4, located south of Holly Road and west of Ayers Street for the installation of 405 linear feet of 8 -inch PVC water distribution main. (Attachment # 13) 13.b. Ordinance appropriating $28,218.75 from the No. 4030 Water Distribution Main Trust Fund to reimburse AEP Texas Central Company for the installation of 405 - linear feet of 8 -inch PVC water distribution main for development of Cabaniss Acres No. 2, Lot 4, as specified in the Distribution Main Extension Construction and Reimbursement Agreement. (Attachment # 13) 14.a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by AEP Texas Central Company, owner and developer of Cabaniss Acres No. 2, Lot 4, located south of Holly Road and west of Ayers Street for the installation of 1,359 linear feet of 12 -inch PVC sanitary sewer collection line. (Attachment # 14) 14.b. Ordinance appropriating $93,913.07 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse AEP Texas Central Company for the installation of 1,359- linear feet of 12- inch PVC sanitary sewer collection line for development of Cabaniss Acres, No. 2, Lot 4, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement. (Attachment # 14) Agenda Regular Council Meeting May 13, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES {Refer to legend at the end of the agenda summary) 15.a. Ordinance repealing Ordinance No. 5716, removing conditions requiring the construction of a masonry screening wall, maintenance of the area and other conditions; and authorizing the City Manager or his designee to execute a release of the agreement authorized by Ordinance No. 5716. (Attachment # 15) 15.b. Ordinance amending Ordinance No. 5762 to remove the requirement to relocate utility lines from the alley through Portairs Addition, Block 8, that was closed by Ordinance No. 5762 to a new utility easement that was being provided by Sam Susser; closing and abandoning the 15 -foot wide utility easement granted by Sam Susser to the City of Corpus Christi on May 11, 1960; waiving the requirement to replat the affected properties due to the easement closure. (Attachment # 15) 16. First Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 33 to prohibit use of or presence in Windward Drive parking lot from midnight to 6:00 a.m.; providing for penalties; and providing for publication. (Attachment # 16) J. PUBLIC HEARINGS: ZONING CASES: 17. Case No. 0408 -01, Gary Johnson: A change of zoning from an "1 -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use designation from Tight industrial to heavy industrial on property described as 10.926 acres out of J.C. Russell Farm Blocks, Block 11, Tract 11 and 1.54 acres out of J.C. Russell Farm Blocks, Block 11, Tract 7 -B located on the east side of Navigation Boulevard approximately 500 feet south of Agnes Street (SH 44). (Attachment # 17) Planning Commission & Staffs Recommendation: Approval of the "1 -3" Heavy Industrial District. ORDINANCE Amending the Zoning Ordinance, upon application by Gary Johnson, by changing the Zoning Map in reference to 10.926 acres out of J.C. Russell Farm Blocks, Block 11, Tract 11 and Agenda Regular Council Meeting May 13, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend al the end of the agenda summary) 1.54 acres out of J.C. Russell Farm Blocks, Block 11, Tract 7 -B, from "1 -2" Light Industrial District to "1 -3" Heavy Industrial District; amending the Zoning Map; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. 18. Case No. 0408 -02, Danvce M. Knippa & John H. Bradshaw: A change of zoning from an "A -2" Apartment House District to a "B- 5" Primary Business District resulting in a change of land use designation from medium density residential to commercial on property described as Chamberlin's Block 7, Lot 7 and west one- half of Lot 8 and South Bluff Block 14, Lots 4 and 5, located on Agnes Street approximately 160 feet east of Staples Street and located on Laredo Street approximately 150 feet east of Staples Street. (Attachment # 18) Planning Commission & Staffs Recommendation: Approval of the "B -5" Primary Business District. ORDINANCE Amending the Zoning Ordinance, upon application by Danyce M. Knippa and John H. Bradshaw, by changing the Zoning Map in reference to Chamberlin's Block 7, Lot 7 and west one -half of Lot 8 and South Bluff Block 14, Lots 4 and 5, from "A -2" Apartment House District to "B -5" Primary Business District; amending the Zoning Map; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing a publication. Zoning Text Amendment: 19. Public Hearing and First Reading Ordinance to consider amending Article 3, Definitions, of the Zoning Ordinance by adding a new definition for a Community Home as Section 3- 1.15.1 and by revising the definition of Family in Section 3 -1.24; providing for penalties; and providing for publication. (Attachment # 19) Agenda Regular Council Meeting May 13, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) Development Agreement. 20. Public Hearing and Ordinance to consider waiving the requirements in Sections V.A.3.a)(1) and V.A.3.b)(2), Corpus Christi Platting Ordinance, relating to the installation of permanent water and wastewater service to Maple Hills Subdivision, Unit 5, and the recording of the final plat; authorizing the City Manager or his designee to execute a development agreement with John and Linda Mikulencak, which authorizes the filing of a final plat for Maple Hills Subdivision, Unit 5, before permanent water and wastewater service is provided to the development. (Attachment # 20) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 21. Second Reading Ordinance - Declaring and establishing the City's Storm Water System as a Public Utility; declaring the City's Storm Water Utility as part of the City's Combined Utility System; defining terms relating to the Storm Water Utility System; citing authority to establish a Storm Water Utility; incorporating existing facilities into the Storm Water Utility System; providing for segregation of Storm Water Utility Income from other City accounts; providing that issuance of Storm Water Revenue Bonds or Combined (Water, Wastewater, Gas, and Storm Water) Utility Revenue Bonds may be repaid with revenue from the Storm Water Utility Charge. (First Reading 04/29/08) (Attachment # 21) 22. 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 $6,688,561.58 for the Base Bid on the Wooldridge Road Reconstruction Phase 1 Project from Staples Street to Airline Road. (BOND ISSUE 2004) (Attachment # 22) 23. Motion authorizing the City Manager or his designee to execute a construction contract with Clark Construction of Texas, Ltd., of San Antonio, Texas, in the amount of $1,577,819.34 for the Ocean Drive Seal Coating -- Elizabeth Street to Ennis Joslin Road 2008 Project for the Base Bid and Additive Alternates 1, 2, and 3. (Attachment # 23) Agenda Regular Council Meeting May 13, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 24. Resolution authorizing the City Manager or his designee to execute an Interlocal Agreement with Nueces County to receive services related to the installation and permitting of on -site sewage facilities within the city. (Attachment # 24) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 25. Crime Control and Prevention District Quarterly Project Update (Attachment # 25) 26. Update on Development Services Process Improvements (Attachment # 26) M. PUBLIC COMMENT FROM THE AUDIENCE ON MATTERS NOT SCHEDULED ON THE AGENDA WILL BE HEARD AT APPROXIMATELY 12:00 P.M. OR AT THE END OF THE COUNCIL MEETING, WHICHEVER IS EARLIER. PLEASE LIMIT PRESENTATIONS TO THREE MINUTES. IF YOU PLAN TO ADDRESS THE COUNCIL DURING THIS TIME PERIOD, PLEASE SIGN THE FORMAT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) Si usted se dirige a la junta y cree que su ingles es limitedo, habra un interprete ingles- espanol en la reunion de la junta Para ayudarle. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. N. EXECUTIVE SESSION: PUBLIC NOTICE is given that the City Council may elect to go into executive session at any time during the meeting in order to discuss any matters listed on the agenda, when authorized by the provisions of the Open Meeting Act, Chapter 551 of the Texas Government Code, Agenda Regular Council Meeting May 13, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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. 27. Executive Session under Texas Government Code Section 551.071 regarding Texas Commission on Environmental Quality (TCEQ) Notice of Enforcement Action — City of Corpus Christi; RN 101610079; Docket No. 2008 - 0399- MWD -E; Enforcement Case No. 35596, with possible discussion and action related thereto in open session. 28. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 29. Executive Session under Texas Government Code Section 551.071 regarding Cause No. 07- 4924 -A; Joe O'Brien, Jack Gordy and Taxpayers Association, Inc. vs. City of Corpus Christi, with possible discussion and action related thereto in open session. O. ADJOURNMENT: POSTING STATEMENT: This agenda was posted on the City's official bulletin board at the front entrance to City Hall, 1201 Leopard Street, at a: Lp.m•, on May 7, 2008. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com after 7:00 p.m. on the Wednesday before regularly scheduled council meetings. If technical problems occur, the agenda will be uploaded on the Internet by Thursday morning. Symbols used to highlight action items that implement council goals are on attached sheet. City Council Goals 2007 -2009 41/Iz I Develop Street Plan Texas A &M University — Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Priscilla Leal Michael McCutchon ABSENT John Marez Nelda Martinez *Arrived at 10:05 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 22, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Pastor Dennis Miller with Cathedral of the Palms and the Pledge of Allegiance to the United States flag was led by Council Member Mike Hummell. . Mayor Garrett called for approval of the minutes of the regular Council meeting of April 8, 2008. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Garrett called for consideration of the consent agenda (Items 2 -10). City Secretary Chapa announced that staff requested that Item 10 be pulled for individual consideration. Mr. Abel Alonzo requested that Item 4 be pulled for individual consideration. Council members requested that Items 4, 5, and 9 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. RESOLUTION NO. 027665 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department in the amount of $200,000 for construction of the hiking /walking trail as part of the Oso Bay Greenbelt, Parks & Trails System Master Plan; with a City match of $50,000 in the No. 4720 Community Enrichment Fund, fora total project cost of $250,000. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Marez and Martinez were absent. Minutes -- Regular Council Meeting April 22, 2008 -- Page 2 3. MOTION NO. 2008 -105 Motion authorizing the City Manager or his designee to grant a permit to Sabco Operating Company, of Houston, Texas to drill two oil or gas wells being State Tract 55 Well No. 8 approximately four miles east of the Corpus Christi Marina in Corpus Christi Bay and State Tract 65 Well No. 1 approximately two miles north of Texas A &M University — Corpus Christi in Corpus Christi Bay. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were absent. 6. MOTION NO. 2008 -106 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Bay Limited of Corpus Christi, Texas in an amount not to exceed $143,578.20 for a revised contract value of $7,684,289.35 for additional storm water and pavement work for the Corpus Christi International Airport West General Aviation Rehabilitation and Drainage Phase V Improvement Project. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Marez and Martinez were absent. 7. RESOLUTION NO. 027667 Resolution determining a public necessity to acquire utility and construction easements for a storm water drainage project, known as the Till Creek Drainage Basin Project, Phase 2, on three tracts of land known as Parcels 1, 2, and 3; for the public purpose and use as storm water drainage improvements and for other related drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Marez and Martinez were absent. 8. RESOLUTION NO. 027668 Resolution determining a public necessity to acquire utility and temporary construction easements for a wastewater project, known as the Greenwood Wastewater Treatment Plant (WWTP) 4 MGD Expansion Project, on two tracts of land known as Parcels 1 and 2; for the public purpose and use as wastewater improvements and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were absent. Mayor Garrett opened discussion on Item 4 regarding lease agreements with Brooks Chapel and Nueces County Mental Health and Mental Retardation Center. Abel Alonzo, 1701 Thames, thanked City Manager Noe and staff for their support. In response to Council Member McCutchon, Minutes — Regular Council Meeting April 22, 2008 — Page 3 Community Development Administrator Daniel Gallegos said that both properties were being leased for an annual fee of $10.00. City Manager Noe stated that these properties were acquired using Community Development Block Grant (CDBG) funds. City Secretary Chapa polled the Council for their votes as follows: 4.a. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a lease with Brooks Chapel for property located at 1517 Winnebago for a term of 10- years, with a 10 -year renewal option. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Marez and Martinez were absent. 4.b. FIRST READING ORDINANCE Authorizing the City Manager or his designee to execute a lease with Nueces County Mental Health and Mental Retardation Center for property located at 1502 S. Brownlee for a term of 10 years, with a 10 -year renewal option. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were absent. Mayor Garrett opened discussion on Item 5 regarding a donation for downtown improvements. In response to Council Member Hummell, Director of Economic Development Irma Caballero stated that the donor requested that their identity be kept confidential. City Secretary Chapa polled the Council for their votes as follows: 5. ORDINANCE NO. 027666 Ordinance appropriating $35,000 from the Unappropriated Fund Balance in the No. 1020 General Fund, which was received as a donation in 2007, for expenses related to the promotion and redevelopment of Downtown; changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $35,000. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye"; Marez and Martinez were absent. Mayor Garrett opened discussion on Item 9 regarding an amendment to the Streets and Sidewalk Ordinance. Council Member Hummell asked questions regarding whether the owner, lessee or tenant is the responsible party for sidewalk violations. Zoning & Code Enforcement Administrator Robert Quiroz explained that the occupant of the property is the responsible party and a letter will be sent to notify the owner of the violation. Mr. Quiroz added that this is the general practice for enforcing violations. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 027669 Amending the Code of Ordinances, Chapter 49 "Streets and Sidewalks," Article I "In General," Division I "Generally," Section 49 -10 "Duty of abutting owners, etc., to keep sidewalks clean" by revising the language to include the curb and gutter portions and add Minutes — Regular Council Meeting April 22, 2008 — Page 4 debris resulting from leaves; providing for penalties; and providing for publication. (First Reading 04/15/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Cooper, Marez, and Martinez were absent. Mayor Garrett opened discussion on Item 10 regarding amendments to the landscaping requirements. City Planner Mic Raash explained that the proposed ordinance needs to be amended to include providing for severance; providing for an effective date; and clarification language to Section 27B -7.01. A brief discussion ensued regarding staff informing the Council of the proposed changes. Dr. McCutchon made a motion to amend the ordinance prior to second reading. The motion was seconded by Mr. Kelly and passed. City Secretary Chapa polled the Council for their votes as follows: 10. ORDINANCE NO. 027670 Amending Article 27B., "Landscaping Requirements" of the City of Corpus Christi Zoning Ordinance; providing for publication. (First Reading 04/15/08) The foregoing ordinance was passed and approved as amended on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Marez and Martinez were absent. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 13 regarding the naming of the new southside library. City Manager Noe explained that in November 2004, the citizens approved funding for a new library an the southside and the City and Corpus Christi Independent School District (CCISD) selected the library site next to Harold C. Kaffie Middle School. Director of Libraries Herb Canales said that staffs recommendation is to name the new southside library the "Dr. Clotilde P. Garcia Public Library" in recognition of Dr. Garcia's contributions to the library system and the community. Several council members spoke in support of the recommendation. Mayor Garrett asked for comments from the audience. Fernando Moral Iglesias, 7517 Yorkshire, said that Dr. Garcia was very deserving of this honor. Margaret Moss, 101 N. Upper Broadway, spoke regarding the naming of libraries based on donations and the effect on the library system. Abel Alonzo, 1701 Thames, spoke regarding Dr. Garcia's contribution to the community and the barriers broken for naming the library in Dr. Garcia's honor on the southside of town. Delia P. Garcia, 2305 Capital, provided the Council with an overview of Dr. Garcia's accomplishments. Michael Flores, 510 Barracuda Place, spoke in support of naming the new library after Dr. Garcia. County Commissioner Betty Jean Longoria asked the Council to consider naming the new library after Dr. Cleo Garcia. A brief discussion ensued regarding the naming of libraries and contributions impacting the library system. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting April 22, 2008 — Page 5 13. RESOLUTION NO. 027673 Resolution authorizing the naming of the Southside Library to the "Dr. Clot'Ide P. Garcia Public Library," as recommended by the Director of Libraries and the City Manager, upon dedication. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Marez and Martinez were absent. Mayor Garrett opened discussion on Item 14 regarding the renaming of the Corpus Christi Public Library. Director of Libraries Herb Canales explained that in May 2009, the City will celebrate the 100th anniversary of the library which was established by the La Retama Club. Mr. Canales stated that the recommendation to rename the Corpus Christi Public Library as the "La Retama Central Library" is based on the library's tradition and history. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. RESOLUTION NO. 027674 Resolution authorizing the renaming of the Corpus Christi Public Library to the "La Retama Central Library," as recommended by the Director of Libraries and the City Manager, and repealing Motion No. M85 -0399, approved by the City Council on August 27, 1985, which previously authorized the naming of the Central Library as the "Corpus Christi Public Library." The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Marez and Martinez were absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 11, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 0308 -07, Shell Land Management Co., Inc.: A change of zoning from a "B-4" General Business District to an "1 -2" Light Industrial District on property described as 0.457 acres out of Bohemian Colony Lands, Section 12, Lot 1, located on Jefferson Street between Saratoga Boulevard and Acushnet Drive. City Secretary Chapa stated that the Planning Commission and staff recommended approval of the "1 -2" Light Industrial District. Council Member Kelly asked whether it was necessary to change the zoning to "1 -2" Light Industrial. Assistant Director of Development Services Faryce Goode -Macon said the reason for the 1 -2 zoning is that the kennel has an outside run and outside kennel. In response to Mr. Kelly, Ms. Goode -Macon said Council could consider a "B-4" zoning with a Special Permit for the outside kennel and that the closest neighborhood was located on the other side of Weber Road. No one appeared in opposition to the zoning change. Mr. Kelly made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: Minutes -- Regular Council Meeting April 22, 2008 — Page 6 11. ORDINANCE NO. 027671 Amending the Zoning Ordinance, upon application by Shell Land Management Company, Inc., by changing the Zoning Map in reference to 0.457 acres out of Bohemian Colony Lands, Section 12, Lot 1, from "B-4" General Business District to "1 -2" Light Industrial District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing a penalty; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, and McCutchon, voting "Aye "; Marez and Martinez were absent. * * * * * * * * * * * * * Mayor Garrett opened discussion on Item 12 regarding inviting the City of Playa Del Carmen, Mexico as a sister city. Heather Mortersohn, Chair of the Sister City Committee, referred to a powerpoint presentation including the composition of the committee; the City's six sister cities; committee programs; the reasons for seeking a relationship with Playa del Carmen; community support; and the benefits of ecotourism, business and police interest, and medical and academic interest. Chief Executive Officer of the Convention and Visitors Bureau Keith Arnold; Director of Aviation Fred Segundo; Dr. West Tunnel with Texas A & M University; and Police Chief Bryan Smith spoke in support of the project. Ms. Mortersohn stated that the Port of Corpus Christi also submitted a letter of support. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 027672 Resolution inviting the City of Playa del Carmen, Mexico to become a Sister City of the City of Corpus Christi, Texas and conveying the warmest regards and deepest fraternal sentiment of the people of Corpus Christi to the people of Playa del Carmen. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel], Kelly, Leal, and McCutchon, voting "Aye "; Marez and Martinez were absent. Mayor Garrett opened discussion on Item 14.1. regarding the City's self funded health plans. Mayor Garrett made a motion to suspend the rules pursuant to Section 16 of the City Council policies approved by Resolution No. 21901 to allow for reconsideration of agenda Item 14.1 regarding health insurance to next Tuesday, April 29, 2008. The motion was seconded by Ms. Cooper. The Mayor called for a vote on the floor. 14.1. MOTION NO. 2008 -107 Motion to suspend the rules pursuant to Section 16 of the City Council policies approved by Resolution No. 21901 to allow for reconsideration of agenda Item 14.1 regarding health insurance to next Tuesday, April 29, 2008." Minutes — Regular Council Meeting April 22, 2008 — Page 7 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, and Leal voting "Aye "; McCutchon abstained; Marez and Martinez were absent. * * * * * * * * * * * * * Mayor Garrett referred to Item 15 regarding the City's Water Quality Program. Director of Water Gustavo Gonzalez referred to a powerpoint presentation including the Texas Commission on Environmental Quality (TCEQ) issues; the water quality program; flushing results; system reliability; and customer service projects. Council members asked questions regarding monitoring; the call center number; creation of an area for a library and map maintenance; location of distribution maps; GIS technology; decreasing the flushing of fire hydrants; adding chloramines on the Island; and water distribution. Mayor Garrett referred to Item 16 regarding an Emergency Management briefing. Fire Chief Richard Hooks referred to a powerpoint presentation including photos of emergency situations; partners in emergency management; systems currently in place; National Incident Management System (NIMS); NIMS components; NIMS compliance; local government responsibilities; the City's emergency management basic plan; functional annexes; legal authorities; selected rules related to emergency management; the declaration of disaster; methodology utilized to request emergency assistance; emergency operations center; the 2005 hurricane season; evacuation; refuge of last resort; and pre- positioned contracts. Council members asked questions regarding the direction of Contraflow; identifying the elderly and disabled; how the City communicates information for assisted evacuation needs; refuge of last resort; and the location of the six regional shelters during Hurricane Katrina. Mayor Garrett called a brief recess to present proclamations and listen to public comment. * * * * * * * * * * * * * Mayor Garrett called for petitions from the audience. Jack Gordy, 4118 Bray, spoke regarding the letter of response he received by the Legal Department for his request for public information. A brief discussion ensued regarding the policies for addressing open records requests. Joan Veith, 5701 Cain, asked the Council to consider eliminating the $2.50 convenience fee charged for online utility payments. Charles Roberts, 2142 Alazan Drive, spoke regarding the public hearing for the closure of Charlotte Street and complying with City Code of Ordinances Section 49- 12. Curly Mellinger, 1626 Paul Jones, asked the Council to consider canceling the lease with Westside Baseball and reissue the lease to International Baseball. Mr. Mellinger also spoke regarding the maintenance of the fields. Ruben Riojas, 1621 Harvard Street, spoke regarding the need for additional fields at International Westside Baseball and the costs of leasing additional fields. Cecil Henry, 5118 Cavendish, spoke regarding the storm water utility. J.E. O'Brien, 4130 Pompano, spoke regarding accountability from the City staff. Bob Algeo, 15629 Three Fathoms, spoke regarding solid waste and enforcing beach traffic at the seawall. Jerry Garcia, President of Southside Baseball and Vice President of Westside Baseball, spoke regarding baseball leagues receiving CDBG funding. Joseph Ramirez invited the Council to attend a patriotic fiesta sponsored by the American GI Form, Johnny Canales Chapter, to for deploying troops on April 27u' at 2:00 p.m. at Hazel Bazemore Park. Roland Garza asked the Council to consider addressing the renovation of sports fields in the Bond 2008 project. Michael Alan Mitchell spoke regarding a home invasion and treatment by the Police Department. Dennis Hobble, 3202 Coral Reef, spoke regarding the condition of the fields at Westside Baseball. Minutes — Regular Council Meeting April 22, 2008 — Page 8 * * * * * * * * * * * ** There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 12:42 p.m. on April 22, 2008. * * * * * * * * * * * ** PRESENT Mayor Henry Garrett Mayor Pro Tem Bill Kelly Council Members: Melody Cooper Larry Elizondo, Sr. Mike Hummell Priscilla Leal Michael McCutchon John Marez* Nelda Martinez MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting April 29, 2008 - 10:00 a.m. City Staff: City Manager George K. Noe City Attorney Mary Kay Fischer . City Secretary Armando Chapa *Arrived at 11:01 a.m. Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Council Member Nelda Martinez and the Pledge of Allegiance to the United States flag was led by Mayor Henry Garrett. Mayor Garrett called for approval of the minutes of the regular Council meeting of April 15, 2008. A motion was made and passed to approve the minutes as presented. * * * * * * * * * * ** Mayor Garrett called for consideration of the consent agenda (Items 2 - 9). Mr. Charles Roberts requested that Items 7 and 9 be pulled for individual consideration. Council members requested that Items 6 and 7 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 2. ORDINANCE NO. 027675 Ordinance authorizing the City Manager or his designee to execute a one -year lease and use agreement with two twelve -month options to renew with Leo Anthony Gonzalez, Sole Proprietor /Owner, to operate a food service concession at City Hall kitchen facilities in consideration of Leo Anthony Gonzalez, Sole Proprietor /Owner, paying 1% of monthly gross sales up to $5,999 per month, 3% of monthly gross sales from $6,000 to $8,000 per month and 5% of monthly gross sales above $8,000 per month. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 3.a. MOTION NO. 2008 -108 Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $10,000 from the State of Texas, Texas Alcoholic Beverage Commission for additional overtime to enforce underage drinking laws. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Minutes — Regular Council Meeting April 29, 2008 — Page 2 3.b. ORDINANCE NO. 027676 Ordinance appropriating $10,000 from the State of Texas, Texas Alcoholic Beverage Commission in the No. 1061 State and Federal Grant Fund for additional funding to enforce and prevent underage drinking laws. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 4. RESOLUTION NO. 027677 Resolution approving the submission of a grant application in the amount of $454,562 to the Automobile Theft Prevention Authority (ATPA) to continue the motor vehicle theft enforcement grant within the Police Department for Year 8 Funding with a City cash match of $267,354, in -kind services of $14,019, and program income cash match of $11,091, for a total project cost of $747,026 and authorizing the City Manager or his designee to apply for, accept, reject, alter or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 5. ORDINANCE NO. 027678 Ordinance appropriating $178,226 from the Unreserved Fund Balance in Fund No. 9010 Crime Control District Fund for 'one- time" expenditures in the FY 2007 -2008 Operating Budget, and changing the FY 2007 -2008 Operating Budget adopted by Ordinance No. 027352 by increasing appropriations by $178,226. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 8. RESOLUTION NO. 027679 Resolution exempting London School Tracts, Lot 1, a subdivision located south of Oso Creek, approximately one mile outside of the city limits, from payment of Wastewater Acreage Fees under Section V.B.6.I) of the Platting Ordinance. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 6 regarding city -wide elevator repairs. Council Member Martinez asked whether staff informed bidders that they failed to submit their bid bond as part of their proposal. Interim Director of Engineering Kevin Stowers said that the bidders were notified at the bid opening. Council Member Martinez asked whether there has been an occurrence in the past where a bidder has had an opportunity to correct the bid. Mr. Stowers explained that failure to submit the bid bond is considered non - responsive and non - correctible under the contract terms and conditions. In response to Ms. Martinez, City Manager Noe said that staff would provide a report regarding the requirements of the bid process. Council Member Hummell asked if all bidders receive a bid packet that lists all of the bid requirements. Mr. Stowers stated that bid packets are provided to bidders that detail specific requirements and general provisions. In response to Council Minutes — Regular Council Meeting April 29, 2008 — Page 3 Member Elizondo, Mr. Stowers said that staff conducts pre -bid meetings to assist and allow bidders to ask questions regarding the process. City Secretary Chapa polled the Council for their votes as follows. 6. MOTION NO. 2008 -109 Motion authorizing the City Manager or his designee to execute a construction contract with Schindler Elevator of San Antonio, Texas, in the amount of $280,533 for the City -Wide Elevator Repairs. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 7 regarding the South Texas Celtic Music Festival. Charles Roberts, 2142 Alazan, spoke regarding the time period listed on the certificate of coverage and the waiving of the free admission requirement. A brief discussion ensued regarding the insurance coverage. Council Member Kelly asked whether the City has any liability associated with holding the South Texas Celtic Music Festival. City Manager Noe said the City has no liability associated with the festival and that the City's standard practice is to require insurance. Council Member Hummel! asked whether the certificate of coverage is a City policy. Interim Director of Engineering Kevin Stowers explained that the policy is owned by the Corpus Christi Downtown Management District (DMD). Heidi Hovda, Interim Director of the DMD, explained that non profit organizations request to hold festivals in the downtown area. Ms. Hovda said that in order to sponsor the event, the DMD will extend their insurance coverage for the event. Ms. Hovda added that since the City is required to be insured, the DMD indemnifies the City through the DMD policy for the day of the event. Council Member Hummel! asked questions regarding the two hours of the event that are not covered on the policy. Ms. Hovda said she would request that the coverage be extended an additional two hours. Council Member Hummell asked for the hours of the event. Hugh Tomlinson, President of the South Texas Celtic Music Association, said the event hours are from 11:00 a.m. to 11:00 p.m. Mr. Kelly made a motion to approve the agenda item provided that the City received an amended certificate reflecting coverage of the festival until 11:00 p.m. The motion was seconded by Ms. Cooper and passed. 7. MOTION NO. 2008 -110 Motion authorizing the City Manager or his designee to approve the application from Hugh Tomlinson, President of South Texas Celtic Music Association, to temporarily close the following street section and waive the free admission requirement for the South Texas Celtic Music Festival, taking place on May 10, 2008: A. Peoples Street between North Water Street and Chaparral Street on Saturday, May 10, 2008 from 11:00 a.m. to 11:00 p.m. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 9 regarding the abandoning and vacating of a utility easement out of Manhattan Estates Unit 1. Charles Robert, 2142 Alazan, spoke regarding the declaration of an emergency reading and the development of the house on an easement, City Secretary Chapa said the Mayor declared the emergency and has signed the document. Deputy Minutes — Regular Council Meeting April 29, 2008 -- Page 4 Director of Development Services Johnny Perales provided an explanation of the error during construction. Council Member Hummell asked questions regarding the builder. Mr. Roberts said the builder was H & K Homes. Mr. Hummel! made a motion to amend the ordinance by changing Gains Drive to Giants Drive. The motion was seconded by Ms. Cooper and passed. City Secretary Chapa polled the Council for their votes as follows: 9. ORDINANCE NO. 027680 Ordinance abandoning and vacating a 65.10- square foot portion of a 7.5 -foot wide utility easement out of Manhattan Estates Unit 1, Block 3, Lot 2, adjacent to Giants Drive and approximately 130 -feet west of the Wall Street and Gaines Drive intersection; requiring the owners, Mr. and Mrs. Andre Gaspard, to comply with the specified conditions. An emergency was declared, and the foregoing ordinance was passed and approved as amended with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. * * * * * * * * * * * ** Mayor Garrett referred to Item 10, and a motion was made, seconded and passed to open the public hearing on the state grant application: 10. Public hearing and Resolution to consider rescinding Resolution No. 027604; and authorizing the City Manager or his designee to submit an Outdoor Grant application to the Texas Parks and Wildlife Department in the amount of $500,000 to develop the first phase of the Oso Conservation Interpretive Park on Oso Bay, with city match of $340,397 in the No. 4720 Community Enrichment Fund and with private land donation of $159,603; dedicating the proposed site for permanent public park and recreational uses. Director of Parks and Recreation Sally Gavlik stated that Council had previously approved a resolution authorizing the submission of an Outdoor Grant application to the Texas Parks and Wildlife Department. Ms. Gavlik added that the Texas Parks and Wildlife requested that the City provide a second resolution that included a breakdown of the match funding for this project. No one appeared in opposition to submitting the application. Dr. McCutchon made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 10. RESOLUTION NO. 027681 Resolution to consider rescinding Resolution No. 027604; and authorizing the City Manager or his designee to submit an Outdoor Grant application to the Texas Parks and Wildlife Department in the amount of $500,000 to develop the first phase of the Oso Conservation Interpretive Park on Oso Bay, with city match of $340,397 in the No. 4720 Community Enrichment Fund and with private land donation of $159,603; dedicating the proposed site for permanent public park and recreational uses. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Minutes — Regular Council Meeting April 29, 2008 — Page 5 * * * * * * * * * * * ** Mayor Garrett opened discussion on Item 11 regarding the reconsideration of Agenda Item No. 16 from the City Council Agenda of April 15, 2008 to enter into a contract with FARA Benefits Services Inc. and the Spohn Health Care System to administer the City's self funded health plan. Mayor Garrett made a motion to suspend the rules to allow for a simple majority vote for reconsideration of Item 11 rather than a 2/3 vote. The motion was seconded by Ms Leal. City Secretary Chapa polled the Council for their votes as follows: 11.a. MOTION NO. 2008 -111 Motion to reconsider Agenda Item No. 16 from the City Council Agenda of April 15, 2008 regarding the decision to authorize the City Manager or his designee to develop and enter into a three -year contract with two one -year renewal options between the City of Corpus Christi, Texas and FARA Benefit Services, Inc. of Mandeville, Louisiana to provide a provider network, which includes Spohn Health Care System as the provider network, to administer the CityUs self funded health and dental plans, and to provide for a contract for specific stop loss insurance coverage and pharmacy benefit management. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel', Kelly, and Leal, voting "Aye "; McCutchon and Martinez abstained; Marez was absent. City Manager Noe introduced the presentation team including Director of Human Resources Cynthia Garcia; Benefits Manager Tammy McDonald; Assistant Director of Human Resource Joan McKaughan; Assistant City Manager Oscar Martinez; and Insurance Benefits Analyst Steve Viera. City Manager Noe referred to a powerpoint presentation including the purpose of the presentation; presentation overview; background of the City's plan and the Request for Proposal (RFP) process; fees analysis; actual plan costs for FY06 -07; utilization based on total costs; breakdown of inpatient utilization; medical cost analysis by category; allocation of points and dollar comparisons; and a comparison of hospitals and physicians. Council members asked questions regarding whether the contract includes the three plan designs; whether proposers were aware that the RFP requested bundled proposals; whether all eight (8) bidders abided by the RFP; whether all codes are standard; whether any of the bidders were allowed to provided a specific discount on procedures; whether the aggregate discount method criteria was used eight (8) years ago when Spohn was awarded the contract; what services are aggregated; how aggregated discounts are determined; the discount percentages attributable from the different responders to the RFP; whether using the aggregate discount method is standard in the industry; whether all eight (8) bidders agree that they do not want to share their proprietary information with their competitors; whether the proprietary information would be a public document if it was provided to the Council; how the discount was determined; whether all of the proposers used the same charges to calculate discounts; eligible charges; fees analysis; medical costs category; actual plan utilization and categorization; whether a discount for physician services would be given greater consideration than inpatient services; whether Spohn or any other network provided a better rate to the City than what their aggregate discount showed; out of area inpatient utilization; breakdown of outpatient utilization; how applicants proposed out of network utilization; who bares the extra cost for out of network use; out of network costs to employees; whether the Humana network only includes the 12 listed hospitals; who determines the employee deductions; wrap networks; whether Spohn's proposed discount benefits would be the same for all three proposers in the Spohn network; the medical costs that were analyzed; the individual that calculated the provider network discount comparisons; how the medical costs were determined; whether employees on the Minutes — Regular Council Meeting April 29, 2008 — Page 6 current plan pay the same rate if they go to Spohn or Humana hospitals; whether migration out of network costs were considered; discounts for different facilities; whether the proposers that have 12 hospitals in their network are the same 12 hospitals; and whether all eight (8) of the Christus Spohn hospitals are part of the 12 hospitals listed by proposers. Council Member Leal requested a copy of the RFP. Mayor Garrett called for a brief recess to present proclamations and listen to public comment. * ** * * * * * * * **.* Mayor Garrett called for petitions from the audience. Jack Gordy, 4118 Bray Drive, spoke regarding information not provided as part of an open records request; coverage for ex- council members; and the judgment on council insurance coverage. Jerry Garcia, 3801 Gollihar, spoke regarding the condition of the parking lot at the Southside Pony League Baseball Complex and Community Development Block Grant (CDBG) funding. J.E. O'Brien, 4130 Pompano, spoke regarding the Lavaca - Navidad Water Contract; outside attorney fees; and the use of taxpayer dollars. Abel Alonzo, 1701 Thames, spoke regarding the insurance presentation not included in the agenda packet and the public having to pay for the background material. Roland Garza spoke regarding utilization of the public access channels. Adelfa Martinez, Lindale Senior Center, spoke regarding the Volunteer Recognition event sponsored by the Lindale Site Council on April 24th and thanked the City for the Retired Senior Volunteer Program (RSVP). * * * * * * * * * * * ** Mayor Garrett returned to Item 11 regarding the City's self- funded health plan. City Manager Noe returned to a powerpoint presentation including network guarantees; pharmacy cost analysis; pharmacy dollar comparison; administrative services only fees (ASO) estimated costs analysis; ASO dollar comparison; specific stop loss analysis; specific stop loss dollar comparison; total estimated medical costs; comparison of Humana proposal versus the FARA proposal; best value rankings; technical solution evaluation criteria; staff additional analysis; and employee premiums. Council members asked questions regarding the differences in the network guarantees; examples of per diem guarantees and percent for all in- network facilities; the nature of the guarantee; how the guarantee discount is calculated; whether not having a guarantee exposes the City; changes to the lifetime maximum; technical solution grading; when staff conducted the second review; whether actual expenses from FY2006 -2007 were made available to the consultant; employee input; the date of the last benefit briefing; the total cost for the Humana plan in FY2006- 2007; how the employees were selected to participate on the subcommittee; the process for the subcommittee evaluation; the number of members on the subcommittee; who was invited and attended the April 16th benefits briefing; the approximate number of water, storm water, and wastewater employees; whether Humana provided all of the information required by staff; how the data was provided to the bidders; whether there will be a Toss in the number of physicians if the plan is changed from Humana to Spohn; the potential for an increase in premiums next year if Humana is selected; police and fire premiums; how often the City modifies the benefits plan; comparison of FY2006 -2007 costs versus previous years; terms of the current contract with Humana; how the terms of the contract is determined; and failure to perform language in the contract. Mayor Garrett called for comments from the audience. Buck Sosa, 3801 Devonshire, stated that he represented 69 firefighter retirees and widows and was not contacted to participate on the subcommittee. Mr. Sosa spoke regarding the cost of insurance for retirees and firefighter contract negotiations. Maria Gonzalez, 1813 Amazon, spoke regarding the increase in premiums for city Minutes — Regular Council Meeting April 29, 2008 — Page 7 employees over the years since the City has been on the Humana plan and the selection of the subcommittee members. Verna Townsend, 4810 Dody, urged the Council to consider the integrity of whatever third party administrator they chose and the financial considerations. Ms. Townsend also spoke regarding FARA's communication with the City, Council Members; city employees and union representatives and supported the Humana plan. Charles Rogers, 3518 Pecan, said he recently underwent a double lung transplant and that Humana has done a great job during this process and has been very professional. Mr. Rogers expressed concern that going with the FARA contract would eliminate hospitals and doctors. Mr. Rogers asked the Council to consider raising the lifetime minimum. Leon Golemi, Vice President of FARA Benefits Service, spoke regarding employee concerns; out of network coverage for emergencies and accidents; and the difference in costs. Domingo Ybarra, President of the Corpus Christi Police Officers Association, spoke regarding the police officers not being allowed to participate in the process. Mr. Ybarra said the association would support the Council's decision. Jim Montgomery, CEO of Corpus Christi Medical Center, spoke regarding the Council's decision on April 15th to exclude the Corpus Christi Medical Center. Mr. Montgomery thanked the Council for reconsidering the item for the benefit of the employees, the community, and the taxpayers. Carlos Torres, President of the Corpus Christi Firefighters Association, thanked the Council for their work on this issue. Mr. Torres spoke regarding the formation of the employee committee and involving City employees and retirees in the process. Andrew Grove, Director of Sales for Humana, spoke in support of the Humana network. Eric Husler, American Administrative Group (AAG), spoke regarding the $5 -$6 million difference from the Humana and Spohn networks and inaccurate claims data. Mr. Husler also spoke in support of the Spohn network. Bruce Holstein, President and CEO of the Christus Spohn Health System, said Spohn appreciates the opportunity to serve the City and will continue to support the City with any of the proposals. Mr. Holstein provided a background of the Spohn network. Ted Day, Executive Director of the Spohn Health Network, spoke regarding the challenges of purchasing health care services and the differences in costs between the networks. Mr. Day said that the Spohn network appreciates the opportunity to serve City employees in the future. Jennifer Smith, FARA Benefits Services, spoke regarding the services of the Christus Spohn Network and the HealthSmarth Network. Kevin Brown, Script Care, explained that his company was the pharmacy network provider for the FARA proposal. Mr. Brown spoke regarding the projected pharmacy costs in FY2008 -2009. Steven Bishop, Vice President of Network Management for Humana, spoke regarding the Humana network being inclusiveness; the aggregate discount method; and network guarantees. James Chrobocinski, 65 Texas, expressed concern regarding the cost associated with the Spohn network and asked the Council to continue to evaluate this decision. Mike Chavarria, President of the City Employees Union, spoke regarding the lack of communication between employees and management. Tomas Duran, 325 Catalina, spoke regarding proprietary information and the RFP request for code specific data. Mr. Kelly made a motion to authorize the City Manager or his designee to develop and enter into a three -year contract with two one -year renewal options between the City of Corpus Christi, Texas and Humana, Inc., of Louisville, Kentucky to administer the City's self- funded health and dental plans, to provide and administer a provider network, and to provide for a contract for specific stop loss insurance coverage and pharmacy benefit management. The motion was seconded by Ms. Cooper. City Secretary Chapa polled the Council for their votes as follows: 11.b. MOTION NO. 2008 -112 Motion authorizing the City Manager or his designee to develop and enter into a three -year contract with two one -year renewal options between the City of Corpus Christi, Texas and Humana, Inc., of Louisville, Kentucky to administer the City's self- funded health and dental Minutes — Regular Council Meeting April 29, 2008 — Page 8 plans, to provide and administer a provider network, and to provide fora contract for specific stop loss insurance coverage and pharmacy benefit management. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, and Leal, voting "Aye "; Marez voting "No "; McCutchon and Martinez abstained. * * * * * * * * * * * * Mayor Garrett referred to Item 15 regarding the quarterly update by the Corpus Christi Regional Economic Development Corporation (CCREDC). Roland C. Mower, Chief Executive Officer of the CCREDC, referred t a powerpoint presentation including 2008 existing industry survey; tax modernization efforts; 2007 activity summary; recent project activity; multiple electronic reports; printed materials; marketing; jobs website; current board of directors; and CCREDC staff. Council members asked questions regarding the re- launching of the job website; whether the CCREDC will involve the Education Advisor with assisting in programs to make students aware of job opportunities; the consideration to post jobs on public access; and the creation of new jobs. * * * * * * * * * * ** Mayor Garrett opened discussion on Item 12 regarding the official intent to reimburse costs of street projects. Director of Financial Services Cindy O'Brien explained that this item is a reimbursement resolution that is required to receive reimbursement for preliminary street services work. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 12. RESOLUTION NO. 027682 Resolution expressing official intent to reimburse costs in an amount not to exceed $900,000 for services associated with Surveying, Engineering Geotechnical Analysis, Engineering Design Services, Printing, Advertising and Construction of Street Overlay Projects to be funded through the issuance of Tax Notes. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 13 regarding the City's Financial Policies. Assistant City Manager Oscar Martinez stated that this item is to amend the financial policies that will be used to assist with the budget process. Mr. Martinez provided a brief overview of the recommended financial policies. Council members asked questions regarding the elimination of the debt retirement practices; the wording in the Debt Management Policy that deals with debt retirement; whether the Debt Management Policy addresses the issue of reducing the City's debt; and the amount of interest paid annually. City Manager Noe said staff would provide a presentation regarding debt and the amount of interest the City pays annually. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: Minutes — Regular Council Meeting April 29, 2008 — Page 9 13. RESOLUTION NO. 027683 Resolution amending financial policies adopted by Resolution No. 026605, and providing financial policy direction on preparation of the FY 2008 -2009 budget. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett opened discussion on Item 14 regarding the first reading for establishing the city's storm water system. Assistant City Manager Oscar Martinez provided a brief overview of the storm water utility including statutory requirement; background; summary of utility policies; utility rate structure; and timeline. Council Member Leal asked questions regarding the runoff rate structure. Mr. Martinez stated that runoff would be based on lot size. In response to Council Member McCutchon, Mr. Martinez explained that the draft policy manual was an administrative document that would be used to assist with the implementation of the ordinance. Dr. McCutchon suggested that the manual include information explaining that the storm water fee was removed from the water fee and is not an additional fee. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 14. FIRST READING ORDINANCE Declaring and establishing the City's Storm Water System as a Public Utility; declaring the City's Storm Water Utility as part of the City's Combined Utility System; defining terms relating to the Storm Water Utility System; citing authority to establish a Storm Water Utility; incorporating existing facilities into the Storm Water Utility System; providing for segregation of Storm Water Utility Income from other City accounts; providing that issuance of Storm Water Revenue Bonds or Combined (Water, Wastewater, Gas, and Storm Water) Utility Revenue Bonds may be repaid with revenue from the Storm Water Utility Charge. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. Mayor Garrett announced that Item 16 regarding a presentation on Governmental Accounting Standards Board (GASB) Statement No. 45 — Accounting for Financial Reporting by Employers for Postretirement Benefits Other Than Pensions (OPEB) was postponed to a later date. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 4:09 p.m. on April 29, 2008. * * * * * * * * * * * ** 2 AIRPORT BOARD — Four (4) vacancies with terms to 4 -4 -11. DUTIES: To advise the City Council concerning matters relating to the aviation interests of the City of Corpus Christi and the operation of the Corpus Christi International Airport facilities for the promotion of those interests. COMPOSITION: Ten (10) members appointed by the City Council for three -year terms. All members shall serve for three -year staggered terms. Members must be residents of Corpus Christi. ORIGINAL MEMBERS TERM APPTD. DATE Jerry Kane, Chair 04 -04 -09 04 -18 -06 Joseph Wise 04 -04 -09 04 -18 -06 *William D. Dodge III 04 -04 -08 03 -22 -05 * * ** *Glenn Lyons 04 -04 -08 04 -23 -02 Jesse Olivares 04 -04 -10 11 -08 -05 Donald M. Feferman 04 -04 -10 04 -13 -04 * * ** *Frank "Rocco' Montesano, Vice Chair 04 -04 -08 02 -22 -00 Sam J. Susser 04 -04 -09 04 -18 -06 J.C. Ayala 04 -04 -10 01 -14 -03 *Sylvia Whitmore 04 -04 -08 03 -08 -05 Ed Hicks, Advisory, non - voting 05 -29 -08 04 -18 -06 (The Airport Board is recommending the reappointments of William D. Dodge III and Sylvia Whitmore and the new appointments of Ed Hicks and Dr. George Fisher). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR William D. Dodge III 9 7 (2exc) 78% Sylvia Whitmore 9 5 (4exc) 56% Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation OTHER INDIVIDUALS EXPRESSING INTEREST Richard Bailey Lean Practitioner, E.I. Dupont Chemical. Received BBA and MBA from Texas A &M University of Corpus Christi. Activities include: Transportation Advisory Committee — Vice Chair. (3- 25 -08) Vincent E. Doyle Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (9- 12 -07) Richard Drilling General Manager, KIII TV. Received A.A. from Fresno City College. Activities include: Texas Association of Broadcasters and Corpus Christi Country Club. (9- 11 -07) Ryan Evans Aircraft Mechanic, L-3 Vertex Aerospace. United States Marine Corp Veteran. Attending Del Mar College. Activities include: Former Vice President of Little Theater of Crittenden County. (2- 25 -08) Dr. George H. Fisher Ed Hicks Partner /Surgeon, Ear, Nose and Throat Associates. Received B.S. from University of Alabama and M.D. from the University of Alabama Medical School. Certified Commercial and Airline Transport Pilot, Single and Multiengine and Instructor Pilot. Activities include: Director — American Bank, former member of C.C. Yacht Club, YMCA and Chief of Staff of Driscoll Children's Hospital, Chief of Surgery. (9- 18 -07) Owner, Ed Hicks Imports and Ed Hicks Nissan. Attended St. Paul Seminary, St. Paul , Minnesota. Past President of Nissan Motor Corp. Past Secretary/Treasurer of Texas State Board of Medical Examiners. Dealer Advisor Member — Mercedes Benz of North America. Past Director — American International Automobile Dealer Association. Member of Presidential Business Advisory Council for President Bush. Member of Governor's Business Advisory Council for Governor Rick Perry. (5- 29 -07) Eduardo Hinojosa John W. Owen Joe Ortiz Rita Sonia Padron Carl L. Powell Robert E. Powell George G. Richard Retired Administrator, State of Texas. Received a Master's degree. Member of the Planning Decision Making Committee for Kostoryz Elementary School. Received the "Rancher of the Year" Award. (9- 14 -07) President and CEO, Goodwill Industries of South Texas. Received Bachelor's Degree in Education from University of Wisconsin. Activities include: Southside Rotary, Galilean Lutheran Church — LCCA, and Board Member of United Way and Goodwill Industries International. (9 -26- 07) Self - Employed, Residential Designer and Building Consultant. Attended Del Mar College and Granthem University. Activities include: National Civil Rights Director American GI Forum and District Director LULAC. (4 -9 -08) Acute Dialysis Nurse, Renal Care Group. Received Vocational Nurse Degree from Del Mar Technical School, Certified Hemodialysis Practitioner and Pediatric Vocational Nurse. Activities include: Youth Coach for YMCA and Park and Recreation Boys Basketball Programs, Corpus Christi International Airport Ambassador, Member of RSVP, and Board of Nephrology Examiners Nursing and Technology — Policy and Procedures Chair. Recipient of Leadership Awards with RSVP and Senior Services. (2- 20 -08) Retired, Bureau of Prisons. Received B.S. in Psychology from Loyola University. Activities include: CASA/ Health and Human Services Volunteer. (1- 11 -08) Retired. Received a B.S. in Civil Engineering. (2- 19 -08) CITGO Refinery. Received BS in Mechanical Engineering. (3- 20 -08) Mary Ann Rojas Donald E. Russell Woodrow Mac Sanders William Strawn Jerry Trevino President/CEO, WorkSource of the Coastal Bend. Received a Bachelors Degree. Activities include: Board Member /Officer of Amistad Community Health Center, Board Member of Coastal Bend Tech Prep, Texas Association of Workforce Boards, and Graduate of Leadership Corpus Christi Class 35. Recipient of Corpus Christi Hispanic Chamber Service to Community Award and National Award - Ted E. Small Partnership Award. (1- 15 -08) President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Management Consultant to Energy Industry, Licensed Pilot, and Professional Vocalist. Named Buyer of the Year by Mid - American Minority Business Development Council (2007). (2- 25 -08) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (12- 10 -07) Traffic Safety Specialist, Texas Department of Transportation. Received BBA from University of Texas at Austin, MA from University of Nebraska at Lincoln. Activities include: Pilot/Observer Coast Guard Auxiliary and Bay Yacht Club. (9 -1 -07) Agent, Farmers Insurance. Received Associates in Government from Austin Community College and attended Texas State University. Activities include: Farmers Employees and Agents PAC and LULAC. (2- 19 -08) COASTAL BEND COUNCIL OF GOVERNMENTS -- Two (2) vacancies with terms to 4- 30 -09. DUTIES: Shall prepare and recommend to participating local governments, urban metropolitan, and rural area plans, looking to the present and future needs of the Region. Such plans may include recommendations for land use, traffic circulation, major streets and highways, general location of public works, the development of major educational facilities, and related problems of development. COMPOSITION: City shall appoint nine (9) members for two -years (but terms shall be at the complete discretion of the City Council), at least four (4) being elected officials. MEMBERS TERM Mayor Henry Garrett 4 -30 -09 Council Member Larry Elizondo 4 -30 -09 Council Member Bill Kelly 4 -30 -09 Council Member Michael McCutchon 4 -30 -09 George K. Noe, City Manager 4 -30 -09 * * *Ed Garalia, Water Superintendent 4 -30 -09 Oscar Martinez, Assistant City Manager 4 -30 -09 ** *Ron Massey, Assistant City Manager 4 -30 -09 Margie Rose, Assistant City Manager 4 -30 -09 ALTERNATES, Armando Chapa, City Secretary Yvonne Haag, Director of Neighborhood Services Richard Hooks, Fire Chief Angel Escobar, Interim Assistant City Manager (Note: City Manager George Noe is recommending the new appointment of Rudy Garza). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation COMMISSION ON CHILDREN & YOUTH — Five (5) vacancies with term to 5 -1 -10 and 5 -1 -11 representing the following categories: 1 — Social Services, 1 -- Religion, 1 — Business, 1 — At Large, and 1 — Law Enforcement. DUTIES: To support a comprehensive system of services and advance policies to meet the needs of Corpus Christi's children, youth and their families. COMPOSITION: The commission shall consist of 14 members appointed by the City Council. One member shall be representative of each of the following fields: Health, Social Service, Religion, Legal, Law Enforcement, Education, Business, Youth Services, Sheriff's Office, and the District Attorney's Office. One member shall be a youth representative from 16 to 21 years of age at time of appointment. Each appointee shall have demonstrated interest in the welfare of children or youth through occupation or through association with community -based organizations. (On 10- 10 -95, Council approved the addition of a Police Officer to serve as an Advisory Member to be appointed by the Police Chief.) MEMBERS ORIGINAL TERMS APPTD. DATES Vicky Alexander (Health), Vice Chair 5 -01 -09 2 -12 -02 Miles Toren (At Large) 5 -01 -09 9 -20 -05 Amanda Stukenberg (At Large) 5 -01 -10 6 -08 -04 * *Aaron G. De La Garza (Social Services) 5 -01 -08 8 -21 -07 ** *Sheri Phillabaum (Religion) 5 -01 -10 5 -17 -05 *Laura Spear Smith (Business) 5 -01 -08 5 -17 -05 Guy Nickelson (Youth Services) 5 -01 -09 11 -08 -05 Mary Jane Garza (Education) 5 -01 -10 6 -13 -06 *Brian Silva (At Large) 5 -01 -08 12 -12 -06 *J. D. Villarreal (Law Enforcement) 5 -01 -08 9 -25 -07 Fran Willms (Legal) 5 -01 -09 9 -25 -07 Caitlin Martin (Youth Rep.) 5 -01 -10 1 -10 -06 Rita Morales (D.A.'s Office) 5 -01 -09 9 -12 -06 Capt. Johnny Oelschlegel (Sheriff's Office) 5 -01 -10 3 -11 -08 Capt. Tim Wilson (Police Off.) Advisory 12 -06 -95 Dr. Philip Rhoades Advisory 8 -16 -94 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Laura Spear Smith (Business) 12 Brian Silva (At Large) 12 J.D. Villarreal (Law Enforcement) 7 NO. PRESENT 11 9 (2exc) 3 (3exc) OTHER INDIVIDUALS EXPRESSING INTEREST Kay H. Aeby Belinda Barrera Ellis Carter Sherri Darveaux Dr. Phillip Davis % OF ATTENDANCE LAST TERM YEAR 92% 75% 43 % Self - employed, Administrator. Activities include: Past American Cancer Society Volunteer and Board Representative. Former Member of the Downtown Redevelopment Committee. (Business or At Large) (6 -15- 07) Substitute Teacher, Corpus Christi Independent School District. Currently attending College. Activities include: Church. (At Large)(2- 22 -08) Fuels Distribution Inspector, NavSup FISC Jacksonville (NAS CC) Detachment. Attended Del Mar College. Activities include: Texas Youth Commission Mentor at York House. Recipient of Transportation Employee of the year for Flour Bluff Independent School District. (At Large) (4- 11 -08) Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of National Library, Science Honor Society and Local Antiquing Group. (At Large) (1- 25 -08) Professor, Del Mar College. Received BS, MS, PhD in Computer Science from Texas A &M University — Corpus Christi. Activities include: Member and Former President of Downtown Optimist Club. (At Large) (12- 11 -07) Vidal J. De La Cerda Elisha R. Dickerson III Rebecca Esparza Jim Espey Debbie Espinosa John Garcia Graciela Garza Youth Services, Worksource. Retired Captain, Nueces County Sheriff's Department. Activities include: Former Certified D.A.R.E., G.R.E.A.T., Crime Prevention Specialist. (Social Services or At Large) (3- 1407) Chairman, Tropical Isles Investment Club. Currently attends Texas A &M- Corpus Christi. Activities include: National Youth Crime Watch of America Member and The Rising Scholar — Texas A &M- Corpus Christi. Past Vice - President of South Texas Hispanic Baptist Youth Encampment. (At Large) (4 -5 -07) Self-employed, Public Relations Consultant. Received A.A. from Del Mar College and B.A. and M.A. from the University of Incarnate Word. Activities include: Board Member, American Cancer Society and Co- founder and co- facilitator, M. D. Anderson Cancer Support Group. Leadership Corpus Christi, 1994 -1995. (At Large) (9 -26- 06) Retired, Sales/Marketing Director. Received BS Humanics/Psychology. Activities include: YMCA Board/Committees, Yacht Club Director, Private Pilot, Scuba Instructor, and Real Estate. (Business or At Large) (1 -9 -08) School Nurse, Corpus Christi Independent School District. Received Associates Degree in Nursing, Certified Pediatric Nurse. Activities include: Block Coordinator for Neighbors on Watch and Secretary for Chemo Kids Fund. (At Large) (2- 22 -08) General Manager, Red Roof Inn & Suites. Attended Del Mar College. Activities include: Hospitality marketing Association, Harbor Lights Committee Member, and Corpus Christi Hispanic Chamber Member and Embajador. (Business or At Large) (1- 22 -08) CCD Coordinator, Diocese of Corpus Christi. Received BBA in Management from Corpus Christi State University and Texas Teacher Certification in English, ESOL, Business Administration. 2005 Graduate of Lay Formation Program. (Religion or At Large) (4- 14 -08) Rosa M. Gonzalez Social Work Supervisor, Nueces County Human Services. Received Bachelor of Science in Social Work from University of Texas Pan American. Activities include: Social Work Society and Aid Coalition. (Social Services or At Large) (3- 12 -08) Andrea B. Green Tax Professional, H & R Block. Received B.A. from Mount Holyoke College, South Hadley, Massachusetts, and M.S. from Syracuse University, Syracuse, New York. Activities include: Southside Evening Toastmasters. (Business or At Large) (1 -9 -08) Rick Greenfield Program Manager Engineering Services, MANCON, Inc. Received A.A. in Liberal Arts, B.A.A.S. in Industrial Technology, and M.A. in Organizational Management. Activities include: Qualified Mediator State of Texas. (Business or At Large) (1 -8 -08) Michele Hammock Educational Diagnostician, Tuloso- Midway Independent School District. Received Bachelor's Degree in Business from Corpus Christi State University and Master's Degree in Education from Texas A &M University - Corpus Christi. (At Large) (2- 19 -08) Melissa Hofstetter Owner, Secretarial Solutions. Currently attending Texas A &M University — Kingsville pursuing a degree in social work.. Activities include: Oso Park Neighborhood Association, Court Appointed Special Advocates (CASA), National Honor Society of Social Workers, and Spaulding for Children. (Business or At Large) (9- 14 -07) Cecilia G. Huerta Consultant, Self- Employed. Former Classroom Teacher and Counselor. Received Bachelors of Arts English and Masters of Arts Guidance and Counseling from Texas A &I University. Activities include: Association of School Counselors, Hispanic Women's Network of Texas Corpus Christi Chapter, Junior Achievement Volunteer. (Social Services or At Large) (2/11/08) Lorena Huerta Investigator, Texas Department of Family and Protective Services. Received BA in Christian Education from Southwestern AG University. Activities include: Corpus Christi Citizen University, LULAC, and Children's Church Teacher. (Social Services or At Large) (2- 18 -08) Lorenzo Knowles Tutor, National Housing Management Corporation. Retired Army First Sergeant. Degree in Business Management and Accounting. Recipient of the Jefferson Award. Activities include: Council President for the Texas Youth Commission Half Way House and Mayor Committee on School Drop -out Rate. (At Large) (9- 17 -07) Patricia Ann Livas Accounting/Billing Clerk, Bay, Ltd. Received Bachelors Degree in Psychology of Organizational Development and Masters Degree in Arts and Administration from University of the Incarnate Word. Activities include: Volunteer with Brown Bag Challenge and Missionary Work with First Baptist Church. (At Large) (2-22-08) Robert Mirabal, Jr. Vice - President, Printers Unlimited, Inc. Received B.A.A.S, A.A.S. and M.A in Theology. Activities include: Diocese of Corpus Christi and John Paul High School. (Religion or At Large) (4-28-08) Carl L. Powell Woodrow Mac Sanders Venessa Santos -Garza Retired, Bureau of Prisons. Received B.S. in Psychology from Loyola University. Activities include: CASA/ Health and Human Services Volunteer. (At Large) (1- 11 -08) Medical Social Worker, Texas Department of State Health Services. Received Bachelor of Arts from Texas A &I University, Kingsville, Master of Science- Psychology /Counseling and Guidance from Corpus Christi State University and Post Masters Degree work toward ED.D. Activities include: Licensed Baccalaureate Social Worker, Adjunct Professor of History at Coastal Bend College, and Board Member of Selective Services System. (Social Services or At Large) (12- 10 -07) Self - Employed. Attended Del Mar College. Activities include: American Heart Association and Buc Commission. Recipient of Hispanic Women's Network Las Estrellas Award 2006. (At Large) (12- 27 -07) Bill Shearer Patrick Smith Jonathan Wagner Pastor, The Rock and Salesman, Delta Tire. Attended Lincoln Technical Institute and Howard Payne University. Activities include: Freemason. (Religion or At Large) (2- 18-08) Programming Consultant, Robbins - Gioia. Received BA in Applied Sciences from Texas A &M- Commerce. Activities include: United States Army Reserve and Contractor, Past Director of Big Brothers Big Sisters, Waco, Texas and Past President, Active Claremont, Claremont, California. (At Large) (8-21-07) Consultant, NeighborWorks America. Received MBA — Business Management. Activities include: Secretary of Homeless Issue Partnership and Chairman Elect of the Coastal Bend Council of Governments Advisory board. Former Administrator for Community Development for City of Corpus Christi, 2003 -2006. (At Large) (5- 29 -07) Candido (Andy) Ybarra Membership Director, South Texas Public Broadcasting. Attended College. (At Large) (2- 27 -08) CORPUS CHRISTI CONVENTION & VISITORS BUREAU — One (1) vacancy to represent the Regional Transportation Authority. 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. MEMBERS Foster Edwards (At Large), Chair Robert Tamez (At Large) John Trice (At Large) Art Granado (At Large) Butch Pool (At Large) Bill Morgan (Hotel Industry) Jodi Patel (Hotel Industry) Bob Becquet (Restaurant Industry) Damon Bentley (Restaurant Industry) Frank "Rocco" Montesano (Attraction Tom Schmid (Attraction Industry) ** *Vangie Chapa (RTA representative) Michael Perez (Port of CC representative) Fred Segundo (C.C. International Airport) Mayor City Manager TERM 8 -01 -08 8 -01 -08 8 -01 -09 8 -01 -09 8 -01 -08 8 -01 -08 8 -01 -09 8 -01 -08 8 -01 -09 Industry) 8 -01 -08 8 -01 -09 Ex- officio, non - voting Ex- officio, non - voting Ex- officio, non - voting Ex- officio, non - voting Ex- officio, non - voting ORIGINAL APPTD. DATE 7 -18 -06 7 -18 -06 7 -18 -06 7 -18 -06 7 -18 -06 2 -13 -07 7 -18 -06 7 -18 -06 7 -18 -06 6 -19 -07 7 -18 -06 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (Note: The Regional Transportation Authority is recommending the new appointment of Eduardo Carrion as the RTA Representative). Eduardo Carrion Director of Planning, Regional Transportation Authority. Received Bachelor of Science in Education and Training Development from Southern Illinois University and Associate Degree in Information Systems Management from Community College of The Air Force. Activities include: METROCOM and Regional Transportation Committee. (5-5-08) LIBRARY BOARD — One (1) vacancy with term to 11- 05 -08. DUTIES: The committee shall be advisory to the City Council and its duties shall be to investigate and recommend to the Council matters relating to library services. COMPOSITION: Ten (10) members, eight (8) members shall be appointed for two -year terms by the City Council and two (2) members shall be ex- officio members. The president of the La Retama Club shall be ex- officio with vote and the president of the Friends of the Corpus Christi Public Libraries shall be ex- officio without vote. ORIGINAL MEMBERS TERM APPTD. DATE Sam Beecroft 11 -05 -08 11 -14 -06 Dr. Roel Carmona 11 -05 -09 2 -19 -08 Barbara Silverman 11 -05 -09 11 -11 -03 James M. Martin 11 -05 -09 2 -19 -08 Mary C. Christmas, Chair 11 -05 -08 11 -09 -04 Lucy McCracken 11 -05 -09 11 -08 -05 Andrea Naismith 11 -05 -09 11 -08 -05 * * *Dr. A.N.M. Waheeduzzaman 11 -05 -08 11 -12 -02 Janey Cone, Pres., La Retama Club Ex- Officio Ken Kellar, Pres., Friend of Libraries Ex- Officio Sue Stanford Honorary, non - voting 1 -17 -03 INDIVIDUALS EXPRESSING INTEREST William W. Berger Retired. Attended Tech School. (2-18-08) Sue Crowson Assistant English Professor, Del Mar College. Received a BA and MA in English from Texas Tech University and PhD in English from Texas Woman's University. Certified Public School Teacher in English and History. Activities include: Serve on Several Del Mar College Campus Committees and Member of National Council Teachers of English. (2- 18 -08) Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation Sherri Darveaux Michael A. Flores Rick Greenfield Ida Alvarado Hobbs Cecilia G. Huerta Lawrence Jordan Retired, Former Librarian, Engineering Training Developer, and Trainer Business Software Applications. Received Master of Arts in Education, from University of Texas at San Antonio, Texas and Master of Library Science from University of Arizona. Attended Executive Program at Anderson Graduate School of Business, University of California, Los Angeles. Activities include: Member of National Library Science Honor Society and Local Antiquing Group. (1- 25 -08) Self- Employed, Wilcox Furniture. Received BA in Political Science. Activities include: Friends of DePineda Committee and Former Sister City Committee Member. (3- 10 -08) Program Manager Engineering Services, MANCON, Inc. Received A.A. in Liberal Arts, B.A.A.S. in Industrial Technology, and M.A. in Organizational Management. Activities include: Qualified Mediator State of Texas. (1- 8-08) Registered Nurse, Corpus Christi Medical Center. Received Bachelor of Science in Nursing. Activities include: CASA Volunteer. Recipient of Outstanding CASA Volunteer of the Quarter. (2- 22 -08) Consultant, Self - Employed. Former Classroom Teacher and Counselor. Received Bachelors of Arts English and Masters of Arts Guidance and Counseling from Texas A &I University. Activities include: Association of School Counselors, Hispanic Women's Network of Texas Corpus Christi Chapter, Junior Achievement Volunteer. (2- 11 -08) Retired, Lawyer and Educator. Received B.A. from Rice University, Ph.D. from Yale University and J.D., Texas Tech University. Activities include: Past Vice President of Audubon Outdoor Club of Corpus Christi, America's Birdiest City Contest Organizer and Coordinator and Audubon Christmas Bird Counts. (2- 18 -08) Judy Jenson Graduate of Baptist Hospital School of Radiology Technology. Received Associates Degree from North Harris County Community College. Activities include: Volunteer at Driscoll Children's Hospital. (1- 22 -08) John B. Keys Equity Trader/Fixed Income Specialist, Herndon Plant Oakley.Attended Texas A &M University. Activities include: Santa Fe Swimming Club Board Member — Treasurer and Past President. (2- 18 -08) Shannon Madden Volunteer. Received Associates Degree in Early Childhood Education from Del Mar College. Activities include: Chula Vista AFA Elementary PTA, Chairperson for VIPS, Chess Club, Girl Scouts, and Bible Class Teacher. (2- 19 -08) Ken Muir Attorney Advisor, Corpus Christi Army Depot. Received B.A. in Economics and International Studies with a Minor in Spanish and Juris Doctor. Activities include: Volunteer Coordinator Flour Bluff Chess Club and Volunteer Tournament Director Optimist Coastal Bend Chess Federation. (2- 19 -08) Donald E. Russell Bill Shearer President, Negotiations & Contracts Consultants, Inc. Received BS in Business Administration and Accounting from University of Kansas, Graduate Work in Information Systems from The George Washington University and Law Courses from William Howard Taft University. Activities include: Management Consultant to Energy Industry, Licensed Pilot, and Professional Vocalist. Named Buyer of the Year by Mid - American Minority Business Development Council (2007). (2- 25 -08) Pastor, The Rock and Salesman, Delta Tire. Attended Lincoln Technical Institute and Howard Payne University. Activities include: Freemason. (2- 18 -08) Brian Solarek Logistics Lead, Boeing. Received Bachelor's Degree in Management. (1- 28 -08) Saundra Welch Partner, STT Blue Computer Securities. Received B.B.A., from Southern Methodist University, M.S. in Computer Science and Engineering from University of Texas at Arlington, and Ph.D. in Electrical Engineering from Stanford University. Activities include: Zonta Club of Corpus Christi, IEEE, and Engineers Without Borders. Recipient of National Science Award. (2- 18 -08) MECHANICAL /PLUMBING ADVISORY BOARD — Five (5) vacancies with terms to 1- 2-10 representing the following categories: 2 — Master Plumbers, 1 — Mechanical Engineer, 1 — Air Conditioning, and 1— Home Builder. DUTIES: To advise the City Council and City Manager regarding any matter in the plumbing and mechanical fields which it feels should be brought to their attention. To prescribe a procedure for hearing appeals from the decisions of the Building Official in regard to interpretation of the Plumbing Code and Mechanical Code. COMPOSITION: Eleven (11) persons appointed by the City Council: 3 - persons with at least five years active experience as a plumber licensed in the State of Texas, at least three years of which shall have been in Corpus Christi, and currently active in the plumbing trade; at least 2 of whom shall hold Master Plumbers licenses; 1- person with at least 5 years of active experience as a mechanical engineer, who is registered as a professional engineer in the State of Texas; 1- person with at least 5 years experience in the home building industry; 1- person with at least 5 years experience in the commercial building industry; 3 - persons with at least 5 years active experience in heating, ventilation, air conditioning and refrigeration contracting business and licensed in the State of Texas; 1 - person not connected with the building industry; and 1 - person who shall have at least 5 years of active experience in landscape irrigation and is licensed as an Irrigator by the State of Texas. Six members constitute a quorum, and the concurring vote of not less than 6 members of the Board is necessary to constitute an official action of the Board. ORIGINAL MEMBERS TERM APPTD. DATE *Elvin P. O'Bryan (Master Plumber) 1 -02 -08 3 -21 -06 Robert Ross Pate (Not conn. bldg. ind.) 1 -02 -09 2 -13 -07 Bob Hughes (Air Conditioning), 1 -02 -09 9 -09 -03 *****Mody K. Boatright (Mechanical Eng.) 1 -02 -08 1 -08 -02 Everest Huerta (Commercial Builder) 1 -02 -09 1 -18-05 James Michael Dildy (Master Plumber) 1 -02 -09 1 -18 -05 *James Horman (Master Plumber) 1 -02 -08 1 -13 -04 *Mike Wanzer (Air Conditioning) 1 -02 -08 1 -18 -05 Scott Corliss (Air Conditioning) 1 -02 -09 1 -14 -03 *****John Tucker (Home Builder) 1 -02 -08 1 -08 -02 H. Ray Johnson, Jr. (Irrigator) 1 -02 -09 3 -19 -02 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (Note: The Mechanical/Plumbing Advisory Board is recommending the reappointments of Elvin P. O'Bryan (Master Plumber), James Horman (Master Plumber), and Mike Wanzer (Air Conditioning) and the new appointments of Bob Sells (Home Builder) and Sean Rodriguez (Mechanical Engineer). ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Elvin P. O'Bryan (Master Plumber) 3 James Horman (Master Plumber) 3 Mike Wanzer (Air Conditioning) 3 NO. PRESENT 1 1 3 % OF ATTENDANCE LAST TERM YEAR 33% 3 3% 1 00% OTHER INDIVIDUALS EXPRESSING INTEREST Joseph C. Hammitt, Jr. P.E. Vice - President, Patterson Engineers, Inc. Received BS in Mechanical Engineering from Rice University. Activities include: American Society Heating, Refrigerating and Air Conditioning Engineers — Treasurer and Past President. (Mechanical Engineer) (1 -9 -08) Keith Parker George G. Richard Sean M. Rodriguez Senior Mechanical Engineer, P.E., Bath Engineering Corporation. Received Bachelor of Science Degree in Mechanical Engineering from Texas A &M Kingsville. Activities include: Treasurer of Society of American Military Engineers, American Society Heating, Refrigerating and Air Conditioning Engineers, Texas Society of Professional Engineers, and Leadership in Energy and Environmental Design. (Mechanical Engineer) (2- 19 -08) CITGO Refinery. Received BS in Mechanical Engineering. (Mechanical Engineer) (3- 20 -08) Co- Owner, NRG Engineering. Received Bachelor of Science in Mechanical Engineering from Texas A &M University College Station. Activities include: American Society Heating, Refrigerating and Air Conditioning Engineers, Boy Scouts, and Soccer Coach. (Mechanical Engineer) (1 -9 -08) Robert Sells President, Coastal Bend Construction and Restoration. Activities include: Builders Association of Corpus Christi Area — Current Director. Recipient of 2007 Builder of the year - BACC and 2007 Showcase Builder. (Home Builder) (12- 20 -07) SISTER CITY COMMITTEE — One (1) vacancy with term to 9 -10. DUTIES: To study ways and means of improving relations with the Corpus Christi sister cities and to advise and consult with and assist the Mayor, the City Council, the City Manager and all other City agencies, boards and officials in accomplishing the purposes of the Sister City program. COMPOSITION: It shall consist of a Steering Committee of twenty -one members and various subcommittees, members who shall be broadly representative of the racial, religious and ethnic groups in the community. The members shall be appointed by the City Council and shall serve three -year terms or until their successors are appointed and qualified. The Steering Committee shall be responsible for the overall administration and implementation of the City's Sister City program. There shall be a subcommittee for each sister city authorized by Resolution of the City Council. Members of each such subcommittee shall be appointed by the Steering Committee plus members from the community at large as deemed necessary and sufficient by the Steering Committee. Each subcommittee shall be responsible, under the direction of the Steering Committee, for primary study, liaison and recommendations for each sister city. The offices of the committee shall consist of a General Chairman, V- Chairman for each of the Sister City subcommittees established in accordance with Sec. 2 -152. The Chairman and each vice - chairman shall be elected by majority vote of the sister city committee annually. If the General Chairman is absent, a vice- chairman shall be elected from the committee to serve as General Chairman during his/her absence. ORIGINAL MEMBERS TERM APPTD. DATE Brenda "Brandi" Williams 9 -09 9 -11 -07 Danny Williams 9 -09 9 -11 -07 Randy Farrar 9 -10 6 -11 -02 * ** *Alfonso Trujano, Jr. 9 -10 9 -11 -07 Sukhbir Singh 9 -08 9 -12 -06 Farley L. Frazier 9 -10 6 -12 -07 Rose Gunji 9 -08 11 -08 -05 Ellen Murry 9 -08 4 -16 -02 Phyllis Roseman 9 -08 3 -11 -08 Heather Stanton Moretzsohn 9 -10 9 -14 -04 Guillermo "Willie" Perez 9 -10 1 -16 -07 Westi Horn 9 -10 6 -15 -04 Ann Jaime 9 -08 6 -13 -00 Almira Flores 9 -10 9 -12 -06 Tim Dowling 9 -10 7 -10 -07 Melissa Melendez 9 -10 11 -13 -07 Javier M. Morin 9 -08 7 -10 -07 Drue Cornbs 9 -09 9 -12 -06 Flicka Rahn 9 -09 6 -15 -04 Kevin Aguilar- Ferrari 9 -09 3 -11 -08 Sharon L. Phillips 9 -09 9 -09 -02 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation (Note: The Sister City Committee is recommending the new appointment of Jorge Brenner). INDIVIDUALS EXPRESSING INTEREST Mary Lou Berven Jorge Brenner Ivonne Cruz Matthew Demartino Formerly Taught United States History and Western Civilization at Wichita State University and Butler Community College. Received B.A. in Asian Studies from University of Colorado, Boulder, Colorado and M.A. in History from Wichita State University, Wichita, Kansas. Activities include: Phi Alpha Theta and St. Paul's United Church of Christ. (2- 18 -08) Research Associate, Texas A &M University- Corpus Christi. Received Bachelor of Science in Biochemical Engineering and Master of Science in Environmental Engineering from Institute Tecnologico y de Estudios Superiores de Monterrey, Guaymas Campus and Monterrey Campus, Mexico. Doctoral Program in Marine Sciences (Ph.D.) from Universitat Politecnica de Catalunya (UPC), Barcelona, Spain. Activities include: Society for Conservation GIS, International Society for Environmental Information Sciences, and Ecological Economics and Sustainability Science Working Group. Recipient of Cum Laude Honor for Ph.D. Dissertation. (3 -5 -08) Post - Doctoral Research Associate, Harte Research Institute for the Gulf of Mexico Studies. Received B.A. International Relations from UDLA, Mexico and M.A. and PhD in Sustainability, Tecnology and Humanism. Activities include: Member of Scientific Associations. (3- 10-08) Officer/Pilot, United States Navy. Received Bachelor of Science from Cornell University. Currently enrolled in American Military University, International Relations. Activities include: Chief of Naval Aviation Training (CNATRA) Stage Head Manager. (9 -4 -07) Alexa Denck Retired/Self- Employed, Dental Laboratory. Received AA, Los Angeles, California. (1- 14 -08) Vincent E. Doyle Ryan Evans Janice Garrett Michele Hammock Dora L. Hidalgo Edward Frank Lewis John Rocha Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (9- 12 -07) Aircraft Mechanic, L -3 Vertex Aerospace. United States Marine Corp Veteran. Attending Del Mar College. Activities include: Former Vice President of Little Theater of Crittenden County. (2- 25 -08) Self - Employed, Realtor. Received BBA from Texas A &M University - College Station. Activities include: Corpus Christi Rotary Club, Corpus Christi Association of Realtors, and Member of All Saints Episcopal Church. (4- 30-08) Educational Diagnostician, Tuloso- Midway Independent School District. Received Bachelor's Degree in Business from Corpus Christi State University and Master's Degree in Education from Texas A &M University - Corpus Christi. (2- 19 -08) Clinical Record Administrator, MHMR of Nueces County. Registered Health Information Technician. Received Technical Degrfee from American Health Information Management Association. Activities include: President of Fuerza Comunitaria, Advisory Board Member to the Institute of Mexicans Abroad (IME), Coastal Bend Health Information Management Association, Del Mar College Advisory Board Member, and Treasurer for Federation of Guadalupanas for the Diocese of Corpus Christi. Received the Hispanic Women's Network Las Estrellas Award. (5- 6-08) Retired. Received AA from International School of Minister and Currently Attending South Texas School of Studies. Activities include: Republican Precinct Chair. Recipient of Tejas Kia Employee of the Month. (3- 28 -08) President, Go- Logistics. Received BSEE from University of Nebraska - Lincoln. Former Sister City Committee Member. (3- 31 -08) Sister Anne Brigid Schlegel Principal, Central Catholic Elementary. Received Bachelor's Degree in History from West Texas State University and Master's Degree in History from Corpus Christi State University. (2- 19 -08) Bill Shearer Michael Shooshan Jerry Trevino Corinne Valadez Jennifer Walden Kim Wilson Pastor, The Rock and Salesman, Delta Tire. Attended Lincoln Technical Institute and Howard Payne University. Activities include: Freemason. (2- 18 -08) Self-employed. Received an Associate's degree and currently pursuing a Bachelor's in Engineering. President of Oak Park Neighborhood Association and Neighborhood Watch Program. Participant in Citizen's Police Academy. (9- 14 -07) Agent, Fanners Insurance. Received Associates in Government from Austin Community College and attended Texas State University. Activities include: Farmers Employees and Agents PAC and LULAC. (2- 19 -08) Assistant Professor, Texas A &M University - Corpus Christi. Received B.S. Interdisciplinary Studies from Corpus Christi State University, M.S. Curriculum and Instruction, Texas A &M Corpus Christi, and Ph.D. Curriculum from Texas A &M. Activities include: Faculty Advisor, Student Reading Council at Texas A &M University- Corpus Christi and Children's Book Festival, Corpus Christi Public Library. (1- 29 -08) Sales Manager, Apollo Towing/Easy Rider Wrecker. Received B.A. in Latin American Studies from St. Edward's University. Former Exchange Student and Rotary Ambassadorial Scholar. Recipient of Outstanding Student Award in Latin American Studies. (4- 21 -08) Received Fashion Merchandising Degree from Wade's Fashion Merchandising College, Dallas, Texas. Activities include: New York City ING Marathon (Walker) and Working with Goodwill Industries Store in Flour Bluff. (2- 18-08) TRANSPORTATION ADVISORY COMMITTEE — Three (3) vacancies with terms to 4 -30 -11 representing the following categories: 2 — Regular Members and 1 - Naval Air Station Security Officer. DUTIES: To be responsible for public advisory jurisdiction and citizen traffic safety investigation, traffic accident, injury and damage prevention in the City; developing and implementing coordinated traffic safety programs which meet local needs; acting in an advisory capacity to the City Council and the City Manager in the coordination of traffic safety activities of the official agencies and departments of the City; promoting public acceptance of official programs proposed or initiated by the City; fostering public knowledge and support of traffic law enforcement and traffic safety problems; cooperating with public and private school systems in promoting traffic safety training aids in the schools; promoting the education of the public in traffic safety and, generally assisting in the overall reduction of traffic deaths, injuries, damage, and accidents on the City's streets. COMPOSITION: Nine (9) members appointed by the City Council for three -year terms to provide advice on transportation and traffic safety matters. One member has traditionally been the incumbent security officer at the Naval Air Station. Elects Chairman and Vice - Chairman annually. Meets 4th Monday of the month, at 2:00 p.m., City Hall, Council Chambers. ORIGINAL MEMBERS TERM APPTD. DATE William Green, Chair 4 -30 -10 5 -11 -04 Karen Beard 4 -30 -09 5 -30 -06 * *Richard Bailey, Sr. 4 -30 -08 5 -10 -05 Glenn R. Jones 4 -30 -10 11 -13 -07 Eloy Barrera Soza 4 -30 -10 11 -13 -07 *Curtis A. Rock 4 -30 -08 5 -30 -06 David V. Seiler 4 -30 -09 5 -13 -03 Daniel Carrizales 4 -30 -09 12 -20 -05 *Damien Lamont Holmes (NAS Security Officer) 4 -30 -08 11 -13 -07 Legend: *Seeking reappointment * *Not seeking reappointment ***Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation ATTENDANCE RECORD OF MEMBERS SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Curtis Rock 6 6 100% Damien L. Holmes (NAS Officer) 2 0 0% OTHER INDIVIDUALS EXPRESSING INTEREST Thomas L. Knight Roy Ortega, Jr. Joe Ortiz Carl L. Powell Jerry Trevino Owner — President, Fiesta Margaritas. Received Bachelor of Arts Degree in Political Science/Public Administration/History and Secondary Education Teaching Certificates in American Government/History and Special Education. Received Young Republican "Man of the Year" 1975 and was in Del Mar College Hall of Fame 1973. (4 -3 -07) Owner, Victorian Hall LLC. Attended numerous Tech Schools and Symposiums. Interested in community involvement. (9- 24 -07) Self - Employed, Residential Designer and Building Consultant. Attended Del Mar College and Granthem University. Activities include: National Civil Rights Director American GI Forum and District Director LULAC. (4 -9 -08) Retired, Bureau of Prisons. Received B.S. in Psychology from Loyola University. Activities include: CASA/ Health and Human Services Volunteer. (1- 11 -08) Agent, Fanners Insurance. Received Associates in Government from Austin Community College and attended Texas State University. Activities include: Farmers Employees and Agents PAC and LULAC. (2- 19 -08) 3 Requested Council Date: 05/13/08 Alternate Date: 05/20/08 COUNCIL MEMORANDUM RECOMMENDATION: Motion approving the purchase of library furniture in accordance with Bid Invitation No. BI- 0125 -08 from A. Bargas & Associates LLC, San Antonio, Texas based on only bid for a total amount of $78,297.95. The library furniture will be installed at the newly remodeled Parkdale Branch Library. Funds are available in the Library Capital Improvement Project (CIP) Fund. ******************************************:**** * ** * * * * * * ** * * * * * * * * ** * * *** * * * ** Purpose: Bid Invitations Issued: Bid Invitations Received: Basis of Award: Funding: The library furniture will be used to furnish the newly remodeled library. The replaced furniture will be distributed to other library branches or disposed of through standard disposal of surplus property procedures, which include electronic auctions and/or bids for sale of property. Ten One Only Bid Library Capital Improvement Project 550720 -3210- 00000 - 120095 Michael Balrera Assistant Director of Financial Services $78,297.95 BID INVITATION NO. BI- 0125 -08 PARKDALE BRANCH LIBRARY FURNITURE BUYER: MARIA GARZA DATE: 05/13/08 ITEM NO. DESCRIPTION CITY OF CORPUS CHRISTI PURCHASING DIVISION BID TABULATION A. BARGAS & ASSOCIATES LLC SAN ANTONIO, TEXAS TOTAL PRICE 1.0 GROUP 1 - SHELVING AND END PANELS 2.0 GROUP 2 - TABLES AND CHAIRS AWARD "TOTAL: $60,791.09 17,506.86 78,297.95 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/13/08 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept grant funding in the amount of $19,988.40 from the Texas Department of Transportation for the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) for occupant protection enforcement overtime within the Police Department and to execute all related documents. B. Ordinance appropriating $19,988.40 from the Texas Department of Transportation for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department in No. 1061 Federal /State Grants Fund; and declaring an emergency. ISSUE: Because the state of Texas leads the nation in traffic fatalities and seasonal problems in Texas regarding safety belt use are evident, Federal Highway Safety Funds are available to conduct overtime enforcement to increase seat belt use. BACKGROUND: The State of Texas, Department of Transportation is providing funding for a STEP program called Click It or Ticket (CIOT) where the Police Department will conduct a two -week occupant protection enforcement effort during the Memorial Day Holiday, May 19 — June 1, 2008. This project will increase safety belt rates through enhanced enforcement and public information and education efforts. Two teams of four officers each will work on an overtime basis enforcing occupant protection laws across the City. The goal of the grant will be to issue 1,136 safety belt citations and 100 child safety seat citations and in tum increasing safety belt use among drivers and front seat passengers by 2 %. During the June 2007 CIOY campaign, the State safety belt use average was 91.2 % with the City of Corpus Christi at 89.8 %. REQUIRED COUNCIL ACTION: Accepting the grant and appropriating funds. PREVIOUS COUNCIL ACTION: Approval of four previous CIOT grants during FY 2002, 2003, 2004, 2005, 2006, and 2007. FUNDING: Officers will be working on an overtime basis with the State providing 100% of eligible funding of the salary/retirement and mileage. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: TXDOT Contract Bryan P. Smith Chief of Police City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT Contract Number: 588XXF6028 Charge Number: 80P09G 1 BB PIN: 17460005741000 Project Year: 5th THE STATE OF TEXAS THE COUNTY OF TRAVIS THIS AGREEMENT IS MADE BY and between the State of Texas, acting by and through the Texas Department of Transportation, hereinafter called the Department and the, City of Corpus Christi hereinafter called the Subgrantee, and becomes effective then fully executed by both parties. For the purpose of this agreement, the Subgrantee is designated as a(n) Local Government AUTHORITY: Texas Transportation Code, Chapter 723, the Traffic Safety Act of 1967, and the Highway Safety Performance Plan for the Fiscal Year 2008. Project Title: STEP - Click It Or Ticket Grant Period: This Grant becomes effective on 05/01/2008 or on the date of final signature of both parties, whichever is later, and ends on 09/30/2008 unless terminated or otherwise modified. Total Awarded: $19 ,988.40 Amount Eligible for Reimbursement: $19,988.40 Match Amount: $0 Program Income: $0 2008 TXDOT 1 5/1/2008 City of Corpus Christi TEXAS TRAFFIC SAFETY PROGRAM GRANT AGREEMENT The signatory of the Subgrantee hereby represents and warrants that she /he is an officer of the organization for which she/he has executed this agreement and that she /he has full and complete authority to enter into this agreement on behalf of the organization. THE SUBGRANTEE City of Corpus Christi [Legal Name of Agency] By: [Authorized Signature] George K. Noe [Name] City Manager [Title] Date: Under the authority of Ordinance or Resolution Number (for local government): [Resolution Number] THE STATE OF TEXAS Executed for the Executive Director and Approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out orders, established policies or work programs approved and authorized by the Texas Transportation Commission By: [District Engineer Texas Department of Transportation] [Name] [Title] Date: By: Director, Traffic OperationsDivision Texas Department of Transportation (Not required for local project grants under $100,000.00) Date: 2008 TXDOT 2 5/1/2008 City of Corpus Christi GENERAL INFORMATION Project Title: STEP - CIOT Project Description: To increase occupant restraint use in all passenger vehicles and trucks by conducting an intense occupant protection enforcement and public information and education effort during Memorial Day Holiday period. How many years has your organization received funding for this project? This will be our fifth or more year. Organization Address: Mailing Address (if different): Project Director Contact Information: Pat Eldridge Police Administration Manager P. 0. Box 9016 Corpus Christi, TX 78412 2008 TxDOT 3 5/1/2008 Texas Traffic Safety Program GRANT AGREEMENT GENERAL TERMS AND CONDITIONS ARTICLE 1. COMPLIANCE WITH LAWS The Subgrantee shall comply with all federal, state, and local laws, statutes, codes, ordinances, rules and regulations, and the orders and decrees of any courts or administrative bodies or tribunals in any matter affecting the performance of this Agreement, including, without limitation, workers' compensation laws, minimum and maximum salary and wage statutes and regulations, nondiscrimination laws and regulations, and licensing laws and regulations. When required, the Subgrantee shall furnish the Department with satisfactory proof of its compliance therewith. ARTICLE 2. STANDARD ASSURANCES The Subgrantee hereby assures and certifies that it will comply with the regulations, policies, guidelines, and requirements, including 49 CFR (Code of Federal Regulations), Part 18; 49 CFR, Part 19 (OMB [Office of Management and Budget] Circular A -110); OMB Circular A -87; 0M13 Circular A -102; OMB Circular A -21; OMB Circular A -122; OMB Circular A -133; and the Traffic Safety Program Manual, as they relate to the application, acceptance, and use of federal or state funds for this project. Also, the Subgrantee assures and certifies that: A. It possesses legal authority to apply for the grant; and that a resolution, motion, or similar action has been duly adopted or passed as an official act of the applicant's governing body, authorizing the filing of the application, including all understandings and assurances contained therein, and directing and authorizing the person identified as the official representative of the applicant to act in connection with the application and to provide such additional information as may be required. B. It and its subcontractors will comply with Title VI of the Civil Rights Act of 1964 (Public Law 88- 352), as amended, and in accordance with that Act, no person shall discriminate, on the grounds of race, color, sex, national origin, age, religion, or disability. C. It will comply with requirements of the provisions of the Uniform Relocation Assistance and Real Property Acquisitions Act of 1970, as amended; 42 USC (United States Code) § §4601 et seq.; and United States Department of Transportation (USDOT) regulations, "Uniform Relocation and Real Property Acquisition for Federal and Federally Assisted Programs," 49 CFR, Part 24, which provide for fair and equitable treatment of persons displaced as a result of federal and federally assisted programs. D. It will comply with the provisions of the Hatch Political Activity Act, which limits the political activity of employees. (See also Article 25, Lobbying Certification.) E. It will comply with the federal Fair Labor Standards Act's minimum wage and overtime requirements for employees performing project work. F. It will establish safeguards to prohibit employees from using their positions for a purpose that is or gives the appearance of being motivated by a desire for private gain for themselves or others, particularly those with whom they have family, business, or other ties. G. It will give the Department the access to and the right to examine all records, books, papers, or documents related to this Grant Agreement. H. It will comply with all requirements imposed by the Department concerning special requirements of law, program requirements, and other administrative requirements. I. It recognizes that many federal and state laws imposing environmental and resource conservation requirements may apply to this Grant Agreement. Some, but not all, of the major federal laws that may affect the project include: the National Environmental Policy Act of 1969, as amended, 42 USC § §4321 et seq.; the Clean Air Act, as amended, 42 USC § §7401 et seq. and sections of 29 USC; the Federal Water Pollution Control Act, as amended, 33 USC § §1251 et seq.; the Resource Conservation and Recovery Act, as amended, 42 USC § §6901 et seq.; and the Comprehensive Environmental Response, Compensation, and Liability Act, as amended, 42 USC § §9601 et seq. The Subgrantee also recognizes that the U.S. Environmental Protection Agency, USDOT, and other federal agencies have issued, and in the future are expected to issue, regulation, guidelines, standards, orders, directives, or other requirements that may affect this Project. Thus, it agrees to comply, and assures the compliance of each contractor and each subcontractor, with any such federal requirements as the federal government may now or in the future promulgate. J. It will comply with the flood insurance purchase requirements of Section 102(a) of the Flood Disaster Protection Act of 1973, 42 USC §4012a(a). Section 102(a) requires, on and after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any form of direct or indirect federal assistance. K. It will assist the Department in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 USC 470 et seq.), Executive Order 11593, and the Antiquities Code of Texas (National Resources Code, Chapter 191). L. It will comply with Chapter 573 of the Texas Government Code by ensuring that no officer, employee, or member of the Subgrantee's governing board or the Subgrantee's subcontractors shall vote or confirm the employment of any person related within the second degree of affinity or third degree by consanguinity to any member of the governing body or to any other officer or employee authorized to employ or supervise such person. This prohibition shall not prohibit the employment of a person described in Section 573.062 of the Texas Government Code. M. It will ensure that all information collected, assembled, or maintained by the applicant relative to this project shall be available to the public during normal business hours in compliance with Chapter 552 of the Texas Government Code, unless otherwise expressly provided by law. N. If applicable, it will comply with Chapter 551 of the Texas Government Code, which requires all regular, special, or called meetings of governmental bodies to be open to the public, except as otherwise provided by law or specifically permitted in the Texas Constitution. ARTICLE 3. COMPENSATION A. The method of payment for this Agreement will be based on actual costs incurred up to and not to exceed the limits specified in the Project Budget. The amount included in the Project Budget will be deemed to be an estimate only and a higher amount can be reimbursed, subject to the conditions specified in paragraph B hereunder. If the Project Budget specifies that costs are based on a specific rate, per -unit cost, or other method of payment, reimbursement will be based on the specified method. B. All payments will be made in accordance with the Project Budget. The Subgrantee's expenditures may overrun a budget category (I, II, or III) in the approved Project Budget without a grant (budget) amendment, as long as the overrun does not exceed a total of five (5) percent per year of the maximum amount eligible for reimbursement (TxDOT) in the attached Project Budget for the current fiscal year. This overrun must be off -set by an equivalent underrun elsewhere in the Project Budget. If the overrun is five (5) percent or less, the Subgrantee must provide written notification to the Department, through the TxDOT Electronic Grants Management System (eGrants) messaging system, prior to the Request for Reimbursement being approved. The notification must indicate the amount, the percent over, and the specific reason(s) for the overrun. Any overrun of more than five (5) percent of the amount eligible for reimbursement ( TxDOT) in the attached Project Budget requires an amendment of this Grant Agreement. The maximum amount eligible for reimbursement shall not be increased above the Grand Total TxDOT Amount in the approved Project Budget, unless this Grant Agreement is amended, as described in Article 5 of this Agreement. For Selective Traffic Enforcement Program (STEP) grants only: In the Project Budget, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or B, "PI &E Activities," to exceed the TxDOT amount listed in Subcategory C, "Other." Also, Subgrantees are not allowed to use underrun funds from the TxDOT amount of (100) Salaries, Subcategories A, "Enforcement," or C, "Other," to exceed the TxDOT amount listed in Subcategory 8, "PI &E Activities." The TxDOT amount for Subcategory B, "PI &E Activities," or C, "Other," can only be exceeded within the 5 percent flexibility, with underrun funds from Budget Categories II or III. C. To be eligible for reimbursement under this Agreement, a cost must be incurred in accordance with the Project Budget, within the time frame specified in the Grant Period of this Grant Agreement, attributable to work covered by this Agreement, and which has been completed in a manner satisfactory and acceptable to the Department. D. Federal or TxDOT funds cannot supplant (replace) funds from any other sources. The term "supplanting," refers to the use of federal or TxDOT funds to support personnel or an activity already supported by local or state funds. E. Payment of costs incurred under this Agreement is further governed by one of the following cost principles, as appropriate, outlined in the Federal Office of Management and Budget (OMB) Circulars: • A -21, Cost Principles for Institutions of Higher Education; • A -87, Cost Principles for State, Local, and Indian Tribal Governments; or, • A -122, Cost Principles for Nonprofit Organizations. F. The Subgrantee agrees to submit monthly or quarterly Requests for Reimbursement, as designated in this Grant Agreement, within thirty (30) days after the end of the billing period. The Request for Reimbursement and appropriate supporting documentation must be submitted through eGrants. G. The Subgrantee agrees to submit the final Request for Reimbursement under this Agreement within forty-five (45) days of the end of the grant period. H. The Department will exercise good faith to make payments within thirty (30) days of receipt of properly prepared and documented Requests for Reimbursement. Payments, however, are contingent upon the availability of appropriated funds. I. Project agreements supported with federal or TxDOT funds are limited to the length of this Grant Period specified in this Grant Agreement. If the Department determines that the project has demonstrated merit or has potential long -range benefits, the Subgrantee may apply for funding assistance beyond the initial Agreement period. Preference for funding will be given to those projects for which the Subgrantee has assumed some cost sharing, those which propose to assume the largest percentage of subsequent project costs, and those which have demonstrated performance that is acceptable to the Department. ARTICLE 4. LIMITATION OF LIABILITY Payment of costs incurred hereunder is contingent upon the availability of funds. If at any time during this Grant Period, the Department determines that there is insufficient funding to continue the project, the Department shall so notify the Subgrantee, giving notice of intent to terminate this Agreement, as specified in Article 11 of this Agreement. If at the end of a federal fiscal year, the Department determines that there is sufficient funding and performance to continue the project, the Department may so notify the Subgrantee to continue this agreement. ARTICLE 5. AMENDMENTS This Agreement may be amended prior to its expiration by mutual written consent of both parties, utilizing the Grant Agreement Amendment in eGrants. Any amendment must be executed by the parties within the Grant Period, as specified in this Grant Agreement. ARTICLE 6. ADDITIONAL WORK AND CHANGES IN WORK If the Subgrantee is of the opinion that any assigned work is beyond the scope of this Agreement and constitutes additional work, the Subgrantee shall promptly notify the Department in writing through eGrants system messaging. If the Department finds that such work does constitute additional work, the Department shall so advise the Subgrantee and a written amendment to this Agreement will be executed according to Article 5, Amendments, to provide compensation for doing this work on the same basis as the original work. If performance of the additional work will cause the maximum amount payable to be exceeded, the work will not be performed before a written grant amendment is executed. If the Subgrantee has submitted work in accordance with the terms of this Agreement but the Department requests changes to the completed work or parts thereof which involve changes to the original scope of services or character of work under this Agreement, the Subgrantee shall make such revisions as requested and directed by the Department. This will be considered as additional work and will be paid for as specified in this Article. If the Subgrantee submits work that does not comply with the terms of this Agreement, the Department shall instruct the Subgrantee to make such revisions as are necessary to bring the work into compliance with this Agreement. No additional compensation shall be paid for this work. The Subgrantee shall make revisions to the work authorized in this Agreement, which are necessary to correct errors or omissions appearing therein, when required to do so by the Department. No additional compensation shall be paid for this work. The Department shall not be responsible for actions by the Subgrantee or any costs incurred by the Subgrantee relating to additional work not directly associated with or prior to the execution of an amendment. ARTICLE 7. REPORTING AND MONITORING Not later than twenty (20) days after the end of each reporting period, the Subgrantee shall submit a performance report through eGrants. For short-term projects, only one report submitted by the Subgrantee at the end of the project may be required. For longer projects, the Subgrantee will submit reports at least quarterly and preferably monthly. The frequency of the performance reports is established through negotiation between the Subgrantee and the program or project manager. For Selective Traffic Enforcement Programs (STEPs), performance reports must be submitted monthly. The performance report will include, as a minimum: (I) a comparison of actual accomplishments to the objectives established for the period, (2) reasons why established objectives and performance measures were not met, if appropriate, and (3) other pertinent information, including, when appropriate, an analysis and explanation of cost underruns, overruns, or high unit costs. The Subgrantee shall submit the Final Performance Report through eGrants within twenty (20) days after completion of the grant. The Subgrantee shall promptly advise the Department in writing, through eGrants messaging, of events that will have a significant impact upon this Agreement, including: A. Problems, delays, or adverse conditions, including a change of project director or other changes in Subgrantee personnel, that will materially affect the ability to attain objectives and performance measures, prevent the meeting of time schedules and objectives, or preclude the attainment of project objectives or performance measures by the established time periods. This disclosure shall be accompanied by a statement of the action taken or contemplated and any Department or federal assistance needed to resolve the situation. B. Favorable developments or events that enable meeting time schedules and objectives sooner than anticipated or achieving greater performance measure output than originally projected. ARTICLE S. RECORDS The Subgrantee agrees to maintain all reports, documents, papers, accounting records, books, and other evidence pertaining to costs incurred and work performed hereunder, (hereinafter called the records), and shall make such records available at its office for the time period authorized within the Grant Period, as specified in this Grant Agreement. The Subgrantee further agrees to retain said records for four (4) years from the date of final payment under this Agreement, until completion of all audits, or until pending litigation has been completely and fully resolved, whichever occurs last. Duly authorized representatives of the Department, the USDOT, the Office of the Inspector General, Texas State Auditor, and the Comptroller General shall have access to the records. This right of access is not limited to the four (4) year period but shall last as long as the records are retained. ARTICLE 9. INDEMNIFICATION To the extent permitted by law, the Subgrantee, if other than a government entity, shall indemnify, hold, and save harmless the Department and its officers and employees from all claims and liability due to the acts or omissions of the Subgrantee, its agents, or employees. The Subgrantee also agrees, to the extent permitted by law, to indemnify, hold, and save harmless the Department from any and all expenses, including but not limited to attorney fees, all court costs and awards for damages incurred by the Department in litigation or otherwise resisting such claims or liabilities as a result of any activities of the Subgrantee, its agents, or employees. Further, to the extent permitted by law, the Subgrantee, if other than a government entity, agrees to protect, indemnify, and save harmless the Department from and against all claims, demands, and causes of action of every kind and character brought by any employee of the Subgrantee against the Department due to personal injuries or death to such employee resulting from any alleged negligent act, by either commission or omission on the part of the Subgrantee. If the Subgrantee is a government entity, both parties to this Agreement agree that no party is an agent, servant, or employee of the other party and each party agrees it is responsible for its individual acts and deeds, as well as the acts and deeds of its contractors, employees, representatives, and agents. ARTICLE 10. DISPUTES AND REMEDIES This Agreement supercedes any prior oral or written agreements. If a conflict arises between this Agreement and the Traffic Safety Program Manual, this Agreement shall govern. The Subgrantee shall be responsible for the settlement of all contractual and administrative issues arising out of procurement made by the Subgrantee in support of Agreement work. Disputes concerning performance or payment shall be submitted to the Department for settlement, with the Executive Director or his or her designee acting as final referee. ARTICLE 11. TERMINATION This Agreement shall remain in effect until the Subgrantee has satisfactorily completed all services and obligations described herein and these have been accepted by the Department, unless: • This Agreement is terminated in writing with the mutual consent of both parties; or • There is a written thirty (30) day notice by either party; or • The Department determines that the performance of the project is not in the best interest of the Department and informs the Subgrantee that the project is terminated immediately. The Department shall compensate the Subgrantee for only those eligible expenses incurred during the Grant Period specified in this Grant Agreement which are directly attributable to the completed portion of the work covered by this Agreement, provided that the work has been completed in a manner satisfactory and acceptable to the Department. The Subgrantee shall not incur nor be reimbursed for any new obligations after the effective date of termination. ARTICLE 12. INSPECTION OF WORK The Department and, when federal funds are involved, the US DOT, or any authorized representative thereof, have the right at all reasonable times to inspect or otherwise evaluate the work performed or being performed hereunder and the premises in which it is being performed. If any inspection or evaluation is made on the premises of the Subgrantee or its subcontractor, the Subgrantee shall provide and require its subcontractor to provide all reasonable facilities and assistance for the safety and convenience of the inspectors in the performance of their duties. All inspections and evaluations shall be performed in such a manner as will not unduly delay the work. ARTICLE 13. AUDIT The Subgrantee shall comply with the requirements of the Single Audit Act of 1984, Public Law (PL) 98- 502, ensuring that the single audit report includes the coverage stipulated in OMB Circular A -133, "Audits of States, Local Governments, and Other Non - Profit Organizations." The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under this Agreement or indirectly through a subcontract under this Agreement. Acceptance of funds directly under this Agreement or indirectly through a subcontract under this Agreement acts as acceptance of the authority of the State Auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. ARTICLE 14. SUBCONTRACTS The Subgrantee shall not enter into any subcontract with individuals or organizations not a part of the Subgrantee's organization without prior written concurrence, through eGrants system messaging, with the subcontract by the Department. Subcontracts shall contain all required provisions of this Agreement. No subcontract will relieve the Subgrantee of its responsibility under this Agreement. ARTICLE 15. GRATUITIES Texas Transportation Commission policy mandates that employees of the Department shall not accept any benefit, gift, or favor from any person doing business with or who, reasonably speaking, may do business with the Department under this Agreement. The only exceptions allowed are ordinary business lunches and items that have received the advanced written approval of the Department's Executive Director. Any person doing business with or who reasonably speaking may do business with the Department under this Agreement may not make any offer of benefits, gifts, or favors to Department employees, except as mentioned here above. Failure on the part of the Subgrantee to adhere to this policy may result in termination of this Agreement. ARTICLE 16. NONCOLLUSION The Subgrantee warrants that it has not employed or retained any company or person, other than a bona fide employee working solely for the Subgrantee, to solicit or secure this Agreement, and that it has not paid or agreed to pay any company or person, other than a bona fide employee, any fee, commission, percentage, brokerage fee, gift, or any other consideration contingent upon or resulting from the award or making of this Agreement. If the Subgrantee breaches or violates this warranty, the Department shall have the right to annul this Agreement without liability or, in its discretion, to deduct from the Agreement price or consideration, or otherwise recover the full amount of such fee, commission, brokerage fee, contingent fee, or gift. ARTICLE 17. CONFLICT OF INTEREST The Subgrantee represents that it or its employees have no conflict of interest that would in any way interfere with its or its employees' performance or which in any way conflicts with the interests of the Department. The Subgrantee shall exercise reasonable care and diligence to prevent any actions or conditions that could result in a conflict with the Department's interests. ARTICLE 18. SUBGRANTEE'S RESOURCES The Subgrantee certifies that it presently has adequate qualified personnel in its employment to perform the work required under this Agreement, or will be able to obtain such personnel from sources other than the Department. All employees of the Subgrantee shall have such knowledge and experience as will enable them to perform the duties assigned to them. Any employee of the Subgrantee who, in the opinion of the Department, is incompetent or whose conduct becomes detrimental to the work, shall immediately be removed from association with the project. Unless otherwise specified, the Subgrantee shall furnish all equipment, materials, supplies, and other resources required to perform the work. ARTICLE 19. PROCUREMENT AND PROPERTY MANAGEMENT The Subgrantee shall establish and administer a system to procure, control, protect, preserve, use, maintain, and dispose of any property furnished to it by the Department or purchased pursuant to this Agreement in accordance with its own property management procedures, provided that the procedures are not in conflict with the Department's property management procedures or property management standards and federal standards, as appropriate, in: • 49 CFR, Part 18, "Uniform Administrative Requirements for Grants and Cooperative Agreements to State and Local Governments," or • 49 CFR, Part 19 (OMB Circular A -110), "Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Nonprofit Organizations." ARTICLE 20. OWNERSHIP OF DOCUMENTS AND INTELLECTUAL PROPERTY Upon completion or termination of this Grant Agreement, whether for cause or at the convenience of the parties hereto, all finished or unfinished documents, data, studies, surveys, reports, maps, drawings, models, photographs, etc. prepared by the Subgrantee, and equipment and supplies purchased with grant funds shall, at the option of the Department, become the property of the Department. All sketches, photographs, calculations, and other data prepared under this Agreement shall be made available, upon request, to the Department without restriction or limitation of their further use. A. Intellectual property consists of copyrights, patents, and any other form of intellectual property rights covering any data bases, software, inventions, training manuals, systems design, or other proprietary information in any form or medium. B. All rights to Department. The Department shall own all of the rights (including copyrights, copyright applications, copyright renewals, and copyright extensions), title and interests in and to all data, and other information developed under this contract and versions thereof unless otherwise agreed to in writing that there will be joint ownership. C. All rights to Subgrantee. Classes and materials initially developed by the Subgrantee without any type of funding or resource assistance from the Department remain the Subgrantee's intellectual property. For these classes and materials, the Department payment is limited to payment for attendance at classes. ARTICLE 21. SUCCESSORS AND ASSIGNS The Department and the Subgrantee each binds itself, its successors, executors, assigns, and administrators to the other party to this Agreement and to the successors, executors, assigns, and administrators of such other party in respect to all covenants of this Agreement. The Subgrantee shall not assign, sublet, or transfer interest and obligations in this Agreement without written consent of the Department through eGrants messaging. ARTICLE 22. CIVIL RIGHTS COMPLIANCE A. Compliance with regulations: The Subgrantee shall comply with the regulations relative to nondiscrimination in federally- assisted programs of the USDOT: 49 CFR, Part 21; 23 CFR, Subchapter C; and 41 CFR, Parts 60 -74, as they may be amended periodically (hereinafter referred to as the Regulations). The Subgrantee agrees to comply with Executive Order 11246, entitled "Equal Employment Opportunity," as amended by Executive Order 11375 and as supplemented by the U.S. Department of Labor regulations (41 CFR, Part 60). B. Nondiscrimination: The Subgrantee, with regard to the work performed during the period of this Agreement, shall not discriminate on the grounds of race, color, sex, national origin, age, religion, or disability in the selection and retention of subcontractors, including procurements of materials and leases of equipment. C. Solicitations for subcontracts, including procurement of materials and equipment: In all solicitations either by competitive bidding or negotiation made by the Subgrantee for work to be performed under a subcontract, including procurements of materials and leases of equipment, each potential subcontractor or supplier shall be notified by the Subgrantee of the Subgrantee's obligations under this Agreement and the regulations relative to nondiscrimination on the grounds of race, color, sex, national origin, age, religion, or disability. D. Information and reports: The Subgrantee shall provide all information and reports required by the regulations, or directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the Department or the USDOT to be pertinent to ascertain compliance with such regulations or directives. Where any information required of the Subgrantee is in the exclusive possession of another who fails or refuses to furnish this information, the Subgrantee shall so certify to the Department or the US DOT, whichever is appropriate, and shall set forth what efforts the Subgrantee has made to obtain the requested information. E. Sanctions for noncompliance: In the event of the Subgrantee's noncompliance with the nondiscrimination provision of this Agreement, the Department shall impose such sanctions as it or the US DOT may determine to be appropriate. F. Incorporation of provisions: The Subgrantee shall include the provisions of paragraphs A. through E. in every subcontract, including procurements of materials and leases of equipment, unless exempt by the regulations or directives. The Subgrantee shall take such action with respect to any subcontract or procurement as the Department may direct as a means of enforcing such provisions, including sanctions for noncompliance. However, in the event a Subgrantee becomes involved in, or is threatened with litigation with a subcontractor or supplier as a result of such direction, the Subgrantee may request the Department to enter into litigation to protect the interests of the state; and in addition, the Subgrantee may request the United States to enter into such litigation to protect the interests of the United States. ARTICLE 23. DISADVANTAGED BUSINESS ENTERPRISE It is the policy of the Department and the USDOT that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, shall have the opportunity to participate in the performance of agreements financed in whole or in part with federal funds. Consequently, the Disadvantaged Business Enterprise requirements of 49 CFR Part 26, apply to this Agreement as follows: • The Subgrantee agrees to insure that Disadvantaged Business Enterprises, as defined in 49 CFR Part 26, have the opportunity to participate in the performance of agreements and subcontracts financed in whole or in part with federal funds. In this regard, the Subgrantee shall make good faith efforts in accordance with 49 CFR Part 26, to insure that Disadvantaged Business Enterprises have the opportunity to compete for and perform agreements and subcontracts. • The Subgrantee and any subcontractor shall not discriminate on the basis of race, color, sex, national origin, or disability in the award and performance of agreements funded in whole or in part with federal funds. These requirements shall be included in any subcontract. Failure to carry out the requirements set forth above shall constitute a breach of this Agreement and, after the notification of the Department, may result in termination of this Agreement by the Department, or other such remedy as the Department deems appropriate. ARTICLE 24. DEBARMENT /SUSPENSION A. The Subgrantee certifies, to the best of its knowledge and belief, that it and its principals: I. Are not presently debarred, suspended, proposed for debarment, declared ineligible or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three (3) year period preceding this Agreement been convicted of or had a civil judgment rendered against them for commission of fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a federal, state, or local public transaction or contract under a public transaction; violation of federal or state antitrust statutes; or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted or otherwise criminally or civilly charged by a federal, state, or local governmental entity with commission of any of the offenses enumerated in paragraph A. 2. of this Article; and 4. Have not, within a three (3) year period preceding this Agreement, had one or more federal, state, or local public transactions terminated for cause or default. B. Where the Subgrantee is unable to certify to any of the statements in this Article, such Subgrantee shall attach an explanation to this Agreement. C. The Subgrantee is prohibited from making any award or permitting any award at any tier to any party which is debarred or suspended or otherwise excluded from or ineligible for participation in federal assistance programs under Executive Order 12549, Debarment and Suspension. D. The Subgrantee shall require any party to a subcontract or purchase order awarded under this Grant Agreement to certify its eligibility to receive federal grant funds, and, when requested by the Department, to furnish a copy of the certification. ARTICLE 25. LOBBYING CERTIFICATION The Subgrantee certifies to the best of his or her knowledge and belief that: A. No federally appropriated funds have been paid or will be paid by or on behalf of the Subgrantee to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement. B. If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, the party to this Agreement shall complete and submit Standard Form - LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. C. The Subgrantee shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontracts) and that all subrecipients shall certify and disclose accordingly. This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. ARTICLE 26. CHILD SUPPORT STATEMENT Unless the Subgrantee is a governmental or non - profit entity, the Subgrantee certifies that it either will go to the Department's website noted below and complete the Child Support Statement or already has a Child Support Statement on file with the Department . The Subgrantee is responsible for keeping the Child Support Statement current and on file with that office for the duration of this Agreement period. The Subgrantee further certifies that the Child Support Statement on file contains the child support information for the individuals or business entities named in this grant. Under Section 231.006, Family Code, the Subgrantee certifies that the individual or business entity named in this Agreement is not ineligible to receive the specified grant or payment and acknowledges that this Agreement may be terminated and payment may be withheld if this certification is inaccurate. The form for the Child Support Statement is available on the Internet at: http://www.dot.state.tx.us/cso/default.htm. RESPONSIBILITIES OF THE DEPARTMENT: A. Monitor the Subgrantee's compliance with the performance obligations and fiscal requirements of this Grant Agreement using appropriate and necessary monitoring and inspections, including but not limited to: • review of periodic reports • telephone conversations • eGrants system messaging • e -mails and letters • quarterly review meetings • physical inspection of project records and supporting documentation. B. Provide program management and technical assistance. C. Attend appropriate meetings. D. Reimburse the Subgrantee for all eligible costs as defined in the project budget. Requests for Reimbursement will be processed up to the maximum amount payable as indicated in the project budget. E. Perform an administrative review of the project at the close of the grant period to: • Ascertain whether or not the project objectives were met • Review project accomplishments (performance measures completed, targets achieved) • Document any progress towards self - sufficiency • Account for any approved Program Income earned and expended • Identify exemplary performance or best practices. RESPONSIBILITIES OF THE SUBGRANTEE: A. Carry out all performance measures established in the grant, including fulfilling the law enforcement objectives by implementing the Operational Plan contained in this Grant Agreement. B. Submit all required reports to the Department (TxDOT) fully completed with the most current information, and within the required times, as defined in Article 3 and Article 7 of the General Terms and Conditions of this Grant Agreement. This includes reporting to the Department on progress, achievements, and problems in monthly Performance Reports and attaching necessary source documentation to support all costs claimed in Requests for Reimbursement (RFR). C. Attend Department- approved grant management training. D. Attend meetings according to the following: 1. The Department will arrange for meetings with the Subgrantee to present status of activities and to discuss problems and the schedule for the following quarter's work. 2. The project director or other appropriate qualified persons will be available to represent the Subgrantee at meetings requested by the Department. E. Support grant enforcement efforts with public information and education (PI &E) activities. Salaries being claimed for PI &E activities must be included in the budget. F. When applicable, all newly developed PI &E materials must be submitted to the Department for written approval, through the TxDOT Electronic Grants Management System (eGrants) system messaging, prior to final production. Refer to the Traffic Safety Program Manual regarding PI &E procedures. G. For out of state travel expenses to be reimbursable, the Subgrantee must have obtained the written approval of the Department, through eGrants system messaging, prior to the beginning of the trip. Grant approval does not satisfy this requirement. For Department district - managed grants, the Subgrantee must have obtained written Department district approval, through eGrants system messaging, for travel and related expenses if outside of the district boundaries. H. Maintain verification that all expenses, including wages or salaries, for which reimbursement is requested is for work exclusively related to this project. I. Ensure that this grant will in no way supplant (replace) funds from other sources. Supplanting refers to the use of federal funds to support personnel or any activity already supported by local or state funds. J. Ensure that each officer working on the STEP project will complete an officer's daily report form. The form should include at a minimum: name, date, badge or identification number, type of grant worked, grant site number, mileage (including starting and ending mileage), hours worked, type of citation issued or arrest made, officer and supervisor signatures. K. Ensure that no officer above the rank of Lieutenant (or equivalent title) will be reimbursed for enforcement duty, unless the Subgrantee received specific written authorization from the Department, through eGrants system messaging, prior to incurring costs. L. Subgrantee may work additional STEP enforcement hours on holidays or special events not covered under the Operational Plan. However, additional work must be approved in writing by the Department, through eGrants system messaging, prior to enforcement. Additional hours must be reported in the Performance Report for the time period for which the additional hours were worked. M. If an officer makes a STEP - related arrest during the shift, but does not complete the arrest before the shift is scheduled to end, the officer can continue working under the grant to complete that arrest. N. Subgrantees with a traffic unit will utilize traffic personnel for this grant, unless such personnel are unavailable for assignment. O. Prior to conducting speed enforcement, the Subgrantee must select and survey enforcement sites that comply with existing state mandated speed limits in accordance with the Texas Transportation Code, Sections 545.352 through 545.356. P. Officers assigned to speed sites should be trained in the use of radar or laser speed measurement devices. Q. The Subgrantee should have a safety belt use policy. If the Subgrantee does not have a safety belt use policy in place, a policy should be implemented, and a copy maintained for verification during the grant year. R. Officers working DWI enforcement must be trained in the National Highway Traffic Safety Administration/International Association of Chiefs of Police Standardized Field Sobriety Testing (SFST). In the case of a first year subgrantee, the officers must be trained, or scheduled to be SFST trained, by the end of the grant year. For second or subsequent year grants, all officers working DWI enforcement must be SFST trained. S. The Subgrantee should have a procedure in place for contacting and using drug recognition experts (DREs) when necessary. T. The Subgrantee is encouraged to use the DWI On -line Reporting System available through the Buckle Up Texas Web site at www.buckleuptexas.com. City of Corpus Christi GOALS AND STRATEGIES To increase effective enforcement and adjudication of Goal: traffic safety - related laws to reduce fatal and serious injury crashes Strategies: Increase enforcement of traffic safety - related laws. Increase public education and information campaigns. Goal: To increase occupant restraint use in all passenger vehicles and trucks Strategy: Increase enforcement of occupant protection laws. 0 I agree to the above goals and strategies. 2008 TxDOT 17 5/1/2008 City of Corpus Christi 2008 LAW ENFORCEMENT OBJECTIVE /PERFORMANCE MEASURE 1. Number and type citations /arrests to be issued under STEP a. Safety belt citations to be issued during the Memorial Day Holiday Click It or Ticket (CIOT) mobilization b. Child safety seat citations to be issued during the Memorial Day Holiday CIOT mobilization 2. Total Number of Enforcement Hours Step Indicator 3. Increase the safety belt usage rate among drivers and front seat passengers during the Memorial Day Holiday CIOT mobilization, between pre & post survey results, by at least the following percentage points 1136 100 412 4.5 2% TxDOT 18 5/1/2008 City of Corpus Christi PI &E OBJECTIVE /PERFORMANCE MEASURE 1. Complete administrative and general grant requirements a. Number of Performance Reports to be submitted b. Number of Requests for Reimbursement to be submitted 2. Support Grant efforts with a public information and education (PI &E) program a. Conduct presentations b. Conduct media exposures (e.g. news conferences, news releases, and interviews) 1 2 c. Conduct community events (e.g. health fairs, booths) 1 d. Produce the following number of public information and 0 education materials e. Number of public information and education materials 600 distributed 2008 TxDOT 19 5/1/2008 CO 0 0 N FRINGE BENEFITS - 100 & 200 City of Corpus Christi 1Law Enforcement Hours 412 1 PI Overtime ❑ Regular Time Total Fringe: C) r m. .n M o o U o r as isr Vr $° I o o $°I o vr r N r- O1 in m RI -$ I $16,029.80 $3,597.57 Breakdown of Fringe Percentages: TMRS = 14.8% FICA = 7.65% N CJl 0 -H P W 0 OA 1n c • N o %I o ow w 0 w 22.45 % 1 a\o eV, ao 0 w Total Salaries 0 O at ul r 4 r1 th 0 co 0 u) 0 & 0 CO U) ki0 N yr 0 {Pr 0 [? O VI- 0 V} 0 </r 0 m Q N 0 W ■i U> Match de 0 O O ap O O o p V} O Vr Match Salaries $01 O Vr $01 O VT 0 .CO- 0 iR 0 0. 0 CO- 0 (/r 0 V)- 0 V} TxDOT Salaries 0 O Cr) al C-- o -I yr O ;Jr O Vr 0 CO 1a Let N 0 (fl- 0 VI- 0 Vr 0 Vr 0 -CO 0 CO a N 0 43 ri N 61 U1 Z:jl JJ al (EI 1Xi 0 1f) N CO Cl $0 0 u? $0 $44.300 Match Flours 0 0 0 0 0 1 TxDOT ol. o o o OP o o 0 co c N 0 lID t• I $3,597.571 TxDOT Hours [Zit, o a A. Enforcement (overtime) 1Officers / Deputies: 1Sergeants: Lieutenants / Other: B. PI &E Activities (overtime) Iffi N .1 4,.) 4,.) ? •rl J, o 4 W H a C. Administrative Duties 1Grant paperwork 1Administrative Duties Administrative Duties 1Administrative Duties u) a) r{ }S R Ill u N sa +J C G Administrative Duties 1 Total: Category Salaries: Fringe Benefits: City of Corpus Christi 2008 Terms and Conditions GI TERMS, CONDITIONS AND RESPONSIBILITIES I Agree with the Terms and Conditions. Responsibilities of the Subgrantee I Agree with the Responsibilities of the Subgrantee. Responsibilities of the Department 19 I Agree with the Responsibilities of the Department. TXQOT 21 5/1/2008 City of Corpus Christi BUDGET SUMMARY 2008 Budget Category TxDOT Match Total Category I - Labor Costs (100)Salaries $16,024.80 $0 $16,24.80 (200)Fringe Benefits $3,597.57 $0 $3,597.57 Category I Sub -Total $19,622.37 $0 $19,622.37 Category II - Other Direct Costs (300)Travel $366.03 $0 $366.03 (400)Equipment $0 (500)Supplies $0 (600)Contractual Services $0 (700) Other Miscellaneous $0 Category II Sub -Total $366.03 $0 $366.03 Total Direct Costs $19,988.40 $0 $19,988.40 Category III - Indirect Coats (800)Indirect Cost Rate $0 Summary Total Labor Costs $19,622.37 $0 $19,622.37 Total Direct Costs $366.03 $0 $366.03 Total Indirect Costs $0 Grand Total $19,988.40 $0 $19,955 40 Fund Sources (Percent Share) 100.00% 0.00% TxDOT 22 5/1/2008 City of Corpus Christi 2008 CIOT OPERATIONAL PLAN ® I agree to the terms and conditions detailed on this page. Site Description Pre Surveys Pre -Media Campaign Occupant Protection Jurisdiction Wide May 13 - 15, 2008 May 16 - 18, 2008 "Enforcement Period (Minimum # of enforcement days: 4) (day or nighttime)" May 19 - June 1, 2008 Post Surveys June 2 - 4, 2008 Post -Media Campaign June 5 - 7, 2008 "Pre- Surveys" Pre -Media Campaign Description of Activities Prior to conducting any wave enforcement activity, agencies must conduct pre - observational surveys to establish safety belt usage rates. The cities of Houston, Dallas, San Antonio, Austin, El Paso, Fort Worth, Arlington, Corpus Christi, Lubbock and Garland will have their surveys conducted by the Texas Transportation Institute (TTI). All other agencies must conduct their own pre - observational surveys using the Texas Department of Transportation's (TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the "Survey Worksheet and Tools" link. Conduct local media events immediately before the enforcement effort to maximize the visibility of enforcement to the public. These media events tell the public when, where, how and why the safety belt laws are being enforced. Media will emphasize the special target groups of each wave effort, i.e. CIOT. TxDOT 23 5/1/2008 City of Corpus Christi 2008 Enforcement Period Intensify enforcement through an overtime STEP that places primary emphasis on increasing the number of citations for non -use of occupant restraints during the peak holiday traffic. Post - surveys Post -media Campaign Note: Conduct post- observational surveys to determine safety belt usage. Measure the impact of the media /enforcement effort. The cities of Houston, Dallas, San Antonio, Austin, El Paso, Fort Worth, Arlington, Corpus Christi, Lubbock and Garland will have their surveys conducted by the Texas Transportation Institute (TTI), All other agencies must conduct their own post - observational surveys using the Texas Department of Transportation's ( TxDOT) survey protocol and instructions that can be found at www.buckleuptexas.com. Click on the "Survey Worksheet and Tools" link. Conduct local media events to tell the public why the safety belt laws are important and the results of the wave. "The Survey and Media dates above are to be used as a guide. Late grant execution may result in a subgrantee conducting pre - survey and pre -media activities at a later date. These activities must occur prior to enforcement activities beginning. The Post -media Campaign may begin immediately after the post observational surveys are conducted." TxDOT 24 5/1/2008 ORDINANCE APPROPRIATING $19,988.40 FROM THE TEXAS DEPARTMENT OF TRANSPORTATION FOR THE FUNDING OF THE CLICK IT OR TICKET (CIOT) SELECTIVE TRAFFIC ENFORCEMENT PROJECT (STEP) WITHIN THE POLICE DEPARTMENT IN THE NO, 1061 POLICE GRANTS FUND; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $19,988.40 from the Texas Department of Transportation is appropriated in the No. 1061 Police Grants Fund for funding of the Click It or Ticket (CIOT) Selective Traffic Enforcement Project (STEP) within the Police Department. SECTION 2, That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading on this the 13th of May, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form 040.6 - Z , 2008 Joseph Harry Assistant City Attorney For City Attorney ( TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, l/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 5 AGENDA MEMORANDUM City Council Action Date: Mav 13, 2008 AGENDA ITEM: ITEM A: RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. ITEM B: ORDINANCE APPROPRIATING A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY. ISSUE: The Health District is in receipt of Contract #2008 - 025332 -001, with the Department of State Health Services (DSHS). The Health District in collaboration with the Coastal Bend Health Education Center (CBHEC) has developed an educational diabetes program for diabetics as well as individuals and family members at risk for diabetes. This project addresses two unmet needs in this area: 1.) lack of "prevention" education programs and 2.) Increased capacity of existing programs for persons /families with diabetes. These grant funds will be used for personnel costs, fringe benefits, travel, supplies, and contractual costs. The grant period is from March 30, 2008 to March 29, 2009. REQUIRED COUNCIL ACTION: Acceptance of the grant and appropriation of funds. PREVIOUS COUNCIL ACTION: Council approved funding FY07 -08. FUNDING: There is no match funding required by the city. CONCLUSION AND RECOMMENDATION: Recommend City Council to approve the contract attachment and appropriate funding for a family focused community diabetes service project. 0 nnette Rodriguez, M. .H. Acting Director of Public Health BACKGROUND INFORMATION This is a renewal grant that has been provided to the Health District from DSHS. The purpose of the funding is to assist in addressing the devastating effects of diabetes mellitus in our area. This contract period will increase diabetes education programs for individuals at risk for developing diabetes. No matching funds are required. The grant provides for one full time program coordinator and a part-time program assistant. Activities supported by this funding include personnel costs, fringe benefits, travel, supplies, and contractual costs for items such as incentives, i.e., pedometers needed to increase client participation. A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO ACCEPT A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES AND TO EXECUTE ALL RELATED DOCUMENTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager or his designee is authorized to accept a grant of $80,000 from the Texas Department of State Health Services to provide diabetes prevention and management services and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 25, 2008 °/ Elizabdh R. Hundley Assi , r nt City Attorney for the City Attorney EHres2lO.doc Henry Garrett Mayor Corpus Christi, Texas day of , 200$ The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon AN ORDINANCE APPROPRIATING A GRANT OF $80,000 FROM THE TEXAS DEPARTMENT OF STATE HEALTH SERVICES IN THE NO. 1066 HEALTH GRANTS FUND TO PROVIDE DIABETES PREVENTION AND MANAGEMENT SERVICES; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant of $80,000 from the Texas Department of State Health Ser- vices is appropriated in the No. 1066 Health Grants Fund to provide diabetes prevention and management services. SECTION 2. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 25, 2008 1/ Elizalth R. Hundley Assi ant City Attorney for the City Attorney EHord228.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord228.doc DEPARTMENT OF STATE HEALTH SERVICES This contract, number 2008- 025332 (Contract), is entered into by and between the Department of State Health Services (DSHS or the Department), an agency of the State of Texas, and CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) (Contractor), a Government Entity., (collectively, the Parties). 1. Purpose of the Contract. DSHS agrees to purchase, and Contractor agrees to provide, services or goods to the eligible populations as described in the Program Attachments. 2. Total Amount of the Contract and Payment Method(s). The total amount of this Contract is $80,000.00, and the payment method(s) shall be as specified in the Program Attachments. 3. Funding Obligation. This Contract is contingent upon the continued availability of funding. If funds become unavailable through lack of appropriations, budget cuts, transfer of funds between programs or health and human services agencies, amendment to the Appropriations Act, health and human services agency consolidation, or any other disruptions of current appropriated funding for this Contract, DSHS may restrict, reduce, or terminate funding under this Contract. 4. Term of the Contract. This Contract begins on 03/30/2008 and ends on 03/29/2009. DSHS has the option, in its sole discretion, to renew the Contract as provided in each Program Attachment. DSHS is not responsible for payment under this Contract before both parties have signed the Contract or before the start date of the Contract, whichever is later. 5. Authority. DSHS enters into this Contract under the authority of Health and Safety Code, Chapter 1001. 6. Documents Forming Contract The Contract consists of the following: a. Core Contract (this document) b. Program Attachments: 2008 - 025332 -001 DIABETES -COMM. DIABETES SERVICES c. General Provisions (Sub - recipient) d. Solicitation Document(s), and e. Contractor's response(s) to the Solicitation Document(s). f. Exhibits Any changes made to the Contract, whether by edit or attachment, do not form part of the Contract unless expressly agreed to in writing by DSHS and Contractor and incorporated herein. 7. Conflicting Terms. In the event of conflicting terms among the documents forming this Contract, the order of control is first the Core Contract, then the Program Attachment(s), then the General Provisions, then the Solicitation Document, if any, and then Contractor's response to the Solicitation Document, if any. 8. Payee. The Parties agree that the following payee is entitled to receive payment for services rendered by Contractor or goods received under this Contract: Name: CITY OF CORPUS CHRISTI Address: PO BOX 9277 CORPUS CHRISTI, TX 78469 -9277 Vendor Identification Number: 17460005741027 9. Entire Agreement. The Parties acknowledge that this Contract is the entire agreement of the Parties and that there are no agreements or understandings, written or oral, between them with respect to the subject matter of this Contract, other than as set forth in this Contract. By signing below, the Parties acknowledge that they have read the Contract and agree to its terms, and that the persons whose signatures appear below have the requisite authority to execute this Contract on behalf of the named party. DEPARTMENT OF STATE HEALTH SERVICES CORPUS CHRISTI - NUECES COUNTY PUBLIC HEALTH DISTRICT (CITY) By: Signature of Authorized Official Date Bob Burnette, C.P.M., CTPM Director, Client Services Contracting Unit 1100 WEST 49TH STREET By: Signature Date Printed Name and Title Address AUSTIN, TEXAS 78756 City, State, Zip (512) 458-7470 Bob.Bumette @dshs.state.tx.us Telephone Number E -mail Address for Official Correspondence 6 AGENDA MEMORANDUM May 13, 2008 AGENDA ITEM: Resolution authorizing the City Manager or his designee, subject to Federal Aviation Administration ( "FAA ") funding approval, to accept FAA FY08 grants in an amount not to exceed $8,700,000 to rehabilitate taxiway systems, rehabilitate Taxiway "M," design airfield rescue and firefighting station modifications, complete drainage improvements Phase VI, rehabilitate the airport perimeter road, and design an Airport Improvement Program (AIP) equipment housing facility and various hangar structures at the Corpus Christi International Airport, and to execute all related documents. ISSUE: The Federal Aviation Administration is anticipated to offer AIP grants to the City of Corpus Christi in an amount not to exceed $8,700,000 for various projects at Corpus Christi International Airport. The formal award has not been presented to the City however the FAA has requested that the Airport receive pre - authorization from Council so that the Airport may be positioned to receive the maximum available funding. The Grant is in an amount not to exceed $8,700,000 with the Airport contributing a 5% match with Airport Capital Reserve funds. FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants. RECOMMENDATION: Approval of the Resolution as presented. Fernando. Segundo Director of Aviation ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City is anticipated to receive an offer for FY 08 FFA Grants in the amount of $8,700,00 to Rehabilitate Taxiway Systems; Rehabilitate Taxiway M, Design Airfield Rescue and Firefighting Station Modifications; Improvements - Drainage Phase VI ; Rehabilitate Airport Perimeter Road; Design of AIP Equipment Housing Facility and various Hangar structures at Corpus Christi International Airport. This grants are for 95% of the project(s) cost with the Airport's matching 5 %. Authorization to accept the grants by resolution is necessary to proceed with the award process. The proposed resolution will be followed by formal appropriation of funds by Council in June 2008. PROJECTS DESCRIPTION: The grants will fund the following: Rehabilitation of the airport taxiway system. Work milling and overlaying of approximately 43,000 square yards of damaged asphalt pavement; and routing, crack sealing and pavement sealing of approximately 214,000 square yards of asphalt pavement. In addition, CCIA currently has a majority of its airfield guidance signs that are in need of replacement. This work will include replacing all fixtures, transformers, connector kits, duct bank, cabling, some concrete bases and associated signage. The installation of this signage will greatly reduce the amount of energy CCIA currently uses to operate these signs and meet current FAA requirements. The construction of this project will enhance and increase the life of the existing Taxiway System. Rehabilitation of Taxiway M in conjunction with the U.S. Coast Guard's design and construction of a 50,000 SF facility on approximately 16 acres of Airport property to accommodate personnel and aircraft. Access to the taxiway system from this area will be provided through an existing taxiway, formerly identified as Taxiway "M ". This taxiway is only 50' wide and has no lighting system. This project includes the rehabilitation of approximately 1500 linear feet of this existing taxiway. The project will include taxiway reconstruction, taxiway widening to accommodate USCG aircraft, installation of taxiway lighting system and guidance signs, and grading. ARFF Station modifications will allow for adequate clearance for ARFF vehicles which are being designed wider and larger. This project will also extend the vehicle apron surrounding the ARFF station, replace portions of damaged concrete panels within the existing vehicle apron and provide an additional access road from the ARFF station to the airfield at Taxiway "D ". Drainage Improvements Phase VI continues CCIA's effort to increase drainage capacity to meet current FAA requirements. These improvements include: Increasing the storm water storage and culvert capacities to meet a 25 -year storm water event. BACKGROUND INFORMATION Rehabilitation of the Airport perimeter road is needed due to substantial airport acreage acquisition over the years. Airport Public Safety /ARRF Personnel /EMT Personnel do not have access to certain areas within the Airport property perimeter boundary. This project will extend the existing perimeter road to areas that are currently inaccessible. This includes the construction of approximately 21,000 linear feet of additional perimeter road (including associated drainage work) to provide access to these areas in case of emergencies and/or for perimeter boundary inspections and provide security in accordance with an FAA approved Title 49 CFR, Part 1542 plan. AIP purchased equipment is currently housed in an existing 25+ year old Aircraft Hangar that was initially built for aircraft maintenance and storage. This project will construct a storage building to house and protect AIP purchased equipment from the corrosive natural elements that exist in the local environment. Additional T- Hangars are required to meet customer service demand. The T- Hangars allow aircraft to be secured and remain housed at the airport. FUNDING: Funding is available from the FAA Grant and Airport CIP Funds. BOARD /COMMITTEE REVIEW: The Airport Board will review the grant offer at its May 2008 Meeting. A RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE, SUBJECT TO FEDERAL AVIATION ADMINISTATION (FAA) FUNDING APPROVAL, TO ACCEPT FAA FY08 GRANTS IN AN AMOUNT NOT TO EXCEED $8,700,000 TO REHABILITATE TAXIWAY SYSTEMS, REHABILITATE TAXIWAY "M," DESIGN AIRFIELD RESCUE AND FIREFIGHTING STATION MODIFICATIONS, COMPLETE DRAINAGE IMPROVEMENTS PHASE VI, REHABILITATE THE AIRPORT PERIMETER ROAD, AND DESIGN AN AIRPORT IMPROVEMENT PROGRAM EQUIPMENT HOUSING FACILITY AND VARIOUS HANGAR STRUCTURES AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT 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, subject to Federal Aviation Admini- stration ( "FAA ") funding approval, is authorized to accept FAA FY08 grants in an amount not to exceed $8,700,000 to rehabilitate taxiway systems, rehabilitate Taxiway "M," design airfield rescue and firefighting station modifications, complete drainage improvements Phase VI, rehabilitate the airport perimeter road, and design an Airport Improvement Program equipment housing facility and various hangar structures at the Corpus Christi International Airport, and to execute all related documents. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 5, 2008 Eliz- •4 th R. Hundle Ass :ant City Attorney for the City Attorney EHres211 revd.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 7 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 13, 2008 AGENDA ITEM: A. Resolution authorizing the City Manager or his designee to execute all documents necessary to accept a grant from the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (CO -OP), a summer outdoor recreation program for youth. B. Ordinance appropriating a $30,000 grant from Texas Parks and Wildlife Department in the No. 1067 Park and Recreation Grant Fund to operate the Community Outdoor Outreach Program (CO -OP), a summer outdoor recreation program. for youth; and declaring an emergency. ISSUE: The City of Corpus Christi has been awarded a $30,000 grant from Texas Parks and Wildlife to operate the Community Outdoor Outreach Program (CO -OP), an outdoor recreation program for youth participating in the City's summer program. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager or his designee to accept and appropriate these funds. PREVIOUS COUNCIL ACTION: Council authorized an application to the Texas Parks and Wildlife Recreational Community Outdoor Outreach Program at their January 15, 2008 meeting. FUNDING: Grant award requires.a $10,000 commitment in funds or in -kind contributions from the City. This commitment was previously budgeted and will come from the General Fund 1020, Summer Youth Operations Org 13310. CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution and ordinance. !.I Sammy G- lik, ''rect. Parks - d Recreation Attachment: Background Information BACKGROUND INFORMATION The Recreation Center Division of the Corpus Christi Parks and Recreation Department is applying for funds from the Texas Parks and Wildlife Department to offer an outdoor recreation /education program to area teens. Activities will include fishing, camping, kayaking, orienteering, and wildlife and flora identification. The program will be named Escape Outdoors! TEXAS PARKS WILDLIFE Life's better outside:" Commissioners Peter M. Holt Chairman San Antonio T. Dan Frledkin Vice-Chairman Houston Mark E. Blvins Amarillo J. Robert Brown El Paso Ralph H. Dugglns Fort Worth Antonio Falcon, M.O. Rio Grande City Karen J. Nixon San Antonio Margaret Martin Boerne John 0. Parker Lufkin Lee M. Bass Chatrman-Emeritus Fort Worth Carter P. Smith Executive Director 4200 SMITH SCHOOL ROAD AUSTIN, TEXAS 78744-3291 512.389,4800 April 14, 2008 George K. Noe, City Manager Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469 Re: Escape Outdoors Dear Mr. Noe: RECEIVED APR 17 2008 CITY MANAGER'S OFFICr The Community Outdoor Outreach Grant review committee has approved your grant proposal for $30,000. A project agreement (contract) between the Corpus Christi and the Texas Parks and Wildlife Department (TPWD) can now be executed. Two copies of the following documents are enclosed for your signature: 1. Program Agreement 2. General Provisions Please review and sign all documents and return one copy of each document to the TPWD. You will also find enclosed program reimbursement instructions and related forms. These documents should be retained with the executed contract documents in a permanent file and used for reimbursement requests. Please do not purchase items not included in your contract without prior approval. Purchases made prior to the contract approval will not be refunded. Requests for amendments must be made in writing via email or by letter and made prior to spending. Quarterly status reports are also required, and your first report is due July 15, 2008 (for 2nd quarter). Your quarterly reports should include: updated project status information, calendar of scheduled events, progress reports and evaluation reports. It is critical that you include an updated schedule of events with dates so we can have the opportunity to observe your program, Please address all correspondence to Darlene Lewis and include the project name and project number on alt submissions. All requests for seed funds must be done in writing. If you have any questions, please call us at 512 - 389 -8224 or you can email me at: darlene.Iewist tpwd.state.tx.us It is very important that you spend all the funds requested. Failure to do so could affect your organization's ability to qualify for future CO -OP funding. If you have questions, call or email me or Dana Lagarde at dana.lagardec tpwd.state.tx.us. We look forward to working with you on this project. Sir).c ely, arlenb4 ewis Program Director Community Outdoor Outreach Program DL:tg To manage and conserve the natural and cultural resources of Texas and to provide hunting, fishing www.tpwd.state.tx.us and outdoor recreation opportunities for the use and enjoyment of present and future generations. TEXAS PARKS AND WILDLIFE DEPARTMENT COMMUNITY OUTDOOR OUTREACH PROGRAM AGREEMENT Project Name and Number: Escape Outdoors; Project Number 52- 000429 Project Period: TPWD Approval Date to June 30, 2009 Total Project Cost: $40,000.00 Approved State Funds: $30,000.00 PROJECT DESCRIPTION (SCOPE): The City of Corpus Christi will administer the Escape Outdoors program which will provide participants an opportunity to learn about the natural, environmental and cultural resources of the Coastal Bend Region. This project will serve 150 students. At least 50% are low - income, at least 50% are ethnic minorities and at least 50% will be females as well as physically /mentally challenged youth. Participants will visit a minimum of two (2) state parks, The Texas Coastal Paddling Trails and participate in Project Wild and Aquatic Wild programs. Activities will include canoeing/kayaking, outdoor cooking, plant identification, fishing and camping. For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department ( "Department") and the "Sponsor" hereby contract with respect to the above described project as follows: 1. The Sponsor is obligated to adhere to all requirerpents for the Texas Recreation and Parks Account Program including program guidelines set out at 31 TAC Sec. 61.135. 2. No work on the project by the Sponsor shall commence until there is a signed contract by both parties is on file with the department. 3. M changes to this agreement must be approved in advance by the Department. 4. The Genera! Provisions and Budget Summary of Project Costs attached hereto are hereby made part of this agreement. 5. The Agreement is effective upon execution by the Department. 6. Documentation must be provided for reimbursement. This Grant Program does not reimburse for Indirect costs. TEXAS PAR By ILDLIFE DEPARTMENT Tim Hogsett, Director, Recreation Grants Branch (Name and Title) City of Corpus Christi POLITICAL SUBDIVISION (SPONSOR) By (Name and Title) April 15, 2008 (Date of Approval) (Date of Approval) TEXAS PARKS AND WILDLIFE DEPARTMENT COMMUNITY OUTDOOR OUTREACH PROGRAM AGREEMENT Project Name and Number: Escape Outdoors; Project Number 52.000429 Project Period: TPWD Approval Date to June 30, 2009 Total Project Cost: $40,000.00 Approved State Funds: $30,000.00 PROJECT DESCRIPTION (SCOPE): The City of Corpus Christi will administer the Escape Outdoors program which will provide participants an opportunity to learn about the natural, environmental and cultural resources of the Coastal Bend Region. This project will serve 150 students. At least 50% are low- income, at least 50% are ethnic minorities and at least 50% will be females as well as physically /mentally challenged youth. Participants will visit a minimum of two (2) state parks, The Texas Coastal Paddling Trails and participate in Project Wild and Aquatic Wild programs. Activities will include canoeing/kayaking, outdoor cooking, plant identification, fishing and camping. For and in consideration of the mutual covenants and benefits hereof, the Texas Parks and Wildlife Department ( "Department ") and the "Sponsor" hereby contract with respect to the above described project as follows; 1. The Sponsor is obligated to adhere to all requirements for the Texas Recreation and Parks Account Program Including program guidelines set out at 31 TAC Sec. 61.135. 2. No work on the project by the Sponsor shall commence until there is a signed contract by both parties is on file with the department. 3. All changes to this agreement must be approved in advance by the Department. 4. The General Provisions and Budget Summary of Project Costs attached hereto are hereby made part of this agreement. 5. The Agreement is effective upon execution by the Department. 6. Documentation must be provided for reimbursement. This Grant Program does not reimburse for indirect costs. TEXAS PA 5 A u' WILDLIFE DEPARTMENT City of Corpus Christi POLITICAL SUBDIVISION (SPONSOR) By Tim Hogsett, Director, Recreation Grants Branch (Name and Title) By (Name and Title) April 15, 2008 (Date of Approval) (Date of Approval) BUDGET SUMMARY OF PROJECT COSTS Sponsor: City of Corpus Christi Project: Escape Outdoors! Project Number: 52- 000429 TEXAS PARKS & WILDLIFE DEPARTMENT A. Program Supplies Camping equipment/supplies Camp/entry fees CompasseslGPS units /Maps Kayaks /Paddles /PFDsJTrailer Educational Literature /handbooks Program Incentives /Awards Fishing equipment/supplies /rods /reels T- shirts /First Aid Kits B. TX State Aquarium Fees C. Staff /Program leaders (11,956.00) Cap D. Food SPONSOR A. Program Supplies B. Camp/entry fees C. Transportation Mileage D. Staff Staff uniforms Administrative Support Staff E. Transportation E. Food Van Rentals, Insurance, ISD Bus fees, Fuel APPROVED STATE ASSISTANCE: $29,890.00 SPONSORS CONTRIBUTION: $12,312.70 RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE ALL DOCUMENTS NECESSARY TO ACCEPT A GRANT FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE AMOUNT OF $30,000 TO OPERATE THE COMMUNITY OUTDOOR OUTREACH PROGRAM (CO -OP), A SUMMER OUTDOOR RECREATION PROGRAM FOR YOUTH. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or his designee is authorized to execute all documents necessary to accept the grant from the Texas Parks and Wildlife Department in the amount of $30,000 to operate the Community Outdoor Outreach Program (Co -op), an outdoor recreation program for youth participating in the City's summer program. SECTION 2. This Resolution shall take effect and be in full force immediately after its adoption by the City Council. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: May 1, 2008 Lisa Aguilap Assistant CITY Attorney For City Attorney Henry Garrett Mayor H:1LEG- DIRILisa12008 Resolutions\Park and Rec - Community Outdoor Grant Acceptance.doc Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon Page 1 of 2 ORDINANCE APPROPRIATING A $30,000 GRANT FROM THE TEXAS PARKS AND WILDLIFE DEPARTMENT IN THE NO. 1067 PARKS AND RECREATION GRANT FUND TO OPERATE THE COMMUNITY OUTDOOR OUTREACH PROGRAM (CO -OP), A SUMMER OUTDOOR RECREATION PROGRAM FOR YOUTH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $30,000 grant from the Texas Parks and Wildlife Department is appropriated in the No. 1067 Parks and Recreation Grant Fund to operate the Community Outdoor Outreach Program (Co -Op), an outdoor recreation program for youth participating in the City's summer program. SECTION 2. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the day of , 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Approved: May 1, 2008 o r- -4 l Lisa Aguil Assistant City Attorney For City Attorney Henry Garrett. Mayor 1-1:1LEG- DIR \Lisa12008 ORDINANCES\Park & Rec - Community Outdoor Outreach Program Coop.DOC Page 2 of 2 Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:ILEG- DIRILisa12008 ORDINANCESIPark & Rec - Community Outdoor Outreach Program Coop.DOC 8 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 13., 2008 AGENDA ITEM: Resolution approving the reappointment of Dr. William Burgin, Jr., as the Local Health Authority, and Dr. Collette Simon, as the alternate Local Health Authority, and authorizing the City Manager or his designee to execute Compensation Agreements with Dr. Burgin and Dr. Simon for the protection of the public's health, safety, and welfare. ISSUE: A Local Health Authority is necessary to provide services on behalf of the Department of Health for the protection of the public health, safety and welfare. REQUIRED COUNCIL ACTION: Council action is required to authorize the City Manager to reappoint a Local Health Authority and to execute a Compensation Agreement for the protection of the public health, safety and welfare. PREVIOUS COUNCIL ACTION: On December 14, 2004, Council authorized the City Manager to appoint a local Health Authority and execute a Compensation Agreement. On October 11, 2005 the Professional Service Agreement was amended to allow payment of $25,000.00 FUNDING: General Fund CONCLUSION AND RECOMMENDATION: Staff recommends that City Council pass a resolution authorizing the City Manager to reappoint a Local Health Authority and Alternate and to execute Compensation Agreements for the protection of the public health, safety and welfare. 1) Margie C. Rose Assistant City Manager C:IDocuments and Settingsluser\My Documents\Agenda Folder.Dr. Burgin May 13 08.duc THE STATE OF TEXAS COUNTY OF NUECES PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DR. WILLIAM W. BURGIN, JR. § § § KNOW ALL BY THESE PRESENTS: This professional services agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its City Manager or the City Manager's designee ( "City Manager "), and William W. Burgin, Jr., M. D., a licensed medical doctor of the State of Texas, in his individual capacity ( "Dr. Burgin "). Section 1 Engagement. The City engages Dr. Burgin to provide professional services for the City's Department of Public Health ( "Department ") in the capacity of the Department's appointed local health authority ( "Health Authority "), as the term is defined under State law. Section 2 Term. Following appointment, the term of this Agreement commences upon execution by the City Manager and terminates under the provisions of Section 17 of this Agreement. Section 3 Services. In consideration of payment to be made for services rendered, Dr. Bur- gin agrees to provide professional services including, but not limited to, the duties specified in Chapter 121 of the Texas Health and Safety Code for the Department, whose main facility is located at 1702 Horne Road, Corpus Christi, Nueces County, Texas, and to subdivisions of the Department, such as Vital Statistics, Animal Control, and Vector Control, which are physically located elsewhere within the jurisdictional limits of the City of Corpus Christi, Nueces County ( "Services "). Section 4. Emergency Operations Center. In the event of a weather, biological, or health emergency, or other public emergency, Dr. Burgin additionally agrees to provide Services upon activation of operations, by the City, of the Emergency Operations Center ( "EOC "), which is located in the Frost Bank Building on Leopard Street, Corpus Christi, Texas. Dr. Burgin shall report to the Emergency Operations Center upon the request of the Director of the EOC ( "Director") and will remain on duty until released by the Director. Section 5 Relationship. (A) Dr. Burgin will perform all Services as an independent contractor and will furnish the Services in his own manner and method. Under no circumstances or conditions will Dr. Bur- gin be considered an employee of the City or Department for any purpose or reason. Dr. Burgin may only act as an agent of the City in the capacity of a local Health Authority under State law. (B) Dr. Burgin acknowledges that he is competent, capable, qualified, and duly licensed by the State of Texas to perform the Services specified under this Agreement. Section 6 Compensation. (A) In consideration of Dr. Burgin's faithful performance of this Agreement and as full com- pensation for Services performed pursuant to this Agreement, the City shall pay Dr. Burgin an hourly rate of $57.69. (B) Dr. Burgin shall document the hours of Services provided to the Department during each calendar week of this Agreement ( "Pay Sheet "). A "calendar week" is defined, for the pur- poses of this Agreement, to begin each Sunday at 12:01 a.m. and conclude each Saturday at 12:00 a.m. In no event, other than a public emergency, may the hours of Services performed under this Agreement exceed 40 hours in any calendar week. Dr. Burgin shall submit a Pay Sheet each Wednesday following the conclusion of each calendar week in which Services were performed under this Agreement. Submission of the Pay Sheet is to be made to the City Manager. (C) The City reserves the right to dispute the calculation of hours shown on any Pay Sheet submitted under this Agreement prior to payment being made. In the event of a dispute, the City may request additional documentation to support the calculations shown. (D) The City shall render payment, based on the total hours shown on the submitted Pay Sheet, by the close of business on the Wednesday next following the submission of the Pay Sheet. (E) The City agrees to pay for all out -of- county travel and training expenses incurred by Dr. Burgin that are related to Services provided under this Agreement, in accordance with the City's travel reimbursement policies, if the travel and training expenses are pre - approved in writing by the City Manager. (F) Dr. Burgin acknowledges and agrees that he is personally responsible for the payment of all federal, State, and local taxes and fees, of any nature whatsoever, accruing or that may derive from the receipt of compensation, by Dr. Burgin, under this Agreement. Section 7 Insurance. (A) Before the performance required under this Agreement can begin, Dr. Burgin shall de- liver copies of all Certificates of Insurance ( "Certificates ") required by Exhibit A, which is attached to this Agreement and incorporated in this Agreement by reference, as proof that the required insurance coverage provisions of this Agreement have been satisfied. Copies of the Certificates must be submitted to the City's Risk Manager ( "Risk Manager ") and to the City Manager. Dr. Burgin must maintain in good standing and keep in force all insurance coverage required under this Agreement for the term of this Agreement. (B) The Certificates must state, in writing on the face of each document, that the Risk Mana- ger shall be given at least 30 days written notice of cancellation, any material change, or intent not to renew any of the policies required under this Agreement, by certified mail. Addi- Burgin HA Comp Agmt 2008 Page 2 of 8 tionally, the City of Corpus Christi must be named as an additional insured for liability arising from Dr. Burgin's provision of Services under this Agreement. (C) If the insurance company, utilized by Dr. Burgin, elects to use the standard ACORD form, the cancellation clause located on the bottom right of the ACORD form must be amended by adding the wording "materially changed or" between "be" and "canceled," de- leting the words "endeavor to," and deleting the wording after "left." In lieu of modification of the ACORD form, separate endorsements addressing the same substantive requirements, as stated in this subsection, are mandatory on the ACORD form. (D) Dr. Burgin must provide workers' compensation coverage through a licensed insurance company or through self- insurance obtained in accordance with Texas law. Section 8 Indemnification. To the extent allowed by Texas law, Dr. Burgin ("Indemnitor") will indemnify and hold harmless the City and its respective officers, employees, representatives, and agents ( "Indemnitees ") from and against any and all liability, damages, loss, claims, demands, suits, and causes of action of every nature whatso- ever asserted against or recovered from the Jndemnitees, or any of them individually, on account of personal injuries (including, without limitation on the foregoing, workers' compensation, premises de- fects, and death claims), property loss or damage, or any other kind of damage, including dishonest, fraudulent, negligent, or criminal acts of the lndemnitor or any of his employees, representatives, or agents, acting alone or in collusion with others, and including all expenses of litigation, court costs, and attorneys' fees which arise, or are claimed to arise, out of or in connection with the services pro- vided by the Indemnitor pursuant to this Agreement, regardless of whether such injuries, death, or damages are caused or claimed to be caused by the sole, concurrent, or contributory negligence of the Indemnitees, or any of them individually. The Indemnitor covenants and agrees that, if the Jndemnitees, or any of them individually, are made a party to any litigation against the indemnitor or, in any litiga- tion commenced by any party, other than the Indemnitor, relating to this Agreement, the Indemnitor, shall, upon receipt of reasonable no- tice regarding the commencement of any litigation, at its own ex- pense, investigate all claims and demands, attend to their settlement or other disposition, defend the indemnitees collectively or each separately, in all actions based thereon with counsel satisfactory to the Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Burgin HA Cornp Agrnt 2008 Page 3 of 8 Section 9 Nondiscrimination. Dr. Burgin shall not discriminate nor permit discrimination against any person or group of persons, as to employment or in the performance of Services under this Agreement, on the grounds of race, religion, national origin, sex, disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 10 Compliance with Laws. Dr. Burgin must comply with all applicable federal, State, and local government laws, rules, regulations, and ordinances, which may be appli- cable to the Services to be rendered under this Agreement and to his performance under this Agreement. Section 11 Notice. (A) All notices, demands, requests, or replies provided for or permitted, under this Agree- ment by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by de- posit with an overnight express delivery service, for which service has been prepaid; or, (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed effective upon trans- mission with proof of delivery to the receiving party. All such communications must only be made to the following: IF TO THE CITY: City of Corpus Christi Attn: City Manager P. O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3220 Office (361) 880 -3839 Fax IF TO DR. BURGIN: Dr. William W. Burgin, Jr. Physicians Plaza West 2601 Hospital Blvd., Suite 117 Corpus Christi, TX 78405 (361) 884 -8209 Office (361) 882 -6649 Fax (C) Either party may change the address to which notice is sent by using a method set out above. Dr. Burgin must notify the City of an address or phone number change within 10 days after the address is changed. Section 12 Amendments. No alterations, changes, or modifications of the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed by both parties to this Agreement by a person authorized to sign agreements on behalf of each party. Burgin HA Comp Agmt 2008 Page 4 of 8 Section 13 Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. (C) If any action by Dr. Burgin requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Dr. Burgin's default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time Dr. Burgin is in default of any of the conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of any rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. (E) The rights and remedies in this section are cumulative and are in addition to any other rights and remedies provided by law. Section 14 Budgetary Appropriations. Dr. Burgin understands and acknowledges that the continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to sufficient appropriations and budget approval pro- viding for or covering this Agreement as an expenditure in the City's budget. The City does not represent to Dr. Burgin that said budget item will be actually adopted, the determination as to appropriations and expenses being within the sole discretion of the City's City Council at the time of adoption of the City's budget. If revenue funds are not appropriated for any individual fiscal year following the execution of this Agreement, the City reserves the right to terminate this Agreement without penalty. Section 15 Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 16 Assignment and Transfer. This Agreement may not be, in whole or in part, assigned or transferred, directly or indirectly, by Dr. Burgin without the prior written consent of the City. Subject to the foregoing, this Agreement shall be binding upon the City and Dr. Burgin, and their successors and assigns. Burgin HA Comp Agmt 2008 Page 5 of 8 Section 17 Termination. (A) This Agreement terminates upon the earlier of the following: The termination date specified in a written notice sent to Dr. Burgin from the City; Lack of budgetary appropriation, as specified in Section 14; Expiration of the appointment of Dr. Burgin to act as the local Health Authority; or By mutual consent of the parties to this Agreement. (B) In the event of a termination of this Agreement, any unpaid compensation due by the City to Dr. Burgin for Services performed up to the effective date of termination will be paid to Dr. Burgin within 10 days of the effective termination date. (C) This Agreement may be terminated with or without cause. Section 18 Venue and Jurisdiction. (A) All actions brought to enforce compliance will be brought in Nueces County, where this Agreement was executed and will be performed. (B) This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 19 Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 20 Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of Ordinances, Dr. Burgin agrees to complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit B, the contents of which are incorporated in this document by reference as if fully set out in this Agreement. Burgin HA Comp Agmt 2008 Page 6 of 8 05/06/2008 10:46 3618826649 BURGIN /EMC PAGE 01/02 MAY 06,2008 08:46 CITY OF CORPUS C"1RISTI 3618263230 page 8 Section 21 Entirety Clause. This Agreement and the attached and incorporated exhibits onstitute the entire agreement between the City and Dr. Burgin for the purpose stated. All other agreements, promises, representations, and understandings, oral er otherwise, with reference to the subject matter hereof, unless contained In this Agreement, are expressly re• yoked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Dr. Burgin's performance hereunder. 'EXECUTED IN DUPLICATE, each of which will be considered an original, on this the day of rt? 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager APPROVED AS TO FORM ONLY: , 2008. Elizabeth R. Hundtay Assistant City Attorney for the City Attorney STATE OF TEXAS § 3 COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2008, by George K. Noe, City Manager of the City of Corpus Christ, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. (seal) Notary Public, State of Texas Burgin HA Comp X12006 Rape 7 of 6 MAY 06,2008 09:14 3618826649 3618826649 page 1 05/06/2008 11:21 3618826649 BURGIN /EMC PAGE 01/01 MAY 06, 2008 08:46 CITY Or CORPUS CHEtISxX 3618263230 page 9 DR, WILLIAM W. BUROIN, JR. Signature Printed Name - Date STATE OF TEXAS COUNTY OF NIECES r This instrument was acknowledged before me on the L' of .» Y b Dr. William W. Burgin, Jr., an individual residing In the State of (seal) MLLE ZALUM € MY Nwemb 4, 2X 6u in HA Goma Apmt 2006 MAY 06,2008 09:48 3618826649 Notary 1 ublic, State of Texas 3618826649 , 2008, Page 8 of $ page 1 EXHIBIT A INSURANCE REQUIREMENTS CONTRACTED PHYSICAN'S LIABILITY INSURANCE A. Contracted Physician must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City of Corpus Christi. Contracted Physician must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contracted Physician must furnish to the City of Corpus Christi's Risk Manager, a Certificate of Insurance showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City of Corpus Christi must be named as additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -Day written notice of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non - payment of premiums is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate AUTOMOBILE LIABILITY - -OWNED NON -OWNED OR RENTED At a minimum, $25,0001$50,000 for Bodily Injury and $25,000 for property damage PROFESSIONAL LIABILITY to include 1. Medical Malpractice $200,000 per occurrence / $600,000 aggregate Accidental Injury - Health Coverage In lieu of Workers Compensation requirement C. In the event of accidents of any kind, Contracted Physician must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. 11. ADDITIONAL REQUIREMENTS A., Certificate of Insurance: • The City of Corpus Christi must be named as additional insured on the liability coverage and a blanket waiver of subrogation is required on all applicable policies. • If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACCORD form, separate endorsements addressing the same substantive requirements are mandatory. • The name of the project must be listed under "Description of Operations" • At a minimum, a 30 -day written notice of cancellation, material change, non - renewal, termination and a 10 day written notice of cancellation for non - payment of premium is required. 2008 Health Dept. Contracted Physician ins. req. 5-5-08 ep Risk Mgmt. f�a =r City of Corpus Christi EXHIBIT B CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". See definitions on next page. COMPANY NAME: P. 0. Box: STREET ADDRESS: CITY: ZIP: FIRM IS: 1. Corporation 4. Association 2. Partnership 1 3. Sole Owner ❑ 5. Other ❑ If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firrri." Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm." Name Consultant CERTIFICATION I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: Title: Signature of Certifying Person: Date: DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self- employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. d. "Official. "The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. "Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." f. "Consultant. "Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of 2 PROFESSIONAL SERVICES AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND DR. COLETTE SIMON THE STATE OF TEXAS § COUNTY OF NUECES § KNOW ALL BY THESE PRESENTS: This professional services agreement ( "Agreement ") is entered into by and between the City of Corpus Christi, a Texas home -rule municipal corporation ( "City "), acting through its City Manager or the City Manager's designee ( "City Manager "), and Colette Simon, M. D., a licensed medical doctor of the State of Texas, in her individual capacity ( "Dr. Simon "). Section 1 Engagement. The City engages Dr. Simon to provide professional services for the City's Department of Public Health ( "Department ") in the capacity of the Department's alternate local Health Authority ( "Alternate Health Authority') as a designee for Dr. William Burgin, Jr., M. D. ( "Dr. Burgin "). Section 2 Term. Following appointment, the term of this Agreement commences upon execution by the City Manager and terminates under the provisions of Section 17 of this Agreement. Section 3 Services. In consideration of payment to be made for services rendered, Dr. Simon agrees to provide professional services including, but not limited to, the duties specified in Chapter 121 of the Texas Health and Safety Code for the Department, whose main facility is located at 1702 Horne Road, Corpus Christi, Nueces County, Texas, and to subdivisions of the Department, such as Vital Statistics, Animal Control, and Vector Control, which are physically located elsewhere within the jurisdictional limits of the City of Corpus Christi, Nueces County, whenever requested to so act as the Alternate Health Authority, by direction of Dr. Burgin as the City's appointed Health Authority, in the event of or due to Dr. Burgin's absence or incapacitation ( "Services "). Section 4. Emergency Operations Center. In the event of a weather, biological, or health emergency, or other public emergency and the absence or incapacitation of Dr. Burgin during such public emergency, Dr. Simon additionally agrees to provide Services upon activation of operations, by the City, of the Emergency Operations Center ( "EOC "), which is located in the Frost Bank Building on Leopard Street, Corpus Christi, Texas. Dr. Simon shall report to the Emergency Operations Center upon the request of the Director of the EOC ( "Director ") and will remain on duty until released by the Director. Section 5 Relationship. (A) Dr. Simon will perform all Services as an independent contractor and will furnish the Ser- vices in her own manner and method. Under no circumstances or conditions will Dr. Simon be considered an employee of the City or Department for any purpose or reason. Dr. Simon may only act as an agent of the City in the capacity of an alternate local Health Authority under State law. (B) Dr. Simon acknowledges that she is competent, capable, qualified, and duly licensed by the State of Texas to perform the Services specified under this Agreement. Section 6 Compensation. (A) In consideration of Dr. Simon's faithful performance of this Agreement and as full com- pensation for Services performed pursuant to this Agreement, the City shall pay Dr. Simon an hourly rate of $57.69. (B) Dr. Simon shall document the hours of Services provided to the Department during each calendar week of this Agreement ( "Pay Sheet "). A "calendar week" is defined, for the pur- poses of this Agreement, to begin each Sunday at 12:01 a.m. and conclude each Saturday at 12:00 a.m. In no event, other than a public emergency, may the hours of Services performed under this Agreement exceed 20 hours in any calendar week. Dr. Simon shall submit a Pay Sheet each Wednesday following the conclusion of each calendar week in which Services were performed under this Agreement. Submission of the Pay Sheet is to be made to the City Manager. (C) The City reserves the right to dispute the calculation of hours shown on any Pay Sheet submitted under this Agreement prior to payment being made. In the event of a dispute, the City may request additional documentation to support the calculations shown. (D) The City shall render payment, based on the total hours shown on the submitted Pay Sheet, by the close of business on the Wednesday next following the submission of the Pay Sheet. (E) The City agrees to pay for all out -of- county travel and training expenses incurred by Dr. Simon that are related to Services provided under this Agreement, in accordance with the City's travel reimbursement policies, if the travel and training expenses are pre - approved in writing by the City Manager. (F) Dr. Simon acknowledges and agrees that she is personally responsible for the payment of all federal, State, and local taxes and fees, of any nature whatsoever, accruing or that may derive from the receipt of compensation, by Dr. Simon, under this Agreement. Section 7 Insurance. (A) Before the performance required under this Agreement can begin, Dr. Simon shall de- liver copies of all Certificates of Insurance ( "Certificates ") required by Exhibit A, which is attached to this Agreement and incorporated in this Agreement by reference, as proof that the required insurance coverage provisions of this Agreement have been satisfied. Copies of the Certificates must be submitted to the City's Risk Manager ( "Risk Manager ") and to the City Manager. Dr. Simon must maintain in good standing and keep in force all insurance coverage required under this Agreement for the term of this Agreement. (B) The Certificates must state, in writing on the face of each document, that the Risk Mana- ger shall be given at least 30 days written notice of cancellation, any material change, or Simon HA Comp Agmt 2008 Page 2 of 8 intent not to renew any of the policies required under this Agreement, by certified mail. Addi- tionally, the City of Corpus Christi must be named as an additional insured for liability arising from Dr. Simon's provision of Services under this Agreement. (C) If the insurance company, utilized by Dr. Simon, elects to use the standard ACORD form, the cancellation clause located on the bottom right of the ACORD form must be amended by adding the wording "materially changed or" between "be" and "canceled," de- leting the words "endeavor to," and deleting the wording after "left." In lieu of modification of the ACORD form, separate endorsements addressing the same substantive requirements, as stated in this subsection, are mandatory on the ACORD form. (D) Dr. Simon must provide workers' compensation coverage through a licensed insurance company or through self- insurance obtained in accordance with Texas law. Section 8 Indemnification. To the extent allowed by Texas law, Dr. Simon ( "Indemnitor ") will indemnify and hold harmless the City and its respective officers, employees, representatives, and agents ( "Indemnitees ") from and against any and all liability, damages, loss, claims, demands, suits, and causes of action of every nature whatso- ever asserted against or recovered from the Indemnitees, or any of them individually, on account of personal injuries (including, without limitation on the foregoing, workers' compensation, premises de- fects, and death claims), property loss or damage, or any other kind of damage, including dishonest, fraudulent, negligent, or criminal acts of the Indemnitor or any of her employees, representatives, or agents, acting alone or in collusion with others, and including all expenses of litigation, court costs, and attorneys' fees which arise, or are claimed to arise, out of or in connection with the services pro- vided by the Indemnitor pursuant to this Agreement, regardless of whether such injuries, death, or damages are caused or claimed to be caused by the sole, concurrent, or contributory negligence of the Indemnitees, or any of them individually. The Indemnitor covenants and agrees that, if the Indemnitees, or any of them individually, are made a party to any litigation against the Indemnitor or, in any litiga- tion commenced by any party, other than the Indemnitor, relating to this Agreement, the Indemnitor, shall, upon receipt of reasonable no- tice regarding the commencement of any litigation, at her own ex- pense, investigate all claims and demands, attend to their settlement or other disposition, defend the Indemnitees collectively or each separately, in all actions based thereon with counsel satisfactory to the Indemnitees, and pay all charges of attorneys and all other costs and expenses of any kind arising from any said liability, damage, loss, demand, claim, or action. Simon HA Comp Agmt 2008 Page 3 of 8 Section 9 Nondiscrimination. Dr. Simon shall not discriminate nor permit discrimination against any person or group of persons, as to employment or in the performance of Services under this Agreement, on the grounds of race, religion, national origin, sex, disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. The City retains the right to take such action as the United States may direct to enforce this non- discrimination covenant. Section 10 Compliance with Laws. Dr. Simon must comply with all applicable federal, State, and local government laws, rules, regulations, and ordinances, which may be appli- cable to the Services to be rendered under this Agreement and to her performance under this Agreement. Section 11 Notice. (A) All notices, demands, requests, or replies provided for or permitted, under this Agree- ment by either party must be in writing and must be delivered by one of the following methods: (1) by personal delivery; (2) by deposit with the United States Postal Service as certified mail, return receipt requested, postage prepaid; (3) by prepaid telegram; (4) by de- posit with an overnight express delivery service, for which service has been prepaid; or, (5) by fax transmission. (B) Notice deposited with the United States Postal Service in the manner described above will be deemed effective two (2) business days after deposit with the United States Postal Service. Notice by telegram or overnight express delivery service in the manner described above will be deemed effective one (1) business day after transmission to the telegraph company or overnight express carrier. Notice by fax will be deemed effective upon trans- mission with proof of delivery to the receiving party. All such communications must only be made to the following: IF TO THE CITY: City of Corpus Christi Attn: City Manager P. O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880 -3220 Office (361) 880 -3839 Fax IF TO DR. SIMON: Dr. Collette Simon Physicians Plaza West 2601 Hospital Blvd., Suite 117 Corpus Christi, TX 78405 (361) 884 -8200 Office (361) 882 -6649 Fax (C) Either party may change the address to which notice is sent by using a method set out above. Dr. Simon must notify the City of an address or phone number change within 10 days after the address is changed. Section 12 Amendments. No alterations, changes, or modifications of the terms of this Agreement nor the waiver of any provision will be valid unless made in writing and signed by both parties to this Agreement by a person authorized to sign agreements on behalf of each party. Simon HA Comp Agmt 2008 Page 4 of 8 Section 13 Waiver. (A) The failure of either party to complain of any act or omission on the part of the other party, no matter how long the same may continue, will not be deemed a waiver by said party of any of its rights under this Agreement. (B) No waiver of any covenant or condition or of the breach of any covenant or condition of this Agreement by either party at any time, express or implied, will be taken to constitute a waiver of any subsequent breach of the covenant or condition nor will justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition of this Agreement. (C) If any action by Dr. Simon requires the consent or approval of the City on one occasion, any consent or approval given on said occasion will not be deemed a consent or approval of the same or any other action at any other occasion. (D) Any waiver or indulgence of Dr. Simon's default of any provision of this Agreement will not be considered an estoppel against the City. It is expressly understood that, if at any time Dr. Simon is in default of any of the conditions or covenants of this Agreement, the failure on the part of the City to promptly avail itself of any rights and remedies which the City may have will not be considered a waiver on the part of the City, but the City may at any time avail itself of said rights or remedies or elect to terminate this Agreement on account of said default. (E) The rights and remedies in this section are cumulative and are in addition to any other rights and remedies provided by law. Section 14 Budgetary Appropriations. Dr. Simon understands and acknowledges that the continuation of this Agreement after the close of any fiscal year of the City, which fiscal year ends on July 31 of each year, is subject to sufficient appropriations and budget approval pro- viding for or covering this Agreement as an expenditure in the City's budget. The City does not represent to Dr. Simon that said budget item will be actually adopted, the determination as to appropriations and expenses being within the sole discretion of the City's City Council at the time of adoption of the City's budget. If revenue funds are not appropriated for any individual fiscal year following the execution of this Agreement, the City reserves the right to terminate this Agreement without penalty. Section 15 Force Majeure. No party to this Agreement will be liable for failures or delays in performance due to any cause beyond their control including, but not limited to, any failures or delays in performance caused by strikes, lock outs, fires, acts of God or the public enemy, common carrier, severe inclement weather, riots or interference by civil or military authorities. The rights and obligations of the parties will be temporarily suspended during this period to the extent performance is reasonably affected. Section 16 Assignment and Transfer. This Agreement may not be, in whole or in part, assigned or transferred, directly or indirectly, by Dr. Simon to any third party without the prior written consent of the City. Subject to the foregoing, this Agreement shall be binding upon the City and Dr. Simon, and their successors and assigns. Simon HA Comp Agmt 2008 Page 5 of 8 Section 17 Termination. (A) This Agreement terminates upon the earlier of the following: (1) The termination date specified in a written notice sent to Dr. Simon from the City; (2) Lack of budgetary appropriation, as specified in Section 14; (3) Expiration of the appointment of Dr. Burgin to act as the local Health Authority; or (4) By mutual consent of the parties to this Agreement. (B) In the event of a termination of this Agreement, any unpaid compensation due by the City to Dr. Simon for Services performed up to the effective date of termination will be paid to Dr. Simon within 10 working days of the effective termination date. (C) This Agreement may be terminated with or without cause. Section 18 Venue and Jurisdiction. (A) All actions brought to enforce compliance will be brought in Nueces County, where this Agreement was executed and will be performed. (B) This Agreement will be governed by and construed in accordance with the laws of the State of Texas. Section 19 Severability. (A) If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement or the application hereof to any person or circumstance is, to any extent, held illegal, invalid, or unenforceable under present or future law or by a final judgment of a court of competent jurisdiction, then the remainder of this Agreement, or the application of said term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected thereby, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word hereof be given full force and effect for its purpose. (B) To the extent that any clause or provision is held illegal, invalid, or unenforceable under present or future law effective during the term of this Agreement, then the remainder of this Agreement is not affected thereby, and in lieu of each such illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to such illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. Section 20 Disclosure of Interest. In compliance with Section 2 -349 of the City's Code of Ordinances, Dr. Simon agrees to complete the City's Disclosure of Interests form, which is attached to this Agreement as Exhibit B, the contents of which, as a fully completed docu- ment following execution, are incorporated in this document by reference as if fully set out in this Agreement. Simon HA Comp Agmt 2008 Page 6 of 8 Section 21 Entirety Clause. This Agreement and the attached and incorporated exhibits onstitute the entire agreement between the City and Dr. Simon for the purpose stated. All other agreements, promises, representations, and understandings, oral or otherwise, with reference to the subject matter hereof, unless contained in this Agreement, are expressly re- voked, as the parties intend to provide for a complete understanding within the provisions of this Agreement and its exhibits of the terms, conditions, promises, and covenants relating to Dr. Simon's performance hereunder. EXECUTED IN DUPLICATE, each of which will be considered an original, on this the day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary George K. Noe City Manager APPROVED AS TO FORM ONLY: , 2008. Elizabeth R. Hundley Assistant City Attorney for the City Attorney STATE OF TEXAS § § COUNTY OF NUECES § This instrument was acknowledged before me on the day of , 2008, by George K. Noe, City Manager of the City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. (seal) Notary Public, State of Texas DR. COLETTE SIMON Simon HA Comp Agml 2008 Page 7 of 8 05/06/2008 14 :10 3618826649 BURGIN /EMC PAGE 02/02 MAY 06,2008 08:48 CITY OF CORPUS CHRISTI 3618263230 page 20 aqki+ Printed Name I ?3V _ TX Medial License # STATE OF TEXAS COUNTY OF NUECES § r1' This instrument was acknowledged before me on the day of /V , 2008, by Dr. Collette Simeon, an 1ndivld•iai residing in the State of Texas. ifiL .ci,j Notary Piblic, State of Texas (seal) 40 ' OMIU.E ZAUM "s i; . MYOOMPIISSIONEXPIRES o. Novemhes 4, 2009 5fmot! HA comp Rgmt 2008 Page 8 of 5 MAY 06,2008 12 :38 3618826649 3618826649 page 2 EXHIBIT A INSURANCE REQUIREMENTS CONTRACTED PHYSICAN'S LIABILITY INSURANCE A, Contracted Physician must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City of Corpus Christi. Contracted Physician must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Contracted Physician must furnish to the City of Corpus Christi's Risk Manager, a Certificate of Insurance showing the following minimum coverage by insurance company(s) acceptable to the Risk Manager. The City of Corpus Christi must be named as additional insured for all liability policies, and a blanket waiver of subrogation is required on all applicable policies. TYPE OF INSURANCE 30 -Day written notice of cancellation, material change, non - renewal or termination and a 10 day written notice of cancellation for non - payment of premiums is required on all certificates AUTOMOBILE LIABILITY- -OWNED NON -OWNED OR RENTED PROFESSIONAL LIABILITY to include 1. Medical Malpractice Accidental Injury - Health Coverage MINIMUM INSURANCE COVERAGE Bodily Injury and Property Damage Per occurrence aggregate At a minimum, $25,0001$50,000 for Bodily Injury and $25,000 for property damage $200,000 per occurrence / $600,000 aggregate In lieu of Workers Compensation requirement C. In the event of accidents of any kind, Contracted Physician must furnish the Risk Manager with copies of all reports of any accident within ten (10) days of the accident. 11. ADDITIONAL REQUIREMENTS A. Certificate of Insurance: * The City of Corpus Christi must be named as additional insured on the liability coverage and a blanket waiver of subrogation is required on all applicable policies. * If your insurance company uses the standard ACORD form, the cancellation clause (bottom right) must be amended by adding the wording "changed or" between "be" and "canceled ", and deleting the words, "endeavor to ", and deleting the wording after "left ". In lieu of modification of the ACCORD form, separate endorsements addressing the same substantive requirements are mandatory. * The name of the project must be listed under "Description of Operations" * At a minimum, a 30 -day written notice of cancellation, material change, non - renewal, termination and a 10 day written notice of cancellation for non - payment of premium is required. 2008 Health Dept. Contracted Physician ins. req. 5-5 -08 ep Risk Mgmt. 05/06/2008 14 :10 3618826649 BURGIN /EMC MAY 06,2008 08:48 CITY OF CORPUS CHRISTI 3618263230 EXHIBIT B City of Carpus Christi City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question 19 not applicable, answer with "NA ". See definitions on next page. CITY OF CORPUS CHRISTI DISCLOSURE OF INTEREST HAL*. d1102 page 22 COMPANY NAME: P. O. Box: _ STREET ADDRESS: CITY: t !•U4 (Mud, 3. Sole OwnerAip Ids r , h FIRM 1S: 1. Corporation 73 4. Association 1 2. Partnership ❑ 5. Other E,•- ZIP:2131/16---. _ r _-` If additional space is necessary, please use lie reverse side of this page or attach separate sheet 1. State the names of each "employee' of the City of Corpus Christi having an "ownership interest` constituting 3% or more of the ownership in the above named "firm." Name Job Title and City Department (if known) 2. State the names of each "offICi81" or the City of Corpus Christi having an "ownership Interest' Con•tituting 3% or more of the ownership in the above lamed "firm." Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest' constituting 3% or more of the ownership in the :above named "firm." Name 4. State the names matter related to ownership in the Name Board, Commission or Committee of each employee or officer of a "consultant for the City of Corpus Christi who worked on any the subjoat of this contract and has an `ownership Interest" constituting 3% or more of the above named "firm,` Consutant CERTIFICATION I certify that all information provided Is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and Mat supplemental statements will be promptly submitted to the City of Corpus Christi, Tex • as changes occur. terrifying Person: Signature of Certifying Person: MAY 06,2008 12:38 3618826649 NON) atria: l*1 Date: 3618826649 'Dann 1 v.1. page 1 DEFINITIONS a. "Board member." A member of any board, commission, or committee appointed by the City Council of the City of Corpus Christi, Texas. b. "Employee." Any person employed by the City of Corpus Christi, Texas either on a full or part-time basis, but not as an independent contractor. c. "Firm." Any entity operated for economic gain, whether professional, industrial or commercial, and whether established to produce or deal with a product or service, including but not limited to, entities operated in the form of sole proprietorship, as self-employed person, partnership, corporation, joint stock company, joint venture, receivership or trust, and entities which for purposes of taxation are treated as non- profit organizations. d. "Official. "The Mayor, members of the City Council, City Manager, Deputy City Manager, Assistant City Managers, Department and Division Heads, and Municipal Court Judges of the City of Corpus Christi, Texas. e. " Ownership Interest." Legal or equitable interest, whether actually or constructively held, in a firm, including when such interest is held through an agent, trust, estate, or holding entity. "Constructively held" refers to holdings or control established through voting trusts, proxies, or special terms of venture or partnership agreements." f. "Consultant. "Any person or firm, such as engineers and architects, hired by the City of Corpus Christi for the purpose of professional consultation and recommendation. Page 2 of 2 A RESOLUTION APPROVING THE REAPPOINTMENTS OF DR. WILLIAM BURGIN, JR., AS THE LOCAL HEALTH AUTHORITY, AND DR. COLLETTE SIMON, AS THE ALTERNATE LOCAL HEALTH AUTHORITY, AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE COMPENSATION AGREEMENTS WITH DR. BURGIN AND DR. SIMON FOR THE PROTECTION OF THE PUBLIC'S HEALTH, SAFETY, AND WELFARE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council approves the reappointments of Dr. William Burgin, Jr., as the local Health Authority, and Dr. Collette Simon, as the alternate local Health Authority, in accordance with Chapter 121 of the Texas Health and Safety Code, and authorizes the City Manager or his designee to execute compensation agreements with Dr. Burgin and Dr. Simon for the protection of the public's health, safety, and welfare. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED: April 25, 2008 Eliza th R. Hundle Assi - ant City Attorney for the City Attorney EHres212.doc Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 9 CONTINUOUS COVERAGE PRODUCT MAINTENANCE SCHEDULE BILLING INFORMATION CeoQany Name. The Oty of Corpus Christi Address: PO Bee 9277 Carew Christi, TX 78469 -9277 Costae( Name: %wee Moe II: li -mtll: SIGIVIA Dar: 4!22/2060 h.per.da,: Ed1a,s1mar Pte. el 210446.9676 F. ■d1 sloveieee�sinnve0line.eom Fu/ 210.3484136 Innis" 4eli ffor 45 days O.nrr 615557 910m0 SoMion. Toss. 0100OMnct.: qR • 0016251; OIR406303: INSTALL INFORMATION Company Nome li r City of Cape Christi Contact Name & Phoned: Comic Brno amthelgalexatoom. 261.026 -7670 Address: 1251 I.rep6rd Reset Caps [i. IX 78401 This EMC Maintenance Owls Is subject to the Tema and conditions specified in the (1) .PPOrable signed, ma0ntenanoa .eland sgnarnara between EMC and Customer; or (Opt none. to the approprissa, standard EMC maOaenence rsleted'groemer5 H effect on the date of this Quote. a copy of *Mob shall be made soda Me upon request. Customer new swept this Quote by (a) signing dole Quo* and reNmhq It to EMC: (b) Issuing a prnrheue order referencing this Quota to EMC for the items NeniiR.d on the Quote; or sertdng an an 01l Of odor writing to EMC meeting this Quote. Once accepted, Ms Quote, hcl dhg the payment ab'gss*a, becomes a binding order under the applicable agreement The prices 00 this Ou0* (I) reflect the conflguneon4 service levels and/or other cheredaieti a set bit, hash; and (Uwe veld until ably (60) days alter the dale oldie Quo*. Please aroma your acceptant* p EMC before die price vdidiy period ends h order b enure your receipt of the pricing Bated on Uhi1 Chute. The prices on tile Goole do net Include any applicable bees or miss, ohldi.hall Moo be paid by cua5bmer upon "mice by EMC: and ere dependent upon EMC's use of Be applicable remote aaeeae uspabNtles. Barry, du1rg tie EMC warranty motion mMlawroe period. If Customer d !connects, or otMrw5e does not allow the tee of such 0.000* assess **meek, than EMC shall Invoice, and Customer shall pay, the arneunt of EMC'a than current, e*nder10 surcharge for M impeded products dulhg the affected portion 05 the meilsn.K. period. The m0nronanos pried for each rem shill start end end on de wnrospeedlrg dates set forth herein, tutees .6herwaa seener terminated In mundane" Nth the governing g agreement Any charges b time commencement, dlradon or expiration of a meantime noe period or to a configuration stated on 6h* Quote require to *prom/ of EMC. - OaMar R^aer —11 Umwsm• .1 cosy `: wwa ∎� MI ewrwwr�r.. L.:�f+• .. — � .. , •;. . -. �..••�— •.. .•. Or �I =MIIII=1• rte._. ,. , 6�1:� ME= ' 1LJ e 104TISJA �S 11trvo3 4eVE01 4aW2M �. a1 w,�. �l I J NIE=M111L..4.:MUNII === 08136108 d7a'1i�T1 E •y3R #+ � 152 — ,4-• JR CM P°3 CNRR1i CITY OF .�_— b• - -Y. Rh 144•6 IIII -•Y.. f •'i• . S.Y' :;� �.sg� NMI y „Ai OLD _ -_■II=11111. i -® IIIII =II Mil E• 111111. __EMI El IIIMIIIIMIIIM 11 ME IIIMI MIIM •1■11111•1 +--ri- MOMAUSCIIR18T ,. .: •'•.`•! /. WY OF CORPUS CHRaSTi. CM: CORMS a100T1 —tj� FORUM'S 52O NT CO&Y © 1 Mme00 11112005 0 OOdssOa %[_ Ball ���;�y����� e�.�—�h�4r l-�r..y.,� CORPUS MR: - HISA MOR20el -Yam 1 ® 0112065 OHR6n. CORPUS an0 1 CCCf.CT OTS me4T 1 "' 611Ame 5/af20600' 00190100 •• .: ptmOn. CaTYOF MVO, COIPUBORBTI CPCTY 20a1•im 1 Wt 4ra0'ao00 CORMS amt6Tt CITY OF CORPUS Comm YM mesa 201LL1m 1 s N2T.00 yin 00/30100 •Paul ilti CORMSCHROTI. aTYOF CORPUSpmmn =ME 18H5 MOMT PRO t 0 200800 04'30106 6 00001.30 - -� 111 El 111 I II ':._O hued m ern MEFMPY. rq.O 4Med.r.my .00M rddaaa rd.a.P..,. ,0(1.210 Mar prim .n wayea re Elia am4Waeu.m1amide= Serb:meg Oxley requirements for PO Customers: Customer PO crest reference Quote comber Cu tom r P.fehase Order must indicate Dice of Coverage Customer Parchas,Order must be dined. AGREED BY THE UNDERSIGNED, AUTHORIZED CUSTOMER REPRESENTATIVE BY (SIGN): NAME (PRIM): TITLE: .DATE: E -MAIL REV 070720 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 05/13/2008 AGENDA ITEM: a. Motion approving the purchase of continuous coverage product maintenance from Sigma Solutions, Inc. of San Antonio, Texas in the amount of $83,137.67 for the EMC8830 Storage Area Network through September 30, 2008. b. Motion approving the purchase of continued annual maintenance costs from Sigma Solutions of San Antonio, Texas, for the EMC8830 Storage Area Network subject to annual appropriation of funds based on sole source. ISSUE: Sigma Solutions, Inc. has submitted Continuous coverage Product maintenance Schedule quotation #16587, for the EMC8830 Storage Area Network used by the City to store electronic data used by all enterprise systems such as Financials, Human Resources, Budget, email, Maximo, and others. Support is for the period 05/1/2008 through 09/30/2008. Sigma Solutions, Inc. is a Texas Department of Information Systems authorized vendor, contract DIR -SDD -251, DIR -SDD -503. BACKGROUND: On February 25, 2003, City Council authorized the purchase of the EMC8830 Storage Area Network from DataSeek Corporation of San Antonio, Texas including five years hardware and software technical support and maintenance. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: 02/25/2003 Council approved purchase of EMC8830 including five years hardware and software technical support and maintenance. FUNDING: The total cost of $83,137.67 will be funded from the MIS Department current fiscal year operating budget. This purchase is within total project budget. CONCLUSION AND RECOMMENDATION: Staff recommends approval of motions as presented. Ad I) Michael Armstron Director of MIS 10 AGENDA MEMORANDUM May 13, 2008 SUBJECT: Storm Water Utility Rate (Project No. 2292) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the consultant contract with HDR, Inc., of Corpus Christi, Texas in an amount not to exceed $49,000.00 for a revised contract value of $98,900.00 for additional storm water utility rate implementation services. ISSUES: Motion authorizing the City Manager, or his designee, to execute Amendment No. 1 to the consultant contract with HDR, Inc., of Corpus Christi, Texas in an amount not to exceed $49,000.00 fora revised contract value of $98,900.00 for additional storm water utility rate implementation services. FUNDING: Funding is available from the Storm Water Operating Budget for FY2007 -2008. RECOMMENDATI • : Approval of the motion as presented. (4i / Kevin R. Stowers Interim Director of Engineering Services Va Dir ie Gray, tor of Storm W er Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Contract Summary C:IDOCUME-- 11user\ LOCALS --11TemplAEAmdlAwdMemo.doc Page 1 of 1 BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City began an analysis of the Water Utility Rate with HDR which demonstrated the need to separate Storm Water from the Water Fund. This requires the establishment of a new Storm Water Utility with its separate revenue stream. The work must be completed in a timely manner to implement as part of the FY2008 -2009 Budget. BACKGROUND: January 18, 2008 — Administrative award of a consulting contract to HDR, Inc. in the amount of $49,900 for Storm Water Utility Implementation Services. The contract amendment is necessary due to: • multiple data downloads were required due to different database formatting of Nueces County Appraisal District property records and City utility billing records; • reconciliation of disparities or exceptions between the two databases is required; • fine tune the utility database and storm water rate structure is necessary prior to implementation; and • coordination and communications with the staff, City Council, Sunguard Systems (HTE), and customer stakeholders will be provided by HDR is needed during implementation. CONTRACT SUMMARY: The contract permit work to continue on six (6) tasks necessary to establish the Storm Water Utility as part of the FY2008 -2009 Budget process. The tasks being addressed by the consultant are: Task 1 - Assist in Storm Water Policy Definition; Task 2 - Assist in Development of Billing Database; Task 3 - Assist in Further Delineation of Rate Design, Pricing, and Revenue Forecasts; Task 4 — Fully Enable the Storm Water Portion of the City's Integrated Financial Planning Model; Task 5 - Assist in the Development and Review of Draft Ordinances; and Task 6 - Assist in Staff, City Council and Stakeholder Coordination A contract summary is attached. See Exhibit B. FUTURE ACTION(S): Additional modification of the Storm Water Utility Rate is anticipated after implementation with the FY 2008 -2009 Budget. Those modifications will include the development of verified field data which creates the basis to utilize impervious cover. Impervious cover generates usage of the storm water system by individual properties. The use of impervious cover allows owners to be more accurately charged for their use of the storm water system. It is anticipated an additional amendment will be required to make the necessary modifications to the data base, rate model and billing system. EXHIBIT A Page 1 of 2 LJ.,Lb.- 0AGIVC1flAIO e,71∎11.OTlln III/1IAT a__1A1 ..4 -.I Il: III. .4A A J.... FUNDING: Funding is initially available from FY2007 -2008 Storm Water Operating Budget. EXHIBIT A Page 2 of 2 uauneeewetinnielrrnnerno6rlArAT VYN 9CrnrmIninforl I+ilihAAFAmri1AwrlRknFvhA drr. Contract Summary Section II. Scope of Services is amended by performing additional services relating to the following tasks: II. SCOPE OF SERVICES A. Task 1 - Assist in Storm Water Policy Definition HDR will develop a list of draft storm water utility policy considerations for staff review and lead a staff work shop to develop preliminary policy information for City Council consideration. HDR will also assist in background technical studies that may be needed to quantify the effects of various policy choices. B. Task 2 - Assist in Development of Billing Database HDR will advise the City on various issues related to billing, including identifying and resolving "problem" accounts. Advisory services would include assisting the City in the definition of billing basis and billing approaches (how to bill certain tax - exempt properties, unusual land uses, new accounts, tenant property, etc.), effects on administrative efficiency and customer relations issues associated with various approaches, and how various City policies may affect the billing. HDR will also take the lead in developing the utility billing database and assist in the development of information related to government and non - profit tax- exempt accounts. Our scope assumes that the City will quickly make available usable downloads of information from their HTE, Development Services, and GIS information systems and that HDR will be provided with instructions from City management to City staff that this is a priority effort. It is understood that staff participation will still be required in this effort, but HDR would perform the more intense labor efforts. The outcome of this effort would be a digital file that would provide a list of the accounts (both existing and new), a link to the utility accounts to be billed, a basis for billing (the assigned ERU values), and rate table information. It is anticipated that this could be merged into HTE without considerable difficulty. C. Task 3 - Assist in Further Delineation of Rate Design, Pricing, and Revenue Forecasts HDR will assist the City in refining it storm water rate design, the pricing associated with rate revenue requirements, and in its revenue forecasts. This would include a reassessment of needed expenses for FY09. D. Task 4 -- Fully Enable the Storm Water Portion of the City's Integrated Financial Planning Model HDR was previously retained to conduct a water and gas utility rate study and to incorporate enough information on the other utility services (wastewater and storm water) such that a "combined funds" picture could be modeled and bond coverage issues assessed. For this purpose, HDR developed what we call an Integrated Financial Planning Model. The existing model fully developed the storm water expense side of the equation, but did not develop the storm water demand, rate and revenue elements as they were neither a part of the prior scope nor relevant at that time. However, HDR anticipated that a storm water utility might arise and thus designed the model to have these portions further developed in the future if a storm water utility were then relevant. With this task, HDR would finish out those portions of the model that would then give the City a fully - enabled, powerful planning tool for assessing needed rate revenues, possible revenue Exhibit B Page 1 of 2 H:IHOMEIKEVI NS\ GENISTORMWA1 12292StormWaterUtilitylAEAmd l AwdS u mExhB.doc transfers from other funds, billing collections efficiencies, and setting the storm water rates with a several year period in mind (to avoid frequent rate adjustments). E. Task 5 - Assist in the Development and Review of Draft Ordinances HDR has already provided the City with templates of storm water utility ordinances. HDR will work with staff and City Council to develop desired policies to include in separate ordinances to: (1) create the storm water utility and associated policies, and (2) to establish the storm water rate schedule. HDR will also provide review services of the multiple iterations of the draft ordinances. E. Task 6 - Assist in Staff, City Council and Stakeholder Coordination With the potential controversy associated with shifting of cost responsibilities for funding storm water and developing a new service charge, coordination will be very important. HDR can draw on its national and Texas experience to provide insight as to approaches, quality control review, and stakeholder support. HDR will assist staff in the development of Power Point presentations, handouts, and news releases. HDR is uncertain about the ultimate of coordination effort that will be required in this effort, but we have budgeted a placeholder number of hours. III. FEES AUTHORIZED • .7u11111 a1 VI 1 v...u. Original Contract Amd, No. 1 Total A Task 1 — Assist in Storm Water Policy Definition 3,007 868 3,875 B. Task 2 — Assist in Development of Billing Database 24,242 26,381 50,623 C. Task 3 — Assist in Delineation of Rate Design, Pricing, and Revenue Forecasts 1,612 4,836 6,448 D. Task 4 — Enable the Storm Water Portion of the City's Integrated Financial Planning Model 1,612 1,612 3,224 E. Task 5 — Assist in the Development and Review of Draft Ordinances 1,736 868 2,604 F. Task 6 — Assist in Staff, City Council and Stakeholder Coordination 11,718 9,765 21,483 Labor Subtotal 43,927 44,330 .88,257 Travel, Per Diem, Printing & Reproduction 5,973 4,670 10,643 Total $49,900 49,000 $98,900 Exhibit B Page2of2 HA FIOMEI KEVINMEMSTORMWAT12292StormWaterUtility \AEAmd1AwdSumExhB.doc 11 AGENDA MEMORANDUM May 13, 2008 SUBJECT: Multiple Use Agreement - TXDOT — CCIA Taxiway Rehabilitation and Drainage Phase VI (Projects No. 10019, 10020, & 10021) AGENDA ITEM: Resolution to Authorize the City Manager or Designee to Execute a Multiple Use Agreement with Texas Department of Transportation (TXDOT) for a Drainage Culvert on FM 763 (Joe Miruer Road) Associated with Corpus Christi International Airport (CCIA) Taxiway Rehabilitation and Drainage Phase VI Projects. ISSUES: Approval of the Resolution is required to allow the City to construct a drainage culvert on F.M. 763 as part CCIA Drainage Phase VI. FUNDING: Funding is not obligated by the approval of the Resolution. Project funds for the future authorization to construct the project are available from Federal Aviation Administration Grants and Aviation Capital Reserve Funds. RECOMMENDATION: {\ Approval of the motion as presented. oS1/.B Fred Segundo Kevin R. Stowers Director of Aviation Interim Director of Engineering Services ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Exhibit B. Resolution Exhibit C. Multiple Use Agreement & Exhibits Page 1 of 1 f1-1flfl I IRAF- .11.,eorU (f'.E1 C...11T rnn4GFGmril CurrtManin rinr• BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City is presently advertising the Corpus Christi International Airport Taxiway Rehabilitation and Drainage Phase VI Projects for bid. One element of the Drainage Phase VI project provides for the installation of a drainage culvert across FM 763 (Joe Mireur Road). The project will result in the City's installation of four (4) 6 -ft x 9 -ft reinforced concrete box culverts across FM 763. The culverts will result in the project ultimately having its outfall at the Kelly Ditch. TXDOT requires the City to secure a Multiple Use Agreement in order for the work and culverts to be installed within their right of way. FUTURE COUNCIL ACTION: Council will be request to award the construction contract for the Taxiway Rehabilitation and Drainage Phase VI Projects after receipt of bids. This may also require Council action to authorize an Engineering Materials Testing and Laboratory Services agreement. FEES: The agreement requires no expenditure of funds at this time. TXDOT will only require such fees as may be nominally required for the project. The agreement does not mandate the payment of such fees at this time as a condition of approval of the permit. Exhibit A Page 1 of 1 HAHOMEIKEVINSIGENI AIR_ restored124041mprovementsgaxiwayRehabLighlingDrainagePhVIIAwdMulliUseB kgExhkdoc RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE A MULTIPLE USE AGREEMENT WITH TXDOT FOR A DRAINAGE CULVERT ON FM 763 (JOE MIRUER ROAD) ASSOCIATED WITH CORPUS CHRISTI INTERNATIONAL AIRPORT TAXIWAY REHABILITATION AND DRAINAGE PHASE VI PROJECTS. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager or designee is authorized to execute a Multiple Use Agreement with the Texas Department of Transportation (TXDOT) to allow for the construction, operation and maintenance of a drainage culvert within the State's right of way on FM 763 (Joe Miruer Road) associated with Corpus Christi International Airport Taxiway Rehabilitation and Drainage Phase VI Projects. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary APPROVED AS TO FORM: 4- Veronica Ocanas Assistant City Attorney for City,Attorney Henry Garrett Mayor H:ULEG- DIR \VeronicaOt1 ENGV1 ... - - AGENDA ITEM SM08 \051308\051308 RESO.TXDOTmu ti -use for drainage culvert on EM 763.6oc 1 OF 2 day of , 2008. The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H. \LEG- DIk\ \VeronicaO'1 ENGi1 .. AGENDA ITEM S\08;051306 \051308 RESO.TXDOTmulii -rise for drainage culvert on FM 763.doc 2 OF 2 CONSMU 11211E67' !=liM1 liE337 =-M C Ilya Corpus Christi ENGINEERING SERVICES PO Box 9277 Corpus Christi Txas 78469 -9277 Phone 361 -880 -3500 Fax 361.880 -3501 www,cctexas.corn April 23, 2008 Martin Horst, P.E. Texas Department of Transportation 1701 South Padre Island Drive Corpus Christi, TX 78417 Re: Multiple Use Agreement — Drainage Culvert — FM 763 (Joe Mireur Road) Dear Mr. Horst: Please find enclosed two executed Agreements for the referenced project. Exhibits A, B, and C were delivered under separate cover by Michael Lawrence, P.E. to TXDOT. The Exhibits are in the possession of Robert G. Isassi. This project is necessary for drainage improvements at Corpus Christi International Airport. The project is being fully funded by the Federal Aviation Administration and City of Corpus Christi. Thank you for your assistance with this project. Please feel free to call me if you have any questions. Sincerely, p 1-//Z-:5/e21 Kevin Stowers Assistant Dir. - Engineering Services xc: Fred Segundo, CCIA Director Ralph Zapata, P.E., CCIA Roei Rodriguez, CCIA Michael Lawrence, P.E., PGAL Arip. INN Vaelpandalw Form 2044 (Ray. 01100) 1GSD•EPC) Pop 1of0 STATE OF TEXAS COUNTY OF TRAVIS § MULTIPLE USE AGREEMENT THIS AGREEMENT made by the State of Texas by and between the Texas Department of Transportation, hereinafter referred to as "State, party of the first part, and The City of Corpus Christi, Texas , hereinafter called The City , party of the second part, is to become effective when fully executed by both parties. WITNESSETH WHEREAS, on the 26 day of February , 20 08 , the governing body for the City , entered into Resolution/Ordinance No. hereinafter identified by reference, authorizing the City 's participation in this agreement with the State; and WHEREAS, the City State to permit the construction, maintenance and operation of a public Drainage Culvert has requested the on the highway right of way, (General description of area) FM 763, Joe Mireur Road, approximately 2400 IF Southwest of Bear Lane. shown graphically by the preliminary conceptual site plan in Exhibit "A` and being more specifically described by metes and bounds of Exhibit "B', which are attached and made a part hereof; and WHEREAS, the State has indicated its willingness to approve the establishment of such facilities and other uses conditioned that the City will enter into agreements with the State for the purpose of determining the respective responsibilities of the City and the State with reference thereto, and conditioned that such uses are in the public interest and will not damage the highway facilities, impair safety, impede maintenance or in any way restrict the operation of the highway facility, all as determined from engineering and traffic investigations conducted by the State. Form 2044 (Rev. 01/03) Pisa. 2 of 0 AGREEMENT NOW, THEREFORE, in consideration of the premises and of the mutual covenants and agreements of the parties hereto to be by them respectively kept and performed as hereinafter set forth, it is agreed as follows: 1. DESIGN AND CONSTRUCTION The City will prepare or provide for the construction plans for the facility, and will provide for the construction work as required by said plans at no cost to the State. Said plans shall include the design of the access control, necessary horizontal and vertical clearances for highway structures, adequate landscape treatment, adequate detail to ensure compliance with applicable structural design standards, sufficient traffic control provisions, and general layout. They shall also delineate and define the construction responsibilities of both parties hereto. Completed plans will be submitted to State for review and approval and when approved shall be attached to the agreement and made a part thereof in all respects. Construction shall not commence until plans have been approved by the State. Any future revisions or additions shall be made after prior written approval of the State. 2. INSPECTION Ingress and egress shall be allowed at all times to such facility for Federal Highway Administration personnel and State Forces and equipment when highway maintenance operations are necessary, and for inspection purposes; and upon request, all parking or other activities for periods required for such operations will be prohibited. The state auditor may conduct an audit or investigation of any entity receiving funds from the state directly under the contract or indirectly through a subcontract under the contract. Acceptance of funds directly under the contract or indirectly through a subcontract under this contract acts as acceptance of the authority of the state auditor, under the direction of the legislative audit committee, to conduct an audit or investigation in connection with those funds. An entity that is the subject of an audit or investigation must provide the state auditor with access to any information the state auditor considers relevant to the investigation or audit. 3. PARKING REGULATIONS Parking regulations shall be established limiting parking to single unit motor vehicles of size and capacity no greater than prescribed for 1'I2 ton trucks, such vehicles to conform in size and use to governing laws. Parking shall be permitted only in marked spaces. 'Parking shall be prohibited when a security threat, as determined by TxDOT, exists. Faun 2044 (Rey 01108) Page 3of8 4. PROHIBITION/SIGNS Regulations shall be established prohibiting the parking of vehicles transporting flammable or explosive loads and prohibiting use of the area in any manner for peddling, advertising or other purposes not in keeping with the objective of a public facility. The erection of signs other than those required for proper use of the area will be prohibited. All signs shall be approved by the State prior to the actual erection. 5. RESPONSIBILITIES Maintenance and operation of the facility shall be entirely the responsibility of the City . Such responsibility shall not be transferred, assigned or conveyed to a third party without the advanced written approval of the State. Further, such responsibility shall include picking up trash, mowing and otherwise keeping the facility in a dean and sanitary condition, and surveillance by police patrol to eliminate the possible creation of a nuisance or hazard to the public. Hazardous or unreasonably objectionable smoke, fumes, vapor or odors shall not be permitted to rise above the grade line of the highway, nor shall the facility subject the highway to hazardous or unreasonably objectionable dripping, droppings or discharge of any kind, including rain or snow. 6. FEES Any fees levied for use of the facilities in the area shall be nominal and no more than are sufficient to defray the cost of construction, maintenance and operations thereof, and shall be subject to State approval. 7. TERMINATION UPON NOTICE This provision is expressly made subject to the rights herein granted to both parties to terminate this agreement upon notice, and upon the exercise of any such right by either party, all obligations herein to make improvements to said facility shall immediately cease and terminate. 8. MODIFICATIONITERMINATION OF AGREEMENT If in the sole judgment of the State it is found at any future time that traffic conditions have so changed that the existence or use of the facility Is impeding maintenance, damaging the highway facility, impairing safety or that the facility is not being properly operated, that it constitutes a nuisance, is abandoned, or if for any other reason it Is the State's judgment that such facility is not in the public interest, this agreement under which the facility was constructed may be : (1) modified If corrective measures acceptable to both parties can be applied to eliminate the objectionable features of the facility; or (2) terminated and the use of the area as proposed herein discontinued. Form 2044 (Rev 01/08) Page 4of8 9. PROHIBITION OF STORAGE OF FLAMMABLE MATERIALS All structures located or constructed within the area covered by the agreement shall be fire resistant. The storage of flammable, explosive or hazardous materials is prohibited. Operations deemed to be a potential fire hazard shall be subject to regulation by the State. 10. RESTORATION OF AREA The City that such facility will be discontinued for the purpose shall provide written notification to the State p rpose defined herein. The City shall, within notification, clear the area of alt facilities that were its construction responsibility p bs from the date of said and restore the area to a condition satisfactory to the State. under this agreement 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions of an existing agreements between the parties hereto. any 12. INDEMNIFICATION The City agent, servant or employee of the State, and that it is responsible for its own acts and deeds and those of its agents or employees during the performance of contract work. d for Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liabili by claiming its governmental immunity. ty When notified by the State to do so. the other party hereto shall within thirty (30) days from receipt of the State's written notification pay the State for the full cost of repairing any damages to the highway facility which may result from its construction, maintenance or operation of the facility, and shall promptly reimburse the State for costs of construction and/or repair work made necessary by reason of such damages. Nothing in this agreement shall be construed as creating any liability in favor of any third party against the State and the City . Additionally, this construed as relieving any third party from any liability against the State an the shalt not ever be t City , but the shall become fully subrogated to the State and shall be entitled to maintain any action over and against the third party the rty which may be liable for having City hereunder to pay or disburse any sum of money Form 2044 (Rev. 01108) Pape 5 el 8 13. INSURANCE The City shall provide necessary safeguards to protect the public on State maintained highways including adequate insurance for payment of any damages which might result during the construction, maintenance and operation of the facility occupying such airspace or thereafter, and to save the State harmless from damages, to the extent of said insurance coverage and insofar as it can legally do so. Prior to beginning work on the State's right of way, the City 's construction contractor shall submit 10 the State a completed insurance form (TxDOT Form No. 1560) and shall maintain the required coverage during the construction of the facility. 14. USE OF RIGHT OF WAY It is understood that the State by execution of this agreement does not impair or relinquish the State's right to use such land for highway purposes when it is required for the construction or re- construction of the traffic facility for which it was acquired, nor shall use of the land under such agreement ever be construed as abandonment by the State of such land acquired for highway purposes, and the State does not purport to grant any interest in the land described herein but merely consents to such use to the extent its authority and title permits. 16. ADDITIONAL CONSENT REQUIRED The State asserts only that it has sufficient title for highway purposes. The City shall be responsible for obtaining such additional consent, permits or agreement as may be necessary due to this agreement. This includes, but is not limited to, appropriate permits and clearances for environmental, ADA and public utilities. 16. FHWA ADDITIONAL REQUIREMENTS If the Facility is located on the Federal -Aid Highway System, `ATTACHMENT A', which states additional requirements as set forth In the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710, shall be attached to and become a part of this agreement. 17. CIVIL RIGHTS ASSURANCES The City , for itself, its personal representatives, successors and interests and assigns, as part of the consideration hereof, does hereby covenant and agree as a covenant running with the land that: (1) no persons, on the grounds of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, be denied the benefits of, or be otherwise subjected to discrimination in the use of said facility; (2) that in the construction of any improvements on, over or under such land and the furnishing of services thereon, no person on the ground of race, color, sex, age, national origin, religion or disabling condition, shall be excluded from participation in, denied the benefits of, or otherwise be subjected to discrimination; (3) that the Form 2044 (Rev. o11o8) Page sal8 City shalt use the premises in compliance with all other requirements imposed by or pursuant to Title 49, Code of Federal Regulations, Department of Transportation, Subtitle A, Office of the Secretary, Part 21, Non - discrimination In Federally- Assisted programs of the Department of Transportation - Effectuation of Title VI of the Civil Rights Act of 1964, and as said Regulations may be amended. That if in the event of any breach of the above non - discrimination covenants, the State shall have the right to terminate the agreement and reenter and repossess said land and the facilities thereon, and hold the same as if said agreement had never been made or issued. 18. AMENDMENTS Any changes in the time frame, character or responsibilities of the parties hereto shall be enacted by a written amendment executed by both parties hereto. 19. LEGAL CONSTRUCTION In case one or more of the provisions contained in this agreement shall for any reason be held invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceabllity shall not affect any provision hereof and this agreement shall be construed as if such invalid, illegal, or unenforceable provision had never been contained in this agreement. 20. NOTICES All notices required under this agreement shall be mailed or hand delivered to the following respective addresses: STATE (Name of other party) (Mailing Address) (Mailing Address) Texas Department of Transportation Maintenance Division 125 East 11th Street Austin, Texas 78701 -2483 The City of Corpus Christi Kevin Stowers, Interim Director of Engineering Services 1201 Leopard Street, 3rd Floor Corpus Christi, Texas 78469 -9277 21. WARRANTS The signatories to this agreement warrant that each has the authority to enter into this agreement on behalf of the party represented. List of Attached Exhibits: Exhibit A - General Layout Exhibit B - Metes and Bounds Description Exhibit C - Approved Construction Plans Exhibit D - Certificate of Insurance (TxDOT Form 1560) Exhibit E - Attachment A (FHWA Additional Requirements) Form 2044 {Rev. 01108) Page 7011 IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the on the day of 20 , and the State on the day of By: ( ame of other party) Interim Director - Engineering Services Title Kevin R. Stowers Printed Name 04/21/08 Date App = d as to WW1'. Assistant City Attorney For City Attorney , 20 STATE OF TEXAS Executed and approved for the Texas Transportation Commission for the purpose and effect of activating and/or carrying out the orders, and established policies or work programs heretofore approved and authorized by the Texas Transportation Commission. By: Director, Maintenance Division Printed Name Date APPROVAL RECOMMENDED: District Engineer Printed Name Date ssa.•.K 64,1.44u:0.0 0 444.0 SYx21 USIt1H3 S/iddQ JO A113 M x30Ni 133HS 9 133uS 371!1 111 .. ' LI ICISI.L IL 1A 3STHd 30INIVb0 013Illl :v ONV 914I10.1Or1 /39vNOrS 1vA1 :xv1 'NOI1r111IB,H311 AYMIXT1 l adr l . 111111...1L rI 1171..7 I jig 1 11 q 11 11 JIIIIL 1 14 II it 41111111111111 y11141111 o 4 }y1, i 8 161,1 Fo -nro� n n?1 R RIE CORPUS CHRISTI' BAY y i • tio s 0 / A�ar�f 0 . z z -..: .16....-...,-4/:,* 7. - ,1214,04,4„,,,,w416, • ... ,_ 0 ....x ,__, ..,_ Nhow4Lir, -- ._.0 z........ 0 .JU) ' r- m a r aaz l..i XC7 4!fi.i O t.l w -j (1; 11, 1—>-)- t_1 W - ,....`. Oxx IX 0-t- + R! S > a a r11.u.1In 4 11.0 P i 1" f�y w ttn CORPUS CHRISTI PREPARED BY el 0 .4v..P• 1 .1.4 ■111 • .1PY.i .W1.71 Otit I1)4sCKV }y0010 h.11 WW1 �. IMVS METES i BOUNDS PARCEL 1 6.514 ACRE TRACT BEING A TRACT or LAND CONTAINING 6.514 ACRES LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND BEING OUT OF AND PART OF TRACT.2 OF THE SUBDIVISION OF THE MARGARET KELLY LAND AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 8, PAGE 40 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING FURTHER OUT OF AND PART OF THAT CERTAIN CALLED 15.929 ACRE TRACT 2 -1A SHOWN ON THE MAP ENTITLED "SUBDIVISION OF TRACT NO. 2 OF MARGARET KELLY FARM LAND BY CECILIA KELLY" RECORDED AT VOLUME 7, PAGE 247 OF THE MISCELLANEOUS MAP RECORDS OF NUECES COUNTY, TEXAS, WITH AN UNDIVIDED 6.8771 INTEREST IN SAID TRACT 2 -1A HAVING BEEN CONVEYED BY MARY ELIZABETH ZUBERBUELER TO EACH OF EMIL MARTIN ZUBERBUELER, JOHN ULRICH ZUBERBUELER, JR., PATRICK KELLY ZUBERBUELER, AND MATTHEW HABY ZUBERBUELER BY GIFT DEED RECORDED AT DOCUMENT NUMBER 1996049363 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, SAID 6.514 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS IN THIS DESCRIPTION ARE REFERENCED TO THE BEARING OF NORTH FOR THE WEST LINE OF TRACT 2 OF THE AFOREMENTIONED SUBDIVISION OF THE MARGARET KELLY LAND. ALSO, THE SET 3/4" IRON RODS WITH PLASTIC CAPS REFERRED TO IN THIS DESCRIPTION HAVE THE FOLLOWING STAMPED ON SAID CAPS: MGM, INC. RPL$ 147431 BEGINNING at a 5/8" iron rod found for the common northwest corner of said Tract 2,Tract 2 -IA and the 6.514 acre tract herein described, said corner being a call of South a distance of 2,677.12' from the center line of Kezar Road; THENCE, East, along the common north line of said Tract 2 and Tract 2 -1A, a distance of 508.63' (call distance - 508.64') to a 3/4" iron rod with plastic cap set for the northwest corner of that certain called ]5.024 acre tract of land conveyed for drainage ditch right -of -way purposes by Cecilia Kelly to the City of Corpus Christi, Texas, a Municipal Corporation, by instrument recorded at Volume 1055, Page 560 of the Deed Records of Nueces County, Texas, said iron rod also marking the northeast corner of the 6.514 acre tract herein described; THENCE, S 00' 02' 20" E, leaving the north line of said Tract 2 along the westerly line of said drainage ditch right -of -way (210' wide}, a distance of 44.04' to a 3/4" iron rod with plastic cap set for a point of curvature of a curve to the left, said iron rod bearing S 89' 37' 50" W a distance of 209.54' from a found iron T -bar; THENCE, continuing along said westerly line and curve to the left possessing a central angle of 42' 02' 20 ", a radius of 367.04' and a chord bearing 5 21° 03' 30" E - 263.30', a distance of 269.30' to a 3/4" iron rod with plastic cap set for a point of tangency; THENCE, S 42' 04' 40" E, continuing along the westerly line of said drainage ditch right -of -way, a distance of 266.35' to a 3/4" iron rod with plastic cap set for the southeast corner of the 6.514 acre tract herein described, said iron rod bearing N 424 04' 40" W a distance of 557.83' from a 3/4" iron rod with plastic cap set along said westerly line for the southeast corner of said Tract 2 -1A; THENCE, N 08' 31' 37" W, leaving the westerly line of said drainage ditch right -of -way, a distance of 182.02' to a 3/4" iron rod with plastic cap set along the common west line of said Tract 2 and Tract 2 -1A for the southwest corner of the 6.514 acre tract herein described, said iron rod bearing North a distance of 434.12' from the southwest corner of said Tract 2 -1A and North a distance of 2,208.66' from a 5/8" iron rod found for the southwest corner of said Tract 2; THEN E, North, along the common west line of said Tract 2 and said Tract 2 -lA, a distance of 467.35' to the POINT OF B GINNING and containing 6.514 acres (283,744 square feet) of land. This description has been prepared in conjunction with an exhibit of like date of the subject 6.514 acre tract. Also, this description is based on an actual on the ground survey performed under the supervision of Steven L. Guy, R.P.L.S. No. 4743. �CKL •NORTH - 2.677,12 TO C/L OF KOSAR ROAD RC, �na+Fx' VOL- POINT OF BEGINNING rof). W t . LKAJON IOM& NOIAAttKfI 0s R MDT[ 142. 3, !CALL 2I2T.4904.S47 uT7.'LA. Inc NOT[ •2 1TYP•I PARCEL 1 8.514 ACRES (283,744 S.F.1 EM, L �sET i'.'LR 1RX• 0,419 pcv xi 3'.' 1a. VCR. S 00.02'20" E 44.04' N 59•37'30" E - 209.54' ICALC. CALL • N 59.57'13" E 210.00') r,m. RON 1-DAP use N 88' 31'37" W 782.02' PARCEL 2 4.015 ACRES • 42' 02'20" R • 367.04' L • 261.30' SCALE= 1" •200' CHD • 263.30' CHO SRO • S 21' 03'30" E R •Al- TR I•T2 VO. ;fr F 4f� N ik 4010 N. ter' 4bIC %. 1' PNO L Sr? Ye LA. N 88' 31'37" W - 867.01' LEGEND OA.R.N.C.T. LR. LP. MJLN,C.7. M,M.R.x0 T. PARCEL 3 5.372 ACRES 5ET y.• IR. N 69' 59'56" W 7155.58' KEEL • wt51 - 1.L:N.3h MyA, x gkCr'r\pot, OffCI#. PUPNC RECORDS or ACES mom, TEPAS ROM PO4 . 4000RDS Of NUEMO COUNTY. MAAS MSCflUNEDUS MAP RECORDS Of MACES COUNTY. TEXAS NOTES 1. TIE KNOW REFLE61E0 ON TI0! EfOCPR ARE IIEFERpcgD TO THE KAMM OF NORTH r04 THE WEST UK CF TRACT 2 Of TIE S1*CIV8IDN Of TIE MMCMCT KELLY LNO. AS DIDCATE0 . ON TIE PLAT THEREOF ammo o voLwt O. PACE 40 Of THE MAP RECORDS OF NLIECE5 COUNTY, TE1tA4. 2. TIC f'." RON RODS SNOW AS PEDIO SET HEREON NAVE PLASTIC cos wnM T11E MUMS STALI►EO ON SAO CAPS, MOPE AID. RPL5 • 4743 3, PAM ON CALCULATIONS USOHC THE CCOIETRIC DATA CONTAYIEO 01 THE DEED RECORDED AT VOLULC 1055,440E 560 OF TM OECD Rt50405 OF PUCE, C013irY.TUAL.THE NORTHWEST CORNEA OF THE ORMIADC DITCH IOWt- OF•wAT TM110 FROM TRACT 2 or THE SUMMON/ or THE LWlOMCT KELLY LAND 8 LOCATED EAST A DISTANCE Of 006.113'11011 71E NORTNRESr CORNER Or 04* TRACT 2.SAI0 001ILH 450 TIC NORTNWEST CORNED Of TRACT 2-11. 5E1 ip�" LR. Ir1C. 7L• LR. 0EAPP C 11 Pr0P'SP• W • 2.3vp 5 42' 04'40" E 753.51' FNO, r LP. D.23•Lt. 4. 1145 IIIRV[Y WAS PREPARED 1TITk01T TTE &M EM Or A ME REYORT. TIE SURVEYOR HA5 NOT ASSTRACIID THE 514 CT PROPERTY. EXHIBIT OF 6.514 ACS. OUT OF TRACT 2 -1A AS SHOWN ON MAP RECORDED AT VOL. 7, PG. 247 Martinez, Guy & Maybik, Inc. 2470 Cnw FaIY Cr. SUto TX Ib .ton, Te"m 77077 128'1579`0335 Civi /StructLrd Engineering & Land Surveying METES 6 HOUNDS PARCEL 2 4.015 ACM TRACT BEING A TRACT OF LAND CONTAINING 4.015 ACRES LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND BEING OUT OF AND PART OF TRACT 2 OF THE SUBDIVISION OF THE MARGARET KELLY LAND AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 8, PAGE 40 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING FURTHER OUT OF AND PART OF THAT CERTAIN CALLED 15.929 ACRE TRACT 2 -2A SHOWN ON THE MAP ENTITLED "SUBDIVISION OF TRACT NO. 2 OF MARGARET KELLY FARM LAND BY CECIL,IA KELLY" RECORDED AT VOLUME 7, PAGE 247 OF THE MISCELLANEOUS MAP RECORDS OF NUECES COUNTY, TEXAS, WITH AN UNDIVIDED 6.8771 INTEREST IN SAID TRACT 2-IA HAVING BEEN CONVEYED BY MARY ELIZABETH ZUBERBUELER TO EACH OF EMIL MARTIN ZUBERBUELER, JOHN ULRICH ZUSERBUELER, JR., PATRICK KELLY ZUBERBUELER, AND MATTHEW HASP ZUBERBUELER BY GIFT DEED RECORDED AT DOCUMENT NUMBER 1996049363 OF THE OFFICIAL PUBLIC RECORDS of NUECES COUNTY, TEXAS, SAID 4.015 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS IN THIS DESCRIPTION ARE REFERENCED TO THE BEARING OF NORTH FOR THE WEST LINE OF TRACT 2 OF THE AFOREMENTIONED SUBDIVISION OF THE MARGARET KELLY LAND. ALSO, THE SET 3/4" IRON RODS WITH PLASTIC CAPS REFERRED TO IN THIS DESCRIPTION HAVE THE FOLLOWING STAMPED ON SAID CAPS:. MGM, INC. RPLS 14743) COMMENCING at a 5/8" iron rod found for the common northwest corner of said Tract 2 and said Tract 2 -1A, said corner being a call of South a distance of 2,677.12' from the center line of Kosar Road; TBEN L South, along the common west line of said Tract 2 and said Tract 2 -1A, a distance of 467.35' to the northwest corner and POINT OF BRGIIAIING or the 4.015 acre tract herein described; TKV4CC, $ 88° 31' 37" E, leaving the common west line of said Tract 2 and said Tract 2 -1A, a distance of 782.02' to a 3/4" iron rod with plastic cap eel along the westerly line of that certain called 15.024 acre tract of land conveyed for drainage ditch right -of -way purposes by Cecilia Kelly to the City of Corpus Christi, Texas, a Municipal Corporation, by instrument recorded at Volume 1055, Page 560 of the Deed Records of Nueces County, Texas, said iron rod marking the northeast corner of the 4.015 acre tract herein described; THENCE, S 42' 04' 40" E, along the westerly line of said drainage ditch right - of -way, a distance of 275.95' to a 3/4" iron rod with plastic cap set for the southeast corner of the 4.015 acrd tract herein described, said iron rod bearing N 42° 04' 40" W a distance of 281.88' from a 3/4" iron rod with plastic cap set along said westerly line for the southeast corner of said Tract 2 -1A; THENCE. N 88' 31' 37" W, leaving the westerly line of said drainage ditch right -of -way, a distance of 976.01' to a 3/4" iron rod with plastic cap set along the common went line of said Tract 2 and Tract 2 -1A for the southwest corner of the 4.015 acre tract herein described, said iron rod bearing North a distance of 234.05' from the southwest corner of said Tract 2 -1A and North a distance of 2,008.59' from a 5 /8" iron rod found for the southwest corner of said Tract 2; THENM North, along a distance of 200.07' (174,903 square feet) This description has of the subject 4.015 on the ground survey No. 4743. the common west lino of said Tract 2 and said Tract 2 -1A, to the POINT OP BEGINNING and containing 4.015 acres of land. been prepared in conjunction with an exhibit of like date acre tract. Also, this description is based on an actual performed under the supervision of Steven L. Guy, R.P.L.S. 1 x CE! LEGEND 0.P.R.N.C.T. LR. LP. v.iIR.MC.T. CALL • NORTH - 2,577.12' TO C/L OF KOSAR ROAD .% it =um COMMENCING CONTROL I1NMENT) EAST 1SQND, 1.31 )C01.). DIST.40S.1149 SET Yu" Lk. S 00.02'20" E 44.04' N 88' 37'50" E • 209.54' (CALC. CALL • 14 89.57'13" E 210.00') FMC. RON 1•0A4 - 42.02'20" R • 387.04' L • 289.30' CHD • 283.30' CHD BRG • S 21'03'30" E rr AL- E O' TFIA,CN► ;,B SCALE' 1 "•200' PARCEL 1 MARTEN MIL SET ye LR. IA POINT OF ACT FKS' BEGINNING T I P0• M► .15919 set Y; 1s. � ztiB c r,f:scoe ‘1" • fiN't. , 00, /4, -r. , %)0 v04T.F9' sat ye Lk. S 85'31'37" E • 782.02' PARCEL 2 4.015 ACRES (174,903 S.F.) SEE MET( 2 1TYP.) N 88' 31'37" W • 987.01' SET Yi" 1.4. PARCEL 3 5.372 ACRES We. %' LR. MAW N 111. 5951" w 0.08' L Nid N 89.59'5 S W • 1155.58' 34P L'r Ao tAg Dt. • WEST - 1.81.3111 1 SCT ,{ p�1' IFND. 1i• I.R. WARM inp 2.20) TRACr:Ir ko r G r 1 qGV rms. %• I.R. KBLARkR CONTROL MONUMEN71 MOW. PUBLIC RECORDS Or MI MS COLkrtv, mud no NO ROM PIPE MAPPAS CORDS Cr NUECEs COUNTY, TEX MIScCtLA1COUS MAP 4(00405 Or NUECES COA DY, TE403 NOTES S 421'04'40" E -' 753.51' rho. 14 LP. 0.23 *LT. 1. TK E itARWOS (IEFIECTEW QN TIM VOMIT ARL REFERENCED 10 THE SUM Of NORTH FOR AE MLST J or 7RACT 2 OF THE l.9DIV$10N Or THE NAROlaer KELLY LINO. AS 1 WOICATES ON ri[ PLAT 11EAEQF 4(0040E) 3) VOLLA% B,PA06 40 or THE MAP RECORDS OF KDIE0E3 C01.44TY,1(442. 2. 701E Y. R0N 4003 SNOWN 43 002)0 SET HEREON HAVE PLASTIC CMS 411)1 7110 FOLLO71NIf, WARDED ON SAtO CAPS M0Y, NC. RPts • 4743 3. MO OM CALCLLAT1Dils USL+A 7NL 0EO414IC DATA COIRAD[O 2) THE DEE0 REC0R0ED AT VDLUui esp. 440 7S0 OF 1HE DEED RECORDS 00 NoECES C0(MTY.TEXAS. RE NORTMRL$7 CORNER OF 1Ni DRAAWA0( 3)7CN RCOHT -OF -MAY srmis 14041 1447 2 or THE Iwav5004 a T)E 144R0ARE1 RALLY LAM 6 LOCATED LA57 A =TANCE 00 S08.BS'FROU TIE N017NwEs7 CORNER OF MO TRACT 2, SO CORKER ALSO 7HE II)0111021 Z01044 11• TRACT t•7A 4. T113 SNRVEY w►3 PREPARED w1T0VT 1ME WOW OF A ma REPORT. RQ SURVEYOR 1145 NOT AESTRAC7ED 11‘ !V82CT PROPERTY. EXHIBIT OF 4.015 ACS. OUT OF TRACT 2 -1A AS SHOWN ON MAP RECORDED AT VOL. 7, PG. 247 M.M.R.N.C.T. INMartinez, Guy & Maybik, Inc, 2470 Cry Fdrs Dr., Skits 730 I-bultan. Tows 77077 [285 5790338 Ovv /Structi. ral Engneerng & Land Surveying METES & BOUNDS PARCBL 3 5.372 ACRE TRACT BEING A TRACT OF LAND CONTAINING 5.372 ACRES LOCATED IN THE CITY OF CORPUS CHRISTI, NUECES COUNTY, TEXAS, AND BEING OUT OF AND PART OF TRACT 2 or THE SUBDIVISION OF THE MARGARET KELLY LAND AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 8, PAGE 40 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING FURTHER OUT OF AND PART OF THAT CERTAIN CALLED 15.929 ACRE TRACT 2 -1A SHOWN ON THE MAP ENTITLED "SUBDIVISION OF TRACT NO. 2 OF MARGARET KELLY FARM LAND BY CECILIA KELLY" RECORDED AT VOLUME 7, PAGE 247 OF THE MISCELLANEOUS MAP RECORDS OF NUECES COUNTY, TEXAS, WITH AN UNDIVIDED 6.877% INTEREST IN SAID TRACT 2 -1A HAVING BEEN CONVEYED BY MARY ELIZABETH ZUBERBUELER TO EACH OF EMIL MARTIN ZUBERBUELER, JOHN ULRICH ZUBERBUELER, JR., PATRICK KELLY ZUBERBUELER, AND MATTHEW HABY ZUBERBUELER BY GIFT DEED RECORDED AT DOCUMENT NUMBER 1956049363 OF THE OFFICIAL PUBLIC RECORDS OF NUECES COUNTY, TEXAS, SAID 5.372 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: (BEARINGS IN THIS DESCRIPTION ARE REFERENCED TO THE BEARING OF NORTH FOR THE WEST LINE OF TRACT 2 OF THE AFOREMENTIONED SUBDIVISION OF THE MARGARET KELLY LAND. ALSO, THE SET 3/4" IRON RODS WITH PLASTIC CAPS REFERRED TO IN THIS DESCRIPTION HAVE THE FOLLOWING STAMPED ON SAID CAPS: MGM, INC. RPLS 14743) COMMENCING at a 5/8" iron rod found for the common northwest corner of said Tract 2 and said Tract 2 -1A, said corner being a call of South a distance of 2,677.12' from the center line of Kosar Hoed; THENC$, South, along the common west line of said Tract 2- and said Tract 2 -1A, a distance of 667.42' to the northwest corner and POINT Or BEGINMING of the 5.372 acre tract herein described; THENCE, S 88' 31' 37" E, leaving the common west line of said Tract 2 and said Tract 2 -1A, a distance of 967.01' to a 3/4" iron rod with plastic cap set along the westerly line of that curtain called 15.024 acre tract of land conveyed for drainage ditch right -of -way purposes by Cecilia Kelly to the City of Corpus Christi, Texas, a Municipal Corporation, by instrument recorded at Volume 1055, Page 560 of the Deed Records of Nueces County, Texas, said iron rod marking the northeast corner of the 5.372 acre tract herein described; THENCE, S 42° 04' 40" E, along the westerly line of said drainage ditch right - of -way, a distance of 281.88' to a 3/4" iron rod with plastic cap set for the common southeast corner of said Tract 2 -1A and the 5.372 acre tract herein described; THENCE, N 89' 59' 56" W, leaving the westerly line of said drainage ditch right -of -way along the south line of said Tract 2 -1A, at a distance of 2.21' pass a found 5/8" iron rod, continuing in all a total distance of 1,155.58' (call • West - 1,156.39') to a point along the west line of said Tract 2 for the common southwest corner of said Tract 2 -1A and the 5.372 acre tract herein described, said iron rod bearing S 89' 59' 56" E a distance of 0.06' from a found 5/8" iron rod and North a distance of 1,774.54' from a 5/8" iron rod found for the southwest corner of said Tract 2: THENCE, North, along the common west line of said Tract 2 and said Tract 2 -1A, a distance of 234.05' to the POINT OP BEGINNING and containing 5.372 acres (234,010 square feet) of land. This description has been prepared in conjunction with an exhibit of like date of the subject 5.372 acre tract. Also, this description is based on an actual on the ground survey performed under the supervision of Steven L. Guy, R.P.L.S. No. 4743. t/—CALL • NORTH • 2.677.12' TO C/L Of KOSAR ROAD T R ACTNr)1i 4.7. YOIA POINT MO COMMENCING CONTROL 14014.5tEHT1 ' E11 NOTE 3) 3 ��rSS1 Cet ti rb POINT OF �D g BEGINNING lee-SET V," Lit Cr o ICKL 01S1.•505.341 SET Vi" LR. SET Ys' LL PARCEL 1 APT IN EMIL at r. 1.R. 2 A TRACE',' 1590' ss. S 88.31'37" E - 782.02' 1- ccS LEGEND LL LP. MLRALC.T. 1LM.R.ILC.T. PARCEL 2 4.05 ACRES S 00' 02'20" E 44.04' N 14.37'50" E - 200.54' ICALC. CALL • N 80.57•13" E 210.001 IND.RiON T.RAR r • 42' 02'20" L • 367.04' 289.30' ' SCALE' 1" -200' L • 289.30' CND - 283.30' CND 8RG • S 21'03'30" E T AI- R. 6 -r RANI 2A;,0.,. 5ET V'," AR. • S 86•31137" E - 967.01' re. W 1R. 3EAK010 N W3P$5• W - 0.05• PARCEL 3 5.372 ACRES (234,010 S.F.) N 89 A . • 5956" E3'T 1.154.s416S.58' ACT AI'N • - T.� a� 1► Rv 7515T 40 E SET t," I.R. SEE NOTE •2 {TYP.) J di( kYl SET r'• LR. • LFliD. 4-1,0. OEARNC N or sI'54• w - 2.711 M. %` O. OEARNO CONTROL 104101CNTI 0Fr0 . PUOLK: RECORDS OF NUECES COUNTY.IERAS WON ROD WON PRE WP RECORDS OF HUECES COIIITY. TOM MISCELiNtoUS RIP RECORDS Of masts COUMY,SAS FEW. t• RP. 0.23' LT. NOTES 1. 11C winos RETLECTED ON THIS E111ON Mt REFERENCES TO THE BUMS Of NORTH TOR 114 WEST LOE Or TRACE E OF 112 SD00NSlDN OF Tit IIM0*REm KELLY Imo. AS I10CMCD ON TIq PLAT TIEREOF Rt OSSO IN vOLUYE 4. PAGE 40 or Tit WA RECORDS or IRFECES COIMTY, TEXAS. I. THE re IRON R00S SHOWN 43 K0IO SET HEREON HAVE PLASTIC CAPS WEIR lit 'atone 31*130 ON no CAPS' Yd11, INC. RPLS • 4743 3, RASED ON CALCULATOR V5010 THE MOtETRIC DATA CONTAEMED TH TIC SEED OE00R0ED AT VOLUME 1035,PAOE 000 OF 713 DEED OU RECORDS Or 1A*ECE5 BNTY. Two. T NORTHwESI CORMt3 OF THE 4RA[NAOE LOCH 00NT- CF•WAY TARNS TROD TRACT 2 Or lit Si1RO1 11011 0I THE MIIWOMET KELLY LIAR RS LOCATED LAST A DISTANCE OF 800.53'r343 Tit NOR1RTEIT CORNER OF SAID TRACT 3,SA13 COMER ALSO THE NORTINTE.ST CORNER OF TRACT 2•K 4. THIS SURVEY WAS 13(1*ma) WITHOUT THE IDITTT OF A one REPORT. Tit SURVEYOR HAS NOT A115TRACTEO T1E SUBJECT PROPERTY. EXHIBIT OF 5.372 ACS. OUT OF TRACT 2 -1A AS SHOWN ON MAP RECORDED AT VOL. 7, PG. 247 M.M.R.N.C.T. IDMartinez, Guy & Mayblk, Inc. 2470 Oro' Fdb Cr.,Siite '00 1-baton, Tams 77077 1280 579 -0335 >.avi1 /Structixoi Engheerhg & Land Surveying oa: MMAWAM t»r••YS 6.q..woI!avl 00 jot? SVX3L 1iSI1IH SAdMO3 is A119 Y LIO fold A1305 1 1f10Atl 11WAo SJN3M3AOudnlcI•Q/11 c Hai10 Hlvm •1 all • • Y r K. E'SYY...•.e :n ilrr 1 rr v t vvY PPE -asp En 3SVNd 30VN1a110 0131ia1t ONV ONItH0E1 /30VN0I$ AVMIXt1 'NDE1t1I11brH3k1 AYMIAV1 ' mor hitim p,rI Mum, slu of Y ! km I'8. b Mr.r. ail l tieb the ±•• 15'60.29• e. • • • • gi11111111111 M1N111111111 E11111111111 6191111111111 4301111111111 � mammon Ell p1311111= E1111111 ii nun unr - .awxw a.. arse a¢.a g.w.ron,.uaretZ%.• •xt,a. otirf City of Corpus Christi HUMAN RESOURCES PO Box 9277 Corpus Christi Texas 78469 -9277 Phone 361 - 826.3300 Fax 361-826-3322 Health Benefits Fax 361-844-1730 Risk Management Phone 361-826-3680 Fax 361-826-3697 www.cciexas.com April 23, 2008 Texas Department of Transportation Maintenance Division 125 East 11th Street Austin, Texas 78701 -2483 To Whom It May Concern:: This will serve as confirmation that the City of Corpus Christi is self- funded for liability risks including but not limited to; auto liability and auto physical damage, property damage, general liability, liability of public officials and, liability for money /securities to the current budgeted allocation of $3.3 million. The City is self - fiznded under Chapter 504, Workers' Compensation Insurance Coverage for Employees of Political Subdivisions of the Labor Code, to the current budgeted allocation of $2.8 million, with fully insured excess coverage. The City's Liability and Employee Benefits Fund has an additional estimated $7.8 million. Due to our self - funded status, the City is unable to name other entities as additional insureds. Please feel free to contact me if you have any questions regarding this information. I can be reached at 361- 826 -3739. Sincerely, c9(te/VVitilfrk, Donna James - Spruce Safety & Risk Manager DJS /vlt 12 CITY COUNCIL AGENDA MEMORANDUM Council Action Date: Mav 13, 2008 AGENDA ITEM: Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract and a Utility Easement with the owner Calvary Chapel of the Coastlands in the total amount of $65,500, for fee simple property rights to a 0.383 acre tract of land known as Parcel 11A and for a 0.095 acre Utility Easement known as Parcel 11B, plus $1,500 in estimated closing costs; all out of Lot 2, Block 1, Brandywine South Unit 1, located on Rodd Field Road, south of Saratoga Boulevard; necessary for the Master Channel 27 Drainage Improvement Project ( #2263) and for other municipal purposes. ISSUE: The Master Channel 27 Drainage Improvement Project consists of 2.05 miles of channel excavation and construction which is designed to reduce flooding in the adjoining areas affected by present and future development. The proposed channel originates at Cimarron Boulevard and continues eastward into the Cayo Del Oso as shown on Exhibit B. To date, City staff has negotiated and acquired 25 of the 30 parcels needed and is presently concluding acquisition for the Lateral "A" portion of the project. Parcels 11A and 11B have been negotiated with the landowner, Calvary Chapel of the Coastlands. They have executed a Real Estate Sales Contract (Parcel 11A) in the amount of $65,000 and a Utility Easement instrument (Parcel 11B) in the amount of $500. Estimated closing costs in the amount of $1,500 are also needed for a total expenditure of $67,000. Three other parcels remain to be acquired for Lateral "A" after City Council approval of the subject Parcels 11A and 11B. City Council approval is required for expenditures in acquisition of real property rights exceeding $50,000. FUNDING: Stormwater funds, $67,000 out of 550701 -4525- 00000 - 170578. RECOMMENDATION: Approval of the motion as presented. a05/01t Attachments: Exhibit A. Exhibit B. Exhibit C. Exhibit D. Kevin Stowers Interim Director of Engineering Services Background Information Council Exhibit (Route Map) Council Exhibit (Parcel 11A, 11B) Real Estate Sales Contract Summary H:IHOMEIEUSEBIOGIGEMAgenda Items\Master Channel 27.Calvary Church.RESC.UEIAgenda Memorandum.Calvary Chapel.doc BACKGROUND INFORMATION SUBJECT: Master Channel 27 Drainage Improvements ( #2263) Acquisition of Parcels 11A,11 B (Calvary Chapel of the Coastlands) PROJECT BACKGROUND: The Master Channel 27 Drainage Improvements Project will be constructed to help reduce flooding of the Mary Carroll Channel and Master Channel 31 drainage systems in their conveyance of storm water runoff. This new channel is designed to help reduce flooding in the adjoining areas. This project will consist of an earthen open channel with reinforced concrete box culverts at road crossings. The length of the channel will be approximately 2.05 miles beginning at Cimarron Boulevard and ending at the Cayo Del Oso. A total of 30 parcels consisting of drainage right -of -way and drainage /utility easements are necessary for this project as shown on the attached Exhibit B. Twenty -five (25) parcels have been acquired to date, excluding Parcels 11A and 11B. Three more parcels remain to be acquired for the Lateral A portion of the channel, pending conclusion of negotiations within the next two weeks. PARCEL DESCRIPTION; Parcels 11A and 11B are necessary for the construction of Lateral A as shown on the attached Exhibit C. Parcel 11A, containing 0.383 acres, will be needed for construction of the open channel and its turning point in a northwesterly direction. Parcel 11B, containing 0.095 acres, will be utilized as a Utility Easement for City utilities. The subject parent tract is currently platted and zoned "B -4" or General Business District. PARCEL NEGOTIATIONS; City staff began negotiations with receipt of an appraisal for both parcels in the total amount of $60,900. The appraised value was received from American Appraisers, Inc. based on $3.25 per square foot for the platted, commercial land. The City's offer was initially rejected and countered by the landowners. After extended negotiations, an agreed administrative settlement of $65,500 in lieu of condemnation was finally agreed upon by the parties. It is in the best interest of the City to accept this amount to avoid any delays in the construction schedule of Lateral A. An additional $1,500 in estimated closing costs will be paid by the City, for a total expended amount of $67,000. At the request of the landowners, the real estate sales contract and utility easement will be escrowed at Stewart Title Company of Corpus Christi. PRIOR COUNCIL ACTION: 1. January 24, 2006 - Ordinance amending the 1961 Master Plan for storm drainage for the area south and west of the City of Corpus Christi, Texas to extend Master Channel 27 from Airline Road west to Cimarron Boulevard and reconfigure Master Channel 27 drainage basin; and providing for publication. (Ord. No. 026634). 2. January 23, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract and a Temporary Construction Easement with the owners Charles Scott Mandel and wife, Thelma Mandel for a total expenditure of $156,718 which includes $130,900 for fee simple property rights to 3.74 acres of land, $2,100 in EXHIBIT A closing costs, and $23,718 for a 4.77 acre temporary construction easement and related fencing; all out of Lots 17 and 18, Section 20, Flour Bluff and Encinal Farm and Garden Tracts, located on Cimarron Boulevard midway between Saratoga and Yorktown Boulevard; necessary for the Master Channel 27 Drainage Improvement Project ( #2263) and for other municipal purposes. (Motion No. M2007 -023) 3. March 27, 2007 - Motion waiving an irregularity and authorizing the City Manager or his designee to execute a Construction Contract with Ramos Industries, Inc. of Pasadena, Texas in the amount of $10,356,062.70 for the Master Channel 27 Improvement projects for the Base Bid and Additive Alternates No. 1, 3, and 4. (Motion No. 2007- 087) 4. May 15, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract with Gloria Diane Oliver Meerdink in the amount of $25,000 for fee simple property rights to 9.843 acres of land, plus $900 in closing costs; all out of Lots 20 and 21, Section 26, Flour Bluff and Encinal Farm and Garden Tracts, located off of Brooke Road and County Road 7B; necessary for the Master Channel 27 Drainage Improvement Project ( #2263). (Motion No. M2007 -125) 5. May 29, 2007 - Motion authorizing the City Manager, or his designee, to execute a Construction Management Services Contract with Anderson Group Construction Management Company of Corpus Christi, Texas in the amount of $199,350.00 for the Master Channel 27 Drainage Project. (Motion No. M2007 -142) 6. August 21, 2007 - Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master Channel 27 Drainage Project, on five tracts of land known as Parcels 5A,5B,6A,6B, and 6C; and for a related Drainage and Utility Easement known as Parcel 5C; together with two related Temporary Construction Easements; all out of Lots 22, 23, and 24, Section 20, Flour Bluff & Encinal Farm & Garden Tracts; from the owners, Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee; for the public purpose and use as a storm water drainage channel and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of the City's power of eminent domain. (Resolution No. 0273374) 7. September 18, 2007 - Motion authorizing the City Manager or his designee to execute a Real Estate Sales Contract, Drainage & Utility Easement, and Temporary Construction Easement with Diaz Capital Partnership Ltd. and Nabil Emilady, Trustee in the amount of $175,000 plus $2,500 in closing costs for Parcels 5A, 5B, 5C, 6A, 6B, and 6C, all out of Lots 22, 23, and 24, Section 20, Flour Bluff & Encinal Farm & Garden Tracts located on Brooke Road between Airline Road and Rodd Field Road, necessary for the Master Channel 27 Drainage Improvement Project ( #2263). (Motion No. M2007- 246) 8. October 9, 2007 - Resolution determining a public necessityto acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master Channel 27 Drainage Project, on a tract of land known as Parcel 16; and for a related Inundation and Drainage Easement known as Parce116A; both out of Lot 21, Section 26, Flour Bluff & Encinal Farm & Garden Tracts; from the owners, William C. Oliver, Virginia Oliver Bettiga, Patricia L. Oliver Delong, and Bessie J. Oliver, Individually and as Community Survivor for the Estate of Charles D. Oliver, Jr., for the public purpose and use as a storm water drainage channel and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject EXHIBIT A parcels by means of the City's power of eminent domain. (Resolution No. 027439) 9. March 25 , 2008 - Resolution determining a public necessity to acquire fee simple title to the surface estate only for a storm water drainage project, known as the Master Channel 27 Drainage Project ( #2263), Lateral 'A', on five remaining tracts of land known as Parcels 10, 11a, and 12a ; and related Utility Easements known as Parcels 11 b and 12b; for the public purpose and use as a storm water drainage channel and for other related drainage purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain. (Resolution No. 027614) PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $50,000 and, 2. Authorize the payment of any Special Commissioners Award for the condemnation of any parcels whose cost is in excess of $50,000. H:IHOMEIEUSEBIOG \GENAgenda Items1Master Channel 27.Calvary Church .RESC.UElBackground.Calvary Chapel.doc EXHIBIT A File : \ Mproject \councilexhibits\exh2263ccr.dwg LOCATION MAP NOT TO SCALE PARCEL LOCATION N CITY PROJECT No. 2263 VICINITY MAP NOT TO SCALE EXHIBIT C MASTER CHANNEL 27 DRAINAGE IMPS. PARCELS 11A & 11B CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: l of 1 DATE: 04 -29 -2008 NNW =IS Real Estate Sales Contract Summary This Contract is entered into by Calvary Chapel of the Coastlands, a Texas Non - profit Corporation, of 3001 Rodd Field Rd., Corpus Christi, Nueces County, Texas 78414 ( "Seller ") and the City of Corpus Christi, a Texas home rule municipal corporation, P.O. Box 9277, Corpus Christi, Nueces County, Texas 78469 -9277 ( "Buyer"). Terms: 1. Seller for the consideration and under the terms set out in the contract, agrees to convey to Buyer the following described property: A tract of land containing 0.383 acres of land out of Brandywine South Unit 1, Block 1, Lot 2, a map of which Is recorded n Volume 57, page 36 of the Map Records of Nueces County, Texas. 2. Purchase Price — Parcel 11A (Fee simple), $65,000 cash. 3. Seller to provide title insurance at Buyer's expense. 4. Seller will deliver, at Buyer's expense, a good and sufficient Special Warranty Deed. 5. All taxes to be paid by Seller, up to and including 2007. Taxes for 2008 will be prorated to the date of closing and paid for by Seller. 6. Buyer agrees to deposit $500 Earnest Money at the Title Company (Stewart Title Company of Corpus Christi), which Seller may keep as liquidated damages should Buyer fail to consummate contract as specified, or Seller may seek to enforce specific performance of contract. 7. Buyer accepts title subject to all outstanding restrictive covenants, use restrictions and zoning and regulatory ordinances. 8. Transaction to be closed on or before 90 days from the date of the contract. Seller acknowledges that Seller has read the agreement, and it is not binding until approved by the City Council and signed by the City Manager or his designee within 30 days of the contract date. 9. The contract will survive the closing of the sale and delivery of the Special Warranty Deed and other conveyance documents. 10. Acquisition is under the threat of eminent domain proceedings. 11. Time is of the essence in closing this transaction. EXHIBIT D DEPARTMENT OF ENGINEERING SERVICES PROPERTY AND LAND ACQUISITION DIVISION Master Channel 27 Drainage Imp. #2263 Parcel 1 1B Utility Easement THE STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF NUECES THAT, Calvary Chapel of the Coastlands, a Texas Nonprofit Corporation ( "Grantor "), of 3001 Rodd Field Rd, Corpus Christi, Nueces County, Texas, 78414, in consideration of $10.00 (TEN DOLLARS), and other good and valuable consideration, paid by the City of Corpus Christi, ( "Grantee ") of 1201 Leopard Street, Corpus Christi, Nueces County, Texas 78401, the receipt of which is hereby acknowledged, has conveyed, and does convey to the City of Corpus Christi, a Texas Home Rule municipal corporation, its successors and legal representatives, the free and uninterrupted use, liberty, privilege, and easement of going in, on over, under and along a certain tract of land situated in Nueces County, Texas and being described as follows: See the metes and bounds property description for the Utility Easement attached and incorporated as "Exhibit A ". (Premises) A map showing the location of the UTILITY EASEMENT is attached and incorporated as "Exhibit B ". See Parcel 11B SPECIAL PROVISIONS: The City of Corpus Christi agrees to restore the land within the easement area to the same condition as existed prior to construction. All construction is to be done in a prudent and workmanlike manner. See Utility Easement Additions, attached and incorporated herein by reference. Together with the free ingress, egress and regress to and for the City of Corpus Christi, Texas, and its franchisees to construct, service, repair, maintain, inspect, lay, operate and keep public utility lines under, on and along said easement. TO HAVE AND TO HOLD, ALL AND SINGULAR, the rights and privileges aforesaid to the City of Corpus Christi, Texas, its successors, legal representatives, and franchisees for the use as a UTILITY EASEMENT and right -of -way for so long as used for such purpose, and ifthe use of said easement and right of way is ever abandoned, then the aforesaid rights and privileges cease. Grantor Calvary Chapel of the Coastlands, a Texas Nonprofit Corporation Cj;) Roger D. Carver, President H:IHOMELNormaR\PROJ1ECT\02263 Master Channel 27 DrainagelParcel 11BIUtility Easement.doc Nor 1 nfi THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on gj 4 A44 by Roger D. Carver, President, of Calvary Chapel of the oastlands, a Texas Nonprofit Corporation. LORI A. ZACHER MY COMMISSION EXPIRES March 6, 2011 [Seal] ACCEPTED for the City of Corpus Christi, a municipal corporation and bo . politic under the laws of the State of Texas, on 08. Notary Public in . d or the State of Texas , 2008 Grantee CITY OF CORPUS ' STI, TEXAS P. O. : • x 9277 City Hall, 1201 L IS pard, THIRD FLOOR Department s f Engineering Services PROPERTY AND AND ACQUISITION DIVISION Corp Christi, Texas 78469 -9277 Kevin Stowers, Interim Director Department of the Engineering Services THE STATE OF/TEXAS § COUNTY OF NUECES § This inst - nt was acknowledged before me on , 2008 by Ke towers as Interim Director of Engineering Services of the City of Corpus Christi, a Texas munic. • al corporation, on behalf of said corporation. Notary Public in and for the State of Texas [Seal] H:IHOME\NormaR\PROJECTW2263 Master Channel 27 Drainage\Parcel 11 BWtility Easement.doc Now, of THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2048 by Roger D. Carver, President, of Calvary Chapel of the Coastlands, a Texas Nonprofit Corporation. Notary Public in and for the State of Texas [Seal] ACCEPTED for the City of Corpus Christi, a municipal corporation and body politic under the laws of the State of Texas on , 2008. Grantee CITY OF CORPUS CHRISTI, TEXAS George K. Noe City Manager THE STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on , 2008 by George K. Noe as City Manager of the City of Corpus Christi, a Texas municipal corporation, on behalf of said corporation. [Seal] Notary Public in and for the State of Texas ATTEST: ARMANDO CHAPA, CITY SECRETARY HAHOMEINormaR\PROJECTV12263 Master Channel 27 DrainagelParcel 1 lB \Utility Easement.doc APPROVED AS TO LEGAL FORM, THIS 2008. DAY OF FOR THE CITY ATTORNEY By: Veronica Ocafias, Assistant City Attorney CITY LEGAL DEPARTMENT H :\HOMENNarmaRR\PROJECTI#2263 Master Channel 27 Drainage\Parcel 11B1Utility Easement.doc Nap A al UTILITY EASEMENT ADDITIONS 1. Reservations From and Exceptions to Conveyance and Warranty. The following reservations from and exceptions to conveyance and warranty will apply to the easement: (1) Exceptions: Easements, rights -of -way and prescriptive rights, whether of record or not; the rights of the owners of the mineral estate in the Easement Property, all presently recorded and valid instruments, other than surface estate encumbrances and conveyances, that affect the Easement Property, all laws, ordinances, rules, and regulations applicable to the Easement Purpose or the Easement Property, and any conditions that would be revealed from a physical inspection of the Easement Property by a surveyor with actual notice of the Easement Purpose. (2) Reservations: (A) Use for Non - interfering Purposes. Grantor reserves for Grantor and Grantor's successors and assigns the right to continue to use and enjoy the surface and subsurface of the Easement Property for all purposes which do not interfere with or interrupt the use or enjoyment of the easement, including but not limited to, upon written notice to and consent of the Grantee, the City of Corpus Christi, the right, to build upon and use the surface of the easement area for private streets, walks, gardens, planting, or parking areas, and other like uses that do not interfere or interrupt the Grantee's use or enjoyment of the easement, and, upon written consent of the Grantee, the City of Corpus Christi, the right to dedicate all or any part of the surface of the subsurface easement area for a public use as a street, road, or alley, subject to this easement. Grantor shall not: (a) construct or maintain any building on the tracts; or (b) impair or interfere with the present or prospective exercise of any rights granted to Grantee under this easement. (B) Non - exclusive Easement. Grantor reserves for Grantor and Grantor's heirs, successors, and assigns the right to convey rights and easements to others for all purposes which do not interfere with or interrupt the use or enjoyment of the easement. 4. Restoration. After work, Grantee covenants and agrees to restore the surface to its original condition, including but not limited to covering with good soil for growth of vegetation, sodding and seeding for new grass cover. 5. Removal of Obstructions. Grantee may remove all obstructions that may injure, endanger, or interfere with the Grantee's rights herein. 6. Indemnity by Grantee. To the extent permitted by the laws and the Constitution of the State of Texas, Grantee shall indemnify Grantor against any liabilities, claims, demands, or damages, to the extent such loss or damage is caused by any wrongful or negligent act or omission of Grantee, its agents, or employees in the course of their exercise of rights granted by this instrument. 041808 U E Additions - Calvary Church STATE OF TEXAS COUNTY OF NUECES PARCEL 11B 15' UTILITY EASEMENT 11/20/06 Page 1 of 2 Rev. 12/07/2006 Rev. 01/09/2007 BEING A 0.095 ACRE (4,125 S.F.) TRACT OF LAND OUT OF BRANDYWINE SOUTH UNIT 1, BLOCK 1, LOT 2, A MAP OF WHICH IS RECORDED IN VOLUME 57, PAGE 36 OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID BRANDYWINE SOUTH, UNIT 1, BLOCK 1, LOT 2, BEING OUT OF LOT 8, SECTION 20, FLOUR BLUFF AND ENCINAL FARM AND GARDEN TRACTS, A MAP OF WHICH IS RECORDED IN VOLUME A, PAGES 41-43, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, SAID 0.095 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a point, for the southeast corner of this tract, same point being on the south boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, same line being the north boundary line of that certain remainder of 8.34 acre tract of land as recorded in Volume 1905, Page 397, of the Deed of Trust Records of Nueces County, Texas, from which a 5/8 inch iron rod, found, on the west right -of -way line of that certain 120 feet wide dedicated roadway known as Rodd Field Road, same point being the southeast corner of said Brandywine South, Unit 1, Block 1, Lot 2, same point being on the north line of that certain 0.690 acre tract of land described in Volume 2337, Page 334 of the Deed Records of Nueces County, Texas, bears South 61°19'29" East a distance of 440.00 feet; THENCE, North 61°19'2V West (Record = North 60 °55'30" West), with the south boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, same line being the north boundary line of the remainder of said 8.34 acre tract of land, a distance of 15.00 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER ", for the southwest corner of this tract, from which a PK Nail, set, for the northwest corner of the remainder of said 8.34 acre tract of land, bears North 61°19'29" West, a distance of 115.00 feet; THENCE, North 28 °38'05" East, leaving the south boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, a distance of 115.00 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER ", for an interior corner of this tract; THENCE, North 61°19'29" West, a distance of 145.00 feet, to a 5/8 inch iron rod, set, with a plastic cap stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER ", for a corner of this tract, same point being on the west boundary line of said oADrII 1 I A initials iLJf 11/20/06 Page 2 of 2 Rev. 12/07/2006 Rev. 01/09/2007 Brandywine South, Unit 1, Block 1, Lot 2, same line being the east boundary line of that certain 16.81 1 acre tract of land as recorded in Document No. 2006031089, of the Official Public Records of Nueces County, Texas; THENCE, North 28 °38'05" East (Record = North 29 °04'30" East), with the west boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, a distance of 15.00 feet to a point, for the northwest comer of this tract; THENCE, South 61°19'29" East, leaving the west boundary line of said Brandywine South, Unit 1, Block 1, Lot 2, a distance of 160.00 feet, to a point, for the northeast corner of this tract; THENCE, South 28 °38'05" West, a distance of 130.00 feet, to the POINT OF BEGINNING of the herein described tract of land, said tract contains 0.095 acres, more or less, within these metes and bounds. Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced to the monumented west right-of-way line of Rodd Field Road. Subject tract described herein is proposed as a 15' Utility Easement. A survey plat of even date was prepared and is made a part of this metes and bounds description. All references to record data (Record = * * *) indicate information as cited in Volume 57, Page 36, of the Map Records of Nueces County, Texas, Maverick Engineering, Inc. obar, R.P.L.S. 5630 Revisgdd -,L Rember 07, 2006 -- Revised Adjoiner sY ` de tiled - January 09, 2007 — Revised Adjoiner �, �•, �1.� .ice ^'+' t /,r �� PARCEL. 11 B- rev.doc No Monument Found or Set w N 61'19'29' W 4., W I 745.00' ll 0 o I 5 c„0, oo p Id I Parcel 11A R 43 ii CO N n +- PK Nail Set 1 N 61'1923 W 115.00' 3.754 Acres out of Lots 8, Sec. 20 1 Brandywine South i Unit 1 Block 1, Lot 1 Vol. 57, Pg` .116, M.R.N.C.T, 11 10' Utility Easement (Vol. 5Z Pg. 36. M. R. N. C. T. ) I50' Temp. Cons!. Easement f ' S 6119'29' E 160.00' Brandywine South Unit 1 Block 1, Lot 2 Vol. 57, Pg. 36, M.R.N.C.T, (Record Owner: Calvary Chapel of the Coostlonds) Parcel 11.B 0.095 AC., 4,1 5 S.F. No Monument Found or Set 15' Utility Easement The Vineyards i Unit 2 I (Record = N 60'55'30" NO Vol. 62, Pg. 76, M.R.N.C,T. 0 1 N*-. in No Monument Found or Set N 61'19'29" W 15.00' P.0.6. 50' Temp. Const. Easement eA/10' Utility Easement 0!. 57, 1p. 36, A4 R.N.0 T.) 5 61'1929" (-440.00' 1 D & E Development Corporation Remainder of 8.34 Acres out of Lots 9 & 10, Sec. 20 F.B. & E.F. & G.T. Vol. 1905, Pg. J97, 0 T.R. N. C T. Vol. 2337, Pg. 334, D.R.N.C.T. NOTES: 1. Bearings are based on the Texas Coordinate System of 1983 (South Zone) and referenced to the monumented west right --of -way line of Rodd Field Road. 2. Area = 0.095 Acres (4,125 S.F.) 3. Temporary Construction Easement Area = 0.827 Acres (36,002 S.F.) 4. 5/8 inch iron rod set with a plastic cop stamped "MAVERICK ENGR. VICTORIA, TX, BOUNDARY MARKER" at all property corners, unless noted otherwise. 5. All references to record data (Record = * *) indicate information os cited in Vol. 57, Pg. 36, M.R.N.C.T. 6. Subject tract shown hereon is proposed as a 15' Utility Easement. i, Miguel A. Escobar, hereby certify that the foregoing map was prepared from a survey, mode on the ground, under my direction and that it is true and correct. Maverick Engineer;r i.ylAc,'' � "` ` ' •7 Migue(A. Escobar:-.:AP.L.S :.5630 Revised Decerrib>ibr`7,"fc5T 3 : Addk .'T0r 4reos Revised January 9,, 2.007/..'• -'= djoingr Information ' • s'. . 1110 60.0' I 0 & E Development Corporation 0.690 Acres out of Lots 9, Sec. 20 1F.B. & E.F. & G.T. Vol. 2337, Pg. 334, 0. R. N. C. T. AC. Total Tract 12.305 Acquired 11A 0.383 118 0.095 Remainder 11.827 S0. FT 536,006 16,675 4,125 515,206 5/8" iron Rod round Parcel 11B .15' UTILITY EASEMENT MAP TO ACCOMPANY METES & BOUNDS DESCRIPTION: Being a 0.095 acre (4,125 S.F.) tract of land out of Brandywine South, Unit 1, Black 1, Lot 2, a mop of which is recorded in Vol. 57, Pg. 36 of the Mop Records of Nueces County Texas, said Brandywine South, Unit 1, Block 1, Lot 2 being out of Lot 8, Sec. 20, Flour Bluff and Encino! Farm and Garden Tracts, a map of which is recorded in Volume A, Pages 41-43, of the Map Records of Nueces County, Texas. Project/ 0527 -510 Dote: November 20, 2006 MAVERICK ENGINEERING, INC. TEL: 361 289 1385 FAX: 361 289 0712 P.O. BOX 9094 CORPUS CHRISTI. TEXAS 78469 X 1 IT 13 AGENDA MEMORANDUM May 13, 2008 AGENDA ITEM: a. Motion approving the Distribution Main Extension Construction and Reimbursement Agreement submitted by AEP Central Texas Company, owner and developer of Cabaniss Acres No. 2, Lot 4 located south of Holly Road and west of Ayers Street for the installation of 405 linear feet of 8 -inch PVC water distribution main; and b. Ordinance appropriating $28,218.75 from the No. 4030 Water Distribution Main Trust Fund to reimburse AEP Central Texas Company for the installation of 405 linear feet of 8 -inch PVC water distribution main for development of Cabaniss Acres No. 2, Lot 4, as specified in the Distribution Main Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: AEP Central Texas Company, owner and developer of Cabaniss Acres No. 2, Lot 4, will start the installation of 405 linear feet of 8 -inch PVC water distribution main, once the City Council approves the Distribution Main Extension Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Water Distribution Main Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. Ultak f' 'i Bob Nix Assistant City Manager of Development Services e/it Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Schematic Proposed 8" Waterline Application for Waterline Reimbursement Cost Estimate Distribution Main Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The plat for Cabaniss Acres No. 2, Lot 4 was approved by the Planning Commission on October 17, 2007 A condition of platting Cabaniss Acres No. 2, Lot 4 (Exhibit B) required the extension of 405 linear feet of off -site 8 -inch PVC water distribution main. The off -site 8 -inch water distribution main will begin near the northwest corner of Cabaniss Acres No. 2, Lot4 and extend north parallel to the State Highway 286 east right -of -way line for approximately 405 linear feet where it will connect to an existing 8 -inch PVC water distribution main. (Exhibit C). Additionally, the developer is providing a looped water line system by extending a 12 -inch water main across the project site that will connect the existing 8 -inch water distribution main in Ayers Street to the proposed 8 -inch water distribution main in State Highway 286. The off -site portion of the 8 -inch PVC water distribution main is eligible for reimbursement in accordance with Section V.B.5.f.) (2) Distribution Main Extensions of the Platting Ordinance. The total cost submitted by the developer for the installation of 405 linear feet, off-site 8 -inch water distribution main is $28,218.75 (Exhibit E). Provisions of the Platting Ordinance allow reimbursement of the cost incurred by the developer to construct a water distribution main. The water distribution main extension is 405 linear feet, less than the maximum extension, which is one half mile (2,640 linear feet). The Fee Value (Water Acreage Fee) is $19,471.08, which is greater than 50 percent of the total installation cost of the off -site water distribution main; therefore, the developer may receive reimbursement for the installation cost of the portion of the 8 -inch water distribution main up to the maximum extension Reimbursement. The Platting Ordinance Section V.B.5. f) (2) (ii) states that if the developer costs for installation of such distribution main are greater than the lotlacreage fee, the developer shall be reimbursed (less any lot/acreage fee credits) from funds available in the Distribution Mains Trust Fund for that portion of the distribution main installed by the developer up to the maximum extension criteria. The total reimbursement owed to the developer for the installation of the water distribution main is: $28,218.75. The developer executed a Distribution Main Extension Construction and Reimbursement Agreement (Exhibit F) in compliance with provisions of the Platting Ordinance. The Application for Waterline Reimbursement and supporting cost documentation are attached (see Exhibits D and E) Reimbursement is payable upon completion and acceptance of the water distribution main work with the actual reimbursement to be determined based on the actual construction cost, not to exceed $28,218.75. Exhibit A Page 1 of 1 1 GRAPHIC SCALE 2000 1000 0 2000 Encinos Pork otsford Pork 1 44 LOCATION MAP NUECES COUNTY, TEXAS Crestmort Pork Exhibit B Page 1 of 1 AMERICAN' ELECTRIC POWER LOCATION MAP CABANISS ACRES NO. 2, LOT 4 WATER SYSTEM IMPROVEMENTS CORPUS ST. & ONSITEE LOOP CORPUS CHRIS I SERVICE CENTER Engineering & Surveying MI UM ai. • WA &MK nxu WM • uo-an -nn F:\ 107050 \EXHISfT5 \City Council Agenda—Location ltap.drg EXISTING 8" WATER UNE FREDERICK DRIVE EXISTING FIRE HYDRANT J EXISTING 4" WATER LINE 4511 TIE NEW r WATER AMIMI TO EXISTING r RAID' IANM 'INSTALL FOR CNLORU1ATION- I-1" DATE VALVE W/ BOX 1 -1ro IND. M.J. 5LTOfrPVC 1 -1/5 BEMID, kJ. Proposed 405 Linear Feet Off-SIte 8 -inch Water Line 20' UTILITY EASEMENT " 1 SFSCALE: 111 = 200' ALE: i1 NEW WORM 6 FIRE HYDRANT ~"-- -- EXISTING 8" WATER LINE PI#GPOSED TIE —IN Or TAPPING SLEEVE) 1 EXISTING IFIRE HYDRANT NEW HY RAT 8" VALVE & PLUG NOTE; 1. PVC WATER PIPE TO BE CLASS 150, OR 18 AWWA C-900. IMR POWER OFFSITE WATER CONSTRUCTION CABANISS ACRES NO. 2, LOT 4 WATER SYSTEM IMPROVEMENTS AYERS ST. & ONSITE LOOP CORPUS CBRmSTI SERVICE CENTER Exhibit C awmumePage ac of 1 Engineering & Surveying 1411 WIC M. • • I* MOO, low 1** • 1111-41i-nil F : \1070K\EAHIBITS \City Council Agenda - Location 1Aap.dwg APPLICATION FOR WATERLINE REIMBURSEMENT ir'6, J. /9. Jf�S/i�vs yip i /i/>-I e:evz.«l" i, cf,•0,12 4.2 Ar --/`' 6e4-j �i --/ CC:., owner and developer of proposed /, ?•Y; J' gG.ZJ Nc C../ 4/ Subdivision, hereby request reimbursement of $ ,?;F /f; 75` for the installation of the water (distribution main) (aneriaitransmissiettorgrid in conjunction with %rte AmviJ AvzefA,L2 / f V Subdivision, as provided for by City Ordinance No. 17092. Said $ ,3Z /l 7 3_ is the construction cost, including 7.5% Engineering, in excess of the lot/acreage fee, as shown by the coat supporting documents attached herewith. 6-'4/11,09 /Zbi-2 ./.% 4' (/ (Developer) THE STATE OF 0/ //' )( COUNTY OF if"[1'J)( 3/, ) /4F (Date) This instrument was acknowledged before me on Jnig ' / /? , 2021, by if yd //464L.l i,=, r 941// /e•z.uf(,,N ,i' Y • a J i;'rn .„ -' a Texas Corporation, on behalf of the said corporation. I , LISAZ*A Ir) Nay lau6iic, Sled Ohio jrCommlaaign Expiraa1•192Gil°tarY Pub The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of funds in the (Distribution Main) Tryst Fund, and - (b) appropriation and approval by the City ouncii. It <�L� vim. \/, Development Services Engineer Cabaniss Acres No. 2 Lot 4 Water System improvements Bid Item Description Unit Qty Unit Bid Totals 1A Water Line 1 8" PVC Pipe, Class 150, DR 18 2 8" 45 Bend,DI 3 Fire Hydrant Assembly 4 Water Tie -In 5 Traffic Control 7 Engineering Fees(7.5 %) 405 LF 35.00 1 EA 425.00 2 EA $ 3,700.00 1 EA $ 2,750.00 1 LS $ 1,500.00 EA -r- 1,968.75 $ 14,175.00 $ 425.00 $ 7,400.00 $ 2,750.00 $ 1,500 00 $ 1,968.75 $ 28,218.75 Exhibit E DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Distribution Main Extension Construction and Reimbursement Agreement Agreement ("Agreement") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and AEP Texas Central Company, 539 N. Carancahua Street, Corpus Christi, Texas 78478 ( "Developer "). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 15.38 acres called Cabaniss Acres, No. 2, Lot 4 located south of Holly Road and west of Ayers Street, as shown in the attached Exhibit 1; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements under City approved construction plans and specifications; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of an 8 -inch PVC distribution main extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a distribution main extension; WHEREAS, it is essential that the 8 -inch PVC distribution main extension be constructed in connection with the development for service to be provided upon completion of the development; and WHEREAS, it is in the interest of the City and the Developer for the 8 -inch PVC distribution main extension to be constructed in connection with Cabaniss Acres No. 2, Lot 4 for it will provide future service connections to the north and south; NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 8 -inch PVC distribution main extension needed for Cabaniss Acres, No. 2, Lot 4 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. Page1 of 6 Cabaniss Acres Water Distribution Main Extension Constr and Reimb Agreement -- RJR 04182008.doc Exhibit F 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 8 -inch PVC distribution main extension, as shown in Exhibit 2, with the following basic design: 1. Install 405 linear feet of 8 -inch PVC distribution main extension. 2. Install 1 (one) 45° Bend, Ductile Iron. 3. Install 2 (two) Fire Hydrant Assemblies. 4. Install 1 (one) Water Tie -In. 5. Install Traffic Control During Construction. b. The off -site 8 -inch water distribution main must begin near the northwest corner of Cabaniss Acres No. 2, Lot 4 and extend north parallel to the State Highway 286 east right -of -way line for approximately 405 linear feet, where it will connect to an existing 8- inch PVC water distribution main previously installed by others. c. The plans and specifications must comply with City Standard Water Detail Sheets and Standard Specifications. d. Before the Developer begins construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 8 -inch PVC distribution main extension, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 8 -inch PVC distribution main extension. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract, and include within the contract that the 8 -inch PVC distribution main extension must be constructed, under the approved plans and specifications, and completed by May 31, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. Page 2 of 6 Cabaniss Acres Water Distribution Main Extension Constr and Reimb Agreement -- RJR 04152008.doc 7. DEFAULT. a. The following events must constitute default: 1. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. 2. Developer's professional engineer fails to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. 3. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. 4. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. 5. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before May 31, 2009. b. In the event of default, the City will have all its common law remedies in addition to the following: 1. Cancellation of this reimbursement Agreement without notice or cure. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and contracts with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000, and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be in the form and substance as attached to this Agreement. Page 3 of 6 Cabaniss Acres Water Distribution Main Extension Constr and Reimb Agreement -- RJR 04182008.doc 10. NOTICE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: AEP Texas Central Company 539 N. Carancahua Street Corpus Christi, Texas 78478 ATTN: Manager Real Estate Asset Management 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this Agreement, the City may give notice to Developer, at the address stated in subsection a of this section, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of performance to Developer. Developer shall pay to City the cost of performance within 30 days from the date Developer receives notice of the cost of performance. c. Notice required by the section must be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. In the alternative, in the event of Developer's failure to cure any breach after notice, the City may terminate this Agreement. d. The provision for notice and cure contained in this Agreement applies to a default under section 7 in this Agreement. 11. WARRANTY. Developer shall fully warranty the workmanship of and function of the 8 -inch PVC distribution main extension and the construction the sanitary sewer collection line for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 8 -inch PVC distribution main extension, not to exceed $28,218.75. See Cost Estimate attached to this Agreement as Exhibit 3. Page 4 of 6 Cabaniss Acres Water Distribution Main Extension Constr and Reimb Agreement -- RJR 04182008.doc b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 8 -inch PVC distribution main extension by the professional engineer hired by the Developer. c. The City further agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursements will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 8 -inch PVC distribution main extension construction. 14. This Agreement is a covenant running with the land, Cabaniss Acres, No. 2, Lot 4 in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 16. EFFECTIVE. This Agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of , 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa City Secretary By: George K. Noe City Manager Page 5 of 6 Cabaniss Acres Water Distribution Main Extension Constr and Reimb Agreement — RJR 04182008.doc APPROVED: day of , 2008 By: R. Jay Reining First Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas DEVELOPER: AEP Texas Central Company By: Roy + . Strawser Manager Real Estate Asset Management THE STATE OF Casts COUNTYOFF�- This instrument was acknowledged before me on 3 , 2008, by Roy A. Strawser, Manager, Real Estate Asset Managemen , AEP Texas Central Company, on behalf of the company. Not�r�i Public to of O LISAZINKA titarg Pubic, Stale of Ohio My *Iraklion f pie;IP. Page 6 of 6 Cabaniss Acres Water Distribution Main Extension Constr and Reimb Agreement — RJR 04182008.doc GRAPHIC SCALE 2000 1000 0 2000 • os Enolnos Park otsford Pork Crestmon Pork / LOCATION MAP NUECES COUNTY, TEXAS Exhibit 1 Page 1 of 1 AMERICAN* ELECTRIC POWER LOCATION MAP CABANISS ACRES NO. 2, LOT 4 WATER SYSTEM IMPROVEMENTS AYERS ST. & ONSITE LOOP CORPUS CHRISTI SERVICE CENTER CDS/Muffer SWIMS Engineering & Surveying UN NMI M. . IN mom ion MU • 21 - MI -ntt F: \107050 \EXHIBITS \City Councel Agenda- 1_oeotion IAop.dug EXISTING 8" WATER LINE FREDERICK DRIVE EXISTING FIRE HYDRANT EXISTING 4" WATER UNE TIE NEW S" WATER MANN 10 EXISTING r WATER I4AYN "INSTALL FM CHLORINATION" 1 -5" GATE VALVE W/ MX 1 -1/I SEND. M.J. 5 IF OF S" PVC 1 -1 /a SEND, M.J. Proposed 405 Linear Feet Off -Site 8 -inch Water Line 20' UTILITY EASEMENT I I SCALE: 1" = 200' i 1 NEW FIRE 11; NEW FIRE HYDRANT 11°S NEW t FIRE INDIM IT 4 8" VALVE & PLUG 6 y--- EXISTING 8" WATER LINE PAOPOSED TIE -IN (8" TAPPING SLEEVE) Fr1rt--1 EXISTING FIRE HYDRANT NEW FIRE HYDRANT A ECM 1. PVC WATER PIPE TO BE CLASS "50, DR 18 AWWA C-900. Exhibit 2 ELECTRIC POWER OFFSITE WATER CONSTRUCTION CABANISS ACRES NO. 2, LOT 4 WATER SYSTEM IMPROVEMENTS AYERS ST. & ONSITE LOOP CORPUS CHRISTI SERVICE CENTER mumPac Engineering & Surveying Itll MIN Oa • 1111 WOK TCI 1 11111 • 14MhflI F: \107050 \EXHIBRIS \Lily Counsel Agenda — Location iAlp.dwg Cabaniss Acres No. 2 Lot 4 Water System Improvements Bid Unit Item Description Qty , Unit Bid Totals 'IA Water Line 1 j8" PVC Pipe, Class 150, DR 18 405 LF $ 35.00 $ 14,175.00 2 8" 45 Bend,DI 1 EA $ 425.00 $ 425.00 3 Fire Hydrant Assembly 2 EA $ 3,700.00 $ 7,400.00 4 Water Tie -in 1 EA $ 2,750.00 $ 2,750.00 5 Traffic Control 1 LS $ 1,500.00 $ 1,500.00 7 Engineering Fees(7.5 %) 1 EA $ 1,968.75 $ 1,968.75 g.. .r� $ 28 218.75 _ I t I 1 Exhibit 3 -- i CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA ". FIRM NAME /(7 7r X xf ee?,47/1.4 STREET: 1) /a (fte_ze44, e 1le, ' CITY:62,rt f ?i2rJ f ZIP: i 1 c/?I . FIRM is: 1. Corporation 1" 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Consultant /0/r' CERTIFICATE I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: /�a7 d S�/ - 7)- -aJ-e2 Title: (Type or Print) Signature of Certifying Person: 7(144/4F1-(A- Date: ,/2,3/Pe Exhibit 4 Page 1 of 2 AN ORDINANCE APPROPRIATING $28,218.75 FROM THE NO. 4030 WATER DISTRIBUTION MAIN TRUST FUND TO REIMBURSE AEP TEXAS CENTRAL COMPANY FOR THE INSTALLATION OF 405 LINEAR FEET OF 8 -INCH PVC WATER DISTRIBUTION MAIN FOR DEVELOPMENT OF CABANISS ACRES NO. 2, LOT 4, AS SPECIFIED IN THE DISTRIBUTION MAIN EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $28,218.75 is appropriated from the No. 4030 Water Distribution Main Trust Fund to reimburse AEP Texas Central Company for the installation of 405 linear feet of 8 -inch PVC water distribution main, as specified in the Distribution Main Extension Construction and Reimbursement Agreement, for Cabaniss Acres No. 2, Lot 4, located near State Highway 286. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 13th of May, 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: May 5, 2008 By: ay'Reini first Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:ILEG -DI R1SharedWay \Agenda1200815- 1310RD- Approp- AEP -Caban issAcres- water.doc Page 2 of 2 Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I/we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:ILEG- DIRISharedlJaylAgend a1 200815- 131ORD- Approp- AEP- CabanissAcres- water.doc 14 AGENDA MEMORANDUM AGENDA ITEM: May 13, 2008 a. Motion approving the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement submitted by AEP Texas Central Company, owners and developers of Cabaniss Acres, No. 2, Lot 4 located south of Holly Road and west of Ayers Street for the installation of 1,359 linear feet of 12 -inch PVC sanitary sewer collection line; and b. Ordinance appropriating $93,913.07 from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse AEP Texas Central Company for the installation of 1,359 linear feet of 12 -inch PVC sanitary sewer collection line for development of Cabaniss Acres, No. 2, Lot 4 as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement; and declaring an emergency. ISSUE: AEP Texas Central Company, owners and developers of Cabaniss Acres, No. 2, Lot 4, will start the installation of an off -site 12 -inch PVC sanitary sewer collection line beginning at an existing manhole located approximately 1,200 feet north of Saratoga Boulevard and extending north approximately 1,359 linear feet along the east side of State Highway 286, once the City Council approves the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement and appropriates funds to pay for the installation from the Sanitary Sewer Collection Line Trust Fund in compliance with the Platting Ordinance. RECOMMENDATION: Staff recommends approval of the motion and ordinance as presented. \jen-z.k. Cl, Bob Nix, AIC ACM of Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Exhibit E Exhibit F Background Information Location Map Schematic of Wastewater Construction Application for Sewer Line Reimbursement Cost Estimate Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The development and platting of Cabaniss Acres, No. 2, Lot 4 (Exhibit B) requires the off -site extension of a 12 -inch sanitary sewer collection line. The off -site sanitary sewer collection line will begin at an existing manhole located approximately 1,200 feet north of Saratoga Boulevard and extend north approximately 1 ,359 linear feet along the east side of State Highway 286 (Exhibit C). The 12 -inch sanitary sewer collection line is required to provide sanitary sewer service to Cabaniss Acres, No. 2, Lot 4 and is eligible for reimbursement as a sanitary sewer collection line in accordance with the Platting Ordinance. The Cabaniss Acres, No. 2, Lot 4 plat was approved by Planning Commission on October 17, 2007. The developer submitted an application for sewer line reimbursement (Exhibit D) and a Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement (Exhibit F) with supporting documentation in compliance with provisions of the Platting Ordinance. In accordance with the reimbursement criteria in Section V.B.6.f)(2) of the Platting Ordinance, the developer of Cabaniss Acres, No. 2, Lot 4 is eligible for a maximum reimbursement equivalent to 50% of the mathematical product obtained by multiplying the off -site pipe diameter in inches by the fee value of the property to be platted. The acreage fee value is $21,255.16 and the average pipe diameter in inches is 12- inches. Therefore, the maximum reimbursement is ($21,255.16 x 12) x 50% = $127,530.96. The total construction cost (Exhibit E) submitted by the developer for the installation of 1,359 linear feet of 12 -inch sanitary sewer collection line is $93,913.07, which is less than the maximum reimbursement ($127,530.96) and therefore the reimbursement is determined based on the total construction cost. Reimbursement is payable upon completion and acceptance of the sanitary sewer collection line work, not to exceed $93,913.07. EXHIBIT A Exhibit B 1i • GRAPHIC SCALE 2000 1000 0 2000 h os Encinos Park otsford Pork k 7Lr�fRer x r4n PROJECT OCATION 357 T LOCATION MAP NUECES COUNTY, TEXAS Crestmon Pork / Page 1 of 1 ELECTRIC POWER LOCATION MAP CABANISS ACRES NO. 2. LOT 4 WATER SYSTEM IMPROVEMENTS AVERS ST. & ONSITE LOOP CORPUS CHRISTI SERVICE CENTER GDS /MJBRYSERVIC23S Engineering & Surveying Sill WC N. • SW MTh* TIM M!M • iti- Mt -u111 F: \107050 \IXHIBRS \City Courted Agenda — Location I4op.dwg FREDERICK DRIVE MANHOLE A -6 TOP -30.62 12" 1NV. OUT(S) =21.54 X MANHOLE A -4 TOP =31.55 12" INV. IN(N) =19.68 12" INV. OUT(S)= 19.68 MATCH LINE i I; 1 MATCH LINE f L� A 50' OF 11. PVC\ r MANHOLE A -3 TOP =30.25 12" INV. IN(N) =18.58 12" INV. OUT(S) = 18.58 L -- -20' UTILITY EASEIAENT MANHOLE A -2 TOP =30.64 12" INV. IN(N)= 17.48 12' INV. OUT(S)=17.48 MANHOLE A -1 TOP =30.58 12" INV. IN(N) =16.80 12' INV. OUT(S)=16.80 exlsran tee• e EXISTING MANHOLE TOP =30.49 NOTE; 1. CORE DRILL AND RECONSTRUCT BENCHES AT EXISTING MANHOLE TIE -IN. OTHER EXPOSED SURFACES TO BE JEFF- COATED PER STANDARD DETAILS. 2. SANITARY SEWER PIPE TO BE 12" PVC SDR 26, GREEN IN COLOR. AMERICAN' ELECTRIC POWER OFFSITE WASTEWATER CONSTRUCTION CABANISS ACRES NO. 2. LOT 4 WATER SYSTEM IMPROVEMENTS AYERS ST. & ONSITE LOOP CORPUS CHRISTI SERVICE CENTER CDS/Musu Engineering & Surveying 1111 1610C - . SAII M TLIN 11111 • m•ss1 -7f11 F: \I07050 \EXHIBITS \City Coar+tel Agenda — Location Mop.dwg Exhibit C APPLICATION FOR SEWERLINE REIMBURSEMENT /e > -„ ..I-t /�Z-%w' ti4i1 & ., owner and developer of proposed 69- ')/J/1/ s ( »c,W -2 A. 4 Subdivision, hereby request reimbursement of $ 93, 9/3,1)7 for the installation of the sanitary sewer �) (collection line) in. conjunction with et i, /9 eta! Al©. L` 4Z Subdivision, as provided for by City Ordinance No. 17396. Said $ 3, 9/3.07 is the cons♦ruction cost, including 7.5% Engineering, in excess of the lot/acreage fee, as shown by the cost supporting documents attached herewith. , .W Lv ,71,c,/- /441 e- r1-e/t_ ,/i7 /D ,J' (Developer) (Date) THE STATE OF Q/4/0 )( COUNTY OF &9NX4 ( This instrument was acknowledged before me on 77/7.0,3 a I.7 R ft ration, on behalf of said corporation. WAWA ' MOO OW Notary Fu 'c in and far My cowpoke i O141►ffi1 CATION , 20 by e State of o1,; The information submitted with this application for reimbursement has been reviewed and determined to be correct. Reimbursement is subject to: (a) sufficiency of fends in the calmakisine) (Collection Line) Trust Fund, and (b) appropriation and approval by the City Council. 'ti/liti,tt ghS /C"'. Develnpment=$ervices Engineer (Date) Exhibit D Page 1 of 1 Cabaniss Acres No. 2 Lot 4 Sanitary Sewer Main Extension Bid Unit Item ' Description Qty Unit Bid Totals 2A Sanitary Sewer Line 1 12" Gravity Sanitary Sewer Pipe (10' -14') 1,359 EA $ 37.00 $ 50,283.00 2 4' Diameter Fiberglass Sanitary Sewer Manhole 0' -6' 3 EA $ 4,000.00 $ 12,000.00 3 5' Diameter Fiberglass Sanitary Sewer Manhole 0' -6' 1 EA $ 7,500.00 $ 7,500.00 4 Extra Depth Sanitary Sewer Manhole, >6' 27.00 VF $ 200.00 $ 5,400.00 5 Manhole Tie -In 1 EA $ 5,383.00 $ 5,383.00 6 Trench Excavation Safety Protection 1,359 LF $ 5.00 $ 6,795.00 7 Engineering Fees (7.5 %) 1 EA $ 6,552.07 $ 6,552.07 . ,a 1 $ 93,913.07 - - -- - - -- Ell T 1-- T I Exhibit E rt 4 f SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement ("Agreement") is entered into between the City of Corpus Christi ( "City "), a Texas home -rule municipality, P.O. Box 9277, Corpus Christi, Texas, 78469 -9277, and AEP Texas Central Company, 539 N. Carancahua Street, Corpus Christi, Texas 78478 ( "Developer"). WHEREAS, Developer in compliance with the City Platting Ordinance, has filed a plat to develop a tract of land of approximately 15.38 acres called Cabaniss Acres, No. 2, Lot 4 located south of Holly Road and west of Ayers Street, as shown in the attached Exhibit 1; WHEREAS, Developer, will soon be commencing construction on infrastructure and related site improvements under City approved construction plans and specifications; WHEREAS, under the Platting Ordinance, the Developer is responsible for construction of a sanitary sewer collection line extension; WHEREAS, under the Platting Ordinance, the Developer is eligible for reimbursement of the Developer's costs for the construction of a sanitary sewer collection line extension; WHEREAS, it is essential that the sanitary sewer collection line extension be constructed in connection with the development for service to be provided upon completion of the development; WHEREAS, it is in the interest of the City and the Developer for the 12 -inch collection line to be constructed along with the Developer's project at this time; NOW, THEREFORE, for the consideration set forth in this Agreement, the City and Developer agree as follows: 1. REQUIRED CONSTRUCTION The Developer shall construct the 12 -inch PVC sanitary sewer collection line needed for Cabaniss Acres, No. 2, Lot 4 in compliance with the City's Platting Ordinance and under the plans and specifications approved by the Development Services Engineer. 2. PLANS AND SPECIFICATIONS a. The Developer shall contract with a professional engineer, acceptable to the City's Development Services Engineer, to prepare plans and specifications for the 12 -inch Page 1 of 6 Cabaniss Acres SS Collection Line Constr and Reimb Agreement -- RJR 04182008.doc Exhibit F PVC sanitary sewer collection line, as shown in Exhibit 2, with the following basic design: 1. Install 1,359 linear feet of 12 -inch PVC sanitary sewer collection line 2. Install 3 (three) 4 -foot diameter fiberglass manholes. 3. Install 1 (one) 5 -foot diameter fiberglass manhole. 4. Install Extra Depth for Sanitary Sewer Manhole > 6 -feet Deep. 5. Install 1 (one) Manhole Tie -In. 6. Install 1,359 linear feet of Trench Excavation Safety Protection. b. The sanitary sewer collection line must begin at an existing manhole located approximately 1,200 feet north of Saratoga Boulevard and extend north approximately 1,359 linear feet along the east side of State Highway 286. c. The plans and specifications must comply with City Standard Wastewater Detail Sheets and Standard Specifications. d. Before the Developer begins construction, the plans and specifications must be approved by the City's Development Services Engineer. 3. SITE IMPROVEMENTS Prior to construction of the 12 -inch sanitary sewer collection line, the Developer shall acquire and dedicate to the City the required utility easement or right -of -way for the installation of the 12 -inch sanitary sewer collection line. 4. PLATTING FEES. Developer shall pay to the City of Corpus Christi the required acreage fees and pro -rata fees as required by the Platting Ordinance. 5. DEVELOPER AWARD CONTRACT FOR IMPROVEMENTS. Developer shall award a contract, and include within the contract that the 12 -inch sanitary sewer collection line must be constructed, under the approved plans and specifications, and completed by May 31, 2009. 6. TIME IS OF THE ESSENCE. Time is of the essence in the performance of this contract. Page 2of6 Cabaniss Acres SS Collection Line Constr and Reimb Agreement -- RJR 04182408.doc 7. DEFAULT. a. The following events must constitute default: 1. Developer fails to engage a professional engineer for the preparation of plans and specifications for this project by the 10th calendar day after the date of approval by City Council. 2. Developer's professional engineer falls to submit the construction plans and specifications to the City's Director of Engineering Services by the 40th calendar day after the date of approval by City Council. 3. Developer fails to award a contract for the construction of the project, according to the approved plans and specifications, by the 70th calendar day after the date of approval by City Council. 4. Developer's contractor does not reasonably pursue construction of the project according to the approved plans and specifications. 5. Developer's contractor fails to complete construction of the project, according to the approved plans and specifications, on or before May 31, 2009. b. In the event of default, the City will have all its common law remedies in addition to the following: 1. Cancellation of this reimbursement Agreement without notice or cure. 2. Refusal to record plat(s) or issue any certificate of occupancy for any structure to be served by the project. 8. THIRD -PARTY BENEFICIARY. Developer's contracts with the professional engineer for the preparation of the plans and specifications for the construction of the project, contracts for testing services, and contracts with the contractor for the construction of the project must provide that the City is a third party beneficiary of each contract. 9. PERFORMANCE AND PAYMENT BONDS. Developer shall require its contractor for the construction of the project, before beginning the work, to execute to Developer and the City a performance bond if the contract is in excess of $100,000, and a payment bond if the contract is in excess of $25,000. The performance and payment bond must comply with Texas Government Code, Chapter 2253, and must be in the form and substance as attached to this Agreement. Page 3 of 6 Cabaniss Acres SS Collection Line Constr and Reimb Agreement -- RJR 04182008.doc 10. NOTICE. a. Any notice or other communication required or permitted to be given under this Agreement must be given to the other Party at the following address: 1. If to the Developer: AEP Texas Central Company 539 N. Carancahua Street Corpus Christi, Texas 78478 ATTN: Manager Real Estate Asset Management 2. If to the City: City of Corpus Christi 1201 Leopard Street (78401) P. O. Box 9277 Corpus Christi, Texas 78469 ATTN: Assistant City Manager Development Services b. Should Developer fail to perform any obligation or duty of this Agreement, the City may give notice to Developer, at the address stated in subsection a of this section, of the need to perform the obligation or duty, and should Developer fail to perform the required obligation or duty within 15 days of receipt of the notice, the City may perform the obligation or duty, charging the cost of performance to Developer. Developer shall pay to City the cost of performance within 30 days from the date Developer receives notice of the cost of performance. c. Notice required by the section must be by United States Postal Service, First Class Mail, Certified, Return Receipt Requested, postage prepaid; by a commercial delivery service that provides proof of delivery, delivery prepaid; or by personal delivery. in the alternative, in the event of Developer's failure to cure any breach after notice, the City may terminate this Agreement. d. The provision for notice and cure contained in this Agreement applies to a default under section 7 in this Agreement. 11. WARRANTY. Developer shall fully warranty the workmanship of and function of the 12 -inch sanitary sewer collection line and the construction the sanitary sewer collection line for a period of one year from and after the date of acceptance of the facilities by the City Engineer. 12. REIMBURSEMENT. a. The City will reimburse the Developer 100% of the cost of the 12 -inch sanitary sewer collection line, not to exceed $93,913.07. See Cost Estimate attached to this Agreement as Exhibit 3. Page 4 of 6 Cabaniss Acres SS Collection Line Constr and Reimb Agreement -- RJR 04182008.doc b. The City will reimburse the Developer for expenses incurred for the preparation of plans and specifications for the 12 -inch sanitary sewer collection line by the professional engineer hired by the Developer. c. The City further agrees to reimburse the Developer on a monthly basis and upon invoicing for work performed. Reimbursements will be made no later than 30 -days from the date of the invoice. Developer shall submit all required performance bonds and proof of required insurance under applicable laws. The City agrees to conduct periodic inspections and approve the progress of the work at key points during construction. 13. INDEMNIFICATION. Developer shall indemnify and hold harmless the City, its agents, officers, and employees from all suits, actions, or claims and from all liability for any and all injuries or damages sustained by any person, including without limitation workers compensation, personal injury or death, arising from or incident to this 12 -inch sanitary sewer collection line construction. 14. This Agreement is a covenant running with the land, Cabaniss Acres, No. 2, Lot 4 in Nueces County, Texas, and must be recorded in the Official Public Records of Nueces County, Texas. 15. DISCLOSURE OF OWNERSHIP INTERESTS. Developer further agrees, in compliance with the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership interests form attached to this Agreement as Exhibit 4. 16. EFFECTIVE. This Agreement becomes effective and is binding upon and shall inure to the benefit of the City and Developer, and their respective heirs, successors, and assigns from and after the date of execution. EXECUTED IN DUPLICATE originals, this day of , 2008. ATTEST: CITY OF CORPUS CHRISTI By: Armando Chapa City Secretary George K. Noe City Manager Page 5 of 6 Cabaniss Acres SS Collection Line Constr and Reimb Agreement -- RJR 04182008.doc APPROVED: day of , 2008 By: R. Jay Reining First Assistant City Attorney for the City Attorney THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008, by George K. Noe, City Manager, City of Corpus Christi, Texas, a Texas home -rule municipal corporation, on behalf of the corporation. Notary Public, State of Texas DEVELOPER: AEP Texas Central Company By: 4‘bzu9i./(/ 00, Roy . Strawser Manager Real Estate Asset Management THE STATE OF COUNTY OF F�.-- This instrument was acknowledged before me on r a 3 , 2008, by Roy A. Strawser, Manager, Real Estate Asset Management, EP Texas Central Company, on behalf of the company. Notary ublic, Stai of Page6of6 Cabaniss Acres SS Collection Line Constr and Reimb Agreement -- RJR 04182008.doc USA DNA Nol y Rlik, Noddio IComminke Evi s 074,2012 GRAPHIC SCALE 2000 7000 0 2000 • Encinos Park AMERICAN ELECTRIC POWER LOCATION MAP NUECES COUNTY, TEXAS CExhibit 1 Page 1 of 1 LOCATION MAP CABANISS ACRES NO. 2. LOT 4 WATER SYSTEM IMPROVEMENTS AYERS ST. & ONSIIE LOOP CORPUS CHRISTI SERVICE CENTER CD6 /1N1[mSEavrEs Engineering & Surveying a„ ,rac se. • Sw Amok mss was • V.dn -in, F: \107650 \EX11IeIT5 \City Councei Agenda- Location Mup.dwg FREDERICK DRIVE SCALE: 1" = 200' MANHOLE A -6 TOP.30.62 12" INV. OUTS) =21.54 w _❑ I MATCH LINE 6 50' OF T3 PYCN OFFSITE Coma AMEN MANHOLE A -3 TOP =30.25 12" INV. IN(N) =18.58 12" INV. OUTS) =18.58 L -20' UTILITY EASEMENT MANHOLE A -2 TOP =30.84 12" INV. IN(N) =17.48 12" INV. OUTS) =17.48 MANHOLE A -1 TOP •30.58 12" INV. IN(N) =16.80 12" INV. OUT(S) =16.80 A 6 MATCH LINE AMERICAN ELECTRIC POWER is EXISTING MANHOLE TOP =30.49 NOTE; 1. CORE DRILL AND RECONSTRUCT BENCHES AT EXISTING MANHOLE TIE -IN. OTHER EXPOSED SURFACES TO BE JEFF- COATED PER STANDARD DETAILS. 2. SANITARY SEWER PIPE TO BE 12" PVC SDR 26, GREEN IN COLOR. WASTEWATER CONSTRUCTION CABANISS ACRES NO. 2, LOT 4 WATER SYSTEM IMPROVEMENTS AYERS ST. & ONSITE LOOP CORPUS CHRISTI SERVICE CENTER CDS/1V1vEUSEMMES Engineering & Surveying 011 WX o< . sa 150114. 10x0» • M -ma•nI F. \T07050 \E7IIUBITS \City Councel Agenda — Location Ikp.dwg Exhibit 2 D.,..,�. 1 .,if 1 Cabaniss Acres No. 2 Lot 4 Sanitary Sewer Main Extension Bid Item 2A Description Unit Qty Unit Bid Totals Sanitary Sewer Line 1 2 3 12" Gravity Sanitary Sewer Pipe (10' -14') 1,359 EA 37.00 4' Diameter Fiberglass Sanitary Sewer Manhole 01-6' 5 6 7 5' Diameter Fiberglass Sanitary Sewer Manhole 0' -6' Extra Depth Sanitary Sewer Manhole, >6' Manhole Tie -In 3 EA $ 4,000.00 1 EA $ 7,500.00 27.00 VF $ 200.00 1 EA $ 5,383.00 Trench Excavation Safety Protection Engineering Fees (7.5 %) std@ ? F^ � 1,359 LF $ 5.00 1 EA 6,552.07 $ 50,283.00 $ 12, 000.00 $ 7,500.00 $ 5,400.00 $ 5,383.00 $ 6,795.00 $ 6,552.07 $ 93,913.07 1 rt Exhibit 3 CITY OF CORPUS CHRISTI DISCLOSURE OF INTERESTS City of Corpus Christi Ordinance 17112, as amended, requires all persons or firms seeking to do business with the City to provide the following information. Every question must be answered. If the question is not applicable, answer with "NA". FIRM NAME /960 7e.:-/r/91 y e i4 4," STREET: .)79ra ea,e4ir/d/9IIeI / . 7 ZIP: 71c/21 . FIRM is: 1. Corporation X 2. Partnership 3. Sole Owner 4. Association 5. Other DISCLOSURE QUESTIONS If additional space is necessary, please use the reverse side of this page or attach separate sheet. 1. State the names of each "employee" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Job Title and City Department (if known) /v/ 2. State the names of each "official" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Title 3. State the names of each "board member" of the City of Corpus Christi having an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name Board, Commission or Committee 4. State the names of each employee or officer of a "consultant" for the City of Corpus Christi who worked on any matter related to the subject of this contract and has an "ownership interest" constituting 3% or more of the ownership in the above named "firm ". Name A /g" CERTIFICATE Consultant I certify that all information provided is true and correct as of the date of this statement, that I have not knowingly withheld disclosure of any information requested; and that supplemental statements will be promptly submitted to the City of Corpus Christi, Texas as changes occur. Certifying Person: %207 f4 �J 7 2 J-t Title: (Type or Print) Signature of Certifying Person Date: 03/0 Exhibit 4 Page 1 of 2 AN ORDINANCE APPROPRIATING $93,913.07 FROM THE NO. 4220 SANITARY SEWER .COLLECTION LINE TRUST FUND TO REIMBURSE AEP TEXAS CENTRAL COMPANY FOR THE INSTALLATION OF 1,359 LINEAR FEET OF 12 -INCH PVC SANITARY SEWER COLLECTION LINE FOR DEVELOPMENT OF CABANISS ACRES, NO. 2, LOT 4, AS SPECIFIED IN THE SANITARY SEWER COLLECTION LINE EXTENSION CONSTRUCTION AND REIMBURSEMENT AGREEMENT; AND DECLARING AN EMERGENCY. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $93,913.07 is appropriated from the No. 4220 Sanitary Sewer Collection Line Trust Fund to reimburse AEP Texas Central Company reimbursement request for the installation of 1,359 linear feet of 12 -inch PVC sanitary sewer collection line, as specified in the Sanitary Sewer Collection Line Extension Construction and Reimbursement Agreement, to develop Cabaniss Acres, No. 2, Lot 4, located near State Highway 286. SECTION 2. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and shall take effect upon first reading as an emergency this the 13th of May, 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: May 5, 2008 By: R. J yF inin First Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor H:1 LEG- DIR1SharedUaylAgendal2OOB15- 131ORD- Approp- AEP- CabanissAcres- sansewer.doc Page 2 of 2 Corpus Christi, Texas Day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1LEG -D I RIS hared4JayWgenda1200815- 131ORD- Approp -AE P- CabanissAcres- sansewer.dac 15 AGENDA MEMORANDUM May 13, 2008 AGENDA ITEM: a. Ordinance repealing Ordinance No. 5716, removing conditions requiring the construction of a masonry screening wall, .maintenance of the area and other conditions; and authorizing the City Manager, or the City Manager's designee, to execute a release of the agreement authorized by Ordinance No. 5716; and declaring an emergency. b. Ordinance amending Ordinance 5762 to remove the requirement to relocate utility lines from the alley through Portairs Addition, Block 8, that was closed by Ordinance 5762 to a new utility easement that was being provided by Sam Susser; closing and abandoning the 15 foot wide utility easement granted by Sam Susser to the City of Corpus Christi on May 11, 1960; waiving requirement to replat the affected properties due to the easement closure; providing for severance; and declaring an emergency. ISSUE: Ordinance No. 5716 required the erection of a masonry screening wall, maintenance and care for the screening wall, and maintenance of grass and shrubbery on the area facing Kilgore Street between Gollihar and Alexander Streets. The required masonry wall was not constructed. Staff's review of the issue found that masonry wall is not necessary and the other requirements of the agreement are adequately addressed in the current land use regulations. Staff believes it is in the public interest to repeal Ordinance No. 5716, release the requirements of the agreement, and authorize the City Manager, or the City Manager's designee, to execute a release of the agreement. Ordinance 5762 closed the alley through Portairs Addition, Block 8 and authorized the City Manager to execute an agreement with the property owner to remove and relocate the utility lines in the alley to a "new" utility easement. The "new" easement was not used and never recorded at the Courthouse and creates a cloud on the titles of Lots 17 -32 of Portairs Addition, Block 8. Amending Ordinance 5762 repeals the provision providing for the relocation of utility lines from the closed alley to the "new" utility easement and abandons the "new" utility easement granted by Sam Susser in 1960. Also, the proposed ordinance abandons and closes the "new" easement and waives the requirement to replat the Tots that were burdened by the "new" utility easement that is being closed and abandoned. RECOMMENDATION: Staff recommends approval of the ordinances as presented. Ite/dAl fa, Bob Nix, AIC ACM of Development Services Attachments: Exhibit A Background Information AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: The City Council passed Ordinance No. 5716 on February 23, 1960. That ordinance authorized the City Manager to enter into an agreement with Sam Susser concerning Lots 17 through 32, Block 8, Portairs Addition. The agreement required the erection of a masonry screening wall, maintenance and care for the screening wall, and maintenance of grass and shrubbery on the area facing Kilgore Street between Gollihar and Alexander Streets. The required masonry wall was not constructed. The title company for the purchaser of Portairs Addition, Block 8, Lots 11, 12, 13, 20, 21, and 22, discovered this uncompleted requirement during their title search. The City staffs subsequent review of the issue found that the masonry wall was unnecessary, and that the other requirements of the agreement are adequately addressed in the current land use regulations. Therefore, the staff believe it is in the public interest to repeal Ordinance No. 5716 and release the requirements of the agreement, and authorize the City Manager, or the City Manager's designee to execute a release of the agreement. In the review of the issues surrounding the missing masonry wall, an unrecorded utility easement was discovered. On May 11, 1960, the City Council passed Ordinance 5762. Ordinance 5762 closed the alley through Portairs Addition, Block 8. It also authorized the City Manager to execute an agreement with the property owner to remove and relocate the utility lines in the alley to a new utility easement, and accepted the "new" utility easement from Sam Susser for the relocation of the utilities at Sam Susser's expense. The "new" easement was dedicated, but the document granting the utility easement to the City was never recorded at the Nueces County Courthouse. The utilities in the abandoned alley were never relocated to the "new" easement, and remain in the former alley, which was later dedicated as a utility easement on February 5, 1982. The unused and unrecorded "new" utility easement creates a cloud on the titles of Lots 17 — 32 of Portairs Addition, Block 8. The best course of action in the public interest is to amend Ordinance 5762 to repeal the provision providing for the relocation of utility lines from the closed alley to the "new" utility easement and abandon the "new" utility easement granted by Sam Susser in 1960. The proposed ordinance will repeal Section 2 of Ordinance 5762, which authorized and directed "the City Manager to execute and deliver the agreement of the property owner abutting on said alley to remove and relocate the utility line and provide a new utility easement, a copy of which agreement is attached hereto and made a part hereof." The proposed ordinance also abandons and closes the "new" easement that was never properly recorded. It also waives the requirement in Section 49 -13, Code of Ordinances, to replat the lots that were burdened by the "new" utility easement that is being closed and abandoned. EXHIBIT A 133a1S a3aNYX3lb ---I MS ai agiThit ri g °I� i} 00 d rim N i N 1 } I 1 N 111 i En1 0 1 0 ,U q H 04 4 C Lp •� N cn b oQ O E o ' rw V SHEET 1 OF 1 OD 0 0 Qz 0 Lu i` C00 0-cC0 V V) Q N N Z owe up ud (W ti L 0 J33aJS 83GNVX31V --j N cO U z 0 W�. T NI i 1 � , m r U 01 00 I I I 1 fO 1 Nip p N N cO U z 0 W�. (! 0 avoa HYHMOD O z T N N � , m r U } w J N N I I 1 fO 1 „ I w p N I\ (! 0 avoa HYHMOD O z 13381s a3GNVX31V N ( N N 1\ 1 EN 0 N w I I 1 r co cD i� i r 11L.� y '8 A ,O cr�oa a i- moo W 0 Y 0 0 N 0 0 w k�p7 m U) 0 0 0 SHEET 1 OF 1 cid O m • zz Wg E\ N W 4 o) 0 N� ct mQ W° 1 1 N 1 I co a r N 1' CO 1d. Wird N ( N N 1\ 1 EN 0 N w I I 1 r co cD i� i r 11L.� y '8 A ,O cr�oa a i- moo W 0 Y 0 0 N 0 0 w k�p7 m U) 0 0 0 SHEET 1 OF 1 cid O m • zz Wg E\ N W 4 o) 0 N� ct mQ W° 133?IJ.S 2l3GNVX31V H N H M N N ' N \ I I w. N4 11 I I k _ cc! NII1 x-01 N I (p E I • cc 'n 0 1 I.- Moro 1 N cy I IrgI ' M N N KILGORE STREET et W Q 01 czt JZ i- c NQ ZO in Z. 0 W �W � jW? et W O 2 k 3ZZ Q C) m D1,0 E ec W��% ' N \ I I Q ~ L w <z < °o 0 mom k _ cc! NII1 KILGORE STREET et W Q 01 czt JZ i- c NQ ZO in Z. 0 W �W � jW? et W O 2 k 3ZZ Q C) m D1,0 E ec W��% CERTIFICATE THE STATE OF TEXAS COUNTY OF NUECES § !, the undersigned Assistant City Secretary of the City of Corpus Christi, Texas, so certify that the following is a true and correct copy of Ordinance No. 5762 passed and approved by Corpus Christi City Council on May, 11, 1960 as same appears in the Official Records of the City of Corpus Christi, Texas, of which the City Secretary's Office is the lawful custodian. WITNESSETH MY HAND and the Official Seal of the City of Corpus Christi, Texas, this the 10th day of April, 2007. L Mary Juar -a'� Assistant City Secreta Corpus Christi, Texas (S E A L) AN ORDINANCE CLOSING AN ALLEY EXTENDING THROUGH BLOCK 8 OF PO IAIRS ACID3TION; AUTHORIZING AHD DIRECTING THE CITY MANAGER TO EXECUTE AND DELIVER THE AGREE- PENT OF THE PROPERTY U4NERS ABUTTING 011 SAID ALLEY TD 11 MOVE AND RELOCATE THE UTILITY LINE AND: PROVIDE: A NEW UTILITY EASEMENT, A COPY OF WH Ct I AGREEMENT IS ATTACHED HERETO AND MADE A ART HEREOF; , CUPTIU f i iE U T I L I T Y EASEMENT DATED MAY 11, 1 960, A COPY rir WHICH IS ATTACHED HERETO AND MADE. A PART HEREOF; AND DECLARING AN EMERGENCY. WHERE'A,Si SAKI SUSSED, OWNER OF ilLOc1( 8, ABUTTING THE ALLCY E1;TLIIOiNG rHIll?UG1I 5AID Ul_or,.l( 8, HAS MADE APPLICATION FOR TIIE CLG:11Idl: Or AN ALLEY TMR{)I)Gl! SAID I3LOCIs 8 AND DUE. NOTICE WV 'iA l 0 APPL i f:P.T I UN HAS I°L.EN CIVCN, A.`L PROVIDED 1)Y CHARTER AND THE HI :AING IIE.LO TNCREON; AND WHENEAS, 1110 woo f'lllln.RTT 1)HN4 :t {, 5 .M fA55(:Il, IiA:i AGREED TO PROv 1 T)C A. NEW 011 L 1 TY CASEMENT AND IIA:i AGREED 1'U I4EmOVE AND RELOCATE i IIL U 1' I1, I r'1' I NITA LLA T 1 ON:; NOW LOCK+ LO I'td THE PRESENT ALLEY AT 1! I ;i I3WN- CI:;UT ANI', CXPf. :Ntlr ; AND WHEREAS), IT_ IIA;i I1r :EN f)T :1 r :It1A i NE D OY TIIE COUNCIL THAT IIPON THE ITEL ti1CA't' E UN 0f' SA l U 131 1 L. I TY LINES AND THE PRUV I U I NR OF A NEW Ul i 1.11 Y L ASL'E-IEIit I T IS IN THE I NTcR I :ST LIE THE PUUI_ I C THAT THE SAID ALLEY I :WICNUING THRUUt,il r.A10 I1LOC1{ i r,t: CLOSED: NOW, THEREFOR HE IT ORDAINED EIY plc CITY COUNCIL Or THE CITY or CORPUS CHRISTI, TEXAS., SECTION 1. THAT THERE -I5 HEREBY CLOSED FOR PU1iI_1C USE THE ALLY T)IRUilr:11 liI_c1C:t fS or T)fl :' PORTA I RS ADDITION, w I TI1 t N TIIE CITY Or (.OI1PL1i rlIHISTI. SECTION r'_,. AUT110111 X PN0 AND DIRECTING TIIE CITY MANAGtR 1'O EXECUTE AND DELIVER THE AGREEMENT OF THE PROPERTY OWNERS ABUTTING ON BATH ALLC.i TO REmO,t: .AND IICLUCATE: TOE UTILITY •L.INE AND .pitoviDC-A-- NEW". UTILITY' EASEMENT, A COPY or WHICH 'AGREEMENT 15 ATTACHED itERC rO AND MADE A PART HEREOF. 'iIrCT1(IN 3. AccLPT3Nt. IOrt AND ON IIEI1AL1- or lilt: Cry.). of CoRvNs CHRISTI A HLW 11 3 L I T Y EASEMENT PRDV I OED OY SAM SUSSi:.R r oR RELOCATION OF UTILITY I N3 TALLA [ 1 ON:1 NOW LOCATED IN THE PR}:$EYIT ALLEY AT HIS OWN CDs1 AND r:XPrN 1E... "i HE CITY MANAGER TO EXECUTE AND DELIVER THE AGR f..- i+FENT OF THE PROPERTY OWNERS ABUTTING ON SAID ALLEY TO REMOVE AND RELOCATE THE UTILITY LINE AND PROVIDE A NEW UTILITY EASEMENT, A COPY OF WHICH AGREEMENT 13 ATTACHED HERETO AND MADE A PART !HEREOF; ACCEPTING THE UTILITY EASEMENT DATED MAY 11, 1960, A COPY Of WHICH IS ATTACHED HERETO AND MADE A PART HEREOF; AND DECLARING AN EMERGENCY. WHEREAS„ SAM SUSSEH{y' OWNER OF BLOCK 8, ABUTTING THE ALLEY Ci;T F.HD 1 NG THROUGH SAID BLOCK 8, HAS MADE APPLICATION FOR THE CLOSING OF AN ALLEY THROUGH SAID BLOCK 8 AND DUE NOTICE ;IF SAID APPLICATION HAS U LEN G S VEN, AS PROVIDED BY CHARTER AND THE HEARING HELD THEREON; AND WHEREAS, THE SAID PROPERTY OWNER, SAM SUSSER, HAS AGREED TO PROVIDE A NEW UTILITY EASEMENT AND HAS AGREED 1'0 REMOVE AND RELOCATE THE UTILITY I NUTALLAT OPJL NOW-LOCATED I N THE PRESENT ALLEY AT HIS OWN CCST AND EXPENSE; AND WHEREAS, I T HAS OCE N t ] CIIM I NID UT THE COUNCIL THAT UPON TILL RELOCATION OF SAID UTILITY LINti.5 AND THL.PROVIDING OF A HEW UTILITY EASEMENT IT la I N THE INTEREST OF THE PUOl..I C THAT THC SAID ALLEY EXTENDING THROUGH SAID BLOCK 8 OE CLOSED: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS. SECTION 10 THAT THERE I5 HEREBY CLOSED FOR PUBLIC' USE THE ALLEY THROUGH BLOCK 8 OF THE PORTAIRS ADDITION, WITHIN THC CITY or CORPUS CHRISTI. SECTION 2, AUTHORIZING AND U I R{E:CT I NG THE CITY MANAI:CR TO EXECUTE AND DELIVER THE AGREEMENT OF THC PROPERTY OWNERS AHUTT I IIG ON SAID ALLEY TO REMOVE AND RELOCATE: THE UTILITY LINE AND PROVIDE A NEW UTILITY EASEMENT, A COPY or WHICH AGREEMENT 15 ATTACHED HERETO AND MADE A PART HEREOF. roR AND ON 8I HALr OF riifc CITY OF CORPUS CHRISTI A NEW UTILITY CASEMENT PROVIDED BY SAM SUSSER FOR RELOCATION OF UTILITY INSTALLATIONS HOW LOCATED IN THE PRESENT ALLEY AT HIS OWN COST AND EXPENSE. AND RELOCATION OF SAID UT I L. !TIES AS PROMPTLY AS POS A PUBLIC EMERGENCY AND AN IMPERATIVE PUBLIC NECESSI THE SUSPENSION OF THE CHARTER RULE PROVIDING THAT N RESOLUTION SHALL BE PASSED FINALLY ON THE DATE OF I AND THAT SUCH ORDINANCE OR RESOLUTION SHALL HE READ MEETINGS OF THE CITY COUNCIL, AND THE MAYOR, HAVING EMERGENCY AND NECESSITY TO EXISTS AND HAVING REQUES CHARTER RULE BE SUSPENDED, AND THAT THIS ORDINANCE ON THE DATE Of ITS INTRODUCTION AND TAKE EFFECT AND FORCE AND EFFECT FROM AND AFTER 1T5 PASSAGE? IT IS AND APPROVED, THIS THE /I( DAY OF MAY 1960. A //// MAYOR rr THE CITY OF a� APPROVED AS TO LEGAL FORM THIS 11TH DAY OF MAY,, 1960: COUNTY OF NU CE, ) FOP COOI AND VALUABLE CONSIDERATION, the receipt and adequacy uac; o± which iu hereby acknowledged, cnowledged, the undersigned, SAX, BUSS N, hereinafter t ter cyan d Grantor, , (vx:eoiha r, one or more) here- by grant, to the CITY OF CORPS =fi7 ST1, TEN , a municipal =x- potation, duly x,ncorperretead by a spacial act of the Legiul.atur of the State; of Texas, hereinafter called Gram 'e,, the ri ht-of- fora the sake purposes of laying„ constructing, operating, awl maintainirr. , repairing, removal and reconstruction of pipe- lines, poles, wires, cables, and all other mechanical devices for and incide~irstai to the t 'an.nport,tation of water, gas, sewage, G1`i otz; :9.city and telephone coo ,xtt>i3ic Lion, and any and all other t)Ub is ex'cilitien, whether publicly or privately waned, ao,, °Va and through the folloWing described land situated in tha County of br e"cG , State of Texas, to-wit: A at.rip ok land i'i_fte o fact (13') in width tarid being seven and ones -half (7- -1 /2') feet on each. side of the following deiacx:ibed centerline: Said centerline deist, a line beginning at a point .in the auuthertame:►rt boundary line of Diock E.t ;ht. (8) , I'oa: A:airs Addition to the City of Corpus. C1 risci` Texas, twenty -five feat (23') went of the southeast corner of said Block Eight (8), and encoding parallel to the eRaaternmvs borsoda+-y of /loch lock Eight (8) L ufficiant dis- tance to intersect the northernmost boundary of said Block Eight (tJ) at a point in the northesrn- zo t boundary of tad Block Eight () ,, twenty- five (25') fte t west of the northr asternmrsst corner thereof. 2. uch right-of-way itesrob yrantc;3 shall he •.14 land fifteen feet~ (I55 in width an the east or northeast tdrh . Said d lii.o k Bright (8) T parallel el to Kilgore Street with tti• mitat — ,c.;':r tarot bcitndary aeloan een and one -half (11- 1f2') few: wewt. of said property rty liner.. • TO HAVE AND TO HOLD said ems meet r. rigat and right-of- way ay co said Grantee in perpetuity, IN TESTIMONY, WHEREOF, the Grantor hes hereto net his hand, taw the , 11 T1'' day of May, A. D. 1960. TUJ STA ; OF TEXAS I'd7I71"rry OF NUECES BEFORE MX, the undersigned ay.uthority4 an. this day per- sonally appeared SAM SUSSER, known to_ we to be the person who omae is subscribed to this foregoing instrument, and acknowledg- ed to me that he executed tha saute for the purposes and consid- eration therein expressed. GIVEN UND��R MY RAND AND SEAL OF OFFICE, this the+ /;�L,(. duty of Maya 1960. /Zit 4uz, ,ei,ueexAJLJ( Notary I"u C A an or Nueca•'County, Texas PATRICIA BIRDWECti COUNTY ; C I WU1C$S ) THIS INDENTURE wade the 011x. d y o f. tray, 1960, b e vr fwp S A M SS EFr residing at Corpus Gz•iati, NKLeey County, 'rcnas , Party of the First Part, andthe CITY OF CORPUS CHRISTI, TEXAS, acting through its City Manager, hereinafter called P *r'ty of thu Second Part, W1 TNE S'a.TR2 it'rI,k atIS, Party of the First Part has petitioned fore Y ?Le c los.I rag of an alloy described es follows, to-euit.;. That uno pened valley twenty feet (20') in width erct, nding from Alexander Street to Coiliher Street in Block night () of.PORTAIRS ADDITION, which it located Between Ayors Street and Kil- gore Street, eo.id Addition to t i City of Cor- pus Christi, Nu ces County, 'least; and hsa agreed with the Party of they Seaconid Part: that if: ecuCh alley be closed by ordialwr ce: authorizing such closing that the Party o f the First Part will perform and ,dung hereby agree to be obligated to the following covenants and conditions, to-wit: First;: That the Party ty of the First Part does hereby agree e to remove or cause to be rived all public utilities, both publicly ly raced privately owned now in plaeo and located in wench alley at his, Party of the Firut Part's, own cost and ex- pense. The said public utilities now in existence which Panty of the First Part agrees to remove include but are not limited to the foil,owir g ; Southwestern Bell Telephone Company w telephone lines Crnta &. Powc ,1 Licht: CDrapany - i y r,,Yat::0 egad poWm 6t: poles and lines Houuton Natural G .a Company.- gas lines and con- nections and meter axes, if any City of Corpus + hriati - water had sewer and cetera Second: That Party of the 'iret Part covenants and sgx am s that he will relocate, at his own cost and expenses the staid public utilities, both publicly and privately owned, in- cXud .nR but not limited co those enumerated in tha firut: para- graph Third; That Party of a!xri First Part agrees I::a ews- cuv,6 and. place of record i,ra tha appropriate rsacerde cf Macon; County, Texas, an instrument dedicating an casement Fur the e:.:F'or amid publicly and privately owned public utilities, said eaa+serment to be Locate) in Block atght (8), Portairtt addition, Wing pareallel), to the oxisting al icy described above, . ht in C. fifteen feet (i5 ') in width with this Southeast boundary line of said easement beams located seventeen and one -b. It (17-1/2') feast from the Eant property line oi' the said Aleck might (8) of Portatre. Fourth: The Party of the First Part agrees that es 4 condition to the closing of the alley described above, he will FsaithEuiiy keep theae covenants and agreements above: de- Vc:ribed binding his heirs, ensigns, successors, grantees, ad- 9aistrators, lessees and tenants. 41ITNES3 OUR HANDS on this li i-day of Mo.y, 1960. APPROVED AS TO LEGAL FORM: & CORN BY J? u1-W Nye Attorneys or Party of this First Part ,Sim Susan Party of the First Part M' ,ty Atearneyr for the City of Corpus Chari.pt;4,, Texas CITY OF CORPUS CHRISTI BY City Manager. Party of tbm Second Port UE $I'.1= OF TEW ) } canrr : Gv NUrCE2 BEFORE ME0 Cho wnd .ra -itrted + atho tl„ tt. Notary PLibiit in and lob onid County and State, on this dt.y personally pe. :•- ,sd SAM RISSER, known to me to bra the person whose name ia sub - ocri.bed to the foregoing instrument, rend acknowledged to to that he executed the semi, for the purposes and consideration therein expressed. GI V N UNDER NT HAND AND SEAL OF mug, thia the / day of Nay, 1960. . TH ; SATE OF TEXAS COUNTY OF NUECES ) 7 aLA— C-4..i26A-LUL-0 Notary Public a or Nueass County, Texas PA7t+ir'IA Riurl MA.: BEFORE ME, the undersigned authority, an this day por- worcreUy appeared HERBERT W. WHITNEY, City Manager of the City of Corpus Christi, Texan, known to me to be the person whose name is arit»icribesd to the foregoing instrument and acknowledged to ma that ho eziauted tha same for the purposes sad consideration therein esp eased, and is the capacity therein stated and am the at and deed of said City. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of May, 1960. C.:1-04-kaajtaffilEN _.11X San Jacinto Title Services 862 No. Carantahue, Suite 1500 Corpus Christi, Texas 78470 r-' 6,1F # N-1 UA a`-O-� oae:y naA otc Nueaes County, Texas CORPUS CHRI.STI, FEXAS or Li /re TO THE MEMBERS or THE I, I TY COUNCIL Col?aus CRAISTS• TEXAS 19 FOR TIME REA:,UNZ. SET FORTH IN TH5.:: EMERGENCY CLAUSE OF THE FORE'- GOING ORDINAIiCCr F. P1i13LIC LraCII::E.NCY AND IMPERATIVE NECESSITY EXIST FOR THE Su5r+EN:i1or+ Cr THE CHARTER RULE. OR I1I QUrrrl;.r4f-_NT THAT NO ORDINANCE OR RESOLU- TION `,SHALL. UE PASSED P 1 NALLY ON THE DATE IT IS INTRODUCED, AND THAT SUCH ORDINANCE OR HCsoLUr1uN :SHALL HE READ AT TNI,EE MEETINGS Or TFIE CITY COUNCIL; It rIIcliErurtc, ;trucB 1II_Qr1C: }T NAT YOU SUSPEND SArO CHARTER 11Uil. Of Ul:lUll1.. !4l_rl r AND I./:;:I r.H I ' ; ORDINANCE FINALLY UN THE DATE I T Ili I NT ROOOCL.O, OR A1' Till: PRESENT 1.1E1?TING OF THE CITY COUNCIL. RESPECTFULLY, J • MAYO THE CITY 0 THC CHAUTC.I'. RULE. WAFT auOvEr.rltEU UY THE 1-OLLOWrH6 VOTC: E:I. i t Ii i ru. JAMC:I L. I.i'ARNARDI IWIt;,. RAY A RHCAI T Jou _r'H B. DuNN PATRICK J. DuNNI:. R. A. HUMULE BADE LOZANO, 5H,. C :47,c (.. /. TUC. AROVC ORDINANCE WAS I'AS:3CU BY THE r'O'_LU ING VOTE. FLLFROY KING JA14L:3 L. BARNARDI MRS. RAY A 11titEART JO,A..PH U. Duwn PATRICK J. DUNNF R. A. HUmiLe GAVE I.,OZANO, SR. TEXAS THE STATE Of TEXAS COUNTY OF NUECES This indenture made the 1`4 (!4,l7.. ;(f- /9 LI • • i 1 /6 day of 1960, between SAM SUSSER, residing at Corpus Christi, Nuecea County, Texas, Party of the First Part, and the CITY OF CORPUS CHRISTI, acting through its City Manager, hereinafter called Party of the Second Part, W LTN ESSETH: WHEREAS, Party of thu First Part has applied for re- zoning on tots 17 through 32, in block 8, of the Portaita Addi- tion, an Addition to the City of Corpus Christi, Texas, from " two- family dwelling district, to "A -3" secondary business district, and has agreed with the Party of the Second Part that if such toning change be granted by the Party of the Second Part by or- dinance authorizing such change of zoning, that the Party of the First Part will perform and does hereby agree to be obligated to the following covenants and conditions, to -wit: First: That the said Party of the First Part does hereby agree to erect a masonry well on the First P perty six feet (6') in heighth; with the horizontal center line of the wall to be located twenty feet (20') from the First Par- ty's property line on Kilgore Street; the plans and design of the said wall shall be approved by the City gngine►..` prior to its construction. The said masonry wall shall serve as a screen- ing fence and shall nor have any openings for vehicular or pedes- 1 trien traffic, walkways, or driveways. The Party of the First Part covenants and agrees that he will erect the laid masonry wall at his sole cost and cxgenso and does further agree to maintain amid masonry wall in a safe and useable condition for which it was erected. The expense of repairing and rebuilding of the said masonry wall, if necessary, shall be paid @platy by C, ZIAC the Party of the First Part, and if any part shall be rebuilt or . repaired, it shall be erected on the same spot where it now :stands and he of the same size awl of the /lame or similar mate- rials and of like quality and be subject to the approval of the Engineer for the City of Corpus Christi, Second: The First Party covenants and agrees that he will maintain, at his own cost and ex nse, a grassed area be- tween the curbline on Kilgore Street and the fence hereinabove described on the above lots zoned as set forth above; and said Firat Party further covenants and agreea that such grassed area will be additionally landscaped with trees and shrubbery ac the sole cost and expense of the First Party, and that such area will. be maintained and improved and kept with the same standard of care as the developed parkway on Louisiana Boulevard between Ocean Drive and Santa Fe Street in Corpus Christi, Texas. Third; That the First Party further covenants and a- grees that he wit' not erect any signs or E1ashing lights that would be facing Kilgore Street between Gotlihar and Alexander Streets on the property hereinabove described. Fourth; it is further covenanted and agreed by the Party of the First Part that any buildings to be erected upon the above - described property shall be set back at least forty - five (45') feet from the property line an Kilgore Street. Fifth; The Party of the First Part agrees to commence construction on the above - described property within one (1) year from the time that this contract and agreement Ls filed for re- cord in the Deed Records of Nueces County, 'Texas, If construc- tion is not commenced within this ono -year period on the above- described property, the zoning on said property shall revert to ---,•--- the original zoning of "R -2" two - family dwelling district, And this agreement shall come to an end and be of no further force and effect, -2- r, VOL 1 i9C1 i r. ► Sixth; The covenants and agreements hereinabove sot forth on the above- described property are to be perpetually for the use and benefit of the respective parties to this agreement, and that the Party of the Firat Part agrees that as a condi- tion to the granting of this zoning, that he will faithfully keep these covenants and agreements above - described, binding his heirs, aasigna, successors, grantees, administrators, lessees, and tenants. The property hereinabove described shall be aub- lect to these covenants and conditions and shall be construed to be a covenant running with the land, VI ?NESS OUR RANDS on this the ,t L. • day of Karch, A.D. 1960. APPROVED AS TO LEGAL FORM; NYE & CONN BY SAM SUSSER, P y of the First Part • �` Paul W. Nye CITY OP CORPUS CHRISTI Attorneys for Party•of the First Part City ttorney f• the i' o Corpus Christi, Texas Till STATE OF TEXAS COUNTY OF SUDCE8 1 8X Party of the ' "cond Part /I fr, • i '/\i, r� • • BUM !Z, the undersigned authority, taoual appeared in and for said County and State, on this day pe -g- SAM SUSSER, known to me to be the person whose name is subb..ribed to the foregoing instrument, and acknowledged to me that he exe- cuted the same for the pur�osee and consideration therein expressed. GIVEN MOM MY NAND AND SEAT, OF CFF ICE, this the ,x 3 Rp MAlic►1 • , 1960. day of THE STATE OF TEXAS COUNTY of NUECES 1 .. � 1.1 Notary Public in and for Nueces County, Texas M JIIr: 1. f:JIi.fY BEFORE ME, the undersigned authority, on this day per- sonally appeared HERBERT W. WHITNEY, City Manager of the City of Corpus Christi, Texas, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to Ise that he executed the same for the purposes and consideration therein expressed, and in the capacity therein stated and as the act and deed of said City. GIVEN UNDER HY HAND AND SEAT. OF OFFICE, this the t! day of /j<cd f , 1960. MAOE.(Of/ 5.0141 NIER Notary Public Ln and for Winces County, Texas Page 1 of 3 AN ORDINANCE REPEALING ORDINANCE NO. 5716, REMOVING CONDITIONS REQUIRING THE CONSTRUCTION OF A MASONRY SCREENING WALL, MAINTENANCE OF THE AREA AND OTHER CONDITIONS; AND AUTHORIZING THE CITY MANAGER, OR CITY MANAGER'S DESIGNEE, TO EXECUTE A RELEASE OF THE AGREEMENT AUTHORIZED BY ORDINANCE NO. 5716; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance No. 5716, dated February 23, 1960, City Council authorized the City Manager to enter into an agreement with Sam Susser in the nature of a covenant running with the land, concerning Lots 17 through 32, Block 8, Portairs Addition, an addition to the City of Corpus Christi, Nueces, County, Texas, relating to the erection of a masonry screening wall, maintenance and care for the same, maintenance of certain grass and shrubbery on the area of said lots facing Kilgore Street between Gollihar and Alexander Streets; and WHEREAS, the required masonry wall was not constructed and the construction is no longer warranted; and WHEREAS, the other requirements of the agreement are adequately addressed in the current land use regulations; and WHEREAS, the City Council deems it in the public interest to repeal Ordinance No. 5716, release the requirements of the agreement, and authorize the City Manager, or the City Manager's designee to execute a release of the agreement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI: • SECTION 1. That Ordinance No. 5716 is repealed and the requirements of the agreement with Sam Susser in the nature of a covenant running with the land, concerning Lots 17 through 32, Block 8, of the Portairs Addition, an addition to the City of Corpus Christi, Nueces, County, Texas, relating to the erection of a masonry screening wall, maintenance and care for the same, maintenance of certain grass and shrubbery on the area of the lots facing Kilgore Street between Gollihar and Alexander Streets, as shown on Exhibit A, is released. SECTION 2. That the City Manager, or the City Manager's designee, is authorized to execute a release of the requirements of the agreement with Sam Susser. SECTION 3. That upon written request of the Mayor or five council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule that requires consideration of and voting upon C:IDocuments and SettingsljayrMMy Documents\JayR\Development Services\Special ServiceslORD- PortairsConditionsOrd Repea ledReleaseAgmt- -05022008.doc Page 2 of 3 ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 13th day of May, 2008. ATTEST: Armando Chapa City Secretary Approved: May 2, 2008 By: R. Jay ei ing Firs ssistant City ttorney For City Attorney CITY OF CORPUS CHRISTI Henry Garrett Mayor C:1Documents and SettingsyayrWly Documents\JayR\Development Services\Special ServiceslORD- PortairsConditions0rdRepealedReleaseAgmt-- 05022008.doc Page 3 of 3 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: IIWe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett, Mayor City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon C:1Documents and 5ettingsljayr\My Documents\JayR1Development Services\Special Services\ORD- PortairsConditionsOrdRepea ledReleaseAgmt- 05022008.doc Page 1 of 3 AN ORDINANCE AMENDING ORDINANCE 5762 TO REMOVE THE REQUIREMENT TO RELOCATE UTILITY LINES FROM THE ALLEY THROUGH PORTAIRS ADDITION, BLOCK 8, THAT WAS CLOSED BY ORDINANCE 5762 TO A NEW UTILITY EASEMENT THAT WAS BEING PROVIDED BY SAM SUSSER; CLOSING AND ABANDONING THE 15 FOOT WIDE UTILITY EASEMENT GRANTED BY SAM SUSSER TO THE CITY OF CORPUS CHRISTI ON MAY 11, 1960; WAIVING REQUIREMENT TO REPLAT THE AFFECTED PROPERTIES DUE TO THE EASEMENT CLOSURE; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, by Ordinance 5762, passed on May 11, 1960, the City Council closed the alley through Portairs Addition, Block 8, authorized the City Manager to execute an agreement with the property owner to remove and relocate the utility lines in the alley to a new utility easement, and accepted a new utility easement from Sam Susser for the relocation of utilities at Sam Susser's expense; WHEREAS, while the "new" easement was dedicated the document granting the utility easement to the City was never recorded at the Nueces County Courthouse; WHEREAS, the utilities in the abandoned alley were never relocated to the "new" easement, but remain in the former alley, which was later dedicated as a utility easement on February 5, 1982; WHEREAS, this unused and unrecorded "new" utility easement creates a cloud on the titles of Lots 17 — 32 of Portairs Addition, Block 8; WHEREAS, the City Council deems it in the public interest to amend Ordinance 5762 to repeal the provision providing for the relocation of utility lines from the closed alley to the "new" utility easement; and WHEREAS, the City Council deems it in the public interest to close and abandon the "new" utility easement granted by Sam Susser in 1960; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Ordinance 5762 is amended by repealing Section 2 of the ordinance, which authorized and directed "the City Manager to execute and deliver the agreement of the property owner abutting on said alley to remove and relocate the utility line and provide a new utility easement, a copy of which agreement is attached hereto and made a part hereof." SECTION 2. The City closes and abandons the utility easement or right -of -way described as follow: PORTAIRSBEASEMENTCLOSUREORD 05022008 Page 2 of 3 "A strip of land fifteen feet (15') in width and being seven and one -half (7-1/2') feet on each side of the following described centerline: "Said centerline being a line beginning at a point in the southernmost boundary line of Block Eight (8), Portairs Addition to the City of Corpus Christi, Texas, twenty -five feet (25') west of the southeast corner of said Block Eight (8), and extending parallel to the easternmost boundary of such Block Eight (8) sufficient distance to intersect the northernmost boundary of said Block Eight (8) at a point in the northernmost boundary of said Block Eight (8), twenty -five (25') west of the northeasternmost corner thereof." SECTION 3. Notwithstanding Section 49 -13, Code of Ordinances, the property owners of lots burdened by the existing utility easement closed and abandoned by Section 2 of this ordinance, are not required to replat their lots. SECTION 4. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 5. 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 day of , 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: This 2"d day of May, 2008: R. - Re' ' mg First Assistant Ci Attorney For City Attorney PORTAIRS8EASEMENTCLOSIJREORD 05022008 Page 3 of 3 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon PORTAIRS8EASEMENTCLOSUREORD 0502200B 16 CITY COUNCIL AGENDA MEMORANDUM May 13, 2008 AGENDA ITEM: An Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 33 to prohibit use of or presence in Windward Drive Parking Lot from midnight to 6 A.M.; providing for penalties; providing for severance; and providing for publication. ISSUE: Due to the significant increase of reported citizen concerns, staff recommends adding a new Section, 33 -16, to the Code of Ordinances to prohibit use of or presence in the City parking lot located on Windward Drive from midnight to 6:00 a.m. REQUIRED COUNCIL ACTION: City Council action is required to authorize the addition of Section 33 -16, through the approval of this ordinance. PREVIOUS COUNCIL ACTION: Council previously established curfew at other parking lots as follows: Section 36 -10 which established curfew in Cole Park and Cole Park parking Tots from 10 p.m. to 6:00 a.m., and curfew in other city bay front parks and associated parking lots from 2:00 a.m. to 6:00 a.m; and Section 33 -13 which established curfew of 1:00 a.m. to 4:00 a.m. in a business parking lot. FUNDING: N/A CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance as presented. Sally Gavl Director Parks and Recreation BACKGROUND INFORMATION Due to Parks and Recreation, and Police staff receiving reports of loitering, perceived illegal activities, littering and concerns for safety at local hotels and the public in general after midnight, the staff recommends adding a new Section 33 -16, to prohibit use of or presence in the City parking lot located on Windward Drive between midnight and 6:00 a.m. The Texas General Land Office has been contacted and supports this action; under the following conditions: 1.) The permanent roadway easements within 1,000 ft of each end of the Seawall affording vehicles access from the nearest public road to the beach must be maintained and remain open. 2.) Vehicular access may not be restricted or altered seaward of the seawall. Penalty for violation is fine of up to $500, as established by Section 1 -6 of the City Code of Ordinances. Council previously established curfew at other parking Tots as follows: Section 36 -10 which established curfew in Cole Park and Cole Park parking Tots from 10 p.m. to 6:00 a.m., and curfew in other city bay front parks and associated parking lots from 2:00 a.m. to 6:00 a.m; and Section 33 -13 which established curfew of 1:00 a.m. to 4:00 a.m. in a business parking lot. Council has previously acted upon similar citizen requests brought through and supported by the Parks & Recreation Advisory Committee and staff. The Parks & Recreation Advisory Committee approved this request during their meeting of January 16, 2008. AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 33 TO PROHIBIT USE OF OR PRESENCE IN WINDWARD DRIVE PARKING LOT FROM MIDNIGHT TO 6 A.M.; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi City Code of Ordinances, Chapter 33, Offenses and Miscellaneous Provisions, Article I, In General, is amended to add new Section 33 -16, to read as follows: "Sec. 33 -16. Windward Drive Parking Lot Hours of Operation. (a) In this section, Windward Drive Parking Lot means the City of Corpus Christi parking lot located in the 14900 block of Windward Drive. (b) A person commits an offense if he enters or remains on the Windward Drive Parking Lot from midnight to 6:00 a.m. (c) A person commits an offense if he allows a vehicle under his control to remain on the Windward Drive Parking Lot from midnight to 6:00 a.m. (d) It is an affirmative defense to prosecution under this section that the person: (1) was a government employee in performance of official duties at the time the person entered or remained on the Windward Drive Parking Lot: (2) entered or remained on the Windward Drive Parking Lot because of an emergency which affected the physical well -being or property interests of himself or another: or (3) entered or remained on the Windward Drive Parking Lot at the direction of a peace officer." SECTION 2. 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. 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. WINDWARD DRIVE PARKING LOT CURFEW v3 2 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Eiizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Eiizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa, City Secretary APPROVED as to form: May 5, 2008 By: . Jf?�cr -Q� Lisa Aguilar, Assistant City Attorney For City Attorney WINDWARD DRIVE PARKING LOT CURFEW v3 Henry Garrett, Mayor 17 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 13, 2008) Case No. 0408 -01, Gary Johnson: A change of zoning from "I -2" Light Industrial District to an "I -3" Heavy Industrial District resulting in a change of land use designation from light industrial to heavy industrial on property described as 10.926 acres out ofJC Russell Farm Blocks, Block 11, Tract 11 and 1.54 acres out ofJC Russell Farm Blocks, Block 11, Tract 7 -B located on the east side of Navigation Boulevard approximately 500 feet south of Agnes Street (SH 44). Planning Commission & Staff's Recommendation (April 2, 2008): Approval of the "I -3" Heavy Industrial District. Summary: • Request: The applicant is requesting a change of zoning on a 12.47.acre site from "1 -2" Light Industrial District to "I -3" Heavy Industrial District providing for the development of an auto salvage yard. The property is presently vacant land. • History: The subject property has always been vacant and, to some degree over the years, has been used for cropland purposes. • Zoning: The purpose of the "I -3" Heavy Industrial District is to provide for industrial operations of all types. Certain potentially hazardous industries, activities and installations including the location of above ground fuel storage tanks and auto salvage yards are permitted only after public hearing and review and approval by the Zoning Board of Adjustment to ensure the protection of the public interest and surrounding property owners. • The minimum front yard setback required is twenty (20) feet with no side and rear yards when adjacent to non - residential zoning districts. There is no maximum height limitation, nor any open space requirement. • Existing Land Uses: The subject tract is currently vacant land. To the north are several existing light industrial uses which front on Agnes Street. To the east is an existing large auto salvage yard which is categorized as a heavy industrial use which also fronts Agnes Street. The existing auto salvage yard to the east is a non - conforming heavy industrial use located in an "I -2" Light Industrial District. To the south is an existing small lot subdivision developed as a light industrial park. To the west are vacant lands and a large freight distribution facility. • Utilities: Connection to existing utilities will be determined during the platting process. The nearest available water line is 12 inches in diameter and is located at the subject property's southwest corner. The nearest sewer line is eight inches in diameter and is located approximately 200 feet to the south on Gemini Drive. The nearest sewer manhole is located approximately 300 feet from the subject tract on Gemini Drive. During the platting process the developer will need to address any gravity line or force main sewer issues in serving the property. There is no drainage easement or right -of -way to the existing ditch located approximately 500 feet east of the subject property. Storm water runoff must be in conformance to the PIatting Ordinance • Transportation: The subject property is located on the east side of Navigation Boulevard approximately 500 feet south of Agnes Street (State Highway 44). Based on the Institute of Transportation Engineers Trip Generation Manual, 7th Edition, development of this property with a 12 acre auto salvage yard use and a 2,000 square foot building could generate approximately 90 average daily trips on weekdays and 130 average daily trips on Saturdays. Agenda Memorandum Case No. 0408 -01 (Gary Johnson) Page 2 • Access for this property is from Navigation Boulevard. Navigation Boulevard is a designated "A -3" Primary Arterial Street in the Urban Transportation Plan. Navigation Boulevard between Agnes Street and Bear Lane to the south provides one 12 foot paved lane in each direction with roadside ditches. • The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no less than twenty seconds, but less than thirty-five seconds. Level of Service is a means to assess the performance of a road system and to quantify the community's overall goals for road system performance. The Level of Service measure is based on traffic flow involving Iength of queues, traffic density (light, moderate, heavy), and congestion. This system of describing traffic conditions is hierarchical; with Level of Service "A" being the best and descending to Level of Service "F", as traffic conditions deteriorate. The current Level of Service for Navigation Boulevard is not known at this time. The Urban Transportation Plan plans average daily trips for an A3 Primary Arterial Roadway at 36,000 average daily trips. The latest traffic count information for Navigation Boulevard was acquired in 2006 by the City's Traffic Engineering Department. The average daily trips calculated in 2006 for Navigation Boulevard was 2,836 ADT. The counts on Navigation Boulevard are 8 % of the planned average daily trips for an A3 Primary Arterial Roadway. Based on historical traffic counts obtained for Navigation Boulevard between 2000 and 2006, traffic has decreased from 5,019 ADT to 2,836 ADT by 48 %. Additional trips from the proposed auto salvage yard are projected to increase the traffic on Navigation Boulevard by only 5 %. Staff analysis concludes that at current traffic levels, the zone change will have an insignificant impact on Navigation Boulevard. • Flood Hazard: The property is not located within a 100 year floodplain. • Potential Nuisances: The proposed auto salvage yard will be adjacent to existing light and heavy industrial land uses located in all directions. Potential nuisances of noise and lighting onto adjacent properties are not anticipated. • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as light industrial use. The subject property is located in the Westside Area Development Plan. The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.). Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Westside Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the Comprehensive Plan. Westside Area Development Plan (ADP) Policy Statements: C.1 - POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use decisions. The intent of the proposed land use plan is to provide for a compatible configuration of activities with emphasis on protecting residential uses from incompatible industrial and commercial activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmentally sensitive areas that should be preserved. Staff Comment: The proposed development is inconsistent with the Policy Statement C.1. However, numerous auto salvage yards exist in the Agnes Street corridor in the vicinity of the subject property including a large auto salvage yard adjacent to the east of the subject tract. Development of an auto salvage yard, although not consistent with the future land use plan, would be consistent with City efforts to promote infill development where public services and infrastructure are already in place, thereby, fostering the Smart Growth effort that has recently been mandated by City Council for all city processes and practices. Agenda Memorandum Case No. 0408 -01 (Gary Johnson) Page 3 Corpus Christi Policy Statements: GENERAL POLICY STATEMENT h. Infill development should be encouraged on vacant tracts within developed areas. Owners of vacant tracts or lots should be encouraged to develop their properties. Steps should be taken to improve the economic viability of infill development through incentives that will attract private investments. Staff Comment: This proposed development would be consistent with City efforts to promote infill development where public services and infrastructure are already in place, thereby, fostering the Smart Growth effort that has recently been mandated by City Council for all city processes and practices. GENERAL POLICY STATEMENT o. (Page 66) Industries that generate high levels of noise should be located far from residential areas. Noisy industries should be located so that they will not interfere with the peaceful surroundings of residential areas. In addition, industries with similar noise characteristics should be located, if possible, adjacent to each other so that they will be confined to certain areas. Staff Comment: The proposed location for this heavy industrial use is compatible with the surrounding light and heavy industrial uses. Notification: Of the thirty-nine (39) notices mailed to the surrounding property owners one (1) was returned in favor and three (3) (1.5 %) were returned in opposition within the 200 -foot notification area. The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. fcK FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (April 2, 2008) 3) Ordinance atat Bob Nix, AICP Assistant City Manager of Development Services PIM/Project Manager SrCP /CP Planning Director H:IPLN- DIRISHARED13everlv12008 CC\Apr '0810408- O1AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 0408 -01 City Council Hearing Date: May 13, 2008 Applicant: Gary Johnson Owner: Loeb & Co., Ltd. and the Estate of W.G. Bates d.b.a. Navigation Equities Agent: Roland Gutierrez Legal Description/Location: 10.926 acres out of J.C. Russell Farm Blocks, Block 11,Tract 11 and 1.54 acres out of J.C. Russell Farm Blocks, BIock 11,Tract 7 -B located on the east side of Navigation Boulevard approximately 500 feet south of Agnes Street (State Highway 44) From: "1 -2" Light Industrial District To: "1 -3" Heavy Industrial District Area: 12.47 acres Purpose of Request: To construct an auto salvage yard Future Land Use Plan: The future land use plan recommends light industrial uses on the subject tract. The request for a heavy industrial use is not consistent with the future land use map. A modification to the comprehensive plan could be supported due to the industrial characteristic of the areas and existing heavy industrial development to the north. Map No.: 050043 Zoning Violations: None Staffs Summary: • Request: The applicant is requesting a change of zoning on a 12.47.acre site from "I -2" Light Industrial District to "I -3" Heavy Industrial District providing for the development of an auto salvage yard. The property is presently vacant land. • History: The subject property has always been vacant and, to some degree over the years, has been used for cropland purposes. Zoning Existing Land Use Future Land Use Site "I -2" Light Industrial District Vacant land Light Industrial North "1 -2" Light Industrial District Light and Heavy Industrial Heavy Industrial South "I -2" Industrial District Light Industrial Light Industrial East "I -2" Light Industrial District Heavy Industrial - Auto Salvage Yard Light Industrial West "1 -2" Light Industrial District Vacant land Light Industrial Future Land Use Plan: The future land use plan recommends light industrial uses on the subject tract. The request for a heavy industrial use is not consistent with the future land use map. A modification to the comprehensive plan could be supported due to the industrial characteristic of the areas and existing heavy industrial development to the north. Map No.: 050043 Zoning Violations: None Staffs Summary: • Request: The applicant is requesting a change of zoning on a 12.47.acre site from "I -2" Light Industrial District to "I -3" Heavy Industrial District providing for the development of an auto salvage yard. The property is presently vacant land. • History: The subject property has always been vacant and, to some degree over the years, has been used for cropland purposes. Zoning Report Case No. 0408 -05 (Hightower Building, LLC) Page 2 • The "AB" Professional Office District provides primarily for office uses, medical and non - medical, limited personal services uses, multi- family uses with a maximum density of 36.30 units per acre and low density residential uses with a minimum 6,000 square foot lots /50 foot width. The "AB" height area and bulk requirements include a maximum height limitation of 45 feet / three (3) stories, minimum 20' front yard, a minimum 10' side and rear yard with no lot size minimum except for low density residential uses. • The "B -1" Neighborhood Business District provides for retail sales uses of a scale intended to serve the surrounding neighborhood plus all of the uses allowed in the "AB" Professional Office District. Compared with the "AB" Professional Office District, the "B -1" District also provides an expanded list of personal service uses, restaurants, fueling, 24 hour retails uses, self - service laundries, parking lots, car washes, etc. The "B -1" District does not allow auto repair uses, clubs or taverns. The "B -1" height area and bulk requirements include a maximum height limitation of 35 feet / three (3) stories, minimum 20' front yard, a minimum 10' side and rear yard when adjacent to dwellings otherwise no side or rear yard is required, and no Iot size minimum except for low density residential uses which must be on lots of at least 6,000 square feet with 50 foot widths. • Existing Land Uses: Located north of the subject property is a professional office and associated parking lot. To the south is a yoga instruction business and to the east and west are low density residential neighborhoods. • Utilities: The subject property has water and wastewater service available. • Drainage: The drainage system is fully improved in the area. Any improvements to the site may not increase drainage to adjacent properties. • Parking: The existing use has approximately 5 to .6 unmarked parking spaces in front of the building. The existing building has 1,327 square feet. The proposed use of a coffee shop would require a parking ratio of one (1) parking space per 100 square feet or 14 parking spaces. The applicant has been informed that a site plan drawn to scale showing the building and a parking layout will be required at the time of permitting. Applicant was advised to secure professional assistance to address the parking issues. Staff believes there maybe difficulty in providing adequate parking for the proposed use. Other potential uses could be established that require less parking i.e., a store, barber shop, an office, etc. If the parking for the coffee shop or some other "B -1" use cannot be provided on site the applicant has been informed of several options. These options include: obtaining a parking agreement with a neighboring "13-1" property which has more parking than the required parking for their use and is within 300 feet of the subject property; seek a reduction of required parking from the Zoning Board of Adjustment; or, utilize the building for a retail sales use requiring one parking space per 200 square feet. • Urban Transportation Plan. Everhart Road is designated an A -1 Arterial roadway with four through lanes. The most recent traffic counts for Everhart Road where completed in 2005 and show 14,306 vehicle trips per day. The Urban Transportation Plan has a goal for a Level of Service (LOS) "C" and indicates 24,000 trips per day as acceptable. LOS C means that there is stable flow of traffic with periodic delays. Delays per vehicle are no less than twenty seconds, but less than thirty -five seconds. Base on the Institute of Traffic Engineers Trip Generations rate for high - turnover sit down restaurant the proposed coffee shop use is estimated to generate less than 200 trips per day. (The ITE manual does not contain a trip generation rate for a coffee shop use.) Based on City Council Zoning Report Case No. 0408 -01 (Gary Johnson) Page 3 are 8 % of the planned average daily trips for an A3 Primary Arterial Roadway. Based on historical traffic counts obtained for Navigation Boulevard between 2000 and 2006, traffic has decreased from 5,019 ADT to 2,836 ADT by 48 %. Additional trips from the proposed auto salvage yard are projected to increase the traffic on Navigation Boulevard by only 5 %. Staff analysis concludes that at current traffic levels, the zone change will have an insignificant impact on Navigation Boulevard. • Flood Hazard: The property is not located within the 100 year floodplain. • Potential Nuisances: The proposed auto salvage yard will be adjacent to existing light and heavy industrial land uses located in all directions. Potential nuisances of noise and lighting onto adjacent properties are not anticipated. • Comprehensive Plan Consistency: The Comprehensive Plan indicates the future land use as light industrial use. The subject property is located in the Westside Area Development Plan. The Comprehensive Plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.). Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Westside Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the Comprehensive Plan. Westside Area Development Plan (ADP) Policy Statements: • C.1 - POLICY STATEMENT The City Council, hereby, adopts the Future Land Use Plan as the guide for future land use decisions. The intent of the proposed land use plan is to provide for a compatible configuration of activities with emphasis on protecting residential uses from incompatible industrial and commercial activities; the placement of commercial activities at locations with good access and high visibility; and the identification of environmentally sensitive areas that should be preserved. Staff Comment: The proposed development is inconsistent with the Policy Statement C.1. However, numerous auto salvage yards exist in the Agnes Street corridor in the vicinity of the subject property including a large auto salvage yard adjacent to the east of the subject tract. Development of an auto salvage yard, although not consistent with the future land use plan, would be consistent with City efforts to promote infill development were public services and infrastructure are already in place, thereby, fostering the Smart Growth effort that has recently been mandated by City Council for all city processes and practices. Corpus Christi Policy Statements: GENERAL POLICY STATEMENT h. (Page 18) Infill development should be encouraged on vacant tracts with developed areas. Owners of vacant tracts or lots should be encouraged to develop their properties. Steps should be taken to improve the economic viability of infill development through incentives that will attract private investments. Staff Comment: This proposed development would be consistent with City efforts to promote infill development were public services and infrastructure are already in place, thereby, fostering the Smart Growth effort that has recently been mandated by City Council for all city processes and practices City Council Zoning Report Case No. 0408 -01 (Gary Johnson) Page 4 GENERAL POLICY STATEMENT o. (Page 66) Industries that generate high levels of noise should be located far from residential areas. Noisy industries should be located so that they will not interfere with the peaceful surroundings of residential areas. In addition, industries with similar noise characteristics should be located, if possible, adjacent to each other so that they will be confined to certain areas. Staff Comment: The proposed location for this heavy industrial use is compatible with the surrounding light and heavy industrial uses. Street R.O.W. Street Type (Urban Transportation Plan) Paved Section Volume (2006)* Navigation Boulevard A -3 Primary Arterial 130 feet of Right -of -way (86 feet back to back) 2,836 ADT *Source: Texas Department of Transportation Plat Status: The property is not platted. Platting is required before a building permit can be issued for any use of this property. Department Comments: The future land use plan recommends light industrial uses on the subject property. The request for a heavy industrial use is not consistent with the future land use map. However, numerous auto salvage yards, industrial metal salvage yards, a concrete batch plant and a fabrication plant for steel buildings exist in the Agnes Street and Tex -Mex Railroad corridor within'' / mile of the subject property. Four existing auto salvage yards are located within 1/2 mile of the subject site including a large auto salvage yard directly adjacent to the east of the subject tract. Two of those four auto salvage yards are located south of Agnes Street and are within "1 -2" Light Industrial zoning districts which makes them "non- conforming" uses, that is, they are not properly zoned "1 -3" Heavy Industrial Zoning District. In light of the concentration of existing heavy industrial uses located within '/2 mile of the subject property, Staff is of the opinion that this proposed rezoning to "I -3" Heavy Industrial Zoning District is compatible with the existing land uses in this area. In addition, the closest existing residential uses to the subject property are over one mile away and will not be adversely impacted by this rezoning. If the subject property is rezoned to "I -3" Heavy Industrial Zoning District and the auto salvage yard is not developed, other permitted uses within the "I -3" Heavy Industrial District could be developed on the property. Other permitted uses include refineries, excavation pits, and sexually oriented businesses. Sexually oriented business (SOB) uses would be permitted on the front half of the subject property because the front half is beyond the 1,000 foot minimum spacing requirement for SOB uses from the nearest residential zoning district located to the southeast, which is vacant. City Council Zoning Report Case No. 0408 -01 (Gary Johnson) Page 5 In addition, development of an auto salvage yard, although not consistent with the future land use plan, would be in support of City efforts to encourage inf ll development were public services and infrastructure are already in place and would promote the Smart Growth effort that City Council has recently directed Staff to implement. Planning Commission and Staff Recommendation: Approval of the "I -3" Heavy Industrial District VI 4,1 IV 0 m El Number of Notices Mailed: 39 Favor: 2 Opposition: 3 (1.5 %) (As of April 24, 2008) Attachments: 1. Neighborhood — 2006 Aerial 2. Neighborhood — Existing Land Use 3. Neighborhood — Future Land Use 4. Site -- 2006 Aerial 5. Site — Existing Zoning, Notice area, Ownership 6. Comments received from Public Notices mailed 7. Notice Mailing List 8. City Charter — Article V- Planning H:1PLN- D1RISHARED1Beverly12008 PC12008 Zoning ReportlAprilACC10408 -01 Gary Johnson.doc s�• avAa F ON 1§601011 Mai bbl IT CASE # 0408 -01 1. NEIGHBORHOOD - 2006 AERIAL Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com *.� � • :Aide ii lig_" le �j --nom a/41 1E09 i ...14: illhirp! 11:4517741 pi;,:iiihmi Ail -- ere City of Corpus i III V G 1 Christi 1i.. AV ,skk 11i1r uUi; :ir21.1 „u CASE # 0408 -01 2. NEIGHBORHOOD - EXISTING LAND USE Estate Residential. • ER Low Density Residential. - LDR Med Density Residential. - MDR High Density Residential. - NOR Mobile Home - MH Vacant - VAC Professional Office - PO Commercial - COM Light industrial - LI Heavy industrial - HI Public Semi- Public - PSP CASE # 0408 -01 3. NEIGHBORHOOD - FUTURE LAND USE Agricultural /Rural • AR Tourist - TOR Estate Residential - ER ® Research/Business Park - RBP Low Density Res. - LDR Light Industrial - Li ME Med Density Res. • MDR Efili Heavy Industrial - HI ® High Density Res. - NOR - Public Semi-Public - ASP ® Mobile Home - MH ® Park Vacant • VAC = = k'•i Drainage Corridor - DC Professional Office - PO afj Dredge Placement - DP Commercial- COM n Water Conservation/Preservation • CP Val LDR Transportation Plan Exisring Proposed - Arterials ----• - Collectors •- - -• mama Expressways saa[ai Parkway +++!-f Railroad i�lEitslll!�' :011141 I® ij ■ I rrre r icy eft: lrill epeggillib • ii ,:l,la !,12+7:1 I.dt'7 !':t4 t • iTtalsrm t mar •' � CASE # 0408 -01 4. SITE- 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.com MCBRIDE rEx NAVIGATION IND PARK SfEX RA!LWA WESTSIOE INDUSTRIAL NDUST TRACT C C INDUSTRIAL DISTRICT # RA•ROS PALMS TRACT 3 C3) RUSSELL FARM TR STRIAL AREA RUSSELL FARM TR 250 '- '_'5U0 24 23 2 5 21 20 19 18 0 ST ELENA CASE # 0408 -01 5. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP A-1 A -IA 12 AB AT B -1 B-IA &2 B-2A Bra B -J B-5 B-c BD F -R 11C Apartment House District Apartment House District Agadmeet House District Prdessipnal Office Distinct ?,Paitmenl- Tourist District Neighhahood Business District tleiijllwrhood Business District Bayfronl Business Dishict Barrier Island Business District Business District General Business District Primarl Business District Primary Business Cxe District Corpus Christi Beach Design Cis', Farm Rural Oistroet hisloncat- CulturAl Landmark Presenratico s -1 Limited Industrial District 1 -.T Light Industrial District 1.3 Heavy Industrial District PUD Planned Unit Development R -1 A One Family Dwelling District R -1$ One Family Dwelling Dislriel R -1C One Family Dwelling District R -2 Muriple Dwelling District RA One Family Duelling District RE Residential Estate District R -TH Tohnhouse Dwelling District SP Special Permit T -1A Travel Trailer Palk Di= -tricl T -IB Manufactured Home Part Cistncl T - IC Manufactured Hone Subdr.ision District Sabract Property �rrrter; �it1:' huller in favO* 4 O,,:ners Icahn', 200' +fisted Ort v C.'wners a ached nvrrership table " in opposition R -1B 3/18/2008 Prepared 8y: SRR Drrrment of Development Services COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No:0408 -01 Name: Gary Johnson Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 39 0 I. Notices returned from within the 200 -foot notification area: Favor: 2 #21, T.R. Stewart, 4802 Gemini Street "No objections." Loeb & Company, owner, 921 N. Chapparral #100 "Good use of the property!" Opposition: 3 (1.5 %) #12, #13 & #14-Rudy Alexander & Joseph Henry Lewis, 4910 Gemini Street "An auto salvage yard next to us will decrease our property values and increase an already existing rodent problem." II. Responses received from outside the 200 -foot notification. area: Favor: Opposition: 0 III. Responses received from owners /applicants of subject area: Favor: 0 Opposition: 0 H:1PLN- DIR\SHARED'Beverly12008 PC12008 Public Comments10408- 01.doc {.��yb� �yy �ppy.pp1 pWp�yppi "�NawrNd �.- omyym�� Wv mwm toAwN��Oyy �OmYm�T pAwN�o Iml W I E E E W m W W mmm (D m 00 wm 0 m� m U Y V V W W W W `dpi o, 2 SS o 0 g DDSs x a 1 . . - o 0 (.4 n000O0000rAQ T n m° (� N (�1 n LN na DDDO(IIrrA(� rr� Opp o a o o o o o o o o m N Op 5 O C O i r r r C p 0 0< O O O A A ➢ 40 3 3 34 3 33 3 3 3 om.Z y y m x p ACC <i «cmmz_Q=TAP0T'n O Tc Cmroc V C4 33_3 3 333 00 O O m g g g ft DDD -1AAm ( 00( -zimm D -1mmmtm4Ne0m (�i1 Z ._. .- !» m m z 2 Z Z Z Z 2 N N r m N DD A p A A Z Z z 2 r r A N $S$- u o m w a. .0 0 o'0 �0 0 0 3 d m smcmccm009pmp " -. 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W w -14 -14 N i-i -i -1-1-1-1 4 D fAA w W 4-1 �O m Y m A W m V m (n z z m o W " D m Y m N A W N- 9 O m mmm 0 m m m m m 4-1 c MW W mXJCS XtnX QsmmmmmmmmmXXX>< -1z zCO xx XXNNNM NN!`XXXXXXXX .a M2 i �+ Mn) AC �p�ppNp- N P W N y1 y N >013,0" a n rr3NOppm 0....,,w X i 90x JmC p A `1 -m ; m 0 F ma::I=J Nrapp . Aas _ 0m tN,Tt , N Nm Nw m ! P A, P sO Gi WpNNmNN Om OmAaJ N ;m T Oi Nw ~ 5. wnm TNA Jwm VQ AOOioW p W mpE-- pmNWpm- N ppn mW 0mApm- mm nm V E pN mmmSV NW e O N o 0 0 0 p p � Oy o o 0 0 0 0 o V OV O O O O O 0 O O-1 ,mmm pp mN C+ -' 9y 5, 0 O-' Sm0ICNC W 'SN W kNA sim � il""1""'- VV t &g"mI 000002!0200000000 000000000000000z z 0 Attachment 8 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday April 2, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Atilano J. Huerta John C. Tamez Johnny R. Martinez Evon J. Kelly *Arrived at 5:46 p.m. David Loeb Govind Nadkarni ABSENCES: Rudy Garza, Vice - Chairman James Skrobarczyk STAFF: Bob Nix, AICP Assistant City Manager of Development Services Faryce Goode- Macon, Assistant Director of Development Services /Planning Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Annissa Garrett, Special Assistant Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang- Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Stone at 5:30 p.m. IV. ZONING 1. New Zoning Commissioner Loeb stated he would be abstaining on Case No. 0408 -01 -Gary Johnson, and excused himself from the quorum. a. Case No. 0408 -01, Gary Johnson: A change of zoning from an "I -2" Light Industrial District to an "1 -3" Heavy Industrial District resulting in a change of land use designation from light industrial to heavy industrial for an auto salvage yard 10.926 acres out of JC Russell Farm Blocks, Block 11, Tract I 1 and 1.54 acres out of JC Russell Farm Blocks, Block 11, Tract 7 -B located on the east side of Navigation Boulevard approximately 500 feet south of Agnes Street (SH 44) Mr. Mic Raasch, City Planner, presented the above case via Power Point, stating the applicant is Gary Johnson and the subject property is 12.47 acres located on the east side of Navigation Boulevard approximately 500 feet south of Agnes Street (SH 44). Mr. Raasch stated the applicant is requesting a change of zoning from an "I -2" Light Industrial District to a "I -3" Heavy Industrial District. Mr. Raasch stated the existing land use in the area is light and heavy industrial uses to the north and south and heavy industrial to the east. Mr. Raasch stated the heavy industrial to the east is an existing auto salvage yard, which is what the applicant intends for the subject property. Mr. Raasch stated there are several auto salvage yards in the vicinity, as well as BFI, concrete batch Planning Commission Minutes April 2, 2008 Page 2 plants, fabrication yards and other heavy industrial uses. Mr. Raasch stated that the Future Land Use Plan calls for light industrial uses for the subject property. Mr. Raasch stated that a light industrial district is intended primarily for light manufacturing, fabricating, warehousing and wholesale distribution and that the "I -2" and "I -3" districts prohibit residential development, and both allow for outdoor storage with required screening. The "I -3" Heavy Industrial District provides for industrial operations of all types except that certain potentially hazardous industries are permitted only after a public hearing to assure protection of the public interests in surrounding property owners. Mr. Raasch further stated that if approved for the "I -3" Heavy Industrial District, sexually oriented businesses could be permitted because the subject property exceeds the minimum distance required from residential districts, schools, churches, and other such uses. Mr. Raasch stated that thirty-nine public notices were mailed to surrounding property owners with three returned in favor and three returned in opposition. Staff recommends approval. Public hearing was opened. Mr. Roland Gutierrez, 603 Urban Loop, San Antonio, Texas, 78204, came forward in support of the request, representing the applicant. Mr. Gutierrez stated the applicant operates out of Arkansas and has been in business since 1991. Mr. Gutierrez stated there are two yards in Arkansas and one in San Antonio. Mr. Gutierrez stated that the auto salvage business has taken on many different "looks" over the years and the applicant still owns some of the older, unsightly yards throughout Texas and in other states. Mr. Gutierrez stated the operation before the Commission is different from those, and is a "green" operation from start to finish. Mr. Gutierrez stated that as the cars are taken in, they recover all fluids, including Freon, oil, and gasoline and recycle where possible, following all TCEQ requirements. After being processed, the vehicle is put on the lot and the public is allowed to come in and pull the parts they need. Mr. Gutierrez stated their clientele is typically lower income clientele who service their own vehicles, or mechanics that do that kind of work, and it gives them the opportunity to buy affordable auto parts. Mr. Gutierrez stated that after 90 days, every car is crushed and they only crush three days per month. Mr. Gutierrez stated their car crusher is portable and that is why the applicant's operation does not have the unsightly conditions of a typical salvage yard. Mr. Gutierrez stated the applicant works at being a good neighbor in the communities it does business in and makes it a point to avail themselves to help establish junk car ordinances in the communities they do business. In response to Commissioner Tamez, Ms. Faryce Goode- Macon, Assistant Director of Development Services, stated that an "I -2" Light Industrial District with a Special Permit was considered, however, staff felt that the "1-3" Heavy Industrial District would be an appropriate recommendation. Ms. Goode -Macon further stated that there are many uses in the area that are candidates for "1 -3" Districts, and staff is investigating whether the Future Land Use Plan needs to be revised to heavy industrial use district. Planning Commission Minutes April 2, 2008 Page 3 In response to Commissioner Tamez, Ms. Goode -Macon stated that possible language for a special permit on an "1 -2" District might be hours of operation, lighting setbacks, landscaping, and the type of fencing. Mr. Gutierrez stated the applicant will comply with all requirements from signs to landscaping and will even go above and beyond. Commissioner Tamez stated the reason he suggests a special permit has nothing to do with this applicant, but with the fact that if for some reason this project fell through the city would be left with a piece of property zoned "I -3" and subject to all "I -3" uses. Mr. Leon Loeb, 921 N. Chapparral, came forward in favor of the request, stating that his family partnership along with a trust for his nephew and Bill Bates' estate are the owners of this property and that they purchased in 1974, sold off the Agnes Street frontage lots in the mid -80's. The property has been vacant since. Mr. Loeb stated it is great to have a prospective user for the property and people with a fresh approach to business. Mr. Loeb stated the community has a lot to gain and little to lose by approving this zoning and Mr. Loeb promised the Commission that if the property is rezoned and this project falls through, he will not put a topless bar on the property. In response to Commissioner Martinez, Mr. Loeb stated all the access is from Navigation Boulevard. In response to Commissioner Huerta, Mr. Raasch stated the small piece of land behind the subject tract showing "vacant" belongs to Ryder Truck which fronts on Agnes Street and is not being used at this time. Mr. Gary McGregor, 4826 Gemini, came forward in opposition to the request, stating he and neighbors are concerned about drainage in the area and whether this development would have an impact on that. Mr. McGregor stated they are also concerned about the right -of -way and the storage of hazardous chemicals. Ms. Goode -Macon stated that to store hazardous chemicals would require another board to review along with the Fire Marshall and a public meeting would be held. Ms. Goode -Macon stated that drainage issues are addressed during the platting process or construction plan review. Ms. Goode -Macon stated that codes in effect at this time would apply to that property to ensure that the post - development runoff is no more than the pre - development runoff, and if it is, how it will be contained. In response to Commissioner Huerta, Ms. Goode -Macon stated that it is the type of chemical, not the quantity, that triggers the requirement of going before the Zoning Board of Adjustment. Public hearing was closed. Motion to approve was made by Commissioner Martinez and seconded by Commissioner Tamez. Motion passed unanimously with Vice - Chairman Garza and Commissioner Skrobarczyk being absent and Commissioner Loeb abstaining. 11:1PLN- DIRISHAREDIBEVERLY12008 CCIAPR'0810408- OIMINUTES.DOC Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY GARY JOHNSON, BY CHANGING THE ZONING MAP IN REFERENCE TO 10.926 ACRES OUT OF J.C. RUSSELL FARM BLOCKS, BLOCK 11, TRACT 11 AND 1.54 ACRES OUT OF J.C. RUSSELL FARM BLOCKS, BLOCK 11, TRACT 7 -B, FROM "I -2" LIGHT INDUSTRIAL DISTRICT TO "1 -3" HEAVY INDUSTRIAL DISTRICT; AMENDING THE ZONING MAP; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Gary Johnson, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 2, 2008, during a meeting of the Planning Commission, and on Tuesday, May 13, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on 10.926 acres out of J.C. Russell Farm Blocks, Block 11, Tract 11 and 1.54 acres out of J.C. Russell Farm Blocks, Block 11, Tract 7 -B, located on the east side of Navigation Boulevard approximately 500 feet south of Agnes Street (State Highway 44), from "1 -2" Light Industrial District to "1 -3" Heavy Industrial District. (Zoning Map 050043) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. F IALEG- DIR \SharedWaylAgenda 1200815- 131ORD- zoning0k08 -01 Johnson- RussellFarmBlocks.doc Page2of3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. 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 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of May, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: May 5, 2008 R. Ja einr First Assistant Ci Attorney For City Attorney H:1LEG -DI R15hared\JayWgenda1200815- 1310RD- zoning0408 -01 Johnson- RussellFarmBlocks.doc Page 3 of 3 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H:1L EG -DI R\S haredJay\ Agenda1200815- 131ORD- zoning0448 -01 Johnson - Russell FarmBlacks.doc Ca4 o4-oe -oI RVE, Inc. engineering- diving- surveying May 5, 2008 760 -08004 PROPERTY DESCRIPTION STATE OF TEXAS COUNTY OF NUECES Field notes of a 12.464 acre tract being 10.919 acres out of J. C. Russell Farm Blocks, Block 11, Tract 11 and 1.545 acres out of J. C. Russell Farm Blocks, Block 11, Tract 7 -B, a map which is recorded in Volume 28, Pages 58 -59, Map Records of Nueces County, Texas. Said 12.464 acre tract of land is situated in Nueces County, Texas approximately 4 miles east of Corpus Christi, Texas and is described by metes and bounds as follows: BEGINNING at a 5/8" iron rod found at east right of way of Navigation Boulevard and the northwest corner of the Starcrest Place, Unit No. 1, a map which is recorded in Volume 38, Page 13, Map Records of Nueces County, Texas for the POINT OF BEGINNING and southwest corner of said 12.464 acre tract; THENCE N 00 °01'44" W along the east right of way of said Navigation Boulevard and west line of this tract, a distance of 373.72 feet to a 5/8" iron rod found at the point of tangency of a curve to the left with a radius of 931.46 feet and a central angle of 11 °26'40" for a comer of said 12.464 acre tract; THENCE along said east right of way and curve to the left, a distance of 186.05 feet to a 5/8" iron rod with cap set at the end of said curve and corner of said 12.464 acre tract; THENCE N 11 °28'24" W along the east right of way and west line of this tract, at 34.20 feet pass the south line of said 5.169 acre tract, in all a distance of 161.29 feet to a 5/8" iron rod found at the southwest comer of Lot 3, Block 1, Blue Chip Industrial Tracts, a map which is recorded in Volume 47, Page 28, Map Records of Nueces County, Texas for the northwest comer of said 12,464 acre tract; 820 Buffalo St., Corpus Christi, Texas 78401 -2216 P0. Box 2927, Corpus't hristi, Texas 78403 -2927 phone: 361.887.8851 fax: 361.887.8855 a -mall: rve @rve- inc.com iebsite: www.rve- inc.com 4Fo4c8-ol Property Description May 5, 2008 Page 2 THENCE N 89 °59' 15" E along the south line of said Lot 3, Block 1 and the north line of this tract, a distance of 250.63 feet to a 5/8" iron rod found for an angle corner of said Lot 3, Block 1 for an angle comer of said 12.464 acre tract; THENCE North, a distance of 26.00 feet to a 5/8" iron rod found for an angle corner of said Lot 3, Block 1 for an angle comer of this 12.464 acre tract; THENCE N 89 °59' 15" E along the south line of said Lot 3, Block 1 and north line of this tract, a distance of 250.23 feet to a 5/8" iron rod with cap set at the southeast corner of said Lot 3, Block 1 and west line of a 2.225 acre tract recorded in Document No. 984013, Deed Records of Nueces County, Texas for an angle corner of this 12.464 acre tract; THENCE S 00 °04'26" W along the west line of said 2.225 acre tract and upper east line of this tract, a distance of 150.53 feet to a 5/8" iron rod found at the southeast comer of said 5.169 acre tract, also the southwest comer of said 2.225 acre tract for an angle corner of this 12.464 acre tract; THENCE N 89 °55'55" E along the south line of said 2.225 acre tract and north line of this tract, a distance of 350.16 feet to a 5/8" iron rod found at the west line of Twin Palms • Tract, recorded in Volume 36, Page 52, Map Records of Nueces County, Texas, also the southeast corner of said 2.225 acre tract for the northeast corner of this 12.464 acre tract; THENCE S 00 °01'29" W along the west line of said Twin Palms Tract and east line of this tract, a distance of 592.59 feet to a 5/8" iron rod with cap set at an angle corner of said Starcrest Place Unit No. 1 for the southeast corner of this 12.464 acre tract; THENCE West along the north line of said Starcrest Place Unit No. 1 and south line of this tract, a distance of 799.69 feet to the POINT OF BEGINNING of this tract, containing 12.464 acres. 1, Albert E. Franco, Jr., Registered Professional Land Surveyor of Texas, do hereby certify that this description is based on an actual survey made on the ground, under.y r.:. supervision, this the 5th day of May 2008. xy ' . Registered Professional Land Surveyor Texas Registration No. 4471 F CC Ci F Z m- od u• 0 K • J I- IO M Ds w1! 0 is_ j co to > J 1�91 c r feibli x 'ZS '7d '9E 'IOA S�L10 Ni# 8"OZ !�?f2L SW'Ld '_ 0 z US -J I I ,6S'Z6S M..6 ,10.00S les L b4 o0'9zi RL ON • i I i I W 12.464 ACRES C1 ,ZC£L£ N4 **,1. O.00N m I l Ic - 6$' A-Iraaa mcourtermAvra Wcgs b \ AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 13, 2008) Case No. 0408 -02, Danyce M. Kninna & John H. Bradshaw: A change of zoning from an "A -2" Apartment House District to a "B -5" Primary Business District resulting in a change of land use designation from medium density residential to commercial on property described as Chamberlin's Block 7, Lot 7 and the west one -half (W /2) of Lot 8 and South Bluff Block 14, Lots 4 and 5, located on Agnes Street approximately 160 feet east of Staples Street and located on Laredo Street approximately 150 feet east of Staples Street. Planning Commission & Staff's Recommendation (Avail 2, 20081: Approval of the "B -5" Primary Business District. Summary: • Request: The applicant is requesting a change of zoning on 0.52 acres from "A -2" Apartment House District to "B -5" Primary Business District. The applicant proposes to expand an existing used car sales business currently located at the corner of Staples Street and Agnes Street. The applicant has not determined the timing for the expansion of the business, but has indicated the expansion would accommodate approximately forty (40) vehicles. The applicant states the auto sales establishment is a family business. The applicant proposes all lighting, paving, landscaping, and signage in accordance with City ordinances. • Zoning: The current zoning on the subject property is "A -2" Apartment House District. The "A -2" District is the highest density residential district. This district permits uses such as multiple - family dwellings, assisted living facilities, Hospitals, nursing homes and homes for the aged, but not including animal hospitals, penal and mental treatment institutions, office buildings or clinics. The "A -2" District permits a maximum density of 36.30 units per acre. The minimum front yard setback is twenty (20) feet with a minimum of ten (10) foot side and rear yards for one story structures, plus Live (5) feet for each additional story. The maximum height of dwellings may be sixty (60) feet. The minimum open space requirement in the "A -1" District is 30% of the total lot area. • The "B -5" Primary Core Business District is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. Examples of uses permitted in the "B -5" District include multifamily residential, restaurants, auto sales, and hotels. The "13 -5" District does not have a front yard setback. There are no side or rear setbacks, unless adjacent to a residential district, which would require a ten (10) foot side and rear yard setback. The "3-5" District does not have a maximum building height. The subject property has residential adjacency to the east. • Parking Requirements: According to Section 22 -1 of the Zoning Ordinance, an automobile sales establishment requires a minimum of 1 parking space per 400 square feet of floor area. The existing office building is approximately 500 square feet. Therefore, a minimum of two (2) parking spaces are required. Case No. 20408 -01 Gary Johnson Subject property is located on the east side of Navigation Boulevard and approximately (300) feet south of Agnes Street (HVVY 44) From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District Location of Site 4J13:-JE 0 PROPERTY %**Atiii mit amiumurnimum iinian I= IOU — moos 011 Ira= rani am Emu 1111 sorimanumamm 1LOCATION MAP City of Corpus Christi Existing Land Use Map VAC II VAC 0 VAC VAC rs: A 200 400 800 Feet ,It1LLL1 I�I-�7FI+TI �� L1-1 � rr , T S J A N E L E A _ E A � vNL VAC VAC iI I C 2006 Aerial Photograph Agnes Street Subject Property t "I -2" Light - Industrial District • This district is intended primarily for light manufacturing, fabricating, warehousing, and wholesale distribution. • This district prohibits residential development. • Twenty (20) foot front yard setback with no side or rear setback requirements when fire rated construction is utilized. • Any and all outside storage must be screened form public view. "I -3" Heavy - Industrial District • This district provides for industrial operations of all types except that certain potentially hazardous industries are permitted only after public hearing and review to assure protection of the public interest and surrounding property. • Only district which allows for the location and operation of a Sexually Oriented Business (SOB) • This district prohibits residential development. • Twenty (20) foot front yard setback without side or rear yard setbacks. No height or floor story limit. • Any and all outside storage must be screened form public view. Subject Property looking north east from Navigation Boulevard Subject Property looking east from Navigation Boulevard Subject Property looking south east from Navigation Boulevard In front of the Subject Property looking south on Navigation Boulevard In front of the Subject Property looking south west and across Navigation Boulevard In front of the Subject Property looking west and across Navigation Boulevard In front of the Subject Property looking north on Navigation Boulevard It Future Land Use MCBRIDE'' PARTITION WEST Notice Map T` DE AL DIST /', TEX ME X RAILWAY NAVIGATfO.N IND'. PARK LISTRIAL. U,STR/A,L SALVAGE CO TRACT' A w .N 4 CHIP LEST TRACT' DUSTRFAL p15 T R..A - R t}... S N+D SIT Tf PALMS: TRACT E ) TRIAL AREA; Subject Property 37 4 L Owners within 200 feet listed on attached ownership table Owners in favor 16A Owners in opposition 17 18 Feet IS T ELENA, FARM' Prepare nt of Developmen Existing Land Use Map VAC II VAC 0 VAC VAC rs: A 200 400 800 Feet ,It1LLL1 I�I-�7FI+TI �� L1-1 � rr , T S J A N E L E A _ E A � vNL VAC VAC iI I C Staff Recommendation • Approval of the "I -3" Heavy Industrial District. Case No. 204080 -01 Gary Johnson Subject property is located on the east side of Navigation Boulevard and approximately (300) feet south of Agnes Street (HVVY 44) From: "I -2" Light Industrial District To: "I -3" Heavy Industrial District end 18 AGENDA MEMORANDUM PUBLIC HEARING — ZONING (City Council Action Date: May 13, 2008) Case No. 0408 -02, Danyee M. Kninna & John H. Bradshaw: A change of zoning from an "A -2" Apartment House District to a. `B -5" Primary Business District resulting in a change of land use designation from medium density residential to commercial on property described as Chamberlin's Block 7, Lot 7 and the west one -half (W /2) of Lot 8 and South Bluff Block 14, Lots 4 and 5, located on Agnes Street approximately 160 feet east of Staples Street and located on Laredo Street approximately 150 feet east of Staples Street. Planning Commission & Staff's Recommendation (April 2, 2008): Approval of the "B -5" Primary Business District. Summary: • Request: The applicant is requesting a change of zoning on 0.52 acres from "A -2" Apartment House District to "B -5" Primary Business District. The applicant proposes to expand an existing used car sales business currently located at the corner of Staples Street and Agnes Street, The applicant has not determined the timing for the expansion of the business, but has indicated the expansion would accommodate approximately forty (40) vehicles. The applicant states the auto sales establishment is'a family business. The applicant proposes all lighting, paving, landscaping, and signage in accordance with City ordinances. • Zoning: The current zoning on the subject property is "A -2" Apartment House District. The "A -2" District is the highest density residential district. This district permits uses such as multiple - family dwellings, assisted living facilities, Hospitals, nursing homes and homes for the aged, but not including animal hospitals, penal and mental treatment institutions, office buildings or clinics. The "A -2" District permits a maximum density of 36.30 units per acre. The minimum front yard setback is twenty (20) feet with a minimum of ten (10) foot side and rear yards for one story structures, plus five (5) feet for each additional story. The maximum height of dwellings may be sixty (60) feet. The minimum open space requirement in the "A -1" District is 30% of the total lot area. • The "B -5" Primary Core Business District is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. Examples of uses permitted in the "B -5" District include multifamily residential, restaurants, auto sales, and hotels. The 13-5" District does not have a front yard setback. There are no side or rear setbacks, unless adjacent to a residential district, which would require a ten (10) foot side and rear yard setback. The "8-5" District does not have a maximum building height. The subject property has residential adjacency to the east. • Parking Requirements: According to Section 22 -1 of the Zoning Ordinance, an automobile sales establishment requires a minimum of 1 parking space per 400 square feet of floor area. The existing office building is approximately 500 square feet. Therefore, a minimum of two (2) parking spaces are required. Agenda Memorandum Case No. 0408 -02 (Knippa & Bradshaw) Page 2 • Existing Land Uses: South Bluff Lots 4 and 5 of the zone change request are currently vacant. Chamberlin's Lots 7 and west half of Lot 8 of the zone change request are currently zoned "A -2" Apartment House District. The existing used car sales business is currently located on Chamberlin's Lots 1 through 6 to the west which are zoned "B -5" Primary Business. Vacant and commercially zoned "B -5" Primary Business District is located north of the subject property. Medium density residential development and vacant lots are located south of the subject property and zoned "A -2" Apartment House District. To the east there are two single family dwellings on property zoned "A -2" Apartment House District. • Utilities: An 8 -inch wastewater line is located on Agnes Street and on Laredo Street. A 2 -inch water line is located on Laredo Street and an 8 -inch water line is located on Agnes Street. The planned expansion of the car sales.: business currently does not involve expansion of the existing office building. It only involves additional areas for the parking of the vehicles; therefore additional utilities are not expected. • Transportation/Traffic Impact Study: The subject property is located on Agnes Street approximately 160 feet east of Staples Street and located on Laredo Street approximately 150 feet east of Staples Street. Laredo Street and Agnes Street are both designated as Al Minor Arterial Roadways in the Urban Transportation Plan. The minor arterial provides for citywide and inter neighborhood traffic mobility but functions at a lower level then the secondary arterial. The primary emphasis is on traffic movement with more emphasis on land access then the secondary arterial. According to the Institute of Transportation Engineers Trip Generation Manual, 7th Edition, the proposed car sales business could generate the peak hour trips and average daily trips on the following table (based on Code 841 New Car Sales, since a "used car sales" land use is not available.) The existing office building on the lot is approximately 500 square feet. The calculated trips are based on 500 square feet of gross floor area (the size of the existing office building.) Average Daily Trips (ADT) Peak Hour Trips Weekday Saturday Sunday Weekday Saturday Sunday 1 6.67 ADT 10.5 ADT 5.24 ADT 1.10 ADT (AM) 136 ADT (PM) 1.45 ADT N/A • The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no less than twenty seconds, but less than thirty-five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. The Level of Service measure is based on traffic flow involving length of queues, traffic density (light, moderate, heavy), and congestion. This system of describing traffic conditions is hierarchical; with Level of Service A being the best and descending to Level of Service F, as traffic conditions deteriorate. The current Level of Service for Agnes and Laredo Streets is not known at this time. The Urban Transportation Plan plans average daily trips for an Al Minor Arterial Roadway at 24,000 average daily trips. The latest traffic count information for Laredo Street and Agnes Street (SH 44) was acquired in 2007 by the City's Traffic Engineering Department. The average daily trips calculated in 2007 for Laredo Street was 2,622. The average daily trips calculated in 2007 for Agnes Street was 3,235. The counts on Laredo Street are 11% of the planned average daily trips for an Al Minor Arterial Roadway. The counts on Agnes Street are 13.4% of the planned average daily trips for an A 1 Minor Arterial Roadway. Based on previous traffic counts obtained for Agnes Street in 2001, traffic has decreased on Agnes Street by 23 %. Based on previous traffic counts obtained for Agenda Memorandum Case No. 0408 -02 (Knippa & Bradshaw) Page 3 Laredo Street in 2003, traffic has increased on Laredo Street by 7.2 %. The car sales business currently contributes approximately 17 average daily trips on a weekday; 11 average daily trips on a Saturday and 5 average daily trips on a Sunday on the roadway system. Additional trips are not expected unless the office building is expanded, since the Institute of Transportation Engineers Trip Generation Manual bases the calculation of trips on gross floor area for a car sales business. Staff analysis concludes that at current traffic levels, the zone change will have an insignificant impact on Agnes and Laredo Streets. • Infrastructure Demand: A comparison of infrastructure demands with commercial and residential development is as follows: • Water and Wastewater: Based on a study prepared by Broward County, Florida (Source: Broward County, Florida Water and Wastewater Engineering Division, "Guidelines for Determining Ability to Provide Potable Water and Sanitary Sewer Service," January 18, 2007), the demand on water for a commercial development is 154 gpd /unit for 1,000 sf of gross building area as opposed to 280 gpd/residential unit. The demand on wastewater for a commercial development is 138 gpolunit for 1,000 sf of gross building area as opposed to 250 gpd/residential unit. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as commercial. The subject property is located in the Westside Area Development Plan. The comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Westside Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the comprehensive plan: Westside Area Development Plan (ADP) Policy Statements: COMMUNITY DEVELOPMENT— POLICY STATEMENT B.7 The City should take a leading role in redeveloping Agnes Street and the Agnes/Laredo Corridor. Historically, the area has been a focal point of the Hispanic community; it contains the proposed Hispanic Arts Center site and is one of the "gateways" from the airport into the city. D) Other design objectives to be a part of, but not limited to, the redevelopment of the Agnes /Laredo Corridor are: 1. Landscaping for existing establishments. Staff Comment: The subject property is located on the Agnes/Laredo Corridor. Landscaping is recommended for existing establishments. Article 27B- 3.02.0 Existing Development of the Zoning Ordinance requires landscaping because there in an increase in vehicular use area by 3,500 square feet and more than 6.5 percent of the existing vehicular use area is in the street yard(s). Vehicular use area is defined as "All areas, regardless of surfacing, in which vehicles are parked, serviced, stored, or through which they are driven. Included are drives, paved pads for vehicular or equipment storage, used and new car display areas, service drives for gas stations, etc." Laredo and Agnes Streets are arterial roadways, which would permit a single tenant freestanding sign with a sign area of 200 square feet and a sign height of 40 feet. Agenda Memorandum Case No. 0408 -02 (Knippa & Bradshaw) Page 4 LAND USE /ZONING — POLICY STATEMENT C.3 The City should evaluate zoning districts where existing zoning should be changed to implement the Land Use Plan. Adoption of this plan policy will not immediately change any zoning, but it will accomplish the first of at least a three step process. The next step would include a more specific study of each individual property and a staff recommendation to the Planning Commission regarding each property. As the third step, the Commission could then initiate the rezoning process for all, some, or none of the properties. Staff Comment: The zone change request to "B -5" Primary Business District will implement the Future Land Use Map which indicates the subject property for commercial uses. The zone change is consistent with Policy Statement C.3. TRANSPORTATION - POLICY STATEMENT D.2 The Planning Department and the Traffic Engineering Division should work with the State Department of Highways and Public Transportation to plan for lighting, signage, landscaping, and beautification of those roadways which are main "gateways" in to the city: A) Agnes Street, portions of Laredo Street from Corpus Christi International Airport to the Bayfront. Staff Comment: The subject property of the zone change is located along this segment of Agnes Street. The applicant will be required to provide landscaping subject to Article 27B.3.02.C. Laredo and Agnes Streets are arterial roadways, which would permit a freestanding sign with a sign area of 200 square feet and a sign height of 40 feet. Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a guideline for future development. Policies applicable to the proposed zone change request are as follows: Corpus Christi Policy Statements: • General Policy b: DEVELOPMENT SHOULD BE FOCUSED AROUND THE CENTRAL BUSINESS DISTRICT AND SEVERAL OTHER HIGH - DENSITY BUSINESS AREAS. Traditionally, cities have developed around one central area, usually referred to as the central core, with bands of development occurring with less intensity as the distance increases from the core. Corpus Christi was characterized by such a pattern, but as the city expanded at the fringe and as the city annexed neighboring developments, the downtown area began to share its market with outlying business centers and other satellite areas. Most communities originated with a central core or business district and gradually expanded outward, developing other core or activity centers. While the city should strive to maintain the Central Business District, it must do so in a manner that will still permit other activity centers. If carefully planned, dispersed activity centers can provide amenities at convenient locations without destroying the opportunity for an attractive and viable central business district. Several advantages of this urban form are that: 1. Traffic flows are more uniformly distributed through the city allowing for a less congested use of roadways; 2. It permits citizens to live closer to their place of work and to major shopping areas; and Agenda Memorandum Case No. 0408 -02 (Knippa & Bradshaw) Page 5 3. It allows for high density areas, which otherwise would be found only in the downtown area, to be spread strategically across the city and, in the process, reduces crowding and intense use of city arterials and utilities at the central core. Staff Comment: The proposed zone change is consistent with General Policy b. The applicant proposes expansion of an existing car sales business. The property is located around the Central Business District. • General Policy f: THE DENSITY OF DEVELOPMENT IN AN AREA SHOULD BE DIRECTLY RELATED TO THE DESIGN CAPACITY OF THE INFRASTRUCTURE. The master plans for water, drainage, streets, gas and wastewater are based on a projected density of commercial and residential development. Problems occur when the actual density of development exceeds projected levels. Therefore, the projected densities utilized in making these plans need to be based on a thorough and realistic analysis of growth patterns and actual market trends, with a built in margin of safety. Actual development should be monitored against these projections to point out potential problem areas well in advance. Staff Comment: The expansion of the car sales business proposes to use the subject lots for the location of additional vehicles. Expansion of infrastructure is not expected at this time. Notification: Of the thirty-nine (39) notices mailed to the surrounding property owners three (3) were returned in favor and zero (0) were returned in opposition. The 20% rule is not invoked. This case is considered non - controversial. State law 20% rule is invoked when property owners who own 20% of the land within the 200 foot radius of the subject property are opposed. Invoking the 20% rule requires a three - quarters favorable vote of the City Council for a change of zoning to be approved, rather than a simple majority. Unless such proposed change is approved by the Planning Commission such change shall not become effective except by a favorable vote of a majority plus one of the City Council present and voting. Bob Nix, AIC Assistant City Manager of Development Services FGM/blp Attachments: 1) Zoning Report 2) Planning Commission Minutes (April 2, 2008) 3) Ordinance PIM/Project Manager SrCP /CP Planning Director '�� H:1PLN- DIRISH ARED\Beverly12008 CC1Apr'0810408- 02AGENDAMEMO.doc CITY COUNCIL ZONING REPORT Case No.: 0408 -02 City Council Hearing Date: May 13, 2008 Applicant: Danyce M. Knippa and John H. Bradshaw Owner: Danyce M. Knippa and John H. Bradshaw Representative: Danyce M. Knippa Legal Description/Location: Chamberlin's Block 7 Lot 7 and W/2 of Lot 8 and South Bluff Block 14, Lots 4 and 5, located on Agnes Street approximately 160 feet east of Staples Street and located on Laredo Street approximately 150 feet east of Staples Street. Zoning Request From: "A -2" Apartment House District To: "B -5" Primary Business District Area: 0.52 acres 122,651.2 square feet Purpose of Request: To allow for the expansion of an existing used car lot. Existing Zoning and Land Uses Zoning Existing Land Use Future Land Use Site "A -2" Apartment House District Vacant and Low Density Residential Commercial North "B -5" Primary Business District Vacant and Commercial Commercial South "A -2" Apartment House District Vacant and Medium Density Residential Commercial East "A -2" Apartment House District Low Density Residential and Medium Density Residential Commercial West "B -5" Primary Business District Medium Density Residential and Commercial Commercial ADP, Map & Violations Area Development Plan: Westside; The comprehensive plan supports commercial uses for the subject property. Map No.: 045044 Zoning Violations: Yes; violation for parking of vehicles on the subject property. Staff's Summary: • Request: The applicant is requesting a change of zoning on 0.52 acres from "A -2" Apartment House District to "8-5" Primary Business District. The applicant proposes to expand an existing used car Zoning Report Case No. 0408 -02 (Danyce M. Knippa and John H. Bradshaw) Page 2 sales business currently located at the corner of Staples Street and Agnes Street. The applicant has not determined the timing for the expansion of the business, but has indicated the expansion would accommodate approximately forty (40) vehicles. The applicant states the auto sales establishment is a family business. The applicant proposes all lighting, paving, landscaping, and signage in accordance with City ordinances. • Zoning: The current zoning on the subject property is "A -2" Apartment House District. The "A -2" District is the highest density residential district. This district permits uses such as multiple- family dwellings, assisted living facilities, Hospitals, nursing homes and homes for the aged, but not including animal hospitals, penal and mental treatment institutions, office buildings or clinics. The "A -2" District permits a maximum density of 36.30 units per acre. The minimum front yard setback is twenty (20) feet with a minimum of ten (10) foot side and rear yards for one story structures, plus five (5) feet for each additional story. The maximum height of dwellings may be sixty (60) feet. The minimum open space requirement in the "A -1" District is 30% of the total lot area. • The `B -5" Primary Core Business District is located principally in the central city area and is intended to provide for all types of business, commercial and service activities, as well as a few light manufacturing uses, but is designed to discourage warehousing and manufacturing generally or uses which tend to generate heavy truck traffic or require open storage of materials. Examples of uses permitted in the "B -5" District include multifamily residential, restaurants, auto sales, and hotels. The "B -5" District does not have a front yard setback. There are no side or rear setbacks, unless adjacent to a residential district, which would require a ten (10) foot side and rear yard setback. The "B -5" District does not have a maximum building height. The subject property has residential adjacency to the east. • Parking Requirements: According to Section 22 -1 of the Zoning Ordinance, an automobile sales establishment requires a minimum of 1 parking space per 400 square feet of floor area. The existing office building is approximately 500 square feet; therefore a minimum of 3 parking spaces are required. • Existing Land Uses: South Bluff Lots 4 and 5 of the zone change request are currently vacant. Chamberlin's Lots 7 and west half of Lot 8 of the zone change request are current zoned "A -2" Apartment House District. The existing used car sales business is currently Iocated on Chamberlin's Lots 1 through 6 to the west which are zoned "B -5" Primary Business. Vacant and commercially zoned "B -5" Primary Business District is located north of the subject property. Medium density residential development and vacant lots are located south of the subject property and zoned "A -2" Apartment House District. To the east there are two single family dwellings on property zoned "A -2" Apartment House District. • Utilities: An 8 -inch wastewater line is located on Agnes Street and on Laredo Street. A 2 -inch water line is located on Laredo Street and an 8 -inch water line is located on Agnes Street. The planned expansion of the car sales business currently does not involve expansion of the existing office building. It only involves additional areas for the parking of the vehicles; therefore additional utilizes are not expected. • Drainage: The proposed drainage of the property is required to provide drainage of the property without exceeding the runoff flows before development. In this case retention or detention ponds may be required. • Transportation/Traffic Impact Study: The subject property is located on Agnes Street approximately 160 feet east of Staples Street and located on Laredo Street approximately 150 feet Zoning Report Case No. 0408 -02 (Danyce M. Knippa and John II. Bradshaw) Page 3 east of Staples Street. Laredo Street and Agnes Street are both designated as Al Minor Arterial Roadways in the Urban Transportation Plan. The minor arterial provides for citywide and inter neighborhood traffic mobility but functions at a lower level then the secondary arterial. The primary emphasis is on traffic movement with more emphasis on land access then the secondary arterial. According to the Institute of Transportation Engineers Trip Generation Manual, 7th Edition, the proposed car sales business could generate the peak hour trips and average daily trips on the following table (based on Code 841 New Car Sales, since a "used car sales" land use is not available.) The existing office building on the lot is approximately 500 square feet. The calculated trips are based on 500 square feet of gross floor area (the size of the existing office building.) Average Daily Trips (ADT) Peak Hour Trips Weekday Saturday Sunday Weekday Saturday Sunday N/A 16.67 ADT 10.5 ADT 5.24 ADT 1.10 ADT (AM) 1.36 ADT (PM) 1.45 ADT • The Urban Transportation Plan has a goal for a Level of Service "C" for the arterial street system, which means there is stable flow of traffic with periodic delays. Delays per vehicle are no more than twenty seconds, but less than thirty-five seconds. Level of Service is a means to assess the performance of a road system and to quantify the Community's overall goals for road system performance. The Level of Service measure is based on traffic flow involving length of queues, traffic density (light, moderate, heavy), and congestion. This system of describing traffic conditions is hierarchical; with Level of Service A being the best and descending to Level of Service F, as traffic conditions deteriorate. The current Level of Service for Agnes and Laredo Streets is not known at this time. The Urban Transportation Plan plans average daily trips for an A 1 Minor Arterial Roadway at 24,000 average daily trips. The latest traffic count information for Laredo Street and Agnes Street (SH 44) was acquired in 2007 by the City's Traffic Engineering Department. The average daily trips calculated in 2007 for Laredo Street was 2,622. The average daily trips calculated in 2007 for Agnes Street was 3,235. The counts on Laredo Street are 11% of the planned average daily trips for an Al Minor Arterial Roadway. The counts on Agnes Street are 13.4% of the planned average daily trips for an Al Minor Arterial Roadway. Based on previous traffic counts obtained for Agnes Street in 2001, traffic has decreased on Agnes Street by 23 %. Based on previous traffic counts obtained for Laredo Street in 2003, traffic has increased on Laredo Street by 7.2 %. The car sales business currently contributes approximately 17 average daily trips on a weekday; 11 average daily trips on a Saturday and 5 average daily trips on a Sunday on the roadway system. Additional trips are not expected unless the office building is expanded, since the Institute of Transportation Engineers Trip Generation Manual bases the calculation of trips on gross floor area for a car sales business. Staff analysis concludes that at current traffic levels, the zone change will have an insignificant impact on Agnes and Laredo Streets. • Infrastructure Demand: A comparison of infrastructure demands with commercial and residential development is as follows: o Water and Wastewater: Based on a study prepared by Broward County, Florida (Source: Broward County, Florida Water and Wastewater Engineering Division, "Guidelines for Determining Ability to Provide Potable Water and Sanitary Sewer Service," January 18, 2007), the demand on water for a commercial development is 154 gpd/unit for 1,000 sf of gross building area as opposed to 280 gpolresidential unit. The demand on wastewater for a commercial development is 138 gpd/unit for 1,000 sf of gross building area as opposed to 250 gpd /residential unit. • Comprehensive Plan Consistency: The comprehensive plan indicates the future land use as commercial. The subject property is located in the Westside Area Development Plan. The Zoning Report Case No. 0408 -02 (Danyce M. Knippa and John H. Bradshaw) Page 4 comprehensive plan identifies policy statements for land use decisions. City Charter requires rezoning to be consistent with the Comprehensive Plan (see attached City Charter Section V- Planning.) Approval of the rezoning will amend the Comprehensive Plan. Several policy statements are available in the Southside Area Development Plan as well as in the Corpus Christi Policy Statements, An Element of the Comprehensive Plan, adopted in July 1987 to ensure consistency of zone change requests with the comprehensive plan: Westside Area Development Plan (ADP) Policy Statements: COMMUNITY DEVELOPMENT– POLICY STATEMENT B.7 The City should take a leading role in redeveloping Agnes Street and the Agnes /Laredo Corridor. Historically, the area has been a focal point of the Hispanic community; it contains the proposed Hispanic Arts Center site and is one of the "gateways" from the airport into the city. D) Other design objectives to be a part of, but not limited to, the redevelopment of the Agnes/Laredo Corridor are: 1. Landscaping for existing establishments. Staff Comment: The subject property is located on the Agnes/Laredo Corridor. Landscaping is recommended for existing establishments. Article 27B- 3.02.0 Existing Development of the Zoning Ordinance requires landscaping because there in an increase in vehicular use area by 3,500 square feet and more than 6.5 percent of the existing vehicular use area is in the street yard(s). Vehicular use area is defined as "All areas, regardless of surfacing, in which vehicles are parked, serviced, stored, or through which they are driven. Included are drives, paved pads for vehicular or equipment storage, used and new car display areas, service drives for gas stations, etc." Laredo and Agnes Streets are arterial roadways, which would permit a single tenant freestanding sign with a sign area of 200 square feet and a sign height of 40 feet. LAND USE /ZONING - POLICY STATEMENT C.3 The City should evaluate zoning districts where existing zoning should be changed to implement the Land Use Plan. Adoption of this plan policy will not immediately change any zoning, but it will accomplish the first of at least a three step process. The next step would include a more specific study of each individual property and a staff recommendation to the Planning Commission regarding each property. As the third step, the Commission could then initiate the rezoning process for all, some, or none of the properties. Staff Comment: The zone change request to "B -5" Primary Business District will implement the Future Land Use Map which indicates the subject property for commercial uses. The zone change is consistent with Policy Statement C.3. TRANSPORTATION - POLICY STATEMENT D.2 The Planning Department and the Traffic Engineering Division should work with the State Department of Highways and Public Transportation to plan for lighting, signage, landscaping, and beautification of those roadways which are main "gateways" in to the city: A) Agnes Street, portions of Laredo Street from Corpus Christi International Airport to the Bayfront. Staff Comment: The subject property of the zone change is located along this segment of Agnes Street. The applicant will be required to provide landscaping subject to Article 27B.3.02.C. Laredo Zoning Report Case No. 0408 -02 (Danyce M. Knippa and John H. Bradshaw) Page 5 and Agnes Streets are arterial roadways, which would permit a freestanding sign with a sign area of 200 square feet and a sign height of 40 feet. Additional policy statements regarding land use are provided in the Corpus Christi Policy Statements, An EIement of the Comprehensive Plan, adopted in July 1987. They provide the public and private sectors with a guideline for future development. Policies applicable to the proposed zone change request are as follows: Corpus Christi Policy Statements: • General Policy b: DEVELOPMENT SHOULD BE FOCUSED AROUND THE CENTRAL BUSINESS DISTRICT AND SEVERAL OTHER HIGH- DENSITY BUSINESS AREAS. Traditionally, cities have developed around one central area, usually referred to as the central core, with bands of development occurring with less intensity as the distance increases from the core. Corpus Christi was characterized by such a pattern, but as the city expanded at the fringe and as the city annexed neighboring developments, the downtown area began to share its market with outlying business centers and other satellite areas. Most communities originated with a central core or business district and gradually expanded outward, developing other core or activity centers. While the city should strive to maintain the Central Business District, it must do so in a manner that will still permit other activity centers. If carefully planned, dispersed activity centers can provide amenities at convenient locations without destroying the opportunity for an attractive and viable central business district. Several advantages of this urban form are that: 1. Traffic flows are more uniformly distributed through the city allowing for a less congested use of roadways; 2. It permits citizens to live closer to their place of work and to major shopping areas; and 3. It allows for high density areas, which otherwise would be found only in the downtown area, to be spread strategically across the city and, in the process, reduces crowding and intense use of city arterials and utilities at the central core. Staff Comment The proposed zone change is consistent with General Policy b. The applicant proposes expansion of an existing car sales business. The property is located around the Central Business District. • General Policy f: THE DENSITY OF DEVELOPMENT IN AN AREA SHOULD BE DIRECTLY RELATED TO THE DESIGN CAPACITY OF THE INFRASTRUCTURE. The master plans for water, drainage, streets, gas and wastewater are based on a projected density of commercial and residential development. Problems occur when the actual density of development exceeds projected levels. Therefore, the projected densities utilized in making these plans need to be based on a thorough and realistic analysis of growth patterns and actual market trends, with a built in margin of safety. Actual development should be monitored against these projections to point out potential problem areas well in advance. Staff Comment: The expansion of the car sales business proposes to use the subject lots for the location of additional vehicles. Expansion of infrastructure is not expected at this time. CASE # 0408 -02 1. NEIGHBORHOOD - 2006 AERIAL Refer to Map 2 for Neighborhood Existing Land Use. Also available at www.cctexas.corn S]' #F 0.- -na WON ra MP .f rn LEOPARD 2JY1 ,,t)t1 uneolA L OAP UN,. • • ;x, kFT?':n:4d SUJ1 NEDRIENCE sv. MAT ,YXF ,RJS: CASE # 0408 -02 2. NEIGHBORHOOD - EXISTING LAND USE LOA Estate Residential. - ER Low Density Residential. - LDR Med Density ResidentiaL - MDR High Density ResidentiaL • HDR Mobile Nome • MN Vacant - VAC Professional Office - PO - Commercial - COM Light Industrial - LI Heavy industrial -1-11 Public semi -Public - PSP • kJ4:n }/a ralS- i4 "OP „foil 3,:7'200.9 ,�ji��f� a By: SRR 1 ':`^. Ad.f�u.,ntSerVices Corpus Christi ay r.i ✓L iir�Jli tiC�� JA.1 L u ^j r- {1.E3c• yFC� l ?i or fu II IC :;r4ILP1 if ODIvi 1. re, IAN Ari frr r WATER c) J- ai ildfl 'n7�7�r ?a CASE # 0408 -02 3. NEIGHBORHOOD - FUTURE LAND USE ,Airy Agrlcultur&/Rural - AR - Tourist • TOR Estate Residential - ER - Research /Business Park - RBP Low Density Res. - LDR Light industrial - Li Heavy Industrial - HI Public Semi - Public - PSP Park Drainage Corridor - DC Dredge Placement - DP Water Conservation /Preservation - CP m LDR ME Med Density Res. - MDR - High Density Res. - HDR EN - Mobile Home - MH MI Vacant - VAC RP Professional Office - PO MI - Commercial - COM Transportation Plan Existlng Proposed Arterials - - - -' Collectors - - - ewweo Expressways weal WO Parkway -+ii+* Railroad Corpus iris BOy d-41 .:wrrr City of Corpus Christi CASE # 0408 -02 4. SITE- 2006 AERIAL Subject Property Refer to Map 2 for Neighborhood Existing Land Use. Also available at Www. cctexas. com ./17 :2008 Prepared By: SRR eparrment of Development Services CASE # 0408 -02 5. SITE - EXISTING ZONING, NOTICE AREA & OWNERSHIP .A-1A AB AT R- I &tA B-2 9.24 8.3 B-4 &5 &6 BD F -R HC apartment House District Apartment House District Apartment House District Professronal Otice District apartment- Tourist District tlei[ghborhoad Business District Neighborhood Business District Baylronl Business Distncl Banier Island Business District Business Distritt 3eneral Business District Primary Business Diswct Primary Business Core District -::Orttus Christi Beach Design Dist. Farm Rural District Hisloncat- Cullural Landmark Preser.ahon 1 -1 1 1 -3 PVD R -IA R -18 R -1C R -2 R? RE R -T14 SP T -1A T -16 T -SC Limited Industrial District Light Industrial District Heavy Industrial Dlslrici Planned Unit Development Ohe Family Dwelling District One Family Dwelling DislrICl One Family Dv IIng District Multiple Dwelling District One Family Dwelling Districl Residential Estate Dishicl Tcwnhouee Dwelling District Special Permit Travel Trailer Peik District Manufactured Home Park District Manufactured Home Subrf ision Cistncl S1rbec• Property Os�ners =v;ih 2OO'hu.Yar in tars 4 Owners >,rttin 200'?:stedon Owrers a7dched or reerslrip table ■T opposit%rn 4 1 SO 100 Fpet A G N S 10 \h1 13 12 1 1 S z 9 4 10 3 3 OUT Ett.,OFF PARK )CEITPT / 6 \ 5(7;2008 1 Prepared Sr SRR Depairmenr_V Development Serces CASE # 0408-02 6. SUBJECT PROPERTY ▪ ApalenHA Hanse Ctistdcl A-1A 4;:artnaent Huse ▪ rip:11101mo District AD Pi ik Ii Dratitti nz artment-Toueal Enlind 6.1 tte:ght,crtxted Eustnesa Laalikt P-1 tkatinbctlartW mass Eksnict 13.12 6h4.1 Business B-2A Oamer IStainit ekon.ls, VictrEt Eutdneea Diknict 64 Ckner n1 Catdne.as Dania! 6-5 Pr :crear,-Pariirefta t 6-E Partralk; Easiness Cote Lkainct EV •.-.70I.111a Erea.:h [t- Lkst. 641 Fn n Purai tkairkt HC Histe.ricakCnIturat landmark Preaervaltan 1.1 Limits-A 1.2 Light IndosEtat Ciaktel W Drainer POD Planned trod Drr,,anapnaut 11.1A One Farndy Owelfing Daniel 6.16 One Family Lthettng Vistn<1 11.1C One Panay faKellint; R.2 tholtrE1e Dank' RE keatlentra1 Estate DISlikt R-T11 Tumtherore DtretHrty tisk] VA 3P Spedn1 Pewit T- 1 A Travei Tia.ites Pi District T-16 1.1arsurac1tiie1 1-190.10 N6 Etistrs:1 T-I C klanntatke WASItZ:1.11,1k-i51011 CISII1Ct 7 / SUBJECT PROPERTY. / CHANAIrl gdstrrirs li City of Coypus Ch risti COMMENTS RECEIVED FROM PUBLIC NOTICES MAILED Case No: 0408 -02 Name: Danyce M. Knippa & John H. Bradshaw Circled = FAVOR X = OPPOSED (Note: The number(s) next to name corresponds to the attached map.) Total number mailed: Returned undeliverable: 39 0 I. Notices returned from within the 200 -foot notification area: Favor: 3 #32, #33, #34, Knippa, Owner/Rep, 422 Longview "To encourage business growth." Opposition: 0 II.. Responses received from outside the 200 -foot notification area: Favor: 0 Opposition: 0 III. 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'lzyr FA: imp W Ia1,D� W O-Lg �-... Pc-r- /-0C cCgm2C r 7.;010 D 1 O 7 >7cc 7 D7Cc °Woo ° A m w a W r C N -i Q,v 0O>_ wro m��2��7rcxx mW�HV w'x 2G1 -. P-ri 10 CC , r V rm xx O.Z°] ,--'57 s A> A J m% 00(0(4 p z 01 0 m 7c:0 X r x x X X X V N -Ay iJ 00 7c y0 V L W CO xm X >DgDYi W Aa A as Ap NA-n O+N r mm f 0' O M m V N o m m-L b m 1V931 d12 W S° a W N N � ((��� 0?!.NNN N W Ci 4000 NN W,��II NN N NpNpp99p 1 !Q� N N+ N+ m A- W N w+ S W W° m W W 41 m m i m W N A W W m Fey'X eo Ree* zRZ at* **e; aeme *** *aR*rn e 2 .Q�y.`E¢8P EE iQEB��SEEREE gmmi E °EQE mmmYYEGPB�Y�IEE¢BIEp S��pPQ8E0g�I T° N t E N 2 N t �O g t E o O O I g 9 N N N N N N NiV N N bN s o Attachment 8 City Charter — Article V ARTICLE V. PLANNING Sec. 1. Purpose and Intent. The city council shall establish comprehensive planning as a continuous governmental function in order to guide, regulate, and manage future development and redevelopment within the corporate limits and extraterritorial jurisdiction of the city to assure the most appropriate and beneficial use of land, water and other natural resources, consistent with the public interest. Sec. 2. Organization of Planning Commission. A planning commission is hereby established which shall consist of nine registered voters of the city. The members of the commission shall be appointed by the city council for staggered terms of three years. The commission shall elect a chairperson from among its membership each year at the first regular meeting in August and shall meet not less than once each month. Any vacancy in an unexpired term shall be filled by the city council for the remainder of the term. Sec. 3. Power and Duties of Planning Commission. (a) The planning commission shall: (1) Reviews and make recommendations to the city council regarding the adoption and implementation of a comprehensive plan, any element or portion thereof, and any amendments thereto; (2) Review and make recommendations to the city council on all proposals to adopt or amend land development regulations for the purpose of establishing consistency with the comprehensive plan; (3) Monitor and oversee the effectiveness of the comprehensive plan, review and make recommendations to the council on any amendments to the plan, and forward to the council comprehensive updates to the plan at least once every five years; (4) Review and make recommendations to the city council regarding zoning or zoning changes in a manner to insure the consistency of any such zoning or changes in zoning with the adopted comprehensive plan; (5) Exercise control over platting and subdividing land within the corporate limits and the extraterritorial jurisdiction of the city in a manner to insure the consistency of any such plans with the adopted comprehensive plan; and (6) Review and make recommendations to the city council on the city's annual budget and any capital improvement bond program. (b) The departments of the city government shall cooperate with the planning commission in furnishing it such information as is necessary in relation to its work. (c) The commission shall be responsible to and act as an advisory body to the council and such additional duties and exercise such, additional powers as may be prescribed by ordinance of the council. Sec. 4. The Comprehensive Plan. The city council shall adopt by ordinance a comprehensive plan, which shall constitute the master and general plan of the city. The comprehensive plan shall contain the city's policies for growth, development and aesthetics for the land within the corporate limits and the extraterritorial jurisdiction of the city, or for portions thereof, including neighborhood, community and, area -wide plans. The comprehensive plan shall include the following elements: (1) A future land -use element; (2) An annexation element; (3) A transportation element; (4) An economic development, element; (5) A public services and facilities element, which shall include a capital improvement program; (6) A conservation and environmental resources element; and (7) Any other element the city council may deem necessary or desirable in order to further the above objectives. Each element of the comprehensive plan shall include policies for its implementation and shall be implemented, in part, by the adoption and enforcement of appropriate land development regulations and other ordinances, policies and programs. After at least one public hearing, the planning commission shall forward the proposed comprehensive plan, or element or portion thereof, to the city manager, who shall submit such plan, or element or portion thereof, to the city council with his or her recommendations. The city council may adopt, or adopt with changes or amendments, the proposed comprehensive plan, or element or portion thereof, after at least one public hearing. The city council shall act on the plan, or element or portion thereof, within sixty days following its submission by the city manager. If the plan should be rejected by the council, it shall, with policy directions to the commission, return the plan to the planning commission which may reconsider the plan and forward it to the city manager for submission to the council in the same manner as originally provided. All amendments to the comprehensive plan recommended by the planning commission shall be forwarded to the city manager and shall be subject to review and adoption in the same manner as for the original adoption of the comprehensive plan as set forth in this section. Sec. 5. Legal Effect of Comprehensive Plan. All city improvements, ordinances and regulations, shall be consistent with the comprehensive plan. In the case of a proposed deviation to the adopted plan, or any element or portion thereof, the planning commission shall communicate its recommendations to the council which may approve or disapprove such deviation. Sec. 6. Platting Property. The city shall not pay for the property used for streets and alleys within any subdivision, but the same shall, when platted, be dedicated to such use and shall become the property of the city and shall be maintained as such. The city shall not grant any permit to construct or enlarge any house or structure within the city until a plat shall be approved and filed. MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday April 2, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Atilano J. Huerta John C. Tamez Johnny R. Martinez Evon J. Kelly =Arrived at 5:46 p.m. David Loeb Govind Nadkarni ABSENCES: Rudy Garza, Vice- Chairman James Skrobarczyk STAFF: Bob Nix, AICP Assistant City Manager of Development Services Faryce Goode - Macon, Assistant Director of Development Services /Planning Miguel S. Saldana, AICP, Senior City Planner Robert Payne, AICP, Sr. City Planner Mic Raasch, AICP, City Planner Annissa Garrett, Special Assistant Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang - Priestley, Recording Secretary Si usted quiere dirigirse a la comision y su ingles es limitado, habra un interprete de espanol a ingles en la junta para ayudarle I. CALL TO ORDER A quorum was declared and the meeting was called to order by Chairman Stone at 5:30 p.m. IV. ZONING 1. New Zoning b. Case No. 0408 -02: Danyce M. Knippa and John H. Bradshaw: A change of zoning from an "A -2" Apartment House District to a "B -5" Primary Business District resulting in a change of land use designation from multi - family residential to commercial for an auto sales business Chamberlin's Block 7 Lot 7 and W/2 of Lot 8 and South Bluff Block 14, Lots 4 and 5, located on Agnes Street approximately 160 feet east of Staples Street and located on Laredo Street approximately 150 feet east of Staples Street. Mr. Raasch presented the above case via Power Point, stating the subject property is located between Agnes Street and Laredo Street, approximately 150 feet east of Staples Street, out of Chamberlins' Subdivision and South Bluff Subdivision, approximately 150 feet east of Staples Street. Mr. Raasch stated the existing zoning of "A -2" Apartment House District is being requested to be changed to a "B -5" Primary Business District. Mr. Raasch showed existing land uses in the area consisting of a used truck sales, A & W Office Supply, BL Guess Lighting, and Channel Six TV Station. Mr. Raasch stated the applicant has been cited by Code Enforcement for illegal parking of vehicles on the subject property wants to expand his auto sales business onto the subject property. Mr. Raasch stated that 39 notices were mailed with three returned in favor and three returned in opposition. Mr. Raasch stated the Comprehensive Plan recommends commercial for Planning Commission Minutes April 2, 2008 Page 2 the entire block, including several blocks to the north and several to the east. Staff recommends approval. In response to Commissioner Loeb, Mr. Raasch stated the applicant will be required to pave the property and landscape. Public hearing was opened. Nobody came forward in support or opposition. Public hearing was closed. Motion for approval was made by Commissioner Nadkarni and seconded by Commissioner Martinez. Motion passed unanimously with e- Chairman Garza and Commissioner Skrobarczyk being absent. Page 1 of 3 AN ORDINANCE AMENDING THE ZONING ORDINANCE, UPON APPLICATION BY DANYCE M. KNIPPA AND JOHN H. BRADSHAW, BY CHANGING THE ZONING MAP IN REFERENCE TO CHAMBERLIN'S BLOCK 7, LOT 7 AND WEST ONE -HALF OF LOT 8 AND SOUTH BLUFF BLOCK 14, LOTS 4 AND 5, FROM "A -2" APARTMENT HOUSE DISTRICT TO "B -5" PRIMARY BUSINESS DISTRICT; AMENDING THE ZONING MAP; AMENDING THE COMPREHENSIVE PLAN TO ACCOUNT FOR ANY DEVIATIONS FROM THE EXISTING COMPREHENSIVE PLAN; PROVIDING A REPEALER CLAUSE; PROVIDING A PENALTY; PROVIDING FOR PUBLICATION; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the application of Danyce M. Knippa and John H. Bradshaw, for amendment to the City of Corpus Christi Zoning Ordinance and Zoning Map; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 2, 2008, during a meeting of the Planning Commission, and on Tuesday, May 13, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Zoning Ordinance of the City of Corpus Christi, Texas, is amended by changing the zoning on Chamberlin's Block 7, Lot 7 and west one -half of Lot 8 and South Bluff Block 14, Lots 4 and 5, located on Agnes Street approximately 160 feet east of Staples Street and located on Laredo Street approximately 150 feet east of Staples Street, from "A -Z" Apartment House District to "B -5" Primary Business District. (Zoning Map 045044) (Exhibit A) SECTION 2. That the official Zoning Map of the City of Corpus Christi, Texas, is amended to reflect the amendment to the Zoning Ordinance made by Section 1 of this ordinance. SECTION 3. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1937, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. H:ILEG -DI R1Sha redUaylAgenda1200815- 131ORD- zoning0408- 02Knippa- Bradshaw- Chamberlins- SouthBluff.doc Page 2 of 3 SECTION 4. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 5. That all ordinances or parts of ordinances in conflict with this ordinance are hereby expressly repealed. SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi. SECTION 7. That publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 8. 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 9. That upon written request of the Mayor or five Council members, copy attached, the City Council finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and suspends the Charter rule as to consideration and voting upon ordinances at two regular meetings so that this ordinance is passed upon first reading as an emergency measure on this 13th day of May, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor, City of Corpus Christi APPROVED: May 5, 2008 R. Jay inin First Assists t City Att rney For City Attorney H:\LEG -DI R1 Shared\, iaylAgenda1204B15- 131ORD- zoning0408- 02Knippa- Bradshaw- Chamberli ns- 5outhBluff.doc Page 3 of 3 Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance, an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings. I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor, City of Corpus Christi Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon H: 1LEG- DIR15hareaJayWgenda1200815- 131ORD- zoning0408- 02Knippa- Bradshaw - Chamberlins- SouthBluff.doc 05- 05 -'08 12:04 FROM -DEV. SVC. PLANNING T -065 P001/002 F -083 STATE OF TEXAS COUNTY OF NUECES 03/131209/ Pap F of 1 CAhet.04 09--0 Z BEING A 1,562.5 SQ. FT, TRACT OF LAND, BEING THE WEST ONE - HALF OF LOT 8 BLOCK 7 CHAMBER.L.IN'S SUBDIVISION, AS RECORDED IN VOLUME A, PAGE 16, OF THE MAP RECORDS OF NUECES COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a found drill hole located on the north right-of-way line of Agnes Street (60 feet wide), for the southeast corner of said west one -half of Lot 8, from which point a found 518" iron rod bears North 81° 00' 00" East, a distance of 62.5 feet for the common south corner of Lot 10 and Lot 11 of said Chamberlin's Subdivision; THENCE South 81° 00' 00" West, with said north right -of -way line of Agnes Street, and south line of said Lot 8, a distance of 12.5 feet to a set 60D nail for the southwest corner of said Lot 8 and for the southeast corner of Lot 7 of said Chamberlin's subdivision; THENCE North 09° 00' 00" West, with the west line of said Lot 8 and with the east line of said Lot 7, a distance of 125.0 feet to a set 6017 nail located on the south line of Lot 5, Block 14 of said Chamberlin's Subdivision for the northeast comer of said Lot 7 and for the northwest corner amid Lot 8; THENCE North 81° 00' 00" East, with the south line of said Lot 5 and with the north line of said Lot 8 a distance of 12.5 feet to a point for the northeast corner of said west one -half of Lot 8; THENCE South 09° 00' 00" East, with the east line of said west one-half of Lot 8 a distance of 125.0 feet to the POINT OF BEGINNING, and containing 1,562.5 Sq. Ft. of land more or less. All calls made herein and shown on the exhibit of even date and made a part hereof are taken from the plat of Chamberlin's Subdivision as referenced, and not from points found in the field. Maverick Engineering, Inc. 400 Mann Street, Ste. 200' ": Corpus Christi, Tx 78401 P.Ole r:.. c)(361 ,;x; ' -3500 q. ;sec• fir,, R.. FI,r.+ 5 .. -) di E. Evans, R.P.L.S. 5373 'P tsseG SA200111085 9•900v1w°ddng Data\ME1' S AND tiOUNDS.doc Initials Oita -0.2 Case No. 20408 -02 Danyce M. Knippa and John H. Bradshaw Subject property is located on Agnes Street approximately 160 feet east of South Staples Street and located on Laredo Street approximately 150 feet east of South Staple Street From: "A -2" Apartment House District To: "B -5" Primary Business District Area Location Map ■ ■■ .l.IIIII IIlIuI 11 23 III _, iplau .. -4_. Not, In IMaalitillitfar wallow Ila emir Wog INN lie i:9r I t T " T L1C>r' i,L, I ,t 1 kl,D1 Lin ' 1� . 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I I SO U _IL FF� !_ A R E D 'O A G N E S L A r N S O U T H BLUFF RA IRK - .E ?" E NI.P 3 y 7 Pre v:: 2007 Perspective Aerial View Subject Property • Subject Property looking south from Laredo Street Laredo Street Photographs Residential structure part of the Subject Property (looking south west from Laredo Street) In front of the Subject Property looking west on Laredo Street South Staples Street Intersection . `` In front of the Subject Property (looking north west and from Laredo Street) Subject Property looking north from Agnes Street Subject Property looking north east from Agnes Street In front of the Subject Property looking east on Agnes Street Looking south east and across Agnes Street from the Subject Property ..::.......................... . . : :.. .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . Agnes Street Photographs Looking south and across Agnes Street from the Subject Property Looking south west and across Agnes Street from the Subject Property In front of the Subject Property looking west on Agnes Street South Staples Street Intersection Business adjacent to and west of the Subject Property (looking north west from Agnes Street) 14 5 12 13 9 Ownership Map \____________\ ENTRAL. WI-FSEBLUCHER TF4 ENTRAL WHARF 13Lp.0-H 14 SUBDIVISION 0SOU_T- BLUFF 10 11 1f2 3 23 L A R S C /4 T2 C A BE LA 2 0 MARGUERITE a Sail 1 1 11111 200 Peet Subject Property Owners within 200 feet listed on attached ownership table Owners in favor X Owners in opposition trfffr 410h4DR 0011 11,30 DR — .•=L L-DRL DIR PA RK P SP MDR 1VIDR MDR MDR MDR mcv? Future Land Use wil....mr 1 MDRFE. Ff COMMDR 0,3fi° 10D0 I I cci(4101?R I*0 6;4 c1R MDR 0-6117, IREVENKNO .nt CI-. C.,' -/-/I 1 ,j-+J-JA.--Ait.fft-L-J____, _ I; ; +-JJ ' -n_A„ PARK fr'2%- .'l - •71 10 l? 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RO FFTP.1. ■ R 1 1 _ I _ Cr PSP WATER Staff Recommendation • Approval of the "B -5" Primary Business District I t T " T L1C>r' i,L, I ,t 1 kl,D1 Lin ' 1� . LL,.1.7.:ri: : /1.. 17 rly;;;Ilifrlii ,r,f- 1 a n L1L'I'J I ' L Q- 1k LJ Dr.. I � r�rr I n rr�i= lip l I I • Jnb.Jr . • L._�_W_1DJ —L__ 1 Existing Land Use Map /J tai`:. 9 LT.,� 'A i 31� rd rr1 �� r r J. P 177L)R !� D.P!-'.'DF;. I`'I I i iii sr4 ��'' 'IIII�II JET ▪ l . 1 4n. LILl. LlD ' D. LLI 1 d _L�-LI- is 11 I IU � 1 I • Tr:',-; L▪ � 1 LIL LrL,. —� L+t�. L7.0'?' -T—' LG�R 1 r�R• n LTL r _ �� �. L}�,- T '.., • LLB ., i Ll �, .1 -tLL? '3.42`1, ar „-i� i s,..i PL.v 7 LT'S Lt, -r 7T, is 13. �._ �. 4 r1 I` • • Ai e2;c2144,4 c, � i 114 (ti 1/k L. SP P: ASP P PSP ,nom • PST-} ;3 /ASV C CgAl L t -4 -1F N : J1 LANDUSE E s:ci:. ?C ic.enti;;l Pf :;1 ..,::IC i1 1 Crifir L)h. j L l:if L`1�E '�Lik �1 , L �kr -r , yr C ■11 rri,;l I 1 R nra: 9(;il'. [it;11. t'i��I tfl i - ` . b I T.T.,-,IL,,_ __ _7-113 --:—�� Case No. 20408 -02 Danyce M. Knippa Subject property is located on Agnes Street approximately 160 feet east of South Staples Street and located on Laredo Street approximately 150 feet east of South Staple Street From: "A -2" Apartment House District To: "B -5" Primary Business District 19 AGENDA MEMORANDUM PUBLIC HEARING — TEXT AMENDMENT (City Council Action Date: May 13, 2008) Public hearing and First Reading Ordinance to amend Article 3 "Definitions" of the Zoning Ordinance by adding a new definition for a "Community Home" as Section 3- 1.15.1 and by revising the definition of "Family" in Section 3 -1.24. Planning Commission & Staff's Recommendation (April 30, 2008): Approve the text amendment to Article 3 "Definitions" of the Zoning Ordinance by adding a new definition for a "Community Home" as Section 3- 1.15.1 and by revising the definition of "Family" in Section 3 -1.24. Requested City Council Action: Approval of the text amendment to Article 3 "Definitions" of the Zoning Ordinance by adding a new definition for a "Community Home" as Section 3- 1.15.1 and by revising the definition of "Family" in Section 3 -1.24. BACKGROUND: The text amendment, to amend Article 3 "Definitions" of the Zoning Ordinance by adding a new definition for a "Community Home" as Section 3- 1.15.1 and by revising the definition of "Family" in Section 3 -1.24, was presented to the Planning Commission on April 30, 2008. Staff informed the Planning Commission that due to a recent court case, the Legal Department advised the Development Service Staff to revise the current definition of "Family" to: • clarify the composition of a family; • address issues surrounding the number of "unrelated people" living in a single family residence; and • make consistent with the definition of "Community Home" in the Texas Human Resources Code. TEXT AMENDMENT SUMMARY: The text amendment to change Article 3 "Definitions" of the City of Corpus Christi Zoning Ordinance regarding Section 3 -1.24 "Family" will include the following language: Family: 1) Any number of persons living together in a dwelling unit who are related to another resident of the dwelling_by blood, marriage, legal adoption, guardianship, or other legally authorized custodial relationship, and not more than a total of four domestic service providers, caretakers, exchange students, or boarders; or 2) Up to five unrelated persons living in a single dwelling unit constitute a family; or 3) Residents of a community home constitute a family, even if the number of unrelated occupants exceeds the number of occupants otherwise allowed in this definition. This definition may not be construed to limit the rights of persons with disabilities and their caretakers to occupy a single dwelling under their protected status afforded by the Americans with Disabilities Act and the Federal Fair Housing Act. Community home: A single dwelling unit on property that has residential zoning that is occupied in compliance with the Texas Community Homes for Disabled Persons Location Act, Chapter Council Agenda Memorandum Article 3 Definition of "Family" Page 2 Sincerely, OK Bob Nix, AICP Assistant City Manager of Development Services BNIFGM/ag Attachments: 1) Draft Planning Commission Minutes (April 30, 2008) 2) Community Home Definition (Tx.Human Res. Code Chapter 123) 3) Meldo Park Court Case 4) Ordinance PIM/Project Manager SrCP /CP Planning Director 1 is 1PLN- DIRI SHAREDIZoning/ textamendmenis /texamendment/2008 Text amend.Def. Family.text amendmentAGENDAMEMOrev.1.doc MINUTES REGULAR PLANNING COMMISSION MEETING Council Chambers- City Hall Wednesday April 30, 2008 5:30 P.M. COMMISSIONERS: R. Bryan Stone, Chairman Rudy Garza, Vice - Chairman Atilano J. Huerta James Skrobarczyk John C. Tamez Johnny R. Martinez Evon J. Kelly David Loeb ABSENCES: Govind Nadkarni L CALL TO ORDER DRAFT STAFF: Robert Payne, AICP, Sr. City Planner Johnny Perales, Deputy Director, Development Services Mic Raasch, AICP, City Planner Jay Reining, First Assistant City Attorney Yvette Aguilar, Attorney I Beverly Lang- Priestley, Recording Secretary V. PUBLIC HEARING: TEXT AMENDMENT - "FAMILY" DEFINITION Mr. Robert Payne, Development Services, presented the above amendment stating that the "family" definition has received a lot of scrutiny recently with the Meldo Park case and that the legal staff suggested a review. Mr. Payne stated the purpose of the review is to clarify the composition of a family; making it consistent with state and federal laws which may supersede the zoning ordinance; and, address issues surrounding the number of "unrelated people" living in a single family residence. Mr. Payne reviewed the current definition of "family" in the City of Corpus Christi Zoning Ordinance, Section 3 -1.24 and the proposed definition, which makes it clear there is no limit on the number of related persons constituting a family. Mr. Payne further stated that not more than four domestic service providers, caretakers, exchange students or borders be allowed; and adding that up to five unrelated persons living in a single dwelling unit constitute a family. Mr. Payne quoted a provision in state law called, "The Community Home Exception" which provides for the use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential and allows for six individuals with two caregivers. Mr. Payne stated that the amendment has been double advertised, once for this meeting and once for the City Council meeting of May 13, 2008. Mr. Jay Reining, Legal Counsel, stated that during the Meldo Park limitation, Judge Head informally indicated he was not certain what the city's family definition meant. Mr. Reining stated that different interpretations in the Meldo Park case were because the people living there were paying rent individually to live there which deemed them borders as opposed to family. Mr. Reining stated that currently there is no size limitation on what constitutes family, whether related or just living together. Mr. Reining stated there are all sorts of living arrangements in today's society and the city is trying to reflect that in the amendment. In response to Commissioner Huerta, Mr. Payne stated the definition of "dwelling unit" is presented as, "A room or a group of rooms, occupied or intended to be occupied as a Planning Commission Minutes April 30, 2008 Page 2 DRAFT separate living quarters by a single family or other group of persons living together as a household or by a person living alone." In response to Commissioner Huerta, Mr. Reining stated the city distinguishes between single family and multi - family dwelling units by how many kitchen areas they have. Mr. Reining stated that if a residence has a mother -in -law cottage, it cannot have a kitchen and stated that it is distinguished further in that they cannot have a stove in the mother -in- law cottage. Mr. Johnny Perales, Development Services, stated that the kitchen terminology that comes into play is in the definition of guest quarters, or servant's quarters. Mr. Perales quoted, "Living quarters within a detached accessory building located on the same premises...such quarters shall not have kitchen facilities or separate utility meters." Commissioner Loeb stated he believes the bottom line is that an accessory building cannot have a kitchen. In response to Vice - Chairman Garza, Mr. Reining stated that the community home exception is state law and allows six plus two caregivers, and in the case of the Meldo Park case, there were as many as 18 people and it was for alcohol rehab which is not one of the categories that is listed for a community group home. Mr. Reining stated that "community homes" apply to people who have orthopedic, visual, speech, or hearing impairments, Alzheimer disease, pre - senile dementia, cerebral palsy, epilepsy, muscular dystrophy, multiple sclerosis, cancer, heart disease, diabetes, mental retardation, autism and emotional illness. Mr. Payne stated that, per Mr. Nix, there are certain other things that the state defines as a half -way house that would not fall under this provision, and perhaps a new section in the ordinance is needed that specifies and covers those other things, such as early release programs. In response to Commissioner Skrobarczyk, Mr. Reining stated that a community home cannot exceed eight people total, and a community home cannot be established within or in addition to a residential home. Public hearing was opened. Mr. Tim Braley, 374 Meldo Park Drive, charter member of the Meldo Park Homeowners Association, came forward in support of the amendment, stating that forty-seven (47) out of the 48 residents of Meldo Park have lived with this situation for twenty -six months. Mr. Braley stated the Association has no problem with community homes, however, the difference here is that community homes are licensed by the state with licensed personnel and non - profit. Mr. Braley stated that although the current amendment may not be perfect, it is a good start. Mr. Braley urged the commission to pass this version of the amendment and to keep working on it as there are characters in the city that will try to take advantage of the system by picking and choosing between various laws to hide behind in order to run a boarding house. Mr. Braley stated that Meldo Park is a good neighborhood; he has raised five children there and still likes the neighborhood. Public hearing was closed. Planning Commission Minutes April 30, 2008 Page 3 DRAF Motion was made by Commissioner Martinez for approval of the amendment and was seconded by Commissioner Loeb with an amendment, the amendment being to itemize the information within the paragraph into a list, for example, #1) any number of persons living together in a dwelling unit or related to another resident of the dwelling by blood, marriage, legal adoption, guardianship or other legally custodial relationship and not more than a total of four domestic service providers, caretakers, exchange students or boarders; #2) up to five unrelated persons living in a single dwelling unit constitute a family; and, #3) residents of a community home constitute a family. Commissioner Loeb further requested that the last sentence of the paragraph be separated from the list as it applies to the entire definition. Commissioner Martinez approved the amended motion. In clarification, Mr. Payne stated the amended motion is requesting three bullet items and an item in paragraph form at the end that makes the statement. Motion passed unanimously with Commissioner Nadkarni being absent. H:1PLN- DIRISHARED\WORDIPLANNING COMMISSIONIMINUTE $12008104 -30 -08 FAMILY MINUTESDRAFT,DOC • Texas Code o Texas hr.toc.html HUMAN RESOURCES CODE CHAPTER 123. COMMUNITY HOMES FOR DISABLED PERSONS LOCATION ACT § 123.001. SHORT TITLE. This chapter may be cited as the Community Homes for Disabled Persons Location Act. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.002. DEFINITION. In this chapter, "person with a disability" means a person whose ability to care for himself, perform manual tasks, learn, work, walk, see, hear, speak, or breathe is substantially limited because the person has: (1) an orthopedic, visual, speech, or hearing impairment; (2) Alzheimer's disease; (3) pre - senile dementia; (4) cerebral palsy; (5) epilepsy; (6) muscular dystrophy; (7) multiple sclerosis; (8) cancer; (9) heart disease; (10) diabetes; (11) mental retardation; (12) autism; or `(13) emotional illness. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.003. ZONING AND RESTRICTION DISCRIMINATION AGAINST COMMUNITY HOMES PROHIBITED. (a) The use and operation of a community home that meets the qualifications imposed under this chapter is a use by right that is authorized in any district zoned as residential. (b) A restriction, reservation, exception, or other provision in an instrument created or amended on or after September 1, 1985, that relates to the transfer, sale, lease, or use of property may not prohibit the use of the property as a community home. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.004. QUALIFICATION AS COMMUNITY HOME. To qualify as a community home, an entity must comply with Sections 123.005 through 123.008 and be: (1) a community -based residential home operated by: (A) the Texas Department of Mental Health and Mental Retardation; (B) a community center organized under Subchapter A, Chapter 534, Health and Safety Code, that provides services to persons with disabilities; (C) an entity subject to the Texas Non - Profit Corporation Act (Article 1396 -1.01 et seq., Vernon's Texas Civil Statutes); or (D) an entity certified by the Texas Department of Human Services as a provider under the medical assistance program serving persons in intermediate care facilities for persons with mental retardation; or (2) an assisted living facility licensed under Chapter 247, Health and Safety Code, provided that the exterior structure retains compatibility with the surrounding residential dwellings. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. Amended by Acts 1997, 75th Leg., ch. 491, § 1, eff. Sept. 1, 1997; Acts 1999, 76th Leg., ch. 233, § 6, eff. Sept. 1, 1999. § 123.005. REQUIRED SERVICES. A community home shall provide the following services to persons with disabilities who reside in the home: (1) food and shelter; (2) personal guidance; (3) care; (4) habilitation services; and (5) supervision. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.006. LIMITATION ON NUMBER OF RESIDENTS. (a) Not more than six persons with disabilities and two supervisors may reside in a community home at the same time. (b) The limitation on the number of persons with disabilities applies regardless of the legal relationship of those persons to one another. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.007. LICENSING REQUIREMENTS. A community home must meet all applicable licensing requirements. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.008. LOCATION REQUIREMENT. A community home may not be established within one -half mile of an existing community home. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.009. LIMITATION ON NUMBER OF MOTOR VEHICLES. Except as otherwise provided by municipal ordinance, the residents of a community home may not keep for the use of the residents of the home, either on the premises of the home or on a public right -of -way adjacent to the home, motor vehicles in numbers that exceed the number of bedrooms in the home. Added by Acts 1991, 72nd Leg., ch. 16, § 12.01(a), eff. Aug. 26, 1991. § 123.010. ENSURING THE SAFETY OF RESIDENTS. The Texas Department of Mental Health and Mental Retardation shall make every reasonable effort to ensure the safety of community home residents and the residents of a neighborhood that is affected by the location of a community home. Added by Acts 1993, 73rd Leg., ch. 646, § 14, eff. Aug. 30, 1993. Case 2:06 -cv )133 Document 46 Filed 03/19/;x.,. 8 Page 1 of 6 UNITED STATES DISTRICT COURT IN THE SOUTHERN DISTRICT OF TEXAS CORPUS CHRISTI DIVISION Cody Smithers, et al., Plaintiffs, v. City of Corpus Christi, Defendant. Civ, No. CC -06 -133 MEMORANDUM OPINION This is a suit by home - owner, Cody Smithers, against the City of Corpus Christi, Texas, about restrictions the city is imposing under the authority of its zoning ordinance. The house at 326 Meldo Park is within a zoning district limited to one- family dwellings. Smithers believes that certain provisions of federal law apply to his use of his home and preempt the city's authority to enforce its zoning ordinance against him. By his suit he asks the court to enjoin the city from enforcing its ordinances. Specifically, Smithers believes that the Fair Housing Act, 42 U.S.C. §3604(f)(1), which prohibits discrimination against the disabled, protects him from the city's intrusion on his sponsorship and operation of a recovery home for twenty recovering alcoholics and substance abusers. He has named his home "Safe Place." in addition to this federal statute, Smithers refers the Court to numerous decisions of federal courts that require municipalities to reasonably accommodate their zoning decisions on behalf of the disabled, including recovering substance Case 2 :06- cv -v)133 Document 46 Filed 03119/2tid8 Page 2 of 6 abusers. Edmonds v Oxford House Inc., 115 S.Ct. 1776 (1995); Elderhaven v Lubbock, 98 F.3d 175 (5th Cir. 1976); Groome Resources Ltd. v. Jefferson Parish, 234 F.3d 192 (5th Cir. 2000). Municipalities such as Corpus Christi can be liable for discrimination if they refuse to make reasonable accommodations for the disabled. Groome, 234 F.3d 192, 200. The City of Corpus Christi does not challenge Smithers' assertion Safe Place residents are recovering addicts who are by law "disabled" and are protected from discrimination in housing by the Fair Housing Act. Nor does the City take issue with the application of the "reasonable accommodations" provisions of the Fair Housing Act to the City zoning ordinances. The only real dispute between the parties is what "reasonable accommodations" means when applied to Safe Place on Meldo Park. Clear Fifth Circuit law assigns Smithers the obligation to prove that the City of Corpus Christi has failed to reasonably accommodate him and Safe Place in its regulation of housing. Elderhaven, 98 F.3d at 178. The evidence that plaintiff offered at trial falls short of its legal task and the Court's verdict must, therefore, be in favor of the City. Cody Smithers, the owner of Safe Place, is a recovering substance abuser. He purchased the house at 326 Meldo Park in February of 2006, The house is 4,216 square feet, including convertible garage space. Safe Place houses individuals in recovery from drug and alcohol addiction. At the time of the trial, eighteen people, ranging in age from twenty -eight to fifty -six years, lived in the Case 2:06- cv -LJ133 Document 46 Filed 03/19/2u1 Page 3 of 6 Safe Place house. Safe Place has significant turnover in membership. Only seven members have lived in the house continuously since February 2006. Sixteen residents of Safe Place pay $340 /month or $90 /week for their housing and food. Smithers and his house manager Jeff Ozbirn do not pay rent. Smithers' equity share in the home increases with monthly payments on his mortgage, funded at least in part by residents' contributions. Safe Place functions as a bridge between clinical treatment and independent life. Residents of Safe Place share in cooking and household chores. Most residents also have outside jobs. Safe Place's congregate living structure provides support, teaches relevant life skills, and encourages abstinence from substance abuse. Safe Place conducts random drug tests and expels any member found to be using drugs or alcohol. Smithers and Ozbirn testified that a traditional neighborhood environment aids recovery from drug and alcohol addictions. Safe Place does not permit residents with convictions for drug manufacturing or sex crimes against children. Since February 2006, there have been no reports of criminal activity occurring in or around 326 Meldo Park, or otherwise associated with Safe Place. Neighbors of Safe Place testified that foot and vehicular traffic have increased in the neighborhood and that parked cars obstruct the alley behind Safe Place. Safe Place is located in an R -IB zoning district, known as a "one- family- dwelling zoning district." The City's zoning ordinance defines family as "[a] person or persons, occupying a dwelling, living together and maintaining a Case 2:06- cv -J133 Document 46 Filed 0311912 J8 Page 5 of 6 the disabled must be changed. The statute requires only accommodations necessary to ameliorate the effect of plaintiffs' disability so that they may compete equally with the non - disabled in the housing market. Bryant Woods Inn, Inc. v. Howard County, 124 F.3d 597, 603 -04 (4th Cir.1997) ( "[I]f the proposed accommodation provides no direct amelioration of a disability's effect, it cannot be said to be `necessary. "'). Evidence at trial showed that the average occupancy of a single- family dwelling in Corpus Christi is 3.27 people, while plaintiffs seek to house twenty people in a single house. On the record of this case, considering the unopposed testimony of Smithers, the Court does not deny that group living has therapeutic value. Smithers failed to produce any evidence that a group of eighteen to twenty people in a single home constitutes a critical mass for effective recovery from addiction. In fact, plaintiffs acknowledged that Safe Place previously included fewer residents in a smaller house. The Court further notes that the transience of most of Safe Place's residents further undermines the concept of the entire group as a cohesive therapeutic family. In short, plaintiffs failed to carry their burden of proving that the accommodation of this number of recovering addicts was necessary to make Safe Place therapeutically viable. The Court is also mindful that "the economics of group living arrangement[s] often require a critical mass of residents in order to make feasible the type of alternative living arrangement that the Fair Housing Act was designed to encourage." Elderhaven, 98 F.3d at 179. However, plaintiff demonstrated only Case 2:06-cv-J133 Document 46 Filed 03!19 /2uti8 Page 4 of 6 common household, which may include up to four (4) boarders or roomers if each has a rental contract to occupy the dwelling for at least thirty (30) consecutive days." Corpus Christi, Texas, Zoning Ordinance 3 -1.24 (21st ed. March 2005).1 On February 22, 2006, the City informed plaintiff that it found Safe Place in violation of the one - family- dwelling restriction. Id. at 4 -4.01. The City conducted an inspection of Safe Place and determined that it qualified as a boarding house- within the zoning ordinance. The zoning ordinance defines a boarding house as "a building other than a hotel or apartment hotel where, for compensation and by pre - arrangement for definite periods, meals or lodging and meals are provided for five (5) or more persons, but not exceeding twenty (20) persons." Id. at 3 -1,07. Considering the transient living arrangements of many of the Safe Place residents, the Court finds that the City was reasonable in its determination. The City began enforcement procedures, seeking steep, daily fines. Smithers requested an accommodation from the City, which responded that Safe Place would be permitted to operate with six residents. Instead of negotiating with the city or even requesting further hearings, Smithers took the "take it or leave it" approach of filing suit for the accommodation of twenty people. In order to prove a violation of the Fair Housing Act, plaintiffs must prove that the requested accommodation is "necessary to afford [handicapped} person[s] equal opportunity to use and enjoy a dwelling." 42 U.S.C. § 3604(f)(3)(B). This element limits the accommodation duty so that not every rule that inconveniences I Ironically, the so- called " one - family - dwelling" restriction fails to restrict dwellings to single families in the traditional sense of those related by blood, marriage or adoption. Case 2,06- cv -L.A33 Document 46 Filed 03/19/2J3 Page 6 of 6 that a large number of residents may be necessary to make the particularly large house at 326 Meldo Park economically feasible. Such a showing is insufficient under the FHA. Hemisphere Bldg. Co., Inc. v. Vill. of Richton Park, 171 F.3d 437, 440 (7th Cir.1999) (FHA bars discrimination against "handicapped people by reason of their handicap, rather than ... by virtue of what they have in common with other people, such as a limited amount of money to spend on housing. "). Plaintiffs did not prove that Safe Place could not be sustained by a smaller number of residents paying higher rent or that a smaller house with lower overhead would not be financially viable. For the foregoing reasons, the Court concludes that Smithers has failed to prove that the City has discriminated against him, his residents and boarders, by refusing to grant a reasonable accommodation "necessary to afford [handicapped] person[s] equal opportunity to use and enjoy a dwelling" and required by the Fair Housing Act, 42 U.S.C. § 3604(f)(3)(B). The plaintiffs are not entitled to relief. So ORDERED this 19th day of March, 2008. Page 1 of 4 AN ORDINANCE AMENDING ARTICLE 3, DEFINITIONS, OF THE ZONING ORDINANCE BY ADDING A NEW DEFINITION .FOR A COMMUNITY HOME AS SECTION 3- 1.15.1 AND BY REVISING THE DEFINITION OF FAMILY IN SECTION 3 -1.24; PROVIDING FOR SEVERENCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION. WHEREAS, the Planning Commission has forwarded to the City Council its reports and recommendations concerning the amendment of the Zoning Ordinance of the City of Corpus Christi; WHEREAS, with proper notice to the public, public hearings were held on Wednesday, April 30, 2008, during a meeting of the Planning Commission, and on Tuesday, May 13, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, the City Council has determined that this amendment would best serve public health, necessity, and convenience and the general welfare of the City of Corpus Christi and its citizens. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the Article 3, Definitions, Zoning Ordinance of the City of Corpus Christi, Texas, is amended by adding a new Section 3- 1.15.1 and by revising Section 3- 1.24 to read as follows: "ARTICLE 3. DEFINITIONS. "Section 3.1 Words used in the present tense include the future, words in singular number include the plural number, and words in the plural number include the singular; the word "building" includes the word "structure;" the word "shall" is mandatory and not directory. In the interpretation of this Ordinance only, and no other certain terms and words are hereby defined as follows: "3- 1.15.1 Community home. A single dwelling unit on property that has residential zoning that is occupied in compliance with the Texas Community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. * Family -- 05012008 Page 2 of 4 "3 -1.24 Family. "(a) A family includes: "(1) Any number of persons living together in a dwelling unit who are related to another resident of the dwelling by blood, marriage, legal adoption, guardianship, or other legally authorized custodial relationship, and not more than a total of four domestic service providers, caretakers, exchange students, or boarders; "(2) Up to five unrelated persons living in a single dwelling unit constitute a family; or "(3) Residents of a community home constitute a family, even if the number of unrelated occupants exceeds the number of occupants otherwise allowed in this definition. "(b) This definition may not be construed to limit the rights of persons with disabilities and their caretakers to occupy a single dwelling under their protected status afforded by the Americans with Disabilities Act and the Federal Fair Housing Act. * * * * * SECTION 2. That the Zoning Ordinance and Zoning Map of the City of Corpus Christi, Texas, approved on the 27th day of August, 1973, as amended from time to time, except as changed by this ordinance and any other ordinances adopted on this date, remain in full force and effect. SECTION 3. That to the extent that this amendment to the Zoning Ordinance represents a deviation from the Comprehensive Plan, the Comprehensive Plan is amended to conform to the Zoning Ordinance, as amended by this ordinance. SECTION 4. That any ordinance or part of any ordinance in conflict with this ordinance is expressly repealed by this ordinance. SECTION 5. 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 Family -- 050/2008 Page 3 of 4 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 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 35 -3 of the Zoning Ordinance of the City of Corpus Christi, Texas. SECTION 7. 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. Family -- 05012008 Page 4 of 4 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED: 2nd day of May, 2008: R. ay r eining First ' ssistant City Attorney For City Attorney Family -- 05012008 Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2008. Henry Garrett Mayor 83-00-'06 1L: mw! rrsul'1 —LWv, , b1/U, FLAHNIA FENCE CORNER �S 79'10'06" w / J ] 0.89' f LOT JIETAIL NOT TO SCALE STAPLES STREET SET 600 NAIL AREA TO HE REZONED OWNER: JOHN H. BRADSHAW 314 S. STAPLES APPROXIMATE LOCATION 07 EXISTIMG CHAIN LINK FENCE SET 60D 184' TO DRILL HOLE NAIL A FENCE CORNER LOT 8 SEW DETAIL N 81'00 "00' E 62.5' FENCE CORKER LOT 5 1014 AGNES '1' -06b F01i /802 F -083 LOT 10 EAST 1/2 OF LOT 8. AND LOTS 9 & 10, BLOCK 7, CHAM8_1-RLIN'S SUBDIVISION, VOLUVIE A, PAGE 16 CONCRETE DRIVE NORTH N N 09.00'00" W 150' TO WEST R.O.W 1 LINE OF ICING ST. AGNES STREET N 81'00'00" E DRILL HOLE 62.5' (60' RIGHT —OF —WAY) P6' 40' 60' L 5/8 "IRON ROD NC1E BL RIN;,S SHOWN ARE FR CM THE PLAT OR CHAIII3ERLIN'S SUBD1V SIGN AS SHOWN, *cotoe -m. KING STREET _XIS I— 0!- whS1 1/2 OF LOT ! FLGCi< CI•;NM^FRI..I`.I 'mil I\ CHl G:. DWG, No.: 08519 -960 SCALE : OA1E : 3- 13•-2008 OM. BY : Kv 7� MAVE RZ ,I< J NNGI1tiI .RING, �.� a+ ]OF4 cc}FJS a!si5T,.:X /OVA :i_ 696 )S:0 la'. Ai! 395 _..� Family Presentation Planning Commission April 30, 2008 Proposed Definition • Clarify the composition of a family. • Make consistent with U.S. Supreme Court rulings prohibiting limits on family size. • Make consistent with state law concerning "community home ". Existing Definition • 3 -1.24 Family. • A person or persons, occupying a dwelling, living together and maintaining a common household • Up to four (4) boarders or roomers • Rental contract to occupy the dwelling for at least thirty (30) consecutive days. • Does not include Bed and Breakfast Home Proposed Definition • Family. • Any number of persons ...related to another resident of the dwelling by blood, marriage, legal adoption, guardianship, or other legally authorized custodial relationship. • Not more than four domestic service providers, caretakers, exchange students, or boarders. • Up to five unrelated persons living in a single dwelling unit constitute a family. • Community Home exception. Existing Definition • 3 -1.24 Family. A person or persons, occupying a dwelling, living together and maintaining a common household, which may include up to four (4) boarders or roomers if each has a rental contract to occupy the dwelling for at least thirty (30) consecutive days. This definition does not include lodgers in a bed and breakfast home (B &B) or bed and breakfast home with special events (B &B /SE). (Ordinance 24580, 09/11/01). Proposed Definition • Any number of persons living together in a dwelling unit who are related to another resident of the dwelling by blood, marriage, legal adoption, guardianship, or other legally authorized custodial relationship, and not more than a total of four domestic service providers, caretakers, exchange students, or boarders. Up to five unrelated persons living in a single dwelling unit constitute a family. Proposed Definition • Residents of a community home constitute a family, even if the number of unrelated occupants exceeds the number of occupants otherwise allowed in this definition. This definition may not be construed to limit the rights of persons with disabilities and their caretakers to occupy a single dwelling under their protected status afforded by the Americans with Disabilities Act and the Federal Fair Housing Act. Proposed Definition • Community Home: A single dwelling unit on property that has residential zoning that is occupied in compliance with the Texas community Homes for Disabled Persons Location Act, Chapter 123, Texas Human Resources Code. 20 AGENDA MEMORANDUM May 13, 2008 AGENDA ITEM: Public Hearing and Ordinance waiving the requirements in Sections V.A.3.a)(1) and V.A.3.b)(2), Corpus Christi Platting Ordinance, relating to the installation of permanent water and wastewater service to Maple Hills Subdivision, Unit 5, and the recording of the final plat; authorizing the City Manager, or Designee, to execute a development agreement with John and Linda Mikulencak, which authorizes the filing of a final plat for Maple Hills Subdivision, Unit 5, before permanent water and wastewater service is provided to the development; providing for severance; and declaring an emergency. ISSUE: John and Linda Mikulencak, developers of the Maple Hills Unit 5 residential subdivision development project, (Project), have requested a development agreement to document conditions, roles, and responsibilities between the City and the Developers associated with recordation of final plat and interim and permanent water and wastewater service to the Project. REQUIRED COUNCIL ACTION: Council authorization is required for the City Manager to enter into a development agreement with John and Linda Mikulencak, (Developers). CONDITION: Developer must comply with all conditions and requirements included in the Development Agreement. RECOMMENDATION: Staff recommends approval of the motion as presented. \A jes t re„,4 Robert Nix, AICF, Assistant City Manager for Development Services Attachments: Exhibit A Exhibit B Exhibit C Exhibit D Background Information Development Agreement Construction Cost Information Final PlatNicinity Map AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Maple Hills Unit 5 is a 62 lot residential subdivision project located southeast of the intersection of McKenzie Road and Up River Road in the Tuloso- Midway area of the City. John and Linda Mikulencak, the developers of the Maple Hills Subdivision Unit 5 have requested a variance from the City's 75% Completion of Construction requirement for recordation of the final plat for the project. The 75% Completion of Construction, in accordance with Sections V.A.3.a)(1) and V.A.3.b)(2) of the City's Platting Ordinance, requires that the installation of permanent water and wastewater service to the subdivision be complete and accepted for operation by the City before the plat is recorded. However, the construction of the permanent water and wastewater service to this subdivision is contingent upon completion of utility improvements included within the City's capital improvement project for reconstructing Up River Road between McKenzie Road and Rand Morgan Road. The construction of the subdivision was originally scheduled to coincide with the Up River Road improvements, but completion of the subdivision has progressed ahead of the City's project. The City's project is anticipated to be complete in late September or early October. The subdivision meets all requirements for 75% completion, except for the final off-site water and wastewater connections associated with the City project. The delays resulting from strict compliance with the provisions of the Platting Ordinance relating to the filing of the final plat in this unique situation would create an unreasonable and exceptional hardship on the developers. Consequently, the developers are requesting that plat recordation be allowed before these improvements are completed so that vertical construction of residential structures may begin. The City and the developers desire to work together in good faith to provide public and private improvements serving the general area of the Project for the benefit of the citizens of the City and surrounding areas. The developer has submitted construction plans which will provide for interim water and wastewater service, meeting the City's minimum service criteria. These plans have been approved, and construction is underway. Under conditions of the agreement, no building permit applications will be accepted for any lots within the subdivision which are outside of the areas meeting the minimum water and wastewater service criteria. The Planning Commission, during its meeting of April 30, 2008, reviewed the proposed development plan for consistency with the City's comprehensive plan, and voted to recommended its' execution. The City Charter requires consideration and voting upon ordinances at two regular meetings. In an effort to minimize project delays and their adverse impact upon the developers, a written request by the Mayor or five Council members, copy attached, has been completed which allows the City Council to find and -1- Exhibit A declare an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspend the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance may be passed and take effect upon first reading as an emergency. 2 Exhibit A DEVELOPMENT AGREEMENT STATE OF TEXAS COUNTY OF NUECES This Development Agreement ( "Agreement ") is made and entered into by and between the City of Corpus Christi, Texas ( "City "), a Texas home rule municipality, and John Mikulencak and Linda Mikulencak ( "Developers "), 3826 Apollo, Corpus Christi, Texas 78413, in this Agreement collectively referred to as the "Parties ". INTRODUCTION A. Developers are the owners of certain interests in real property in Nueces County, Texas, known as Maple Hills Subdivision, Unit 5, ( "Subdivision ") which they are developing. Maple Hills Subdivision, Unit 5, is further described and depicted on Exhibit A attached to this Agreement and made a part of this Agreement. B. The Developers are requesting a variance from the City's Steps for Acceptance of Subdivision Improvements, dated April 19, 2004, and the 75% Completion of Construction requirement for recordation of the final plat in the Corpus Christi Platting Ordinance. C. Installation of permanent water and wastewater service to this Subdivision is contingent upon completion of utility improvements included within the City's capital improvement project for reconstruction of Up River Road between McKenzie Road and Rand Morgan Road. Although construction of the Subdivision was originally scheduled to coincide with the Up River Road improvements, completion of the Subdivision has progressed in advance of the City's project. D. At this point, the Subdivision meets all requirements for 75% completion, except for the final off -site water and wastewater connections associated with the City project, which are currently anticipated to be complete in late September or early October. E. The Developers are requesting that plat recordation be allowed before these improvements are completed so that vertical construction of residential structures may begin. F. The Parties desire to work together in good faith to provide public and private improvements serving the general area of the Project for the benefit of the citizens of the City and surrounding areas. NOW, THEREFORE, for the mutual assurances set forth in this Agreement and good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the Parties agree as follows: Page 1 of 12 H :1 LEG- DIRISharedlJaylAgenda1200815- 131Maple Hills 5 Development Agreement — rjr 04252008.doc ARTICLE I CITY'S RESPONSIBILITIES Section 1.1. Construction Plans. The City agrees to allow the Developers, at the Developers' expense, to connect to the City's water and wastewater lines, after acceptance by the City Engineer, as part of Capital Improvement Project No. 6265. The connections must comply with all City requirements and engineering construction standards. Section 1.2. Funding. The City has no obligations to fund any of the infrastructure costs required for the Subdivision's development, including any costs associated with the connection of water and wastewater service to the Subdivision. Section 1.3. Permits. a. The City agrees to record the final plat for this Subdivision upon completion of all requirements for 75% Completion of Construction as described in the City's Platting Ordinance, and in the Steps for Acceptance of Subdivision Improvements, dated April 19, 2004, with the exception of the required water and wastewater improvements within the Up River Road right -of -way. b. The City will issue building permits for structures within the Maple Hills Unit 5 Subdivision after recordation of final plat, with the following exception: No building permits for any structures on Lots 11 through 28 of Block 2 will be issued until all subdivision requirements, under the City's Platting Ordinance and the Steps for Acceptance of Subdivision Improvements, are 100% complete, and accepted by the City, including those improvements within the Up River Road right -of -way. Section 1.4. Ownership. The City agrees to accept ownership of public improvements upon completion and acceptance of all public improvements within the Subdivision and the Capital Improvement Project for the reconstruction of Up River Road between McKenzie Road and Rand Morgan Road (Project No. 6265). ARTICLE II DEVELOPERS' RESPONSIBILITIES Section 2.1. Interim Construction Plans and Construction. a. The Developers agrees, at the Developers' expense, to submit for City approval, plans for interim water and wastewater service. b. The interim water and wastewater service must be installed by the Developers under City requirements, inspected by the City, and upon acceptance by the City, put into operation, all as a requirement for meeting 75% Completion of Construction for plat recordation. c. All costs associated with the installation, operation, and maintenance of the interim water and wastewater service are the responsibility of the Developers. Page 2 of 12 H:1 LEG- DIR1 SharedlJaylAgenda120 0 815- 1 31Maple Hills 5 Development Agreement -- rjr 04252008.doc d. The Developers are responsible for removing any water or debris from the wastewater collection system prior to and as a condition of acceptance by the City. e. Removal of any interim water or wastewater infrastructure components not required for permanent service according to the approved construction plans for the Subdivision are the responsibility of the Developers. f. The Developers are responsible for servicing and maintaining all water distribution and wastewater collection lines within the Subdivision until the permanent connections are made to the City's water and wastewater lines within the Up River Road right -of- way. Section 2.2. Compliance. a. Notwithstanding any provisions in the City's ordinances, rules and regulations to the contrary, the Developers agrees to comply with all applicable codes, ordinances, rules, and regulations that are in effect as of the date of this Agreement, or as amended or supplemented as a result of this Agreement. b. Installation of and connection to the water utilities improvements, must comply with all requirements of the International Plumbing Code, 2003, as amended in Section 14- 281 of the Corpus Christi Code and the City of Corpus Christi Water Distribution System Standards for fire flow. c. Fire flow must be calculated based on the ISO classifications as to construction type and occupancy type. d. Installation of and connection to the wastewater utilities improvements must comply with the approved construction plans, Texas Commission on Environmental Quality Chapter 317 requirements, and standard construction details published by the City's Department of Engineering Services. Section 2.3. Fire Safety Requirements. a. The Developers' Engineer, at the Developers' cost, shall certify the limits of the Subdivision that will, under the conditions of the interim water service connection, meet fire protection standards for they type of occupancy and construction proposed pursuant to ISO Fire Suppression Rating Schedule as adopted by the Texas Department of Insurance, or the City's Water Distribution System Standards, whichever is more restrictive. b. No building permits will be issued for any structures within the Subdivision beyond these limits until the Subdivision meets the 100% completion requirements described in Section 1.3, Permits, above. Page 3 of 12 H:1 LEG- DIR15hared \JaylAgenda1200815- 131Maple Wills 5 Development Agreement — rjr 04252008.doc Section 2.4. Permanent Water and Wastewater Connections. Developers /Owner agrees for itself, its successors, transferees, and assigns, as follows: (1) The Developers shall coordinate permanent water and wastewater connections, and any other Subdivision improvements required within the Up River Road right -of -way, with the City's Capital Improvement Project for the reconstruction of Up River Road. (2) The Developers shall make permanent connections to the City's water and wastewater lines within the Up River Road right -of -way within the timeframe designated by the City Engineer. (3) Under no circumstances may any newly constructed pavement sections be intentionally damaged or disturbed. (4) The Developers are responsible for the cost of restoring any pavement unintentionally damaged as a result of construction of improvements required for the Subdivision. Section 2.5. Security of Deferred Improvements. a. The Developers agrees to provide to the City, in a form acceptable to the Finance and Legal Departments, a security in the amount of 110% of the Engineer's estimate of cost of the deferred improvements for the Subdivision. b. Upon acceptance of the permanent connection to the City's water and wastewater lines in the Up River Road right -of -way by the City Engineer, or at a later time as may be mutually agreed upon by both parties, the City Engineer will immediately release Developers from all obligations under this Agreement, by mailing a Release Letter to the developers at the address provided in Section 4.1.c of this Agreement, and thereafter refund to the Developers within sixty (60) days of the completion of construction and settlement of construction contracts, any balance remaining of all monies received by the City from the Developer, including interest earned. e. If the required improvements, including construction of the permanent connection to the City's water and wastewater lines in the Up River Road right -of -way have not been completed by deadline set by the City Engineer, or if the Developer fails to deposit any increase security as set out below, after notice to the Developer and opportunity to cure as stated in Paragraph 8 below, the City will transfer the balance of the amounts received, including any interest earned, to the appropriate City fund and the City will then begin completion of the required improvements, including construction of the permanent connection to the City's water and wastewater lines in the Up River Road right -of -way with any monies received from the Developers, both principal and interest, remaining after completion of construction being refunded by the City to the Developer. d. If City constructs all or any part of the improvements, the Developers agree to reimburse the City for any additional cost of the improvements, if the sum of money and Page 4 of 12 H:1 LEG- DIRISharedWaylAgenda1200815- 131Maple Hills 5 Development Agreement — rjr 04252008.doc interest prove inadequate to complete the improvements, within thirty (30) days after City completes the improvements and bills the Developer. e. The City and Developers agree that if the Developers formally vacates the current plat, with approval of the Planning Commission, prior to the deadline for the completion of the construction of the required improvements, including construction of the permanent connection to the City's water and wastewater lines in the Up River Road right -of -way, with related infrastructure, the money received by the City from the Developers, remaining on deposit, plus interest earned, will be released and immediately returned to the Developer. f. If Developers default in any of its covenants or obligations under this Agreement, the City Engineer will send Developer and the Project Engineer written notice by certified mail, return receipt requested, advising Developer of the default and giving Developers thirty (30) days from date of receipt of the letter to cure the default. g. If the Developers fail to cure the default after such notice and opportunity to cure, the City Engineer will exercise the City's rights and transfer any monies received and interest earned to the appropriate fund of the City to complete the deferred improvements. h. In the event there are any monies received by the City from the Developers, plus interest earned, remaining after the City has completed construction of the improvements, the excess monies, both principal and interest, shall be refunded to Developers within sixty (60) days of the completion of construction and settlement of construction contracts. i. The Developers agree that the City, after notice in writing to the Developers and Project Engineer, may accelerate payment or performance or require additional security when the City Engineer determines that the prospect of payment or performance is questionable. Section 2.6. Indemnification. a. THE DEVELOPERS RELEASE AND COVENANT TO FULLY INDEMNIFY, SAVE, AND HOLD HARMLESS THE CITY OF CORPUS CHRISTI, ITS OFFICERS, EMPLOYEES, OR AGENTS ( "INDEMNITEES ") FROM, AND AGAINST ALL CLAIMS, DEMANDS, ACTIONS, DAMAGES, LOSSES, COSTS, LIABILITIES, EXPENSES, AND JUDGMENTS RECOVERED FROM OR ASSERTED AGAINST CITY ON ACCOUNT OF INJURY OR DAMAGE TO PERSON (INCLUDING, WITHOUT LIMITATION ON THE FOREGOING WORKERS' COMPENSATION AND DEATH CLAIMS), OR PROPERTY LOSS OR DAMAGE OF ANY KIND WHATSOEVER, TO THE EXTENT ANY DAMAGE OR INJURY MAY BE INCIDENT TO, ARISE OUT OF, BE CAUSED BY, OR BE IN ANY WAY CONNECTED WITH, EITHER PROXIMATELY OR REMOTELY, WHOLLY OR IN PART, THE DEVELOPERS'S CONSTRUCTION, EXISTENCE, USE, OPERATION, MAINTENANCE, ALTERATION, REPAIR, OR REMOVAL OF THE INSTALLATION, OPERATION, OR MAINTENANCE OF THE INTERIM WATER OR Page 5 of 12 H: 1LEG- DIRISharedlJaylAgenda120 0 815- 1 31Maple Hills 5 Development Agreement -- fir 04252008.doc WASTEWATER SERVICE TO THE SUBDIVISION; THE PERFORMANCE OF THIS AGREEMENT; AN ACT OR OMISSION, NEGLIGENCE, OR MISCONDUCT ON THE PART OF THE DEVELOPERS OR ANY OF THEIR AGENTS, SERVANTS, EMPLOYEES, CONTRACTORS, PATRONS, GUESTS, LICENSEES, SUBCONTRACTOR, INVITEES, OR OTHER PERSONS ENTERING UPON THE SUBDIVISION, OR THE ADJOINING CITY RIGHT -OF -WAY UNDER THIS AGREEMENT WHETHER AUTHORIZED WITH THE EXPRESSED OR IMPLIED INVITATION OR PERMISSION OF THE DEVELOPERS (COLLECTIVELY "THE DEVELOPERS'S INVITEES ") OR NOT; WHEN ANY INJURY OR DAMAGE IS THE RESULT, PROXIMATE OR REMOTE, OF THE VIOLATION BY THE DEVELOPERS, OR THE DEVELOPERS'S INVITEES OF ANY LAW, ORDINANCE, OR GOVERNMENTAL ORDER OF ANY KIND; WHEN ANY INJURY OR DAMAGE MAY IN ANY OTHER WAY ARISE FROM OR OUT OF THE USE OF THE SUBDIVISION ITSELF BY ANY PERSON, WHETHER AUTHORIZED TO USE THE SUBDIVISION PREMISES OR NOT; OR WHETHER THE INJURY, LOSS, OR DAMAGE IS CAUSED BY THE SOLE OR CONTRIBUTORY NEGLIGENCE OF THE INDEMNITEES OR ANY OF THEM. b. THE DEVELOPERS COVENANT AND AGREE THAT IF THE CITY IS MADE A PARTY TO ANY LITIGATION AGAINST THE DEVELOPERS OR IN ANY LITIGATION COMMENCED BY ANY PARTY, OTHER THAN THE DEVELOPERS RELATING TO THIS AGREEMENT, THE DEVELOPERS SHALL, UPON RECEIPT OF REASONABLE NOTICE REGARDING COMMENCEMENT OF LITIGATION, AT ITS OWN EXPENSE, INVESTIGATE ALL CLAIMS AND DEMANDS, ATTEND TO THEIR SETTLEMENT OR OTHER DISPOSITION, DEFEND THE CITY IN ALL ACTIONS, AND PAY ALL CHARGES OF ATTORNEYS AND ALL OTHER COSTS AND EXPENSES OF ANY KIND ARISING FROM ANY LIABILITY, DAMAGE, LOSS, CLAIMS, DEMANDS, AND ACTIONS. Section 2.7. Insurance. The Developers must provide insurance in the amounts, types of coverage, and conditions required by the City's Director of Risk Management, or designee, ( "Risk Manager") a copy of which is attached and incorporated into this Agreement as "Exhibit B ". Section. 2.8. Disclosure of Interest.. Developer further agrees, under the City of Corpus Christi Ordinance No. 17112, to complete, as part of this Agreement, the Disclosure of Ownership Interests form attached hereto as Exhibit "C ". ARTICLE 11I TERM, ASSIGNMENT AND AMENDMENT Section 3.1. Term. a. The term of this Agreement commences on the Effective Date (as defined subsection b of this Section), and continues until completion of the terms, conditions, covenants, and obligations of this Agreement, unless terminated.on an earlier date Page 6 of 12 H:1 LEG- DIRIShared \Jay\Agenda1200815- 131Maple Hills 5 Development Agreement -- rjr04252008.doc under other provisions of this Agreement or by written agreement of the City and the Developers. b. The Effective Date of this Agreement is the date of full execution by the Parties. c. This Agreement will be binding upon and inure to the benefit of the Parties and their respective successors and assigns. Section 3.2. Amendment by Agreement. a. This Agreement may be amended as to all or part of the Subdivision at any time by mutual written consent of the City and Developers, or their successors or permitted assigns. b. Amendments and changes in the approved construction plans and specifications and to the terms of this Agreement may be administratively approved on behalf of the City when the change does not increase the cost of the purchase and installation of the improvements by more than twenty -five percent (25 %) or by more than Twenty -five Thousand Dollars ($25,000), whichever is Tess. Section 3.3. Assignment. a. This Agreement and the rights of the Developers may be assigned to any subsequent owner of all or a portion of Maple Hills Unit 5, subject to the prior written consent of the City, which consent will not be unreasonably withheld. b. Any assignment will be in writing, will specifically set forth the assigned rights and obligations and will be executed by the proposed assignee. Section 3.4. Cooperation. The Parties will cooperate with each other as reasonable and necessary to carry out the intent of this Agreement, including but not limited to the execution of such further documents as may be reasonably required. Section 3.5. Covenant running with the land. The Parties agree that this instrument is a binding instrument and when recorded, at Developers' cost and expense, must be a covenant running with the land. ARTICLE IV MISCELLANEOUS PROVISIONS Section 4.1. Notice. a. Any notice given under this Agreement must be in writing and may be given by one of the following methods: (1) By depositing it in the United States mail, certified, with return receipt requested, addressed to the party to be notified and with all charges prepaid. Page 7 of 12 H:1 LEG -DIRl Shared .Jay'Agenda1200815- 1Maple Hills 5 Development Agreement — rjr 04252008.dac (2) By depositing it with Federal Express or another service guaranteeing "next day delivery", addressed to the party to be notified and with all charges prepaid. (3) By personally delivering it to the party, or any agent of the party listed in this Agreement. (4) By facsimile with confirming copy sent by one of the other described methods of notice set forth. b. Notice by United States mail will be effective on the earlier of the date of receipt or three (3) days after the date of mailing. c. Notice given in any other manner will be effective only when received. For purposes of notice, the addresses of the Parties will, until changed as provided below, be as follows: City: City of Corpus Christi Attn: City Manager 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469 -9277 With Required Copy to: City of Corpus Christi Attn: City Attorney 1201 Leopard Street PO Box 9277 Corpus Christi TX 78469 -9277 Developers: John Mikulencak and Linda Mikulencak 3826 Apollo Corpus Christi, Texas 78413 d. The Parties may change their respective addresses to any other address within the United States of America by giving at least five (5) days' written notice to the other party. e. The Developers may, by giving at least five (5) days' written notice to the City, designate additional parties to receive copies of notices under this Agreement. Section 4.2. Severability; Waiver. a. If any provision of this Agreement is illegal, invalid, or unenforceable, under present or future laws, it is the intention of the Parties that the remainder of this Agreement not be affected, and, in lieu of each illegal, invalid, or unenforceable provision, that a provision be added to this Agreement which is legal, valid, and enforceable and is as similar in terms to the illegal, invalid, or enforceable provision as is possible. Page 8 of 12 H:1 LEG- DIRISharedlJaylAgenda1200615- 131Maple Nils 5 Development Agreement — rjr 04252008.doc b. Each of the rights and obligations of the Parties to this Agreement are separate covenants. c. Any failure by a party to insist upon strict performance by the other party of any provision of this Agreement will not be deemed a waiver of such provision or of any other provision, and such party may at any time thereafter insist upon strict performance of any and all of the provisions of this Agreement. Section 4.3. Applicable Law and Venue. The laws of the State of Texas govern the interpretation, performance, enforcement and validity of this Agreement. Venue will be in a court of appropriate jurisdiction in Nueces County, Texas. Section 4.4. Entire Agreement. a. This Agreement contains the entire agreement of the Parties and there are no other agreements or promises, oral or written between the Parties regarding the subject matter of this Agreement. b. This Agreement can be amended only by written agreement signed by the Parties. c. This Agreement supersedes all other agreements between the Parties concerning the subject matter of this Agreement. Section 4.5. Exhibits, Headings, Construction and Counterparts. a. All schedules and exhibits referred to in or attached to this Agreement are incorporated into and made a part of this Agreement for all purposes. b. The section headings contained in this Agreement are for convenience only and do not enlarge or limit the scope or meaning of the sections. c. The Parties acknowledge that each of them have been actively and equally involved in the negotiation of this Agreement. d. The rule of construction that any ambiguities are to be resolved against the drafting party will not be employed in interpreting this Agreement or any exhibits to this Agreement. e. This Agreement may be executed in any number of counterparts, each of which will be deemed to be an original, and all of which will together constitute the same instrument. f. This Agreement becomes effective only when one or more counterparts bear the signatures of all the Parties. Page 9 of 12 H:1 LEG- D1R1Shared \JaylAgenda1200815- 131MaPIe Hills 5 Development Agreement — rjr 04252008.doc Section 4.6. Authority for Execution. a. The City certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with City ordinances. b. The Developers hereby certifies, represents, and warrants that the execution of this Agreement is duly authorized and adopted in conformity with the articles of incorporation and bylaws or partnership agreement. Section 4.7. Relationship of Parties. a. In performing this Agreement, both the City and Developers will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. b. The employees or agents of either party may not be, nor be construed to be, the employees or agents of the other party for any purpose. Section 4.8. Survival of terms. All representations, warranties, covenants and agreements of the Parties, as well as any rights and benefits of the Parties pertaining to the transaction contemplated hereby, will survive the original execution date of this agreement. ARTICLE V EXHIBITS The following exhibits are attached to this Agreement, and made a part of this Agreement for all purposes: Exhibit A Depiction of Maple Hills Subdivision, Unit 5 Exhibit B Insurance Requirements Exhibit C Disclosure of Ownership Interests form The undersigned Parties have executed this Agreement on the dates indicated below. ATTEST CITY OF CORPUS CHRISTI a Texas municipal corporation Armando Chapa City Secretary By: Date: George K. Noe City Manager Page 10 of 12 H: ILEG- DIRIShared WayWgenda1200815- 131Maple Hills 5 Development Agreement — rjr 04252008.doc APPROVED as to legal form. R. Jay Reining First Assistant City Attorney For City Attorney STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2008 by George K. Noe, City Manager, City of Corpus Christi, Texas for and on behalf of said municipal corporation. Notary Public, State of Texas JOHN MIKULENCAK John Mikulencak Date: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the day of 2008 by John Mikulencak. Notary Public, State of Texas Page11 of 12 H:1 LEG- DIR1Shared 'JayAAgenda12 0 0815- 1 Maple Hills 5 Development Agreement — rjr 04252008.doc LINDA MIKULENCAK Linda Mikulencak Date: STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on the 2008 Linda Mikulencak. After recording Return to: John & Linda Mikulencak 3826 Apollo Corpus Christi, Texas 78413 day of Notary Public, State of Texas Page 12 of 12 H:I LEG-DIRIShared \JaylAgenda1200 815- 131Maple Hills 5 Development Agreement — rjr 04252008.dac Maple Hills Subdivision, Unit 5 BASE BID STREET WORK IMPROVEMENTS TOTAL NO. QTY ITEM UNIT UNIT PRICE TOTAL PRICE A -1 14,120 Street Excavation, complete in place per square yard. SY 1.45 20,474.00 A -2 1 Site Grading/Lots, complete in place per lump sum. LS 31,000.00 31,000.00 A -3 4.676 6" Caliche Base, complete in place oer square yard. SY 9.50 44,422.00 A-4 4.652 3" Caliche Base, complete in place per square yard SY 1 1.50 53,498 00 A -5 6,023 3" Lime Stabilized Subgrade, complete in place per square yard 1 SY 4.00 24,092.00 ;l -6 5,537 10" Lime Stabilized Subgrade, complete in place per square yard SY 5.00 73,935.U0 A -7 9,327 Prime Coat, complete in place per square yard. SY 1.00 9,327.00 A -3 4,676 1 -112" HMACP, complete in place per square yard. SY 8.75 40,915.00 A -9 4,652 2" MACP, complete in elate square yard. H SY 10.50 48,846.00 A -10 5,245 6" Curb & Gutter, complete in place per linear foot. LF 10.00 52,450.00 A -11 19,839 Concrete Sidewalk, complete in placeper square foot. SF 3.75 74,533.75 A -12 12 Handicap Ramps w/ Truncated Domes, complete in place per each. EA 600.00 7,200.00 A -13 , 5 Street Signs, complete in place per each. EA 550.00 2,750.00 STREET WORK IMPROVEMENTS TOTAL $ 437,492.75 WATER DISTRIBUTION B- 1 1,332 6" Waterline, complete in place per linear foot. LE 24.00 33,168.00 B -2 8 6" 45° Bends, complete in place per each. EA 250.00 2,000.00 B -3 2 6" Plug, complete in place per each. EA 150.00 300.00 B-4 703 3" Waterline, complete in place per linear foot. LF 28.00 19,634.00 B -5 4 3" 45° Bends, complete in place per each. EA 365.00 1,460.00 B -6 1 8" Plug, complete in place per each. EA 200.00 200.00 B -7 1 Waterline Connection, complete in place per each. EA 2,500.00 2,500.00 B -8 7 Fire Hydrant Assembly w/ Mainline Tee, complete in place per each. EA 2,350.00 19,950.00 B -9 62 Service, complete in place per each. _ EA 600.00 37,200.00 _Water WATER DISTRIBUTION IMPROVEMENTS TOTAL S 116,462.00 WASTEWATER C -1 1,737 3" Wastewater Line, complete in place per linear foot. LF 29.00 50,373.00 C -2 3 8" Plug, complete in place per each. EA 150.00 450.00 G3 713 10" Wastewater line, complete; in place per linear toot. LF 36.00 25.348.00 C-4 5 4' ef Wastewater Manhole (0' -6' Depth), complete in place per linear foot. LF 2,500.00 12,500.00 C-5 3 Extra Depth for 4'o Manhole (Over 6' Depth), complete in place per linear foot. VF 275.00 825.00 C-6 62 Wastewater Service, complete in place per linear foot. EA 550.00 34,100.00 C-7 2,620 Trench Safety (Wastewater), complete in place per linear foot. LE 2.00 5,240.00 WASTEWATER IMPROVEMENTS TOTAL S 129,336.00 STORM WATER D -1 376 18" RCP, complete in place per linear foot. LF 29.00 10,904.00 D -2 51 24" RCP, complete in place per linear foot. LF 338.00 1,938.00 Bid Proposal Page 1 of 3 EXIlierr '6" I of Z OPINION OF PROBABLE CONSTRUCTION COST Project: Maple Hills Subdivision, Unit 5 Item Description 1 Install Lift Station & Accessories (PEECO) 2 Lift Station Rental (6 Months @ $1,000 /month) 3 3" Sanitary Sewer Force Main 4 Fencing for Temporary Lift Station 5 Electrical Service for Temporary Lift Station 6 Temporary Waterline Date: 05 -5 -08 Prepared By: Juan A. Pimentel, P.E. Quantity Unit Unit Price Total Price 1 LS $1,000.00 $1,000.00 1 LS $6,000.00 $6,000.00 1,500 LF $8.00 $12,000.00 1 LS $1,500.00 $1,500.00 1 LS $5,000.00 $5,000.00 1 LS $4,000.00 $4,000.00 Total - Opinion of Probable Construction Cost THIS DOCUMENT IS RELEASED FOR INFORMATIONAL PURPOSES UNDER THE AUTHORITY OF JUAN A. PIMENTEL, P.E. #95847 ON 04 -15 -08 IT IS NOT TO BE USED FOR CONSTRUCTION, BIDDING OR PERMIT PURPOSES. 5/5/2008 Page 1 of 1 $29,500.00 EA9/i$/ 2oF2 LOCATION MAP Commrcsion Esoiration Dote d 0 a 0 rc a w Z CURVE TABLE_ CURVE J LENGTH 1 RADSUS I DELTA iiiiiiiiiiiii II iiiiiiiiiiiiiiiiii illiiiiiiiiiiiiii riiiiiiiiiiiiiiii .1l'ZI9 3.z9 1.1 I'Z19 3.0000,) i b5 3550 03i 0.a3d111M 355Q 030b03321) 13N 51 1f acazlo >ooz 0V 1N3rif1300 3217v pry'L �0 h30NIYry3b 3 1�aN1 g� 000 1 AN ORDINANCE WAIVING THE REQUIREMENTS IN SECTIONS V.A.3.a)(1) AND V.A.3.b)(2), CORPUS CHRISTI PLATTING ORDINANCE, RELATING TO THE INSTALLATION OF PERMANENT WATER AND WASTEWATER SERVICE TO MAPLE HILLS SUBDIVISION, UNIT 5, AND THE RECORDING OF THE FINAL PLAT; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A DEVELOPMENT AGREEMENT WITH JOHN AND LINDA MIKULENCAK, WHICH AUTHORIZES THE FILING OF A FINAL PLAT FOR MAPLE HILLS SUBDIVISION, UNIT 5, BEFORE PERMANENT WATER AND WASTEWATER SERVICE IS PROVIDED TO THE DEVELOPMENT; PROVIDING FOR SEVERANCE; AND DECLARING AN EMERGENCY. WHEREAS, John and Linda Mikulencak, the developers of the Maple Hills Subdivision Unit 5 have requested a variance from the City's 75% Completion of Construction requirement for recordation of the final plat, which requires the installation of permanent water and wastewater service to the subdivision before the plat is recorded; WHEREAS, the construction of the permanent water and wastewater service to this subdivision is contingent upon completion of utility improvements included within the City's capital improvement project for reconstruction of Up River Road between McKenzie Road and Rand Morgan Road; WHEREAS, the construction of the subdivision was originally scheduled to coincide with the Up River Road improvements, completion of the subdivision has progressed, but completion the City's project has been delayed; WHEREAS, the City's project is anticipated to be complete in late September or early October at the earliest; WHEREAS, the subdivision meets all requirements for 75% completion, except for the final off -site water and wastewater connections associated with the City project; WHEREAS, the developers are requesting that plat recordation be allowed before these improvements are completed so that vertical construction of residential structures may begin; WHEREAS, the City and developers desire to work together in good faith to provide public and private improvements serving the general area of the Project for the benefit of the citizens of the City and surrounding areas; WHEREAS, strict compliance on the provisions of the Platting Ordinance relating to the filing of the final plat in this unique situation would create an unreasonable and exceptional hardship on the developers; Mikule ncakDevAgreeOrd 2 WHEREAS, the Planning Commission reviewed the proposed development plan at its April 29, 2008, meeting for consistency with the City's comprehensive plan, and recommended it's execution; WHEREAS, with proper notice to the public, a public hearing was held on Tuesday, May 13, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, good cause exists to allow the filing of the final plat for Maple Hills Subdivision, Unit 5, before permanent water and wastewater service is provided to the development; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Council waives the requirements in Section V.A.3.a)(1) and V.A.3.b)(2) of the Corpus Christi Platting Ordinance relating to the installation of permanent water and wastewater infrastructure and the recordation of the final plat of Maple Hill Subdivision, Unit 5. SECTION 2. The City Manager, or designee, is authorized to executed a development agreement with John and Linda Mikulencak, developers of Maple Hills Subdivision, Unit 5. 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. 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 13th day of May, 2008. M ikulencakDevAgreeord 3 ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED: This 2nd day of May, 2008: R. Jay R ning First As istant City Attorney For City Attorney MikulencakDevAgreeOrd 4 Corpus Christi, Texas 13`h day of May, 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: Ilwe, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Henry Garrett Mayor Council Members The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon MikulencakDevAg reeOrd 21 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 04/29/08 AGENDA ITEM: First Reading - Ordinance declaring and establishing the City's storm water system as a public utility; declaring the City's storm water utility as part of the City's combined utility system; defining terms relating to the storm water utility system; citing authority to establish a storm water utility; incorporating existing facilities into the storm water utility system; providing for segregation of storm water utility income from other city accounts; providing that issuance of storm water revenue bonds or combined (water, wastewater, gas, and storm water) utility revenue bonds may be repaid with revenue from the storm water utility charge. ISSUE: Two Readings must be held in order to create the Ordinance establishing a storm water utility. This is the first of the two Readings. REQUIRED COUNCIL ACTION: City Council must vote to approve the ordinance creating a storm water utility. PREVIOUS COUNCIL ACTION: At the October 30, 2007 Workshop with City Council regarding the new Water Utility rate model, staff was directed to come forward with rates for the establishment of a Storm Water Utility. On December 18, 2007 Council directed staff to move forward with an ERU -based ( "Equivalent Residential Unit ") rate model and passed a Resolution declaring intent to establish a storm water utility system for implementation in Fiscal Year 2008-2009; and approving the design concepts for new water and storm water rates. On January 29, 2008, staff presented to Council various policy recommendations for consideration and received direction regarding same as indicated in the attached resolution. On February 12, 2008, Council approved a Resolution setting the date of the Public Hearing for the utility creation ordinance of April 8, 2008. A Public Hearing regarding the proposed ordinance was held on April 8, 2008 in accordance with Council recommendation. CONCLUSIO AND RECOMMENDATION: Sta ` rec pproval of the ordinance creating a storm water utility. V Di le ie H. Gr tor of Sto ater Ope tions Attachments: Background Information Proposed Ordinance Creating Storm Water Utility Presentation BACKGROUND INFORMATION On December 18, 2007, the City Council approved a Resolution declaring its intent to establish a storm water utility system for implementation in Fiscal Year 2008-2009. Council directed staff to move forward using the ERU (Equivalent Residential Unit) based rate model. At that time staff contracted the services of HDR Engineering, Inc. to assist in the development of the utility. During the course of that work, it became apparent that staff needed guidance from the Council regarding certain policy issues in order to move forward with data base verification, rate design, and billing system programming. On January 29, 2008, staff gave City Council a presentation on the various policy decisions requiring Council direction. The presentation included staffs recommendations regarding the issues, each of which was accepted by Council. Staff understood Council's direction to explore the possibility of moving from an impervious proxy basis to a measured impervious surface basis after implementing the utility using the ERU /impervious proxy model. On February 12, 2008, Council passed a Resolution that set the date of the Public Hearing for the ordinance which would create the storm water utility to April 8, 2008, which will be during the regularly scheduled City Council meeting. Public comment was heard during the Public Hearing on April 8, 2008. No major issues were identified and Council requested staff bring forth a timeline for movement to true impervious surface. ORDINANCE DECLARING AND ESTABLISHING THE CITY'S STORM WATER SYSTEM AS A PUBLIC UTILITY; DECLARING THE CITY'S STORM WATER UTILITY AS PART OF THE CITY'S COMBINED UTILITY SYSTEM; DEFINING TERMS RELATING TO THE STORM WATER UTILITY SYSTEM; CITING AUTHORITY TO ESTABLISH A STORM WATER UTILITY; INCORPORATING EXISTING FACILITIES INTO THE STORM WATER UTILITY SYSTEM; PROVIDING FOR SEGREGATION OF STORM WATER UTILITY INCOME FROM OTHER CITY ACCOUNTS; PROVIDING THAT ISSUANCE OF STORM WATER REVENUE BONDS OR COMBINED (WATER, WASTEWATER, GAS, AND STORM WATER) UTILITY REVENUE BONDS MAY BE REPAID WITH REVENUE FROM THE STORM WATER UTILITY CHARGE. WHEREAS, the City of Corpus Christi will provide drainage (also referred to interchangeably as "storm water") services for all real property in its corporate boundaries, except for exempted real property; and WHEREAS, the City of Corpus Christi will offer storm water services on nondiscriminatory, reasonable, and equitable terms; and WHEREAS, the City of Corpus Christi will establish a schedule of storm water charges against all real property within its corporate boundaries subject to charges; and WHEREAS, the City of Corpus Christi will establish and enforce rules appropriate to operate the storm water utility system; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City of Corpus Christi (City) declares the storm water drainage of this municipality to be a public utility. SECTION 2. The City's storm water utility is part of the City's combined (water, wastewater, gas, and storm water) utility. SECTION 3. AUTHORITY. The City is authorized to establish this municipal storm water utility under Article XI, Section 5, of the Constitution of the State of Texas; the City's Charter; and the laws of the State of Texas. SECTION 4. .DEFINITIONS. In this ordinance: (1) "Benefitted property" means an improved lot or tract to which storm water drainage service is made available. (2) "City" means the City of Corpus Christi, Texas. (3) "Cost of service" as applied to a storm water drainage system service to any benefitted property means: (a) the prorated cost of the acquisition, whether by eminent domain or otherwise, of land, rights -of -way, options to purchase land, easements, and interests in land relating to structures, equipment, and facilities used in draining the benefitted property; (b) the prorated cost of the acquisition, construction, repair, and maintenance of structures, equipment, and facilities used in draining the benefitted property; (c) the prorated cost of architectural, engineering, legal, and related services, plans and specifications, studies, surveys, estimates of cost and of revenue, and all other expenses necessary or incident to planning, providing, or determining the feasibility and practicability of structures, equipment, and facilities used in draining the benefitted property; (d) the prorated cost of all machinery, equipment, furniture, and facilities necessary or incident to the provision and operation of draining the benefitted property; (e) the prorated cost of funding and financing charges and interest arising from construction projects and the start-up cost of a storm water drainage facility used in draining the benefitted property; (f) the prorated cost of debt service and reserve requirements of structures, equipment, and facilities provided by revenue bonds or other storm water revenue - pledge securities or obligations; and (g) the administrative costs of a storm water utility system. (4) "Drainage" (or "storm water drainage ") means bridges, catch basins, channels, conduits, creeks, culverts, detention ponds, ditches, draws, flumes, pipes, pumps, sloughs, treatment works, and appurtenances to those items, whether natural or artificial, or using force or gravity, that are used to draw off surface water from land, carry the water away, collect, store, or treat the water, or divert the water into natural or artificial watercourses. (5) "Storm water charge" or "drainage charge" means: (a) the levy imposed to recover the cost of the service in furnishing drainage for any benefitted property; and (b) specifically includes, as hereby provided by the City Council of the City of Corpus Christi, an amount made in contribution to funding of future drainage system construction by the City. (6) "Storm water system" or "storm water drainage system" means the drainage owned or controlled in whole or in part by the City and dedicated to the service of benefitted property, including provisions for additions to the system. (7) "Facilities" means the property, either real, personal, or mixed, that is used in providing storm water drainage and included in the system. (8) "Public utility" means a storm water drainage service that is regularly provided by the City through the property dedicated to that service to the users of benefitted property within the service area and that is based on: (a) an established schedule of charges; (b) the use of the police power to implement the service; and (c) nondiscriminatory, reasonable, and equitable terms, as declared by the City under this section. (9) "Service area" means the land within its municipal boundaries which, as a result of topography or hydraulics, contribute overland flow into the watersheds served by the storm water drainage system. SECTION 5. INCORPORATION OF EXISTING FACILITIES. The City incorporates the existing municipal storm water drainage facilities and related supplies and materials into the storm water utility system. SECTION 6. STORM WATER UTILITY POLICIES AND SCHEDULE OF CHARGES. Subsequent to passage of this ordinance and providing for public notice and public hearing, the City will establish, by separate ordinance, a schedule of storm water utility charges. SECTION 7. SEGREGATION OF INCOME. The income of the City's storm water utility system will be segregated and completely identifiable in city accounts. If storm water charges are solely for the cost of service, the City may transfer the charges, in part, to its General Fund, except for any part pledged to retire any outstanding indebtedness or obligation incurred, or as a reserve for future construction, repair, or maintenance of the storm water drainage system. SECTION 8. STORM WATER REVENUE BONDS. By majority vote of the City Council, the City may issue storm water revenue bonds or combined (water, wastewater, gas, solid waste, and storm water) utility revenue bonds to be repaid, in full or in part, with the use of revenue from storm water utility charges. SECTION 9. SEVERABILITY. If any section, paragraph, clause or provision of this Ordinance shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this Ordinance. SECTION 9. This Ordinance shall be effective immediately from and after its passage. ATTEST: Armando Chapa City Secretary Ap i!` [� s to(�,m 1 /2008 Veronica Ocanas Assistant City Attorney for City Attorney THE CITY OF CORPUS CHRISTI Henry Garrett Mayor That the foregoing or inance was read for the first time and passed to its second , 2008, by the following vote: reading on this the all of Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez A ke-v+ Nelda Martinez Michael McCutchon _/44__ That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly APPROVED AND PASSED on this day of , 2008. ATTEST: Armando Chapa, City Secretary Henry Garrett, Mayor Storm Water Utility Status of the Storm Water Charge City of Corpus Christi City Council Presentation May 13, 2008 Background Need for Revised Storm Water Funding II II 2 There is a pressing need to remove storm water expenses from OCL water rates and to implement a different funding method for the City's storm water program. The generally accepted method of billing for storm water is to use the amount of impervious cover on a property as an indication of its storm water demand on the municipal drainage system. Given the need to resolve the storm water funding issue and the current lack of impervious cover data for the City, an impervious cover proxymethod was considered as a means of approximating impervious cover using an approach that could be implemented soon. The impervious proxy method depends upon lot size, land use, and runoff coefficients. An early review of data availability indicated that this information was present in the HTE and NCAD database systems. Background Data Sources Sources • Nueces County Appraisal District (NCAD) • Geographic Information System (GIS) • Hayward Technical Enterprises (HTE) Information: • Lot Acreage (NCAD & GIS) • Improvement Value (NCAD) • Property Ownership (NCAD) • Utility Accounts (HTE) Background Data Integration Schematic 4 NCAD Tax Id Land Use Code Value of Land Value of Improvements Owner name Acreage Transfer Program City of Corpus Christi HTE Land File Tax ID Land Use Code Value of Land Value of Improvements Owner name Acreage GIS Tax ID Acreage City of Corpus Christi HTE Billing System Tax ID Customer ID Meter Number Occupant Name Combined File Storm Water Utility Data Base Tax ID (NCAD) Land Use Code (NCAD) Value of Land (NCAD) Value of Improvements (NCAD) Owner Name (NCAD) Customer ID (HTE Billing) Meter Number (HTE Billing) Occupant Name (HTE Billing) Acreage (GIS, NCAD where not in GIS, researched where not in either) (136,000+ lines of data) Pictometry (360 aerial) Visually ver fy multiplex status. Visually ver Ty developed or not for Land Use Code = Vacant Platted Lot. Background Early ERU Estimate II While substantial work to review the underlying data lay ahead, Staff prepared a preliminary estimate of $6.50 per ERU in December 2007 to satisfy pressing questions about forming a storm water utility. Council was briefed in December 2007 that this was a rough estimate, as Staff resources to fully review and develop the needed billing database and to perform a detailed storm water rate study were not adequate. HDR was retained in mid - January to assist Staff in the implementation efforts for a possible storm water utility. Background Data Quality II II 6 With Council direction in February to go forward with the formation of a storm water utility using the impervious cover proxy method in the interim, HDR and Staff began a detailed processing of the data. Early review of the data in February indicated issues in the data transfers between the NCAD and the City that required some reprogramming of the transfer software. A usable upload of the data was obtained in mid - March. With over 136,000 records in the database, a number of issues were then identified in the next few weeks that require resolution. Records in HTE that are not in NCAD and vice -versa Missing land use codes, acreage, and valuation (NCAD) Outdated or questionable entries Duplicate records Background Current Data Situation II In particular, considerable effort is required to address the issue of duplicate records, i.e. a situation where there are multiple HTE utility accounts per parcel, but the same acreage and valuation are repeated in each duplicate record. The presence of these duplicate records, and thus duplicated information, greatly overstates the actual number of ERUs and storm water accounts that can be billed. The duplicate records issue was mostly resolved in the last two weeks which has allowed HDR and Staff to better assess the number of ERUs that can actually be billed. Background Current Data Situation II II 8 Unfortunately, combining the current ERU count with the $6.50 per ERU estimate from December produces about 60% of the anticipated FY09 storm water budget of $20.8 million. The FY09 budget has increased over the prior year primarily due to reserve appropriations, increases in existing contracts, additional contracts to supplement operations, and funding for the impervious cover study. Further, during the ongoing review of the 136,000 records, HDR and Staff concerns have continued to grow about the accuracy of other data elements. While some data issues have been resolved, there is sufficient remaining concern about data quality to warrant consideration of other interim approaches. Alternate Storm Water Funding Options for Council Consideration An under lying presumption is that storm water expenses will be removed from the OCL water rates beginning in FY09. Alternate Storm Water Funding Options Option 1 • Continue with impervious cover proxy approach • Fund all storm water expenses through a charge of N $11 to $12 per ERU +/- Option 2 • Continue with impervious cover proxy approach • Fund all ICL and some OCL storm water expenses through a charge of $6.50 /ERU and the remainder of OCL storm water transfer through ICL water rate. • Option 3 • Begin developing actual impervious cover data for implementation in FY10 • Fund FY09 storm water expenses through ICL water rates • Option 4 • Other methodologies that may be presented during budget presentation 9 If the City proceeds with the Impervious Cover Proxy approach, • Expect appeals on land use and acreage issues • Consider revised policies of: Capping non - residential property at 40 acres. Recognizing "Large Lot — Low Density" land use designation: • Non - residential • Both lot size >= 15 acres & impervious cover <= 35% • Runoff coefficient = 30% (instead of 82.5 %) • Example: golf courses Assigning certain types of attached housing the lowest tier residential value of 0.76 ERU • Examples: duplex, triplex, fourplex, condos, etc. (attached housing other than apartment buildings) • Also mobile homes If the City proceeds with the Impervious Cover Proxy approach, • Regarding adoption of an ordinance establishing storm water utility charges: Local Gov't Code § 402.045 (d) ....the municipality may levy a schedule of drainage charges. The municipality must hold a public hearing on the charges before levying the charges. The municipality must give notice of the hearing in the manner provided by Subsection (C). The proposed schedule of drainage charges, as originally adopted or as revised, must be published in the notice. Publication Dates: June 2, 2008 June 16, 2008 June 30, 2008 If the City proceeds with the Impervious Cover Proxy approach, II II II II May 13, 2008 — Council considers 2nd reading of Ordinance Creating Storm Water Utility May 27, 2008 — FY09 Budget presented to Council for first time; Council authorizes publishing notice of the Public Hearing June 2, 2008 — First Notice of Public Hearing published July 8, 2008 — Public Hearing on Ordinance establishing storm water rates July 15, 2008 — Council considers 1St reading of Ordinance establishing storm water rates July 22, 2008 — Council considers 2nd reading of Ordinance establishing storm water rates August 1, 2008 - Implementation If the City develops impervious cover data & defers the SW Charge until FY10, • Many policy issues concerning exemptions, credits, appeals process, etc. will still apply to an impervious cover basis of billing when it is ready. • Then, we will know much more closely what is actually on the lot, rather than an approximation. • It is likely that a high ERU charge could still result if all funding is to come from the storm water charge. • Developing the impervious cover data is expected to cost from $150 -$200K and take approximately 9 months. • Funding the storm water program entirely through the ICL rate in FY09 is expected to add approx. $1.70 per 1,000 gallons to the average ICL cost of treated water. The City needs to proceed to establish the Storm Water Utility • To address budget planning issues • To better account for expenses • To address OCL water customer concerns Discussion and Further Council Direction 22 AGENDA MEMORANDUM DATE: May 13, 2008 SUBJECT: Wooldridge Road Reconstruction Phase 1 from Staples Street to Airline Road BOND ISSUE 2004 (Project No. 6267) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with H &G Contractors, Inc. from Corpus Christi, Texas in the amount of $6,688,561.58 for the Base Bid on the Wooldridge Road Reconstruction Phase 1 from Staples Street to Airline Road BOND ISSUE 2004. ISSUE: The proposed project for Phase 1 is the final section of the Wooldridge Project under the Bond Issue 2004 package, Phase 2 was started first in coordination with the Texas Department of Transportation (TXDOT) bridge replacement project. Both the bridge and Phase 2 will be complete this summer and the initial Phase 1 work is not anticipated to impact the ongoing projects. All work will be coordinated to minimize any impacts to the public. The proposed project for Phase 1 includes the reconstruction of a two -lane rural type roadway to a four -lane collector from Staples Street to Airline Road. The project includes underground utilities and drainage, new curb and gutter, sidewalks, lighting, ADA, striping, and traffic signal adjustments. The proposed project is part of the Bond Issue 2004 package that was approved by the voters on November 2, 2004 and is ready to begin the construction phase. The project was bid on April 9, 2008; and is ready to be awarded, which requires City Council approval. FUNDING: Funding is available from the FY 2008 Capital Budget and Capital Improvement Planning Guide (CIP), and from the City's Operating Budget. RECOMMENDATION: Staff recommends approval of the Motion as presented. evin Stowers, Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "A -1" Prior Project Actions Exhibit "B" Project Budget Exhibit "C" Tabulation of Bids Exhibit "D" Location Map H: 1USERS25HOME IVELMAPSGENOSTREET16267 WOOLDRIDGE PHASE 11AGEMDA MEMO BACKGROUND INFORMATION SUBJECT: Wooldridge Road Reconstruction Phase 1 from Staples Street to Airline Road BOND ISSUE 2004 (Project No. 6267) PROJECT DESCRIPTION: The proposed project consists of 49,874 square yards of roadway excavation, 67,992 square yards of flexible base, 35,398 square yards of HMAC, 71,562 square yards of geo -grid, 11,850 linear feet of curb and gutter, 51,392 square feet of concrete sidewalk, 834 linear feet of 4' X 4' concrete box culvert, 1,167 linear feet of 5' X 4' concrete box culvert, 1,958 linear feet of 6' X 4' concrete box culvert, 615 linear feet of 7' X 4' concrete box culvert, 205 linear feet of 8' X 4' concrete box culvert, 2,370 linear feet of 18" — 48" RCP, curb inlets, 5,248 linear feet of 8" — 15" CIPP rehab wastewater line, rehab existing manholes, proposed 5' diameter manholes, 7,058 linear feet of 8" — 20" PVC water line and fittings, fire hydrant assemblies, new traffic signals and accessories (including foundation, poles, and signs), and ADA improvements; in accordance with the plans, specifications and contracts documents. BID INFORMATION: Good competition was received for the project with bids submitted on April 9, 2008 from seven (7) contractors. The bids range as follows: The low bid was submitted by H & G Contractors, Inc. of Corpus Christi, Texas. See Exhibit "C" Tabulation of Bids. The City's consultant, LNV Engineering, Inc., and City staff recommends that the construction contract be awarded to H & G Contractors, Inc. in the amount of $6,688,561.58 for the Base Bid on the Wooldridge Road Reconstruction Phase 1 from Staples Street to Airline Road Project. Additive Alternate No. 1 will not be awarded at this time; however, if funds become available next fiscal year, a change order will be awarded; and will be brought to Council for award. TIME OF COMPLETION: The contract provides for the work to be complete within 600 calendar days of notice to proceed. PROJECT BACKGROUND: On November 2, 2004, the Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition No. 1 Street Improvements. Phase 1 of this project involves the reconstruction and widening of Wooldridge Road from South Staples Street to Airline Road. This project follows Wooldridge Road Phase 2 from Airline to Rodd Field Road is currently under construction which is 72% complete, and the joint City/TxDOT Wooldridge Bridge Project which is over 90% complete. EXHIBIT "A" Page 1 of 1 H: IUSERS2IHOMEIVELMAPIGENISTREE116267 WOOLDRIDGE PHASE 1VIGENDA BACKGROUND Low Bid High Bid Construction Estimate Base Bid $6,688,561.58 $9,228,171.13 $9,015,040.00 Additive Alternate (Fiber Optic Imps.) No. 1 $82,842.00 $111,202.00 $111,530.00 The low bid was submitted by H & G Contractors, Inc. of Corpus Christi, Texas. See Exhibit "C" Tabulation of Bids. The City's consultant, LNV Engineering, Inc., and City staff recommends that the construction contract be awarded to H & G Contractors, Inc. in the amount of $6,688,561.58 for the Base Bid on the Wooldridge Road Reconstruction Phase 1 from Staples Street to Airline Road Project. Additive Alternate No. 1 will not be awarded at this time; however, if funds become available next fiscal year, a change order will be awarded; and will be brought to Council for award. TIME OF COMPLETION: The contract provides for the work to be complete within 600 calendar days of notice to proceed. PROJECT BACKGROUND: On November 2, 2004, the Wooldridge Road Street Improvement project was approved by Bond Issue 2004, Proposition No. 1 Street Improvements. Phase 1 of this project involves the reconstruction and widening of Wooldridge Road from South Staples Street to Airline Road. This project follows Wooldridge Road Phase 2 from Airline to Rodd Field Road is currently under construction which is 72% complete, and the joint City/TxDOT Wooldridge Bridge Project which is over 90% complete. EXHIBIT "A" Page 1 of 1 H: IUSERS2IHOMEIVELMAPIGENISTREE116267 WOOLDRIDGE PHASE 1VIGENDA BACKGROUND PRIOR PROJECT ACTIONS SUBJECT: Wooldridge Road Reconstruction Phase 1 from Staples Street to Airline Road BOND ISSUE 2004 (Project No. 6267) PRIOR COUNCIL ACTION: 1. November 9, 2004 - Ordinance canvassing returns and declaring the results of the Special Election held on November 2, 2004, in the City of Corpus Christi for the adoption of five bond propositions; adoption of a permanent ad valorem tax freeze on resident homesteads of persons 65 years of age or older or disabled persons and eligible spouses; and adoption of seven amendments to the Charter of the City of Corpus Christi (Ordinance No. 026022). 2. August 23, 2005 - Motion authorizing the City Manager, or his designee, to execute a Contract For Professional Services with LNV Engineering in the amount of $1,766,131 for the Wooldridge Road Improvements Project as follows: (BOND ISSUE 2004) (Motion No. M2005 -265) Phase 1 - from Staples Street to Airline Road Phase 2 - from Airline Road to Rodd Field 3. February 21, 2006 - Ordinance abandoning and vacating a parcel of unimproved street right -of -way containing 4,169.05 square feet out of Lot 1, Block 1, Airline Unit4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street improvement Project, Phase 2 — Airline to Rodd Field, Project 6266 (BOND ISSUE 2004) (Ordinance No. 026664). 4. February 21, 2006 - Ordinance declaring a parcel of land containing 4,169.05 square feet as surplus property out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, in connection with the Wooldridge Road Street Improvement Project, Phase 2 — Airline to Rodd Field, Project 6266 (BOND ISSUE 2004) (Ordinance No. 026665). 5. February 21, 2006 - Ordinance approving the conveyance of a parcel of surplus property containing 4,169.05 square feet out of Lot 1, Block 1, Airline Unit 4 Subdivision, located on the east corner of the Wooldridge Road and Airline Road intersection, to the adjacent property owner in exchange for their perpetual maintenance of the property and as consideration for partial payment towards a AEP electrical easement required for the street widening project, and authorizing the City Manager or his designee to execute a Special Warranty Deed for the property and declaring an emergency (Ordinance No. 026663). EXHIBIT "A -1" Page 1 of 2 H: IUSERS2 IHOME\VELMAPIGEN4STREET16267 WOOLDRIDGE PHASE 11PRIOR PROJECT ACTIONS 6. December 12, 2006 - Motion authorizing the City Manager or his designee to execute Amendment No. 1 to a Professional Services Contract with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $43,000 for the Wooldridge Road Bridge Replacement for construction observation services (Motion No. 2006 -403). 7. April 8, 2008 - Resolution determining a public necessity to acquire right -of -way easements for a street improvement project, known as the Wooldridge Road Street Improvements, Phase 1 Project, on two tracts of land known as Parcels 2 and 6; for the public purpose and use as street improvements and for other related purposes; and authorizing the City Manager and the City Attorney to acquire the subject parcels by means of negotiations or exercise of the City's power of eminent domain (BOND ISSUE 2004) (Resolution No. 027641). PRIOR ADMINISTRATIVE ACTION: None FUTURE COUNCIL ACTION: 1. Authorize the acquisition of parcels whose cost exceeds $50,000. 2. Authorize the payment of any Special Commissioners Award for the condemnation of any parcels whose cost is in excess of $50,000. EXHIBIT "A -1" Page 2 of 2 H:I USERS2IHOMEIVELMAPIGEN SSTREET56267 WOOLDRIDGE PHASE 1\PRIOR PROJECT ACTIONS PROJECT BUDGET WOOLDRIDGE ROAD RECONSTRUCTION PHASE 1 FROM STAPLES STREET TO AIRLINE ROAD BOND ISSUE 2004 Project No. 6267 May 13, 2008 FUNDS AVAILABLE: Street... $4,643,649.98 Storm Water... .. 2,084,904.07 Wastewater. 1,611,062.24 Water ........................................................... ............................... 1,137,220.40 Total......... $9,476,836.69 FUNDS REQUIRED: Construction (H & G Contractors, Inc.) Street $3,298,689.28 Storm Water 1,451,864.70 Wastewater. 1,168,369.60 Water......... 769,638.00 Total Construction $6,688,561.58 Contingencies (10%). 7,1 67 Consultant (LNV Engineering)....,. 1,809,131.00 Consultant (ALCM) 31,368.12 Consultant (Pyle and Associates, Inc.)............ 24,590.00 Land Acquisition Costs.......... 135,275.50 Testing......... 7,770.50 Reimbursements................................................................. ............................... 95,000.00 Misc. (Printing, Advertising, etc.)......... 8,000.00 Total......... $9,476,836.70 H:SUSERS2IHOMEVELMAPIGENSSTREET8267 WOOLDRIDGE PHASE 11PROJECT BUDGET EXHIBIT "B" Page 1 of 1 a O z 0 m 1- 1 w 1- N Q: 0 LL 0 1- 0 z W W z 5 W O H N Z W - V a 0. w W o 0 Eo r. d .�. 0 sZ t Y F W co J ma m0 W[Q] go m g i- SLC Construction Haas Anderson Salinas Construction 1165 Rode Drive 1401 Hotly Road 3737 FM 3006 Aransas Pass, TX 78336 Corpus Christi, TX 78417 Pleasanton, TX 78064 TOTAL I UNIT I TOTAL PRICE PRICE I PRICE .: ,5- ^. : 7-.iY9 ;',j• J:• ,L ft I,. O -to or �N)0 tn o co N N a N N69 coo �A� cV m O N. 69 Q 0 69 $ 11,474 46 - N 5 1.328.04 A O V c+) to $ 1,410.75 $ 1,230.75 $ 1,378.00 o O cli 69 h V of V N a�" 6 A 6 1$ 5,934.94 1 (0 CO O 0 0 0 W of 400 69 $ 2,217.95 O 0 49 OS 0) O '9 $ 410,142.721 Cho cV r)) co W N N $ 61.13 $ 3.88 $ 26.92 O CO • co $ 5,737.23 1$ 0.86 �p M N 69 c6 0 '9 '- t- 69 N IV 69 N 0 N N .- 69 m N N N (0 N (0 O 0 1$ 7.22 (0 tp N 69 co c0 C) E9 ti of 69 O c0 69 N 69 $ 274,307.00 $ 25,208.10 $ 80,290.00 $ 237,508.05 $ 50,694.00 $ 23.969.40 I $ 28,329.00 0 o O V w 49 o N CO to 69 0 of 0) .- co $ 23,521.00I 1C) A 601 69 Oh coo 69 $ 1,170.00 I ((0 M 69 $ 5,157.75 $ 10,783.50 p N 0) 7 69 () r N $ 1,323.00 0 N LP. 49 $ 1,801.70 f•0] 0) N $ 292.032.00 T AL PRICE PRICE Limiramougi $ 16.65 EMEMECEEi $ 4.65 $ _ 14.20 $ 87.80 5 497.00 $ 7,020.00 V 69 4 N N c7 N 69 0 N 0 69 0 O N 0 69 N i N 6 m 0 0 69 m 4b 0 al 69 0 N 69 0 [9 K 19 0O N of 69 t 8pN +:• CEO_ N .?°t•h9 $ 314,206.20 $ 25,435.20 $ 78,736.00 $ 160,892.55 $ 33,343.80 $ 16,243.50 $ 31,464.00 p� 60 1 $ 6,254.40 $ 1,339.20 $ 26256.00 pS 0i ( 9 (gip m 69 4 69 8 00 69 $ 5.713.20 ..- 49 � N $ 1 ,555.20 $ 1,470.00 $ 1,680.00 $ 2,011.20 O r k325,777.921 U T PRICE 4,873.4 I ppN.6' I)QO III ri C7 of 969 69 0 0 $ 59.50 I $ 552.00 00'008'L $ N 69 N 69 $ 2.40 69 r 69 cO O 69 1- 0 m C9 N N A 0 CO O N 0 (o o 69 $ 210.00 0 N 69 03 V 69 u) 69 6 61 WOOLDRIDGE ROAD RECONSTRUCTION H&G Contractors, Inc. PHASE 1-STAPLES STREET TO AIRLINE ROAD BOND 2004 PO Box 10706 PROJECT NO. 6267 Corpus Christi, TX 78460 UNIT TOTAL PRICE PRICE O CO h N $ 448,860.00 $ 32,853.60 $ 71,040.00 $ 204,308.00 3 21,420.00 $ 26,481.00 II $ 3,420.00 - 0 0 0p CO IO fA 0 c0 N 9 69 o (0 h 69 0 0 0) N 69 (0 fh 601 69 0 ti 100 69 0 o 0p 0) 69 0 Ci N CO 0 (0 O 69 0 a N N W a 69 0 O Imo 69 0 O N ER 0 Oh a 69 0 0 Y 69 0 pp 00i 69 [$ 288,787.20 $ 1,200.001 $ 9.00 $ 21.70 $ 48.00 $ 4.00 $ 6.00 $ 97.00 $ 60.00 $ 6,825.00 0 [V 69 0 Cv 69 o N 69 O - N O 69 O 69 O ••: 49 N ri 69 C9 cd 69 pp V O N ao 69 C00 ^ 69 o 69 pp N a 69 I$ 4.80 0. c0 19 DESCRIPTION f I,reparing Right of Way Excavation (Roadway) Concrete Header Curb Concrete Driveway Concrete Sidewalk Concrete Curb Ramp Concrete Bus Pad (8" with Curb) Aluminum Sign (Type A) Roadside Flashing Beacom Assemblies (School Zane)(LED)($olar Powered) ,Work Zone Pavement Marking Non - Removable l(White)(4 ")(Broken) 1Work Zone Pavement Marking Non - Removable (White)(8 "j(Solid) Work Zone Pavement Marking Non - Removable (Yellow)(4 ")Solid) Work Zone Pavement Marking Short Term (Tab) Type White Work Zone Pavement Marking Short Term (Tab) Type Yellow -2 Reflectorized Pavement Marking Type I (White) 4" (Broken)(90 Mil) Reflectorized Pavement Marking Type I (White) 8" (Solid)(90 Mil) Reflectorized Pavement Marking Type t (White) 12" (SotidX90 Mil) Reflectorized Pavement Marking Type I (White) 24" (Solid)(90 Mil) Reflectorized Pavement Marking Type I (Yellow) 4" (Solid) (90 Mil) `Reflectorized Pavement Marking Type 3 (Yellow) 24" (Solid) (90 Mil) 1 t m U >' s co 9, 0 9 0 • e a Prefabricated Pavement Marking Type C (White)(Word) Reflectorized Pavement Marker Type II -A -A Reflectorized Pavement Marker Type I -C Flexible Base (Complete in Place)(Type A Grade 1)($.5 ") Z } a d t 1- -: I -' n y - W LU Q W LL J LL J LL J Q W W W ll. J _I _I _I J <L J LL .a J -1 Q uJ W W Q ul Q W U3 f/1 g i!: a`�"�a tr uho _ n 0 .- N v aaa 6V umi a) 0 N 0 g N n co u�i .- co 0 0) r N CO n n O W rn 0 a O a Q N Q ri Q i a vl Q c6 Q A Q ,0 a co Q "aJ Q 4 Q Q Iji The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qty. Section B -2 -7 states, "The unit price shall govern over the amo EXHIBIT "C" Pa :e1 of 14 W C a (0 M 0) C9 44 6a 0 co N co v 0 m (0 0) m N CO 44 44 (0 N 0, r` 0 60 V (0 69 10 an W 6n (9 6a O 44 0 0 6 0i 69 0 O 0 0 no m 60 (9 44 rw z= 0. r- 69 44 44 CD O 69 N 69 O 69 N 44 O 69 44 CO 4- c0 16) m N 69 69 0 O 69 49 44 v o 8 ONi 11 66I N 44 44 m q N e9 40 0 0) N 69 co A 11 60 O ca to 44 69 0 N r 69 m M 0' „tee) n m g: 6:0 O 00)Nf0 (0 r 44 44 69 44 CO 000)66') m ((00 c40.1 n or 44 W w 49 CO 6.9 69 CIS N 0) O 0) r- 69 0 O n m 44 O N 60 69 0 60 CO o 60 0 CO 600 (O 91 0 N (7 a 0 N O N CO 44 49 60 P- O 0 N 69 8 0 60 44 8 N 44 0 q 60 60 49 69 0 661 N u9 m 89 0 0 O N 600 ni N 69 69 A m 69 44 8 csi N 69 8 m r 69 0 0 0 en a 69 N 44 .J to a _U O > I- • 0." g 0 a. iLi C N 1- 0 in a. U 63 r 2 a Z 0. 2 U D a Cd a) V c O m p II" 0. ma 261- o O M C al t 0 V U 0 a gz x q m W W I--- z 5 W $ W 0 err Q 00 1— co N W C z a z z0 �" c 0 . e cr) 0 o La W a Z Z m 0 Q 3 m W Q6 go o 6- `m a cm xw3 • 6p 2caa. c Ng sr4 c el u -I }Wi rLya 00 x La a a LL J Q 7 l61 co co 67 0 64 0 49 0 69 0 44 0 69 O 4► O (V 44 0) 8 N 49 44 h N rA V 0 O 6V 44 N 60 49 m 0 or co 99 44 06 49 '7 44 O o N 01 m 69 44 O 10 69 of N O N n 44 8 8 69 69 o 99 69 69 49 8 CO N m v V a) 69 O a N 1ri N 69 60 0 I, N 4,1 oi n) 0 o 0 49 '7 0 V O .NOam v 6h 6944 4, O O 69 O O V co 44 O CO N V 49 co O a 0 N O 99 di N 69 O V 44 O O 0 0. 0 69 69 8 60 N m 44 6A O .4 N 69 8 co 61 69 69 O 44 L7 O 44 O 4- m 0 c9 44 69 ') CJ 44 N 60 [V 49 CO 44 q N 4). (00 N O 117 69 N_ 00 m (0 69 69 CO N 69 CD Of v 69 O 8 m 44 44 O O 0 a O N- 03 69 69 oi 69 99 F u n 44 Lu (V 44 O 0 v N 44 o o m 69 6V (OO h. m6( 0 44 W CC! S N (00 N N 44 8 m (V 44 44 8 69 O 69 N 4) 8 0 n 69 44 69 M 60 69 8 2 O 60 41) Cr) fN 69 44 0 0 (+1 ri 69 v 0 99 0 0 0 N 04. 69 0 0 0 CO 61 69 0 0 4a 0 44 0 N 44 m 49 0 6') 0 N 69 69 0 CO 0 44 060 49 600 m N CO 44 69 0 a 69 8 6') 69 69 O 49 (0') 10 44 0 (4 (0 44 0 8 fA 8 69 69 Ca i6) 60 N a d a 0 U N 49 6u 3 LL d E L 4 2 U E r Emulsified As 8 y 0 a a 0. z 0 to cn L0 a v O 0 0 U 1 cc 0 U, 0 LL LL 6A J J 0 a co N nduit (PVC)(Sch U c 2 Utility Pavement R Z to U F Q Z (n 0 y 8 0 0 v r (n w rz X to rn 0 e T (120/140) 0 Ta 0) GO U G C O in 0 0) 0 LL CO .0 6n 0 m a m 0 To C 0 Drilled Shaft Found U 0 w me 04 0 en co co ro nal Cable (Type A)(4 Conductor) To co co 4.) co ea al Cable (Type A LL J LL to LL LL J J J W W W LL -J Assembly (Steel) 1 rd 60 668 3 N N N A oo 0 0 0 N N 6n co w a a a a a a 6n EXHIBIT "C" 1 Page 2 of 14 CO J 7 ea ul ▪ tu z W O ▪ d 1— N z ca W re - ca Q e G. W o 5 E❑ iu Salinas Construction 3737 FM 3006 Pleasanton. TX 78064 $ 34,676.48 mV CO N uN7 r 69 a O .- 69 pOp m 69 1$ 20,993.441 S 1s -galas 0 a 10 ti IS 49 I r N 169 49 1$ 2,795.45 $ 28,260.48 $ 7,800.46 a.31 52' i to -+ co a n - m n m st 69 .S m O 9 0) h 61 49 49 h. dNi N 09 O1 O .- 69 6% oo N IA vmr6°D F- N 69 69 N S W m Oi 07 49 69 M m o h 69 4 V OI N 49 (mil f0 N V 69 $ 22,997,43 I ti co 10 M m 49 $ 138,952.74 $ 245,210.04 NMI $ 8,669.12 $ 1.440.36 $ 121.78 $ 35,800.23 N 6p h In GO QN�pp .7. 8 C7 69 49 0 m h N pNp N - 8 69 49 V S 1n W N Idfl PI 69 69 N ppd` C tl0 :. CO 69 ;s;.i:; r -.7 �_ s." '~ 1. ° M7 m co. v9 $ 3,452.74 $ 4.143.11 $ 1,487.56 m M In N S N 69 69 f. V h co m r 69 69 M el? O� N 69 ID m d 49 1$ 103.78 1$ 150.31 1 h 1G m 69 N (D r co G m N 69 69 Haas Anderson 1401 Holly Road Corpus Christi, TX 78417 $ 37,152.00 $ 6,480.00 g a d V O ro d r W 49 49 o a d N r 69 69 o d N 7 69 69 $ 2,075.001 $ 32,400.00 C) V46 - D C4 ,.. Yi S - ✓x $ Pd o O - ' m 69 49 $ 40,392.00 $ 31,745.00 $ 8,316.00 $ 173,602.50 $ 1,440.00 $ 21,600.00 $ 30,960.00 cy o O 49 $ 10,922.00 S 49 S 69 o 0 t+ 4 m 69 00 P O Ncr b a ' W N 69 69 UNIT PRICE $ 9,288.00 S O 69 S S h S r P ci 69 69 r $ 1.2,420.00 $ 1,890.00 $ 1,430.00 0 N 69 $ 415.00 $ 4,050.00 S.; tlM';. -_. C .` �G " ds: 49 5%, °'xrrz? - pSp p 8p 8 8 S d Nr0 m 0 W tD In r 69 W 69 69 49 $ 14.65 $ 1.440.00 $ 16.00 $ 4.30 00'1.9 $1 0 m tH p ay RI' 49 4 er 69 S IIDD 69 S S "v N N 69 69 SLC Construction 1165 Rode Drive Aransas Pass, TX 78336 • TOTAL PRICE $ 41,280.00 L$ 7,200.00 600 P 0 I. Op O N N ID 49 49 $ 27,600.00 $ 16,800.00 $ 3,180.00 $ 3,720 00 0 ° S M (8�p. N 0 49 49 S ■ d` -} - Q r. �.' W Iii s. ID - .. CO :t 7 5k 49 619 `,? ,u- - $ 37,800.00 $ 22,680.00 $ 40,040.00 $ 30,380.00 $ 13,720.00 $ 184,623.00 $ 980.00 $ 1,890.00 $ 40,320.00 $ 112,274.401 0l V ONi- r 69 69 $ 51,954.03 $ 23,480.91 a O e 1 IIDD f9 $ 187,691.70 J $ 315,171.691 $ 10,320.00 S 69 laD S p� a h r 17 I�J 69 N S S O P p W S CO Nr 49 69 69 d CD M 49 O O INp d ? 10 V 49 H O y;l �Y- pp '` + ': *'y"r y a ca�- :: Y 69 iL. ' $ 4,200.00 $ 1,890.00 $ 3,640.00 $ 4,340.00 $ 1,960.00 [n G V S X17 O r fn -Omi 69 69 69 69 u, m 19 m (� O1 69 $ 124,59 c+f I[f r 69. S h 0 r 69 P O VI O NN 69 69 H&G Contractors, Inc. PO Box 10706 Corpus Christi, TX 78460 TOTAL PRICE $ 36,120.00 $ 63,000.001 a C. a o ao m — C(1 49 69 $ 24,150.00 $ 14,700.00 $ 2,782.60. $ 3,348.00 $ 2,021.50 $ 31,500.00 c; ui �: v m Is 69 $ 26,325.00 $ 9,900.00 $ 33,660.00 $ 23,100.00 $ 5,775.00 $ 124,425.00 $ 315.00 $ 8,100.00 $ 7,200.00 $ 73,024.00I o h a co 49 ° 69 $ 13,464.00 $ 38,376.00 $ 119,262.00 $ 212,394.00 1- W C1 M, a S O d Di 69 0 CO f~ 69 S — oOo 7 r �i 69 69 $ 12,075.00 $ 1,837.50 $ 1,391.30 cv 69 5 404.30 $ 3,937.50 $ 8 242 50 $ 2,925.00 $ 825.00 $ 3,060.00 $ 3,300.00 $ 825.00 $ 10.50 $ 315.00 $ 6.00 $ 1.00 (mn 49 a° In 49 n 69 S$ amo 69 69 $ 143.00 $ 182.00 IOLDRIDGE ROAD RECONSTRUCTION APLES STREET TO AIRLINE ROAD BOND 2004 PROJECT NO. 6267 DESCRIPTION Traffic Signal Pole Assembly (Steel) 1 Amt (44 Ft) Pedestal Pole Assemblies (Pedestrian Push Button Post) Pedestrian Detectors (Push Button) TS2 Controller Cabinet Assembly with Foundation VIVDS Processor System VIVDS Camera Assembly VIVDS Set -Up System VIVDS Composite Cable (Coaxial Communication & 5!C #18 Power)(ISOTEC) Signs (R10- 12)(5i(1nel Mounted) Internally Lighted Street Name Signs (LED) {8S) Remove Traffic Si nals 5 u . n et 5' Curb Inlet (Type C) (Modified) (Complete) �Le1TIilGlll�E1'f•';� �IC.s'•Fili •7C3D 5' Curb Inlet • - C-P , Modified 5' Curb Inlet Extension A. ' E-P Concrete Curb & Gutter Concrete Sidewalk (Drain) Utility Pavement Repair Trench Safety (Storm Water) 18" Reinforced Concrete Pipe (Class ill) 24" Reinforced Concrete Pipe (Class III) 36" Reinforced Concrete Pipe (Class 111) 42" Reinforced Concrete Pipe (Class III) 48" Reinforced Concrete Pipe (Class ill) 4 Ft x 4 Ft Concrete Box Culvert 5 Ft x 4 Ft Concrete Box Culvert (all < lll W W W W J 4.11.1.1 W c, i a W W 4 a a LLS a LL) LL J LL LJ L W J LL U... J J ..1 V CO m N , co. co W vi * a 6 m a a n T Q* O a N a a M r;. : v a= ?,? ' CV 69 v In 6b m m mmmmmmmm ti m O O '-' m N m ai m V CO VI m 10 N- mm 'The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected Here are the Unit Price x Qty. Section 8 -2 -7 states. "The unit price shalt govern over he amount." v 2 w ° p o Q N O 0) Q O N 0. est 0 p 0 v Z agoym.4 17- re co W m R Z (7 a2 W N H V1 EC 1) co o — I m LL LL 0 2113 0 r F 0 E co ui <IL z � iW 11.1 O CO z W = m C W w a E4 4 G d Y M W Y J ma o2 131 7 Q mw H 1- WOOLDRIDGE ROAD RECONSTRUCTION H&G Contractors, Inc. SLC Construction Haas Anderson Salinas Construction PHASE 1- STAPLES STREET TO AIRLINE ROAD BOND 2004 PO Box 10706 1165 Rode Drive 1401 Holly Road 3737 FM 3006 PROJECT NO. 6267 Corpus Christi, TX 78480 Aransas Pass, TX 78336 Corpus Christi, TX 78417 Pleasanton, TX 78064 ITEM QTY UNI DESCRIPTION UN TOTAL UNI • N + •r N T. AL PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE B18. 1,958 LF 6 Ft x 4 Ft Concrete Box Culvert $ 214.00 $ 419,012.00 $ 332.15 $ 650,349.70 $ 280.00 $ 548,240,00 $ 242.43 $ 474,677.94 B19. 615 ` LF 7 Ft x 4 Ft Concrete Box Culvert $ 269.00 _$ 165,435.00 $ 407.40 $ 250,551.00 $ 357.00 $ 219,555.00 $ 349.06 $ 214,671.90 B20 205 LF 8 Ft x 4 Ft Concrete Box Culvert $ 341.00 $ 69,905.00 $ 438.90 $ 89.974.50 $ 340.00 $ 69,700.00 $ 393.38 - $ -0.4 YeN.r ".i 80,642.90 . : ',. ss'.A.V 4 s , �: c% a . �4'4 - ,b ., q w ¢ " .�� : -s8 T {,0 .., .',,`-',,".^, in lk' - 5; t R L �: _ : - , t��u�, C. _ a,1. 1� � x �.,. �$ . �7 k 't _ 4 $ wA . >• w .:: `., . $ 7l8aAp78 : " k q. :L Hr °$r f -✓ . a , : Nii n % . ,A 1. n .., a «', . . C1. 1,445 L 8" C PP 1 4410 $ 64,606.501$ 57.60 $ 84,384.00 $ 45.30 $ 66,364.50' 48.27 t 67,785.55 C2. 466 LF 10" CIPP $ 52.50 $ 24,465.00 $ 72.00 $ 33,552.00 $ 54.00 $ 25,164.00 $ 55.22 $ 25,732.52 C3. 1,011 LF 17 CIPP $ 63.00 $ 63,693.00 $ 75.60 $ 76,431.60 $ 67.00_$ 67,737.60 $ 68.30 $ 69,051 30 C4. 2,306 LF 15" CIPP $ 77.70 $ 179,176.20 $ 96.00 $ 221,376.00 $ 80.00 $ 184,480.00 $ 81.44 $ 187,800.64 C5. 73 EA 4" Service (Wastewater) $ 500.00 _ $ 36,500.00 $ 1,190.00 $ 88,870.00 $ 972.00 $ 70,956.00 $ 1,599.12 $ 118,735 76 C6. 7 EA 4' a Wastewater Manhole ( <6')(Fiberglass $ 4,240.00 $ 29,680.00 $ 4,095.00 $ 28,665.00 $ 9,828.00 $ 68,796.00 $ 4,052.68 $ 28,368 76 C7. 35 VF 4' a Wastewater Manhole (Extra Depth)(Fiberglass $ 600.00 $ 21,000.00 $ 77.00 $ 2,695.00 $ 702.00 $ 24,570.00 $ 174.46 $ 6,106.10 C8. 1 EA 4' a Eccentric Wastewater Manhole with Drop Connection j<61(Fiberglass) $ 4,325.00 $ 4,325.00 $ 5,413.34 $ 5,413.34 $ 10,450.00 $ 10,450.00 $ 6,64418 $ 6,644.18 C9. 7 EA 5' a Wastewater Manhole ( <6')(Fiberglass) ~$ 5,700.00 $ 39,900.00 $ 8,505.00 $ 59,535.00 $ 10,750.00 $ 75,250.00 $ 7,149.73 $ 50,048.11 C10. 3 EA 5' m Wastewater Manhole with Drop Connection $ 5,780.00 $ 17,340.00 $ 9,613.34 $ 28,840.02 $. 11,900,00 $ 35,700.00 $ 8,654.45 $ 25,963.35 ( <61(Fiberglass) C11. [ 1 EA 5' a Eccentric Wastewater Manhole ( <6')(Fibergtass) $ 5,700.00 $ 5,700.00 $ 8,505.00 $ 8,505.00 $ 11,350.00 $ 11,350.00 $ 8,807.06 $ 8,807.06 C12 1 EA 5' a Eccentric Wastewater Manhole with drop Connection $ 5,700.00 $ 5,700.00 $ 9,813.34 $ 9,613.34 $ 11,960.00 $ 11,960.00 $ 12,849.62 $ 12,849.62 (<6')(Fiberglass) C13. 163 VF 5' a Wastewater Manhole {Extra Depth }(Fiberglass) $ 712.001$ 116,056.00 5 105.00 $ 17,115.00 $ 972.00 $ 158,436.00 $ 303.91 $ 49,537.33 C14. 12 EA Adjust Manhole $ 425.00 $ 5,100.00 $ 1,050.00 $ 12,800.00 $ 1,665.00 $ 19,980.00 $ 845.43 $ 10,145.16 C15. 17 EA Remove 4' e Wastewater Manhole $ 795.00 $ 13,515.00 $ 840.00 $ 14,280.00 $ 5,185.00 $ 88,145.00 $ 4,755.52 $ 80,843.84 C16. 3 EA Remove 5' a Wastewater Manhole $ 1,290.00 $ 3,870.00 $ 840.00 $ 2,520.00 $ 7,020.00 $ 21,060.00 $ 7,021.00 $ 21,063.00 C17. 85 LF'j Remove and Replace 8" Wastewater Line @ 8' to 10' Cut $ 260.00 $ 16,900.00 _$ 121.34 $ 7,887.10 $ 140.00 $ 9,100.00 $ 136.83 $ 8.893.95 C18. 126 LF !!Remove and Replace 10" Wastewater Line © 22' to 24' Cut $ 335.00 $ 42,210.00 $ 179.55 $ 22,623.30 $ 216.00 $ 27,216.00 $ 331.83 $ 41,810.58 r C19. 42 LF Remove and Replace 12" Wastewater Line Q 22' to 24' Cut $ 665.00 $ 27,930.00 $ 185.50 $ 7,791.00 $ 350.00 $ 14,700.00 $ 581.10 $ 24,406.20 C20. 20 LF Remove and Replace 15" Wastewater Line Q 22' to 24' Cut $ 1,355.00 $ 27,100.00 _ $ 208.60 $ 4,172.00 $ 432.00 $ 8,640,00 $ 797.74 $ 15,954.80 C21. 10 EA Point Repair for 6 ", 10 ", 12", & 15" Wastewater Line (Any $ 21,500.00 $ 215,000.00 $ 2,590.00 $ 25,900.00 $ 8,100.00 $ 81,000.00 5 2,570.48 $ 25,704.80 Depth} c• O 2 n 0 0 w J w 4 w 0 1Y r-� � U 11. 2 z w O. 0 8 ID 4, sn N M 69 O IN O Oi 69 0 n 69 0 0 Ip U 0 0 LL v 0 J w 0 0 N U) to ° d a 69 co In err ° O N 69 CD N co 0 ID co r- od N 2 69 69 8 3 0 O N chi 69 0 O N r- 8 Ill 69 8 N O 4, 0 U O J ID V 0 0 m O UP ID 69 8 to 6O 8 M N co 69 8 e9 O ID a c0 699 8 r` 8 30 44 co /9 O. 0 0 J 0 a CO CO0 0 CO 69 V 30 69 0 O 8 'Q 69 O O 69 0 O N V3 0 O /0 0, m n 69 ti 69 a O. 0 4, LL J CO CD N- U" N- CO e9 69 0 0 0) T 0 69 0 n O 69 0 4 CO O m 69 8 0 03 69 8 8 !O9 w 69 3 8 •4' m ual 09 0 n co 69 m 0 a '9 8 c0 n co 69 O m 0) 69 O O 6) 3D O N 4, 8 to at d 49 8 O O fa N 8 co v 69 ti 0 0 0 ID Ifl CO V r- e9 O 0 4) 69 a O 03 oo l4l 69 0 0 I` 69 O 0 0 O N 44 0 CD I9 U 44 v Co @ 0 O V9 69 CO C9 N- I' 0) O I, 6> e9 4 °o 8 N O Lei IA 69 O o Lo 117 '4 ti 0 0 w 69 I+} 0a oi In 7 Lo 44 t) 63 63 N O c') o a tl! in 0 69 69 0 0 N 0 v3 O) V M 69 69 a 8 M O vi e9 !e9 0 0 M CO CO N 69 67 a ao 89 0 8 O O 44 O p0 8 44 64 0 a oo 69 M ID a, 69 O a O 69 a 44 69 0 m 0 0. 0 0 0 a4. 4) c r N to R ; 8 �D F., a W M 0 U 69 CO 4 coo m 69 O N Ih W a O O M 69 °0 O I0 69 O O 6) m 69 O 8 8 4, O O >ri 0 w a co N IA 63 6] • 69 M co co 0) 69 8 O O In G O 0 c9 Jito w N 0 M m c") co- ot O O 0 M 00 co a 8 e9 O N r- ot 69 00 69 O a 69 8 O O ID 4, O N n w /n U 30 O rA V 3 CO 8 LA 19 O co ID 69 00 O ID O en a 69 69 0 N v m 2 N ?a 4 rri 44 0 m 69 10 a 69 8 v 0 O 69 co O ui 69 8 co O a 69 O au d4 O o O O 69 O 0) r- I0 L} o N errI 8 N 4- 69 8 8 O N 69 p0 O r• rA 00 N N 69 O O 8 I') 69 O 0) N 69 M m CO 0, 69 CO M w 8 8 to pO 69 0 co co co h 69 A w 69 8 8 Is 64 O co 44 0 m t` U 0 44 V 63 CO M m 69 a O 0 N H 69 4 W N 69 r07 W N 69 h 69 8 0 N ('1 tl• 69 O M Il CD U N O 0 69 0 0 0 7 69 0 O N- C.: 44 69 19 v Di U r9 O M a a9 0 Q. v 69 CD CO 69 O O O N 69 O 49 N N U O 00 0 49 0 0 69 44 N e9 O 0 0 co N w 44 O O N 69 4 m J 4) m fro m IX L 5 to a0 W 0 N 0 O N O ID 0 e9 or o or 38 Ih M 19 O 00 3- I.:88 8 69 H °0 °0 v N 69 °O 00 °D 00 N 0 M 0 CO 6969 8 N 69 c6 O ~ O 0 a 4444 8 8 O) N 4 g O 0 I°n 0 CO O O 0) Go O 0 8 0 0 69 0 0 '7 0 0 0 0 M 69 69 S O 1-. O CO O Iri 8 69 69 4 fp 69 in 0 o co M 69 69 O O a CO co 0 N N 00 EXHIBIT "C" Page 4 of 14 2 9 g 69 0) 0_ o�6' N N 6 0 W O Z O)ym Q al ES Ci hL? Haas Anderson Salinas Construction 1401 Holly Road 3737 FM 3006 Corpus Christi, TX 78417 Pleasanton, TX 78064 AL PRICE a $ $ 594.75 $ 13,043.16 0 9 '. ; .''') N N V 2 2 $ $ 8,762.10 $ 398,799.65 $ 32,413.05 $ 12,372.64 $ 7,234.94 $ 46,015.26 $ 1,970.12 $ 24,774.40 $ 7,828.56 $ 2.765.85 $ 7,897.48 $ 26,839.24 $ 74.950.56 $ 83,414.91 $ 125,462.70 $ 9,951.78 $ 36,979.25 $ 6,921.04 $ 2,340.00 0 $ 2,785.00 $ 3,076.00 $ 5,819.10 $ 3,257.90 $ 88.893.00 $ 4,759.02 $ 30,000.00 : TOTAL T PRICE PRICE CO N N i co. • W 6 •• N N (N7_ o op ONi T T 0 cu C 0�) .7 o oR.- I IS 2,765.85 $ 3,948.74 r $ 13,419.62 $ 4,684.41 m m' 4 4- ul N $ $ 3,460,52 $ 11.70 N 1 1$ 27.85 (11 01 0 0 m $ 37.77 $ 30.000.00 900_ , n 0 $ ,App I $ 38,772.00 $ 17,840.00 _$ 2,457.00 $ 26,244.00 I $ 4,050.00 mo $ $ 12,096.00 $ 5,730.00 $ 88,128.00 $ 3,240.00 $ 17,280.00 $ 7,992.00 $ 3,024.00 $ 1,764.00 p b $ $ 51.246.00 $ 127,822.50 $ 14,821.80 $ 48,450.00 $ 7,350.00 $ 1,730.00 $ 4,320.00 $ 1,730.00 $ 10,800.00 $ 13,500.00 oO $ 1,354.50 $ 30,000.00 X►. UNIT PRICE 0 $ $ 5.40 "$ 220.00 $ 324.00 O0O0 $ up h N $ 67.00 $ 1,980.00 0°°°0°°00°0m $ a 00 o o o o0 0 p (p r $ 702.00 $ 6.50 00 a ° 0 CI 0 0 °°°- ° o o o ° SLC Construction 1165 Rode Drive Aransas Pass, TX 78338 aV h $ 33,318.00 I 0 0 $ Yi 6 $ 896.00 00 $ 15,120.00 $ 2,415.00 5 417,847.70 $ 33,558.00 $ 9,408.00 $ 7,000.00 $ 47,124.00 $ 1,820.00 $$ ° °°$ ° °00 $ $ 76,650.00 $ 27,531.00 $ 39,524.80 $ 15,232.00 $ 5,040.00 $ 1,680.00 o $ $ 2,380.00 $ 17,500.00 $ 17,500.00 $ 3,500.00 $ 104,125.00 °mgli U UNIT PRICE l cp o p $ i� - - 6 $ 59.65 $ 1,024.80 $ 245.00 o 00pp O co $ 462.00 $ 455.00 $ 117.60 $ 1,750.00 $ 2,800.00 $ 840.00 $ 12,950.00 $ 4.900.00 O 5? p p 0p V V m m 0 N ( OO N N° o0 O H&G Contractors, Inc. PO Box 10706 Corpus Christi, TX 78460 L TOTAL PRICE 0) $ $ 9.607.50 $ 68,224.00 956.00 $ 33,746.00 $$ $ $ 15,876.00 $ 2,880.00 $ 260,021.00 $ . _ 28,866.00 00 $ $ 47.532.00 $ 1,852.00 0000000 $ 2 Q 9 90 9p b $ 43.289.00 $ 78,660.00 $ 7,058.00 $ 15,436.00 $ 11,848.00 $ 1,200.00 $ 4,800.001 0 8 8888 $ 2,100.00 $ 29,750.00 $ 3,528.00 $ 30,000.00 '. UNIT PRICE 0 0 0p 0 2 ,- c 239. 0 $ 47.00 0 0 o o° 0 0° p 0 0 8 0 0 0 $ $ 2,366.00 $ 802.00 $ 10,498.00 $ 2,788.00 0 0 $ $ 1.00 $ 908.00 0 0 0 0 ° ° 0 0 0 0 0 0 0 0 WOOLDRIDGE ROAD RECONSTRUCTION PHASE 1- STAPLES STREET TO AIRLINE ROAD BOND 2004 PROJECT NO. 6267 DESCRIPTION Pre and Post Televise Inspection (Wastewater) Trench Safety (Wastewater) Remove and Replace 12" Wastewater Line @ 12' to 14' Cut E.. R E EA 6" Any Angle Bend LF 8" PVC Waterline (C900 DR 18) EA 8° Gate Valve EA 8 "x6" Reducer -0 CA J LF 12" PVC Waterline (C905 OR 16) EA 12" Gate Valve EA 12 "4" Tee EA 12'x12" Tapping Sleeve & Valve EA 12" 45° Bend EA 12" 11.25° Bend • LF 120" PVC Waterline (C905 DR 18) EA 20" 45° Bend 0) E EA 120" Gate Valve L EA IFH Assembly with 12"x6" Tee EA Water Service SF Utility Pavement Repair LF Trench Safety (Waterlines) EA 'Waterline Connection (6", 8" & 12") EA Waterline Connection (20") SF Unanticipated Remove and Replace Concrete Sidewalk ' SF 'Unanticipated Remove and Replace Concrete Driveway ' LF 'Unanticipated Remove and Replace Concrete Curb and Gutter L LF 'Exploratory Excavation Trench r EA Exploratory Excavation Spot EA Adjust Valve LF Remove 8" AC Waterline LE Grout Fill Abandoned 20" Waterline LS Water Utility Allowance _. "The unit price shall govern over the amount." 'The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qty. Section B -2 -7 EXHIBIT "C” Page 5 of 14 0 r ELI G r H O N co W H U N d a N Q _aU m0 u. 0 O z 0 Q 0 m < 0 z IU O � f— z C w 2 c CC a • p Ea %`n c c 14 m Io O y 142 C X rG�. J Al up, 2 0 gW w F F 69 0 LO CO O 69 O CO CO 4(4 O H O O N O m 4, v H c 0 8 O 69 O rn H 0 0 0 N 69 O 0 H O H 0 40 07 C9 N N A N n H CO 0 88.888.80 1$ H 0 4n S O Vi O H O 0 O 69 N 0 69,264.001$ H O O O N H O 0 ti ri 64 ca 4) W 8 4, O ui H m b 2 W 0 It 2 -6 CI) U a v 0 U LL J Utility Pavement Repair (Shallow Conduit} a 2 CO N 4- iff n ad sus ~i Section 6 -2 -7 states, The unit price shall govern over the amount The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qt IEXHIBIT "C° Page 6 of 14 O CD } V- HHH co to CO O 7.- W.- O N N r H (D O N7i7 O N r 64 69 W 0 Q. CO N V cD O O r w H H 19 O 0 60 COrnA in u7 H H n ..t0... .4. . �4y tl ea ..401,' . 1 `n°� INeo 1 0 a 1 n07 1 69 69 6 c A CO V N 69696969 ° C rGC N r (O 11: 1 .._ N 1.- ;; "H•�� -' iMCU 4 ap w 6 69 64 r�i n N 49 :rn00NCOlaa 1 CO (0 in r eo V) w H H H ' ti_' ;Oai :' 1- - n ` M .'69 rcM•7404''8PIc°ao3 — (0 .r- H ('1�DU'ico1.o0-'- 69169 H HRH w N 69 H cp N CO H H -,. pp o rn422 H 69 H g 69 18 4 nm p 49 H 49 69 ` p Oi 69 m ma°D a N- CO 69 H p° p r 6969 -' Ct .`Nr:'. Spt2 Oa I!7 M O co (V V O 0) H CO H pp O 4 CO LL) O r 000 1� O N O Oi. CV (C 7 1� 69 H 69 H H H - co 4 4 Q Y C H pppp400 w 0 CO 0 O O O r7 a GD W G? H H H H 69. H 00 4 0 O 69 69 t.,�� O o 0 rs, 6F/ O o aD co co Q 6969 i"' '_ ?_- :� :<}: _ i S N " vi vi ti _ co O r.- 6969 - N4 Qco N w 69 0 oo n sA 40007 u07 T x4000 IOCncoMr0 O w - •- 69 H 69 N di M w H ::0 ��O 0m N000O ncoa[V 00 w n 4 of m 4 V _ H H 69 69 H H ' O t- r•- H 0 r (0 H po po d 6 S S 4to S� c0 — a a H 69 H H A 'i91 -- p -. 0 8 S cn v cD F co O H 69 H �. x ?i 'q 00°0 0 • riv(0 '- 69 0 0 q r 69 H 0 • u7 H - - 0000 — 0 4 4 0 v -. - - 61 69 69 e9 4 E.: .' _- tl7 000 0000000 ■ 0 0 0 0 0 0 0 0 0 = � .-CI rim 001 4 0 N CO -' 69 69 H H H H H H f9 _ ,... 1 n 1 0 11 E® to J v7 J Q k3 CI Q W J J W Ill B r 11 J U i0 `�::. !I 7• ` MI8re a V1 Sq J W III 11- 43 r I m to W W W W W W ®011 211 :1u NO E 69 0 LO CO O 69 O CO CO 4(4 O H O O N O m 4, v H c 0 8 O 69 O rn H 0 0 0 N 69 O 0 H O H 0 40 07 C9 N N A N n H CO 0 88.888.80 1$ H 0 4n S O Vi O H O 0 O 69 N 0 69,264.001$ H O O O N H O 0 ti ri 64 ca 4) W 8 4, O ui H m b 2 W 0 It 2 -6 CI) U a v 0 U LL J Utility Pavement Repair (Shallow Conduit} a 2 CO N 4- iff n ad sus ~i Section 6 -2 -7 states, The unit price shall govern over the amount The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qt IEXHIBIT "C° Page 6 of 14 The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qty. Section B -2 -7 states. The unit price shall govern over the amount" E X H I B I T ' " Page 714 k CY 4 \ 0 in ' 0 r. \ \ \ 01 X E E w L \ \ y The areas with bold borders indicate an error in an extension which did not affect the low bid. The totals reflected here are the Unit Price x Qty. Section B -2 -7 states. The unit price shall govern over the amount" E X H I B I T ' " Page 714 IEXHIBIT °C" I Page 8 of 14 Industries Jimmy Closner & Sons Const Pasadena 2809 W. Expressway a, TX 77508 La Feria, TX 78559 TOTAL UNIT TOTAL PRICE PRICE PRICE .._. '- -.:` I:- " EMI() .4 0000 O O 0 In M 69 [n CO co N r 69 O CO 111 N O r 19 O � 69 ID r M CD C NNr4 69 00 1n 'at 1n 7 v 69 O) I+ O O h 64 Q O o O 69 0 0 O 0 V v r 61 1$ 11,075.501 0 In h M (V 69 0p O to Of V CO et 69 to h M O O a 69 $ 2,051.25 1 o O O M h (V 63 0 0 N to r 69 01 IN co O) O1 M 7-2;;Z7771 O 0) M M In r 19 $ 2,632.501 0 0 1n 10 r 10 to 0 0 O O try 17 69 to h �cpD 10 ' M 9) o In C) to r 69 $ 316,368.00 ..`:x•{10 i.:'{ �:N :; }:9 pp to O (17 r IO 69 0 0 1� 614 to 0 69 In O1 7 69 47 a0 co IA O CI co N 69 O 0 N 1V 69 0 0 O N h 69 10 N 69 $ 4.25 to N '7 69 SL "E $ If) h 117 69 0 t? r 69 0 N N 69 47 N (O 69 U) N N r 69 M O r F9 $ 16.25 $ 455.00 0 0 0 V) 69 10 N m 63 1f) N 0 69 1f) 1+ O7 4') ° `" �. ..69 0 0 0 • O h CO. M V V N N 69 0 0 ID t9 0 0 O O O 40 1$ 255,385.00 1$ 21,420.00 I 0 0 r0 N W ID 49 0 0 Ni tp it 93 0 O G 0 CD In 69 $ 7,818.00 O O v N. .- 69 0 O (o N 1) N (0 $ 825.00 0 O N O 10 69 0 O O 1') 69 0 0 ID h O CO $ 6,348.00 1 O 0 e_0 w 69 $ 5,599.00 $ 1,620.00 0 0 O h 3 r 63 0 0 0 m o r 69 O 0 cn O O1 N 69 0 0 CO o r 69 $ 324,480.00 I UNIT PRICE 0 0 0 0 00 1() C0 69 69 0 0 r 49 1_$__. 50.001 0 0 0 0 00 44 (D 4 49 69 10 1$ 552.00 0 0 00 0 63 0 0 m 69 O 0 th 49 13 2.40 0 0 69 0 0 (D 49 0 0 117 63 0 0 r 69 0 0 -4 69 00'L 0 u7 0 M o 0 0 r N9 $ 210.00 $ 240.00 0 0 1() (0 0 0 ID (0 0 0 O r 69 OLDRIDGE ROAD RECONSTRUCTION Bay, Ltd. APLES STREET TO AIRLINE ROAD BOND 2004 1414 Corn Products PROJECT NO. 6267 Corpus Christi, TX 78469 I TOTAL PRICE 3` 10 0 4000 .� o aD O N- O ttt� - N (- 696969 0 Co to N $ 88,800.00 $ 229,846.50 $ 107,100.00 $ 21,294.00 0 0 O 0 11 N 69 0 0 O O 0 r 9) 0 0 In 1n (O 99 0 0 (fj QI M r 69 o 0 O In M N 69 $ 1,237.50 $ 820.50 r 0 o O h r 69 0 w (1 h 69 $ 5,554.501 0 1) N '7 N 10 0 01 M 0 N fA 0 0 O N ID r tR $ 1,400.00 0 0 ID h U) r f9 $ 1,885.501 0 0 O O) 0) 69 $ 259,584.00 DESCRIPTION UNIT PRICE `gK' 0 0 0 a ~ s;3 1n 49 69 0 0 V (9 0 0 (¢D 10 $ 4.50 $ 30.00 -$ 78.00 0 0 O to 9) 0 O O 0 h CO $ 2.50 o to N +9 C 15 N t9 0 Ln r 40 O 117 .• 69 N q O 69 O r v) O N [•) 69 0 try h u) (n tl O 69 0 0 O r 10 0 0 o0 N 99 0 O N N 69 0 In 619 0 O N 93 0 O CO 49 Preparing Right of Way Excavation (Roadway) Concrete Header Curb Concrete Drivewa Concrete Sidewalk Concrete Curb Ramp Concrete Bus Pad (8" with Curb) !Aluminum Sign (Type A) Roadside Flashing Beacom Assemblies (School Zone)(LED)(Solar Powered) 'Work Zone Pavement Marking Non - Removable (White)(4 ")(13roken) 'Work Zone Pavement Marking Non - Removable ,(White)(8 ")(Solid) !Work Zone Pavement Marking Non - Removable (Yellow)(4 ")(Solid ) Work Zone Pavement Marking Short Term (Tab) Type !White Work Zone Pavement Marking Short Term (Tab) Type Yellow -2 Reflectorized Pavement Marking Type I (White) 4" (Broken)(90 Mil) Reflectorized Pavement Marking Type I (White) 8" (Solid)(90 Mil) IReflectorized Pavement Marking Type E (White) 12" (Solld)(90 Mil) Reflectorized Pavement Marking Type I (White) 24" (Solid)(90 Mil) 'Reflectorized Pavement Marking Type t (Yellow) 4" (Solid) p0 Mil) ,Reflectorized Pavement Marking Type I (Yellow) 24" (Solid) (90 Mil) Prefabricated Pavement Marking Type C (White)(Arrow) Prefabricated Pavement Marking Type C (White)(Word) Reflectorized Pavement Marker Type II -A -A ,Reflectorized Pavement Marker Type I -C Flexible Base (Complete in Place)(Type A Grade 1)(5.5 ") ~ i• CO LL)- J Cr) LL LL} Q N Ui CO LLl a i11 lL J LL, J tL J < a lil 1L • J lL J iL J Ll_ ..] LL J LL J a W a LL! a 1L r -CO a en V Q en r r r47 N N IA L lN O OD LO CO O) cro h h .et.. M 2 w a�¢aa¢a a O a .- a N ¢ M ¢ ¢ In a ID a h a a0 a O) a O a N a CV M a v Z m m O am4, m O 01 r 0. r F p) (4 N h N m O_ t G1 N 0 x •c a m L 4 R N 4) N m N cm R O m F v n 8 a) ""o- .c c ro ro 0 0 10 m 0 m (4 G) m u m 0 -o D .0 CO y ro • C z m O i- L E crs a m LL 0 z O 5 m a N W F N_ 0 N a 0 0 0 0 z w z 0 U. z V w O 6n - to Z w 2 1— C I e Q Lu w a 8 U L '- 'A I: ,a i a m () g b y0 cZ W m -I 00 F ii go w Jimmy Closner & Sons Const 2809 W. Expressway La Feria, TX 78559 TOTAL PRICE $ 554.215.50 = 0 vO N m '9 t9 $ 48,672.00 I 0 0 co O r to $ 170,352.00 000 OUIUi to ,- 69 coo UM N 69 69 $ 1,230.00 0 O T (0 44 0 O O 40 69 0 4I 44 $ 1,485.001 0 O N 69 $ 4,325.00I 0 0 ID m 69 $ 1,843.00 u $ 7,524.00 O �0 40 N 69 $ 11,440.00 00 O O(07_ c0r 44 O 49 1$ 575.0011 47 N 4) 69 $ 854.25 $ 3,636.00 $ 35,440.00 UNIT PRICE u7 N jr 49 $ 12.25 I 0 UI 49 o N 49 $ 5.25 $ 5.50 u7 I+ V) V3 $ _ 20.50 o O e9 o O 44 u7 W 49 o 4) 14) t9 0 O N t9 0 O N c» V 49 0 0 0 0 M 69 0 0 0 0 m (D r 44 -to $ 230.00 0 0 1: 69 1$ 220.00 0 0 m V) 0 O 40 .- 44 in 0I e- 69 $ 2.55 o (D m U) 0 O 0 00 40 49 Industries asadena , TX 77508 TOTAL PRICE $ 581,472.00 $ 570,176.00 0 0 0 O1 m t(0 ea CP 0 4 c. rn e9 0 0 0 0 .o. a O m co rn U> V) 69 0 0 O 01 4'- t9 0 0 m e9 $ 1,320.00 I $ 18,000.00 O O N m ^ t9 O O O c0 64 O 0 N cD .- to $ 3,720.00] O pO O (p v ea O 0 0 0 (D Ni 44 $ 19,000.00 $ 8,208.00 O co ./.- W N 69 $ 12,480.00 O O CV N 0. ri 69 $ 1,440.00 0 0 0 co 19 $ 1,550.00I $ 1,005.00 $ 4,040.00 0 O N co f m CO �'dr 0 0 co r 69 0 0 6 r 69 0 0 N 44 000 0 mmInN 69 0.0 69 69 0 in 44 0 0 N 69 - 0 0 N 9) 0 0 V 9) 0 0 m 69 0 0 (D to 0 0 m 69 0 0 0 41 a e9 0 0 0 0 ri 69 $ 1 ,000.00 $ 180.00 $ 246.00 $ 780.00 000 0 Cr ci N 69 0 op CO 44 0 N r 99 0 0 6" CO 00 "£ 0 0 4 09 $ 9,432.00 r, Ltd. n Products Isti, TX 78469 TOTAL PRICE $ 417,933.00 $ 356,360.00 O CO E0 OD R 0) •- 44 rpos.....—_ O 0 M e� N N 69 O 0 cD 0 60 O CO r 0 O UI 4) (o 69 69 O 0 UI O BI O r 69 $ 3,125.00 1 O 0 O O N r 9, - O 0 O O O O r V) $ 4,040.001 O 0 0) W V) O O O N (O w 69 $ 2,728.00 0 O O O 0 .i." 69 0 0 0 O UI m 69 0 0 0 0 O UJ (0 O (D co co — 9 49 0 0 0 0 ".3: co m 69 $ 12,800.00 0 0 0 en N Or- r 69 0 06 0 '9 '.f 69 0 0 0 0 (D 49 $ 1,550.001 $ 837.50 0 0 O - O 7 64 0 0 O O O (0 9) f w V d O 4 7 EA $ 10.00 I O cD 0 EA 0 1` 0 49 0 0 r-,000 r.-' r 49 49 0 N Vi 0 N 44 $ 20.00 0 0 N V) 0 0 11i 44 0 m m 44 0 O LD 44 $ 2.20 $ 4,000.00 O 00000 0 UI m 49 0 O 0 BI 0) r 44 49 0 407 N 49 O 0 O 49 1 $ 250.00 Cr 0 CO 69 O 0 'ONE 49 O O N 44 $ 2.50 O 0 t9 O O 0 0 O O 49 OLDRIDGE ROAD RECONSTRUCTION APLES STREET TO AIRLINE ROAD BOND 2004 PROJECT NO. 6267 0 P a a u in w 0 Flexible Base (Complete in Place)(Type A Grade 1)(8.5 ") Type C Hot-Mix Asphalt Concrete Pavement (2 ") Emulsified Asphalt Treatment (Base or Subgrade)(MC -30) Asphalt for Surface Treatment Aggregate for Surface Treatment Plane Asphalt Concrete Pavement (2 ") Geogrid Base Reinforcement (Type I) Conduit (PVC)(Schedule 80)(1 -112 In) Conduit (RMC)(Conduit on Pole)(l -1/2 In) (Conduit (PVC)(Schedule 80)(4 in) Utility Pavement Repair (Shallow Conduit) f Power Cable (2 -1 Conductor)(6 AWG) l Power Cable (3 -1 Conductor)(12 AWG) ILSN Electrical Conductor (No. 8) Insulated Ground Electrical Service Type T (120 /140)000(SS)GS(N)OT(U) Electrical Service Type T (120 /140)000(SS)GS(N)OC(U) Ground Box T • • D Drilled Shaft Foundation (Traffic Signal PoleXType 24 -A) Drilled Shaft Foundation (Traffic Signal Pole)(Type 36 -B) Pedestrian Signal Section (16 In)(LED Countdown) azzummamairiiilaus11111111111 [Back Plate (3 Section)(12 In) Back Plate (6 Section)(12 In) Traffic Signal Cable (Type A)(4 Conductor)(14 AWG) ITraffic Signal Cable (Type A)(7 Conductor)(14 AWG) Traffic Signal Cable (Type A)(16 Conductor)(14 AWG) Traffic Signal Pole Assembly (Steel) 1 Arm (32 Ft) } 49 } 01 } 67 } } N N } N IL J LL J LL J LL 69 1L .1 LL ^.1 6L J Q ll Q W Q lL W ›. ii. > L W 4 W Q w LL J u. J LL J ` J cmp_ M CO .9- m CO nt c19 CO co C9] m N 1` C N f` CO W n N On N O N r .- r (D 4) C N r to n tco 4) In In M O r '9 i h O CIO. ¢ - <aaa N t l'I 4 a¢ 0 6 a f� a e0 a RI ¢ O a r- TS N M V 0 0 f+ 0 oI O ¢ a N a EXHIBIT "C" Page 9 of 14 Page 10 of 14 w _y ce U y N� I.f. y0 0 V m � a0 0 00 5 r2 m W F o m z u w •2 LL. O A z e w m 4 - C W a ~ 0 Y_ Q E r. C) G ;L 0 A E m0 Y F J 2 O O W [1 10 m W 1- 1- Jimmy Closner & Sons Const 2809 W. Expressway La Feria. TX 78554 TOTAL PRICE 0 0 o 0 fn M 49 0 0 0 0 co 15 u9 0 0 0 0 10 (7 69 0 0 0 0 co N 1D 69 0 0 0 0 0 1O N IA 0 0 0 00 40 11) 49 0 0 0 0) N 69 C$ 3,410.00 1 $ 34,000.001 0 0 0 0 h 1. T- f9 - - - _ — - - . - o 0- 0 N a EA - •• -' 00 1000iii 11) 0) N a b) 0 6)a N () (9 00 0) /D r V► 00 Q- 0 h0 N h tQ N () (9 t9 - - 00 o 0 O a v r k9 • $ 153,872.00 V 00 (•i 11) to h tO 0 h O) h (0 H9 $ 27,081.001 0 vi N O) 1+ (0 0 el (y 49 324,426.00 W! z 0 0 O (D . Di 41) 0 0 O CO 69 1$ 225.00 1$ 31,000.00 0 0 O 0 (0 rs 1.950.001 1 $ 1,475.00 (0 h N r$ 4,250.00 $ 8,850.00 s` `�' •. ,.. - - + 0 0- O- ti .4 69 •• . - 0 0 in 00f 17 69 0 0 0 V v 69 $ 2,420.00 $ 11.50 1 $ 2.700.00 - - - - 0 0 0 N (0 $ 118.00 0 O O r 69 0 0 M (0 0 0 (. r V, 0 0 11) 69 0 0 el 49 0 0 co r-- 19 Industries 'asadena a, TX 77508 TOTAL PRICE 0 0 o agy 0 0 N 49 0 0 O 69 1 $ 66,000.00 1 $ 28,000.00 - $ 3,200.00 0 h 4.9 $ 36,000.00 1$ 18,800.00 °• .� , - $ 36.000.00 0 0 N - $ 154,050.00 $ 2,500.00 II 1$ 17,550.00 - $ 116,056.00 O r (0 69 $ 26,469.001 O 0 co 149 $ 230,184.00 $ 392,112.00 g UNIT PRICE HflRRU O M $ 4,500.00 ° L+ - O fn - 1$ 1.300.00 1 1 M COO - $ 133.00 I ti r- co 5 336.00 1 y, Ltd. rn Products ristl, TX 78469 TOTAL PRICE °o O 0 O V co 00 -00Z'L $ - - a - - °o 0 o- O Np co °i 69 - - - $ 33,600.001 - _ ? ,r..s. n'' . ,sx., 'f•Y 'n; $ 65,000.00 I $ 23,400.00 - r -p0r 000 G 0 N0 0 = - $ 201,450.00 $ 2,300.00 - - 0Q Q 0 $ 156,480.001 - a p0 O N 3 $ 22,950.001 0 O M h co N 49 $ 158,460.001 0 O (D N 69 UNIT PRICE 0 O 0 co co O V) - - $ 130.00 0 O O O O o 19 00 00 O Oo 0 (7 4-- 69 0 0 N 69 1 $ 1,500.00 0 O M v9 0 o O O a 19 0 0 O 0 N 49 0 0�' 0 O O CO (0 ?�� :Ft„ '.r; - ' .f i'`- a �,' . �.„. - -..: q: ,;. -. 0000000000 000000000N 0 0 000000 to CO N N - H9 0 CO (9 0 10 N (9 0 M N V9 0 CO (9 h 0 r 0 1") N (0 (9 11) (9 N Vi $ 120.00 0 0 O 0 r 69 $ 130.00 0 0 O 10 r (9 0 o O P r (9 0 0 O 0) (9 $ 230.00 WOOLDRIDGE ROAD RECONSTRUCTION PHASE 1- STAPLES STREET TO AIRLINE ROAD BOND 2004 PROJECT NO. 6267 DESCRIPTION Traffic Signal Pole Assembly (Steel) 1 Arm (44 Ft) Pedestal Pole Assemblies (Pedestrian Push Button Post) Pedestrian Detectors (Push Button) TS2 Controller Cabinet Assembly with Foundation VIVDS Processor System -- - - -- IVIVDS Camera Assembly VIVDS Set -Up System VIVDS Composite Cable (Coaxial Communication & 51C #18 Power)(ISOTEC) internally Lighted Street Name Signs (LED)(8S) [Remove Traffic Signals v. f�> -_ uYtt. , e a. urb niet ��yj . Il•t:1�airata' 15' Curb Inlet Extension (Type E) 1 15' Curb Inlet (Type C-P)(Complete) IF Curb Inlet (Type C- P)(Modified) 15' Curb Inlet Extension (Type E -P 1 Concrete Curb & Gutter Concrete Sidewalk (Drain) [Utility Pavement Repair Trench Safety (Storm Water) ] 118" Reinforced Concrete Pipe (Class 111) 124` Reinforced Concrete Pipe (Class VI) 36" Reinforced Concrete Pipe (Class 111) 1 `42" Reinforced Concrete Pipe (Class 111) 48` Reinforced Concrete Pipe (Class III) 14 Ft x 4 Ft Concrete Box Culvert j 15 Ft x 4 Ft Concrete Box Culvert j Z W BW < W W a a W J W W d W -W W W WiIFW Jly7(O-I -) J J J J� -a- co N 11H Co N 77 O r h h �• f`7 111111112 (D 111131111¢1; ®011L°COM �'�mmmm N Ma 11) 10 .I�O]� ct O •- N_ CO P•) a. m 1_1) CO (O mm h C) L 0 0 a 0) O 0. 0 t 1- ai C) 4] O0 -• 0 CU 0 L 0 CU 0 To 0 0 L 1•'- A .0 0 as a .0 P 0 0 co0 0) C. 0 0 N co C lC) (.1 c y n 0 .0 v 6 .0 .0 y (0 O co N O l- a E N EXHIBIT "C" Page 10of14 Page 11 of 14 N a N0 U O gz m W Al I- z Ci m z yy LLJ u. O H 1— a) z £ 2 ro 1- a a O 0 u Q L 2 r6 c c s ai 0 aci C7 O N to Y O J m2 0 0 -JO m W 4P. m a w a J c., r, CO an 0 G W O7 ImL E10lZ- E a m Q 01 0 m co H B 1:17 _ R a E� co a z g O. 0 v 0 0) 69 0 0 0) 49 O N 9 69 0 0) 69 0 O 69 F W Z Z 0 O 0) 69 o 0 0 69 0 O N 0 z Z 0 0m re ig W 0 J N u re to t�L a o OZ O W w w-3 c II. H 0 J a. pF W m a N 2 a W 0 O U 0 0 LL 0 W O LL -J Co 0) 0 0 0 m V 0 0 0 ti v x LL 1 J ID n f — 0) m 01 O 0 O co 44 0 O 0) 49 0 O 0 N h 10 N V9 0 0 6 O O 0) N 69 0 0 ID N 0) M d) 0 0 ID o N 9 N co 64 64 69 o 0 0 M 64 69 n 0 0 0 69 0 0 r 69 0 0 N 7 0) 69 0 0 0 N 64 0 0 0 0) 47 0 0 6 ao co a r V 6 64 6 0 0 0 G 69 0 0 00 01 (n (n 4 69 69 O (07 O 7 64 0 o 0 o0S 69 0 0 49 0 O 49 0 O N 69 0 0 0 69 o O 69 0 0 0 0 CO o CO co 69 69 0 63 M 0 64 69 • O 0 69 0 47 h w 0 0 Y~ 0 O O 69 0 O O O 3') 63 o co o w CO') V' 49 69 69 0 O 47 69 0 q N. ct ID 64 69 0 O 0 O O 0 44 0 a$ N h 69 00 co lD co 69 0 O'7 ( O CO 69 0 0 O 61 0 0 O N 69 o 00 0 0 3 0 GI el- 69 69 0 O 0 0) 49 00 00 O O o o 00 h 69 49 00 O (0 h 63 0 0 N 47 m 69 0 0 O O 69 0 O 00 N O 84 0 N 69 0 O O c. o N N 0) (() O N •- (9 69 69 cc O 0 O (0 69 O O O 0 0 00 O 6 N3 69 0 co 0) 69 0 00 O co 0 0 m 69 0 0 w 69 0 0 ti 69 0 0 0 h a9 0 0 0 O P7 69 0 0 0 0 ran °o N 0 M 69 69 0 0 0 O 1 619 0 0 0 0 0 0 O O a; h 69 69 0 0 0 (0 N- 0 0 O N 69 0 0 O N 0 0 O (D 49 0 0 0 h 69 0 0 N O h N 69 0 0 N- 9- 0 69 0 0 rn 0 0) co V3 0 0 0 co o 6 0 0 0 0 a 69 69 69 0 0 49 0 0 0 0 LL J v 0 0 0 O 6H 0 0 U LL J 0 0 0 0 m 64 a a 0 LL J m co ear. 0 o 0 O (0 N 49 w W (9 ti 0 0 0 0 O r 69 h 0 0 0 0 0 0 0 h O 01 67 69 4' a Wastewater Manhole (Extra Depth)(Fiberglass 5' N 07 W 0 0 0 0 0 0) 49 0 8 O 49 w h 0 00 0 0 00 0 0 ' r 69 69 0 O 0 0 69 0 0 0 O N 47 co 6 0 0 0 O N P7 6 0 0 8 ID (9 0 0 0 0 N O 69 00 0 (0n 0 (0n N N 49 69 69 4 O 00 o CD N (D O O 03 69 69 69 0 0 0 (') 69 00 00 0 0 6H 6) 0 0 0 N 0 O 0 3` 69 00 00 0 O M V3 0 0 0 O 0 0 0 0 0 O 0 V) 0 0 0 0 O o co co. 64 69 0 0 m 00 0 0 0 .0 a) 00 3) H m w w (62 Q ;La iry y. e Eccentric Wastewater Manhole ( <6')(Fiberglass) 6 a w ("7 ‘Si 0 0 $ 17,000.00 C 0 0 C 0 0 0. 0 0 .mss m 0 co 0 m li m )D in v. w w N 0 0 0 O 0 V 69 5' a Wastewater Manhole (Extra Depth)(Fiberglass) P7 O 0 0 0 0 p) 0 .0 co 0 RRN 0 0 O 0 N 69 9- 0 0 0 0 S N 69 VI (0 0 0 00 0 (3) (n O N 49 S'7 N 69 69 10 Remove and Replace 8" Wastewater Line @ 8' to 10' Cut '7 N 0 N N 0 N N 3)) m C J J 3) �8 m O N La al n a o Q rf m > > 05 m CC o CC o J CO CO oe 0 0 0 0 0 0 O 417 0) 64 0o 00 co co N r (•) LL O N 0 N 0 uW J O 0 O N U U 0 O 64 (0 v M N 0 0 O O 0 O (0a 69 0) 0 EXHIBIT "C" Page 11 of 14 0 O 119 tic 1- V r O r < 0 N o - wr 0 W a Z Oi N m - 9 w'° W Z OW h N s U co a. en 0 V 1L u-o o� 5" Z m w 11.1 Z 0 6 Z W Z 0 11) ai 2' 2 m a. c CI 0 (1 Q E O c ti d 0 gO N W eZ 0 W i "1 m a0 W i0 1)1 2 M F Jimmy Cleaner & Sons Const 2809 W. Expressway La Feria, TX 78559 UNIT TOTAL II PRICE PRICE $ 10.00 I $ 55,530.00 0 O O O O to 69 O O 0 O N 69 I $ 417.00 is 21,684.00 11 0 pl lti M '•. -' z . < -: ;tiv 1 0 O OA 0 � r 0 ail V O(DNN r 691.9 0¢ 000 00000/0010 C446161.61-60030.1 )- 69 0 0 ¢R} al. m V 69 6969696969 0 Oaf rN N 0 00 0 N T A. 0 O 0 V 1$ 62.730.00 I e 0 000 0100 0 61 N�1D 696969 0 M 601 $ 6,960.00 $ 3,650.00 $ 2,500.00 $ 21.420.00 0 0 000 0011) tT Q O N n 69 69 0 N M a0( 69 1$ 42.348.00 $ 45,900.00 $ 26.500.00 s(IPSIMee 0 O O 0 O N 69 $ 4,800.00 $ 1,275.00 =MIME= 0 000 000 O O a) 5960 0 O O 10 r 0 0 r N 69 $ 119.000.001 011116 O 0 O 0 M (D 69 $ 30.000.00 M O: pl ID 99 - '0 10 V -" (000 N (000 N 6) 00 N O r. 69 $ 390.00 $ 460.00 $ 322.00 00000000 a) 4 M 69 00000 1)O CO .4 69 6 60 N (0O V 89 69 10)a)O (D 69 f+ 1.0 69 10 69 40 '4'1 1+ r 69 1$ 3,650.00 $ 1,250.00 $ 10,710.00 $ 3,590.00 $ 1,055.00 0000 0000 0 69 6OO 69 0 N 69 ((') N M 69 0 0 O •^ 69 O 0 N r 69 in OO 1+ 00 N r 69 69 $ 1,500.00 $ 420.00 O 000- 000'1 N 69 O 17) 69 O'' 0 O O, a7 69 -.. • -i Bay, Ltd. Ramos Industries 1414 Com Products 3636 Pasadena Corpus Christi, TX 78469 j Pasadena, TX 77508 TOTAL PRICE 0 O co I 1n 69 0 0 O M 69 0 0 O a 0 r to 0 0 O(Oa00 ON r - - 0 0 10 69 0 0 0r (0 r 69 $ 2,100.00 I $ 18,900.00 $ 5,760.00 0 0 60) N0) NNn V 69 0 0 O 69 $ 7,200.00 $ 4,000.00 $ 51,000.00 $ 1,800.00 0 0 O N N 69 0 0 (D 69 0 0 O O N 69 $ 3,200.00 $ 24,000.00 $ 48.000.00 1$_ 15 98,325.00 0 0 (0 O ti 49 0 0 n r 69 0 0 O 0 CO - - [$ 2,600.00I 0 0 0 0 (0 69 0 0 P o 0 o 0 0 0 N r 69 69 0 0 o 0 0 0 0 0. O of r 69 69 p 0 8 0 Q 69 0 o (n O 69 0. po O 0. O 69 • t ■ • ,69 TOTAL PRICE WU $ 44,424.00 $ 10.00 O O: r j 69 O ¢ ui I+ 1V 69 $ 9,360.00 1$ 200.00 4 z qqq 1(i . €_`; - 0 047000000 60000 1f) N - 0 n 69 0 0010 0MMM . 69 0 0 0 auh 69 69 69 0 00 69 0 0 N. r 69 00.000'v $ 00'091 $ $ 500.00 $ 450.00 0 0 00 I+0 69 0 0 W r 63 1$ 2,000.00 00'000'4 $ 00.000'£ $ 00'000'ZI. $ 00'009'4 $ 0 0 69 0 0¢ 69 0 00 00 40 0 0 69 0 0 ai r 69 0 0 vi r 69 0,0 O 0 o 000 in (D 69 69 0 0 0 0 0 0r o V r 69 69 0 0 a0 19 0 0 '0O 69 0 0 O O' 69 -= • r ;: 1,10..40 1 $ 53,850.00 1 $ 14,400.00 $ 3,500.00 $ 13,500.00 $ 6,750.00 0000 N al01069 N -rD 69 O¢ 6 0 OS CV 69 P 00 0 0 10 0) 69 69 $ 48,450.00 $ 1,900.00 0 0 N. CV 69 0 0 aDN 69 0 0 69 $ 4,800.00 $ 24,000.00 $ 56,000.00 $ 94,900.00 € $ 98,325.00 11 0 O 110 r @ 69 $ 68,000.00 11 O 0 0 O 0 69 $ 2,200.00 II 0 O 0 0 (0 69 0 000 o 000 0 0 h 00u7 M 000v 69 69 0 0 0 0 0 69 69 $ 112,217.00 [ $ $.040-00 1 0 0+O� 01 69 -. - T N." a ,• ,'� ". UNIT PRICE 00'9 $ 0 a) 69 $ 180.00 1 $ 275.00 0 0 ui 69 0 0 o rA $ 500.00 $ 250.00 $ 450.00 o 0 o (A ['$ 1,700.001 $ 525.00 $ 3,800.00 $ 475.00 $ 475.00 0 0 0 w(( 69 0 in 0 69 00'005'Z $ 00'00E'4 $ 00'009'E $ 00'000'Z4 $ 00'00t�'Z $ 0 0 in (A L$ 2.00 1 0 0 o 0 (» $ 5.000.00 I $ 11.00 0 0 in r Ff9 00'0p $ 00'LE $ $ 900.00 $ 900.00 (D co 69 0 0 0 BOO. 69 O 0 0 69 WOOLDRIDGE ROAD RECONSTRUCTION PHASE 1- STAPLES STREET TO AIRLINE ROAD BOND 2004 PROJECT NO. 6267 o a.. a 0 Pre and Post Televise Inspection (Wastewater) Trench Safety (Wastewater) ,Remove and Replace 12" Wastewater Line @ 12' to 14' (Cut �sY •.L�'• : -` d 16" Any Angle Bend (8* PVC Waterline (C900 DR 18) 1 y is ED c0 1-8"x6" Reducer [8" 45° Bend 16" or 8" Plug 12" PVC Waterline (C905 DR 18) m 2 > 10 N 12 "x8" Tee 12'x12" Tapping Sleeve & Valve 12" 45° Bend 12" 11.25° Bend 120" PVC Waterline (C905 DR 18) 120" 45° Bend 1 E20 "x12" Cross 20" Plug 20" Gate Valve FH Assembly with 12 "x6" Tee Water Service (Utility Pavement Repair [Trench Safety (Waterlines) [Waterline Connection (6 ", 8" & 12 ") 1 Waterline Connection (20") Unanticipated Remove and Replace Concrete Sidewalk Unanticipated Remove and Replace Concrete Driveway Unanticipated Remove and Replace Concrete Curb and Gutter Exploratory Excavation Trench Exploratory Excavation Spot Adjust Valve Remove 8" AC Waterline 1 [Grout Fill Abandoned 20" Waterline Water Utility Allowance LL W W -J'� T .11 - U. -1W Q Q Q'Q W11)W U. 4 Qq 11.1 W¢ WJW (L Q Q WW Q Q< Q Q Lu WWU)J LL (L Q W Q W u_ U) lL U) (L u. _.l JLL)LLI_.I Q, Q LL U.. -I u) _I , 1M0 1n tri (!) N O O_ () Q gg V a0 )- (+ 40 a ^ kr, 't ¢r O (+ UT r0 N V r O o r V rN 1.0 M N r h(OO to (D an (Cf • R r N O O N O O V O O O O r N 0 W Na)N 1Q Ili (D r r /WA- W in N 0 (D R N N C) 0 a NM 00❑ V 117 (OnaDO O.00]OC]OC]000aC]❑C]000❑00 Or NM V 11) fD (+PdTOr NNNN NM V N O N N ID h N NNNMMM ❑ OC Wa7O�N 0"8CIC] IEXHIBIT "C" Page 12 of 14 (n m LL O z O J a Page 13 of 14 co 1- co 0 K 0 0 LL ✓ z W w z 5 Z 11.1 LL O m 1- 0 z c L 2 C cia • W a c c O V N Ep p � C i m du 0 g ez d 2 00 ry go al ILI 1- 1- L Jimmy Closner & Sons Const 2809 W. Expressway La Feria, TX 78559 TOTAL PRICE .. - 0 0 Stp -- 0 0 U) 0 w V3 0 1-'1 r fD N '9 0 000 cP w IA 0 0 O t7 4) LQ th a0 694' IS 1,325.00 $ 2.280.00 0 0 000 0 (.0 694) 0 0 0 0 0 t- n N::' 49 $ 700.00 I $ 1,425.00 !► p� 03 Rr -4 f -. -.`� -- , -- -- - - - 0) v 00 7 (O I, H 0 O 0 .S (A 6969 0 O L) N cO N $ 1,575.001 0 0 0 0 NO w f. * - c0 It) !96969 0 O W t� 0 $ 32,500.001 0 0 00 0 Q 696 0 O 0 ro-) ." ....�.ip X7 ..N -.: UNIT PRICE (� 000I1C1SS r- 10 6909 41 O O I (R. Lo w 69 69 1 $ 880.00 $ 12.50 $ 8.00 $ 600.00 $ 4.50 $ 20.00 00'• 0 th r-. V) 69 J, s - - - -- 0008 N 6969694' 4) to 7 N M 49694969 000 0G t (O S O 00 in O - . -- Ramos Industries 3636 Pasadena Pasadena, TX 77508 UNIT TOTAL PRICE I PRICE ;: 0 U) t'? Q $ 786.00 1 0 0 0 0 0 0 N 000 (- 000 0..0-0..0_ w 49 49 49 0 0 w 69 $ 1,484.00 $ _ 3,135.00 $ 960.00 $ 1,800.00 $ 814.00 $ 900.00 $ 2,850.00 4 ;. � � 4 . r- , x - - - - - -moo - - 0 0 al 0O I000 f� 07 rO) 4) 49 0 N 49 $ 3,150.00 $ _ 26,364.00 I $ 3,042.00 0 0 *S000 (0 o9 (O4) 49 0 0 00 O N 49 0 0 O 00 0 69 0 0 (D In 1- V) -® - M� 1_00'og $ 0 0 N v! 0 0 0 0 0 0 Ni 00 00 O. 0 v 49 69 49 $ 1,000.001 $ 14.00 $ 11.00 $ 960.00 - $ 3.00 $ 22.00 0 0 0 0 0 (O 4I 49 u) a , :, a t := ? - z: rF: ..y -- -- - - — - - -- - - - $ 7,052.76 5 0.20 $ 2,200.00 / $ 180.00 0 0 00 NC)N 63 00000000 00000000E; OOOONg00 �(ff1)aa00 0161rl (1) 69 0 0 69 w 49 0 0 0 0 (O M 49 69 u)CO N (0N 69 19 0 0 N 64 1 7 ) 69 0 0 000 00(0 O (0 49 O0N N 6960 0 0 OC'9 g 49 Of- () () h 0 0 63 rl 59 ., fi WWW r ; Bay, Ltd. 1414 Corn Products Cor .us Christi TX 78469 UNIT I TOTAL — PRICE PRICE yy ..N9 p 00 4CV N P'" IA w 69 C O O 000 ui 00 Si 6)N OD w N 6969 69 $ 1,200.00 $ 1,802.00 $ 2,280.00 $ 800.00 5 2,400.00 $ 740.00 9(£69 00'00L S :1(1.z t- ,; M' t` ( 3 s €` j _d. .. Y ;^ ., 00000000 00000000 4 69696969 ni In 0 S NCD(4 N 69 S 49 r m H369 $ 800.00 $ 4.00 $ 20.00 041 0 N 6949 - a • - - - - - - - - - - - 00000000 00000 IA 6963696969696969 O N 0 to O 0 N0_ 00 0 vl an N O0 r,( OLDRIDGE ROAD RECONSTRUCTION APLES STREET TO AIRLINE ROAD BOND 2004 PROJECT NO. 6267 DESCRIPTION a tamLLQLL 91 1 EA (Mexican Petunia (1 Gallon) 393 1 SF (Bed Preparation 393 SF _Gravel & Fabric Top Dressing (4 ") 1 LS Landscaping Removal 1 LS Edging (1 "x4 ") 1 1 EA (Irrigation Meter (5 /8 ") & Permit 106 LF 1Replace Existing Mainline (1 -1I4 ") 285 LF Supply Line (3/4") 1 ( EA (Pressure Vacuum Breaker LF Subsurface Drip LF _PVC Sleeve (Schedule 40)(2 ") CY Top Soil SF • St Augustine Sod { (x� . si r -r 1 L 1 ' � " MO 'Barricades. Signs, and -fraffic Handling • ITemporary_Driveways Cellulose Fiber Mulch Seeding (Permanent)(Urban)(Clay) Vegetative Watering IRock Filter Dams Installed (Type 3) 'Rock Fitter Dams Removed 1 Construction Exits Installed (Type 1) Construction Exits Removed (Temporary Sediment - Control Fence >, c N O [Mobilization (Base Bid) 'Portable Changeable Message Sign � ins A. . 0LL ).u_ 2LL (9JJV}> LL >- >- -JWJ •hs, •.... 0004 . - - N7 co 00 0000 in ((pp H avh it• a. W e4 W Ni A LU WW D W co W OO' - ill W W N O W W 64 W W N0 WU.LLU N mOOrN - LL(LLLLL 0 O O O 4) 0 0 N N 0 0 0 O r 1- 49 4'3 O O 44 0 O O 49 49 O 44 O 05 63 49 a 8 IA 0 W 0 CO 69 O O 1 f9 49 d) 49 69 49 W LL J N O 4, a 0 cn J (0 N n -2-7 states, "The unit price shall govern over the :0 ected here are the Li ow bid. The totals r ca 0 •0 c 0 cC dl (4 C 0 4) 4, 0 0 c 4) N 0 .0 0 u N W c (a 4) 3 t E F-. E M EXHIBIT "C" Page 13 of 14 EXHIBIT Page 14 of 14 TOTAL PRICE DESCRIPTION UNIT l TOTAL UNIT TOTAL UNIT PRICE I PRICE I PRICE PRICE PRICE \ 3 BOND 2004 1414 Corn Products Corpus Christi, TX 7846! , $ )1 THRU D32): $ 1134,268 2ART E +PART F}: S 8,298,787 EMENTS (ITEMS AAt- $ 82,472 / /. a \. ■ r EXHIBIT Page 14 of 14 File : \Mproject \councilexh \6266 &6267.dwg WOOLDRIDGE ROAD RECONSTRUCTION PH 1 FROM STAPLES ST TO AIRLINE ROAD CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 oft DATE: 04 -30 -2008 it s o IM' NM 23 AGENDA MEMORANDUM City Council Action Date: May 13, 2008 SUBJECT: Ocean Drive Seal Coating — Elizabeth Street to Ennis Joslin Road 2008 (Project No. 6442) AGENDA ITEM: Motion authorizing the City Manager or his designee to execute a construction contract with Clark Construction of Texas, Ltd., of San Antonio, Texas, in the amount of $1,577,819.34 for the Ocean Drive Seal Coating — Elizabeth Street to Ennis Joslin Road 2008 for the Base Bid and Additive Alternates 1, 2 and 3. ISSUE: This project will provide for a single- course surface treatment (seal coat) of four sections of City streets below. This is a preventative maintenance application of thin asphalt emulsion surface treatment covered with aggregate, used to waterproof and seal the existing road surface and to increase skid resistance. • Base Bid: Ocean Drive from Elizabeth Street to Ennis Joslin — Receives a seal coat with utility manhole and valve box adjustments, new striping, and associated traffic controls; • Additive Alternate No. 1: Greenwood Drive from SPID to Saratoga Boulevard — Receives a seal coat only with new striping and associated traffic controls; • Additive Alternate No. 2: Holly Road Phase 1 from Ayers Street to Everhart Road — Receives a seal coat only with new striping and associated traffic controls; and • Additive Alternate No. 3: Holly Road Phase 2 from Everhart Road to Rodd Field Road — Receives a seal coat only with new striping and associated traffic controls. This work is being coordinated with a variety of entities, such as the local bicycling association, and City events. The project has bid and is ready for award by the City Council. City staff is also recommending awarding the additive bid alternates. FUNDING: Funding for this project will come from the Street Department Operating Budget FY 2008. RECOMMENDATION: Staff recommends approval of the motion as presented. Andres Leal, Jr. Interim Director of Str t Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H:HOMElRachellelGEMSVeefa4442 -0cean Dr Seal CoallAgenda Memo.dac 7.1/r c9.0 ( Kevin Stowers Interim Director of Engineering Services AGENDA BACKGROUND INFORMATION SUBJECT: Ocean Drive Seal Coating — Elizabeth Street to Ennis Joslin Road 2008 (Project No. 6442) PROJECT DESCRIPTION: This project consists of a base bid and three additive alternates as follows: ➢ Base Bid: Consists of approximately 235,429 square yards of single - course pavement surface treatment (seal coat) for Ocean Drive from Elizabeth Street to Ennis Joslin Road with approximately 5,000 linear feet of crack sealing, miscellaneous spot patching /repairs, 66 sanitary sewer and 83 storm sewer manhole adjustments, 165 water and gas valve box adjustments, pavement striping and all associated traffic control measures. > Additive Alternate No. 1: Greenwood Drive from SPID to Saratoga Boulevard - seal coat only and new pavement striping and all associated traffic control measures. ➢ Additive Alternate No. 2,: Holly Road Phase 1 from Ayers Street to Everhart Road - seal coat only and new pavement striping and all associated traffic control measures. ➢ Additive Alternate No. 3: Holly Road Phase 2 from Everhart Road to Rodd Field Road - seal coat only and new pavement striping and all associated traffic control measures. The City purchased the rock that will be used in the seal coat project for Ocean Drive, which is a coarse FS trap rock (Grade 6) on the entire width of the street. In addition, a bike path will be designated through striping and pavement markings. Greenwood Drive will be seal coated with a pre -coat rock (Grade 3) on the entire width of the street. Holly Road (Phases 1 and 2) will be seal coated with a pre -coat rock (Grade 3) for 55 feet of the travel lanes only. There currently is not a bike path on Holly Road; however, in accordance with the Urban Transportation Plan, a 3 -foot bike path on both eastbound and westbound directions of Holly Road will be created through striping and pavement markings. The bike path will not be seal coated but will be treated with a rejuvenator to extend the life of the asphalt and maintain a smooth ride quality. BID INFORMATION: The City received proposals from four bidders on April 16, 2008 (see Exhibit "B" Bid Tabulation). The bids for Total Base Bid only ranged from $965,665.40 to $1,813,493.42. The bids for Total Base Bid plus Additive Alternate Nos. 1, 2 and 3 ranged from $1,577,819.34 to $2,488,339.66. City staff recommends that the construction contract be awarded to Clark Construction of Texas, Ltd., of San Antonio, Texas, in the amount of $1,577,819.34 for the Total Base Bid plus Additive Alternate Nos. 1, 2 and 3. CONTRACT TERMS: The construction duration is a total of 120 calendar days including the additive alternates. Completion is anticipated in October 2008. H :IHOMESRachellelGEN\Streets16442 -Ocean Dr Seal Ceal4Agenda Background doc PROJECT BACKGROUND: This seal coat project will supplement the City's Street Services Department's efforts to maintain streets. The City Street Department is providing the primary crack sealing and "level up" as part of the maintenance on these streets. The crack sealing applies an asphalt sealing product to the cracks in paved roads to prevent the moisture from penetrating into the base and sub -grade material and promote the life of the road. The level adds asphaltic level -up material to minor depressions and areas with surface roughness before resurfacing with a sealcoat or overlay. This preventative maintenance work is intended to extend the life of the pavement for five years or more. PRIOR COUNCIL ACTION: 1. July 24, 2007 — Ordinance adopting the City of Corpus Christi Budget for the ensuing fiscal year beginning August 1, 2007 to be filed with the County Clerk; appropriating monies as provided in the budget and providing for severance. (Ordinance No. 027352) H:WOME1RachelleYGEMStreale6442 -Ocean Dr Seal Coati. Agenda Bacicground.doc Dir. Engineerin Co W W 5a 70 f c - ...v11.,1..,.,ai:7 D1,31b Brannan Paving Co., Ltd. 111 Elk Drive Victoria, TX 77904 UNIT PRICF 1 MJfI IKIT C C C C r C j V 2 $180,700.00 $8 750 00 $348,434.92 $919 ion nn 1 0 0 1 0 0 1 to Y> 1 n • 09 V 4(00 f N try 149 6 d 0 00 r 6 O 0 0 6 M N 69 O 0 n n 0 0 0 d 01 N 6A 0 0 0 r r to 69 0 0 i(i N CO r r6 0 0 0 10 N N 63 0 0 0 0 (0 0�p F9 0 0 d 0 N 49 0 0 d 0 N 0 0 0 11) d h h N V N 6OM 49 0 N 0 t► d wi 1n 01 V V VI CO 69 � 00 0 1 0 • ' (b • M ID 0 h_ 0 0 69 `07000 Id 6 N M 69 6117 N N 07 6 6 6 0 d 6 611 0 69 N O 6 0 0 6 0 0 69 0 d f 9 0 0 04 H 0 O 0 6A 0 O 0 U9 O 6 0 H N cil 1f) NO 1) 6. 64 O lel 7 N J. Carroll Weaver, Inc. P.O. Box 1361 Sinton, TX 78387 UNIT PRICE I AMOUNT O 0 dd6 000 O O O 0 0 O 10 0 $419,063.62 $93,720.00 $95,865.00 574.250.00 0 0 0i _N $14.820.00 0 0 0 M 10 $2,310.00 $5,475.00 0 0 ui 11) N 0 0 0 iT M 6 69 0 0 0 60 N 0 0 0 N (0 0 0 d fV f0 $135.001 $50,000.00 81,044,362.62 000010 0 . 0 00169 O O 4 0 0) . M 6 69 N $1.78 $1,420,00 $1,155.00 $450.00 0 CO O 49 O 0) O fA 0 M O 69 0 10 O 6 10 h 6 49 0 h 1n 69 0 0 0) M r 69 0 0 d r r 69 0 0 0 r r 41) 0 10 0 N 6 m r6 r 19 0 eA '3 O O 0 O O 669 Bay Ltd. P.O. Box 9908 Corpus Christi, TX 78469 UNIT PRICE 1 AMOUNT $50,000.00, $17,500.00 I. $263,680.48 $99,000.00 $112,050.00 I_ $115,500.00 0 10 O rt 0 0 O CO aa- V9 0 0 O '3 $2.695.001 0 0 O M 6699 0 0 O 0) N 69 0 0 O (0 0 0 �6 04 59 0 0 O ca. �7. H 0 0 0 0 0 [O (�0}} u) (9 0 0 tri CO 010 001 ci } 0 O t60 r fT 6 W 4 0100010010 00(0000 O M 0 49490011+) O 10 49 O O r r6 669 N M d d 0 69 O C) O 6 O 01 0 6 $0.701 O 0 ui 6 O 0 (D 69 O 0 0 M 6 $110.00 O 0 d r 6 0 0 0M d c. r 6 6 O 100 ° 00 h 0 Clark Construction of Texas, Ltd. 5140 Gibbs Sprawl Road San Antonio, TX 78219 UNIT PRICE 1 AMOUNT $86,190.00 $150,000.00 $3,750.00 $376,686.40 $99,000.00 $116,200.00 0 00 1/i d h M CO 7 (O O 6A 00 0 h N 4 0 0 n1 r'9 (p M 1100 ni V 0 00 0) 0) 1 $13,545.001 0 0 d CO 1• 69 0 0 m 1 M 0 d (0 0) 69 0 0 d d CO O1 CO 0) 669 1 f: d 16i 141 010 141 (0 6699 iIO 93 0 010 00n d ui d 0) n 69 r6 m CO 49 $1.60 $1,500.00 81.400.00, 0 0 0 ui n (9 6 n C] d 69 N '0 0 69 $1.051 10 (0 69 0 t1) (o 69 0 O d co 6 0 O d M 6 0 0 d 60 19 010 O N d 1n CO 6 39 1) 0 N 0 14) d 69 0 1 6 OCEAN DRIVE SEAL COATING ELIZABETH STREET TO ENNIS JOSLIN ROAD 2008 (PROJECT NO. 6442) ITEM (DESCRIPTION 1 QTY. 1 UNIT f. Jto- J to- 1li6 LL U L1_ LL U U W 4y]Lll n Sv N t0 0 u;mm N 0 wc/ v r 6 R- M r N m m v v0(Q6 m n r1r BASE BID Contractor Mobilization Misc. spot patch repairs Misc, crack sealing Single- course surface treatment Adjustment of sanitary sewer manholes Adjustment of storm sewer manholes Adjustment of Water and Gas valve boxes Reflective Pavement markings, 4" solid, 90 mil (Yellow) Reflective Pavement markings, 4" Solid, 90 mil (White) Reflective Pavement markings, 4" broken, 90 mil (White) Reflective Pavement markings, 8" solid, 90 mil (White) Reflective Pavement markings, 12' solid, 90 mil (White) Reflective Pavement markings, 24' solid, 90 mil (White) Reflective Pavement markings, word, 90 mil (White) Reflective Pavement markings, arrow, 90 mil (White) Reflective Pavement markings, diamond, 90 mil (White) Reflective Pavement markings, bike, 90 mil (White) Reflective Pavement markings, (type Reflective Pavement Markings, (Type II-Blue- Blue) Traffic Control Plan TOTAL BASE BID ITEMS 1 -20 r NM V4)On CO 0) r0 r I- r r 3) (0 r(0 r)N IEXHIBIT L1B" Page 2 of 3 7 O O N 3 C9 O O V E9 O' 0 COD t9 O 0 CO CO 17 63 0 0 0 N 69 C C n $1,225.00 41 d7fl nn s' 0 ) 0 - OD 69 3 0 0 el COY CO C It ie 69 61 Y ) 0 r T M f 0) 1 n • 69 1 0 10 1n n 19 0 CO n r N E9 0 10 N Q N 69 0 0 0 0 0 C9 ID CO d O 69 r 63 0 O Y) n Oi 69 0 0 O O 11 0 W M N V Q 69 113 $260,244.841 1 0 1 0 1 6 ) V3 1n C') 0 M 0 CO O 69 0 O 64 0 0 00 69 0 O O 10 19 0 O 0 0 U) n n 69 f9 58.00 $5,865.00 , , N O , 19 N 0 69 N 0 69 ID C1 69 0 U vi 4; e9 15 5125.00 $100.00 $3.25 54.25 ss am nn 0 CI 69 O Q M $690,00 53,697.50 32.125.00 r 0 I IC) 0 0 N V) 69 69 0 011n) 191O0O 69 r N - 0 V0) CO 1N') FA r Era 53, 900.00 $4,730.00 $1,358.00 5227.50 59.000.00 p0p V 1h 0 a CO 69 1O (9 O FA 0 1D 0 67 In CV V 49 0 In 00 69 0 0 O 1C) f9 0 0 0 Iri 10 n 6.- 49 479. 0 0 N 0 1Q 0 b3 0 1n of 69 0 C7 O 69 0 P) O 69 0 C+) C M 0 CO o 69 0 10 In in m to 69 69 3130.00 $110.00 53.50 $4.55 59,000.00 I10). n 0) C.I. r c9 00 6 V CO 19 $805.00 53,915.00 32,125.00 0 o in CO 0 a O In (n n C9 1) 63 69 $85.00 316,000.00 3180,984.00 0 01 CO 69 0 N r CO 69 $2,328.00 0o) Cr N CD U9 56,400.00 511,820.00 53,900.00 34,730.00 51,358.00 5225.00 $17,000.00 O ai 10 Ch 4r- 19 69 0 N CO 69 0 "Y O 69 0 n O 69 0 (n 69 0 N m 63 0 0 0 n 69 0 0 0 1n 0 n 0) 63 19 0 0 u) 0 6 6 19 0 CO � 0 M O C9 O CO G 69 0 C•) 0 C9 $0.55 0 0 O 0 V 0 /9 69 3130.00 $110.00 33.50 54.50' $17,000.00 E AMOUNT $109,445.00 51,398.80 51,354.50 $2,132.00 0 1!) fv 0 N 69 0 0 a D 1O i9 O O 0 O 69 O O 4 1C O C9 51,470.00 $1,102.50 $52.50 51,000.00 3125,966.60 $191,234.75 O (0 CC n CO 0 19 O 1%) � 1 N 69 0 N ' 03 49 O in m v N 69 O O 0 O 0 r v 0 V 69 N 69 O 0 0 0 0 0 O 10 0 0 0 q O 6 6 In Ch N 0 C1) 0 CO N O V) 699 63 f9 st 0 ICI�O V N 69 0) 69 $0.52 O f9 N '9 0 N 69 O N69 69 N $5.25 51,000.00 M 609 O in V9 0 O N N o CO CO V) 330 b9 r 69 J J J J . 6 u 6 J J J -J 1111 �.J U) N r0 ,a (4) r 0 CO 10f) N N 0 N 0 19 Q O CO- W O n CO 0 r M 407 [TOTAL ADDITIVE ALTERNATE 2 (ITEMS AA2 -1 THRU AI Reflective Pavement markings, 24' solid, 90 mil (Yellow) Reflective Pavement markings, 4" broken, 90 mil (White) Reflective Pavement markings, 8' solid, 90 mil (White) Reflective Pavement markings, 12' solid, 90 mil (White) Reflective Pavement markings, 24' solid, 90 mil (W hite eri eve Pavement markings, word, 90 mil (White) Reflective Pavement markings, arrow 90 mil (White) Reflective Pavement markings, (type It -A -A) Reflective Pavement Markings, (Type II-Blue- Blue) Traffic Control Plan TOTAL ADDETIVE ALTERNATE 1 (ITEMS AA1= 1Retlecflve Pavement markings, 4' solid, 90 mil I (Yellow) Reflective Pavement markings, 4' broken, 90 mil (Yellow) Reflective Pavement markings, 4' broken, 90 mil (White) Reflective Pavement markings, 8" solid, 90 mil (White) Reflective Pavement markings, 12" solid, 90 mil (White) Reflective Pavement markings, 24' solid, 90 mil (White) Reflective Pavement markings, word, 90 mil (White) Reflective Pavement markings, arrow 90 mil (White) Reflective Pavement markings, Stype 11 -A -A) Reflective Pavement Markings, (Type II-Blue- Blue) Traffic Control Plan ' I In ID h CO Q 0) Q 0 •- N Q (1 m egryr I[) T 1"- 10 0) r IEXHIBIT L1B" Page 2 of 3 UNIT UNIT PRICE . - N ® UNIT PRICE _ AMOUNT UNIT PRICE AMOUNT UNIT PRICE mu111 �uT 0' CO 6 T L. ) I' 1 69 0 0 0 n (WD I,. 69 0 0 N .-- 69 0 0 (6 co 01' 0 V (t9 Csi 0 0' O O (0 0 O Y! CO - 0 0 N M CO 49 0 O G 105 0 69 0 0 N l(7 N N N N T 69 69 $6,900.00 $259,539.00 0 1 W T 69 N N O 61 W N O 69 m N 0 19 0 (D O 69 0 0 (7 fA 0 Y] 10 69 0 0 N N f9 0 O 0 0 V1 10 N N N 07 a 49 69 O 0 C 0 0) 7 n (V N1 CO 01 (9 0 0 (O CO 69 0 0 h r 0 $2,235.00, $2.501.40 0 0 0 E9 0 L0 (p r 10 0 0 p) 69 0 0 CO of 69 $225.00 $8,000.00 $331,981.14 CO v) 49 0 10 (0 0 C7 ON 0 0) 0V1 0 (o 00 0 u) MN $5.75 0 0 m u1 0 0 0 u) 0r � u1 0 47 49 0 0 0 0 10 0 0- 0 W [f1 N 49 0 0 0 CO co 89 00 0 n M p 0 6 N N fA co of (+ N 69 0 0 N 6() 69 $12,180.001 0 0 T 0 C') 69 0 0 ID CO 10 69 $225.001 $21,000.00 5321,162.40 (0+) 0 0 00') 609 0 (01 (0 6 00'6$ O O 0) 69 O 0 (do r� fA (t 10 b9 O O N (9 N In w oi 0) 0 O 6 co 0 63 to 69 (Dp cd n 0. 9- 0) I $4,536.00 O o) n N f9 $4,455.00 $5,775.00 $1,566.60 $210.00 $1,000.00 $242,385.80 to n 69 0— M O 49 n (0 O 69 n (+1 O f9 6) O 69 $3.15 O 10 to 69 0 O N (p fA $165.00 $4.20 0 N C 69 0 0 o 0 0 f9 0 CO 0 J .J r.1 i L W I ITEM !DESCRIPTION 1 QTY. O N co pp a (D M 0 n N to 0 0 O (li ADDITIVE ALTERNATE 3 - HOLLY ROAD PHA Single- course surface treatment Reflective Pavement markings, 4" solid, 90 mil (Yellow) Reflective Pavement markings, 4` broken, 90 mil (Yellow) Reflective Pavement markings, 4" broken, 90 mil (White) Reflective Pavement markings, 8" solid, 90 mil (White) Reflective Pavement markings, 12' solid. 90 mil (White) Reflective Pavement markings, 24' solid, 90 mil (White) Reflective Pavement markings, word, 90 mil (White) Reflective Pavement markings, arrow 90 mil (White) Reflective Pavement markings, (type II -A -A) Reflective Pavement Markings, (Type II -Blue- Blue) Traffic Control Plan TOTAL ADDITIVE ALTERNATE 3 (ITEMS AA3- ('1 (9 Q9- N n CD 9) tq ∎� r N BID SUMMAR M H N N1 w 0) 4 01 ID 4, 5 ((0 H1 W 1- 0 0 w 0 N w O W 0 O O CO W W N 0 W a N 0 w CO O) N 0 M w CO (0 7 w N 0 z W a p re 4 w a p 0 0 O at M 69 (0 W N ✓ M RNATIVE NO a w (D 0) N O z 1 a 0 tril O az t w ▪ 2 00 Z 0 a M IL ▪ 0 J z aJ_ Ce 01 Q t rjj mt 0 < OCEAN DRIVE SEAL COATING ELIZABETH STREET TO ENNIS JOSLIN ROAD 2008 PROJECT BUDGET May 13, 2008 FUNDS AVAILABLE: ESTIMATED BUDGET Street Fund $1,528,429.83 Storm Water Fund 149,115.11 Wastewater Fund 111,836.33 Water Fund 74,557.55 Finance Reimbursements 15,778.19 Total $ 1, 863, 938.82 FUNDS REQUIRED: Construction Cost (Clark Construction of Texas, Ltd.) $ 1,577,819.34 Construction Contingencies 157,781.93 Construction Inspection 63,112.77 Engineering Reimbursements 47,334.58 Finance Reimbursements 15,778.19 Incidental Expenses (Printing, Advertising, etc.) 2,112.00 Total $ 1,863,938.82 EXHIBIT "C" Page 1 of 1 File : \Mproject\councilexh\6442.dwg BEGIN PROJECT OCEAN DR O ELIZABETH N END PROJECT OCEAN DR 0 ENNIS JOSLIN RD F.M. 43 ADDITIVE ALT. NO. 1 GREENWOOD DR BETWEEN SPID & SARATOGA co 00 cNi PROJECT # 6442 FM 2444 ADDITIVE ALT. NO. 3 OLiY RD. PHASE -2 SEAL COA HART RD. TO RODD FIELD LOCATION MAP NOT TO SCALE EXHIBIT "D" OCEAN DRIVE SEAL COATING - ELIZABETH STREET TO ENNIS JOSLIN ROAD 2008 AND ADDITIVE ALTERNATES NO. 1, 2 & 3 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of l DATE: 04 -23 -2008 ■ 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: May 13, 2008 AGENDA ITEM: Resolution authorizing the City Manager or designee to execute an Interlocal Cooperation Agreement with Nueces County to receive services related to the installation and permitting of On- Site Sewage Facilities within the City. ISSUE: A recent audit by the Texas Commission on Environmental Quality determined that the City and County need to enter into an Interlocal Cooperation Agreement in order for the Public Health District to issue permits for On -Site Sewage Facilities. REQUIRED COUNCIL ACTION: An Interlocal Cooperation Agreement is required. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends that the City enter into an Interlocal Cooperation Agreement with the County of Nueces for the Public Health District to issue permits for On -Site Sewage Facilities. C . /261-wv Margie C. Rose Assistant City Manager Attachments Interlocal Cooperation Agreement BACKGROUND INFORMATION A recent audit by the Texas Commission on Environmental Quality determined that the City and County should have an interlocal cooperation agreement for the installation and inspection of on -site sewage facilities, also called "septic systems," within the City limits. During the past 20 years, the City issued permits for inspection services for septic systems inside the City limits. However, during the most recent audit, the State indicated that Nueces County is the Authorized Agent. The County has general authority over the location, design, construction, installation and proper functioning of sewer systems. Nueces County has the authority to designate a representative to act on their behalf to issue permits for septic systems. This interlocaI cooperation agreement will allow Nueces County to designate the Director of the City-County Health District and the City and County employees within the District as its Designated Representatives to issue septic system permits within the City. This agreement will also allow the Health District to issue permits, in unincorporated areas of the County and within cities and towns within the County that have interlocal cooperation agreements with the County. The fees will be established by the County and payable to Nueces County, Texas, through its Designated Representative. The County will give the City ninety (90) days advance notice of any change in fees. INTERLOCAL COOPERATION AGREEMENT THE STATE OF TEXAS COUNTY OF NUECES This agreement made and entered into on the date(s) attested to below, by and between the City of Corpus Christi, a Home Rule Municipal Corporation of the State of Texas (herein called "City ") and the County of Nueces, a political subdivision of the State of Texas (herein called "County ") each acting herein by an through its duly authorized officials; WITNESSETH: WHEREAS, Section 121.003(b), Texas Health & Safety Code, authorizes Interlocal Cooperation Agreement in accordance with Texas Government Code Chapter 791 (and its predecessor, Article 4413 (32c) V.T.C.S.) between Cities and Counties to provide health related services; and WHEREAS, in 1984, the City and County entered into a Cooperative Agreement to Operate a Public Health District covering the areas within the corporate limits of the City and the County; and WHEREAS, County is an Authorized Agent of the Texas Commission on Environmental Quality for On -Site Sewage Facility (herein called "OSSF ") purposes, as defined and designated by Texas Health & Safety Code § §366.002 and 366.031; and WHEREAS, as an Authorized Agent, County has the general authority over the location, design, construction, installation, and proper functioning of OSSFs and is charged with administering Texas Health & Safety Code Chapter 366 and any rules adopted under that chapter; and WHEREAS, County has previously designated the Director of the City of Corpus Christi - Nueces County, Texas Public Health District (herein called "Health District ") as its Designated Representative(s) for OSSF purposes; and WHEREAS, County is in the process of approving new OSSF rules designating the City and County employees ( "staff') assigned to the City of Corpus Christi - Nueces County, Texas Public Health District as its Designated Representative(s) for OSSF purposes; and WHEREAS the City desires to enter into an agreement to allow the County, through its Designated Representative, to provide the OSSF related services and to charge recipients for said services by establishing a permitting and fee system in accordance with state law and regulations; NOW THEREFORE, said parties covenant upon the terms and conditions as follows: 1. City agrees to authorize County to act as its authorized representative in all OSSF services and related activities; 2. County agrees to act as City's authorized representative in all OSSF services and related activities; 3. County agrees to charge recipients of the permits and services in an amount authorized by the Commissioner Court of the County and to be responsible for the collection of said charges and issuance of OSSF permits; 4. City and County agree that OSSF permit and inspection fees will be set by County, as required by 30 Texas Administrative Code §285.11, and will be payable to "Nueces County, Texas "; 5. Currently the fees are: On -Site Wastewater Treatment Research $ 10.00 Council (State Fee) Permit to Construct & License to Operate $150.00 (Residential) Permit to Construct & License to Operate $250.00 (Commercial) The fee amounts are subject to change as agreed herein, except that the State fee, provided for in Texas Health and Safety Code Ch. 367, is set by TCEQ [30 T.A.C. §285.11(b)]; 6. City and County agree that any fee assessed by the state for each OSSF permit will be in addition to any fee set by County, and that the Health District Director will be responsible for remitting the state fee to the state in accordance with TCEQ instructions; 7. City and County agree that OSSF permit and inspection fees will be for the benefit of the Health District and its functions and services, as those functions and services are defined and provided in the 1984 Cooperative Agreement to Operate a Public Health District and any amendments, revisions or supplements thereto; 8. County agrees to give City ninety (90) days advance notice of any change in fees; 9. The parties agree that to the extent either party pays for the performance of governmental functions or services, those payments will be made from current revenues then available to the paying party; 10. This agreement shall renew annually. This agreement may be terminated by either party hereto by the giving of thirty (30) days written notice of cancellation; and 11. This Interlocal Cooperation Agreement will become effective May 14, 2008. EXECUTED in duplicate originals by the parties hereto on the dates shown below. CITY OF CORPUS CHRISTI: City Manager ATTEST: City Secretary Date NUECES COUNTY, TEXAS: County Judge ATTEST: County Clerk DATE A RESOLUTION AUTHORIZING THE CITY MANAGER OR DESIGNEE TO EXECUTE AN INTERLOCAL AGREEMENT WITH NUECES COUNTY TO RECEIVE SERVICES RELATED TO THE INSTALLATION AND PERMITTING OF ON -SITE SEWAGE FACILITIES WITHIN THE CITY. 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 execute an interiocal cooperation agreement with Nueces County ( "County "), pursuant to Chapter 791 of the Texas Government Code and Chapter 121 of the Texas Health and Safety Code, in order to receive services from the County related to the installation and permitting of on- site sewage facilities located within the territorial limits of the City of Corpus Christi. ATTEST: Armando Chapa City Secretary APPROVED AS TO FORM: May 5, 2008 Eliz. th R. Hundley Assi ant City Attorney for the City Attorney EHres213.doc CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel' Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon 25 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Crime Control and Prevention District Quarterly Project Update STAFF PRESENTER(S): Name Title/Position Department 1. Bryan P. Smith Chief of Police Police 2. OUTSIDE PRESENTER(S): Name Title /Position Organization 1. Scott Kucera Chairman Crime Control and Prevention District Board of Directors ISSUE: The Crime Control and Prevention District Board gives quarterly project updates to the City Council. BACKGROUND: The proposed FY 0809 budget and current projects will be reviewed. REQUIRED COUNCIL ACTION: None Bryan P. Smith Chief of Police corpus Christi Crime control Prevention District Quarterly Project Update PUS701Risit, 1852 Crime Control & Prevention District Quarterly Budget Update • 67% into 2007 -08 budget year • Expenditures — 59% of budget • Revenues are up 1% over projections • Fund balance remains healthy PUSIIIRistr 1852 Crime Control & Prevention District Quarterly Budget Update • Continued focus on Core Programs — 50 Police Officers — Juvenile Assessment Center — Pawn Shop Detail — Graffiti Eradication • Continued focus on long term fiscal responsibility and control PUS701Risit, 1852 Crime Control & Prevention District Quarterly Budget Update • 07/08 approved one time expenditures totaling $178,226 for: 119 tasers Drug Canine, training, and associated equipment PUS70111141, 1852 2008 -09 Budget Proposal • Total Expenditures $5,220,772 — Sworn Personnel costs - 4% increase —Group insurance - 10% increase —Self - insurance - 5% increase • Total Revenue $5,035,952 — 2% projected growth • All programs fully funded • Ending fund balance $2,259,589 1852 Crime Control & Prevention District 2008 -09 Budget Calendar April 16 — CCD public hearing & budget adoption June 10 - City Council public hearing June 17 — City Council approves or rejects CCD Budget corpus Christi Crime control Prevention District 2008 Project Report... PUSOIRisit, 1852 Graffiti Eradication • 1 Graffiti Coordinator and 1 Sr. Staff Asst hired March 2008 • Since April 2008 — 64 sites painted by 132 volunteers — 2,851 square footage — 81 Gallons of paint • Two detectives are assigned to investigate and file cases. From 7/17/07 — 5/4/08 Total arrests = 97 — 55 Juveniles — 42 Adults ,pUS.,..0111141..„ 1852 Pawn Shop Detail • 3 Data Entry Clerks, 1 Office Mgr • Since November, 2005... - $ value of property recovered = $641,929 — 235 criminal cases closed • Since Jan, 1999: - $ value of property recovered = $2,152,633 PUS701Risit, 1852 Campus Crime Stoppers • Currently in 40 schools — CCISD, Tuloso Midway, Calallen, West Oso, Flour Bluff, and Collegiate High School • Expansion in 2007 -08 School Year — Student Learning Guidance Center — Corpus Christi Academy PUS701Risit, 1852 Campus Crime Stoppers • 5/14/2007 to 4/30/2008 — Awards = $5,409 — Recovered drugs value = $4,195 — Arrests = 64 —Cases cleared = 94 - Weapons recovered = 7 PUS701Risit, 1852 Juvenile Assessment Center • School Year To Date Day = 106 Night = 87 Court referred = 341 Active Caseload = 186 Corpus Christi Crime Control Prevention District 26 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Update on Development Services Process improvements. STAFF PRESENTER(S): Name Title /Position Department 1. Bob Nix, AICP Assistant City Manager Development Services ISSUE: Status report of ongoing process improvements, accomplishments, implementation actions, and coordination of work efforts in relation to ongoing work programs. BACKGROUND: Staff has been actively pursuing various department improvements. Staff has identified items that will be changing in the near future about which the Council should be informed. REQUIRED COUNCIL ACTION: None ••-cve-4/1-7--r Bob Nix, AICP, Assistant City Manager Development Services Exhibits XX Development Services Improvements OUR FIRST MAJOR ISSUE HAS BEEN GAINING A COMMON UNDERSTANDING WHO OUR CUSTOMERS ARE AND WHAT WE DO. OUR CUSTOMERS WERE DEFINED AS ONE GROUP OF CITIZENS - THOSE WHO COME TO THE OFFICE TO GET DEVELOPMENT APPROVALS AND PERMITS OUR MISSION WAS SIMPLY DEFINED IN TERMS OF SPEED AND EFFICIENCY 1 WHO ARE OUR CUSTOMERS? • 1. The General Public • 2. The City and Its Neighborhoods • 3. Developers • 4. Builders • 5. People Interested in the Health of the City and its Residents • 6. Those Who are Affected by What We Do, and Who have No Voice in Our Decisions WHAT DO WE DO? • We find Ways to Build a Safe, Healthy, and Sustainable City and to Advance its Quality of Life. 2 WE HAVE TO RE- DEDICATE THE ORGANIZATION AND ITS STAFF TO HIGH STANDARDS AND DEMAND HIGH QUALITY PERFORMANCE BY INSTILLING NEW ORGANIZATIONAL VALUES BASIC VALUES OF PROFESSIONAL PUBLIC SERVICE OUR NEW PRIMARY VALUES: WE SHOULD ALWAYS UPHOLD THE HIGHEST ETHICAL STANDARDS AND ACT IN ACCORDANCE. WITH THE LEGAL STANDARDS WE ARE TO UPHOLD WHEN WE DO THIS, WE SHOULD TREAT PEOPLE THE WAY WE WOULD WANT TO BE TREATED IF WE WERE PLACED IN THEIR SITUATION WE SHOULD STRIVE TO GIVE COMPLETE, ACCURATE AND TIMELY INFORMATION AND RESULTS THE FIRST TIME, EVERY TIME. 3 WHAT ARE THE BASIC FUNCTIONS OF THE DEVELOPMENT SERVICES DEPARTMENT? THE URBAN DESIGN HIERARCHY 1. Regional Design and Context: Federal, State, and Regional Agencies Policies, Regulations, and Investments; the Natural Environment and its Resources, Hazards, Constraints, and Opportunities 2. City Design: the Urban General Plan 3. The "Middle Bridge" to Urban Form: Major Capital Expenditures; Large Subdivisions, and Large Projects 4. District Design: Zoning; Urban Design Criteria; Smaller Subdivisions; Redevelopment and Special Districts; Sign Codes; Access Management 5. Site Design and Construction: Engineering Standards; Historical Redevelopment Standards; Urban Design Standards; Sign Codes; Parking Standards; Storm Water Standards; Driveway Standards 6. Building Design and Construction: Building Codes; Architectural Review 7. Design Maintenance: Enforcement of Codes and Adherence to Agreements 4 THE REST OF THIS PRESENTATION ADDRESSES ONLY THOSE ISSUES RELATED TO SITE AND BUILDING DESIGN AND CONSTRUCTION PERMITTING PROCESS STEPS • 1. Approach • 2. Intake • 3. Plan Review and Permitting • 4. Construction Inspection • 5. Project Close Out • 6. Project Maintenance 5 Documentation and Issuance of Permit Building' Zoning and Plat Plan Review Review YES Site Plan �YEs • ��s� , Review to Project Data Fite Certificate of Occupancy or Completion SOME MAJOR ISSUES • 1. Facilities. • 2. Funding • 3. Staffing • 4. Size of Staff • 5. Assignments to Staff • 6. Training • 7. Systems • 8. Standard Operating Procedures • 9. Public Information • 10. Communications • 11. Records 6 NO OLD 1NTAKEi PROCESS CApplicant �- Rpplica'tlon • Intake Clerk [Results] Ill[ Results �J� - - - /-+�11 Docu ment�a'"1�. Included? YES Documents YES Building Plan Review evlew Results on Shared Drive athor Reviewers NEW INTAKE PROCESS -- .(Applicant Tearn)-- _..__.. NO [Application Intake Clerk I... {- A11 ocuma7its_� `��iLicluded YES Create File and input Fees Addressing Package Addressing Review Results Shared Drive —Slt� Plan Building Plan Review Zoning Review 7 0.1_0 OAC 4J M ENT MR NRGEM EHT SYSTEM r I rrtsics Pi so. Iry s arid Other Papers IFtoI1sci "T"a let1-1sr ___V —_4_ T~ 1=• 11Ft ri 12■�■I■w oordinator's OfFica Marrs ar-IB 4thar Pa pars R O11a ci 'To9sthar____ ri ca. r.as IF2ev1 ewers' Offic •s=s at 4:=1 blas 1 a_r1I •ccsss Piart Stora9s Room Ravin ' 1- LasIL' its 4r� !?Isms. 4r1 Notss, ir-r S takes Fi1as, Iii Vartic,us Loc tIoris NEW DOCUMENTS MANAGEMENT ._ -.,._ SYSTEM „make `Creation of File 'Collection of Plan • Review Fee. Data Input,.Asslgn • Application Number `'- R"o1Tec_ T "qr' "Fo1Se3Pr ris and Application File Folder Zoning Plan Review [Zoning Review Results Review Results on Shared Data Drive/ Review Results 8 NEW PLAN REVIEW SOFTWARE NEXT FISCAL YEAR • http: / /www.Projectdox.com ePlan Review Best Practices ProjectDox is not an electronic permitting system, but a electronic plan submission and review solution that supports e- permitting software solutions from mutliple vendors including HTE. Based on American institute of Architects (AIA) and the FIATECH Alliance for Building Regulatory Reform in the Digital Age, an electronic plan review solution should include the following: A centralized web /file /database server and storage configuration that provides single access point and potential fail -over access point capabilities to all authorized internal and external personnel, 24/7 Parallel plan review capabilities that expedite electronic files distribution and review by all concerned departments - in the same timeframe Electronic forms that are automatically generated and populated when appropriate data is entered into the permitting and plan check database Highly structured, customizable electronic workflows that control the transfer of information and tasks to appropriate individuals in all designated departments, and also to (citizen) architects and engineers when required Automated email notifications that provide real -time status and alerts to all project stakeholders and review departments Advanced visualization tools that include overlay comparison features for versioned and resubmitted drawings 9 ---.Prajott: • preriirdit 56froarel. Penra 4. I Oroart,143 10 DEVELOPMENT SERVICES DEPARTMENT YEAR 2007 BUILDING INSPECTIONS TYPE DESCRIPTION Total per Day per Inspector Position Total per Day for Three Inspectors Total per Day for Two Inspectors Total Inspections 2007 Subtotal Building Inspections 13.4 17.9 26.8 11,541 Subtotal Electrical Inspections 18.1 24.1 36.1 15,524 Subtotal Plumbing/Mech. Inspections 27.6 36.8 55.3 23,759 All Other Inspections 5,176 TOTAL 56,000 10