Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Agenda Packet City Council - 12/09/2008
CITY COUNCIL AGENDA DECEMBER 9, 2008 'US C kX4 ►s. Est ►W; �m 494111111Z RPORA 1852 AGENDA CITY OF CORPUS CHRISTI REGULAR COUNCIL MEETING CITY HALL - COUNCIL CHAMBERS 1201 LEOPARD ST. CORPUS CHRISTI, TEXAS 78401 DECEMBER 9, 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- espafol 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 Assistant Pastor Doug Hoffman, Calvary Chapel of the Coastlands. 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 Michael McCutchon Council Members: Melody Cooper City Manager Angel R. Escobar Larry Elizondo, Sr. City Attorney Mary Kay Fischer Mike Hummel! City Secretary Armando Chapa Bill Kelly Priscilla Leal John Marez - Nelda Martinez • E. MINUTES: 1. Approval of Regular Meetings of November 11, 2008 and November 18, 2008 and Special Meeting of November 13, 2008. (Attachment # 1) Agenda Regular Council Meeting December 9, 2008 Page 2 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) F. BOARDS & COMMITTEE APPOINTMENTS: (Attachment # 2) 2. * Arts and Cultural Commission * Board of Adjustment *, Building Code Board of Appeals * Corpus Christi Regional Economic Development Corporation * Ethics Commission * North Padre Island Development Corporation * Oil and Gas Advisory Committee • Port of Corpus Christi Authority of Nueces County, Texas G. EXPLANATION OF COUNCIL ACTION: For administrative convenience, certain of the agenda items are listed as motions, resolutions, orordinances. If deemed appropriate, the City Council will use a different method of adoption from the one listed; may finally pass an ordinance by adopting it as an emergency measure rather than a two reading ordinance; or may modify the action specified. A motion to reconsider may be made at this meeting of a vote at the last regular, or a subsequent special meeting; such agendas are incorporated herein for reconsideration and action on any reconsidered item. H. CITY MANAGER'S REPORT: (NONE) I. CONSENT AGENDA Notice to the Public The following items are ofa routine or administrative nature. The Council has been fumished with background and support material on each item, and /or it has been discussed at a previous meeting. All items will be acted upon by one vote without being discussed separately unless requested by a Council Member or a citizen, in which event the item or items will immediately be withdrawn for individual consideration in its normal sequence after the items not requiring separate discussion have been acted upon. The remaining items will be adopted by one vote. _ CONSENT MOTIONS, RESOLUTIONS, ORDINANCES AND ORDINANCES FROM PREVIOUS MEETINGS: (At this point the Council will vote on all motions, resolutions and ordinances not removed for individual consideration) Agenda Regular Council Meeting December 9, 2008 Page 3 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 3. Ordinance authorizing the City Manager or his designee to execute a one -year lease agreement, with option to extend for up to two additional one-year terms, with War -Cat Youth Football League, a non - profit organization, and Nueces County, for the use of Equistar Field located near the intersection of McKinzie Road and Haven Drive, for its youth football athletic program in consideration of maintaining the premises and improvements. (Attachment # 3) 4.a. Motion authorizing the City Manager or his designee to accept funding in the amount of $1,600 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. (Attachment # 4) 4.b. Ordinance appropriating $1,600 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police - Department in Fund No. 1020 Police General Fund. (Attachment # 4) 5.a. Motion approving the purchase of backup software and hardware from Sigma Solutions of San Antonio, Texas in the amount of $660,278 for a turnkey solution, including five -year support and maintenance services, for the following software and hardware: EMC Networker /EDL software; EMC Avamar de- duplication software and appliances; EMC Virtual Tape Library; upgrade to the StorageTek tape backup hardware; project management; and staff training. The purchase will be financed over a five -year period. The solution is the first phase in creating a disaster recovery system and increased data storage system. Sigma Solutions is a State of Texas Go Direct Vendor. (Attachment # 5) 5.b. Motion approving the purchase of continued annual maintenance from Sigma Solutions of San Antonio, Texas for the Networker /EDL software, Avamar software and appliances, Virtual Tape Library, and StorageTek hardware solution subject to annual appropriation of funds. (Attachment # 5) 6.a. Resolution authorizing the City Manager or designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries, in the amount of $5,000.00 for the purchase of computers for the Northwest Branch Library. (Attachment # 6) Agenda Regular Council Meeting December 9, 2008 Page 4 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 6.b. Ordinance appropriating a $5,000.00 gift from the Friends of Corpus Christi Public Libraries into the General Fund No. 1020, Organization No. 12830, Account No. 520100, for the purchase of computers for the Northwest Branch Library; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase revenues and appropriations by $5,000.00 each. (Attachment # 6) 7.a. Motion adopting the timetable for the FY2009 Consolidated Annual Action Plan that is the planning and application process for the Community Development- Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (Attachment # 7) 7.b. Motion reaffirming Community Development Block Grant (CDBG) and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. (Attachment # 7) 8. Ordinance appropriating $778,503 from the Federal Aviation Administration Grant No. 3- 48- 0051 -43 -2008 in the No. 3020 Airport Capital Improvement Fund for construction of a Maintenance Equipment Building, Phase II and to rehabilitate Taxiway M, Phase I at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $778,503. (Attachment # 8) 9. Resolution authorizing the City Manager or his designee to execute a multiple use agreement with the Texas Department of Transportation ( "State ") which allows for the City to install, operate, and maintain a storm water monitoring station in State right -of -way. (Attachment # 9) 10. Motion authorizing the City Manager, or his designee, to execute a construction contract with R.S. Black Civil Contractors Inc. of Corpus Christi, Texas, in the amount of $97,000 for the Whitecap Wastewater Treatment Plant South Clarifier Rehabilitation. (Attachment # 10) Agenda Regular Council Meeting December 9, 2008 Page 5 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 11. Motion authorizing the City Manager or his designee to execute a Traffic Signal Installation Contract with Star Operations, Inc. of Corpus Christi, Texas in the amount of $745,176.50 for the Traffic Signal Installations for: (BOND 2004) (Attachment # 11) • Part 1, Part A: Port Avenue & Ayers for the Total Base Bid; • Part 1, Part B: Gollihar & Airline for the Total Base Bid and Additive Alternate No. 1; • Part 2, Park Road 22 & Whitecap and SH361 & Commodores for the Total Base Bid. 12. Motion authorizing the City Manager or his designee to execute a construction contract with A &R Demolition of Del Valle, Texas in the amount of $140,250 for the O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) 2008. (Attachment # 12) 13. Motion authorizing the City Manager to amend the Contracts for Services in Lieu of Annexation between the City and Sam Kane; Sam Kane Beef Processors, Inc.; Mary Hutchins Triestman Limited Partnership and Sam Kane Beef Processors, Inc.; and Abhud, LLC and Sam Kane Beef Processors, Inc., which were authorized by the City Council on November 18, 2008, in relation to the disannexation of the property, by extending the terms of the contracts from five (5) to fifteen (15) years and clarifying terms for reannexing the properties and application of City ordinances to the properties. (Attachment # 13) 14. First Reading Ordinance - Appropriating $150,000 of anticipated revenue from rental income at Sunrise Beach on Lake Corpus Christi in the No. 4010 Water Fund for the operation and maintenance of the Water Department's facility at Sunrise Beach; amending the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase proposed expenditures and anticipated revenues by $150,000 each. (Attachment # 14) 15. Second Reading Ordinance - Abandoning and vacating a 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way; subject to owner's compliance with the specified conditions. (First Reading — 11 /1 R /nR1 / Attachment it 151 Agenda Regular Council Meeting December 9, 2008 Page 6 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 16. Second Reading Ordinance - Abandoning and vacating a 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way; subject to owner's compliance with the specified conditions. (First Reading — 11/18/08) (Attachment # 16) 17. Second Reading Ordinance - Authorizing the City Manager or his designee to execute a fourteen -year- six -month marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of fifteen (15) boat slips on Peoples Street T -Head, Number 70 eastward terminating at the west bulkhead, for operation of yachting center, sailing school, charter boats and related activities, including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual slip rate changes; providing for publication. (First Reading 10/28/08) (Attachment # 17) 18. Second Reading Ordinance - Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish a fee for estimating meter reads; providing an effective date of December 1, 2008; and providing for publication. (First Reading — 11/18/08) (Attachment # 18) 19. Second Reading Ordinance — Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf Beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a pedestrian safe area when the distance between the toe of the seawall to the water is less than 150 feet in width, and allowing two -way vehicular traffic on the Gulf Beach between the northern end of the seawall and Padre Bali Park; establishing a pedestrian safe area between the northern end of the concrete seawall and the Packery Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, dune protection and beach access regulations to show the approximate location of bollards to be installed on the beach; providing for publication; and providing a delayed effective date. (First Reading 11/18/08) (Attachment# 19) Agenda Regular Council Meeting December 9, 2008 Page 7 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) J. PUBLIC HEARINGS: DOWNTOWN TAX INCREMENT FINANCING DISTRICT ITIF): 20.a. Presentation on Downtown Vision Plan. (Attachment # 20) 20.b. Public hearing and First Reading Ordinance to consider designating a certain area within the jurisdiction of the City of Corpus Christi as a Tax Increment Financing (TIF) District to be known as "Reinvestment Zone Number Three, City of Corpus Christi,- Texas ", establishing a Board of Directors for the Reinvestment Zone, and other matters relating thereto. (Attachment # 20) STREET CLOSURES: 21.a. Public hearing and First Reading Ordinance to consider abandoning and vacating a 52,488.43- square foot portion of the Carmel Parkway public right -of -way, located between the South Staples Street and Gollihar Road street rights -of -way; subject to compliance with the specified conditions. (Attachment # 21) 21.b. Public hearing and First Reading Ordinance to consider abandoning and vacating a 5,040.17- square foot portion of dedicated public right -of -way, located just west of the South Staples Street public right -of -way, and north of the Carmel Parkway public right -of -way; subject to compliance with the specified conditions. (Attachment # 21) CAPITAL BUDGET: 22. Public hearing and First Reading Ordinance approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700. (Attachment # 22) ?OWNI Agenda Regular Council Meeting December 9, 2008 Page 8 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) K. REGULAR AGENDA CONSIDERATION OF MOTIONS, RESOLUTIONS, AND ORDINANCES: 23. First Reading Ordinance - Amending the Code of Ordinances, Chapter 23, Health and Sanitation, Section 23 -76, Smoking Prohibitions, to repeal the existing provisions of the section and enact new provisions regarding smoking; providing for penalties. (To be considered at approximately 3:00 p.m.) (Attachment # 23) 24. Resolution approving a Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Bayshore Technology Holdings, LLC, which authorizes grants up to $1,711,000 for the creation of full time jobs in Corpus Christi related to the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies; authorizing the City Manager, or designee, to execute a Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Bayshore Technology Holdings, LLC, Business Incentive Agreement. (Attachment # 24) 25. First Reading Ordinance - Granting to AEP Texas Central Company, Its Successors and Assigns, a non - exclusive franchise to construct, maintain and operate lines and appurtenances and appliances for conducting electricity in, over, under and through the streets, avenues, alleys and public rights- of-way of the City of Corpus Christi, Texas. (Attachment # 25) 26. First Reading Ordinance - Amending the Code of Ordinances, Chapter 6, Animal Care and Control, Section 6 -13, to establish a new provision regarding denial of registration; amending Section 6 -14 to establish a new provision regarding a reapplication period; amending Section 6 -76, revising provisions related to administrative hearings; providing for an effective date; providing for penalties. (Attachment # 26) Agenda Regular Council Meeting December 9, 2008 Page 9 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) L. PRESENTATIONS: Public comment will not be solicited on Presentation items. 27. Update on Northside Redevelopment Study Area Phase II — Summary of the Planning Phase and Redevelopment Concepts (Attachment # 27) 28. Presentation by the Gulf Coast Indian Confederation regarding the proposed commission of a Native - American bronze statue for Hans and Pat Suter Wildlife Refuge (Attachment # 28) 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 FORM AT THE REAR OF THE COUNCIL CHAMBER, GIVING YOUR NAME, ADDRESS AND TOPIC. (A recording is made of the meeting; therefore, please speak into the microphone located at the podium and state your name and address. If you have a petition or other information pertaining to your subject, please present it to the City Secretary.) PLEASE BE ADVISED THAT THE OPEN MEETINGS ACT PROHIBITS THE CITY COUNCIL FROM RESPONDING AND DISCUSSING YOUR COMMENTS AT LENGTH. THE LAW ONLY AUTHORIZES THEM TO DO THE FOLLOWING: 1. MAKE A STATEMENT OF FACTUAL INFORMATION. 2. RECITE AN EXISTING POLICY IN RESPONSE TO THE INQUIRY. 3. ADVISE THE CITIZEN THAT THIS SUBJECT WILL BE PLACED ON AN AGENDA AT A LATER DATE. PER CITY COUNCIL POLICY, NO COUNCIL MEMBER, STAFF PERSON, OR MEMBERS OF THE AUDIENCE SHALL BERATE, EMBARRASS, ACCUSE, OR SHOW ANY PERSONAL DISRESPECT FOR ANY MEMBER OF THE STAFF, COUNCIL MEMBERS, OR THE PUBLIC AT ANY COUNCIL MEETING. THIS POLICY IS NOT MEANT TO RESTRAIN A CITIZEN'S FIRST AMENDMENT RIGHTS. Agenda Regular Council Meeting December 9, 2008 Page 10 CITY COUNCIL PRIORITY ISSUES (Refer to legend at the end of the agenda summary) 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 Govemment Code, and that the City Council specifically expects to go into executive session on the following matters. In the event the Council elects to go into executive session regarding an agenda item, the section or sections of the Open Meetings Act authorizing the executive session will be publicly announced by the presiding office. 29. Executive session pursuant to Texas Government Code, Section 551.074 to deliberate the employment and duties of the City Manager with possible discussion and action related thereto in open session. 30. Executive session under Texas Government Code Section 551.087 to deliberate the offer of financial or other incentive to a business prospect to locate, stay, or expand in or near the City of Corpus Christi, with possible discussion and action in open session. go be considered at approximately 1:00 p.m.) 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 aV30 p.m., on December 3, 2008. Armando Chapa City Secretary NOTE: The City Council Agenda can be found on the City's Home Page at www.cctexas.com on the Thursday before regularly scheduled council meetings. If technical problems . occur, the agenda will be uploaded on the Internet by Friday before 5:00 p.m. Symbols used to highlight action items that implement City Council Goals 2007 -2009 Develop Street Plan Texas A &M University— Corpus Christi Expansion Neighborhood Improvement Program (NIP) and Model Block Expansion Development Process Improvement Bond 2008 Coliseum Plan Master Plan Updates Improve Code Enforcement Downtown Plan Charter Review 1 PRESENT Mayor Henry Garrett Mayor Pro Tem Priscilla Leal Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Bill Kelly Michael McCutchon John Marez Nelda Martinez *Arrived at 10:23 a.m. MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 11, 2008 - 10:00 a.m. City Staff: Interim City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. Council Member Leal requested a special prayer be given for the veterans. The invocation was delivered by Reverend Brian Y. McDonald with Glad Tidings Assembly of God Church and the Pledge of Allegiance to the United States flag was led by Council Member John Marez. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett called for approval of the minutes of the regular Council meetings of October 21, 2008 and October 28, 2008. A motion was made and passed to approve the minutes as presented. Mayor Garrett referred to Item 2 and the following board appointments were made: Citizens Advisory Health Board Mary Jane Garza (Reappointed) Suzzette Chopin (Reappointed) Araselia Barrera (Reappointed) C.C. Convention and Visitors Bureau Tom Schmid (Appointed) Committee for Persons with Disabilities Carlos Vargas (Appointed) Landmark Commission Anita Eisenhauer (Reappointed) Marie Guajardo (Reappointed) Leo Rios (Reappointed) Craig Thompson (Reappointed) Mary Lou Berven (Appointed) James E. Klein (Appointed) Mayor Garrett called for consideration of the consent agenda (Items 3 - 22). Mr. Mike Staff requested that Item 3 be pulled for individual consideration. Mr. Abel Alonzo requested that Items 13, 17 and 18 be pulled for individual consideration. Council members requested that Items 5, 14, 15, 16, 17, and 18 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: —1— Minutes — Regular Council Meeting November 11, 2008 — Page 2 4. MOTION NO. 2008 -279 Motion approving a supply agreement with Ergon Asphalt & Emulsions, Inc., of Austin, Texas for emulsion oil, in accordance with Bid Invitation No. BI- 0221 -08 based on only bid for an estimated six -month expenditure of $66,235. The term of the contract will be for six months with an option to extend for up to five additional six month periods subject to the approval of the supplier and the City Manager or his designee. This material is used by Street Services for maintenance of city streets. Funds have been budgeted by Street Services in FY 2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 6.a. MOTION NO. 2008 -281 Motion authorizing the City Manager or his designee to accept a grant in the amount of $100,964.38 from the State of Texas, Criminal Justice Division to continue the Violence Against Women Act (VAWA) grant within the Police Department for Year 9 with a city cash match of $38,952.37, in -kind match of $16,800 for a total project cost of $156,716.75 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 6.b. ORDINANCE NO. 027918 Ordinance appropriating $100,964.38 from the State of Texas, Criminal Justice Division in the No. 1061 Police Grants Fund for funding available under the Violence Against Women Act (VAWA) Fund, transferring $38,952.37 from the No. 1020 Cash contribution to grants and appropriating it in the No. 1061 Police Grants Fund as grant matching funds. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 7.a. MOTION NO. 2008 -282 Motion authorizing the City Manager or his designee to accept a grant in the amount of $484,856 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the COPS 2008 Child Sexual Predator Program, funds to be used to reduce child endangerment with a city in -kind contribution of $10,000 and to execute all related documents. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 7.b. ORDINANCE NO. 027919 Ordinance appropriating $484,856 from the U.S. Department of Justice, Office of Community Oriented Policing Services (COPS) for funding available under the COPS 2008 Child Sexual Predator Program, fund to be used to reduce child endangerment, in No. 1061 Police Grants Fund with a city in -kind contribution of $10,000. -2- Minutes — Regular Council Meeting November 11, 2008 — Page 3 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 8.a. MOTION NO. 2008 -283 Motion authorizing the City Manager or his designee to accept additional grant funding in the amount of $28,000 from the Executive Office of the President, Office of National Drug Control Policy, to support the Police Departments role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug Trafficking Area.) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooperwas absent. 8.b. ORDINANCE NO. 027920 Ordinance appropriating $28,000 in the No. 1061 Police Grants fund from the Executive Office of the President, Office of National Drug Control Policy to support the Police Department's role in the Texas Coastal Corridor Initiative in the Houston High Intensity Drug - Trafficking -Area. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooperwas absent. 9. RESOLUTION NO. 027921 Resolution authorizing the submission of a grant application in the amount of $16,300 to the Texas Department of Public Safety, Governor's .Division of Emergency Management Preparedness (HMEP) Grant Program for public awareness brochures, school book covers, coloring books, and to conduct an emergency response exercise with a hard match of $3,260; and authorizing the City Manager or his designee to apply for, accept, reject, alter, or terminate the grant. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. 10.a. RESOLUTION NO. 027922 Resolution authorizing the City Manager or his designee to accept a grant in the amount of $44,206 and to execute a contract and all related documents with the Texas State Library and Archives Commission for the Loan Star Libraries Grant to be used as follows: $41,206 for books for all libraries; $2,000 for archival supplies for La Retama Central Library; and $1,000 for furniture for the Anita & W. T. Neyland Public Library. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooperwas absent. -3- Minutes — Regular Council Meeting November 11, 2008 — Page 4 10.b. ORDINANCE NO. 027923 Ordinance appropriating a grant in the amount of $44,206 from the Texas State Library and Archives Commission into the Library Grants Fund No. 1068 to be used as follows: $41,206 for books for all libraries; $2,000 for archival supplies for La Retama Central Library; and $1,000 for furniture for the Anita & W. T. Neyland Public Library. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 11.a. RESOLUTION NO. 027924 Resolution authorizing the City Manager or his designee to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries, in the amount of $5,000 for the purchase of technology for the Dr. Clotilde P. Garcia Public Library. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooperwas absent. 11.b. ORDINANCE NO. 027925 Ordinance appropriating a $5,000 gift from the Friends of Corpus Christi Public Libraries into the General Fund No. 1020, Organization No. 12850, Account No. 520100, for the purchase of technology for the Dr. Clotilde P. Garcia Public Library; changing FY2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase revenues and appropriations by $5,000 each. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 12. ORDINANCE NO. 027926 Ordinance appropriating $4,816.28 into the Library CIP Fund No. 3210, Project No. 120095, for improvements to the Anita and W.T. Neyland Public Library from the following sources: $3,046.44 from unappropriated interest earnings from the Library CIP Fund No. 3210 and $1,769.84 from royalties from oil, gas, and mineral interest bequeathed to the City library from the Estate of William T. Neyland; changing the FY 2007 -2008 Capital Budget adopted by Ordinance No. 027456 to increase appropriations by $4,816.28. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooperwas absent. 19. ORDINANCE NO. 027929 Ordinance appropriating $25,300 from the reserve for Municipal Court Juvenile Case Manager Fund for Juvenile Case Manager Salaries currently budgeted in the General Fund; changing the FY 2008 -2009 Operating Budget adopted by Ordinance 027776 to increase appropriations by $25,300. —4— Minutes — Regular Council Meeting November 11, 2008 — Page 5 An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 20. FIRST READING ORDINANCE Amending Section 2 -75 "Membership; terms and filling vacancies," of the Code of Ordinances, regarding membership of the Library Board; providing for an effective date; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 21. FIRST READING ORDINANCE Amending Section 2 -78 "Lay Representative of City," of the Code of Ordinances, regarding selection of the Lay Representative of the City to the South Texas Library System; providing for an effective date; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 22. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 2 regarding membership in Youth Advisory Committee; providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 3 regarding the purchase of vehicles for the Police Department. Mike Staff, Corpus Christi Police Officers Association, stated that the police department needs additional vehicles and spoke in supported of the purchase. City Secretary Chapa polled the Council for their votes as follows: 3. MOTION NO. 2008 -278 Motion approving the purchase of forty -three (43) police package sedans, two (2) pickup trucks and two (2) cargo vans with the following companies for the following amounts in accordance with Bid Invitation No. BI- 0026 -09, based on low bid and low bid meeting specifications for a total amount of $1,042,309. Funding is available from the FY 2008 -2009 Capital Outlay budget in the Maintenance Services Fund and the Crime Control and Prevention District Fund. All units are replacements. Champion Ford Access Ford Corpus Christi, Texas Corpus Christi, Texas Line Items: 1, 2 Line Item: 3 $1,006,851 $35,458 Total: $1,042,309 -5- Minutes — Regular Council Meeting November 11, 2008 — Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 5 regarding the purchase of a wide area mower and a progator sprayer for the golf courses. Council Member Kelly asked if the City is obligated to purchase equipment from the Texas Local Government Purchasing Cooperative (TLGPC) or can the City purchase from local merchants. Assistant Director of Financial Services Michael Barrera stated that the City does look for local dealers but there is not a local service dealer for this equipment. Council Member McCutchon asked questions regarding the two sources of funding. Mr. Barrera said that the source of funding is from the Gabe Lozano and Oso Golf Course funds. In response to Council Member Leal, Mr. Barrera explained that the City has purchased from the local John Deere store for other types of equipment. City Secretary Chapa polled the Council for their votes as follows: 5. MOTION NO. 2008 -280 Motion approving the purchase of a Wide Area Mower and a Progator Sprayer, with a 300 gallon tank from John Deere Company, of Cary, North Carolina in the amount of $66,062.77. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The equipment will be used to maintain the fairways and putting greens at the Gabe Lozano Golf Course and Oso Golf Course. These items are replacements to the fleet. Funds have been budgeted by Parks and Recreation Department, Gabe Lozano Golf Center Fund and Oso Golf Course Fund for FY 2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 13 regarding the Lindale Recreation Center Renovations. Abel Alonzo, 1701 Thames, thanked Interim City Manager Escobar and staff for their work in completing the Bond 2004 projects. Mr. Alonzo stated that he believes that the hard work on Bond 2004 is the reason the public supported Bond 2008. City Secretary Chapa polled the Council for their votes as follows: 13. MOTION NO. 2008 -284 Motion authorizing the City Manager or his designee to execute a Job Order Contract with Alpha Building Corporation of Corpus Christi, Texas in the amount of $153,004.18 for Lindale Recreation Center Renovations (BOND ISSUE 2004) The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 14 regarding pipeline adjustments at the Corpus Christi International Airport. Council Member McCutchon asked whether this item was for a deductive change order. Interim Director of Engineering Kevin Stowers stated that this item is not a deductive change order. Mr. Stowers added that the pipeline companies have requested to work with the City rather than the contractor, Haas - Anderson. Dr. McCutchon asked questions regarding the number of pipelines to be moved and the number left to move. Mr. Stowers stated that this item is for the relocation for five (5) pipelines and that two (2) pipelines owned by Nustar will be brought to the Council for future action. Dr. McCutchon asked whether the other two pipelines will be substantial different from this item. Mr. Stowers stated that the cost will be more expensive but the items will be similar in nature. Dr. McCutchon requested that this Council action be included in the -6- Minutes — Regular Council Meeting November 11, 2008 — Page 7 packet for a cost comparison. City Secretary Chapa polled the Council for their votes as follows: 14.a. MOTION NO. 2008 -285 Motion authorizing the City Manager or his designee to execute an agreement for adjustment of an eight -inch (8 ") pipeline in the estimated amount not to exceed $64,437.50 with South Shore Pipeline, L.P., of Houston, Texas for the Corpus Christi International Airport Drainage Phase VI Project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 14.b. MOTION NO. 2008 -286 Motion authorizing the City Manager or his designee to execute an agreement for adjustment of an six -inch (6 ") pipeline in the estimated amount not to exceed $108,000 with Crosstex Natural Gas Transmission, Ltd., of Dallas, Texas for the Corpus Christi International Airport Drainage Phase VI Project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 14.c. MOTION NO. 2008 -287 Motion authorizing the City Manager or his designee to execute an agreement for adjustment of an six -inch (6 ") pipeline in the estimated amount not to exceed $163,496 with Copano Pipeline, L.L.C., of Houston, Texas for the Corpus Christi International Airport Drainage Phase VI Project. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 15 regarding the South Guth Ball Field Relocation project. Council Member Leal asked questions regarding the cost of the relocation. Interim Director of Engineering Kevin Stowers explained that the cost included the fair market value of the house, closing cost, and relocation assistance. Ms. Leal asked for the cost of the house and the property. Mr. Stowers stated that the fair market value of the house is $130,000 and that he would provide the cost of the land. Council Member McCutchon asked whether the house will be moved. Mr. Stowers stated that a decision to move the house has not been made. City Secretary Chapa polled the Council for their votes as follows: 15. MOTION NO. 2008 -288 Motion authorizing the City Manager or designee to execute a Real Estate Sales Contract with Noy R. Shockley and wife, Betty Shockley in the amount of $130,000 plus $1900 in closing costs and an additional amount of $22,500 for relocation assistance to cover moving costs and incidental expenses in connection with a replacement dwelling, all for the purchase of fee simple property rights to Parcel 3, described as "Peary Place Annex B" (0.471 acres), with the street address of 1901 Paul Jones Ave., necessary for South Guth Ballfield Relocation. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal was absent. —7— Minutes — Regular Council Meeting November 11, 2008 — Page 8 Mayor Garrett opened discussion on Item 16 regarding the J.C. Elliott Landfill Groundwater Monitoring and Sampling. Council Member McCutchon asked if the contract for geotechnical services was an engineering contract. Interim Director of Engineering Kevin Stowers said that the contract is a professional services contract for engineering and geology. City Secretary Chapa polled the Council for their votes as follows: 16. MOTION NO. 2008 -289 Motion authorizing the City Manager or his designee to execute a geotechnical services agreement with Kleinfelder, Inc. of Corpus Christi, Texas in an estimated amount not to exceed $204,400 for the J.C. Elliott Landfill Groundwater Monitoring and Sampling Agreement - 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 17 and 18 regarding the student intern program at Del Mar College and Texas A & M University — Corpus Christi. Abel Alonzo, 1701 Thames, thanked the 4A board for ensuring that the tax dollars are spent wisely. Council Member Marez thanked Chairperson Eloy Salazar and the 4A Board for approving the internship program and supporting local businesses. Mr. Marez also thanked Del Mar College and Texas A & M University — Corpus Christi for establishing the internship program. City Secretary Chapa polled the Council for their votes as follows: 17. RESOLUTION NO. 027927 Resolution approving the second amendment to Corpus Christi Business and Job Development Corporation's agreement to grant business incentives to Del Mar College for the retention of jobs, which grants an additional $50,000 for a student intern program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 18. RESOLUTION NO. 027928 Resolution approving the second amendment to Corpus Christi Business and Job Development Corporation's agreement to grant business incentives to Texas A &M University- Corpus Christi for the retention of jobs, which grants an additional $70,000 for a student intern program to assist small businesses in Corpus Christi. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 23 regarding a request for temporary tax abatement for the Metropolis Lofts, LLC. Emily Martinez, Economic Development, provided a brief overview including background on the building; location of the project; the project description; the tax abatement guidelines and criteria; the total capital investment of the project; and the completion date. Andy Griffin, Project Manager for J. Golden Properties, was available to respond to questions. -8- Minutes — Regular Council Meeting November 11, 2008 — Page 9 Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, said he supports economic development but wants to make sure that the City holds the business to the guidelines and criteria. The following topics pertaining to this item were discussed: the total project costs; the current value of the property; the ad valorem portion; the projected tax revenues when the project is built out; the projected value of the property; construction of amenities; and the number of units. City Secretary Chapa polled the Council for their votes as follows: 23. RESOLUTION NO. 027932 Resolution authorizing the execution of an agreement with Metropolis Lofts, LLC, providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo was absent. Mayor Garrett opened discussion on Item 24 regarding the Del Mar College for FastTrac® Growth Venture TM Program. Emily Martinez, Economic Development, provided a brief overview of the program including the scope of the program; the program's primary objectives; the total cost of the project; and the request for funding. Ann Figueroa with Del Mar College was available to respond to questions. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, thanked the Council and the 4A Board for their inclusive and diverse support of projects. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 027933 Resolution approving a Small Business Incentive Agreement between the Corpus Christi Business and Job Development Corporation and Del Mar College for the FastTrac® Growth Venture TM Program, which will provide up to $120,000 in grants to program participants who create and retain new jobs for their businesses, and authorizing the City Manager, or designee, to execute a Small Business Incentive Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Del Mar College Small Business Incentive Agreement. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 25 regarding the development of a Bachelor of Science in Mechanical Engineering program at Texas A & M University — Corpus Christi (TAMU- CC). Emily Martinez, Economic Development, explained that TAMU-CC is requesting $1,000,000 for retrofitting and outfitting laboratories. Ms. Martinez provided a background; the scope of the program; the timeline; target requirements; goals; and significant benefits to the City. Ms. Martinez added that TAMU -CC will be reimbursed for expenditures and hope to begin enrollment in the fall of 2009. Dr. Trent Hill with TAMU -CC and Eloy Salazar, Chairman of the Corpus Christi Business and Job Development Corporation (4A Board), were available to respond to questions. The following topics pertaining to this item were discussed: addressing the lack of trained workforce; the capacity in engineering schools across the state; the inquiries from students to TAMU -CC; a letter from the Texas Higher Education Coordinating Board sent to Executive Director —9— Minutes — Regular Council Meeting November 11, 2008 — Page 10 of the Legislative Budget Board John O'Brien in March of 2007 regarding the creation of an engineering school at TAMU -CC; the difference between a school and a program; House Bill 2978; promoting an interest in math and science to high school students; whether the Texas A & M Board of Regents makes decisions for TAMU -CC; the state budget support for TAMU -CC; if TAMU -CC is going to rely on enrollment to fund the engineering program; the unanimous vote from the 4A Board; community support; the terms of the performance based contract; the use of 4A funds in the City of Amarillo to fund a mechanical engineering program; the economic impact on the City; whether community support could include the donation of the land; the cost to maintain the program; the enrollment formula; where the funding will come from if the program doesn't have students; whether the program meets the criteria for 4A funds; funding available in the 4A economic development fund; how the funds will be disbursed; and whether the program will be approved if the university only has the City's support. Council Member Martinez requested a report from TAMU -CC on the status of their fundraising from the community. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25. RESOLUTION NO. 027934 Resolution approving an Agreement between the Corpus Christi Business and Job Development Corporation and Texas A & M University - Corpus Christi (TAMU -CC) for development of facilities for TAMU -CC's Bachelor of Science in Mechanical Engineering Program, which grants $1,000,000 for retrofitting and outfitting laboratories, and authorizing the City Manager or his designee to execute a Project Support Agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Texas A & M University — Corpus Christi Agreement. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, Leal, Marez, and Martinez, voting "Aye "; Hummell and McCutchon voting "No ". Mayor Garrett called for a brief recess to present proclamations and listen to public comment. Mayor Garrett called for petitions from the audience. Joan Veith, 5701 Cain, spoke regarding honoring veterans and their loved ones. Mr. Veith also asked the Council to consider Angel Escobar for City Manager. David Berlanga and Lindsey Edwards asked the Council to consider an item approving the enclosure of Heritage Park for the "Cheers to Charity Event" to support non - profit organizations. Carolyn Moon, 4902 Calvin, asked the Council to consider requiring the Las Brisas power plant to be environmentally friendly. Bob Algeo, 15629 Three Fathoms Bank, thanked the council for co- sponsoring the Veterans Summit and acknowledged veterans. Susie Williams thanked the Mayor and Council for establishing the Military Ambassador award and announced that the City is hosting the 2009 Navy League of the United States National Convention Ms. Williams stated that the City sponsors the U.S.S. City of Corpus Christi and members of the crew will be coming to the convention. Ms. Williams also said she is sending a letter requesting that the U.S.S. George Herbert Walker Bush consider Corpus Christi Navy League be one of its adopted councils. Council Member McCutchon requested that the City also send a letter of support. Joe McComb, 5323 St. Andrews, spoke regarding Item 32 regarding the Secretary of State's interpretation of the City April election date. Mr. McComb asked how long his petition signatures would be valid if his —10— Minutes — Regular Council Meeting November 11, 2008 — Page 11 initiative for the Memorial Coliseum could not be placed on the April ballot. Lillian Rock, 4325 Ocean Drive, spoke regarding injuries she sustained at Magee Beach from a drainage hole. Ms. Rock asked the City to address this safety issue. Foster Edwards, C.C. Chamber of Commerce, invited the Council to attend the Chamber Breakfast on Tuesday, November 18th at 7:30 a.m. at the Holiday Inn Emerald Beach. Carlos Torres, President of the Corpus Christi Firefighters Association, addressed the following issues: Veterans Day; the passage of Bond 2008; finalizing the firefighter negotiations; and the hiring of the City Manager. Mayor Garrett announced the executive sessions, which were listed on the agenda as follows: 34. Executive Session under Texas Government Code Section 551.071 regarding electric franchise with AEP Texas Central Company, with possible discussion and action related thereto in open session. 35. Executive Session under Texas Government Code Section 551.071 regarding fire collective bargaining negotiations, with possible discussion and action related thereto in open session. 36. Executive Session pursuant to Texas Government Code, Section 551.074 to deliberate the appointment, employment and duties of the City Manager with possible discussion and action related thereto in open session. The Council went into executive session. The Council returned from executive session and the following motion was passed with the following vote: 36. MOTION NO. 2008 -290 Motion selecting Angel Escobar as City Manager. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Leal, and Marez, voting "Aye "; Hummel!, Kelly, McCutchon, and Martinez voting "No ". Mayor Garrett asked if Mr. Escobar would like to comment. Mr. Escobar responded that he would need time to think before deciding to accept or reject the offer and would get back to the Council regarding his decision. Mayor Garrett opened discussion on Item 26 regarding the City of Corpus Christi's State and Federal Legislative Program for 2009. Director of Intergovernmental Relations Rudy Garza introduced elected officials Todd Hunter and Solomon Ortiz, Jr. and consultants Snapper Carr with HiIICo Partners and Larry Meyers with Meyers & Associates. Mr. Garza referred to a powerpoint presentation highlighting the major issues including legislative issues the City supports and opposes; the priorities of the City for protection of water rights, transportation resources, air quality, housing, and economic development; potential proactive measure on the April election date, adding the Packery Channel project under hotel occupancy tax assessments, publicly owned venues receiving revenue from alcohol, and the Open Meetings Act; and the federal agenda for CDBG /HOME funding, renewal community designation, diversion to state, homeland security, military and transportation. -11— Minutes — Regular Council Meeting November 11, 2008 — Page 12 The following topics pertaining to this item were discussed: the rider redemption period for homestead property; the exemption to the Open Meeting Act to provide general information as updates; and the removal of municipal court judges for disciplinary issues. Council Member Marez suggested that the removal of municipal court judges for disciplinary issues be included in the legislative program. There was a consensus of the council to include this item. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 26. RESOLUTION NO. 027935 Resolution adopting the City of Corpus Christi's State and Federal Legislative Program for 2009. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; Elizondo and McCutchon were absent. Mayor Garrett announced that Item 31 regarding a presentation on the Tuloso- Midway Independent School District was postponed. Suferinterident Mayor Garrett opened discussion on Item 27 regarding the Texas Recreation & Parks Account Local Park Grant Program (TRPA) and the Texas State Park System. Assistant Director of Parks and Recreation Stacie Talbert explained that this item is requesting the City Council to support asking the members of the 81st Legislative Session to support legislation that increases the funding for the TRPA and the Texas State Park System and encourages that the grant process remain under a competitive bid. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27. RESOLUTION NO. 027936 Resolution of the City of Corpus Christi City Council requesting the members of the 81st Legislative Session of the State of Texas support legislation that increases funding for the Texas Recreation & Parks Account Local Park Grant Program (TRPA) and the Texas State Park System; and requiring that all TRPA- funded park projects be subject to established TPWD competitive scoring system. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye"; Elizondo and McCutchon were absent. Mayor Garrett opened discussion on Item 28 regarding a grant application to the Environmental Protection Agency. Director of Environmental Services Peggy Sumner explained that this item is for approval to submit a grant application to the Environmental Protection Agency for a three -year community -wide Brownfields Assessment Program. Ms. Sumner provided an overview of the Brownfield site program and explained that this is the first one the City has applied for and the first of its kind. -12-- Minutes — Regular Council Meeting November 11, 2008 — Page 13 There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28. RESOLUTION NO. 027937 Resolution authorizing the City Manager, or his designee, to submita grant application to the Environmental Protection Agency in the amount of $400,000 for a three -year community - wide Brownfields assessment program. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Kelly, Leal, Marez, and Martinez, voting "Aye "; Elizondo, Hummell, and McCutchon were absent. •t +xxx * ** *a x• Mayor Garrett referred to Item 33 regarding an overview of the Plasma Technology Project by Bayshore Technologies, LLC. Joe Cisneros, Executive Vice President of the Corpus Christi Regional Economic Development Corporation (EDC), provided a brief overview of the Bayshore parent company and explained that Plasma Technology Project (PTI) is the first project to launch. Mr. Cisneros added that the PTI project has been approved by the EDC and the Corpus Christi Business and Job Development Corporation (4A Board). Mr. Cisneros introduced the representatives from Bayshore Technologies and Plasma Technologies Inc. Bert Quintanilla, President of Plasma Technologies, Inc. (PTI), provided a brief overview including a background of Bayshore Technology Holdings, LLC.; Bayshore's sub - companies; background of Plasma Technologies, Inc. (PTI); PTI's three application divisions; a background of electrical plasma medical application; medical device for treating topical wounds; thermal plasma; target markets; patents; university collaboration; demonstrations; and next phases. Alex Katsman, Vice President of PTI, provided demonstrations of the machines and prototypes. The following topics pertaining to this item were discussed: whether the equipment is portable and if studies have been performed on the effects to diabetes. Mayor Garrett opened discussion on Item 29 regarding the audit results for the Corpus Christi Firefighters' Retirement System. Interim Director of Financial Services Constance P. Sanchez explained that a presentation on the actuarial audit results and acknowledgement of receipt by the City Council is required as part of House Bill 2664. Ms. Sanchez provided a brief overview of the legislation. Mark Randall, Executive Vice President of Gabriel, Roeder, Smith, & Co., referred to a powerpoint presentation including the project scope; the principal findings; parallel valuations; plan changes enacted after December 31, 2006; and recommendations. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29.b. RESOLUTION NO. 027938 Resolution to acknowledge receipt of the Final Audit Report for the Corpus Christi Firefighters Retirement System for the period ended December 31, 2006. —13- Minutes — Regular Council Meeting November 11, 2008 — Page 14 The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Elizondo was absent. Mayor Garrett opened discussion on Item 30 regarding an ordinance to impose a lien for overdue utility bills. Assistant Director of Financial Services Mike Barrera explained that this item is an effort by the City to place liens on a property that is more than 45 days past the due date. Mr. Barrera stated that the primary target will be commercial accounts and homestead and tenant properties are exempt. Mr. Barrera said that placing a lien on the property for delinquent accounts will require the owner to pay the bill prior to selling their property. The following topics pertaining to this item were discussed: the timeframe before placing a lien on the property; whether the City has a problem with customers selling property during the time period; the reason it is necessary to impose a lien; a hotel that had an overdue bill; whether the City would be in the position to foreclose on a property; if the City will pay for the release of liens; the standard size of the account targeted; and whether there is an ordinance currently in place. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 30. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, to impose lien for overdue utility bill; providing for publication; and providing an effective date of December 1, 2008. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Hummell, Kelly, McCutchon, and Martinez, voting "Aye; Leal voting "No "; Elizondo and Marez were absent. Mayor Garrett referred to Item 22 (1), and a motion was made, seconded and passed to open the following public hearing: 22(1).a. Public Hearing designating the Lon c. Hill Power Plant Reinvestment Zone, within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). Emily Martinez, Economic Development, provided information including a background of the Lon C. Hill re- powering project; the capital investment; creation of jobs; project description; economic impact; impact analysis; the proposal; the request for tax abatement under the non - renewal community facilities section of the tax abatement guidelines and criteria; property location; the terms of the agreement; and the City's current ad valorem portion. Jim Burnett with NuCoastal, Donny Hearn with W.C.M. Group, and J.J. Johnson with the C.C. Regional Economic Development Corporation were available to respond to questions. No one appeared in opposition to the public hearing. Ms. Martinez made a motion to close the public hearing, seconded by Mr. Kelly, and passed. The following topics pertaining to this item were discussed: the type of plant; types of emissions; and whether the company has other plants in the area. —14— Minutes — Regular Council Meeting November 11, 2008 — Page 15 Mr. Chapa polled the Council for their votes as follows: 22(1).a. ORDINANCE NO. 027930 Ordinance designating the Lon C. Hill Power Plant Reinvestment Zone, within the City of Corpus Christi, Texas, under the Property Redevelopment and Tax Abatement Act (Chapter 312 of the Texas Tax Code). An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No "; Cooper and Elizondo were absent. 22(1).b. RESOLUTION NO. 027931 Resolution authorizing the execution of an agreement with Lon C. Hill, L.P. providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Garrett, Hummell, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Leal voting "No "; Cooper and Elizondo were absent. Mayor Garrett referred to Item 32 regarding a presentation on the Secretary of State's interpretation of the City April election date. City Attorney Fischer explained that on April 14, 2007, the City conducted a general election on the continuation of the Crime Control and Prevention District. Ms. Fischer added that after the Comptrollers' Office became aware of the April election date, they contacted the City and questioned the authorization for use of that date. Ms. Fischer stated that the Comptrollers' Office contacted the Secretary of State to ask if the election of the Crime Control District was valid since it was not on a typical uniform election date. Ms. Fischer addressed Section 41.0051 of the Texas Election Code that allows for the election date. Ms. Fischer stated that since this law permitted the City's April election, the City interpreted that the general election in April was our uniform election date and intended elections on measures to be included on the April ballot. Ms. Fischer explained that the Secretary of State notified the Comptrollers Office that it was determined that no action to invalidate or failure to certify the election results would be undertaken. Ms. Fischer said the City made a commitment to the Secretary of State to take actions to seek legislative clarification regarding the provision. Ms. Fischer said this issue is part of the Legislative Agenda to seek legislative change to match historical practices. Ms. Fischer announced that she will meet with the Secretary of State to address the following issues: whether the City can include an initiative on the April 2009 ballot and changing the April election date to the May uniform date without a legislative change. Ms. Fischer stated that the signatures for the petition to raze the Memorial Coliseum will remain valid until the proposition can be included on the ballot. The following topics pertaining to this item were discussed: keeping the public informed on this issue; the deadline for the petition signatures; the City's interpretation of the law; whether the proposition could be placed in November; the Charter language for an initiative; and the measure not being eligible until 2011 unless the legislation is changed. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 5:10 p.m. on November 11, 2008. —15— MINUTES CITY OF CORPUS CHRISTI, TEXAS Special Council Meeting November 13, 2008 — 8:30 a.m. PRESENT Mayor Henry Garrett Council Members: Mike Hummell Bill Kelly Priscilla Leal John Marez Nelda Martinez ABSENT Mayor Pro Tem Michael McCutchon Melody Cooper Larry Elizondo City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order at 8:55 a.m. in the Council Chambers of City Hall. City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. Mayor Garrett opened discussion on Item 1 regarding the canvassing of election results of the Special Election held on November 4, 2008 for the adoption of seven bond propositions and the approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach Seaward of the concrete portion of the Padre Island Seawall. The Council canvassed the results of various precincts and declared the results official. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 1. ORDINANCE NO. 027939 Ordinance canvassing returns and declaring results of the Special Election held on November 4, 2008 in the City of Corpus Christi for the adoption of seven bond propositions; and approval of a proposition to restrict vehicular access to and on the portion of the Gulf of Mexico Beach Seaward of the concrete portion of the Padre Island Seawall. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Hummell, Kelly, Leal, Marez, and Martinez, voting "Aye "; Cooper, Elizondo, and McCutchon were absent. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 9:03 a.m. on November 13, 2008. —17— MINUTES CITY OF CORPUS CHRISTI, TEXAS Regular Council Meeting November 18, 2008 - 10:00 a.m. PRESENT Mayor Henry Garrett Mayor Pro Tem Michael McCutchon Council Members: Melody Cooper* Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla Leal John Marez ** Nelda Martinez *Arrived at 10:05 a.m. * *Arrived at 10:20 a.m. City Staff: City Manager Angel R. Escobar City Attorney Mary Kay Fischer City Secretary Armando Chapa Mayor Garrett called the meeting to order in the Council Chambers of City Hall. The invocation was delivered by Father Sean Maloney with St. Bartholomew's Episcopal Church and the Pledge of Allegiance to the United States flag was led by Council Member Bill Kelly. -City Secretary Chapa called the roll and verified that the necessary quorum of the Council and the required charter officers were present to conduct the meeting. * * * * * * * * * * * * Mayor Garrett referred to Item 1 and the following board appointments were made: Citizens Advisory Health Board Dr. Bruce Nelson Stratton (Appointed) Community Youth Development (78415) Program Steering Committee Xiao Bohannon (Appointed) Nadia Contreras (Appointed) * * * * * * * * * * * * Mayor Garrett called for consideration of the consent agenda (Items 2 - 17). Several citizens requested that Item 5 be pulled for individual consideration. Mr. Abel Alonzo requested that Item 11 be pulled for individual consideration. Council members requested that Items 2, 3, 5, 7, 8, 9, 11, 12, and 13 be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 4. MOTION NO. 2008 -293 Motion approving the purchase of five (5) 2009 Compressed Natural Gas Compact Sedans in accordance with Bid Invitation No. BI- 0042 -09 from Lute Riley Honda, of Richardson, Texas based on most advantageous bid for a total of $128,800. Funding is available from the FY08 -09 Capital Outlay Budget in the Fleet Maintenance Fund. 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. -19- Minutes — Regular Council Meeting November 18, 2008 — Page 2 6.a. RESOLUTION NO. 027941 Resolution authorizing the City Manager or his designee to submit a grant application to the Texas Parks and Wildlife Department's Safe Boating Access Program in the amount of $500,000 for reconstruction of boat ramp located near John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel; with City grant match of $50,000 in the No. 3289 Park and Recreation Capital Improvement Program (CIP) Fund, and additional $117,000 grant matches from the Coastal Bend Bays and Estuaries Program, and Saltwater Fisheries Enhancement Association, and architectural services from Robert Floyd, for total project cost of $667,000. 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. 6.b. RESOLUTION NO. 027942 Resolution authorizing the City Manager or his designee to execute an agreement with Coastal Bend Bays and Estuaries Program, Texas Parks and Wildlife Department, Texas General Land Office, Texas Department of Transportation, and the Saltwater Fisheries Enhancement Association concerning development of coordinated plan to remedy the boat ramps and parking lot located near the John F. Kennedy Causeway on the north side of State Highway 358 on Packery Channel. 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. 10. MOTION NO. 2008 -304 Motion authorizing the City Manager or his designee to • execute a Reimbursement Agreement with Tierra Pipeline Group, LLC, of San Antonio, Texas in the amount of $150,000 for the Kingsbury Drive Bridge Replacement for relocation of existing utility lines. 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. 14. ORDINANCE NO. 027945 Amending Section 2 -75 "Membership; terms and filling vacancies," of the Code of Ordinances, regarding membership of the Library Board; providing for an effective date; and providing for publication. (First Reading — 11/11/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 15. ORDINANCE NO. 027946 Amending Section 2 -78 "Lay Representative of City," of the Code of Ordinances, regarding selection of the Lay Representative of the City to the South Texas Library System; providing for an effective date; and providing for publication. (First Reading — 11/11/08) —20— Minutes — Regular Council Meeting November 18, 2008 — Page 3 The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez was absent. 16. ORDINANCE NO. 027947 Amending the Code of Ordinances, City of Corpus Christi, Chapter2 regarding membership in Youth Advisory Committee; providing for publication. (First Reading — 11/11/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. 17. ORDINANCE NO. 027948 Amending the Code of Ordinances, City of Corpus Christi, Chapter 55, to impose lien for overdue utility bill; providing for publication; and providing an effective date of December 1, 2008. (First Reading- 11/11/08) The foregoing ordinance was passed and approved on its second reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez was absent. Mayor Garrett opened discussion on Item 2 regarding a municipal lease line of credit. Council Member McCutchon requested an explanation of an alternative bid. Assistant Director of Financial Services Michael Barrera explained that this bid historically has been structured on a municipal bond index as the rate the interest rate would follow. Mr. Barrera added that due to the economic turmoil in the financial markets, the bidders submitted alternates. Mr. Barrera stated that the alternative bid will save the City money. In response to Dr. McCutchon's question regarding the most advantageous bid, Mr. Barrera provided a brief explanation of the bid tabulation and the LIBOR index. Council Member Hummell asked questions regarding the previous contractor and the reason the company did not participate. Mr. Barrera said the previous contract was with Bank of America and that Bank of America chose not to participate because the rates are higher. City Secretary Chapa polled the Council for their votes as follows: 2. MOTION NO. 2008 -291 Motion approving a Municipal Lease Line of Credit with Frost National Bank in accordance with Bid Invitation No. 8I- 0009 -09 based on most advantageous bid for an estimated annual expenditure of $113,400. The term of the contract is for 24months with options to extend for up to two additional 12 -month periods, subject to the approval of the contractor and the City Manager, or his designee. 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 3 regarding the lease /purchase of a Peterbilt truck tractor. Council Member McCutchon asked why the Solid Waste Department is using six (6) tractors as a backup to the current fleet if the City is contemplating reducing the brush schedule. Assistant Director of Solid Waste Services Lawrence Mikolajczyk explained that the tractors are needed to provide service at the Transfer Station to the City residents and the small commercial businesses because they are not allowed to go to the Cefe Landfill. Council Member Leal stated that she was glad that the City is purchasing the equipment needed to perform the services of the City. —21— Minutes — Regular Council Meeting November 18, 2008 — Page 4 City Secretary Chapa polled the Council for their votes as follows: MOTION NO. 2008 -292 Motion approving the lease /purchase of one (1) Peterbilt truck tractor from Rush Truck Centers of Texas, LP, of Houston, Texas for a total amount of $152,833. The award is based on the cooperative purchasing agreement with the Texas Local Government Purchasing Cooperative (TLGPC). The truck tractor is an addition to the fleet and will be used by Solid Waste Services. Financing for the truck tractor will be provided through the City's lease /purchase financing program. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marezwas absent. Mayor Garrett opened discussion on Item 5 regarding the contract with the Texas Department of Family and Protective Services for funding the Community Youth Development Program for the 78415 zip code for projects as recommended by the Community Youth Development Steering Committee (CYD). Mayor Garrett asked questions regarding the Texas Department of Family and Protective Services (TDFPS) letter stating that the City Council may not overturn recommendations by the CYD Review Committee. Assistant Director of Parks and Recreation Stacie Talbert explained that the City received a letter from TDFPS stating that the City is the fiscal agent of the 78415 program. Ms. Talbert stated that the 78415 established a review committee that reviews the process and makes recommendations that are forwarded to the TDFPS. Ms. Talbert added that if the recommendations of the Review Committee meet the requirements and regulations, TDFPS approves the recommendation of the Review Committee. The following topics pertaining to this item were discussed: the entity that controls the packaging mechanism; how the packaging mechanism could change and the timing process; whether the process is the same for every municipality; whether the Council would pe voting "No" for all of the organizations if it voted against one organization; the effect on the providers for delaying the process; whether the programs will continue to be funded regardless of the Council's decision; how long the City has been the fiscal agent; the effect on the City if it was no longer the fiscal agent; the funding for the CYD program; whether the Review Committee will lose its ability to make recommendations if the City is no longer the fiscal agent; appointments to the CYD committee and the Review Committee; if services are provided to children in the 78415 zip code; whether the City can become the fiscal agent again if the authority is taken away due to this vote; the City's funding for employees as part of being the fiscal agent; the Review Committee's proposal process; whether the public is invited to the CYD meetings and how the public is made aware of the meetings; the description of services to be provided by Planned Parenthood; whether sexual education is part of the Planned Parenthood services; whether the CYD committee monitors the program; whether the CYD program has received complaints regarding the services provided by Planned Parenthood; the original intent of 78415 funding; and whether the Council has input on the Review Committee's recommendations and how that can be addressed. Dr. McCutchon made a motion to delete Item 5.e. and ask TDFPS to reallocate the $30,000 to the other programs listed. The motion was seconded by Ms. Cooper. Mayor Garrett called for comments from the audience. Abel Alonzo, 1701 Thames, said the Review Committee recommendations are not inclusive or diverse. Therese Perez, 325 Claremore, submitted a petition to the City Secretary to stop allocating funding to Planned Parenthood. -22- Minutes — Regular Council Meeting November 18, 2008 — Page 5 The following individuals spoke in opposition to Item 5.e.: Corrine Kelley, junior at Ray High School; Therese Perez, 325 Claremore; Ann Craig, 109 Ashburn; Bonnie Fergie, 7613 Del Rio; Christy Rutledge; Jacob Montez; Sharon Carter Longoria, 461 University, Maria Meaney; Cornelius Hayes, 225 Oleander; Mary Crabtree, 3407 Fairmont Drive; Elizabeth Snodgrass, 2636 Henrietta Place; Dr. Patrick Hayes, 349 Meldo Parkway; Nelson Ozenburger, 4245 Aaron Cove; Steve Gomez, 6630 Clarion Drive; Kathi Bailey, 321 Chenoweth; Michael Meaney, 3360 San Antonio; Cliff Zarsky, 5202 Wooldridge; Alean Majek; John Sloan, 709 Schooner Harbor, Mary Ann Kelly, 4302 Schanen; and Janie Gonzalez, 4617 Nesbitt Drive. The following individuals spoke in support of Item 5.e.: Susie Luna Saldana, 4701 Hakel, and Father Sean Maloney. Mr. Kelly asked Dr. McCutchon to consider amending the motion to have the $30,000 to be re -bid to another organization. Dr. McCutchon amended his motion to delete Item 5.e. and ask the 78415 selection committee to reallocate the $30,000 and make a recommendation to TDFPS. Ms. Cooper accepted the amendment. City Secretary Chapa announced that Council Member Marez submitted a conflict of interest and would abstain from the vote on Item 5. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez abstained. Ms. Leal requested that Item 5.j. be pulled for individual consideration. City Secretary Chapa polled the Council for their votes as follows: 5.a. MOTION NO. 2008 -294 Motion authorizing the City Manager or his designee to execute a contract with the Texas Department of Family and Protective Services for funding in the amount of $500,000 from the Community Youth Development Program for the 78415 Zip Code for projects as recommended by the Community Youth Development Steering Committee for FY 2008- 2009, Contract Period September 1, 2008 through August 31, 2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. 5.b. ORDINANCE NO. 027940 Ordinance appropriating $500,000 from the Texas Department of Family and Protective Services in the No. 1060 Community Youth Development Fund to fund the Community Youth Development Program in the 78415 Zip Code for FY 2008 -2009 contract period September 1, 2008 through August 31, 2009. 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 abstained. 5.c. MOTION NO. 2008 -295 Motion authorizing the City Manager or his designee to execute a subcontract with the Boys & Girls Club of Corpus Christi in the amount of $50,000 to provide services for youth ages 6 to 17 in the 78415 Zip Code. -23- Minutes — Regular Council Meeting November 18, 2008 — Page 6 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez abstained. 5.d. MOTION NO. 2008 -296 Motion authorizing the City Manager or his designee to execute a subcontract with Communities In Schools, Corpus Christi, Inc. in the amount of $86,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye"; Marez abstained. 5.e. DELETED to 17 in the 78415 Zip Code. 5.f. MOTION NO. 2008 -297 Motion authorizing the City Manager or his designee to execute a subcontract with the YMCA of Corpus Christi in the amount of $35,000 to provide services for youth ages 14 -17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez abstained. 5.g. MOTION NO. 2008 -298 Motion authorizing the City Manager or his designee to execute a subcontract with YWCA of Corpus Christi in the amount of $50,000 to provide services for girls in the 4th , 5th & 6'h grades in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez abstained. 5.h. MOTION NO. 2008 -299 5.i. Motion authorizing the City Manager or his designee to execute a subcontract with Youth Odyssey in the amount of $30,000 to provide services for youth ages 11 to 17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez abstained. MOTION NO. 2008 -300 Motion authorizing the City Manager or his designee to execute a subcontract with Nueces County MHMR in the amount of $30,000 to provide services for youth ages 10 to 17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Marez abstained. —24— Minutes — Regular Council Meeting November 18, 2008 — Page 7 Mayor Garrett opened discussion on Item 5j. regarding a subcontract with SERCO of Texas. Council Member Leal expressed concern regarding the types of jobs the agency provides in the 78415 area. Council Member Hummel) asked questions regarding the services provided by SERCO. Ms. Talbert explained that SERCO provides mentoring programs at middle schools to discuss careers that are available in the community. Ms. Leal made a motion to decline the funding to SERCO of Texas and reallocate $65,000 to another agency. The motion failed for lack of second. City Secretary Chapa polled the Council for their votes as follows: 5j. MOTION NO. 2008-301 Motion authorizing the City Manager or his designee to execute a subcontract with SERCO of Texas in the amount of $60,000 to provide services for youth ages 10 -17 in the 78415 Zip Code. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, McCutchon, and Martinez, voting "Aye "; Leal voting "No "; Marez abstained. * * ** * * ** * ** Mayor Garrett called for petitions from the audience. Jean Salone, 2821 Nueces, spoke regarding the contamination in the Hillcrest area due to the refineries. Ms. Salone asked that the City Council, residents, and the refineries discuss moving the residents out of the area and stated that revitalization of the Hillcrest area is not a good idea. Bea Zimmer spoke regarding Item 21 and stated that the street closure would restrict the neighborhood's access to Packery Channel Park. Gerald Beckman, 7622 Dijon Lake, asked the Council to expand the ban on smoking. Elizabeth Sumbrano, 2813 Nueces, spoke regarding the sickness of the people in the Hillcrest neighborhood and asked for assistance for that area. Council Member McCutchon requested that the Health Department provide data regarding toxin levels in the Hillcrest area compared to other areas of the City. Susie Canales, Executive Directed of Citizens for Environmental Justice, spoke regarding a report on the study of blood and urine samples showing levels of benzene on the residents of the Hillcrest area. Dr. Melissa Jerrell, 266 Lola Johnson Road, spoke regarding the Hillcrest neighborhood being treated unfairly and unjust on environmental justice. Dr. Jerrell added that revitalization of the Hillcrest area is not the answer. Cynthia Smith, 902 Shepard, spoke regarding the impact of the smoking ban on charitable bingo organizations. Carolyn Moon, 4902 Calvin, spoke regarding the environmental impact of the Las Brisas plant. Joe Alley, 2650 Dallas, asked the Council to complete the ordinance to make the City smoke free. Mimi Kile, 7626 Rocksprings, encouraged the Council to finish the smoking ordinance to make the total community smoke free. Jesse Molina, 4314 Leonard Drive, addressed the following issues: settling the dispute with the firefighters, the hiring of Mr. Escobar for City Manager; Planned Parenthood; the smoking ordinance and tax abatements. Ann Bright, 325 Barracuda, spoke regarding the emissions from the Las Brisas plant. Roland Garza introduced City employees Catelino Perez and Sally Perez and spoke regarding the treatment of employees. Abel Alonzo, 1701 Thames, spoke regarding facts and data on the air quality concerns. Susie Luna Saldana, 4701 Hakel, congratulated the Council for selecting a local person as City Manager. Susanna Taylor, Chair of the Bingo Advisory Committee, spoke regarding the effects of the smoking ordinance on charitable organizations and the incurred costs the bingo halls have already taken to accommodate smokers and nonsmokers. Melissa Nucete Luhan, 1419 Lipan, expressed concern for the Hillcrest neighborhood children being contaminated with benzene and chemicals from the refineries. -25-- Minutes — Regular Council Meeting November 18, 2008 — Page 8 Mayor Garrett announced the executive sessions, which was listed on the agenda as follows: 32. Executive session under Texas Government Code Section 551.071 to conduct a private consultation with its attorney regarding Texas Commission on Environmental Quality Notice of Enforcement Action, RN101385151, Docket No. 2008- 1521- MLM -E, Enforcement Case No. 36564, with possible discussion and action in open session. 33. Executive session under §551.087 of the Texas Government Code for discussions and deliberations regarding commercial or financial information that the governmental body has received from a business prospect that the governmental body seeks to have locate, stay, or expand in or near the territory of the City and with which the City Council is conducting economic development negotiations, with possible discussion and action in open session. The Council returned from executive session. * * * * * * * * * * * ** Mayor Garrett opened discussion on Item 29.1. regarding a request for disannexation of property from Sam Kane Beef Processors, Inc. Director of Economic Development Irma Caballero explained that this item is for consideration and approval of the proposed disannexation ordinances and related agreements in support of a request made by Sam Kane Beef Processors, Inc. Ms. Caballero added that approval of the disannexation will assist Sam Kane with a loan guarantee through the United States Department of Agriculture. Mayor Garrett called for comments from the audience. Joe Cisneros with the C.C. Regional Economic Development Corporation and Abel Alonzo, 1701 Thames, spoke in support of the item. Mr. Hummel) made a motion to amend Item 29.1. by substituting with the ordinance provided by staff. The motion was seconded by Ms. Martinez. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". City Secretary Chapa polled the Council for their votes as follows: 29.1.a. ORDINANCE NO. 027952 Ordinance disannexing from the City of Corpus Christi, Texas approximately 0.59 acre tract of land, situated along a line drawn from a point along the south right -of -way line of Leopard Street at approximately coordinates 1294719.136 X, 17188918.803 Y to a point along the City's boundary north of 1 -37 at approximately coordinates 1294708.987 X, 17191792.708 Y, and adjusting the City boundaries, conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. 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, Marez, and Martinez, voting "Aye ". —26— Minutes — Regular Council Meeting November 18, 2008 — Page 9 29.1.b. ORDINANCE NO. 027953 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 9.426 acre tract of land, owned by Sam Kane Beef Processors, Inc., in Nueces County, located off south right -of -way boundary of State Highway 9 (9001 Leopard Street), and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 29.1.c. ORDINANCE NO. 027954 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 60.821 acre tract of land, owned by Sam Kane, in Nueces County, located off south right -of -way boundary of State Highway 9 (9001 Leopard Street), and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 29.1.d. ORDINANCE NO. 027955 Ordinance disannexing from the City of Corpus Christi, Texas an approximately one acre tract of land, owned by Rachel Madean Brown Magill, in Nueces County, located 2040 Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing fora delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye". 29.1.e. ORDINANCE NO. 027956 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 120.62 acre tract of land, owned by Mary Hutchins Triestman Limited Partnership, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". —27— Minutes — Regular Council Meeting November 18, 2008 — Page 10 29.1.f ORDINANCE NO. 027957 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 61.23 acre tract of land, owned by Adhub, LLC, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". . 29.1.g. ORDINANCE NO. 027958 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 61.32 acre tract of land, owned by Ann McMaster, General Partner, Haring Heirs, in Nueces County, located on Clarkwood Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective _d_a_ to for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 29.1.h. ORDINANCE NO. 027959 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 122 acre tract of land, owned by Chessie Perkins, in Nueces County, located at Clarkwood Road at Sedwick Road, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing fora delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 29.1.i. ORDINANCE NO. 027960 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 27.5438 acre tract of land, owned by Gladys V Stillwell, in Nueces County, located at Stillwell Lane, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". -28- Minutes — Regular Council Meeting November 18, 2008 — Page 11 29.1.j. ORDINANCE NO. 027961 Ordinance disannexing from the City of Corpus Christi, Texas an approximately 31.032 acre tract of land, owned by Rose Mary Zvara, Trustee, RZ Realty Trust, in Nueces County, located at Stillwell Lane, and adjusting the city boundaries conditioned upon the property owner executing a contract for services in lieu of annexation; providing for a delayed effective date for the disannexation; providing for publication; providing for severance; and declaring an emergency. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez voting "Aye ". Mayor Garrett opened discussion on Item 28 regarding temporary property tax abatement for Transcontinental Realty Investors. Emily Martinez, Economic Development, provided a brief overview including the project description; the proposed project location; the tax abatement guidelines and criteria; and the terms of the tax abatement agreement. Ed Verde, representative for Transcontinental Realty, provided a powerpoint presentation of examples of Transcontinental residential development projects The following topics pertaining to this item were discussed: the number of units and the use of local contractors. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 28. RESOLUTION NO.027951 Resolution granting a variance from the guidelines and criteria for granting tax abatement and authorizing the execution of an agreement with Transcontinental Realty Investors, Inc. providing for temporary property tax abatement. The foregoing resolution was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 7 regarding a lease agreement with Incarnate Word Academy (IWA) for the use of Dick Runyan Field at Evelyn Price Park. Council Member Leal thanked IWA for using the fields. Council Member Marez asked questions regarding whether this field is used by City baseball leagues and if the lease agreement would conflict with the leagues. Assistant Director of Parks and Recreation Stacie Talbert said the fields are used by the City baseball leagues and the seasons would not conflict. City Secretary Chapa polled the Council for their votes as follows: 7. ORDINANCE NO. 027943 Ordinance authorizing the City Manager or his designee to execute a five -year lease agreement with Incarnate Word Academy (IWA) for the use of Dick Runyan Field at Evelyn Price Park during IWA baseball season of January 1 through May 30 in consideration of IWA -29- Minutes — Regular Council Meeting November 18, 2008 — Page 12 construction of field improvements of minimum estimated value of $35,000, and IWA maintaining the premises. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 8 regarding the Packery Channel Boat Ramp Parking Lot and Access Road. Interim Director of Engineering Kevin Stowers stated that Council had previously requested additional information on this item and that information is included in the packet. The following topics pertaining to this item were discussed: the original Change Order price; the individual that reviewed the price changes in the Change Order; the reason for the increased cost in hot mix when gas prices have reduced; Change Orders for decreased prices; decreased price in diesel; increasing and decreasing costs in categories; whether diesel is still being used on the project; and subcontractor costs. City Secretary Chapa polled the Council for their votes as follows: 8.a. ORDINANCE NO. 027944 Ordinance appropriating $87,588.73 from the Unreserved Fund Balance in the Reinvestment Zone No. 2 Fund 1111 for contractor mobilization, demobilization and other construction suspension costs for the Packery Channel Boat Ramp Parking Lot and Access Road as per Change Order No. 2 to the construction contract with Garrett Construction of . Ingleside, Texas; changing the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase appropriations by $87,588.73. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 8.b. MOTION NO. 2008 -302 Motion authorizing the City Manager or his designee to execute Change Order No. 2 to the construction contract with Garrett Construction of Ingleside, Texas, in the amount $87,588.73 for a revised total contract price of $845,418.76 for the Packery Channel Boat Ramp Parking Lot and Access Road FY 2007 -2008 for contractor mobilization, demobilization and other construction suspension costs. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 9 regarding the Broadmoor Senior Center Improvements. Council Member McCutchon asked questions regarding the total building costs for the center. Interim Director of Engineering Kevin Stowers stated that the estimated construction costs are over $1 million including the new 2,500 square room and the remodeling of the existing center. Council Member Leal said she was glad to see that the Broadmoor Center was being expanded and improved. Council Member Marez asked questions regarding additional funding -for the facility. City Manager Escobar said that Community Block Development Grant funding was allocated for the facility. In response to Council Member Marez, Park and Recreation Superintendent Billy Delgado said that there was not a trailer at the Senior Center and that a walking trail will be added to the park once funds become available. Council Member Marez requested a report on the prior commitments and work at the Broadmoor Senior Center. City Secretary Chapa polled the Council for their votes as follows: -30- Minutes — Regular Council Meeting November 18, 2008 — Page 13 9. MOTION NO. 2008 -303 Motion authorizing the City Manager or his designee to execute a Contract for Professional Services with Chuck Anastos Associates, LLC, of Corpus Christi, Texas in the amount of $112,782 for the Broadmoor Senior Center Improvements project. (CDBG /BOND 2008) The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Items 11 and 11.1(a) regarding Street Overlay Clusters. Council Member Leal asked why the clusters did not include streets in District 3. City Manager Escobar•said this item is for clusters that are city-wide and stated that staff would provide a list of the projects in District 3. In response to Council Member McCutchon, Interim Director of Engineering Kevin Stowers stated that the clustered areas did not previously have ADA curbs. Council Member McCutchon spoke regarding the deductive change order and asked for the balance of the tax notes. Assistant City Manager Oscar Martinez said that amount has not been reconciled and would provide that information. Mayor Garrett asked what the life expectancy was for the new overlay on Shoreline. City Manager Escobar said the life expectancy is eight to twelve years. Mayor Garrett asked when work would begin in front of the Memorial Coliseum. City Manager Escobar answered that work from Bond 2008 would begin within four (4) years. City Secretary Chapa polled the Council for their votes as follows: 11.a. MOTION NO. 2008 -305 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with Coym, Rehmet, Gutierrez Engineering, LP, of Corpus Christi, Texas in the amount of $62,400, for a total restated fee not to exceed $227,740, for the Street Overlays Cluster 1 for design and construction administration of ADA Curb Ramps. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 11.b. MOTION NO. 2008 -306 Motion authorizing the City Manager or his designee to execute Amendment No. 3 to the Contract for Professional Services with LNV Engineering, Inc., of Corpus Christi, Texas in the amount of $205,870, for a total restated fee not to exceed $370,980, for the Street Overlays Cluster 2 and Cluster 4 for design and construction administration of ADA Curb Ramps and additional construction inspection of Clusters 2 and 4. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 11.1(a) MOTION NO. 2008 -307 Motion authorizing the City Manager or his designee to execute a deductive change order with Haas - Anderson of Corpus Christi, Texas in the decreased amount of $226,900 for the Street Overlays Cluster 4 project to change the overlay treatment to a sealcoat on the northbound lanes of Shoreline Drive from Furman Avenue to Lawrence Street resulting in a modification in project scope. -31- Minutes — Regular Council Meeting November 18, 2008 — Page 14 The foregoing motion was passed and approved with the following vote: Cooper, Elizondo, Hummell, Kelly, Leal, McCutchon, and Martinez, voting "Aye "; Garrett, and Marez voting "No". Mayor Garrett opened discussion on Item 12 regarding the Corpus Christi Bayfront Development Implementation Plan Phase 1 improvements. Council Member Hummel) asked what happened to the water line. Interim Director of Engineering Kevin Stowers said that the utility plan showed that the line was there but it was later determined that the utility line did not exist. Council Member Hummel) asked whether the City has maps identifying infrastructure and whether there is a system in place when a line is taken out. Mr. Stowers answered both questions in the affirmative. City Secretary Chapa polled the Council for their votes as follows: 12. MOTION NO. 2008 -308 Motion authorizing the City Manager or his designee to execute Change Order No. 3 to the construction contract with Haas Anderson Construction, Ltd., of Corpus Christi, Texas in an amount not to exceed $129,005.17 for a restated not to exceed contract amount of $14,7917114. -17 for water line revisions and tie -in beyond the original construction limits for the Bayfront Development Implementation Plan — Phase 1 Improvements. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Hummel), Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 13 regarding the Rincon Bayou Diversion project. Interim Director of Engineering Kevin Stowers and Assistant City Attorney Jay Reining responded to questions. The following topics pertaining to this item were discussed: contributions and participation from the Port of Corpus Christi Authority; whether San Patricio County participates; background of the studies; where the ammonia is coming from; the Allison diversion project; the location of the Allison plant; if there is a current contract in place for monitoring; the timeframe that the City has been operating under annual contracts; discharging effluent into Nueces Bay in an effort to justify reducing water releases; purpose of the Rincon Diversion channel; whether the City needs to test the water in Rincon Bayou as it flows into Nueces Bay; whether the Rincon Bayou water is the same water that flows into Nueces Bay through Nueces River; water flow of the Nueces River; the purpose of the studies; the reasons for continuing studies when the City has a large water supply; pursing water resources for the future; the amount of water scheduled for release that was held back by Texas Commission on Environmental Quality (TCEQ); the number of years that TCEQ expects the City to continue monitoring; what will occur after the monitoring period is complete; post project monitoring; the location of the Rincon Channel Pumping Plant and Pipeline; expectations from the monitoring; the amount of reduced water releases expected; the total cost of monitoring and construction; and whether monitoring has reduced the number of releases. City Secretary Chapa polled the Council for their votes as follows: 13.a. MOTION NO. 2008 -309 Motion authorizing the City Manager or his designee to execute a contract with the Center for Coastal Studies, Texas A &M University — Corpus Christi not to exceed $167,882.57 for Ammonia and Biological Monitoring associated with the Rincon Bayou Diversion Project 2008 -2009. -32- Minutes — Regular Council Meeting November 18, 2008 — Page 15 The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Hummell and Leal voting "No ". 13.b. MOTION NO. 2008 -310 Motion authorizing the City Manager or his designee to execute a contract with the Division of Nearshore Research, Texas A &M University— Corpus Christi not to exceed $116,719 for Salinity and Freshwater Inflow Monitoring associated with the Rincon Bayou Diversion Project 2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye "; Hummell and Leal voting "No ". 13.c. MOTION NO. 2008 -311 Motion authorizing the City Manager or his designee to execute a contract with the Harte Research Institute, Texas A &M University— Corpus Christi not to exceed $59,383 for Biological Monitoring associated with the Rincon Bayou Diversion Project 2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye'; Hummell and Leal voting "No ". 13.d. MOTION NO. 2008 -312 Motion authorizing the City Manager or his designee to execute a contract with the University of Texas Marine Sciences Institute, in an amount not to exceed $188,215 for biological monitoring services associated with the Rincon Bayou Diversion Project 2008 -2009. The foregoing motion was passed and approved with the following vote: Garrett, Cooper, Elizondo, Kelly, McCutchon, Marez, and Martinez, voting "Aye"; Hummell and Leal voting "No ". Mayor Garrett referred to Item 18, and a motion was made, seconded and passed to open the public hearing on the following zoning case: Case No. 1008 -02, Jason and Kim Comstock: A change of zoning from an "F -R" Farm Rural District to a "RE" Residential Estate District resulting in a change of land use from vacant to residential on property described as a two acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, located on the east side of Waldron Road approximately one -half mile south of Yorktown Boulevard. City Secretary Chapa stated that the Planning Commission and staff recommended approval of a "RE" Residential Estate District. Assistant Director of Development Services Faryce Goode -Macon referred to a powerpoint presentation including the property location; area location map; map of the subject case area; 2007 aerial and perspective aerial photograph; the "F -R" Farm -Rural District and "RE" Residential Estate -33- Minutes — Regular Council Meeting November 18, 2008 — Page 16 District uses; photos of the subject property; the existing land use map; navy air installation compatible use zones (AICUZ); and the future land use map. Jason Comstock, applicant, stated the property would be used for a family dwelling. No one appeared in opposition to the zoning change. Mr. Marez made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council fortheirvotes as follows: 18. ORDINANCE NO. 027949 Amending the Zoning Ordinance, upon application by Jason and Kim Comstock, by changing the Zoning Map in reference to a two acre tract of land out of Lot 33, Section 52, Flour Bluff and Encinal Farm and Garden Tracts, from "F -R" Farm Rural District to "RE" Residential Estate District; amending the Comprehensive Plan to account for any deviations from the existing Comprehensive Plan; providing a repealer clause; providing for publication. An emergency was declared, and the foregoing ordinance was passed and approved with the following vote: Garrett, Cooper, Elizondo, Rummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". Mayor Garrett opened discussion on Item 19. City Secretary Chapa announced that Item 19 was withdrawn by staff. spec Few 19.c. Public hearing -and First - Reading Ordinance Concidcr abandoning and vacating a portion Mayor Garrett referred to Item 20, and a motion was made, seconded and passed to open the public hearing on the following street closure: 20. Public hearing to consider abandoning and vacating a 61,537.10- square foot portion of undeveloped and unsurfaced, South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way; subject to compliance with specified conditions. -34- Minutes — Regular Council Meeting November 18, 2008 — Page 17 Deputy Director of Development Services Johnny Perales provided a brief overview including maps of the subject property; existing features in the area; and the location of the street right -of -way to be closed. Michael Womack, South Texas Botanical Gardens & Nature Center, said the closure would allow the Botanical Gardens to move the location of the entrance and allow for adjustments to the master plan. No one appeared in opposition to the street closure. Ms. Martinez made a motion to close the public hearing, seconded by Ms. Cooper, and passed. Mr. Chapa polled the Council for their votes as follows: 20. FIRST READING ORDINANCE Consider abandoning and vacating a 61,537.10- square foot portion of undeveloped and unsurfaced, South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way; subject to compliance with specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummell, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Kelly was absent. Mayor Garrett referred to Item 21, and a motion was made, seconded and passed to open the public hearing on the following street closure: 21. Public hearing to consider abandoning and vacating a 2,701.10- square foot portion of a 10- foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way; subject to owner's compliance with specified conditions. Deputy Director of Development Services Johnny Perales provided information on the location of the alley closure; the location of the property to Packery Channel Park; the street system for the area; and an aerial view and photos of the property. Mr. Perales said the closure has been requested for security reasons. Shannon Gulley and Jerry Easton, owners, stated that they requested the closure because of security problems on their properties. Mr. Easton said that they have seen very little foot traffic from the neighborhood. Robert Bryan Johnson, 14257 Playa Del Rey, spoke regarding the public notification area and said the public does use the alley as access to the park. Mr. Johnson said he had a petition from the neighborhood owners opposing the closure. Mr. Johnson did not submit the petition to the City. Carolyn Moon, 5701 Calvin, suggested putting a fence and a gate on the alley for the neighborhood to have access to the park. The following topics pertaining to this item were discussed: the intended purpose for the closure of the alley; changing the typography; properties that aren't developed in the area; access routes to Packery Channel Park from the neighborhood; use of the alley for pedestrian access; requirements for constructing a fence on an easement; if there are additional reasons for the request other than security; whether the property owners plan on building a fence; the timeframe the owners have owned the two properties; whether the property owners acquired the property knowing -35- Minutes — Regular Council Meeting November 18, 2008 — Page 18 that there was an easement; the responsible party for maintaining the easement if the closure is not granted; the public notification process and radius area for notification; if there is any vertical construction on the easement; the angle and length of the easement; and whether there is a road between the park and the neighborhood. Ms. Cooper made a motion to close the public hearing, seconded by Ms. Martinez, and passed. Mr. Chapa polled the Council for their votes as follows: 21. FIRST READING ORDINANCE Consider abandoning and vacating a 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, located between Lots 12 & 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right - of -way; subject to owner's compliance with specified conditions. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Cooper, Elizondo, Hummel!, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye ". 22.a. POSTPONED 22.b. POSTPONED Mayor Garrett referred to Item 30 regarding the Crime Control and Prevention District Quarterly Project Update. Acting Chief of Police Mike Walsh referred to a powerpoint presentation including the budget for 2008 -2009; continued focus on core programs; one -time expenditures; graffiti eradication; and the Juvenile Assessment Center (JAC). Eddie Salazar, Program Manager at JAC, provided a brief overview of the total number of intakes for this quarter; day and night curfew referrals; court referrals; and the active caseload. The following topics pertaining to this item were discussed: the purchase of a second graffiti truck; the number of sites, trends, and measures detailing the impact of graffiti eradication; the location of the JAC; and prosecution for repeat graffiti offenders. Mayor Garrett referred to Item 31 regarding a presentation on the proposed smoking ban. Assistant City Attorney Elizabeth Hundley provided information on the sections of the ordinance including the declaration of policy; definitions of cigar bar, home occupation, private club, public building, retail tobacco store and smoke or smoking; prohibited areas; posting of sign and removal of ashtrays; prohibited placement of ashtrays, smoking paraphernalia, or signs that indicate smoking is permitted; exemption for retail tobacco stores; private club exemption; statement of -36- Minutes — Regular Council Meeting November 18, 2008 — Page 19 acknowledgement that smoking is allowed on outside bars, lounges, nightclubs and taverns; prohibited smoking where currently prohibited; inspection authority; miscellaneous; and notable differences from existing provisions. The following topics pertaining to this item were discussed: prohibited smoking in areas within 10 feet of the entrance to businesses; permitted smoking on outside patios; whether the ordinance addressed events at Heritage Park; total retail sales at cigar bars; banning smoking in places where people take children; bingo halls and the effect on non - profit organizations; the declaration of policy language; options for employees of establishments; and whether all bingo halls have separate rooms for smokers and nonsmokers. Mr. Kelly suggested that the ordinance include allowing smoking on patios at all business that want to make a patio available for employees or patrons to smoke. Mr. Kelly also suggested that sales from cigar bars constitute more than 40% of the total retail sales. Mayor Garrett requested changing the 10 feet from the entrance restriction if there is a dedicated door for smokers. * ** ** *** * * * ** Mayor Garrett opened discussion on Item 23 regarding the employment contract for City Manager Escobar. Council Members expressed their individual reasons for their votes regarding the appointment of the City Manager after the executive session on November 11th. City Manager Escobar stated that he would be responsive to the needs of the citizens and was committed to moving the City forward. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 23. MOTION NO. 2008 -313 Motion authorizing the Mayor to negotiate and bring back for council approval an Employment Contract for City Manager Nigel R. Escobar. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 24 regarding the 2008 Bond Capital Improvement Projects. Interim Director of Financial Services Constance P. Sanchez explained that the City anticipates incurring expenditures prior to the sale of the bonds and must declare the intent to reimburse costs for the projects so that the City can begin awarding contracts. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 24. RESOLUTION NO. 027950 Resolution expressing official intent to reimburse costs of the 2008 Bond Capital Improvements Projects in an amount not to exceed $152,645,000 for improvements to Streets, Fire Department Facilities, Police Department Facilities, Libraries, Museums, Parks and Recreation Facilities, and Bayfront Development. The foregoing resolution was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. -37- Minutes — Regular Council Meeting November 18, 2008 — Page 20 Mayor Garrett opened discussion on Item 25 regarding the public safety radio system communications system. Acting Chief of Police Mike Walsh explained that Nextel has expanded to the point that additional band width is needed to eliminate interference on bands that the public safety radio system currently occupies. Chief Walsh stated that this has affected a nation wide movement and the Federal Communications Commission (FCC) has mandated a frequency configuration that affects public safety radio frequencies. Chief Walsh said that the reconfiguration will include the purchase of new portable and mobile radios, repeaters, and the software configuration for the system. Chief Walsh stated that Nextel will pay all costs to the reconfiguration. Chief Walsh added that the agencies involved in the reconfiguration include the City of Corpus Christi, Nueces County, the City of Kingsville, and San Patricio County. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 25.a. MOTION NO. 2008 -314 Motion to authorize the City Manager or designee to execute a Frequency Reconfiguration Agreement with Nextel of Texas, Inc., in which Nextel shall pay for replacement radios and equipment to comply with order of Federal Communications Commission to minimize harmful interference to public safety radio system communications in the 800 MHz radio band. The foregoing motion was passed and approved with the following vote. Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. 25.b. MOTION NO. 2008 -315 Motion to authorize the City Manager or designee to execute a Contract with Dailey & Wells Communications, Inc., of San Antonio, Texas, for public safety radio and equipment improvements, with costs to be paid by Nextel of Texas, Inc. pursuant to the Frequency Reconfiguration Agreement. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. Mayor Garrett opened discussion on Item 26 regarding an amendment to the Beachfront Management and Construction ordinance. City Secretary Chapa announced that Council Member Kelly would abstain from the discussion and vote on Item 26. Assistant City Attorney Jay Reining g explained that this item is to implement the provision that the voters passed on November 4` regarding vehicular traffic on the seawall. Mr. Reining provided a replacement for the ordinance provided in the packet and referred to the provisions in the ordinance. Dr. McCutchon made a motion to substitute the ordinance as presented by staff. The motion was seconded by Mr. Elizondo. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Martinez, voting "Aye"; Kelly abstained; Cooper and Martinez were absent. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: -38- Minutes — Regular Council Meeting November 18, 2008 — Page 21 26. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf Beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a pedestrian safe area when the distance between the toe of the seawall to the water is less than 150 feet in width, and allowing two way vehicular traffic on the Gulf Beach between the northern end of the seawall and Padre Balli Park; establishing a pedestrian safe area between the northern end of the concrete seawall and the Packery Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations to show the approximate location of bollards to be installed on the beach; providing for penalties; providing for publication; and providing a delayed effective date. The foregoing ordinance was passed and approved as amended on its first reading with the following vote: Garrett, Elizondo, Hummell, Leal, McCutchon, and Marez, voting "Aye"; Kelly abstained; Cooper and Martinez were absent. Mayor Garrett opened discussion on Item 27 regarding software applications for the Development Services Department. Director of Municipal Information Systems Michael Armstrong referred to a powerpoint presentation on the SunGard Public Sector hosting services including the changes of the software; hosting sites; benefits; affected modules and users; costs and savings analysis; future events after the contract is approved; considerations; and other cities using hosting services. Assistant City Manager Robert Nix referred to a powerpoint presentation on the ePlan Review software including the goals; the current process and the proposed submittal procedure; examples of the software; process improvements; and next steps. The following topics pertaining to this item were discussed: the departments currently using the HTE system; the number of staff that will need to be trained; changes to online payments; maintenance contract; whether customers are aware of the changes; file formats; and whether the program has been discussed with the Development Services Advisory Group (DSAG). There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 27.a. MOTION NO. 2008 -316 Motion approving a one -year agreement for purchase of system hosting services from SunGard Public Sector of Lake Mary, Florida in the amount of $369,478 for the SunGard Public Sector suite of application modules; and ePlan Review software licensing, hosting, and services provided by SunGard Public Sector. The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. 27.b. MOTION NO. 2008 -317 Motion approving the purchase of continued annual hosting services from SunGard Public Sector of Lake Mary, Florida for the SunGard Public Sector Suite of application modules subject to annual appropriation of funds based on sole source. -39- Minutes — Regular Council Meeting November 18, 2008 — Page 22 The foregoing motion was passed and approved with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye"; Cooper was absent. Mayor Garrett opened discussion on Item 29 regarding the establishment of a fee for estimating meter reads when access to replace meter for automated meter reading program (AMR) is not provided. Assistant Director of Financial Services Mike Barrera explained that this ordinance applies to accounts that the City is trying to convert to the AMR system. Mr. Barrera stated that the ordinance will allow the City to charge a $40 fee for customer accounts that don't give access to the City. Mr. Barrera provided a background of the AMR system and stated that the City has not been provided access to 665 accounts. Mr. Barrera said the charge is for cost associated with estimating accounts. Mr. Barrera explained the process the City uses to notify customers that access is needed. The following topics pertaining to this item were discussed: the number of accounts that still need to be converted to the AMR system and the notification process. There were no comments from the audience. City Secretary Chapa polled the Council for their votes as follows: 29. FIRST READING ORDINANCE Amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish a fee for estimating meter reads when access to replace meter for the automated meter reading program is not provided; providing an effective date of January 1, 2009; and providing for publication. The foregoing ordinance was passed and approved on its first reading with the following vote: Garrett, Elizondo, Hummell, Kelly, Leal, McCutchon, Marez, and Martinez, voting "Aye "; Cooper was absent. There being no further business to come before the Council, Mayor Garrett adjourned the Council meeting at 6:10 p.m. on November 18, 2008. -40- 2 a. ARTS AND CULTURAL COMMISSION — One (1) vacancy with term to 9 -1 -09 representing the following category: Marketing. (Appointed by the Mayor subject to the confirmation by the Council) DUTIES: To recommend the use, location, lease or purchase of works of art to be considered a part of the beautification or cultural development of the City; to advise owners of private property in relation to beautification of their properties; to prepare specifications for the maintenance of works of art and to inspect such work for the guidance of the City departments concerned; to advise with respect to the design of building, bridges or other structures on city property if submitted to the Commission; to study and evaluate the activities in and the uses made of the Bayfront Arts & Science Park, and to plan the Park's development for the future activities and uses. COMPOSITION: 17 members appointed by the Mayor subject to confirmation by the Council for three -year terms to provide advice on beautification and cultural development of the City. The Commission shall represent the following categories: (2) marketing representatives; (2) Economic Development/Tourism representatives; (2) Public Space/Public Art representatives; (2) Youth/Education representatives; and one representative from Music, Visual Art, Dance, Drama, Architecture, Texas A &M University, Del Mar College, Civic Leader, and a Business development group such as the Alliance, Hispanic Chamber of Commerce, etc. The mayor may solicit suggested nominations for such appointments from the respective cultural organizations for the non- lay members. The Commission may organize and elect a Chairman annually and adopt such administrative procedures as are necessary to accomplish its purposes. ORIGINAL MEMBERS TERM APPTD. DATE Ericha Kemm (Public Art / Public Space) 9 -01 -11 9 -9 -08 Joe Pena (Visual Art) 9 -01 -10 3 -11 -08 Joseph B. Schenk (Texas A &M -CC) 9 -01 -09 3 -11 -08 Frank Trimble (Architecture) 9 -01 -11 10 -11 -05 David Berlanga (Civic Leader) 9 -01 -10 10 -9 -07 * * * *Kristi Pena (Marketing) 9 -01 -09 3 -11 -08 Heidi Hovda (Business Development) 9 -01 -09 6 -12 -07 Gloria T. Bilaye - Benibo (Dance) 9 -01 -10 12 -14 -04 Judith Prewitt, Ph.D. (Education/Youth) 9 -01 -10 8 -24 -04 Joe Hilliard (Economic Dev./ Tourism) 9 -01 -11 6 -12 -07 Lynda Jones (Public Art/ Public Space) 9 -01 -09 _ 6 -17 -03 Amorette Garza (Del Mar College) 9 -01 -11 9 -9 -08 Dr. Lan Young (Education/Youth) 9 -01 -09 9 -9 -08 Michael Kim Frederick (Drama) 9 -01 -10 6 -12 -07 Paul Bissell (Economic Dev. /Tourism) 9 -01 -10 9 -9 -08 Guadalupe Garcia (Music) 9 -01 -09 5 -10 -05 Joye LaBarrett (Marketing) 9 -01 -09 5 -09 -06 Council Liaison: Nelda Martinez, Council Member Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six-year service limitation —43— (The Arts and Cultural Commission is recommending the new appointment of Teresa Crayon.) INDIVIDUALS EXPRESSING INTEREST Teresa Crayon Veronica Dittman Jennifer Walden Director of Partnerships and Development, Corpus Christi Chamber of Commerce. Received a Business Degree with Emphasis in Marketing from Texas A &M University- Corpus Christi. (9 -3 -08) Former Marketing Director of Papa Johns. Attended Texas A & I University. Formerly with Junior League of Corpus Christi and Kiwanis Club of Corpus Christi Bay. (7 -8 -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) —44— b. BOARD OF ADJUSTMENT — One (1) vacancy with term to 4 -4 -10. (NOTE: The board has a policy of requesting the appointment of an Alternate member to a regular voting position and the appointment of a new person fills the Alternate position.) DUTIES: To hear appeals for interpretations of the zoning ordinance; for special exceptions authorized by the zoning ordinance, subject to safeguards to protect the public interest; and for variances where, owing to special conditions, the literal enforcement of the provisions of the zoning ordinance results in unnecessary hardship, so that the spirit of the ordinance shall be observed and substantial justice done. An appeal may be made to District Court if dissatisfied with the decision of the Board. Written notice of public hearing on each appeal is sent to the applicant and owners within 200 feet 10 days before the hearing date. COMPOSITION: Seven (7) members appointed by the City Council. The membership must include two (2) alternates; be residents of the City. Only five (5) members may vote, and four (4) must concur to grant an appeal. ORIGINAL MEMBERS TERM APPTD. DATE * ** *Sergio Omelas 4 -04 -10 8 -21 -07 Taylor Mauck 4 -04 -10 4 -13 -04 William Tinney 4 -04 -10 4 -13 -04 Dan Winship 4 -04 -10 8 -23 -05 Ben Molina 4 -04 -10 11 -08 -05 R. Bryan Johnson (Alternate) 4 -04 -10 4 -8 -08 Thomas E. McDonald (Alternate) 4 -04 -10 4 -8 -08 INDIVIDUALS EXPRESSING INTEREST John P. Kendall Morgan Spear President, Kendall Erosion Control Services. Received a Bachelor of Science Degree in Construction from Indiana State University. Activities include: Associated General Contractors and Builder's Association and Development Services Advisory Group. (9- 30 -08) President/Owner, Morgan Spear Associates, Inc. Received B.A. from University of Texas. Activities include: American Institute of Architects, C.C. Chapter of AIA, Texas Society of Architects, Church of the Good Shepherd, Alpha Tau Omega and Texas Exes. (11-08-07) Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —45— David J. Stevens Roofmg Consultant, Pinnacle Roofing. Received B.S. in Theology from University of Minnesota Graduate School. Activities include: Church Youth Group and Tabernacle. (4- 10 -08) —46— c. BUILDING CODE BOARD OF APPEALS — Three (3) vacancies with terms to 5 -4 -12 representing the following categories: 2 — Building Industry and 1 - Engineer. DUTIES: To hear appeals for variances to the Building Code. Owners may appeal by filing written notice on form provided by the Building Official and payment of $265 fee. The board may vary the application of any provision of the Building Code to any particular case where in its opinion the enforcement of the Code would do manifest injustice, and would be contrary to the spirit and purpose of the Code or public interest, or when in its opinion the interpretation of the Building Official should be modified or reversed. The Board must specify the manners, conditions, and reason for the variation. Either party may appeal the Board's decisions to the City Council. COMPOSITION: Seven (7) members appointed by the City Council for four -year staggered terms. It must include an architect, a general contractor, an engineer, three (3) members at large from the building industry, and one member not connected with the building industry. Quorum shall require four (4) members. ORIGINAL MEMBERS TERMS APPTD. DATES *Bill Ewing, Jr. (Building Industry) 5 -04 -08 8 -21 -07 Cliff Atnip (Not Conn WB1dg. Ind.) 5 -04 -10 5 -17 -05 John R. Dykema, Jr. (Architect) 5 -04 -11 8 -21 -07 * * ** *Ronald Wheaton (Engineer) 5 -04 -10 6 -11 -02 Mike Lippincott (Gen. Cont.) 5 -04 -11 8 -21 -07 * * * * *Jolm Taylor (Building Industry) 5 -04 -08 5 -11 -04 Don R. Boyd, Jr. (Building Industry) 5 -04 -09 5 -17 -05 (The Building Code Board of Appeals is recommending the new appointments of Ricardo Martinez (Engineer) and John Kendall (Building Industry). ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NO. % OF ATTENDANCE NAME THIS TERM PRESENT LAST TERM YEAR Bill Ewing, Jr. 1 1 100% (Building Industry) OTHER INDIVIDUALS EXPRESSING INTEREST Mike Dennis Owner, M & D Flooring, LLC. Attended Texas A & I University. Activities include: Building Owners and Managers Association and Ronald McDonald House. (Building Industry) (8 -8 -08) Legend: - *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —47— Chris Hamilton John P. Kendall Ricardo Martinez Ralph Pitzer Robert E. Powell John T. Tucker Jesse Valle Nixon M. Welsh Vice President, KJM Commercial, Inc. Received Bachelors of Science — Construction Science from Texas A &M College Station. Activities include: Associated General Contractors and Associated Builders and Contractors. (Building Industry) (2- 19 -08) President, Kendall Erosion Control Services. Received a Bachelor of Science Degree in Construction from Indiana State University. Activities include: Associated General Contractors and Builder's Association and Development Services Advisory Group. (Building Industry) (9- 30 -08) Owner/President, Martinez, Guy & Maybik, Inc. Received Bachelors Degree in Architectural Engineering from University of Texas in Austin and Masters Degee in Civil Engineering from University of Houston. Activities include: Texas Board of Professional Engineers. (Engineer) (10/10/08) Partner, GPM Engineering. Received BS in Mechanical Engineering from University of Texas in Austin. Activities include: American Society of heating, Refrigerating and Air Conditioning Engineers, National Fire Protection Association, International Code Congress, National Society of Professional Engineers, and Texas Society of Professional Engineers. (Engineer) (10/13/08) Retired. Received a B.S. in Civil Engineering. (Engineer) (2- 19 -08) Owner, John Tucker Homes. Attended Corpus Christi State University and University of Texas in Austin. Activities include: Member of Unified Development Codes, board of director for National Association of Home Builders, and Past President of Builders Association of Corpus Christi. (Building Industry)(9- 24 -07) Production Manager, Chuck Anastos Associates Architects LLC. Attended Del Mar College. Activities include: Valley Building Officials Association. (Building Industry) (2- 28 -08) Senior Engineer and Partner, Bass & Welsh Engineering. Received B.S. and M.S. in Civil Engineering from University of Texas in Austin. Activities include: Texas Society of Professional Engineers and Texas Society of Professional Surveyors. (Engineer) (11/11/08) —48— d. CORPUS CHRISTI REGIONAL ECONOMIC DEVELOPMENT CORPORATION — One vacancy with term to 12- 31 -11. DUTIES: To perform as an advisory board to the City Council and to investigate and recommend to the Council such projects as in its opinion would be advantageous to the future growth of the City and to assist the City in the establishment and location of industries. COMPOSITION: Fifteen (15) directors, four (4) directors appointed by the City Council for three -year staggered terms and one (1) director appointed by the Mayor of the City of Corpus Christi. The remainder of the Board shall be comprised of not more than six (7) persons elected by the Corporation's membership in accordance with its bylaws, two (2) appointed by the Port; the Mayor shall also serve as an ex- officio, voting director. The City Manager and Port Director shall serve as ex- officio, non - voting members. The directors shall serve three -year terms staggered as provided in the Corporation's bylaws; provided that the term of office of any director who is a public official shall coincide with his or her term of public office. MEMBERS Charlie Hicks (Membership) Edward Martin (City) * * ** *Gloria Perez (City) Leon Leob (City) Gene Guemsey (City) Mike Hummell (Mayor Appt) Rep. Judy Hawley (Port Authority) Mike Carrell (Port Authority) Dennis Payne (Membership) Paul Trevino (Membership) Tony LaMantia (Membership) Colleen McHugh (Membership) David Engel (Membership), Chair Garry Bradford (Membership) Mayor, Henry Garrett Port Director, John LaRue City Manager, 'Angel R.Escobar TERM 12 -31 -10 12 -31 -09 12 -31 -08 12 -31 -09 12 -31 -10 Term of Office (Voting) 12 -31 -10 12 -31 -08 12 -31 -08 12 -31 -09 12 -31 -10 12 -31 -09 12 -31 -10 12 -31 -09 Term of office, Voting Ex- Officio, NonVoting Ex- Officio, Nonvoting ORIGINAL APPTD. DATE 02 -22 -00 12 -11 -01 09 -11 -07 12 -10 -02 11 -13 -07 (The Corpus Christi Regional Economic Development Corporation is recommending the new appointment of either Sam Beecroft, Gary Malone, or Gary Wilson). Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —49— OTHER INDIVIDUALS EXPRESSING INTEREST Rowland Andrade Cliff Atnip Richard Bailey, Sr. Sam Beecroft David Berlanga Xiao Bohannon Executive Vice - President, Bright Energy, Inc. Attended Del Mar College and Grantham University. Activities include: American GI Forum, LULAC, SD20 Tejano Democrats, New Chapter, and Precinct Chair 113. Served on the Presidential Search Committee for Del Mar College. (2- 18 -08) Partner/Real Estate. Cobb, Lundquist and Atnip. Received B.A. in Finance from Baylor University. Member of the Rotary Club and Toastmasters. (9/5/07) Distribution/Logistics Team Leader, E.I. Dupont. Received B.A. and currently pursuing M.B.A. from Texas A & M University — Corpus Christi. Has received numerous awards for safety and cost related issues and is certified as a 6 Sigma Green Belt (Statistical Analysis). Active as a member of St. John Baptist and affiliated with OLPH Catholic Church. Formerly served on the Transportation Advisory Committee. (3- 25 -08) President, B.E. Beecroft Co., Inc. Received BS in Civil Engineering from Texas A &M University- College Station. Activities include: Former member of Mechanical/Plumbing Advisory Board, Regional Co -Chair for Texans for Lawsuit Reform, CompGroup AGC Board Member and Active Member of the Church of the Good Shepherd. (11/20/08) Financer/ManagerBusinessDeveloper /CEO, Maker Capital Group, Fung Shui Lounge, Sang &Dav LLC, and American Builders. Received Bachelors Degree from University of Texas, Austin and currently working on Masters of Public Administration/City Management, Texas State University. Activities include: Habitat for Humanity, Organizer for Hispanics Organized for Public Education (HOPE), and Social Director for Zeta Psi. (9- 18 -07) Sophomore, Mary Carroll High School. Activities include: Youth Advisory Committee, Republican Society, Junior Statesman Association, Asian Culture Club, Historical Society and Chess Teacher for Children. Recipient of 2006 Texas Girls Chess Champion, 2006 -2008 Regional Girls Chess Champion, 2007 Regional History Fair Winner and A Honor Roll. (10/10/08) —50— Jim Boller, III Gerald W. Brown, Sr. Rodney Buckwalter David Cadena Robert Cagle Ralph Coker President/Owner, Jim Boller & Associates, Inc and President of Banking Associates, Inc. Received BS in Education/Business and Minor in Economics. Recipient of #1 Salesman in the Nation for Hallmark Cards and Mosier Safe Company. (12- 31 -07) Vice President/Senior Analyst, RSI & Associates, Inc. Received degree's in Economics and Finance from Northern Virginia. Activities include: Second Baptist Church Drama Director, History Committee and Benevolence Committee, Board member of Wounded Christian Ministries and volunteer for Nueces County Chapter of the Republican National Committee. (8- 30 -07) Manager, Quality and Performance Improvement, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University - Corpus Christi. Activities include: Member of American Society for Training and Development and Texas A &M University - Corpus Christi Alumni Association, and is a Del Mar College Hall of Fame Inductee (8- 30 -07) Vice President - Credit Products Underwriter, Bank of America. Received B.A. from Texas A & M University - Corpus Christi. Activities include: C.C. Hispanic Chamber of Commerce and the PDAP Fundraiser. (9 -4 -07) Vice President of Turnaround Division, Repcon, Inc. Received BS in Engineering Science and Mechanics from North Carolina State University and Masters of Business Administration from Lamar University, Beaumont. Activities include: Member of Rotary Club of Corpus Christi. (9- 21 -07) Retired. Formerly Vice President and General Manager of Coastal Corporation. Received Bachelor of Industrial Engineering. Served in the Military Reserve. Activities include: Corpus Christi Chamber of Commerce - Co -Chair of Infrastructure Group and Ex Officio Member, District Director and Past Chair of Local Chapter of SCORE. Recipient of Corpus Christi Chamber of Commerce Chairman's Award and 2006 SCORE Counselor of the Year. (12- 10 -07) Ariana Cordero - Senior, West Oso High School. Activities include: National Honor Society, Student Council, and Interact Club. (10/3/08) —51— Sherri Darveaux Dr. Haysam Dawod Jeff Edmonds Dr. George H. Fisher 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, Dentist. Received BS from Corpus Christi State University and Doctor of Dental Surgery from University of Texas, Dental Branch, Houston, Texas. Activities include: American Dental Association, Corpus Christi Evening Rotary Club, and Volunteer Dentist for Clinca Corpus Christi- Guatemala. Graduate of Leadership Corpus Christi, XXDC. (8- 30 -07) Branch Manager, URS Corporation. Received BS in Civil Engineering and Master of Engineering from North Carolina State University. Received MBA from University of North Carolina. Activities include: Corpus Christi Rotary Club. (11- 21 -07) President, Ear, Nose and Throat Associates. Received 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 former Chief of Staff of Driscoll Children's Hospital. (9- 21 -07) Mary Jane Garza Assistant Superintendent, West Oso Independent School District. Received B.S., M.S. and Ed.D. Activities include: Bishop's Guild, Literacy Council, Hispanic Women of the Coastal Bend and PDK. (11 -8 -07) 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. (3- 12 -08) Art Granado Owner, The Insurance Group. Attended Texas A & I University. Activities include: Chairman of The Heart of Corpus Christi, Forward Corpus Christi — Grass Roots Committee, Leadership Class XXVIII, and CBAHU. (9 -4- 07) —52— Marie Guajardo Joe Guzman Chris Hamilton Gail Hoffman Mariah Howard Joshua Hinojosa Received Bachelor of Business Administration from University of Texas, San Antonio College of Business. Activities include: A.C.R.A San Antonio, CREW San Antonio, and A.I.A San Antonio. (2- 25 -07) Director of Business Development, McTurbine, Inc. Attended Del Mar College, University of Maryland, Army Maintenance Management School, Air Force Industrial Maintenance Management School, Airline Maintenance Management School, and Army Personnel Management for Executives School. Activities include: Ethics Commission and Workforce Development Board. (7- 23 -07) Vice President, KJM Commercial, Inc. Received Bachelors of Science — Construction Science from Texas A &M College Station. (1- 10 -07) Executive Director, Images for Conservation Fund Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Govemment) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 7-07) Junior, Mary Carroll High School. Activities include: Youth Advisory Committee, Environmental Society, and Junior Council. (11/10/08) Owner, J & R Janitorial Services, Kitchen Supervisor, Del Mar College (West Campus) and Security Guard. Attended Del Mar College, Restaurant Management. Activities include: Coastal Bend Restaurant Association, Texas Restaurant Association, Texas Today Adults Tomorrow, Former Member of Chamber of Commerce and Hispanic Chamber of Commerce. (1- 22 -08) R. Bryan Johnson Self - employed, Real Estate Broker. Received B.S. in Applied Sociology from Texas State University and pursuing M.A. from Texas A & M — Corpus Christi to become a Certified Commercial Investment Manager. Interested in serving the community. (9- 25 -07) Lea Lenahan Realtor, Lighthouse Realty. Received BS in Exercise Science and MPH in Public Health. (1- 14 -08) —53— Jerry Lipstreu Ed A. Lopez Gary Malone Gerard Navarro, Jr. Sergio Ornelas Joe Ortiz John W. Owen Area Manager, Kleinfelder. B.A. in Botany at University of Texas, Austin. Activities include: Associated Builders and Contractors Board Member and West Corpus Christi Rotary Member. (9- 19 -07) Chief Lending Officer, Executive Vice President, Advisory Director, Texas Champion Bank. Received BBA- Finance from Texas A &I University, Kingsville, Texas and Graduate School of Banking from University of Wisconsin, Madison, Wisconsin. Activities include: Nueces County Tax Appraisal District Board Member. (12- 10 -07) Community Bank President Coastal Bend Market, Wells Fargo Bank. Received BA from Oklahoma Baptist University and MBA from Oklahoma City University. Activities include: Corpus Christi Chamber of Commerce, Corpus Christi Rotary Club, Corpus Christi Community Development Corporation, American Cancer Society, American Heart Association, and United Fund. (11- 24 -08) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (9 -8 -08) President, Omelas Construction Group, Inc. Served in the United States Marine Corp. Activities include: former member of the Hispanic Contractors, former Vice President of HCA de Tejas and current member of the Associated Builders and Contractors. (9- 19 -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) President/CEO, Goodwill Industries of South Texas, Inc. Received B.S. in Education from the University of Wisconsin and Goodwill Industries International Executive Training Program. Activities include: Southside Rotary Club, Karen E. Henry Foundation for Accessible Housing, Texas Association of Goodwill Industries and Leadership C.C. Alumni. (9- 26 -07) —54— Monica Pena -Moore Carl L. Powell Richard Pulido Mary Ann Rojas Donald E. Russell Reagan Sahadi Director of Special Events, Corpus Christi Chamber of Commerce. Activities include: Cub Master, Wednesday Morning Group, Task Force for national Multiple Sclerossis Society, Annual MS150 Ride, Junior Achievement, and Relay for Life with the American Cancer Society. (12 -1 -08) Retired, Bureau of Prisons. Received B.S. in Psychology from Loyola University. Activities include: CASA/ Health and Human Services Volunteer. (1- 11 -08) Regional Superintendent/Business Development Officer, Space and Warfare Command. Received BS, Business Management from Park University and currently pursuing Management Graduate Degree at Embry- Riddle University. Retired Chief United States Navy. Activities include: Senior Deacon and Chairman — Master Plan Committee at Real Life Fellowship. (6- 18 -07) 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) Associate Attomey, Donnell, Abernethy & Kieschnick. Undergraduate in Business from St. Edward's University. Received Law Degree from University of Houston. Activities include: Young Lawyers and Corpus Christi Bar Association. (8- 24 -07) —55— Woodrow Mac Sanders Earl V. Schoolfield Latrice M. Sellers Michael Shooshan Willis B. Vickery Jennifer Walden Danny D. Williams 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) Advisor, E.V.S. and Associates. Received B.B.A. in Accounting and Economics from University of Cincinnati, College of Business Administration and Ohio Mechanics Institute, Mechanical Engineering. (12- 11 -07) Department Head/FSMIV, Texas Department of Criminal Justice. Received A.A. in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach ", and State Democratic Executive Committee for Women. (8- 30 -07) 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) Retired. Substitute Teacher in Special Education for Corpus Christi Independent School District. Ticket Taker at Whataburger Field and American Bank Center. Received B.S. in Education and M.S. in Supervision and Administration. (12- 11 -07) 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) Marketing/Driver, Papa Johns. Attended McPherson College. Volunteer Pop Warner Coach. (4/17/07) —56— Guy Conner Williams Marsha Williams Gary Wilson Attorney, self - employed. Received Associate in Arts Degree from Del Mar College, Bachelor of Science Degree, Criminal Justice, Minor in Accounting from Texas A &I, Doctor of Jurisprudence, South Texas College of Law, Houston, Texas. Activities include: Military Order of Purple Heart, Vietnam Veterans of America, Sheriff's Association of Texas, Texas State Rifle Association, Life member of Corpus Christi Morning Coffee Group. Received the Purple Heart Award. (2 -8 -07) Realtor, Re/Max Metro Properties. Received B.A. in Business from Texas A & I University Kingsville. Active member of the Kiwanis Club and the Re/Max Lifetime Hall of Fame. (9 -5 -07) City President, BBVA Compass Bank. Received Bachelor of Business Administration from Texas State University and attended Southwest Graduate School of Banking at Southern Methodist University. Graduate of Realtors Institute — Texas Real Estate Broker. Activities include: Port Aransas Preservation and Historical Association Trustee and President of Driscoll Children's Hospital Development Board. (11- 21 -08) —57— e. ETHICS COMMISSION — One (1) vacancy with term to 10 -1 -11. (Requires 2/3 vote of the full Council) DUTIES: In addition to having jurisdiction of complaints involving any "city official ", the duties of this commission are to prepare and publish pamphlets and other materials explaining the duties of individuals subject to the code of ethics; review all statements and reports filed with the city; annually review the code of ethics and make appropriate recommendations to the city council; review all public opinions related to the code of ethics that are issued by the city attorney; prepare and disseminate a report listing all campaign contributions and expenditures for each candidate within 30 days following the deadline for filing the last campaign finance reports for each city council election. The commission shall have such meetings as may be necessary to fulfill its responsibilities. The chairperson or any three (3) members may call a meeting provided that reasonable notice is given to each member. The commission shall meet at least once a year. The date of the annual meeting shall be in September. The commission shall comply with the Texas Open Meetings Act. COMPOSITION: Nine members appointed by a two- thirds vote of the full council. Nominations are to be solicited from a wide variety of professional and community organizations in the city but interested individuals may also submit their names for consideration. Initially, the terms of three members shall be one year, and the initial terms of another three terms shall be two years. The persons having such shorter terms shall be determined by lot. No holding over is permitted except as expressly provided in the code of ethics. The commission shall elect a chairperson and a vice - chairperson. ORIGINAL MEMBERS TERM APPTD. DATE Linda Figueroa 10 -01 -09 5 -10 -05 Harlan Heitkamp 10 -01 -09 11 -11 -03 *Dr. Nicholas Adame 10 -01 -11 10 -25 -05 Rebecca Esparza 10 -01 -11 10 -14 -08 Laura Hebert 10 -01 -10 11 -13 -07 Joe Guzman 10 -01 -09 10- 14-03 Rick Marcantonio 10 -01 -10 12 -14 -04 Robert N. Corrigan. 10 -01 -10 10 -14 -03 James Richard Cramer, Chair 10 -01 -11 10 -14 -03 (The Ethics Commission is recommending the new appointment of Randall Barrera). *Mr. Adame was elected to a public office and per the City Charter is ineligible to serve. OTHER INDIVIDUALS EXPRESSING INTEREST Kay H. Aeby Self- employed, Administrator. Activities include: Past American Cancer Society Volunteer and Board Representative. Former Member of the Downtown Redevelopment Committee. (6-15-07) —58— Randall Barrera Aaron Castro Ariana Cordero Servando R. Dimas Ryan Evans Angie Flores Attorney, Self - Employed. Received BA from Southwest Texas State University and Juris Doctor from Texas Southern University. Activities include: Hispanic Chamber of Commerce, America' Registry of Outstanding Professionals, Texas Trial Lawyers Association and the Texas Bar Association. (10- 19 -07) Operations, KZTV 10. Currently a Student at Texas A &M University- Corpus Christi. Involved in Local Politics. Recipient of Employee of the Month at Action Ten News. (9 -9 -08) Senior, West Oso High School. Activities include: National Honor Society, Student Council, and Interact Club. (10/3/08) Retired, Director of Foster Grandparent Program for Corpus Christi State School. Attended College. Activities include: Planning and Decision Making Team — Shaw Elementary School and Mary Grett Memorial School, Lindale Senior Center Member, and Volunteer at Driscoll Children's Hospital. (10 -6 -08) 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) Leasing Agent, Landlord Resources. Attended Massey Business School, University of Shopping Centers and is a Licensed Real Estate Agent. Activities include: Boys & Girls Club of Corpus Christi Board, Leadership Corpus Christi Board of Governors, Heart of Corpus Christi Board Member and Downtown Redevelopment Committee. (10- 4-07) Jack Gordy Retired military. High school graduate plus one year at Del Mar College. (11- 06 -07) 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. (2- 19 -08) —59— James L. Hinnant Melissa Hofstetter Gerard Navarro, Jr. Attended College. Activities include: Neighborhood Initiative Program — Neighborhood Initiative Council and Neighborhood Initiative Program #17 Leader. (9 -2 -08) Spaulding for Children. (9- 14 -07) 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 Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A &M- Corpus Christi. (9- 08 -08) Robert E. Powell Retired. Received a B.S. in Civil Engineering. (2- 19 -08) Michael R. Ramsey Retired, United States Air Force and Federal Aviation Administration. Received AA from Community College of the Air Force and BS from Embry Riddle Aeronautical University. Activities include: Tutor with the Corpus Christi Literacy Council. Recipient of Four AF Commendation Medals and Three Meritorious Service Medals. (10- 13 -08) Woodrow Mac Sanders —_ 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) Michael Shooshan 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) William (Bill) Strawn Retired. Formerly 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 Elder on Session, Endowment Committee and Finance Committee at Parkway Presbyterian Church. (10- 16 -08) —60— Arthur J. Valdez SAH Agent/Senior Appraiser, Department of Veterans Affairs. Attended Saint Mary's University and San Antonio College in San Antonio, Texas. Activities include: Knights of Columbus, Church Activities, and LULAC. (10- 23 -08) —61— f. NORTH PADRE ISLAND DEVELOPMENT CORPORATION — Three (3) vacancies with terms to 12- 31 -10. DUTIES: To manage the Reinvestment Zone No. Two and implement the project and financing plan. COMPOSITION: Not less than five (5) nor more than nine (9) directors, appointed by the City Council. Each initial Director shall serve a term that expires on December 31, 2002; thereafter, terms are two years. Each director must be a resident and qualified elector of the city. Each Director shall serve until a successor is appointed. Any director may be removed from office at any time, with or without cause, by the City Council of the city. MEMBERS TERM Mike Hummell, Vice President 12 -31 -09 Henry Garrett 12 -31 -09 Michael McCutchon, President 12 -31 -09 John Marez 12 -31 -08 Melody Cooper 12 -31 -09 Larry Elizondo 12 -31 -09 Nelda Martinez 12 -31 -08 Priscilla Leal 12 -31 -08 *Terms are due for John Marez, Nelda Martinez, and Priscilla Leal. —62— g. OIL AND GAS ADVISORY COMMITTEE - Two (2) vacancies with terms to 12 -31- 11 representing the following categories: 1 - General Public and 1 - Oil Industry. (Appointed by the Mayor with approval of the Council) DUTIES: The committee shall make a continuing study of operations for the exploration, drilling, and production of oil, gas and minerals and the possible effects of same upon the environment, public health, safety and general welfare of the City. COMPOSITION: Eight (8) persons who are residents of Corpus Christi: three (3) members from the oil and gas well industry; three (3) members from the general public who are not connected with the oil and gas well industry; and two (2) alternates: one (1) from the general public to serve in the absence of a public members, and one (1) from the industry to serve whenever an industry member is absent. Public members shall be appointed by the Mayor with approval of the Council; industry members shall be appointed by the Mayor with approval of the Council from those persons nominated by the oil and gas well industry. Members are appointed for three -year terms ending December 31, and may succeed themselves. Meetings are called by the Chairman or any three (3) members of the Committee within specified time limits. Four members constitute a quorum. The committee annually elects its own chairman and vice chairman. Members receive no compensation for their services. MEMBERS Charles Jacobs (Oil Industry) Lois Huff (General Public) Gretchen Arnold (General Public), Vice Chair *Hortencia B. Sanchez (General Public) *Glen Cooper (Oil Industry) John Cantu (Oil Industry), Chair Tom Fisher (Alt, General Public) Chet Freeman (Alt., Oil Industry) TERM 12 -31 -09 12 -31 -09 12 -31 -10 12 -31 -08 12 -31 -08 12 -31 -10 12 -31 -10 12 -31 -10 ORIGINAL APPTD. DATE 12 -16 -03 9 -12 -06 12 -14 -04 9 -12 -06 12 -14 -04 9 -12 -06 5 -29 -07 3 -11 -08 ATTENDANCE RECORD OF MEMBER SEEKING REAPPOINTMENT NO. OF MTGS. NAME THIS TERM Hortencia Sanchez (Gen.Public) 4 Glen Cooper (Oil Industry) 4 NO. PRESENT 1 3 Legend: *Seeking reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —63— % OF ATTENDANCE LAST TERM YEAR 25% 75% OTHER INDIVIDUALS EXPRESSING INTEREST Rowland Andrade Ariana Cordero Thomas A. Cranford B. Scott Hines Phillip G. Levasseur Gerard Navarro, Jr. Robert E. Powell William Strawn Executive Vice - President, Bright Energy, Inc. Attended Del Mar College and Grantham University. Activities include: American GI Forum, LULAC, SD20 Tejano Democrats, New Chapter, and Precinct Chair 113. Served on the Presidential Search Committee for Del Mar College. (Oil Industry) (2- 18 -08) Senior, West Oso High School. Activities include: National Honor Society, Student Council, and Interact Club. (General Public) (10/3/08) Senior Adm Specialist, Halliburton Energy Services. Experience in Multi- Product Line in Oil and Gas Well Service. (Oil Industry) (2- 19 -08) President/Engineer, Aurora Resources Corporation. Received B.S. in Natural Gas Engineering from Texas A &I University. Activities include: Society of Petroleum Engineers and Tau Beta Phi Engineering Honor Society. (Oil Industry) (2- 18 -08) Employed at Texas A &M University, Corpus Christi. Attended Texas _ A &M University, Corpus Christi. (General Public) (2- 22 -08) Substitute Teacher, Corpus Christi Independent School District. Currently attending Texas A&M- Corpus Christi. (General Public) (9 -8 -08) Retired. Received a B.S. in Civil Engineering. (General Public) (2- 19 -08) 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. (General Public) (9/01/07) —64— h. PORT OF CORPUS CHRISTI AUTHORITY OF NUECES COUNTY, TEXAS — One (1) vacancy with term to 1 -1 -12. DUTIES: Those set in Article XVI, Section 59 of the Texas Constitution. COMPOSITION: Seven (7) members appointed as follows: three (3) City Council, four (3) Nueces County Commissioners Court and one (1) San Patricio County for staggered terms. ORIGINAL MEMBERS TERM APPTD. DATE Ruben Bonilla, Jr. (City), Chairman 1 -01 -10 8 -12 -97 *Bernard A. Paulson (City), Vice - Chairman 1 -01 -09 10 -08 -96 Yolanda G. Olivarez (County) 1 -01 -09 12 -18 -96 Robert J. Gonzalez, Sr. (County) 1 -01 -09 1 -11 -00 Kenneth Berry (County) 1 -01 -11 11 -23 -04 Mike Carrell (City) 1 -01 -11 8 -28 -01 Judy Hawley (San Patricio) 1 -01 -10 1 -1 -04 INDIVIDUALS EXPRESSING INTEREST Richard Bailey, Sr. Norman Baker Richard Bell Distribution/Logistics Team Leader, E.I. Dupont. Received B.A. and currently pursuing M.B.A. from Texas A & M University — Corpus Christi. Has received numerous awards for safety and cost related issues and is certified as a 6 Sigma Green Belt (Statistical Analysis). Active as a member of St. John Baptist and affiliated with OLPH Catholic Church. Formerly served on the Transportation Advisory Committee. (3- 25 -08) Owner, Estoy Pronto, Inc. Received B.S from Eastern Illinois University. Activities include: Central Illinois Bank Board Member, Marine Bank Board Member, Plastic Container Corporation Board Member, and Padre Island Business Association. (10/18/07) Owner /Senior Captain, Coastal Bend Yacht Services. Retired United States Navy. Received Bachelors Degree in Management from Excelsior College. Currently a Graduate Student at Texas A &M University in Accounting. Licensed Merchant Marine Master. Activities include: Member of Sunrise Rotary Club and Serves on Building and Grounds Committee for YWCA. Recipient of Numerous Military Awards and Decorations. (3- 20 -07) Legend: *Term has expired and is ineligible for reappointment * *Not seeking reappointment ** *Resigned * ** *Exceeded number of absences allowed by ordinance * * ** *Has met six -year service limitation —65— David Berlanga Gerald W. Brown, Sr. Rodney Buckwalter Ralph Coker Financer/ManagerBusinessDeveloper /CEO, Maker Capital Group, Fung Shui Lounge, Sang &Dav LLC, and American Builders. Received Bachelors Degree from University of Texas, Austin and currently working on Masters of Public Administration/City Management, Texas State University. Activities include: Habitat for Humanity, Organizer for Hispanics Organized for Public Education (HOPE), and Social Director for Zeta Psi. (9- 18 -07) Vice President/Senior Analyst, RSI & Associates, Inc. Received degree's in Economics and Finance from Northern Virginia. Activities include: Second Baptist Church Drama Director, History Committee and Benevolence Committee, Board member of Wounded Christian Ministries and volunteer for Nueces County Chapter of the Republican National Committee. (8- 30 -07) Manager, Training & Quality, First Data Corporation. Received A.A. from Del Mar College, B.A. and M.S. from Texas A & M University — Corpus Christi. Activities include: Management Development Advisory Committee — Del Mar College, American Society for Training and Development, Patriot's Band and Honor Guard of America (8- 30 -07) Retired. Formerly Vice President and General Manager of Coastal Corporation. Received Bachelor of Industrial Engineering. Served in the Military Reserve. Activities include: Corpus Christi Chamber of Commerce — Co -Chair of Infrastructure Group and Ex Officio Member, District Director and Past Chair of Local Chapter of SCORE. Recipient of Corpus Christi Chamber of Commerce Chairman's Award and 2006 SCORE Counselor of the Year. (12- 10 -07) Elisha R. Dickerson III 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. (4 -5 -07) James Doughty Vincent E. Doyle Operator, Valero Refining. Received Bachelor of Science from Teas A &M University - Corpus Christi. Activities include: Community Volunteer and Member of CCA and SEA. (3- 24 -08) Engineering Service, Corpus Christi Army Depot. Received Trade School Vocational Certification. Interested in serving community. (9- 12 -07) —66— Francis I. Gandy, Jr. Ernest R. Garza Mary Jane Garza Coretta Graham Paul Grivich Eduardo Hinojosa Attomey, Self - Employed. Received BA in Mathematics and Law Degree from Baylor University. Served in the United States Marine Corps. Manager and Part Owner of F.I. Gandy Farms and President of Gandy - Robertson, Inc. Activities include: Vestry of Church of Good Shepherd, Kiwanis Club, Corpus Christi Marina Advisory Board, Coastal Bend Youth City, Corpus Christi Yacht Club, Crime Stoppers, American Cancer Society, Corpus Christi Bar Association, State Bar of Texas, and Admissions Committee District. Serves as Special Prosecutor for State Bar of Texas and United States District Court, Southern District of Texas. (9 -9 -08) President, Emest R. Garza & Co., P.C. Received B.A. in Accounting from C.C. State University and is a Certified Public Accountant and Real Estate Broker. Activities include: Director of the Nueces River Authority Board, Chamber of Commerce, Habitat for Humanity, Hispanic Chamber and Northwest Business Association. Received Accountant of the Year Award. (9- 21 -07) Assistant Superintendent, West Oso Independent School District. Received B.S., M.S. and Ed.D. Activities include: Bishop's Guild, Literacy Council, Hispanic Women of the Coastal bend and PDK. (1 -08 -07 Assistant District Attorney, Nueces County. Received J.D. from Texas Southern University. Activities include: Coastal Bend Volunteer Center, Community Youth Development, Corpus Christi Bar Association, and NAACP. Received the 2004 Consortium of Doctors Induction. (9- 25 -07) Owner, Grivich Research Company, Independent Contractor, Lesix Nexis and Senior Partner, L &G Consulting, LLC. Received Associate of Arts Degree from Lee College and Bachelor of Science Degree from Sam Houston State University. Activities include: Nueces County Appraisal District Board of Directors. Former Director of Hispanic Chamber Commerce and City of Corpus Christi Zoning Commission. (2- 13 -08) 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) —67— Joshua Hinojosa Gail Hoffman Rose Mary Knippa Anthony LaMantia Joe Ortiz RoseMarie Olivarez Roy Pell Owner, J & R Janitorial Services, Kitchen Supervisor, Del Mar College (West Campus) and Security Guard. Attended Del Mar College, Restaurant Management. Activities include: Coastal Bend Restaurant Association, Texas Restaurant Association, Texas Today Adults Tomorrow, Former Member of Chamber of Commerce and Hispanic Chamber of Commerce. (1- 22 -08) Executive Director, Images for Conservation Fund. Formerly Executive Director, Associated General Contractors. Received Bachelor of Arts (Government) from the University of Texas at Austin. Graduate of Leadership Corpus Christi Class XV and Leadership Texas 2002. Activities include: City of Corpus Christi Development Services Advisory Group, Co -Chair of the Images for Conservation Photo Contest South Texas, Business Partner with Moody High School Industrial Trades Academy, and Corpus Christi Independent School District Career and Technology Advisory Committee. (12- 7-07) Owner, Valdez Fleet Sales. Attended Del Mar College and Business College. Formerly Served on Nueces County Appraisal Review Board. (10 -4 -07) Partner, L & F Distributors. Received Bachelor of Arts and Bachelor of Business Administration from Southern Methodist University. Activities include: U.S.S. Lexington Museum on the Bay, Corpus Christi Regional Economic Development Corporation, and Corpus Christi S.T.A.R.S. (11- 21 -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) Attended College. Activities include: Neighborhood Initiative Program — Model Block Program Leader and Neighborhood Initiative Council (9 -2 -08) President, South Side Automotive Spec. Inc. Received AAS Applied Science from Northern Virginia Community College. Activities include: and Chairman, Board Vice Chair for WorkSource, and Division Captain, United States Coast Guard Auxiliary. (10 -8 -07) —68— Richard Pulido George G. Richard Elizabeth Chu Richter Reagan Sahadi Woodrow Mac Sanders Latrice M. Sellers Morgan Spear Regional Superintendent/Business Development Officer, Space and Warfare Command. Received BS, Business Management from Park University and currently pursuing Management Graduate Degree at Embry - Riddle University. Retired Chief United States Navy. Activities include: Senior Deacon and Chairman — Master Plan Committee at Real Life Fellowship. (6- 18 -07) CITGO Refinery. Received BS in Mechanical Engineering. (3- 20 -08) CEO, Richter Architects. Received Bachelor of Architecture from University of Texas at Austin. Activities include: Christus Spohn Health System Board Member, Federal Reserve Bank of Dallas, San Antonio Branch Board Member, Texas Society of Architects and The Shape of Texas Radio Program. (2- 22 -08) Associate Attomey, Donnell, Abernethy & Kieschnick. Undergraduate in Business from St. Edward's University. Received Law Degree from University of Houston. Activities include: Young Lawyers and Corpus Christi Bar Association. (8- 24 -07) 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) Department Head/FSMIV, Texas Department of' Criminal Justice. Received A.A. in Communications from Del Mar College. Activities include: Steering Committee for Flour Bluff I.S.D. Educational Foundation, cable access show "Community Outreach ", and State Democratic Executive Committee for Women. (8- 30 -07) President, Morgan Spear Associates, Inc. Received Bachelor of Architecture Degree from University of Texas. Activities include: American Institute of Architects, Corpus Christi Chapter of AIA, Texas Society of Architects, Church of the Good Shepherd Episcopal Church, and Alpha Tau Omega. (11 -8 -07) —69— Willis B. Vickery Retired. Substitute Teacher in Special Education for Corpus Christi Independent School District. Ticket Taker at Whataburger Field and American Bank Center. Received B.S. in Education and M.S. in Supervision and Administration. (12- 11 -07) Jonathan Wagner 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. (5- 29 -07) Sam Watson Agent, State Farm Insurance. Received a B.A. in Psychology. Member of the National Association of Insurance and Financial Advisors. (9 -6 -07) —70— 3 Requested Council Action 12/09/08 Alternate Date 12/16/08 COUNCIL MEMORANDUM RECOMMENDATION: ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A ONE -YEAR LEASE AGREEMENT, WITH OPTION TO EXTEND FOR UP TO TWO ADDITIONAL ONE -YEAR TERMS, WITH WAR -CAT YOUTH FOOTBALL LEAGUE, A NON - PROFIT ORGANIZATION, AND NUECES COUNTY, FOR THE USE OF EQUISTAR FIELD LOCATED NEAR THE INTERSECTION OF MCKINZIE ROAD AND HAVEN DRIVE, FOR ITS YOUTH FOOTBALL ATHLETIC PROGRAM IN CONSIDERATION OF MAINTAINING THE PREMISES AND IMPROVEMENTS; AND DECLARING AN EMERGENCY. ****************************************************** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** Background: Purpose: Oxy Petrochemicals Inc. donated a property that included 31 acres to the City of Corpus Christi and Nueces County as tenants in common on April 28, 1997. At one time, this property was known as Oxy Chem Park and is now known as Equistar Park. The deed requires that this Property be used as a youth sports facility. In 1998, the City leased the property to Northwest Youth Football League for a 10 year lease period. The lease has expired prompting the City to solicit proposals for a new lease. In an effort to provide youth football in the Northwest area of Corpus Christi, the City issued a Request for Proposal (RFP). The City solicited responses from proposers interested in leasing the athletic fields located at Equistar Park for the purpose of allowing youth football /soccer sports activities. The proposed lease is for a one year term. The term includes an option to extend for up to two additional one -year terms, subject to the approval of the Lessee and the City Manager or his designee. The facility is offered "as is." This is a no -cost lease. Lessee will not be required to provide any monetary remuneration in exchange for the lease of the athletic fields at Equistar Park. However, the lease agreement does require the lessee to maintain the property including litter control, upkeep and mowing of the fields. Award Basis: A request for proposal was advertised and issued to four prospective proposers. Two proposals were received. Proposals were evaluated across three major criteria: Technical Solution, Proposer's Profile & Qualifications and Exceptions. An evaluation team comprised of representatives from Parks & Recreation and Purchasing reviewed the proposals and scored each according to the criteria above. The War -Cat Youth Football League is recommended for award as it ed the highest overall score and represents the Best Overall Value to City. Michael Barrera Assistant Director of Financial Services —73— CITY OF CORPUS CHRISTI PURCHASING DIVISION BUYER - MARIA PEDRAZA Date: 12/9/08 Request for Proposal No.: BI- 0035 -09 Lease of Equistar Fields Summary Evaluation Matrix Evaluation Maximum Criteria Score Technical Solution 50 Proposer's Profile & Qual. 45 Exceptions 5 Total Score War -Cat Youth Football League Annaville Youth Football League 32.00% 42.50% 38.30% 14.90% 5.00% 5.00% 100 75.30% 62.40% —74— EQUISTAR PARK LEASE AGREEMENT This lease agreement ( "Lease ") is entered into by and between the City of Corpus Christi, a Texas home rule municipal corporation ( "City"), acting through its duly authorized City Manager or designee ( "City Manager "), Nueces County ( "County ") acting through its duly authorized agent, and War -Cat Youth Football League ( "Lessee "), a Texas non - profit corporation, acting through President of Lessee. WHEREAS, the City and County jointly own Equistar Park; a portion of which will be known as the "Premises "; WHEREAS, the Lessee desires to use the Premises for its football sports program; and WHEREAS, the City and County desire to allow Lessee to use the Premises for its football sports program. NOW, THEREFORE, the City, County, and Lessee, in consideration of the mutual promises and covenants herein, agree as follows: Section 1. Term. Subject to the remaining terms and conditions hereof, the original term of this Lease is one year (1) year, beginning on date of last execution, which is , unless sooner terminated as set out herein. The term includes an option to extend for two additional one year terms subject to the approval of the Lessee and the City Manager or his designee ( "City Manager ".) Section 2. Contact Person /Lease Administrator. For this Lease, the contact person and lease administrator for the City and County is the Director of Parks and Recreation or his designee ( "Director "). Section 3. Premises and Improvements. City and County lease to Lessee the Premises, as described and delineated as "Site A" in Exhibit A the site map which is attached hereto and incorporated herein this Agreement by reference, and all improvements to the Premises ( "Improvements ") including, without limitation, the fields, fences, irrigation systems, and the grassed areas. Section 4. Consideration. Lessee must utilize the premises in accordance with City's bid invitation BI- 0035 -09 to operate a football sports program in accordance with Lessee's proposal, both of which are incorporated by reference as if fully set out herein. Lessee must also maintain the Premises and all Improvements on a year -round basis in accordance with all maintenance rules, with respect to this Lease, set out by the City Manager or his designee in effect now and as promulgated in the future. Failure to maintain the Premises and all Improvements in accordance with these rules constitutes grounds for termination of this Lease. At a minimum, maintenance includes: (A) Lessee shall pick up and properly dispose of litter on a daily basis whenever the Premises are being used and weekly during the rest of the year; (B) Lessee shall keep fully operational and in good repair the fields, irrigation systems and fair weather parking area, which is located on the Premises; —75— 1 (C) Lessee must immediately report any vandalism to the Director, or his designee, and the Corpus Christi Police Department, Nueces County, Texas; (D) Lessee must keep safe and in good repair the bleachers; Lessee must repair the bleachers within 48 hours after the need for repair is, or should have been discovered; (E) Lessee shall keep the access roads: dust free, free of debris, properly designated, and free of potholes in accordance with standards issued by the Director that are in force now and as promulgated in the future. Lessee must repair potholes within ten (10) days after the need for repair is or should have been discovered; (F) Lessee shall maintain the sports fields within the Premises boundary lines. Grass on the sports fields must not exceed three (3) inches. Lessee must mow the sports fields within one (1) week after grass reaches three (3) inches in height. At least one month prior to the start of any season or pre- season practice, the fields must be gradually cut shorter and brought into playing condition. Failure to keep the grass on the sports fields at or below three (3) inches in height or to properly bring the fields back to playing condition will be grounds for termination of this Lease. (G) Lessee will provide normal, scheduled mowing of the Premises. Lessee will be responsible for maintaining the sports fields as set out in Section 4 herein below. Furthermore, Lessee will be responsible for maintaining the grass in the adjacent viewing /access areas at a safe height not to exceed six (6) inches; and (H) Lessee must provide portable toilets for public use whenever the Premises are being used for league activity. The portable toilets must be serviced and sanitized at least once a week or as often as the circumstances require as determined by the Director. Section 5. Understanding. Lessee acknowledges and understands that use of the Premises is expressly conditioned on the understanding that the Premises and all Improvements must be returned in as good a condition as received, reasonable use and wear, acts of God, fire and flood damage or destruction, where Lessee is without fault, excepted. Section 6. Joint Use. City and County retain joint use of the Premises and Improvements during the term of this Lease, subject to Lessee's right to exclusive control of the Premises during its use for youth program purposes. Lessee must not deny access to nor use of the Premises to the general public for unorganized activities when the Premises are not being used by Lessee. Requests for scheduled organized activities by other organizations will be reviewed for approval or denial by the Director and Lessee. —76— 2 Section 7. Primary Purpose. Lessee must establish and maintain a recreational area with the primary purpose being for the operation of a youth program and for no other purpose without the Director's prior written approval. Section 8. Additions or Alterations. (A) Lessee shall not make any additions nor alterations to the Premises nor to any Improvements without Director's prior written approval. If approved, Lessee must obtain clearance, in writing, from City's Risk Management Department (Risk Management) that the proposed addition or alteration will be covered under the insurance policy in force during the term of this Lease before proceeding with any type of addition or alteration to the Premises or to the Improvements. (B) All additions or alterations must be made at Lessee's expense. All additions or alterations installed by Lessee must be repaired or replaced at Lessee's expense and may be removed by Lessee at the expiration or termination of the Lease if they may be removed without damaging the Premises or any Improvements. All additions or alterations made by Lessee which are not removed at the expiration or termination of this Lease become the property of City and County without necessity of any legal action. Section 9. Utilities. Lessee must pay for all utilities used by it or for any activity sponsored by Lessee on the Premises prior to the due date for payment. Failure to pay any utility bill on or before the due date is grounds for termination of this Lease. Section 10. Signs. (A) Lessee must not exhibit, inscribe, paint, erect, or affix any signs, advertisements, notices, or other lettering (Signs) on the Premises or on any Improvements without the Director's prior written approval. (B) If Signs are approved, the Director, in writing, may require Lessee to remove, repair, or repaint any Signs. If the Signs are not removed, repaired, or repainted within ten (10) days of the Director's written demand, the City may do or cause the work to be done, and Lessee must pay the City's costs within thirty (30) days of receipt of Director's invoice. Failure to pay the City's costs within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 11. Advertising. The Director has the right to prohibit any advertising by Les- see which impairs the reputation of the Premises or the City. Section 12. Security. Lessee shall contract and pay for any and all security it requires at the Premises during the term of this Lease. Section 13. Inspection. The City Manager and the Director, Nueces County, or their respective designee, has the right to inspect the Premises and /or the Improvements at any time during the term of this Lease. If an inspection reveals that maintenance is not being properly carried out, the Director, or his designee, may provide written notice to Lessee demanding compliance. If Lessee has not complied within five (5) days after receipt of the demand, the City may undertake the work and Lessee shall pay the City's cost plus ten percent (10 %) overhead within thirty (30) days of receipt of the Director! . nvoice. Failure to pay the City's invoice for 3 maintenance within thirty (30) days of receipt of the invoice constitutes grounds for termination of this Lease. Alternatively, the City may elect to terminate this Lease after ten (10) days written notice to Lessee. Section 14. Non - Discrimination. Lessee shall not discriminate nor permit discrimination against any person or group of persons, as to employment and in the provision of services, activities, and programs, on the grounds of race, religion, national origin, sex, physical or mental disability, or age, or in any manner prohibited by the laws of the United States or the State of Texas. Section 15. Compliance with Laws. (A) Lessee must comply with all Federal, State, and local government laws, rules, regulations, and ordinances, which may be applicable to its operation at the Premises and its performance under this Lease. This Lease is also subject to applicable provisions of the City Charter. (B) All actions brought to enforce compliance with any law or to enforce any provision of this Lease will be brought in Nueces County where this Lease was executed and will be performed. Section 16. Costs. Noncompliance with the terms herein may result in termination of this Lease and repossession of the Premises and its Improvements by the City and County or their agents. If legal action is undertaken to enforce compliance or collect damages resulting from noncompliance, Lessee must pay all of the court costs and ex- penses, including reasonable attorneys' fees. Section 17. Indemnity. Lessee, its officers, members, partners, employees, representatives, agents, and licensees (collectively, Indemnitoes) covenant to fully indemnify, save, and hold harmless the City, County, their respective officers, employees, representatives, and agents (collectively, Indemnitees) from and against all claims, demands, actions, damages, losses, costs, liabilities, expenses, and judgments asserted against or recovered from City and or County on account of injury or damage to person including, without limitation on the foregoing, premises defects, 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 , (1) the existence, use, operation, maintenance, alteration, or repair of Premises and the Lessee sports program; (2) the exercise of rights under this Lease; (3) an act or omission, negligence, or misconduct on the part of Indemnitees or any of them or other persons having involvement in, participation with, or business with the Premises, Lessee, or the Lessee's sports program whether authorized with the express or implied invitation or permission of Lessee (collectively, Lessee's Invitees) entering upon the Premises or its —78— Improvements pursuant to this Lease, or trespassers entering upon the Premises or its Improvements during Lessee's use or physical occupation of the Premises; or (4) due to any of the hazards associated with sporting events, training, or practice as a spectator or participant including, but not limited to, any injury or damage resulting, wholly or in part, proximately or remotely, from the violation of any law, rule, regulation, ordinance, or government order of any kind; and including any injury or damage in any other way and including all expenses arising from litigation, court costs, and attorneys fees, which arise, or are claimed to arise from, out of, or in connection with the asserted or recovered incident. Lessee covenants and agrees that if City or County is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Lease, Lessee 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 City and County in all actions based thereon with counsel satisfactory to 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. Section 18. Insurance. (A) Lessee must secure and maintain at Lessee's expense, during the term of this Lease, a Commercial General Liability insurance policy with the limits and requirements shown on Exhibit B, which is attached hereto and incorporated herein by reference. Failure to maintain such insurance at the limits and requirements shown on Exhibit B constitutes grounds for termination of this Lease. (B) Lessee must provide proof, by Certificate of Insurance meeting the limits and requirements set out in Exhibit B ", to the Director and Risk Management prior to commencing use of the Premises under this Lease. (C) Lessee must provide the Director and Risk Management thirty (30) days written notice of cancellation, intent not to renew, or material change of any insurance coverages required herein. (D) Lessee shall, during the term of this Lease, provide copies of all insurance policies to the City Manager or the Director upon written request. (E) Lessee shall, prior to any addition or alteration to the Premises or to the Improvements, obtain clearance, in writing, from Risk Management, as per Section 8 as set out herein this Lease. Section 19. No debts. Lessee shall not incur any debts nor obligations on the credit of City during the term of this Lease. Section 20. Termination. If there is noncompliance with one or more of the provisions contained herein, the Director shall give Lessee written notice to cure or begin curing the -79- 5 default(s) within ten (10) days of receipt of the notice. If Lessee is not in compliance or in substantial compliance with each provision identified by the Director within ten (10) days of receiving said notice, this Lease will terminate for cause upon written notice of termination and listing one or more areas of continued noncompliance. Section 21. Notice. All notices, demands, requests, or replies provided for or permitted, under this Lease, 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 or registered mail, return receipt requested, postage prepaid. 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. All such communications must only be made to the following: IF TO CITY: IF TO LESSEE: City of Corpus Christi Attn: Director of Parks & Recreation P. O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 880-3461 War -Cat Youth Football League Attn: President P. O. Box 8525 Corpus Christi, TX 78468 Phone: (361) 265 -9264 IF TO COUNTY: Nueces County Board of Park Commissioners Attn: Director of Parks & Recreation P. O. Box 18608 Corpus Christi, Texas 78480 Any party may change the address to which notice is sent by using a method set out above. Lessee will notify the Director of an address change within thirty (30) days after the address is changed. Section 22. List of Officers. (A) Lessee must submit its current List of Officers (List) to the Director within ten (10) days of commencement of this Lease. Further, Lessee, on the subsequent yearly anniversary dates of this Lease, must submit its current List to the Director. Failure to submit a current List, either within ten (10) days of commencement or annually as required by this section, shall constitute grounds for termination of this Lease. (B) The List must contain each person's title, name, address, home phone, and office or fax phone, if applicable. Section 23. Reporting. Lessee shall submit reports listing the number of youth and teams registered by Lessee to play football each year during the term of this Lease. The reports must be submitted as requested by the Director. Section 24. Holdover. Upon expiration of this Agreement, Lessee may holdover upon the same terms and conditions for a maximum of 12 months. If use of the Premises is granted to someone else, Lessee must vacate the Premises within 30 days after receipt of Director's notice to vacate. During the holdover period, this agreement may be terminated without cause upon 30 days written notice. —80— Section 25. Amendments. No alterations, changes, or modifications of the terms of this Lease nor the waiver of any provision will be valid unless made in writing and signed by a person authorized to sign agreements on behalf of each party. Section 26. 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 hereunder. B. No waiver of any covenant or condition or of the breach of any covenant or condition of this Lease by either party at any time, express or implied, shall be taken to constitute a waiver of any subsequent breach of the covenant or condition nor shall justify or authorize the nonobservance on any other occasion of the same or any other covenant or condition hereof. C. If any action by the Lessee 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 Lessee's default of any provision of this Lease shall not be considered an estoppel against the City. It is expressly under- stood that, if at any time Lessee is in default in any of its conditions or covenants hereunder, the failure on the part of City to promptly avail itself of said 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 Lease on account of said default. Section 27. Force Maieure. No party to this Lease will be liable for failures or delays in performance due to any cause beyond their control including, without limitation, 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 28. Assignment and Sublease. This Lease may not be assigned, transferred, or sublet directly or indirectly without the prior written consent of the other parties. Section 29. Publication. Lessee agrees to pay the cost of newspaper publication of this Lease and related ordinance as required by the City Charter. No publication is required for a one year lease. Section 30. Captions. The captions in this Lease are for convenience only, are not a part of this Lease, and do not in any way limit or amplify the terms and provisions of this Lease. Section 31. Severability. A. If, for any reason, any section, paragraph, subdivision, clause, provision, phrase, or word of this Lease 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 Lease, 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, fortis the definite intent of the parties to this Lease 7 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 Lease, then the remainder of this Lease 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 Lease automatically. Section 32. Sportsmanship Program. Lessee shall require that all of its coaches and at least one family member of each youth participant complete a state or nationally recognized, or Director approved, parent and coach sportsmanship program prior to the first game of the season for specific sport. Section 33. Complaint Notice. Lessee will post a notice at Premises, in a form approved by the Parks Director, that if any participant or spectator has any complaints or concerns they may contact the City at 880 -3461 and talk to the Parks Director, or designee. Section 34. Entirety Clause. This Lease and the attached and incorporated exhibits constitute the entire agreement between the parties. EXECUTED IN TRIPLICATE, each of which shall be considered an original, on this the day of , 2008. War -Cat Youth Football League By: ; \(�.� \1/4 \i041io i/ President, Rita Olivarez Date: 1 d. -%.�Ck STATE OF TEXAS COUNTY OF NUECES ' This instrument was acknowledged before me on eunte{t_3 , 2008, by Rita Olivarez, President of War -Cat Youth Football Le •:� "�"•� JOSIE EVERETT e ; Notary Public, State of Texas V.), rr My Commission Expires October 17, 2009 • Notary 'Ur gue, on behalf of said organization. lic, Stag of Texas Printed name: a■S to CUe Commission expires: -82- NUECES COUNTY By: Name: Title: Date: CITY OF CORPUS CHRISTI By: 'Angel R. Escobar, City Manager Date: ATTEST: Armando Chapa, City Secretary Approved as to legal form this 1 day of December, 2008. By: t- Lisa Aguilar, Astant City Attorney For the City Attomey —83— 9 ntgre.syra 5o..—ww—to — — LL. _ a I I a t j r IN3N3SY1 30111i1Y110 -84- - 8 4 - EXHIBIT B INSURANCE REQUIREMENTS I. SUCCESSFUL BIDDER'S LIABILITY INSURANCE A. Successful Bidder must not commence work under this agreement until all insurance required has been obtained and such insurance has been approved by the City. Successful Bidder must not allow any subcontractor to commence work until all similar insurance required of any subcontractor has been obtained. B. Successful Bidder must furnish to the City's Risk Manager or designee, 2 copies of Certificates of Insurance, showing the following minimum coverage by an insurance company(s) acceptable to the City's Risk Manager. The City of Corpus Christi and Nueces County must be named as additional insured on the General liability policy. TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30 -day written notice of cancellation, material change, non - renewal is required on all certificates Bodily Injury and Property Damage Per occurrence aggregate Commercial General Liability including: 1. Commercial Form 2. Premises — Operations 3. Products/ Completed Operations Hazard 4. Contractual Liability 5. Broad Form Property Damage 6. Independent Contractors 7. Personal Injury — Advertising Injury $1,000,000 Combined Single Limit C. In the event of accidents of any kind, Successful Bidder must furnish the City's Risk Manager with copies of all reports of any accidents within 10 days of the accident. IL ADDITIONAL REQUIREMENTS A. Successful Bidder's fmancial integrity is of interest to the City and County; therefore, subject to Successful Bidder's right to maintain reasonable deductibles in such amounts as are approved by the City, Successful Bidder shall obtain and maintain in full force and effect for the duration of this Contract, and any extension hereof, at Successful Bidder's sole expense, insurance coverage written on an occurrence basis, by companies authorized and admitted to do business in the State of Texas and with an A.M. Best's rating of no less than A- (VII). B. The City shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies). Successful Bidder shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Successful Bidder shall any costs incurred resulting from said changes. All notices under this Article shall be given to City at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (361) 826 -4555- Fax # C. Successful Bidder agrees that with respect to the above required insurance, all insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City of Corpus Christi and Nueces County and their officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City and the County, • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi and Nueces County where the City and the County are additional insureds' shown on the policy; • Provide thirty (30) calendar days advance written notice directly to City of Corpus Christi and Nueces County of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. D. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City and the County. City and County shall have the option to suspend Successful Bidder's performance should there be a lapse in coverage at any time during this contract. Failure to provide and to maintain the required insurance shall constitute a material breach of this contract. E. In addition to any other remedies the City and County may have upon Successful Bidder's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City and County shall have the right to order Successful Bidder to stop work hereunder, and/or withhold any payment(s) which become due to Successful Bidder hereunder until Successful Bidder demonstrates compliance with the requirements hereof. F. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property resulting from Successful Bidder's or its subcontractors' performance of the work covered under this agreement. G. It is agreed that Successful Bidder's insurance shall be deemed primary and non - contributory with respect to any insurance or self insurance carried by the City of Corpus Christi and Nueces County for liability arising out of operations under this contract. H. It is understood and agreed that the insurance required is in addition to and separate from any other obligation contained in this contract. 2008 RFP for Lease of Equistar Ball Fields Ins .req. 9 -16 -08 ep Risk Mgmt. _86_ ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A ONE - YEAR LEASE AGREEMENT, WITH OPTION TO EXTEND FOR UP TO TWO ADDITIONAL ONE -YEAR TERMS, WITH WAR -CAT YOUTH FOOTBALL LEAGUE, A NON - PROFIT ORGANIZATION, AND NUECES COUNTY, FOR THE USE OF EQUISTAR FIELD LOCATED NEAR THE INTERSECTIONOF MCKINZIE ROAD AND HAVEN DRIVE, FOR ITS YOUTH FOOTBALL ATHLETIC PROGRAM IN CONSIDERATION OF MAINTAINING THE PREMISES AND IMPROVEMENTS; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the City Manager or his designee is authorized to execute a one -year lease agreement, with option to extend for up to two additional one -year terms, with War -Cat Youth Football League, a non - profit organization, and Nueces County, for the use of Equistar Field located near the intersection of McKinzie Road and Haven Drive, for its youth football athletic program, in consideration of maintaining the premises and improvements. A copy of the Agreement is on file with the City Secretary. 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: December 1, 2008 By: \-4#3"--1---' 00 Lisa Aguilar, Assistant City Attorney for City Attorney Henry Garrett Mayor -87- 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 —88— 4 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/09/2008 AGENDA ITEM: A. Motion authorizing the City Manager or his designee to accept funding in the amount of $1,600 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department. B. Ordinance appropriating $1,600 from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department in Fund 1020 Police General Fund; and declaring an emergency ISSUE: The Police Department has received grant funds from Target that must be accepted and appropriated. BACKGROUND: The Police Department has been awarded a law enforcement grant from Target in the amount of $1,600 for the purchase of a digital camera with high power zoom lens and related accessories to assist the Repeat Offender Program. The program focuses on the small number of offenders who are committing the vast majority of property related crimes. REQUIRED COUNCIL ACTION: Accept the grant and appropriate the funds. CONCLUSION AND RECOMMENDATION: Staff recommends accepting the grant and appropriating the funds. Attachments: ✓ Award document -91- M. J. Walsh Acting Chief of Police TARGET October 3, 2008 Mr. Greg Shipley Detective Corpus Christi Police Department 321 John Sartain Blvd. Corpus Christi, TX 78401 Dear Mr. Shipley: Target is pleased to inform Corpus Christi Police Department that a $1,600 grant has been approved to support (the) Digital Equipment to Combat ORC. In addition to the grant check, we have enclosed a Charitable Contribution Receipt. Please take a moment to complete the receipt and return it to us so we can comply with Internal Revenue Service guidelines. We also ask that you identify us as "Target" if you choose to produce any announcements or articles in recognition of this grant. In 1990, Target established the Law Enforcement Grant Program. This program supports criminal justice agencies working to make our communities safer. Since its inception, the Law Enforcement Grant Program has awarded millions of dollars to local law enforcement. Since 1946, Target has given 5% of its income to the communities we serve. We are proud to partner with organizations like yours to inspire education, make the arts affordable and accessible, and foster safe families and communities nationwide. If you have any questions about the grant program or other opportunities to partner with Target, contact AP.Community @Target.com. Thank you for the work you do every day to make a difference in your community. Sincerely, Target Community Relations Enclosures: Check, Charitable Contribution Receipt 1000 Wallet Mall, TPS£t$2 Minneapolis, MN 55403 VENDOR NAME CORPUS CHRISTI POLICE VENDOR NO. 000597287 1OF 1 DOCUMENT NUMBER CODE DOC.DATE GROSS AMOUNT DISCOUNT AMOUNT NETAMOUNT 164207NM 1 08/08/08 1600.00 0.00 1600.00 GROSS AMOUNT DISCOUNT AMOUNT I NET AMOUNT DATE OF CHECK CHECK NO. 1600.00 0.00 1600.00 09/24/08 447669 PLEASE PROVIDE CHECK 8, VENDOR 4, AND DOCUMENT1 WHEN WRITING OR CALL TARGET (198) 4401002 'CODE 1- INVOICE NO. 3- DEBRMEMO NO. 2- CREW METRO NO. REMOVE DOCUMENT ALONG THIS PERFORATION O Txlp1 P.O. Bar 1298 MMnopoofa, MN 55440-1296 tNl Ik._Fm1�o Bwk, N A 1eM Mr't-- Mf:... PAY ONE THOUSAND SIX HUNDRED AND 00 /100 -- TO THE CORPUS CHRISTI POLICE ORDER DEPARTMENT OF 321 JOHN SARTAIN BLVD CORPUS CHRISTI TX 78401 DATE :i199/24/08 11'00004476890 I :09 29051681: 4 9 9000 9 6 4 211' -93- 93-516 929 447689 CHECK NO. 4990009642 NET AMOUNT 1,600.00 THIS CHECK It VOID IF. NOT CASHED»V IN 5- MONTHS ORDINANCE APPROPRIATING $1,600 FROM TARGET FOR THE PURCHASE OF EQUIPMENT TO ASSIST THE REPEAT OFFENDER PROGRAM FOR THE POLICE DEPARTMENT IN FUND 1020 POLICE GENERAL FUND; AND DECLARING AN EMERGENCY BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That $1,600 is appropriated from Target for the purchase of equipment to assist the Repeat Offender Program for the Police Department in Fund 1020 Police General Fund; and declaring an emergency. SECTION 2. That upon written request of the Mayor or five Council Members, the City Council (1) finds and declares an emergency due to the need for immediate action for the efficient and effective administration of City affairs; and, (2) suspends that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings, so that this ordinance is passed and takes effect as an emergency measure upon its first reading, this the day of December, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa, City Secretary Henry Garrett, Mayor Approved as to form December 2, 2008 T. Tnsha Dang Assistant City Attomey For City Attorney -94- TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the attached ordinance, an emergency exists requiring suspension of that Charter rule which requires an ordinance to be considered and voted upon at two regular meetings. Therefore, I/we request that you suspend said Charter rule and finally pass this ordinance on the date of its introduction, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor, City of Corpus Christi The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizbndo, Sr. Mike Hummel! Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -95- 5 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 9. 2008 AGENDA ITEM: A. Motion approving purchase of backup software and hardware from Sigma Solutions of San Antonio, Texas in the amount of $660,278.00 including five -year support and maintenance services, for the following software and hardware: EMC Networker /EDL software; EMC Avamar de- duplication software and appliances; EMC Virtual Tape Library; upgrade to the StorageTek tape backup hardware; project management; and staff training. The purchase will be financed over a five - year period. The solution is the first phase in creating a disaster recovery system and increased data storage systemSigma Solutions is a State of Texas Go Direct Vendor 174 - 289 - 3658 -100. B. Motion approving the purchase of continued annual maintenance from Sigma Solutions of San Antonio, Texas for the Networker /EDL software, EMC Avamar software, Virtual Tape Library, and StorageTek hardware solution subject to annual appropriation of funds. ISSUE: MIS Department is looking to improve data survivability in case of a disaster; to improve availability; and to provide economic backup storage for the City's data by deploying an EMC DL4206 Virtual Tape Library (VTL) including five years on -site support and maintenance, upgrading the current SUN /StorageTek L180 to Linear Tape Open (LT04) tape drives, implementing EMC's Avamar de- duplication software and appliances including five years support and maintenance, and implementing EMC's Networker /EDL backup software solution including five years support and maintenance. BACKGROUND: The current tape management solution is over seven years old and in need of updating. Our current backup window is approximately 24 hours and extends into the workday, causing performance problems with a number of applications. This solution is expected to reduce that window to 8 hours. We currently backup 12 terabytes of data. This solution provides additional capacity that will accomodate expected growth in stored data for at least five years. Deploying currently available technology will enable the City to take advantage of faster backup and restore capabilities needed to confidently store and retrieve City data. The tape backup solution consists of Networker /EDL backup management software, Avamar de- duplication software, a 73 terabyte Virtual Tape Library (VTL), and an upgrade of the current tape drives to LT04 which will hold 400 -800 gigabytes each. The Networker /EDL backup management software provides ease of use and manageability with dashboard user features, GUI interface and intuitive wizards for setup and reporting which will enable both daily backups and the ability to configure full and incremental backups on an as needed basis. The Avamar de- duplication software and appliances reduces duplicated data found on disk to one copy thereby reducing the total amount of storage space and the number of tapes ne%ied to complete backups. The Virtual Tape Library consisting of 73 terabytes of disk storage provides for replicating the data on disk thereby minimizing the risk of data loss, reducing the backup and restore duration, allowing rapid recovery of data when needed, and providing rapid data compression with advanced encryption. Upgrading the current StorageTek tape library to LTO4 drives enables use of tapes with eight times the capacity of the current ones which will result in a significant reduction in the number of tapes required for backups and to store off -site. Project management and training will complete the implementation. This combination of the virtual tape library, backup software and tape drive upgrade will enable critical data and system backups to be performed without impacting the production environment. Deploying this backup technology is the first step in providing a data disaster recovery solution. It will allow for data redundancy and availability for all major hardware platforms, and also ensure continued uninterrupted operations. Data redundancy is the first step in establishing an IT disaster recovery plan. The MIS Department is actively looking into redundant servers and networking which will be needed to ensure the City's ability to continue operation in case of a disaster. REQUIRED COUNCIL ACTION: City Council approval is required for all expenditures over $50,000. PREVIOUS COUNCIL ACTION: In December 2001, authorized purchase of Tivoli backup software. FUNDING: Funding will be from Municipal Information Systems 530190 - 5210 - 40470. CONCLUSION AND RECOMMENDATION: Staff recommends approval as presented. Armstro Director of MIS —100— 6 AGENDA MEMORANDUM Date: December 9, 2008 SUBJECT: Gift Agreement and appropriation of grant funds for Library AGENDA ITEM: a. Resolution authorizing the City Manager, or designee, to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries, in the amount of $5,000.00 for purchase of computers for the Northwest Branch Library. b. Ordinance appropriating a $5,000.00 gift from the Friends of Corpus Christi Public Libraries into the General Fund No. 1020, Organization No. 12830, Account No. 520100, for the purchase of computers for the Northwest Branch Library; changing FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 to increase revenues and appropriations by $5,000.00 each; and declaring an emergency. ISSUE: Flint Hills has donated $5,000.00 for computers for the Northwest Branch Library. RECOMMENDED COUNCIL ACTION: Staff recommends approval of Gift Agreement and appropriation of funds. {g Herb Canales Director of Libraries —103— A RESOLUTION AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A GIFT AGREEMENT WITH THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES, IN THE AMOUNT OF $5,000.00, FOR PURCHASE OF COMPUTERS FOR THE NORTHWEST BRANCH LIBRARY. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The City Manager, or designee, is authorized to execute a Gift Agreement with the Friends of Corpus Christi Public Libraries, in the amount of $5,000.00 for the purchase of computers for the Northwest Branch Library. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Henry Garrett Mayor, City of Corpus Christi APPROVED AS TO FORM: December 1, 2008. /ak inr . __ t Yv a Ag As istant City Attorney For City Attorney -104- Corpus Christi, Texas of , 2008 The above resolution was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummell Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon -105- GIFT AGREEMENT BETWEEN THE CITY OF CORPUS CHRISTI AND THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES COMPUTERS FOR THE NORTHWEST BRANCH LIBRARY This agreement ( "Agreement ") is made by and between the City of Corpus Christi ( "City"), a home rule municipal corporation organized under the laws of the State of Texas, and the Friends of Corpus Christi Public Libraries ( "Friends "), a 501 (c) (3) organization which solely exists to benefit the City's public libraries. For and in consideration of the covenants, undertakings, and consideration stated in this Agreement, the parties mutually agree as follows: (1) The City accepts a gift ( "Gift ") from the Friends in the amount of $5,000.00, which will be used solely and exclusively for computers for the Northwest Branch Library. (2) Any portion of the Gift not disbursed by the City by July 31, 2009 will be reimbursed to the Friends. (3) This Agreement cannot be assigned, modified, or amended unless both parties mutually consent to the assignment, modification, or amendment. Additionally, any assignment, modification, or amendment must be made in writing and executed by representatives of each party. (4) This Agreement will be interpreted in accordance with the laws of the State of Texas. —106— Executed in duplicate, each of which shall be considered an original, on this the day of , 2008. ATTEST: Armando Chapa City Secretary CITY OF CORPUS CHRISTI Angel R. Escobar City Manager Approved as to form: 44(44M. M. , 2008. tte A A'sistant City Attomey for the City Attorney FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES By By: /i Kenne L. Kellar, President /Aid?/ Zit< 512 • ichael A. Howell, Treasurer —107— Date Date 6 AN ORDINANCE APPROPRIATING A $5,000.00 GIFT FROM THE FRIENDS OF CORPUS CHRISTI PUBLIC LIBRARIES INTO THE GENERAL FUND NO. 1020, ORGANIZATION NO. 12830, ACCOUNT NO. 520100, FOR THE PURCHASE OF COMPUTERS FOR THE NORTHWEST BRANCH LIBRARY; CHANGING FY 2008 -2009 OPERATING BUDGET ADOPTED BY ORDINANCE NO. 027776 TO INCREASE REVENUES AND APPROPRIATIONS BY $5,000.00 EACH; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That a $5,000.00 gift from the Friends of Corpus Christi Public Libraries is appropriated into the General Fund No. 1020, Organization No. 12830, Account No. 520100, for the purchase of computers for the Northwest Branch Library. SECTION 2. That the FY 2008 -2009 Operating Budget adopted by Ordinance No. 027776 is changed to increase revenues and appropriations by $5,000.00 each. SECTION 3. That upon written request of the Mayor or five Council members, copy attached, the City Council (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure this the 9th day of December, 2008. ATTEST: THE CITY OF CORPUS CHRISTI Armando Chapa City Secretary Henry Garrett Mayor APPROVED AS TO FORM: December 1, 2008 I Afoul I , Y ;Ate Ag A istant City Attorney for City Attorney —108— 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: Uwe, 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 -109- 7 CITY COUNCIL AGENDA MEMORANDUM December 9, 2008 AGENDA ITEM: (A) Motion adopting the timetable for the FY2009 Consolidated Annual Action Plan that is the planning and application process for the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME) and Emergency Shelter Grants (ESG) programs. (B) Motion reaffirming Community Development Block Grant and HOME Investment Partnerships Program objectives and guidelines as previously approved and amended by City Council Policy No. 9. REQUIRED COUNCIL ACTION: Adopting the timetable for the FY2009 Consolidated Annual Action Plan (CAAP) and reaffirming the CDBG /HOME Program objectives and guidelines as adopted by City Council. RECOMMENDATION: Staff recommends adoption of the timetable for the FY2009 CAAP process and reaffirmation of the CDBG /HOME program objectives and guidelines. IMPLEMENTATION SCHEDULE: FY2009 CAAP Timetable ADDITIONAL SUPPORT MATERIAL Background Information Pt FY2009 Schedule 3i CDBG /HOME Guidelines Gt -113- Daniel Gallegi5 Jr. CD Administrator AGENDA MEMORANDUM BACKGROUND INFORMATION a. Each year the City Council approves the upcoming Community Planning and Development (CPD) Grant Programs planning and an implementation calendar. The FY09 CAAP is the application for funding under the CPD formula grant programs administered through the U.S. Housing and Urban Development (HUD) that include the Community Development Block Grant (CDBG), HOME Investment Partnerships (HOME), and Emergency Shelter Grants (ESG). The proposed schedule enclosed as Attachment "A" provides a comprehensive list of activities. Key dates are: January 5, 2009 January 23, 2009 February 2, 2009 February 27, 2009 April 14, 2009 April 21, 2009 June 12, 2008 Release Pre - Application forms for the CDBG, ESG and HOME Programs Deadline to submit Pre - Application form s for the CDBG, ESG and HOME Programs (Prerequisite for submitting Full Application) Release Full Application (Request for Proposals) for the CDBG, ESG and HOME Programs Deadline to submit Full Application (Request for Proposals) for the CDBG, ESG and HOME Programs City Council Public Hearing — Proposed FY2009 CAAP City Council Adoption — FY2009 CAAP Submit CAAP to HUD As in the past, neighborhood, nonprofit and focus group meetings will be conducted in January and February. Meeting notices and requests for proposals will be published and mailed to interested organizations. Technical assistance workshops will also be held and mandatory for nonprofit and for profit (in the area of economic development) organizations to attend should they be submitting a request for proposal to the CDBG, HOME and ESG programs. Information will be forwarded to the local media to increase citizen participation. The adopted schedule will be also be added to the City's website. b. Over the 33 years of the CDBG Program, the City Council has gradually developed concise set of City Council policies for the CDBG Program. In March 1994, these policies were formally codified into the policies and general rules and procedures of the City Council. Each year at the beginning of the CDBG Program staff brings these policies back to the City Council for reaffirmation for their continued use. Staff believes that these policies require updating while allowing for flexibility for programs that have served the Council and the City extremely well over the numerous years. Staff recommends that the Council reaffirm the CDBG /HOME Program objectives and guidelines as enclosed in Attachment "B." —114— ATTACHMENT "A OFFICE OF COMMUNITY DEVELOPMENT COMMUNITY PLANNING & DEVELOPMENT (CPD) PROGRAMMING FY2009 CONSOLIDATED ANNUAL ACTION PLAN (CAAP) SCHEDULE December 31 Publish Technical Assistance Workshops /Neighborhood Meeting(s) /Public Hearings /Deadlines for Pre - Applications & Full Applications (Request for Proposals) January & February Preliminary Planning / Technical Assistance Workshops /Neighborhood Meeting(s) /Public Hearing Presentation January 5 Release Pre - Application form (CDBG, HOME and ESG Programs) January 23 Deadline to submit Pre - Application form (Mandatory for CDBG, HOME and ESG programs) February 2 Release Full Application (Request for Proposal) for the CDBG, HOME and ESG Programs February 27 Deadline to submit Full Application (Request for Proposal) April 1 Forward to City Council FY2009 CAAP books April 5 Publication of City Council Public Hearing on the Proposed FY2009 CAAP April 14 City Council Public Hearing - Proposed FY2009 CARP with Staff Recommendations for Full Applications submitted April 21 City Council Adoption - FY2009 CAAP April 29 Submit Final FY2009 CAAP Summary & Proposed Use to Caller - Times May 3 Publication of Final FY2009 CP /AAP Summary May 4 30 day Citizen's Comment Period begins May 8 Notify Council of Governments (COG) of FY2009 CDBG Projects (Executive Order 12372 Requirement) June 2 End of Citizen's Comment Period for the FY2009 CARP June 12 Submit FY2009 CAAP to HUD (Due by June 16) July 10 HUD 15 day comment period - Notice of Finding of No Significant Impact and Notice of Intent to Request a Release of Funds -115- ATTACHMENT "B" RESOLUTION - MARCH 22, 1994 021901* Reaffirmed on December 18, 2007 COMMUNITY DEVELOPMENT BLOCK GRANT & HOME PROGRAMS Through the Community Development Block Grant Program, the City Council provides for the development and preservation of a viable urban community, a suitable living environment, decent housing and expanded economic opportunities, principally for persons of low and moderate income, and aids in the prevention or elimination of slums and blight. The City carries out its objectives by providing for appropriate streets and drainage, housing, recreational opportunities, neighborhood preservation, and revitalization, and economic development as needed. To ensure that these objectives are achieved, the following guidelines shall be as follows: a. No Community Development Block Grant Funds will be authorized to applicant agencies for the support of operating expenses, with the exception of economic development projects that create jobs. b. No capital grants will be made without sufficient evidence of the financial capacity of the applying agency to operate the program. c. Priority will be given to those applying agencies that make substantial new capital contributions to the project for which they are seeking funds. d. Housing shall be maintained as the top priority for the CDBG program as well as placing greater emphasis on public infrastructure (City) in CDBG eligible tracts. e. No individually funded CDBG project will be eligible for future CDBG funding for a minimum of two years from the date of its last funding. (This excludes projects which are specifically staged for several years of CDBG funding such as a street project which has its engineering funded one year and its construction the next). f. Program Income generated from the CDBG Housing Program is a revolving fund and will be applied towards the Single Family Rehabilitation and Reconstruction Loan Program. Program Income generated from the HOME Program will be applied towards maintaining or creating affordable housing in our community. * Adopting Policies and General Rules and Procedures of the City Council —116— 8 AGENDA MEMORANDUM December 9, 2008 AGENDA ITEM: Ordinance Appropriating $778,503 from Federal Aviation Administration Grant No. 3 -48- 0051 -43 -2008 in the No. 3020 Airport Capital Improvement Fund for construction of Maintenance Equipment Building, Phase II and to Rehabilitate Taxiway M, Phase I at the Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $778,503; and Declaring an Emergency ISSUE: The Federal Aviation Administration (FAA) funds major capital improvements at Corpus Christi International Airport (CCIA) through its Airport Improvement Program (AIP) grants. The FAA has offered Grant 43 to the City of Corpus Christi to fund construction of a maintenance equipment building and rehabilitation of Taxiway M. The grant is in the amount of $778,503 with the Airport contributing a 5% match with Airport Capital Reserve funds. FUNDING: Funding is available from Airport Capital Improvement Funds and FAA Grants. PREVIOUS COUNCIL ACTION: Mav 13, 2008 - Ordinance authorizing acceptance of 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 July 08, 2008 Ordinance Appropriating $2,234,346 from the Federal Aviation Administration Grant No. 3 -48- 0051 -40 -2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems, Phase II; Modify Aircraft Rescue & Fire Fighting Building, Phase 1; Construct Perimeter Service Road, Phase I: and Construct Maintenance Equipment Building, Phase I at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,234,346. Ordinance Appropriating $2,500,000 from the Federal Aviation Administration Grant No. 3 -48- 0051 -41 -2008 in the No. 3020 Airport Capital Improvement Fund to Improve Airport Drainage, Area VI, Phase II at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,500,000. —119— Ordinance Appropriating $2,800,000 from the Federal Aviation Administration Grant No. 3 -48- 0051 -42 -2008 in the No. 3020 Airport Capital Improvement Fund to Rehabilitate Taxiway Systems, Phase II at Corpus Christi International Airport; amending FY2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $2,800,000. Ordinance transferring $600,100 from Airport Capital Reserve Fund 4611 and appropriating $600,100 into the Airport CIP Fund — Capital Reserve Fund 3020A to Rehabilitate Taxiway Systems, Phase II; Modify Aircraft Rescue & Fire Fighting Building, Phase 1; Construct Perimeter Service Road, Phase I; Construct Maintenance Equipment Building, Phase I and to Improve Airport Drainage, Area VI, Phase II at Corpus Christi International Airport; the amending FY 2008 Capital Budget adopted by Ordinance No. 027546 to increase appropriations by $600,100cy RECOMMENDATION: Approval of the Ordinance as presented. ADDITIONAL SUPPORT MATERIAL Exhibit A. Background Information Ordinance —120— Fernando A. Director of Aviation BACKGROUND INFORMATION ADDITIONAL INFORMATION: The City has received an offer for FFA Grant 3 -48- 0051 -43 -2008 in the of amount $778,503 for construction of an maintenance equipment building and rehabilitation of Taxiway M. The grant covers 95% of the project(s) cost with the Airport's match of 5 %. Authorization to accept the grant by resolution is necessary to proceed with the award process. The City Council formally authorized the City Manager to accept the grants by resolution on May 13, 2008. PROJECTS DESCRIPTION: The grant will fund the following improvements: Maintenance Equipment Building - 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. Rehabilitation of Taxiway M - This taxiway requires improvements in conjunction with the U.S. Coast Guard's (USCG) 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. FUNDING: Funding is available from the FAA Grant and Airport CIP Funds. —121— t...15...v...1Vlike Nicely Manager, Texas Airports Development Office 0 U.S. Department of Transportation Federal Aviation Administration Southwest Region Airports Division Texas Airports Development Office AUG 15 2008 The Honorable Henry Garrett Mayor of Corpus Christi P.O. Box 9277 Corpus Christi, Texas 78469 -9277 Dear Mayor Garrett: Fort Worth, Texas 76193 Enclosed are the original and one copy of the grant offer for Project No. 3-48- 0051 -043- 2008, which consists of Maintenance Equipment Building, Phase II; Rehabilitate Taxiway M, Phase I at Corpus Christi International Airport, Corpus Christi, Texas. Please accept by resolution of the governing body of the city and return the original to this office on or before August 27, 2008. The copy is for your files. Note that the attorney's certificate should not be dated prior to the acceptance date. We especially direct your attention to Assurance No. 25, "Airport Revenue." By acceptance of this grant offer, you are assuring the Federal government that all airport revenues are being used only for airport purposes or other transportation purposes identified in this assurance. This applies to aeronautical lease revenue as well as nonaviation uses of airport property, such as industrial, recreational, or agricultural. In order to issue this grant, we are required by the National Environmental Policy Act to make a determination of the environment impacts on this proposed project. We have made a categorical exclusion from the requirement of formal environmental assessment. ' If you have any questions about the applicability of this provision, please contact us at (817) 222 -5650. Enclosures (2) cc: Mr. Fred Segundo w/o enclosures Airport Director Corpus Christi International Airport 1000 International Drive Corpus Christi, Texas 78406 -1801 -122- AN ORDINANCE APPROPRIATING $778,503 FROM FAA GRANT NO. 3- 48- 0051 -43 -2008 IN THE NO. 3020 AIRPORT CAPITAL IMPROVEMENT FUND FOR CONSTRUCTION OF A MAINTENANCE EQUIPMENT BUILDING, PHASE II, AND TO REHABILITATE TAXIWAY M, PHASE I, AT THE CORPUS CHRISTI INTERNATIONAL AIRPORT; AMENDING FY2008 CAPITAL BUDGET ADOPTED BY ORDINANCE NO. 027546 TO INCREASE APPROPRIATIONS BY $778,503; AND DECLARING AN EMERGENCY. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. A grant from the Federal Aviation Administration, No. 3- 48- 0051 -43 -2008, in the amount of $778,503, is appropriated in the No. 3020 Airport Capital Improvement Fund, for construction of a maintenance building, Phase II, and to rehabilitate Taxiway M, Phase I, at the Corpus Christi International Airport. SECTION 2. The FY2007 -2008 Capital Budget, adopted by Ordinance No. 027546, is changed to increase appropriations by $778,503. SECTION 3. Upon the written request of the Mayor or five Council members, copy attached, the City Council: (1) finds and declares an emergency due to the need for immediate action necessary for the efficient and effective administration of City affairs, and (2) suspends the Charter rule that requires consideration of and voting upon ordinances at two regular meetings so that this ordinance is passed and takes effect upon first reading as an emergency measure on this the day of 2008. ATTEST: Armando Chapa City Secretary APPROVED: November 25, 2008 Elizab th R. Hundley Assi ant City Attorney for the City Attorney EHord250.doc —123— CITY OF CORPUS CHRISTI Henry Garrett Mayor Corpus Christi, Texas day of , 2008 TO THE MEMBERS OF THE CITY COUNCIL Corpus Christi, Texas For the reasons set forth in the emergency clause of the foregoing ordinance an emergency exists requiring suspension of the Charter rule as to consideration and voting upon ordinances at two regular meetings: I /we, therefore, request that you suspend said Charter rule and pass this ordinance finally on the date it is introduced, or at the present meeting of the City Council. Respectfully, Respectfully, Council Members Henry Garrett Mayor The above ordinance was passed by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon EHord250.doc —124— 9 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/09/08 AGENDA ITEM: Resolution authorizing the City Manager or his designee to execute a multiple use agreement with the Texas Department of Transportation (State) which allows for the City to install, operate, and maintain a storm water monitoring station in state right of way. ISSUE: The Texas Department of Transportation (TxDOT) requires a multiple use agreement with parties which will be installing, operating and maintaining equipment on State rights of way (ROW). The City's new Municipal Separate Storm Sewer System (MS4) Texas Pollutant Discharge Elimination System (TPDES) Permit requires that storm water sampling equipment be installed at three new permitted locations by February 6, 2009, one of which is on State ROW. Sampling point 002 is located on Rodd Field Road (Texas 357), therefore, the multiple use agreement is required. REQUIRED COUNCIL ACTION: City Council must vote to approve the resolution allowing the City Manager or his designee to enter into a multiple use agreement with TxDOT. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval of the resolution. fvalerie H. Gray, PE Director of Storm Water Operations Attachments: Background Information TxDOT Multiple Use Agreement —127— BACKGROUND INFORMATION On August 11, 2008, the Texas Commission on Environmental Quality (TCEQ) issued Texas Pollutant Discharge Elimination System (TPDES) permit number WQ0004200000 (Permit), which authorizes the City of Corpus Christi and its copermittees, Del Mar College District, Port of Corpus Christi Authority, and Texas A &M University - Corpus Christi to discharge storm water runoff from the City of Corpus Christi Municipal Separate Storm Sewer System (MS4). This permit replaces National Pollutant Discharge Elimination System (NPDES) permit number TXS000601. This Permit specifies that representative storm event monitoring be conducted to characterize the quality of storm water discharges from the MS4, and further specifies three outfalls (see attached aerial photos) from which monitoring be conducted: Outfall 001 (Carmel - Gollihar) located between Staples Street and Fort Worth Street along the Carmel Parkway Ditch, prior to discharge into Corpus Christi Bay; Outfall 002 (Rodd Field Road), located between Saratoga and Wooldridge in a box culvert under Rodd Field Road, prior to discharge into Oso Bay; and Outfall 003 (Schanen), located between Cedar Pass and Yorktown Boulevard, along Schanen Ditch, prior to discharge into Oso Creek. Outfall 002 (Rodd Field Road) is located downstream of the box culvert owned and maintained by the Texas Department of Transportation (TxDOT). The ideal installation location of the sampling equipment is in TxDOT's right of way, atop the box culvert in a grassy area between the sidewalk and the guard rail. This installation location has been recommended by the factory trained installers for several reasons. Because samples are collected through a peristaltic pump, the longer the distance the sample must travel, the harder the equipment must work to reach the sample collection bottle. Therefore, locating the equipment as close as possible to the sample point lengthens the anticipated life of the equipment. The proposed location is also safer for staff that must collect the samples from the equipment. It is a firm, level surface with a guardrail protecting them from falling into the water. Finally, this proposed location is highly visible to traffic on Rodd Field Road, which should deter acts of theft and/or vandalism. Installation of all equipment at the new outfalls is targeted for completion by January 31, 2009. —128-- Outfall 001 (Carmel Parkway location) —129— Outfall 002 (Rodd Field Road location) -130- Corn* 07077ThraseqlsostissiCal. Outfall 003 (Schanen Ditch location) —131— Tun e M l l +- Form 2044 (Rev. 01(06) (GSD -EPC) Page 1 of 8 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 hereinafter called "City" , party of the second part, is to become effective when fully executed by both parties. WHEREAS, on the body for the into Resolution /Ordinance No. day of WITNESSETH City ,20 , the governing , entered reference, authorizing the this agreement with the State; and City WHEREAS, the City State to permit the construction, maintenance and operation Of a public storm water monitoring station on the highway right of way, (General description of area) on the east side of the bridge at Dedo Del Oso Creek (SH 357), Rodd Field Road, Corpus Christi, Nueces County, Texas. 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 and the Nry 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. hereinafter identified by is participation in has requested the -132- Form 2044 (Rev. 01/08) Page 2 of 8 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 of Corpus Christi 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 11/2 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. -133- Form 2044 (Rev. 01/08) Page 3 of 8 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 clean 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. MODIFICATION/TERMINATION 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. -134- Form 2044 (Rev. 01/08) Page 4 of 8 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 shall provide written notification to the State that such facility will be discontinued for the purpose defined herein. The City shall, within thirty (30) days from the date of said notification, clear the area of all facilities that were its construction responsibility under this agreement and restore the area to a condition satisfactory to the State. 11. PREVIOUS AGREEMENTS It is understood that this agreement in no way modifies or supersedes the terms and provisions of any existing agreements between the parties hereto. 12. INDEMNIFICATION The City acknowledges that it is not an agent, servant or employee of the State, and that it is responsible for its own acts and deeds and for those of its agents or employees during the performance of contract work. Neither party hereto intends to waive, relinquish, limit or condition its right to avoid any such liability by claiming its govemmental immunity. 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 ri ry . Additionally, this agreement shall not ever be construed as relieving any third party from any liability against the State and the , but the City ri ry shall be entitled to maintain any action over and against the third party which may be liable for having caused the i i.y to pay or disburse any sum of money • hereunder. shall become fully subrogated to the State and -135- Forth 2044 (Rev. 01/08) Page 5 o/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 to 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. 15. 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 ci ry , 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 fumishing 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 -136- Form 2044 (Rev. 01/08) Page 6 of 8 City shall 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 fatalities 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 unenforceability 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 City of Corpus Christi P.O. Box 9277 Corpus Christi TX 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) Exhibit F- Photo of a storm water monitoring station -137- Form 2044 (Rev. 01/08) Page 7 of 8 IN WITNESS WHEREOF, the parties have hereunto affixed their signature, the on the day of 20 , and the State on the day of By: (Name of other party) Title Printed Name Date , 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 -138- Date EXHIBITS A and B General Layout and Metes and Bounds -139- se 1 -141-- - : _ . ...":j j .; -1- ..-- . . i i.1 , b --, 1 1. i Ve. ' ■ "-- c e.) . : . ' : . a 1 i 0 b A z . - 8 1 1 • i L. - .." nil k !. t _ ;4 I • • - - 1; ! - , - : t. I , \ I 1 , . i iii. - t :-$ ■ % I g I .. . __._.._ \ .... .. - : ‘ Zin . • ri et° ,:l111_ r8' . i ,n _y _g l i II _ N4 yl1fil . . , 5 - • I ± 4. t: i I- 1"11 - .i g ? :... ,t; • , 0.% •7-* tg 0 uk f -- - i . II:I " 4 4 A 4 ••• . , i II >2 Z t • 7 ..' ' 11 .4 !..• Q IC .) .— 2 z g Ii4 I— } i r, ti1 t ' ' - . I Is s... 4 . : EIl ' . 1 In. .,.....4— ”I••••: -I 25 2 1 - . I •• I I • Qr..° . re... ni 4 EXHIBIT C Construction Plans 16' utility pole 6" dia treated wood i et O � � O 7 • -143- 1 "0 v v., L 41 O N N U .1 0 u O • U a • 03 w 0 v„ a 0 .. m .1 s 9-1 • u m 00 U, •l d as 01 ) m 3 O u w o 0 a a E • w O v u d M • • •r4 41 1.1 C 0 C O P 01 a r. w 0 0 • 0 C I G I u C d .i Gl O T ♦1 + C .-1 M y N w N N • c V d — • L W u O N it O 4.1 X u 0..7 aJ O.• • 0. 41 0 X a 3 C y t J L ., .0 w -1 G O r H w+ N EXHIBIT D Certificate of Insurance (TxDOT Form 1560) -144- 12/01/2008 15 :10 7134639696 ..WV u1 Urn Unzbja CASTRO INSURANCE PAGE 01 p.2 4l,,, Dan,,! /t Goa welt i . CERTIFICATE OF INSURANCE prier nine b fie hspeaq d mae, Im Contabr shoe.film rM adil wow and rdaaaf a ann. 6 h 71007 s . o area bnn,. a�y1 a.rsPlm4 a b ✓ tla�ear p flo 1 o erne C,n Aga mww woad. the Wn pare a a.at. WOWS* Ina, •r Y one no le aaAYSea nndaas alblan pup no reeataa 0aplaersnaaaramleer btbr bid a wen s NaUwbfbtDaieraele. rent M S F. IN d. strassegerg : _SIG 17, FM 31 Wf31IXISts ocattaaAliSa INSURANCE COVERAGE Endorsed with a Wear of Sisogmenkl boor d 7IOOT. Glrrhr Non rtrA.S A.fuTLIR2- CarASAoneR i800) 951 gg9r ' a � C4 .R 9asas valet Cer_-- n JLMeiergli fl / / /oil /a8• 1 ROaIRENCI L Ca1lRAL IMRIUTI INSURANCE: rrrd.ad SINTxDOT a M4IeIW INS and v* a Wesd Sibregio Mbar of COOT. 004. Nv 0 cared e«inu/b�� . cued ins. C a f S V e. Si" met remee (-713 } 401,0 - CIV,Mitaix RDLl.Strn , 'Sp t Lt R4t.3s7601 S /1b /of [ Ws/ 6r60pppSeaad no* rr Ta MAS MRONONSe POUCY: Endorse % OM TOOT a Mewbl4 xsrrad newt. Wear fl Subteen Savor dTxDOT COTS Il „..pARMG23 dW . O tPla et :00 A bel /t IIF Oaa: .ibis narrate wery Cody WM Papacy acme. 06693'!47 -71 •S/,o /o$ 4/04 rt. UWJA POUCY (W appataele): 10aMrNes Curls Plows 11: i 'Nod ranaec � Mann Cat Urine. Prtoy asterbP slink na— URtes of LIi& - Agency Name Address �g ro I nsurom c . 101 c 3�i P.Sa oSo Authorise! Agont's Phone Number [ City, Stake, Zip Coda . •' n � to Orlolral Signature Date TNe C,rakard bse.a outer oihmeCtr nrrnapelray ansot acide erase Me m+rae added In IS .bow L.... & Peas Sit to/ OS rote Iowa .-.,.—V. Coreallitn of a. Yana pees .crap oat one urn SHrtTT' DAYS AMA Ne slot Re Manna eL,..., Naaem wfleennadeawamaaeeNtoremrnaor ma vie Nom uopaanm ours eslwa. TiS 1810 CSOWY 1 �.pS*mn* tf Taw «1 o( lo 8S d elsfl6eekaameodfheernadraidfie Os Ns is an by nail 010k0 *0, the sandy sags Me deumeni seemieso yseero a awes nVer✓ waenPS aa+Mre dwa+•a +' bythe IWM I1St man Itiheanlin s+y,v& rfw Tim Tar DapoMenl or Teases moray the kbmra as a ed mop M.at a1lh kwma ens. you No sal on eon to te edread .brae Mlamekaar ee wait need yea ttdr Wenn rd 3671123 dead Tama &.....a Cnde. you ere we slaw. reeein n el stele rel. txrdr:SSION dale Gorr,rrre free. far fn inn eel%hor. IS and edaamree *WI yearnmlb tag. Fax oomphi.d corm to: S12/4164536 -145- 12/01/2008 15:10 7134639696 CASTRO INSURANCE PAGE 02 Commercial Certificate of Insurance gillt Aptcy • CASTRO INSURANCE AGENCY Nape • 101MAAAIMSRLYBLVD Inn Dote 04140D/VI) & • HOUSTON, TX 77080 Andrea • 832 - 251 -0504 MU caeca t tisane S L..wl.sartyeo8w�no tam 1e Mkt holdr. TIE ortisat don FA R M E RI S 12A1 A6 II sot lard, edaid or ties 51. 19 Ds. 26 Aeenr tomtit OAS bythe wider shows Sot Carpnsee Frovidiag Carmen Insured Vitae A Thick leendee. �edu.ee Noe •21660FM362 wag Shrum' t w..ESrye A ores • WAILER, TX 77484 c..r•,y C Mitt-Camay lrwyanx Company Min D REFUBuc VANGUARD INS co. ��,,,•w��,..�� 11b!lo artily tint dro"oAds of Inman bawd Won Mae bos lamed to dm bawd oral llama fords polo/ pnlodfodfaled Nonnettlaisit soy t, tam oaf soy radar odadaatwooialb rapes mach diartrr .nfls Sd ae/4S ehe bars — and by due daedbede aides to d no tats, adrrom rm oatdm}pom� at rob pat Cbt Oro anise bees nand by aid dams TR. Ca Type ofLroarra PolbyNr hn D Policy Mcrae oeear>unrl DrPealelwer0 pa047limits D X Royal qty °a c'°ei1 RGL357607 05/16/06 05/1609 giiiiii :7,000,000 $ 2000,000 lyh° w - Mamma Vinton $ 1,000,000 Corona -brawl $ 1,000,000 0* tines & Cannon Pmt it 100,000 $ 5,000 B X Caroms' AAI Owned ntos 0693967.71 OS/30A6 05/30/09 UM ! !.000,000 ktarerd Acme s $ Noo-Oand Mtge Chap labIlts Proarty Dro e $ Cele 4/P102 $ ISISliiNRy tied $ X W.,L,. Ord 894111' U*IOty S10-0001163460 20071118 11/04/+01 11/04A0S Each Staten _ Dan -ma rglca Dheae - Poky L t $ 1,000,000 3 ist.000 s jjo0.000 Draatpuar at Ope+etlarwVtlaeeentedr$ctJ &5pecS1 demo CALIBRATE WATER MEIERS AND REPABIH. CERTIFICATE HOLDER IS LISTED AR ADDMONAL INSURED WITH WAIVER OF SUBROGATION BUT ONLY WITH E631'DCt TO 'TIM NAME, 1N5*JIWDS BUSINESS OPERATIONS Catlliwte Hdder Cameddion . cm, OF CORPUS CHRISTI Sbaddtry of dm don drabed ;akimbo moodkdbdae the arphrbndate Name •STORM WATER DEW dined tbe holm awn se cabin banal 30 don edam at rnIn & • cORPUSCHRISM=7M01 °glu Midst fl to the BR. hot far n won lab make OMborreno Admen • a6Npar, aH aalkydam bled upon the eerprq .rrapaetnpaerw,rL Adana/ Baratta `L fH•• • 04 Copy Dbtrlhulbn: Grupe Latter and —146— 114i Form 2044 (Rev. 01/08) Page 8 of 8 ATTACHMENT A Inasmuch as this project is on the Federal -Aid highway system, the following additional requirements as applicable with the Federal Highway Administration's Title 23, Code of Federal Regulations, § 710. 1. Any significant revision in the design or construction of the facility shall receive prior approval by the Texas Department of Transportation subject to concurrency by the FHWA. 2. Any change in the authorized use of airspace shall receive prior approval by the Texas Department of Transportation subject to concurrence by the FHWA. 3. The airspace shall not be transferred, assigned or conveyed to another party without prior Texas Department of Transportation approval subject to concurrence by the FHWA. 4. This agreement will be revocable in the event that the airspace facility ceases to be used or is abandoned. EXHIBIT E -147- EMIT F -148- RESOLUTION AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE TO EXECUTE A MULTIPLE USE AGREEMENT WITH THE TEXAS DEPARTMENT OF TRANSPORTATION (STATE) WHICH ALLOWS FOR THE CITY TO INSTALL, OPERATE, AND MAINTAIN A STORM WATER MONITORING STATION IN STATE RIGHT OF WAY. 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 a multiple use agreement with the Texas Department of Transportation (State) to allow for the City to install, operate, and maintain a storm water monitoring station in state right of way. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa Henry Garrett City Secretary Mayor APPROVED AS TO FORM: Veronica Ocanes Assistant City Attorney For City Attorney -149- 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 —150-- 10 AGENDA MEMORANDUM City Council Action Date: December 9, 2008 SUBJECT: Whitecap Wastewater Treatment Plant South Clarifier Rehabilitation (Project No. 7409) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with R.S. Black Civil Contractors Inc. of Corpus Christi, Texas, in the amount of $97,000 for the Whitecap Wastewater Treatment Plant South Clarifier Rehabilitation. ISSUE: The Whitecap Wastewater Treatment Plant provides wastewater treatment service for the City's customers on Padre Island. The treatment plant's capacity has been expanded over the years to 2.5 MGD due to growth on the island. The south clarifier (which is 70 feet in diameter) was constructed in 1996 and is a circular type with a bottom solids scraper, center pier and access bridge. The fabricated metal equipment was painted when installed but, due to the harsh salty environment on the island and the plant's corrosive gases, the metal coatings are failing and the entire system needs refurbishment. The cleaning and recoating of all the metal in this clarifier will allow it to continue to provide treatment service and to extend the life of the existing equipment. FUNDING: Funding for this project will come from the Wastewater CIP Budget. RECOMMENDATION: Staff recommends approval of the motion as presented. J2J /C Foster Crowell roC Kevin R. Stowers Director of Wastewater Services Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H: WOME1Radrelle \GEMWeatewater17409-Whitecap Clarifier Rehab \Constructio1f5e3Ia Memo.EOc AGENDA BACKGROUND INFORMATION SUBJECT: Whitecap Wastewater Treatment Plant South Clarifier Rehabilitation (Project No. 7409) PROJECT DESCRIPTION: This project consists of blasting and painting existing steel equipment, removing four existing mixers, reworking existing scum pipe, replacing existing scum pipe actuator, replacing existing scum baffle supports, and miscellaneous items of work. BID INFORMATION: On September 24, 2008, the City received proposals from two bidders (see Exhibit "B" Bid Tabulation). The bids ranged from $97,000 to $123,370. The engineer's estimated cost of construction is $103,500. The low bidder, R.S. Black Civil Contractors, has done work for the City previously and has performed very satisfactorily. Therefore, City staff and the consultant, Urban Engineering, are recommending that the contract be awarded to R.S. Black Civil Contractors Inc. of Corpus Christi, Texas, in the amount of $97,000 for the Whitecap Wastewater Treatment Plant South Clarifier Rehabilitation. CONTRACT TERMS: The project is estimated to require 90 calendar days, with completion anticipated in April 2009. PROJECT BACKGROUND: The Whitecap Wastewater Treatment Plant provides wastewater treatment service for the City's customers located on Padre Island. The original plant was a 0.5 MGD capacity plant that has been expanded over the years to 2.5 MGD capacity due to growth on the island. The plant has two clarifiers for solids separation. The subject clarifier, which is 70' in diameter, was constructed in 1996. It is a circular type with a bottom solids- scraper, center pier and access bridge. The fabricated metal equipment was painted when installed but - -due to the harsh salty environment on the island and typical corrosive gases found at wastewater plants - -the metal coatings are failing and the entire system needs refurbishment. The cleaning and recoating of all the metal in this clarifier will allow it to continue to provide treatment service and to extend the life of the existing equipment. PRIOR ADMINISTRATIVE ACTION: 1. May 19, 2008 — Administrative approval of a Small A/E Agreement with Urban Engineering in the amount of $19,900 for the Whitecap Wastewater Treatment Plant South Clarifier Rehabilitation. H: Ui OME \Rachelle1GEMWastewater\7409- Whitecap Clarifier Rehab \Construction iata♦3ackOround.d0C EXHIBIT "A" Page 1 of 1 o 1 in.. O 1 re enr 1 F 1 0 0 o ? h 0 u W 0 9 C C u C 5 1- ✓ 1- h re 2 0 N a W O O U m 1L I1 0 O , F U 5Z m W F Z c 0 • Z e W u- O W 1- O Z W i re o. o E to NC G 0 o c C N • Y1 m E E o 2 .. g y DW CO I- I--• 0 Mt ILL , Mil.. i!Y YGICIIYdf IJd 5 Mike Larsen Co. 4202 Santiago #2 Austin. TX 78745 AMOUNT 1 0 O r tp co CO EA 0 O O r M of H 0 O cci O do M E9 0 O to o to) N EA 0 0 N O r 1. E9 0 0 O Of to th EA 0 0 O O 0 O 6r $123,370.0011 U rc 0. H - 0 O r1 to W M EA 0 0 Or M o) Io 69 0 O co CO o') EA 0 O n C N 69 0 o co L€) /9 0 0 W to C) E9 0 O oo o 0 r EA R. S. Black P. O. Box 6218 Corpus Christi, TX 78466 AMOUNT $22,000.00 $45,000.00 0 0 0 00 W co v> 0 0 0 0 M t9 00 0 0 0 0 E9 00 0 0 M r9 00 0 0 0 r69 0 0 0 0 40 UNIT PRICE 0 0 0 0 0000000 0 0 0 0 N to N t EO EA 0 0 0 0 W EA 0 0 0 0 CO EA 0 0 0 0 CO- E9 0 0 0 0 M E9 0 0 0 0 0- r 69 Whitecap WWTP South Clarifier Rehabilitation Project No. 7409 ~ EA CO J J CO -1 CO —t CO —1 �1 . J CO J O T.- r r r r r r DESCRIPTION (Sandblast (SP -10) and Paint Non - Submerged Equipment Spot Blast and Paint Submerged Equipment Remove Four Existing Flocculating Mixers Remove and Install City Provided New Scum Pipe Actuator Scum Pipe Refurbishment and Install City Provided New Arm Scum Baffle Support Replacement Welding /Miscellaneous Allowance (Mandatory Allowance) Total (Items 1 - 7) f F 12 Pi d' to EO r -155- EXHIBIT "B" Page 1 of 1 WHITECAP WASTEWATER TREATMENT PLANT SOUTH CLARIFIER ERHABILITATION PROJECT BUDGET December 9, 2008 FUNDS AVAILABLE: ESTIMATED BUDGET Wastewater CIP $ 135,860.00 FUNDS REQUIRED: Construction Cost (RS Black) $ 97,000.00 Construction Contingencies 9,700.00 A/E Consultants (Urban Engineering) 19,900.00 Construction Inspection 3,880.00 Engineering Reimbursements 2,910.00 Finance Reimbursements 970.00 Incidental Expenses (Printing, Advertising, etc.) 1,500.00 Total $ 135,860.00 —156— EXHIBIT "C" Page 1 of 1 File : \ Mproject \councilexhibits \exh7409.dwg LOCATION MAP NOT 70 SCALE N PROJECT # 7409 SITE MAP NOT 70 SCALE Plant Entrance EXHIBIT "D' Whitecap Wastewater Treatment Plant South Clarifier Rehabilitation 157 CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11-20-2008 11 AGENDA MEMORANDUM City Council Action Date: December 9, 2008 SUBJECT: Traffic Signal Installation: Part 1 - Ayers & Port Avenue and Gollihar & Airline (Project No. 6454) Part 2 - Park Road 22 & Whitecap and SH361 & Commodores (Project No. 6453) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a Traffic Signal Installation Contract with Star Operations Inc. of Corpus Christi, Texas, in the amount of $745,176.50 for the Traffic Signal Installations for: (BOND 2004) • Part 1, Part A: Ayers & Port Avenue for the Total Base Bid; • Part 1, Part B: Gollihar & Airline for the Total Base Bid and Additive Alternate No. 1; • Part 2: Park Road 22 & Whitecap and SH361 & Commodores for the Total Base Bid. ISSUE: This project is part of the Bond 2004 package for new and upgraded traffic signals at locations throughout the City. Traffic signal poles are to be installed at the intersections of Ayers and Port Avenue and Gollihar and Airline, and the existing traffic signals at Park Road 22 and Whitecap and SH361 and Commodores are to be removed and replaced with new traffic signals. The project has bid and Council approval is needed in order to proceed with the signal installations. FUNDING: Funding for this project will come from the Street Capital Improvement Budget FY 2008. RECOMMENDATION: Staff recommends approval of the motion as presented. Kevin R. Stowers Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H: WOMERachslls \GEMStraa,s1845386454- Traffic Signal Installal'wn\ConsWdionitra Menw.doc AGENDA BACKGROUND INFORMATION SUBJECT: Traffic Signal Installation: Part 1 - Ayers & Port Avenue and Gollihar and Airline (Project No. 6454) Part 2 - Park Road 22 & Whitecap / SH361 & Commodores (Project No. 6453) PROJECT DESCRIPTION: The project consists of the installation of traffic signals at four separate locations around the city. It was bid as two parts as follows: Part 1 —Avers & Port Avenue, Gollihar & Airline - (designed by LNV Engineering) A. Part 1— Base Bid: Consisted of installing six traffic signal poles with 28' through 55' mast arms, two 8 -phase full actuated controllers, 10 ground boxes, ILSN signs, traffic signals, pedestrian signals, video imaging vehicle detection systems (VIVDS) camera assembly, conduit & accessories, ADA ramps, sidewalk and curb and gutter; B. Additive Alternate 1: Fire Station Sidnalization — This alternative consisted of installing a flashing beacon assembly and associated appurtenances required for the fire station crossing at the Airline and Gollihar intersection. Part 2 — Park Road 22 & Whitecap SH 361 & Commodores (designed by HDR Engineering) This project consisted of the removal of an existing traffic signal at two separate locations and the installation of a new traffic signal at these same locations. BID INFORMATION: On November 5, 2008, the City received proposals from four bidders (see Exhibit "B" Bid Tabulation). The bids were evaluated based on the following order of priority, subject to the availability of funds: 1. Base Bid Part 1 and Base Bid Part 2 individually or combined, or 2. Base Bid Part 1 plus Additive Alternate 1, and Base Bid Part 2, individually or combined. Four contractors submitted bids for both Part 1 and Part 2. The bids ranged from $745,176.50 to $1,189,839.05 for the total base bid Part 1 plus Part 2 plus Additive Alternate 1. The estimated cost of construction is $423,570 for Part 1, $378,725 for Part 2 and $36,530 for Additive Alternate 1. The low bidder for both Part 1 and Part 2 is Star Operations, Inc. of Corpus Christi. Star Operations is familiar with working on major projects for the City of Corpus Christi. The contractor is currently working on Wooldridge Phase 1 (Staples Street to Airline Road) for the City as a sub - contractor with LNV Engineering as the consultant engineer. Both of the City's consultants for this traffic signalization project, LNV Engineering and HDR Engineering, recommend that the contract be awarded to Star Operations Inc. in the total amount of $745,176.50 for the Traffic Signal Installation: Part 1 -Ayers & Port Avenue H:\HOME\LVNDASIGEMStreets12004 Bond Issue\6453 - Traffic SignalsWgendae44 nddoc EXHIBIT "A" Page 1 of 3 and Gollihar & Airline and Part 2 - Park Road 22 & Whitecap and SH361 & Commodores. CONTRACT TERMS: The project is estimated to require 240 calendar days for both Part 1 and Part 2, with completion anticipated in September 2009. PROJECT BACKGROUND: This project is part of the $95 million Bond 2004 package that was approved by voters on November 2, 2004. As part of Proposition One Street Improvements, the Traffic Signals (New & Upgrades) improvements were approved in the amount of $2,130,000 and provided for 10 new signals, 10 upgraded signals at existing locations and synchronization of traffic lights at select locations as funding allowed. Prior projects include: New Locations: • Waldron at Purdue, • Waldron at Hustlin' Hornet, • Waldron at Glen Oak, • Cimarron at Brockhampton, Existing Locations: • Wooldridge at Airline, • Wooldridge at Cimarron, • Wooldridge at Staples, • Cimarron at Yorktown, This contract will provide for: Existing Locations • Gollihar at Airline, • Port at Ayers, • Park Road 22 at Whitecap, • SH 361 & Commodores In addition to the above projects, flashing beacons were installed at the following school locations for increased pedestrian safety: • New West Oso High School, • Garcia Elementary, • Annapolis Christian Academy Currently, a traffic study by HDR Engineering is in process to determine priority signal locations on Weber Road from Saratoga to SH 286. Based on the results of this study, additional traffic lights will be installed and /or upgraded. H:WOMELLYNDAS \GENVStreetst2004 Bond Issue `6453 - Traffic SignalstAgenda.€4 enthdoc EXHIBIT "A" Page 2 of 3 PRIOR COUNCIL ACTION: 1. November 10, 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 residence 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. December 18, 2007 — Ordinance approving the FY 2008 Capital Budget and Capital Improvement Planning Guide in the amount of $127,275,900. (Ordinance No. 027546) PRIOR ADMINISTRATIVE ACTION: 1. August 26, 2004 - Distribution of Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 2. March 25, 2005 - Addendum No. 1 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 3. April 13, 2005 - Addendum No. 2 to the Request for Qualifications (RFQ) No. 2004 -03 Bond Issue 2004 Projects to 175 engineering firms (70 local and 105 non - local). 4. June 11, 2008 — Administrative approval of a Small NE Agreement with HDR Engineering Inc. in the amount of $40,000 for the Traffic Signal Installation: Part 2 - Park Road 22 & Whitecap and SH361 & Commodores. 5. June 19, 2008 - Administrative approval of a Small A/E Agreement with LNV Engineering in the amount of $17,800 for the Traffic Signal Installation: Part 1 - Ayers & Port Avenue and Gollihar & Airline. 6. December 4, 2008 - Administrative approval of Amendment No. 1 to the Small NE Agreement with LNV Engineering in the amount of $15,794 for a total restated fee not to exceed $33,594 for the Traffic Signal Installation: Part 1 - Ayers & Port Avenue and Gollihar & Airline. H:IHOMEILYNOASIGENISVBels1200e Bond Issue\8053 - Traffic SignalsWgenda,81c6+Rd.00e EXHIBIT "A" Page 3 of 3 3 Y S E. a °a u a n i cr gs a a a 3 S 8 • O S O 3 O FJ V N co FJ N N A N W co N FJ N O a f0 D Co D V D 0 a 0 D A a D W N+ D O fD0 V ODl N A W N J A + a 0 N a 21 A o m 12 a A N W + A-• + +-• -• _ + ++ m m D (� D �n D �i1 m D D m D D X11 D m D D �n D �r1 D D �iI D D m D m D �n D �f1 D D m D m D D 0 0 0 >x 5 a 2 pO G N OT ro o 3 Pole Galvanized w/ 55' Mast Arm 1 Pole Galvanized w/ 28' Mast Arm (ILSN) Horizontal Bracket Assembly (Astro- Bracket) '12" LED Traffic Signal Lamp (Green) 12" LED Traffic Signal Lamp (Green w/ Arrow) 12" LED Traffic Signal Lamp (Amber w/ Arrow) 12" LED Traffic Signal Lamp (Amber) 12" LED Traffic Signal Lamp (Red) 1Signal Face, Section 12" Lens (Polycarbonate) ! m ill 0 P 5 0 Pedestrian Push Button LED Pedestrian Signal Lamp Unit (Symbols) Ground Box, Type "C" IlLSN Sign 6' Single (LED) Ground Box, Type "A" with Apron Sign R104 (12 "x9") 1Sign R10-6R Special (24 "x36 ") Sign R5 -1 (30 "x30") Sign R10-6L Special (24 "x36') m 09 A Y 0 m a 0 0 a — Sign R3 -2 (30 "x30 ") U! S A 4 G % 0 Controller 8 Phase Full- Actuated w/ Internal Time Base Coordinator /BCT (TS2- Cabinet) w/ Foundation Storm Water Pollution Prevention Plan Traffic Control Mobilization !!i c� Y n o _ C SIGNAL INSTALLATION AR & AIRLINE, AVERS 6 PORT AVENUE X0 22/WHITECAP It SH SW/COMMODORES 1OJECT x0.6453 & 5454 $ 150.00-1 a j N O S H H O O 0 H 0 o 0 H H J O N O S S H t0 CO O $ 125.00 H V O O H Ol O S $ 600.00 $ 175.00 $ 550.00 H T O 0 H H N lOT O O O °O 0 H A O °O $ 365.00 $ 365.00 H co 0O 0 H CO 0 0 IR CO 0 0 H 0 0 0 H V 0 O O $ 725.00 $ 12,000.00 H N f0T O 0 ,tL ". i io P C n y m Star Operations, Inc. PO Box 4100 Corpus Christi, TX 78469 H 0 00 H 01 00 $ 5,200.001 $ 900.00 H 01 00 $ 400.00 H 0 O 00 $ 500.00 1$ 420.001 $ 1,440.00 1$ 1,200.00 H S S $ 2,200.00 $ 1,720.00 H o S H °o S H CO 00 $ 36500 $ 365.00 1$ 365.00 H o 0 H CO 0 H o 0 $ 17,000.00 $ 725.00 $ 12,000.00 $ 2,250.00 TOTAL UNIT PRICE PRICE $ 120.00 $ 15,000.00 H A N O O o $ 150.00 $ 100.00 $ 125.00 $ 115.00 III $ 145.00 $ 90.00 $ 215.00 $ 650.00 11$ 240.00 $ 428.00 H to O O 0 I $ 700.00 $ 2,800.00 H_L $ 410.00 $ 330.00 III $ 330.00 H 0) W O o 1L__ 425.00 H co N O) 0 II $ 320.00 H O N O O b $ 125.00 $ 4,000.00 0 G) O > O S'h Austin Traffic Signal Construction Co, LP PO Box 130 Round Rock, TX 78680 H OW0 ) $ 15,000.00 $ 4,500.00 H O O $ 200.00 $ 500.00 $ 230.00 H 0A Oo 0 H 0 H W co VV O 1 $ 1,300.00 H O O H + N H O 0 H N O 0 1$ 2,800.00 H A $ 330.00 $ 330.00 $ 330.00 1$ 425.00 1 $ 328.00 H N O $ 16,200.00 $ 125.00 1$ 4,000.00 H 0 0 I TOTAL PRICE $ 200.00 1$ 23,400.00 $ 7,500.00 $ 225.00 $ 225.00 $ 250.00 $ 250.00 1 00'063 $ I 240.001 H O O O f^ 0 O O 117-- 260.00 117- 585.00 $ 700.00 $ 685.00 $ 3,350.00 H S 0 0 H H cm N 0 0 0 0 H CO 0 0 H cn 0 0 H N 0 0 $ 315.00 H 0 O 0 $ 2,000.00 H O 0 0 H S '.. 0- 0 IIUNIT PRICE F &W Electrical Contractors, Inc. PO Box 98 Floresville, TX 78114 H N N co O S $ 23,400.001 $ 7,500.00 H _. 0) N O O O $ 450.00 H J -0 O O C O H CA O O O O H _, 0 O 0 0 H _ A a O 0 0 H N yyp O GGG O 1 $ 3,200.00 H + 0p A Go O O 1 $ 2,340.00 $ 1,400.00 1 $ 2,055.00 H W W N O O O $ 665.00 $ 665.00 $ 360.00 1 $ 665.00 H 0 W N O O H c Oi G O �� I $ 315.00 H A N N O O 11 1 $ 2,000.00 H O o O O 0 O H O, G 0 O O..I O I TOTAL PRICE H CA a 0 1$ 16,522.00 1 H 0 0 0 H _. CO 0 H 0 0 H Co 0 0 H CO 0 H _, CO 0 0 H V 0 H S 0 H ppyy�� W+ 0 H W S II$ 724.00 H N 0 H Oo t00 0 II $ 2,570.00 1 H H H q j + V V 0 S S H CA V 0 H + co S 11$ 182.00 $ $ 182.00 $ 19,875.00 H 10 W 0 H V 0 0 $ 68,700.00 UNIT PRICE MICA Corporation PO Box 161609 Fort Worth, TX 76161 H m N 0 H O] N N 0 H 0) N O 0 H CO 0 0 $ 130.00 II H N N 0 H 0) 0 0 $ 436.00 11 H A N 0 H (4 N A 0 H m CO 0 $ 1,324.00 $ 2,896.00 $ 1,816.00 $ 2,427.00 $ 2,570.00 H H H p ++ A V V 0- - I $ 517.00 11 H CO N 0 1 $ 182.001 $ 182.00 $ 19,875.00 H -• 01 co 0 H CO 0 N 0 F 00 0 0 -: 0 TOTAL PRICE dD Ea me 11 0 r 0 ra 9 m` 0 s00 N J H H W T W W V N co N O S S 0 m 3 E 3 S a a 3 e s ea O a a 3 0 3. C S 4 's S 00 3 a5 m O -I D m� T5 00 3ai m" 0 0 3 9T� N + 40 N 00 02a o. °s 3 0 Ice s o m m z z m b Z 1 qA m G) mY m co zc z5 0 ' 0 Z O O N t cnc 0 n ZD . V1 m3m3 E '" mo CO 9 01 0 N M 0) D. > n N O > 41 t0 CO > > A A J > A 0 > a 01 D A A > A W > a > a D a 0 > 03 0 D D W W CO V > CO CO D W U > 4�..11 > W > W D j D W 0 D N 0 D N =1 m • ... U IN N W+ N O A 205 I 60 100 m S 0 N U O 21.9 W N 0 � D W ; T�fI D D mm D T T mm D ((IIII D ((1111 D T T T T T T T T T T T T 'r*1 T • avuwmu ravemeni marxing (24" White Solid) Total Part A tfia Nee.e a "r ■ • • N m P g CO CO H� —1 �m Q o _ nn m N L N 67 a N m lo 6 p 0 m ga � � Q0 m 3 y m �. m a *oto ^ a i� 5 m .. P '°- G< G 3 Q 0 w 03 0 e -Up System (Field Set -Up Computer) IVIVDS Camera Assembly VIVDS S t N '0 g co m cm 0 y 3, 7 m 12 17/C *14 Signal Cable AC Aril- WV Dower Cable (Power Cable to Controller) X2 1/C 48 XHHW (Insulated) 3/C *12 XHHW (ILSN) 5/C *14 Signal Cable i#rk W d A O c s �, m -. 0 lm 4" PVC Conduit (Schedule 40) 3" PVC Conduit (Schedule 40) (Bore) 11-1/4" PVC Conduit (Schedule 40) 3" PVC Conduit (Schedule 40) D I w , l:: o 0 o a 03 en M OAO• CA 0 D. m m m I. a m DESCRIPTION C SIGNAL INSTALLATION IAR & AIRLINE, AVERS & PORT AVENUE 112 22/WHITECAP a SH 361/COMMODORES TOJECT NO. 6463 & 6454 a - N O O $ 40.00 $ 1,100.00 a S a O a O H CO O a la o O a CO CI 0 0 O a N O a N a N a O a O a U N W 01 $ 42.00 H A O M S S $ 7.00 j` $ 14.50 $ 200.00 $ 300.00 UNIT f PRICE $ 2,350.00 H N 0 0 O O S S H U U O 0 $ 472.00 $ 472.00 a N O O 0 $ 3,900.001 H 0 0 O b 0 1$ 337.50 $ 214.50 a a N in 0 M CO 0 O 0 $ 246.00 a N S 1$ 22.50 I H N N O o 0 a CO V in 0 a N J N b 0 a M J+ N 0 U O 0 0 H a 0 N V O O o b 0 0 TOTAL PRICE a CO O 0 o $ 65.00 $ 2,500.00 $ 125.00 1 a N O s N S [s 710.0 $ 1,350.00 a fm O 0-S 0 O a 10 co a N V U a N A O 1$ 2.40 a a Co O a N P O a N 0 0 a 0 0 0 a CO 0 0 a 001 0 0 $ 10.00 $ 13.00 $ 190.00 $ 250.00 TI T C m~ Austin Traffic Signal Construction Co, LP PO Box 130 Round Rock, TX 78680 $ 3,110.00 $ 325.00 $ 2,500.00 $ 125.00 a O 0 0 a N S 0 a V O 0 a a C O 0 00'000'6 $ $ 237.50 a W •V 0 a f0 U 0 H pp A 0 a W f0 8 $ 240.00 a N 0 1$ 1,800.00 1$ 630.00 a A N N 0 1 $ 300.00 11 $ 65.00 s a 01 N A 71 V 0 N O 0 b TOTAL PRICE a 0 N O 0 15 10,000.00 $ 5,400.00 $ 275.00 $ 3,600.00 1 $ 250.00 a N O 0 1 00'E $ P a •• 01 0 b 0 0 a o Co O 0 0 O 0$ a W O 0 in N O 0 49 N O 0 a V1 01 N O O 0 0 a N b 0 a N O 0 a 0 O 0 a 0 O 0 41 0 O 0 44 a J A O O 0 0 $ 375.00 $ 500.00 UNIT PRICE $ 174,516.00 $ 2,040.00 $ 10,000.00 $ 5,400.00 $ 1,375.00 $ 3,600.00 1 250.00 $ 590.00 $ 885.00 a N 0 o $ 13,000.00 $ 5,400.00 $ 375.00 5 260.00 1 5 788.00 $ 410.00 $ 300.00 $ 200.00 a N 0 1 $ 3,000.001 a O O 0 $ 420.00 $ 85.00 $ 3,250.00 $ 4,950.00 $ 10,950.00 TOTAL PRICE a (0 0 1 10 C O a V 0 s N S 0 $ 2,700.00 a a A pp� 0 0 a S 0 I 0 $ 2 2 5 H CO 0 $ 8,844.00 $ 1,635.00 $ 715.00 *9 co 0 a N 0 a N N a a W N N 0 a W 0 a S a S AS W O $ 20.00 $ 50.00 $ 20.00 $ 311.00 $ 483.00 UNIT PRICE $ 888.00 II 0 T 0 0 0 J 0 a N V O 0 C O a a A T W co W 0 0 O O O O s ! V CO Co o O A 0 N 03 J N co a o W N N $ 4,905.00 $ 715.00 a Oo p� A A O 0 a A W J U 0 a W N N C 0 a W 0 N N 0 �Q• $ 195.011. $ 300.00 II 0 A• N• G i 0 1 1 $ 2.04000 N a J N N O 0 $ 600.00 $ 250.00 $ 1.300_00 $ 4,105.20 $ 10,577.70 TOTAL PRICE -I D m� T5 00 3ai m" 0 0 3 9T� N + 40 N 00 02a o. °s 3 0 Ice s o m m z z m b Z 1 qA m G) mY m co zc z5 0 ' 0 Z O O N t cnc 0 n ZD . V1 m3m3 E '" mo CO 9 01 0 N M 0) m a 0) N 01 N A co N 41 N N+ m co W O W b CO CO CO V W 0 CO CT D a W 41 CO N+ CO W O 0 OWO WV 0 A W N DO 9 ,� 1~11 A 26.4 I P J+ N O N 10 2 10 10 N + CO 18_ A J A CO N+ + ++ + '5.. tPi�y' m m T D D T D D D D TT D T T T T T T T T D N N 0, y $Ap e O. a 0) S CA) co CD P. a 0 DmDX e n m n N 1 9 La co 0 m v m m S m n a S ? O 9 CD - 3 Pole Galvanized w/ 36' Mast Arm (ILSN) Pole Galvanized w/ 40' Mast Ann (ILSN) Pole Galvanized w/ 44' Mast Ann (ILSN) Horizontal Bracket Assembly (Astro - Bracket) Dti mr F r Rp -4 133 to y 3 ' F 112" LED Traffic Signal Lamp (Green) N p -I 13 N 0 Y 3 03 v F 12" LED Traffic Signal Lamp (Red) 12" LED Traffic Signal Lamp (Amber) signal Face, Section 12" Lens (Polycarbonate) im i Di m S. CO m m Pedestrian Push Button O m a m t9 M. ' y to g a N 3 a c Ground Box, Type "A" with Apron Ground Box, Type "C" ILSN Sign 6' Single (LED) 1Sign R10-4 (12"x9") Sign R10 -12 (24'x30') Sign R3 -8 (36 "x60 ") Controller 8 Phase Full- Actuated w/ Internal Time Base Coordinator /BCT (TS2-Cabinet) wl Foundation Stone Water Pollution Prevention Plan Traffic Control 3- ° DESCRIPTION C SIGNAL INSTALLATION AR & AIRLINE, AYERS E PORT AVENUE 22JWNRECAP a 511 35VCOMMODORES tOJECT NO. 5453E 6454 $ 185.00 I $ 200.00 $ 150.00 $ 6,500.00 $ 7,400.00 $ 8,300.00 a 01 O O a V 0 O $ 100.00 00'96 00'9ZL $ 00•OL $ a 0 O O $ 600.00 $ 175.00 $ 550.00 a a 00 N O O 0 0 a N O o 0 a A 0 0 a 0 CD 0 0 00'06 $ I $ 17,000.00 $ 725.00 $ 12,000.00 $ 1,500.00 ao UNIT PRICE a N N O 0 $ 5,280.00 a + O O O a a a 00 V IA 0 0 0 0 O O o O O O $ 1,500.00 a N o O 0 a 0 O o 0 a 0 O b 0 700.00 $ 1,250.00 s tV A O O 0 00'009 $ $ 1,400.00 1$ 4,400.00 a a W M 0 0 0 0 0 0 a O O 0 0 0 a N 0 0 0 s O 0 0 0 00'06 $ $ 17,000.00 $ 725.00 I $ 12,000.00 a p0 O TOTAL PRICE $ 240.00 ) $ 220.00 40 + O 0 0 $ 5.800.00 $ 6,700.00 $ 7,100.00 $ 125.00 a - S 0 0 I $ 125.00 a tT O O a a 0 0 0 0 0 $ 215.00 a V O 0 0 $ _ 220.00 I $ 450.00 a a 0 V o 00 0 6 0 0 a N CO 0 0 0 ' $ 330.00 $ 320.00 $ 350.00 a 0 01 0 O 0 II $ 85.00 a tV 01 °o 0 0 s V.:P- tT () O+ m~ 0 O ._ Austin Traffic Signal Construction Co, LP PO Box 130 Round Rock, TX 78680 a V f0 �Np 0 $ 5,808.00I a N T i A 0 a a a V O + '4 0 0 0 0 b o b O O O $ 1,250.00I $ 200.00 a N O 0 O $ 230.00 I 00•004') 5 00'000') 5 a (O O 0 0 O $ 720.00 a V 0 O 0 $ 3,600.00 a a W 0 1 0 0 O O O O a N 0 0 O IS 2,640.00 H OI O O O 1$ 350.00 a O O O 0 O $ 85.00 $ 3,500.00 TOTAL PRICE Titan $ 7,500.00 $ 400.00 $ 375.00 $ 200.00 a a a 10 CD 00 m N tT O 0 O 000 $ 225.00 I $ 225.00 I $ 250.00 $ 250.00 $ 240.00 $ 290.00 $ 130.00 a + O O 0 $ 260.00 $ 585.00 a a a a a CO 0 00 N CO + O a O O 0 00000 $ 24,250.00 $ 635.00 $ 2,000.00 UNIT PRICE $ 10,000.00 $ 10,000.00 a j 0) O 0 1 00'006'6 $ a ONO 9 00 $ 16,700.00 $ 9,225.00 $ 9,780.00 $ 2,250.00 a qP 0 00 $ 2,500.00 $ 500.00 $ 2,400.00 $ 2.900.00 $ 5.460.00 a + Gl O 0 $ 2,080.00 a I- 0) O 00 $ 630.00 $ 720.00 $ 13.400.00 $ 685.00 $ 2,800.00 $ 24,250.00 $ 635.00 $ 2,000.00 TOTAL PRICE neLYd 22117 $ 10,000.00 $ 10,000.00 a + O a W 0 a 00 0 FS 6,060.00 $ 6,740.00 $ 6,875.00 s W 0 00'99 $1 a 0a b a CO b a a co 0 V 0 0 $ 158.00 a O tali O s � 0 II $ 725.00 $ 182.00 $ 11.00 $ 2,570.00 $ 809.00 5 906.00 $ 19,875.00 $ 365.00 $ 1,953.00 $ 73,000.00 $ 11,000.00 I UNIT PRICE $ 9,758.40 $ 8,263.20 a CO N rn O $ 12,120.00 $ 6,740.00 $ 6.875.00 $ 1,030.00 a O 0 $ 880.00 11 a 0) O b O a a a 0V (O O O o 0 O O a 0) 0 0 O a O 0 $ 2,648.00 $ 5.800.00 .;00'4391E $ -100'609 $ 00'082101 $ 00'88 $ 00•49E 5 $ 19,875.00 $ 365.00 a N W 0 O $ 73,000.00. $ 11,000.00 TOTAL i PRICE 4rb4' i" :;1 "3t^;. 9 0 m aa5 N J 7 a "'8E 0 dm? m m - CO S.O a S 003 a 0 m 0 m i m to Z O qA m E D mao 73 C ' 0 Z 0 O 'n -n co O• N c 0) 0 -1 Z D o N 0 O< f%1 m3 5§ aaa 0 to m W CO CO M M M W P m NJ OV N N O 000 0 01 N N O A 0 A co A V co 0 A 01 A a A A CO W CO A CO 0 fm CO CO L4(4 V O) (m4 CAA 02 CO CO tv 4) N 44 CO CO O CO to CO 00 N V 234 216 m m a + +� +1 1.99 1.99 �, +1 152 420 752 600 1 320 00 20 225 0 01 0 71 71 T 71 T D (1 D (I D ��frn11 D m1+ D W1 T mA �I D D m" D i.1 T 9 'tl ,, T ,1 T T 51 5 y N 9 M l a�° --aa c a g 0 m+ a B CD m 3 a E 3 GI 0 2 2 A N 5 5 _3 3 Remove and Replace Concrete Curb and Gutter Concrete Curb Ramp . Concrete Sidewalk (5') Battery Back -Up System electrical service I ype D (120/240) 060(NS)GS(E)TS(0) 1— od '014 O . s m g a n Copperweld Ground Rod & Clamp VIVDS Communication Cable (Coaxial) 3/C *12 (Video)(Power Cable) Service Entrance Weather Head VIVDS Camera Assembly VIVDS Set -Up System (Field Set -Up j Computer) I VIVDS Processor Unit 17/C*14 Signal Cable 16/C *14 Signal Cable 15/C *14 Signal Cable 13/C*12 XHHW (ILSN) + fi. AaAi x _'= *m a C ° n ++ m x *a 9 v A 0 0 m P C G 4" PVC Conduit (Schedule 40) (Bore) 4" PVC Conduit (Schedule 40) 3" PVC Conduit (Schedule 40) 11A/4" PVC Conduit (Schedule 40) DESCRIPTION C SIGNAL INSTALLATION AR a AIRLINE. AVERS & PORT AVENUE 1D 22/WHITECAP & SH 381/COMMODORES iOJECT NO. 6483 A 8454 $ 13.00 $ 10.50 M 0) O S $ 18.00 I M N 0 0 V) 0 0 0 0 M N 0 0 0 M 0 0 0 M A O OO M M M N N+ a O0 0 0 M M N O 0 0 0 0 00'009'6 $ (n M N+ O 01 M 01 M 0 M 0 M U M W N M N 0 1 $ 14.50 M A 0 44 A 0 1 UNIT PRICE J Star Operations, Inc. PO Box 4100 Corpus Christi, TX 78469 $ 2,808.001 $ 2,457.00 $ 10,080.00 $ 4.068.00I M 0 O O M m 0 o O $ 2,400.00 M 0 O O $ 240.00 M M M N J-4 O O 01 O O O M M 0l 0 0 O O O O 00'009'6 $ I $ 250.80 $ 1,134.00 M O o O 1$ 900.00 M pppp A O O M OAi O O M tVT O O I $ 9,450.00 M O o O $ 362.50 1 $ 240.00 TOTAL PRICE CO W CA tlt M V O 0 M CO O 0 $ 50.00 M V S M CO 0 0 M W N 0 0 0 $ 3,200.00 M N m 0 O 0 M N O 0 $ 2.00 $ 2.00 $ 75.00 M M + V 4 O O O O 0 0 M CO S O 0 L$ 4.00 M N V 0 E$ 2.30 M N L. 0 M N + 0 1L$ 2.30 M N+ O 0 M O 0 M CO O 0 M 03 O 0 M 0 O 0 • UNIT PRICE Austin Traffic Signal Construction Co, LP PO Box 130 Round Rock, TX 78680 M M W 01 N 0 8 O $ 1,872.00 $ 8,400.00 M 0 0) N b 0 M 0 O CO O 0 M 0) I4 0 O 0 M W N 0 O 0 M N Co 0 O 0 M 41 0 O 0 $ 1,322.00 $ 1,322.00 $ 75.00 M M N -4 A 0 9 O O 0 0 M tO + O o 0 1$ 1,680.00 I M A O a A 0 M j IV 00 A 0 $ 1,260.00 $ 672.00 M CO G 0 M O 8 1$ 4,725.00 M O S 1$ 450.00 44 + 0 S TOTAL PRICE M (m O 49 V N O O M + O O o M tN O O 0 M A to O 0 M 0 0 O O 0 M ml 0 O O 0 M 02 0 O O O 1 5 275.00 M 0 O o 0 M N O 0 M (4 O 0 M 01 0 O 0 $ 1,800.00 $ 13,000.00 M co O 0 M N O 0 1 00'2 $ M 01 O 0 M N O 0 M N O 0 M N O 0 M O o 0 M O O 0 M V O 0 M + A O 0 UNIT PRICE M M W _ 0 .00 tD t 00 0 S0 O $ 17,550.00 M 00 co A 0 0 O M O 0 0 O $ 25,245.001 M O 0 0 o O $ 5,400.00 $ 3,600.00 $ 1,650.00I $ 250.00 M 1 10 O O M 0 N O 0 M N 0 b O 1 $ 7,200.001 M W 0 O O O 1 $ 1.260.001 M 0 O O I $ 1,504.00 M 4) 0 O O M O S M O O O 1 5 40.00 M O 0 O M 0 0 O 1 $ 425.00 1 $ 140.00 TOTAL PRICE M N CO M Ot V to o 44 N f1U O M CO N N $ 102.00 1 M 0A) ut 0 M 0 CO 0 M 0 0 O 0 M N O) 0 O O M N 10 0 O O M V G O 1$ 740.00 M + tN CA M N A 0 1$ 715.00 M + M O 0 M 00 A S M N t O M N O O 1$ 1.60 M N+ N N M N 0 1$ 2.00 M N O 0 M W O 0 M Nd O 0 $ 40.00 $ 25.00 UNIT PRICE MICA Corporation PO Box 161609 Fort Worth, TX 76161 M 10 V O O b M _ lo tJ O O M + V • W O) S M + O 0 1 0 ! 0 : 0; $ 31.331.8511 $ 6845.00 M N b V O S M N 10 0 N 0 $ 402.001 $ 740.00 M O N A N M _ la 0 0 0 $ 715.00 1 $ 6.540.00 $ 8,844.0 r M _ - V O b 1 $ 304.00 1 M N O N 0 M _ (J 01 0 0 M A co 0 0 M (9 0 0 1 $ 100.00 1 $ 5,175.00 1 $ 560.00 1 $ 1,000.00 M N co 0 S 1 TOTAL II PRICE M M M W P m NJ OV N N O 000 0 3 00 O 0 a 8 S 03 8 3 0h s 5 H mQy Y a 3 a 0 !:i. .T 9 A m S 3 4 m 3 r C Total Part C (Bid Items C1-C24):I 0 A 0 CO 0 N 0 0 0 0 0 0 CO 0 V 0 0 0 01 0 A 0 03 0 N 0 + 0 0 0 W 0 0 0 V 0 0 n W [� A 0 Co 0 N 0 m A N+ I 420 + N 210 355 C 155 45 100 13.2 + N N Ni N + s y r mtl� D D ((1111 D ((ttII D T T T T T T T Xm11 D (i1 y �1I D D D �f1 D �iI D X11 D �mI1 D �mI1 D �mf1 D C y Copperweld Ground Rod & Clamp Prefabricated Pavement Marking (24" White Solid) Flashing Beacon Assembly Opticom Model 138 Detector Cable Opticom Model 752 Phase Selector 7/C #14 Signal Cable Opticom Model 711 Priority Detector 3" PVC Conduit (Schedule 40) (Bore) 1IC #8 (Insulated) 3" PVC Conduit (Schedule 40) 12" PVC Conduit (Schedule 40) (Bore) 12" PVC Conduit (Schedule 40) DXI as o C y m tJ W g 3 d 0 2 m Pole Galvanized w/ 24' Mast Arm 1Horizontal Bracket Assembly (Astro - Bracket) 12" LED Traffic Signal Lamp (Green) 12" LED Traffic Signal Lamp (Amber) 12" LED Traffic Signal Lamp (Red) Ground Box Type C with Apron Ground Box Type A with Apron 0m pld 08.iF W d J t to O. r 2 be 'm. d a m .T y O d . O d v N d O. O. r 0 0 d N > m Provide Materials and Labor to Install Sign W11 -12P (24 "x18 ") (provided by City) !Provide Materials and Labor to Install Sign W3 -3 (36 "x36") (provided by City) DESCRIPTION C SIGNAL INSTALLATION AR 6 AIRLINE, AYERS & PORT AVENUE D 221 WHITECAP & SH MI/COMMODORES tOJECT NO. 6463 & 1454 M N N b W o o a s W A P N S O $ 1,850.00 a + N a N O 0 0 a a N 0+ 0 0 02'1. 00'96 $ a A O a N 0 O a CO N $ 200.00 1 a N tali 0 O a N 0 O a O 0 O $ 125.00 a V O 0 s 0 O 0 $ 650.00 $ 375.00 a N O S a W W S 64 03 N UNIT PRICE Star Operations, Inc. PO Box 4100 Corpus Christi, TX 78469 a a pO O O c$ 0 $ 1,850.00 $ 777.00 f 8 2,700.00I $ 315.00 $ 1,300.00 a s N N W O 0 0 0 0 $ 2,247.50 a _ N a 0 $ 825.00 $ 2,640.00 44 W a O c 0 $ 300.00 $ 200.00 1$ 250.00I in 0 b 0 a pp 0 o 0 a N 0 a 0 J$ 375.00 $ 450.00 H CO W b 0 69 CO N o 0 TOTAL PRICE ml O 44 O a a 10 0 0 0 O 0 0 a CO 0 0 b 0 1$ 2.30 a w CO 0 O 0 a a + 0 0 N O N 0 0 $ 22.00 $ 2.00 $ 20.00 a CO o 0 s + CO o 0 $ 210.00 $ 4,500.00 u W O b 0 $ 240.00 a 0 N b 0 ,L 210.00 a 0 0 O 0 a U 0 O 0 a a 0 O 0 a CO 0 C 0 a 433 0 C 0 a w 0 C 0 UNIT TOTAL PRICE PRICE ' GAMMON N Austin Traffic Signal Construction Co, LP PO Box 130 Round Rock, TX 78680 a a CM pp tt�� A 0 S 0 a CO 0 0 0 a 0 $ 3,630.00I $ 525.00 $ 2,200.00 a a + O oo bob 0 a W 0 0 00 a 0 0 a 0 a N N 0 a A 0 0 a S 0 $ 480.00 $ 530.00 $ 420.00 a S 0 N O 0 $ 310.00 44 O S $ 310.00 a O S $ 150.00 $ 50.00 11$ 5,000.00 a N O o s N CO 0 O 0 $ 2.00 $ 820.00 $ s 4,4 N O 0 0 0 0 a O 0 0 a O 0 0 a O 0 0 11-3-1175.00 11$ 6,470.00 44 N N O 0 $ 290.00 $ 250.00 $ 585.00 44 V O O 0 $ 685.00 1 $ 635.00 $ 315.00 $ 315.00 $ 635.00 UNIT PRICE F &W Electrical Contractors, Inc. PO Box 98 Floresvllle, TX 78114 IS W N S $ 300.00 $ 1,200.00 $ 5,000.00I 1 $ 840.00 I I5 2,800.00 $ 420.00 $ 1,640.00 $ 3,100.00 $ 2,500.00 $ 710.00 $ 2,000.00 $ 2,250.00 $ 4,950.00 a 0 V O 0 0 $ 450.00 I 5 580.00 $ 500.00 a V 0 0 0 M 0 O 0 0 $ 685.00 $ 635.00 $ 315.00 $ 315.00 a I TOTAL PRICE tlt c 0 5 145.00 $ 31.00 In 9611.01E1 a N 0 O $ 2,775.00 H a 10 N O A 0 0 O O a a a N+ N W W 0 0 k0n O O 44 a N+ V W o 0 O O $ 311.00 $ 27,350.00 a W 0 0 O a u W+ 03 0 0 0 O O a W 0 0 O $ 950.00 5 850.00 00'99 $ r52(.1 a N W o 0 a N W UNIT PRICE • MICA Corporation PO Box 161609 Fort Worth, TX 76161 44 �W O $ 290.00 $ 744.00 a J O 0 a 0 0 a N N 0 $ 840.00 $ 2,440.00 $ 2,092.50 $ 1,300.00 $ 710.00 $ 1,300.00 $ 1,215.00 $ 4,105.20 a N V O O a O 0 $ 220.00 p $ 176.00 a 0 S $ 950.00 II a O S a 0 S $ 520.00 $ 125.00 H 0! O TOTAL PRICE Zit s -1 D Sap T5 om Op co r4 0 03 0 Y d x -. < + 5 .. N OOCD .ma 5 dal e03 bed 0 m a 0 gm m 3 3 a m O -n E rn Z n O Z O OT mW 0 y O C f/1 0 2 -1 =1~ll 41 0 y3 .4 14 8 03 mm g-3 N + a a W V W A O O W OM q H O o o 8 d 0 4" ta N M W 0 1 0 0 a 3 CO N V A A G A A Y Y N N+ O O b b m m V V 0 0 N N A A c co N N+ 0 0 0 0 C CO V V o oo N N A A W W N N m m b O d d c co N N W W N N O OD W W. t to t to N N S N - + N N N N 6 O O O p 645 155 1,085 N A A p+ N + + T yjy • • • S m ,x O m JO -I m m m m o 0 0 0 m 0 0 0 o OOI C 3 W N N N 0 o O 0 �. r. a a a a fi c a A 7. A (3�. W Z a J m 7. f. �. r. c c c c d S co w 0 m 3. 6 0 3 y� o m n 0 0 n << << -(d" q co C X + Z a cccc a a O. _0 _0 m m w OZ y 0 7 a a a A. y (N a H A A A + N Z Z Z Z 6 6 a n a> N (O 0 0 0 0 0 C C C C i y m y S 33 O N co m N co S J N M CO CO vl W Co Co CO Co fl O O _ O 5. N j m 0 0 0 0 0 co .co e- ll y* y a y 1 J J 3 ' a a - 0 m rn A a o a o m a 0 H H H H H 49 d' H H H H H H H H H H H H H H H H H H H H H CO CO A A O V Co V W Op W+ O Ot O O N + o O co (n 0 O Vt N N O N V 0 0 0 0 0 O O Ol N 0 0 0 0 O O S O O O S O O O o O O O O S O O O (WO) 0 0 0 0 0 0 0 0 O O H H H H H H H 49 H H H H H H H H 01 H 49 H H 49 49 44 H H H H N N+ W N N (O N N N 441 O W o O O W OO O A N+ O A CO O co O O [N 0 CO 0 (O N N O O O O 0 0 O N A O 0 A V O O o 0 0 O O O N 0 O in (1 N O O O O O 0 0 0 0 0 0 0 0 0 !+d UM eta ale w LIS L -i-B uo CD C ~D 3m m� 05 mm O -a O 9 Ca m< 17 '0 X O 0 3) m m 0 aa5 N + 5 .. N oo dd. a a 1 1inyO 3 0 a m v m xi 3 -I m m m 0 1 0 O m N 0 mD m CO �`s O —I • O 4o Om m On O N y 0 0m m m m 3 y3 D O1 m W 3 m • 3 Total Part 2 (Bid Items 1-47): a V A 0 a N A A a W A N a A O W CO W CO W V S W N CO A W W W N WW .w O N t0 m m Ma* ca -a 00 N N + N N + + + + 0 0 2,300 0 S a 1 X�177 D Xm11 D �m1t D T mm D mm D mm D mm D �mf1 D X�177 D X17 D �mf1 D �i1 D m D m D T T m 34 �m1I D y lUninterruptible Power Supply ILED ILSNS (6 S)(LED) LED ILSNS (8 S)(LED) IVIVDS Communication Cable (Coaxial) VIVDS Set-Up System IVIVDS Camera Assembly 1Removing Traffic Signals i VIVDS Processor System IInstall Traffic Signal Pole Assembly (5)1 Arm (65) LUM & ILSN Pedestrian Pole Assembly IInstall Traffic Signal Pole Assembly (8)1 Arm (55) LUM & ILSN IInstall Traffic Signal Pole Assembly (5) 1 Ann (50) ILSN IInstall Traffic Signal Pole Assembly (S) 1 Arm (44') ILSN IInstall Traffic Signal Pole Assembly (5) 1 Arm (36') LUM & ILSN IInstall Traffic Signal Pole Assembly (5)1 Arm (36') ILSN Traffic Signal Cable (TV A) (14 AWG) (16 Conductor) Vehicle Signal Section (12in) LED (Red) Traffic Signal Cable (TV A) (14 AWG) (4 Conductor) Vehicle Signal Section (12in) LED (Red Arrow) N 0 O a 0 0 z 7 SIGNAL INSTALLAnON pR a AlFtLINE. AVERS a PORT AVENUE D 27JWHITECAP & SH 36VCOMM000RES LOJECT NO. 6453 It 6454 N W N N A 8 w 01 C O $ 2,600.00 $ 3,000.00 N N o 0 00006 $ 1 $ 1,300.00 *A W W N O 0 6 6 0 0 H 01 0 O 0 6 6 0 0 W 0 0 0 0 bl 0 0 6 0 H CO 0 6 0 H 03 0 6 0 $ 6400.00 N N J 0 $ 150.00 1.20 M O O O UNIT PRICE Star Operations, Inc. PO Box 4100 Corpus Christi, TX 78469 1 $ 13,000.00] $ 10,400.00 $ 12,000.00 f9 V b W 0 O O 1,800.00 q 0 (D 0 0 b O 19 fh V + b. 0 0 0 0 0 O O O $ 20,500.00 $ 1,700.00 M N 0 0 O O O N W 0 0 0 0 O $ 8,300.00 49 CO lo 0 9 O O w O1 A 0 9 O O 49 A J N P O O IR U N N J W O) N 9 9 O O O O O TOTAL PRICE $ 444,629.50 . _ I $ 6,800.00 M W W N 6 m 0 0 O O 0 0 M N IV 0 49 V W O 0 11 1,350.00 N bl W+ N -CO 0 o 0 0 0 0 $ 17,000.00 850.00 H 0) 0 O O 0 H A o O O 0 H 0 D O O 0 M 0) -CO 0 O 0 *1 N V 0 O 0 49 A O 0 49 N N N O N O 0 0 N 0 UNIT PRICE Austin Traffic Signal Construction Co, LP PO Box 130 Round Rock, TX 78680 H W 0 O 0 $ 11,200.001 $ 14,0110.00 $ 7,733.00 I 61 _ A Al b 0 I $ 17,550.00 I $ 3,700.00 $ 27,000.00 $ 17,000.00 $ 1,700.00 $ 32,000.00 N O 0 d) f0 o O 0 01 0 W 9 p 0 U 0 0 O 0 bi V O S o O 1 $ 4,370.00 $ 5,060.00 N 01 O O O TOTAL PRICE $ 611,816.00 I s 10,000.00 N to A W O N O O O O 6 0 0 0 49 W 0 0 H + P 01 0 0 0 H + CO O O 0 0 $ 5,000.00 $ 13,000.00 IF w N tD A 0 O O O O 6 0 0 0 N CO 4) O O 0 0 w V 0 O O 6 0 tll CO 0 O O 6 0 M co O O 6 0 H P 41 N O 0 0 M (a 6 3 0 $ 300.00 2.00 N W O O O 0 UNIT PRICE F&W Electrical Contractors, Inc. PO Box 98 Floresville, TX 78114 1 $ 20,000.00 1 $ 14,000.00 $ 16,000.00 $ 10,545.00 1 I $ 2,500.00 1 $ 23,400.00 1 $ 10,000.00 $ 26,000.00 $ 1%000.00 $ 4,800.00 w W N A O 0 0 u C1 O 0 o dl fD CO ,O 8 M t0 + O 0 O $ 8,350.00 I dl N 'to o o o 0) !A A N C) V O 00 0 o 0 0 u Oo 00 b 0 TOTAL PRICE N CO 0 m V en N In 8-43.00 $ 2,570.00 $ 3,125.00 (R $ 6,983.00 $ 13,085.00 M N CO W N 0 0 O O H m N 0 O H 'm 001 0 O H 0 W 0 0 M 0) N 0 0 $ 6,063.00 b N w; 01 69 N 1$ 260.00 M 00) s UNIT PRICE MICA Corporation PO Box 161609 Fort Worth, TX 76161 I $ 13,686.00 11 $ 10,280.00 $ 12,500.00 W O) b O N N 1 $ 1,430.00 11 1 $ 21,255.00 11 69 *9 0 W V7 0 0) O O 0 0 W 01 N 10 C In 0) 0 O O 0 O bl OWO i0 0 O $ 33,412.004 H 0) C7 W O O $ 6,975.00 W m O W 6 O 4/1 A N N O $ 4,940.00 $ 2,645.00 1,056.00 r TOTAL PRICE V-I > mC 1I 00 0 7 al r.. m 0 2 aa< N • 0 0 P2a a a a 3 o A 0 m co D 5 A 3 -1 m 3 z in co m 1 2 m n 0 E > ma A5Z ' 0 1z 0 to n y c. 0 in x m f/1 a 43 m3 dS a°i mg m gb 0 aa + N + M M M 7 N m W V N co Ot CO W J O N O CA M S 0 0 o 0 S S 0 m 6 5 5 0 Fa Fa 2 • yn Y Y Q1 a a so 3" 0 1 P n' p P S Y o 3 i aa 0 3 g TOTAL BASE BID PART 1 + PART 2 + ADDITIVE ALTERNATE - 3A11VNLI311V 3ALLIOOV + L 1NVd 018 3SV8 PART 1 ADDITIVE ALTERNATE: ITOTAL BASE BID PART 1 + PART 2: :18 +1) L 121Vd 018 3SV6 3NI121IV V HVHI1109 -8 N N N J W y N W 7 lo A m 9' CO CO C 9' a O O O 09•8[9'6 LC $ 00'4691124 $ N N N ro m 0 Z �1 N A O O 0 O OL'ZLZ'ZLL $ 09Z89'LZE $ 00'£6£'££14 $ a M 90 0 N 00'9ZZ'E60'L $ 00'9 It $ N 1D to N N b A 0 N 0) 90 2 99'199'6£9 $ OL'Z9Z196P $ TRAFFIC SIGNAL INSTALLATION ustin Traffic Signal F &W Electrical Contractors, Star Operations, Inc. Ine MICA Corporation PART 1 - GOLLIHAR 8 AIRLINE. AVERS & PORT AVENUE Construction CO, LP Inc. PART 2 - PARK ROAD 22/WHITECAP & 6H 361/COMMODORES PO Box 4100 PO Box 130 PO Box 98 PD Box 161609 PROJECT NO.6MS36666{ Corpus Christi, TX 78469 Round Rock, TX 78680 Florasville, TX 78114 Fort Worth, TX 76161 ITEM QTY UNIT DESCRIPTION UNIT TOTAL UNIT TOTAL UNIT TOTAL � UNIT TOTAL PRICE PRICE PRICE PRICE I PRICE PRICE PRICE PRICE 6 u"& vL khu'va tl 4 nyy " ...—.....4. ,...bcn. u�u i...e...�: ..-$- 1-,L. �'4 isi I4) k . k- H C 1 w i a., .,..tu_.adi :-- .- ----- ..e..! c- __....�.. , b1..,..d.L! m 3 c 2 1 �c o — z v O y m r yp pa • y P m O n m P to 9 ri o p M co) o r AAO 0 sc m 0 g g mow. x A o c w 0 ^ N 0 0 C a 6 O w 2y '1 g 6. ?rx =3 • O 0 I0 0o yo m 4! o a o m m o 9 3 1 0 a ao x . 0 v CO F. CI a" A a 0 --1 3m 0r 0 5 0,-71 30 m m:$ O z 0 W J aa< 7 00i Y m a Y Y a g0 0 a 0 m -4 a 1 m. m z 0 a c E > m 03 .7O c Z n 0 Z O Oto T 0 o' 73 c N n 1 m`C1 Wm m co A y N co 0o O N M O W O 0 0 $ 925,095.21 I TRAFFIC SIGNAL INSTALLATION PART 1 - AYERS & PORT AVENUE AND GOLLIHAR & AIRLINE PART 2 - PARK ROAD 22 & WHITECAP AND SH361 & COMMODORES (PROJECT NOS. 6453 & 6454) PROJECT BUDGET December 9, 2008 FUNDS AVAILABLE: ESTIMATED BUDGET 'Street CIP Fund FUNDS REQUIRED: Construction Cost (Star Operations Inc.) $ 745,176.50 Construction Contingencies 74,517.65 A/E Consultants: HDR Engineering Inc.: $40,000; LNV Engineering: $33,594 73,594.00 Engineering Reimbursements 22,355.30 Finance Reimbursements 7,451.77 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 925,095.21 —173— EXHIBIT "C" Page 1 of 1 \Mproject \councilexhibits\ exh6453AND6454.dwg RIVER 624 CORP'USCII?ISIXBay CITY PROJECT No. 6453 & 6454 fit 44 PART 2 — SH361 & COMMODORES IPART 2 — PARK ROAD 22 & WHITECAP LOCATION MAP NOT TO SCALE Gucy Og NEXtC0 EXHIBIT "D' Traffic Signal Installation: Part 1- Ayers & Port Avenue and Gollihar and Airline Part 2 - Park Road 22 & Whitecap and SH361 & Commodorea174_ CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI. TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/26/2008 6•164 NMI MP !Mt .rw 12 AGENDA MEMORANDUM City Council Action Date: December 9, 2008 SUBJECT: O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) 2008 (Project No. 8640) AGENDA ITEM: Motion authorizing the City Manager, or his designee, to execute a construction contract with A &R Demolition of Del Valle, Texas in the amount of $140,250 for the O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) 2008. ISSUE: The overhead chemical storage tanks are part of a chemical system no longer used at the O.N. Stevens Water Treatment Plant. The plant was constructed in 1954 and the tanks were part of the original structure. They have been abandoned for a number of years and are heavily corroded and pose a potential hazard due to potential collapse during windstorm events such as hurricanes. They are being removed and will not be replaced. The roof penetrations associated with the overhead storage tanks will be closed and the roofing repaired as part of this project. The project has bid and Council approval is needed in order to begin the demolition. FUNDING: Funding for this project will come from the Water Operating Budget FY 2008. RECOMMENDATION: Staff recommends approval of the motion as presented. / $ usta o Gonzale•, e� `0/1 Kevin R. Stowers Direct r of Water ervices Interim Director of Engineering Services Additional Support Material: Exhibit "A" Background Information Exhibit "B" Bid Tabulation Exhibit "C" Project Budget Exhibit "D" Location Map H: WOME 'Rathelb \GEMWater\ONSWTP\364o Demo of Storage TanksWgentlgy1tn19A_ AGENDA BACKGROUND INFORMATION SUBJECT: O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) 2008 (Project No. 8640) PROJECT DESCRIPTION: This project consists of the removal of four (4) steel chemical feed system overhead storage tanks. Two of the tanks are 20' diameter by 35' high and the other two tanks are 26' diameter by 45' high. The project also includes removal of associated steel access stairs and platforms; feed system operation apparatus; certain piping; roof flashing at tank penetration of roof; steel tank structural support columns (above roof) and bracing. There is also certain associated electrical power wiring /conduit work to be done. The remaining roof openings will be closed and reroofed. BID INFORMATION: On September 24, 2008, the City received proposals from five bidders (see Exhibit "B" Bid Tabulation). The project was bid as a lump sum for the demolition of the storage tanks and the bids ranged from $140,250 to $180,000. The estimated cost of construction is $187,500. The three lowest bidders were. 1. A &R Demolition $140,250 2. KMAC Construction $162,500 3. AMSR $163,082 The consultant, LNV Engineering, reviewed the information required in the special provisions that was submitted by A &R Demolition and AMSR; KMAC Construction did not submit the information. The consultant requested additional information from those two firms regarding project experience and references to further ascertain their demolition qualifications for this unique project. A &R Demolition submitted the additional information requested and AMSR did not respond. As a result, the consultant could not determine if AMSR was experienced in this particular type of work. The consultant checked A &R Demolition's references and they were all very favorable. City staff and LNV Engineering are recommending that the contract be awarded to A &R Demolition of Del Valle, Texas, in the amount of $140,250. CONTRACT TERMS: The project is estimated to require 60 calendar days, with completion anticipated in March 2009. PROJECT BACKGROUND: The overhead chemical storage tanks are part of a chemical system no longer used at the O.N. Stevens Water Treatment Plant. The plant was constructed in 1954 and the tanks were part of the original structure. They have been abandoned for a number of years and are heavily corroded and pose a potential hazard due to potential collapse during windstorm events such as hurricanes. They are being removed and will not be replaced. EXHIBIT "A" Page 1 of 2 H: MOMEtRachellelGEN lWaterIONSWTP18640.Demo of Storage Tanks tAgentlaltgound.doc PRIOR COUNCIL ACTION: 1. July 22, 2008 — Ordinance adopting the City of Corpus Christi budget for the ensuing fiscal year beginning August 1, 2008 to be filed with the County Clerk; appropriating monies as provided in the budget. (Ordinance No. 027776) PRIOR ADMINISTRATIVE ACTION: 1. Mav 2, 2008 — Administrative approval of a Small NE Agreement with LNV Engineering in the amount of $17,321 for the O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) 2008. 2. August 15, 2008 — Administrative approval of a Ratification of Oral Agreement for Consultant Services with All Points Environmental, LLC, in the amount of $515 for the O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) 2008 for lead sampling and report. 3. September 3, 2008 - Administrative approval of Ratification and Amendment No. 1 to the Agreement for Consultant Services with All Points Environmental, LLC, in the amount of $840 for the O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) 2008 for sampling services. EXHIBIT "A" Page 2 of 2 H1HOMaReehellelGEMWeter1ONSWTP113690-Gamo of Storage TankslAgentla Baakprpynd.tloc 0 N co ow N v L G 2W • W v1 W W 2 Q z o W J co • V O , z m N ui F Z V W • y LL c O w F d Tn Z C w "o re Q � a W O O Eo C C ca c II 0 • 8 o C Z Y J ma G0 W 0 F U =° • W F I- I- ONSWTP DEMOLITION OF CHEMICAL FEED A &R Demolition KMAC Construction AMSR Hunter Demolition Wiking Demolition SYSTEM (OVERHEAD STORAGE TANKS), 13201 FM 812 14940 Judson 4818 Gemini St T . 2101 Zanderson 2666 Walsh Road PROJECT NO. 8640 Del Valle, TX 78617 San Antonio, TX 78233 Corpus Christi, TX 78405 Jourdanton, TX 78023 San Antonio, TX 78224 ITEM QTY UNIT DESCRIPTION UNIT TOTAL UNIT TOTAL UNIT TOTAL UNIT - TOTAL UNIT TOTAL PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE PRICE ONSWTP Demolition of Al 1 LS Chemical Feed System 5140,250.00 $ 140,250.00 $162,500.00 $ 162,500.00 $163,082.00 $ 163,082.00 $164,000.00 $ 164,000.00 5180,000.00 $ 180,000.00 (Overhead Storage Tanks) 75 n y aU�. py,�'i9 YTM'�r2 ,.. r. aA 7 aL . c.! , 'Ir 4°i.�� 1 apvaP i i,, �/1 `' . .rot ut ,pa Ja ry,41,1,�p; 1 { $� "C d,...t awT r.' r� & k - f L.-V a 2.10S.S — _ ^� �6LYiv^.vtl.�'.'l�_L'1 a„� n.. ��uJ,4" �. �+ mv` �. C6e.$ �t" .s"%�r�X'd'I.�,:�+cGilW'i�! —.E:$ c�'�ka3i'u`3dr , t�-v: `n,.� A_,n_ adL,.....: `_ �' .'..�[ i�''�.�w.:i Tyr �u�'�t n,, ,. 0 ' a2, r n O N t c U a° 0 0 • a c • a O 1Wt • Y Q U~ gW wass 0 O IL ON= zoo Og0 0 re w0a 0 • 5 W N O • y t 0 z E � a .flJ < Lu O 0 M1 1- z W 1- FY411RIT "R'1 O.N. STEVENS WATER TREATMENT PLANT DEMOLITION OF CHEMICAL FEED SYSTEM (OVERHEAD STORAGE TANKS) (PROJECT NO. 8640) PROJECT BUDGET December 9, 2008 FUNDS AVAILABLE: ESTIMATED BUDGET Water Operating Fund 1 $ 186,171.00 FUNDS REQUIRED: Construction Cost (A &R Demolition) $ 140,250.00 Construction Contingencies 14,025.00 A/E Consultants (LNV Engineering) 17,321.00 Sampling Services (All Points Environmental) 1,355.00 Construction Inspection 5,610.00 Engineering Reimbursements 4,207.50 Finance Reimbursements 1,402.50 Incidental Expenses (Printing, Advertising, etc.) 2,000.00 Total $ 186,171.00 —181— EXHIBIT "C" Page 1 of 1 File : \ Mproject \councilexhibits \exh8640.dwg LOCATION MAP NOT TO SCALE PROJECT NO. 8640 VICINITY MAP NOT TO SCALE EXHIBIT "D" O.N. Stevens Water Treatment Plant Demolition of Chemical Feed System (Overhead Storage Tanks) CITY COUNCIL EXHIBIT CITY OF CORPUS CHRISTI, TEXAS DEPARTMENT OF ENGINEERING SERVICES PAGE: 1 of 1 DATE: 11/21/2008 13 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 9, 2008 AGENDA ITEM: Motion authorizing the City Manager to amend the Contracts for Services in Lieu of Annexation between the City and Sam Kane; Sam Kane Beef Processors, Inc.; Mary Hutchins Triestman Limited Partnership and Sam Kane Beef Processors, Inc.; and Abhud, LLC, and Sam Kane Beef Processors, Inc., which were authorized by the City Council on November 18, 2008, in relation to the disannexation of the property, by extending the terms of the contracts from five (5) to fifteen (15) years and clarifying terms for reannexing the properties and application of City ordinances to the properties. REQUIRED COUNCIL ACTION: Approval to amend the Contracts for Services in Lieu of Annexation between the City and Sam Kane and adjacent properties. PREVIOUS COUNCIL ACTION: Council approved a Chapter 380 Agreement with Sam Kane Beef Processors, Inc. on December 19, 2006; Council approved an amendment to the Chapter 380 Agreement on June 23, 2008; Council approved an ordinance for disannexation of Sam Kane Beef Processors, Inc. on November 18, 2008. CONCLUSION AND RECOMMENDATION: Sam Kane Beef Processors, Inc. is the 8'h largest employer in the City with over 850 employees and a gross payroll of $29 million. Staff recommends approval of the requested amendment for disannexation and related agreements. lrma Ca, a e o, Director Economic Development —185— BACKGROUND INFORMATION Council Action on November 18, 2008 • Approval of an ordinance to disannex property owed by Sam Kane and Sam Kane Beef Processors, Inc. • Approval of an ordinance to disannex adjacent properties ➢ Rachel Madean Brown Magill ➢ Mary Hutchins Triestman Limited Partnership ➢ Adhub, LLC ➢ Ann McMaster, General Partner, Haring Heirs ➢ Chessie Perkins ➢ Gladys V Stillwell ➢ Rose Mary Zvara, Trustee, RZ Realty Trust • 5 year term agreement with Sam Kane Beef Processors, Inc. On December 1, 2008, Jerry Kane advised the City that he had been notified by the U.S. Department of Agriculture (USDA) that the term of the agreement with the City must be the same as the term of the loan guarantee. The U. S. Department of Agriculture is guaranteeing the loan for an 18 years. The following are the amendments to the agreement previously approved by Council on November 18, 2008. Amendment to the Agreement • Change term of agreement to 15 years • Disannexation of the following properties as required by USDA ➢ Sam Kane Beef Processors, Inc. ➢ Sam Kane ➢ Mary Hutchins Triestman Limited Partnership ➢ Abhud, LLC —186— THE STATE OF TEXAS § COUNTY OF NUECES § CONTRACT FOR SERVICES IN LIEU OF ANNEXATION This Contract made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation of Nueces County, Texas ( "City "), and Sam Kane, Landowner, ( "Company "). WITNESSETH: WHEREAS, it is the general policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs and will attract the location of new and the retention and expansion of existing industries in the City and its environs, and this policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner of land and improvements on land within the extraterritorial jurisdiction of the City of Corpus Christi, and WHEREAS, upon execution of this contract by the City this land shall be known as "Corpus Christi Strategic Partnership Zone No. 2," and this land is more particularly described in Exhibit "A" by metes and bounds, as provided in Section VII and in Exhibit "B" by a listing of the property by account number designated by the Nueces County Appraisal District ( "NCAD ") or its successor attached to this Contract, and incorporated in this Contract for all purposes, in this Contract called "the land" and upon which Company has either constructed improvements; and WHEREAS, under the policy and the provisions of Section 43.0563, Texas Local Government Code, City is willing to enter into strategic partnership agreements for the provision of services to industries located within its extraterritorial jurisdiction in lieu of annexation; and WHEREAS, City desires to encourage the retention, updating, expansion, and growth of industries within the City and its environs, and for this purpose desires to enter into this Contract with Company. NOW, THEREFORE, in consideration of the premises, the mutual contracts of the parties in this Contract contained and under the authority granted under Section 43.0563, Texas Local Government Code, City and Company agree as follows: I. A.1. City covenants and agrees that during the term of this Contract, and subject to the terms and provisions of this Contract, the land will retain its extraterritorial status as a strategic partnership zone and shall continue to retain this status until and unless the Evil of 7 Contract for Services In Lieu of Annexation — Sam Kane — 12022008 status is changed under the terms of this Contract. Except as provided in this Contract, the City further covenants and agrees that it will not annex the land. 2. During the term of this Contract, City has no obligation to extend to the land any City services, except fire protection and City utility services being provided to and paid for by Company on the date of this Contract, including water, wastewater, gas, and storm water services. Utility services will be provided at inside city limits rates. B. Further, City and Company agree that during the term of this Contract, Company shall comply with the City's: 1. Ordinances, rules, or regulations governing mod- platting of the land. Company further agrees that it will in no way divide the land or additions to this Contract without complying with State law and City ordinances governing subdivision of land. 2. Ordinances, rules, or regulations prescribing any building, electrical, energy conservation, fuel gas, mechanical, plumbing, inspection, or other technical construction code or codes. 3. Company agrees to pay the municipal solid waste system service charge, that would apply if the property was located within the city limits. I- Company covenants and agrees that this Contract must be treated as a petition for annexation of the land and a request for immediate annexation upon termination of this Contract. Upon termination of this Contract for default, or termination at the request of-either-party the Company, the lands are automatically annexed into the City, and the Company waives any and all rights to contest the annexation by the City. This covenant is a covenant running with the land, and is binding upon the Company's successors and assigns. 11. The term of this Contract shall be five (5) fifteen (15) years beginning December 1, 2008, and continuing until November 30, 2013 2023, unless extended for additional period or periods of time upon mutual consent of Company. If this Contract is not extended for an additional period or periods of time on or before May 31 of the final calendar year of the term of this Contract, then the immunity from annexation granted in this Contract terminates on that date, but all other terms of this Contract shall remain in Ptg %2 of 7 effect for the remainder of the term; provided, however, the effective date and time of annexation may not be earlier than midnight of November 30 of the final year of the term. Each year during the term of this Contract, Company shall pay to City an amount in lieu of taxes on the land, including improvements and personal property located on the land, equal to one hundred percent (100 %) of the amount of ad valorem taxes based upon the market value of the land, improvements, and personal property, which would otherwise be payable to City by Company if the land were situated within the city limits of City. IV. A. Company agrees to pay to City on or before January 31 of the year following each year during the term of this Contract all payments in lieu of taxes provided for under this Contract without discount for early payment. The present ratio of ad valorem tax assessment used by City is one hundred percent (100 %) of the fair market value of property, including land, improvements, and personal property. Any change in the ratio used by City shall be reflected in any subsequent computations under this Contract. This Contract and the method of determining and fixing the amount of in lieu of taxes payments under this Contract shall be subject to all provisions of law relating to determination of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization, and appeal. B. In determining the Company's in lieu of taxes annual payment required under this Contract, the calculation shall be made utilizing the fair market value of all property determined by NCAD or its successor under provisions of the Texas Property Tax Code. The Company shall timely provide information and reports required under Texas law, rules, and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Upon written request each year by the City's Collection Section, the Company will provide the City with the certified fair market value assessment for use in calculation and preparation of the annual in -lieu tax payment. V. If Company elects to protest the valuation set on any of its properties by Nueces County Appraisal District (NCAD) for any year or years during the term of this Contract, it is agreed that nothing in this Contract shall preclude the protest and Company shall have the right to take all legal steps desired by it to reduce the same as if the property were located within the City, except with regard to the exemptions in Part IV B. Notwithstanding any protest by Company, Company agrees to pay to City an initial in lieu of tax payment, on or before the date provided for in this Contract, of at least the amount of the payment in lieu of taxes on the land, improvements, and personal property that would be due by Company to City under this Contract on the basis of PaCg 3of7 Contract for Services In Lieu of Annexation -- Sam Kane — 12022008 renditions filed by Company with City's Collection Section for that year on the basis of the assessment of this Contract for the last preceding year, whichever is higher. When the valuation on the property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter Company shall make to City any additional payment due based on the final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of Company's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for that year by Company, then within thirty (30) days thereafter City shall make to Company any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI. A. If Company fails or refuses to comply with all or any of the terms, conditions, and obligations in this Contract imposed upon the Company, then this Contract may be terminated at the option of City and the City may elect to sue to recover any sum or sums remaining due under this Contract or take any other action which in the sole discretion of the City it deems best. If the City elects to sue to recover any sum due under this Contract, the penalties, interest, attorney's fees, and cost of collection are recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. If the Company is an industry covered by the third paragraph of Section 2 of Ordinance 15898, as amended, failure to comply with the terms of that paragraph constitutes grounds for termination of this Contract, provided however, that the Company must be given written notice of the grounds for termination and if within sixty (60) days the Company complies or demonstrates a satisfactory plan of compliance (where compliance requires more than sixty (60) days) the Contract may not be terminated. The lands are automatically annexed into the City upon termination of the Contract. B. If Company defaults in paying in lieu of tax payments under this Contract, City is entitled to a tax lien on the land and improvements; and the lien may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. C. If City breaches this Contract by annexing or attempting to pass an ordinance annexing any of the land, Company may enjoin City from the date of its breach for the balance of the term of this Contract, from enforcing any annexation ordinance adopted in violation of this Contract and from taking any further action in violation of this Contract. If Company elects to pursue this remedy, then so long as City specifically performs its obligations under this Contract, under injunctive order or otherwise, Company shall continue to make the annual payments required by this Contract. VII. Company agrees to provide to City at Company's expense, a survey plat and field note description of the land. Ne04 of 7 vlll. A. If any attempt to annex any of the land owned, used, occupied, leased, rented, or possessed by Company, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the land or property, the City shall seek a temporary and permanent injunction against the annexation or incorporation; with the cooperation of Company, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the Company; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. B.1. If City and Company are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation, Company shall have the option of: (a) Terminating this Contract, effective as of the date of the annexation or incorporation. (b) Continuing to make the in lieu of taxes payments required under this Contract. 2. This option must be exercised within thirty (30) days after the application for the temporary injunction is denied. 3. If Company elects to continue the in lieu of taxes payments, the City shall place future payments under this Contract together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest - bearing escrow account that must be held by City subject to the following: (a) If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and /or upholding the annexation or incorporation, then all these payments and accrued interest must be refunded to Company. (b) If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and /or invalidating the annexation or incorporation, then all the payments and accrued interest may be retained for use by City. IX. This Contract inures to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and remains in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the land, and this Contract contained must be held to be covenants running with the land for so long as this Contract or any extension of this Contract remains in force. X. In all of its procurements, including, but not limited to, procurements of supplies, materials, equipment, service contracts, construction contracts, and professional Papg15 of 7 Contract for Services In Lieu of Annexation — Sam Kane — 12022008 services contracts, the Company shall use reasonable efforts to procure same from businesses located within Nueces County, unless same are not reasonably and competitively available within the area. Company acknowledges that the City provides a regional water system that is critical to the well -being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. Company agrees to provide six months written notice of any intent or action to obtain water from any source other than the City. The Company shall make reasonable efforts to determine local availability and competitiveness of other supplies, materials, equipment, service, construction, and professional service contracts, but shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. XI. If any word, phrase, clause, sentence, paragraph, section, article or other part of this Contract or the application of this Contract to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Contract shall be deemed to be independent of and separable from the remainder of this Contract and the validity of the remaining parts of this Contract shall not be affected thereby, unless the holding has the effect of diminishing the revenues payable to City under this Contract. XII. This Contract may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this day of November, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager LEGAL FORM APPROVED: November , 2008 R. Jay Reining First Assistant City Attorney For City Attorney P1gF26 of 7 CITY OF CORPUS CHRISTI ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on November _, 2008, by 'Angel R. Escobar, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas SAM KANE LANDOWNER By: Jerry Kane LANDOWNER ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES § Before me, the notary public whose name is signed and printed (or typed) below, on this day personally appeared Jerry Kane, , Sam Kane, as landowner, for the purposes and consideration in this Contract expressed. Given under my hand and seal of office this day of November, 2008. Notary Public, State of Texas P1 %e37of7 Contract for Services In Lieu of Annexation — Sam Kane — 12022008 THE STATE OF TEXAS § COUNTY OF NUECES § CONTRACT FOR SERVICES IN LIEU OF ANNEXATION This Contract made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation of Nueces County, Texas ( "City "), and Sam Kane Beef Processors, Inc., a Texas for - profit corporation, Landowner, ( "Company "). WITNESSETH: WHEREAS, it is the general policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs and will attract the location of new and the retention and expansion of existing industries in the City and its environs, and this policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, Company is the owner of land and improvements on land within the extraterritorial jurisdiction of the City of Corpus Christi, and WHEREAS, upon execution of this contract by the City this land shall be known as "Corpus Christi Strategic Partnership Zone No. 1," and this land is more particularly described in Exhibit "A" by metes and bounds, as provided in Section VII and in Exhibit "B" by a listing of the property by account number designated by the Nueces County Appraisal District ( "NCAD ") or its successor attached to this Contract, and incorporated in this Contract for all purposes, in this Contract called "the land" and upon which Company has either constructed improvements; and WHEREAS, under the policy and the provisions of Section 43.0563, Texas Local Government Code, City is willing to enter into strategic partnership agreements for the provision of services to industries located within its extraterritorial jurisdiction in lieu of annexation; and WHEREAS, City desires to encourage the retention, updating, expansion, and growth of industries within the City and its environs, and for this purpose desires to enter into this Contract with Company. NOW, THEREFORE, in consideration of the premises, the mutual contracts of the parties in this Contract contained and under the authority granted under Section 43.0563, Texas Local Government Code, City and Company agree as follows: I. A.1. City covenants and agrees that during the term of this Contract, and subject to the terms and provisions of this Contract, the land will retain its extraterritorial status as a strategic partnership zone and shall continue to retain this status until and unless the Pll1 of 7 status is changed under the terms of this Contract. Except as provided in this Contract, the City further covenants and agrees that it will not annex the land. 2. During the term of this Contract, City has no obligation to extend to the land any City services, except fire protection and City utility services being provided to and paid for by Company on the date of this Contract, including water, wastewater, gas, and storm water services. Utility services will be provided at inside city limits rates. B. Further, City and Company agree that during the term of this Contract, Company shall comply with the City's: 1. Ordinances, rules, or regulations governing zoning-acid-platting of the land. Company further agrees that it will in no way divide the land or additions to this Contract without complying with State law and City ordinances governing subdivision of land. 2. Ordinances, rules, or regulations prescribing any building, electrical, energy conservation, fuel gas, mechanical, plumbing, inspection, or other technical construction code or codes. 3. Company agrees to pav the -- • . --- - •. -- - • et •_ .._ municipal solid waste system service charge, that would apply if the property was located within the city limits. D— Company covenants and agrees that this Contract must be treated as a petition for annexation of the land and a request for immediate annexation upon termination of this Contract. Upon termination of this Contract for • efault; or termination at the request of-either-party the Company, the lands are automatically annexed into the City, and the Company waives any and all rights to contest the annexation by the City. This covenant is a covenant running with the land, and is binding upon the Company's successors and assigns. 11. The term of this Contract shall be five (5) fifteen (15) years beginning December 1, 2008, and continuing until November 30, 2013 2023, unless extended for additional period or periods of time upon mutual consent of Company. If this Contract is not extended for an additional period or periods of time on or before May 31 of the final calendar year of the term of this Contract, then the immunity from annexation granted in this Contract terminates on that date, but all other terms of this Contract shall remain in Pa$g of 7 Contract for Services In Lieu of Annexation — SKBP — 12022008 effect for the remainder of the term; provided, however, the effective date and time of annexation may not be earlier than midnight of November 30 of the final year of the term. 111. Each year during the term of this Contract, Company shall pay to City an amount in lieu of taxes on the land, including improvements and personal property located on the land, equal to one hundred percent (100 %) of the amount of ad valorem taxes based upon the market value of the land, improvements, and personal property, which would otherwise be payable to City by Company if the land were situated within the city limits of City. IV. A. Company agrees to pay to City on or before January 31 of the year following each year during the term of this Contract all payments in lieu of taxes provided for under this Contract without discount for early payment. The present ratio of ad valorem tax assessment used by City is one hundred percent (100 %) of the fair market value of property, including land, improvements, and personal property. Any change in the ratio used by City shall be reflected in any subsequent computations under this Contract. This Contract and the method of determining and fixing the amount of in lieu of taxes payments under this Contract shall be subject to all provisions of law relating to determination of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization, and appeal. B. In determining the Company's in lieu of taxes annual payment required under this Contract, the calculation shall be made utilizing the fair market value of all property determined by NCAD or its successor under provisions of the Texas Property Tax Code. The Company shall timely provide information and reports required under Texas law, rules, and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Upon written request each year by the City's Collection Section, the Company will provide the City with the certified fair market value assessment for use in calculation and preparation of the annual in -lieu tax payment. V. If Company elects to protest the valuation set on any of its properties by Nueces County Appraisal District (NCAD) for any year or years during the term of this Contract, it is agreed that nothing in this Contract shall preclude the protest and Company shall have the right to take all legal steps desired by it to reduce the same as if the property were located within the City, except with regard to the exemptions in Part IV B. Notwithstanding any protest by Company, Company agrees to pay to City an initial in lieu of tax payment, on or before the date provided for in this Contract, of at least the amount of the payment in lieu of taxes on the land, improvements, and personal property that would be due by Company to City under this Contract on the basis of Pe3of7 renditions filed by Company with City's Collection Section for that year on the basis of the assessment of this Contract for the last preceding year, whichever is higher. When the valuation on the property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of the controversy, then within thirty (30) days thereafter Company shall make to City any additional payment due based on the final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of Company's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for that year by Company, then within thirty (30) days thereafter City shall make to Company any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI. A. If Company fails or refuses to comply with all or any of the terms, conditions, and obligations in this Contract imposed upon the Company, then this Contract may be terminated at the option of City and the City may elect to sue to recover any sum or sums remaining due under this Contract or take any other action which in the sole discretion of the City it deems best. If the City elects to sue to recover any sum due under this Contract, the penalties, interest, attorney's fees, and cost of collection are recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. If the Company is an industry covered by the third paragraph of Section 2 of Ordinance 15898, as amended, failure to comply with the terms of that paragraph constitutes grounds for termination of this Contract, provided however, that the Company must be given written notice of the grounds for termination and if within sixty (60) days the Company complies or demonstrates a satisfactory plan of compliance (where compliance requires more than sixty (60) days) the Contract may not be terminated. The lands are automatically annexed into the City upon termination of the Contract. B. If Company defaults in paying in lieu of tax payments under this Contract, City is entitled to a tax lien on the land and improvements; and the lien may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. C. If City breaches this Contract by annexing or attempting to pass an ordinance annexing any of the land, Company may enjoin City from the date of its breach for the balance of the term of this Contract, from enforcing any annexation ordinance adopted in violation of this Contract and from taking any further action in violation of this Contract. If Company elects to pursue this remedy, then so long as City specifically performs its obligations under this Contract, under injunctive order or otherwise, Company shall continue to make the annual payments required by this Contract. VII. Company agrees to provide to City at Company's expense, a survey plat and field note description of the land. Pa�� 5 of Contract for Services In Lieu of Annexation — SKBP — 12022008 VIII. A. If any attempt to annex any of the land owned, used, occupied, leased, rented, or possessed by Company, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the land or property, the City shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of Company, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be borne equally by the Company; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. B.1. If City and Company are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation, Company shall have the option of: (a) Terminating this Contract, effective as of the date of the annexation or incorporation. (b) Continuing to make the in lieu of taxes payments required under this Contract. 2. This option must be exercised within thirty (30) days after the application for the temporary injunction is denied. 3. If Company elects to continue the in lieu of taxes payments, the City shall place future payments under this Contract together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest - bearing escrow account that must be held by City subject to the following: (a) If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and /or upholding the annexation or incorporation, then all these payments and accrued interest must be refunded to Company. (b) If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and /or invalidating the annexation or incorporation, then all the payments and accrued interest may be retained for use by City. IX. This Contract inures to the benefit of and be binding upon City and Company, and upon Company's successors and assigns, affiliates and subsidiaries, and remains in force whether Company sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the land, and this Contract contained must be held to be covenants running with the land for so long as this Contract or any extension of this Contract remains in force. X. In all of its procurements, including, but not limited to, procurements of supplies, materials, equipment, service contracts, construction contracts, and professional NV_ of7 ^- - - - -- ^^ _ QVDD _ 9n99nna services contracts, the Company shall use reasonable efforts to procure same from businesses located within Nueces County, unless same are not reasonably and competitively available within the area. Company acknowledges that the City provides a regional water system that is critical to the well -being and economic growth of the entire area and that it is important for each customer to continue to use the system as its principal source of water. Company agrees to provide six months written notice of any intent or action to obtain water from any source other than the City. The Company shall make reasonable efforts to determine local availability and competitiveness of other supplies, materials, equipment, service, construction, and professional service contracts, but shall not be required to maintain records regarding this requirement other than those normally kept in its usual course of business. XI. If any word, phrase, clause, sentence, paragraph, section, article or other part of this Contract or the application of this Contract to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Contract shall be deemed to be independent of and separable from the remainder of this Contract and the validity of the remaining parts of this Contract shall not be affected thereby, unless the holding has the effect of diminishing the revenues payable to City under this Contract. XII. This Contract may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this day of November, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager LEGAL FORM APPROVED: November _, 2008 R. Jay Reining First Assistant City Attorney For City Attorney P.99 #-pf 7 rnnfr rf fn. S:o,virne In I 'pi] of Annexation — SKBP — 12022008 CITY OF CORPUS CHRISTI ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES § This instrument was acknowledged before me on November _, 2008, by 'Angel R. Escobar, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas SAM KANE BEEF PROCESSORS, INC. LANDOWNER By: Jerry Kane President and CEO LANDOWNER ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § Before me, the notary public whose name is signed and printed (or typed) below, on this day personally appeared Jerry Kane, President and CEO, Sam Kane Beef Processors, Inc., a Texas for - profit corporation, as landowner, for the purposes and consideration in this Contract expressed. Given under my hand and seal of office this day of November, 2008. Notary Public, State of Texas _2Page 7 of 7 n ip THE STATE OF TEXAS § COUNTY OF NUECES § CONTRACT FOR SERVICES IN LIEU OF ANNEXATION This Contract made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation of Nueces County, Texas ( "City "), Mary Hutchins Triestman Limited Partnership, ( "Landowner"), and Sam Kane Beef Processors, Inc. ( "Sam Kane "). WITNESSETH: WHEREAS, it is the general policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs and will attract the location of new and the retention and expansion of existing industries in the City and its environs, and this policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, Landowner is the owner of land and improvements on land within the extraterritorial jurisdiction of the City of Corpus Christi, and WHEREAS, upon execution of this contract by the City this land shall be known as "Corpus Christi Strategic Partnership Zone No. 4," and this land is more particularly described in Exhibit "A" by metes and bounds, as provided in Section VII and in Exhibit "B" by a listing of the property by account number designated by the Nueces County Appraisal District ( "NCAD ") or its successor attached to this Contract, and incorporated in this Contract for all purposes, in this Contract called "the land" and upon which Landowner has either constructed improvements; and WHEREAS, under the policy and the provisions of Section 43.0563, Texas Local Govemment Code, City is willing to enter into strategic partnership agreements for the provision of services within its extraterritorial jurisdiction in lieu of annexation; and NOW, THEREFORE, in consideration of the premises, the mutual contracts of the parties in this Contract contained and under the authority granted under Section 43.0563, Texas Local Government Code, City and Landowner agree as follows: I. A.1. City covenants and agrees that during the term of this Contract, and subject to the terms and provisions of this Contract, the land will retain its extraterritorial status as a strategic partnership zone and shall continue to retain this status until and unless the status is changed under the terms of this Contract. Except as provided in this Contract, the City further covenants and agrees that it will not annex the land. PN1of7 Kane Contract for Services In Lieu of Annexation — Landowner#4 — 12022008 2. During the term of this Contract, City has no obligation to extend to the land any City services, except fire protection and City utility services, including water, wastewater, gas, and storm water services. Utility services will be provided at inside city limits rates. B. Further, City and Landowner agree that during the term of this Contract, Landowner shall comply with the City's: 1. Ordinances, rules, or regulations goveming zoning -and- platting of the land. Landowner further agrees that it will in no way divide the land or additions to this Contract without complying with State law and City ordinances governing subdivision of land. 2. Ordinances, rules, or regulations prescribing any building, electrical, energy conservation, fuel gas, mechanical, plumbing, inspection, or other technical construction code or codes. 3. Landowner agrees to pay the municipal solid waste system service charge, that would apply if the property was located within the city limits. a— Landowner covenants and agrees that this Contract must be treated as a petition for annexation of the land and a request for immediate annexation upon termination of this Contract. Upon termination of this Contract for default; or termination at the request of-eithery4arty the Landowner, the lands are automatically annexed into the City, and the Landowner waives any and all rights to contest the annexation by the City. This covenant is a covenant running with the land, and is binding upon the Landowner's successors and assigns. II. The terns of this Contract shall be five (5) fifteen (15) years beginning December 1, 2008, and continuing until November 30, 2013 2023, unless extended for additional period or periods of time upon mutual consent of Landowner. If this Contract is not extended for an additional period or periods of time on or before May 31 of the final calendar year of the term of this Contract, then the immunity from annexation granted in this Contract terminates on that date, but all other terms of this Contract shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation may not be earlier than midnight of November 30 of the final year of the term. F_Via22 of 7 ul. Each year during the term of this Contract, Sam Kane Beef Processors, Inc., shall pay to the City, for the Landowner, an amount in lieu of taxes on the land, including improvements and personal property located on the land, equal to one hundred percent (100 %) of the amount of ad valorem taxes based upon the market value of the land, improvements, and personal property, which would otherwise be payable to City by Landowner if the land were situated within the city limits of City. IV. A. Sam Kane agrees to pay to City on or before January 31 of the year following each year during the term of this Contract all payments in lieu of taxes provided for under this Contract without discount for early payment. The present ratio of ad valorem tax assessment used by City is one hundred percent (100 %) of the fair market value of property, including land, improvements, and personal property. Any change in the ratio used by City shall be reflected in any subsequent computations under this Contract. This Contract and the method of determining and fixing the amount of in lieu of taxes payments under this Contract shall be subject to all provisions of law relating to determination of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization, and appeal. B. In determining the Landowner's in lieu of taxes annual payment required under this Contract, the calculation shall be made utilizing the fair market value of all property determined by NCAD or its successor under provisions of the Texas Property Tax Code. The Landowner shall timely provide information and reports required under Texas law, rules, and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Upon written request each year by the City's Collection Section, the Landowner will provide the City with the certified fair market value assessment for use in calculation and preparation of the annual in -lieu tax payment. V. If Landowner elects to protest the valuation set on any of its properties by Nueces County Appraisal District (NCAD) for any year or years during the term of this Contract, it is agreed that nothing in this Contract shall preclude the protest and Landowner shall have the right to take all legal steps desired by it to reduce the same as if the property were located within the City, except with regard to the exemptions in Part IV B. Notwithstanding any protest by Landowner, Landowner agrees to pay to City an initial in lieu of tax payment, on or before the date provided for in this Contract, of at least the amount of the payment in lieu of taxes on the land, improvements, and personal property that would be due by Landowner to City under this Contract on the basis of renditions filed by Landowner with City's Collection Section for that year on the basis of the assessment of this Contract for the last preceding year, whichever is higher. When the valuation on the property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of P3 of 7 Kane Contract for Services In Lieu of Annexation — Landowner#4 — 12022008 the controversy, then within thirty (30) days thereafter Landowner shall make to City any additional payment due based on the final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of Landowner's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for that year by Landowner, then within thirty (30) days thereafter City shall make to Landowner any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI. A. If Landowner or Sam Kane fails or refuses to comply with all or any of the terms, conditions, and obligations in this Contract imposed upon the Landowner or Sam Kane, then this Contract may be terminated at the option of City and the City may elect to sue to recover any sum or sums remaining due under this Contract or take any other action which in the sole discretion of the City it deems best. If the City elects to sue to recover any sum due under this Contract, the penalties, interest, attorney's fees, and cost of collection are recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. The lands are automatically annexed into the City upon termination of the Contract. B. If Landowner or Sam Kane defaults in paying in lieu of tax payments under this Contract, City is entitled to a tax lien on the land and improvements; and the lien may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. C. If City breaches this Contract by annexing or attempting to pass an ordinance annexing any of the land, Landowner may enjoin City from the date of its breach for the balance of the term of this Contract, from enforcing any annexation ordinance adopted in violation of this Contract and from taking any further action in violation of this Contract. If Landowner elects to pursue this remedy, then so long as City specifically performs its obligations under this Contract, under injunctive order or otherwise, Landowner shall continue to make the annual payments required by this Contract. VII. Landowner agrees to provide to City at Landowner's expense, a survey plat and field note description of the land. VIII. A. If any attempt to annex any of the land owned, used, occupied, leased, rented, or possessed by Landowner, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the land or property, the City shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of Landowner, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be PNi4 of 7 borne equally by the Landowner; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. B.1. If City and Landowner are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation, Landowner shall have the option of: (a) Terminating this Contract, effective as of the date of the annexation or incorporation. (b) Continuing to make the in lieu of taxes payments required under this Contract. 2. This option must be exercised within thirty (30) days after the application for the temporary injunction is denied. 3. If Landowner or Sam Kane elects to continue the in lieu of taxes payments, the City shall place future payments under this Contract together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest - bearing escrow account that must be held by City subject to the following: (a) If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and /or upholding the annexation or incorporation, then all these payments and accrued interest must be refunded to Landowner. (b) If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and /or invalidating the annexation or incorporation, then all the payments and accrued interest may be retained for use by City. IX. This Contract inures to the benefit of and be binding upon City, Landowner, and Sam Kane, and upon Landowner's and Sam Kane's successors and assigns, affiliates and subsidiaries, and remains in force whether Landowner or Sam Kane sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the land, and this Contract contained must be held to be covenants running with the land for so long as this Contract or any extension of this Contract remains in force. X. If any word, phrase, clause, sentence, paragraph, section, article or other part of this Contract or the application of this Contract to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Contract shall be deemed to be independent of and separable from the remainder of this Contract and the validity of the remaining parts of this Contract shall not be affected thereby, unless the holding has the effect of diminishing the revenues payable to City under this Contract. Pa9655 of 7 Kane Contract for Services In Lieu of Annexation — Landowner#4 — 12022008 XI. This Contract may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this day of November, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager LEGAL FORM APPROVED: November , 2008 R. Jay Reining First Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § This instrument was acknowledged before me on November _, 2008, by 'Angel R. Escobar, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas LANDOWNER Mary Hutchins Triestman Limited Partnership By: P §of7 LANDOWNER ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § Before me, the notary public whose name is signed and printed (or typed) below, on this day personally appeared , Mary Hutchins Triestman Limited Partnership, as landowner, for the purposes and consideration in this Contract expressed. Given under my hand and seal of office this day of November, 2008. Notary Public, State of Texas SAM KANE BEEF PROCESSORS, INC. LANDOWNER By: Jerry Kane President and CEO SAM KANE BEEF PROCESSORS' ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § Before me, the notary public whose name is signed and printed (or typed) below, on this day personally appeared Jerry Kane, President and CEO, Sam Kane Beef Processors, Inc., a Texas for - profit corporation, as landowner, for the purposes and consideration in this Contract expressed. Given under my hand and seal of office this day of November, 2008. Notary Public, State of Texas Pam 7_of 7 Kane Cnntract fnr Services In Lieu of Annexation — Landowner#4 — 12022008 An) THE STATE OF TEXAS § COUNTY OF NUECES § CONTRACT FOR SERVICES IN LIEU OF ANNEXATION This Contract made and entered into by and between the City of Corpus Christi, Texas, a municipal corporation of Nueces County, Texas ( "City "), Adhub, LLC, ( "Landowner"), and Sam Kane Beef Processors, Inc. ( "Sam Kane "). WITNESSETH: WHEREAS, it is the general policy of the City Council of the City of Corpus Christi, Texas, to adopt reasonable measures permitted by law that will tend to enhance the economic stability and growth of the City and its environs and will attract the location of new and the retention and expansion of existing industries in the City and its environs, and this policy is hereby reaffirmed and adopted by this City Council as being in the best interest of the City and its citizens; and WHEREAS, Landowner is the owner of land and improvements on land within the extraterritorial jurisdiction of the City of Corpus Christi, and WHEREAS, upon execution of this contract by the City this land shall be known as "Corpus Christi Strategic Partnership Zone No. 5," and this land is more particularly described in Exhibit "A" by metes and bounds, as provided in Section VII and in Exhibit "B" by a listing of the property by account number designated by the Nueces County Appraisal District ( "NCAD ") or its successor attached to this Contract, and incorporated in this Contract for all purposes, in this Contract called "the land" and upon which Landowner has either constructed improvements; and WHEREAS, under the policy and the provisions of Section 43.0563, Texas Local Government Code, City is willing to enter into strategic partnership agreements for the provision of services within its extraterritorial jurisdiction in lieu of annexation; and NOW, THEREFORE, in consideration of the premises, the mutual contracts of the parties in this Contract contained and under the authority granted under Section 43.0563, Texas Local Government Code, City and Landowner agree as follows: I. A.1. City covenants and agrees that during the term of this Contract, and subject to the terms and provisions of this Contract, the land will retain its extraterritorial status as a strategic partnership zone and shall continue to retain this status until and unless the status is changed under the terms of this Contract. Except as provided in this Contract, the City further covenants and agrees that it will not annex the land. Pa1 of 7 2. During the term of this Contract, City has no obligation to extend to the land any City services, except fire protection and City utility services, including water, wastewater, gas, and storm water services. Utility services will be provided at inside city limits rates. B. Further, City and Landowner agree that during the term of this Contract, Landowner shall comply with the City's: 1. Ordinances, rules, or regulations governing aening -and- platting of the land. Landowner further agrees that it will in no way divide the land or additions to this Contract without complying with State law and City ordinances governing subdivision of land. 2. Ordinances, rules, or regulations prescribing any building, electrical, energy conservation, fuel gas, mechanical, plumbing, inspection, or other technical construction code or codes. 3. Landowner agrees to pay the municipal solid waste system service charge, that would apply if the property was located within the city limits. a— Landowner covenants and agrees that this Contract must be treated as a petition for annexation of the land and a request for immediate annexation upon termination of this Contract. Upon termination of this Contract for default, or termination at the request of- either -party the Landowner, the lands are automatically annexed into the City, and the Landowner waives any and all rights to contest the annexation by the City. This covenant is a covenant running with the land, and is binding upon the Landowner's successors and assigns. 11. The term of this Contract shall be five (5) fifteen (15) years beginning December 1, 2008, and continuing until November 30, 2013 2023, unless extended for additional period or periods of time upon mutual consent of Landowner. If this Contract is not extended for an additional period or periods of time on or before May 31 of the final calendar year of the term of this Contract, then the immunity from annexation granted in this Contract terminates on that date, but all other terms of this Contract shall remain in effect for the remainder of the term; provided, however, the effective date and time of annexation may not be earlier than midnight of November 30 of the final year of the term. Pa92of7 Kane Contract for Services In Lieu of Annexation — Landowner#5 — 12022008 Each year during the term of this Contract, Sam Kane Beef Processors, Inc., shall pay to the City, for the Landowner, an amount in lieu of taxes on the land, including improvements and personal property located on the land, equal to one hundred percent (100 %) of the amount of ad valorem taxes based upon the market value of the land, improvements, and personal property, which would otherwise be payable to City by Landowner if the land were situated within the city limits of City. IV. A. Sam Kane agrees to pay to City on or before January 31 of the year following each year during the term of this Contract all payments in lieu of taxes provided for under this Contract without discount for early payment. The present ratio of ad valorem tax assessment used by City is one hundred percent (100 %) of the fair market value of property, including land, improvements, and personal property. Any change in the ratio used by City shall be reflected in any subsequent computations under this Contract. This Contract and the method of determining and fixing the amount of in lieu of taxes payments under this Contract shall be subject to all provisions of law relating to determination of market value and taxation, including, but not limited to, laws relating to rendition, assessment, equalization, and appeal. B. In determining the Landowner's in lieu of taxes annual payment required under this Contract, the calculation shall be made utilizing the fair market value of all property determined by NCAD or its successor under provisions of the Texas Property Tax Code. The Landowner shall timely provide information and reports required under Texas law, rules, and regulations to NCAD or its designee, so that the appraisal process can be completed in accordance with all applicable state laws. Upon written request each year by the City's Collection Section, the Landowner will provide the City with the certified fair market value assessment for use in calculation and preparation of the annual in -lieu tax payment. V. If Landowner elects to protest the valuation set on any of its properties by Nueces County Appraisal District (NCAD) for any year or years during the term of this Contract, it is agreed that nothing in this Contract shall preclude the protest and Landowner shall have the right to take all legal steps desired by it to reduce the same as if the property were located within the City, except with regard to the exemptions in Part IV B. Notwithstanding any protest by Landowner, Landowner agrees to pay to City an initial in lieu of tax payment, on or before the date provided for in this Contract, of at least the amount of the payment in lieu of taxes on the land, improvements, and personal property that would be due by Landowner to City under this Contract on the basis of renditions filed by Landowner with City's Collection Section for that year on the basis of the assessment of this Contract for the last preceding year, whichever is higher. When the valuation on the property has been finally determined, either as the result of final judgment of a court of competent jurisdiction or as the result of other final settlement of _9w3of7 nnnnnn AO the controversy, then within thirty (30) days thereafter Landowner shall make to City any additional payment due based on the final valuation. If as a result of final judgment of a court of competent jurisdiction, or as the result of other final settlement of the controversy, the valuation of Landowner's property is established as an amount less than the amount used to compute the initial in lieu of tax payment for that year by Landowner, then within thirty (30) days thereafter City shall make to Landowner any payment due based on the difference between the initial payment and that which is computed based on the final settlement. VI. A. If Landowner or Sam Kane fails or refuses to comply with all or any of the terms, conditions, and obligations in this Contract imposed upon the Landowner or Sam Kane, then this Contract may be terminated at the option of City and the City may elect to sue to recover any sum or sums remaining due under this Contract or take any other action which in the sole discretion of the City it deems best. If the City elects to sue to recover any sum due under this Contract, the penalties, interest, attorney's fees, and cost of collection are recoverable by the City as would be in a suit to recover delinquent ad valorem taxes. The lands are automatically annexed into the City upon termination of the Contract. B. If Landowner or Sam Kane defaults in paying in lieu of tax payments under this Contract, City is entitled to a tax lien on the land and improvements; and the lien may be enforced by City in the same manner as provided by law for the collection of delinquent ad valorem taxes. C. If City breaches this Contract by annexing or attempting to pass an ordinance annexing any of the land, Landowner may enjoin City from the date of its breach for the balance of the term of this Contract, from enforcing any annexation ordinance adopted in violation of this Contract and from taking any further action in violation of this Contract. If Landowner elects to pursue this remedy, then so long as City specifically performs its obligations under this Contract, under injunctive order or otherwise, Landowner shall continue to make the annual payments required by this Contract. VII. Landowner agrees to provide to City at Landowner's expense, a survey plat and field note description of the land. VIII. A. If any attempt to annex any of the land owned, used, occupied, leased, rented, or possessed by Landowner, is made by another municipality, or if the incorporation of any new municipality should attempt to include within its limits the land or property, the City shall seek a temporary and permanent injunction against the annexation or incorporation, with the cooperation of Landowner, and shall take any other legal action necessary or advisable under the circumstances. The cost of the legal action shall be 132$9 f of 7 Kane Contract for Services In Lieu of Annexation — Landowner#5 — 12022008 borne equally by the Landowner; provided, however, the fees of any special legal counsel shall be paid by the party retaining same. B.1. If City and Landowner are unsuccessful in obtaining a temporary injunction enjoining the attempted annexation or incorporation, Landowner shall have the option of: (a) Terminating this Contract, effective as of the date of the annexation or incorporation. (b) Continuing to make the in lieu of taxes payments required under this Contract. 2. This option must be exercised within thirty (30) days after the application for the temporary injunction is denied. 3. If Landowner or Sam Kane elects to continue the in lieu of taxes payments, the City shall place future payments under this Contract together with part of the payment for the calendar year in which the annexation or incorporation is attempted, prorated to the date the temporary injunction or relief is denied, in a separate interest- bearing escrow account that must be held by City subject to the following: (a) If final judgment (after all appellate review, if any, has been exhausted) is entered denying a permanent injunction and /or upholding the annexation or incorporation, then all these payments and accrued interest must be refunded to Landowner. (b) If final judgment (after all appellate review, if any, has been exhausted) is entered granting a permanent injunction and /or invalidating the annexation or incorporation, then all the payments and accrued interest may be retained for use by City. IX. This Contract inures to the benefit of and be binding upon.City, Landowner, and Sam Kane, and upon Landowner's and Sam Kane's successors and assigns, affiliates and subsidiaries, and remains in force whether Landowner or Sam Kane sells, assigns, or in any other manner disposes of, either voluntarily or by operations of law, all or any part of the land, and this Contract contained must be held to be covenants running with the land for so long as this Contract or any extension of this Contract remains in force. X. If any word, phrase, clause, sentence, paragraph, section, article or other part of this Contract or the application of this Contract to any person, firm, corporation or circumstances shall ever be held by any court of competent jurisdiction to be invalid or unconstitutional for any reason, then the application, invalidity or unconstitutionality of the word, phrase, clause, sentence, paragraph, section, article or other part of this Contract shall be deemed to be independent of and separable from the remainder of this Contract and the validity of the remaining parts of this Contract shall not be affected thereby, unless the holding has the effect of diminishing the revenues payable to City under this Contract. ..__.�_.. -- ^ - -- - -- 1 - 1 : -....r It 5 of 7 •.... _ 1 nndnwnorfS — 19097009 XI. This Contract may be executed in multiple counterparts, each of which is deemed an original. ENTERED into this day of November, 2008. ATTEST: CITY OF CORPUS CHRISTI Armando Chapa 'Angel R. Escobar City Secretary City Manager LEGAL FORM APPROVED: November , 2008 R. Jay Reining First Assistant City Attorney For City Attorney CITY OF CORPUS CHRISTI ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on November_, 2008, by 'Angel R. Escobar, City Manager, City of Corpus Christi, a Texas municipal corporation, on behalf of the corporation. Notary Public, State of Texas LANDOWNER Adhub, LLC By: Pa9ge6of7 Kane Contract for Services In Lieu of Annexation — Landowne� 1 3 T2022008 LANDOWNER ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § Before me, the notary public whose name is signed and printed (or typed) below, on this day personally appeared , Adhub, LLC, as landowner, for the purposes and consideration in this Contract expressed. Given under my hand and seal of office this day of November, 2008. Notary Public, State of Texas SAM KANE BEEF PROCESSORS, INC. LANDOWNER By: Jerry Kane President and CEO SAM KANE BEEF PROCESSORS' ACKNOWLEDGMENT STATE OF TEXAS § COUNTY OF NUECES § Before me, the notary public whose name is signed and printed (or typed) below, on this day personally appeared Jerry Kane, President and CEO, Sam Kane Beef Processors, Inc., a Texas for - profit corporation, as landowner, for the purposes and consideration in this Contract expressed. Given under my hand and seal of office this day of November, 2008. Notary Public, State of Texas Pa e7of7 Kane Contract for Services In Lieu of Annexation — Landownfr)54 12022008 14 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/09/08 AGENDA ITEM: Ordinance appropriating $150,000 of anticipated revenue from rental income at Sunrise Beach on Lake Corpus Christi in the No. 4010 Water Fund for the operation and maintenance of the Water Department's facility at Sunrise Beach; changing the FY 2008 -2009 Operating Budget, adopted by Ordinance No. 027776, to increase proposed expenditures and anticipated revenues by $150,000 each. ISSUE: The City of Corpus Christi currently owns approximately forty -four acres adjacent to Lake Corpus Christi and behind the Wesley Seal Dam office site. For the last twenty years, the property has been leased to a service provider (Robert Roth) for the operation and maintenance of a campground and the contract expired on March 7, 2008. The lease was continued on a month -to -month basis pending the City's bidding process and selection of a new tenant. During the bidding process, several concerns have developed regarding the condition and adequateness of the property's infrastructure. Other issues have evolved concerning the change of operation from campground use to long -term residency. In September 2008, City staff was directed by the City Council to operate and maintain the facility in the interim and perform a complete assessment to determine the long term plan of action. At present, the current contract stipulates that the lessee will pay the City three percent of gross sales less sales tax or $1,810 per quarter whichever is greater. Generally, the City has been receiving the three percent, which amounts to about $9,900 per year. The appraised value is approximately $400,000 and it is the appraiser's opinion that the property's rental value should be a minimum of $32,000 per year. If the City decides to re -lease the property, it is anticipated that the minimum bid will start at $15,000 with bidders adding a percentage of gross receipts less sales tax, supported by audited documents. Based on the previously reported annual payments, total gross sales for the period January 1 — July 31, 2009 is estimated at $263,000. Beginning January 1, 2009 the City will operate and maintain this facility for a period of seven months and it is expected that the following expenses will be incurred during this period: Labor (3 temporary employees) $ 50,000 Electricity 7,000 Water 650 Solid Waste 350 Grounds maintenance 7,000 —217— Condition assessment 50,000 Maintenance & Repairs 35,000 Total 150,000 REQUIRED COUNCIL ACTION: Approval of Ordinance as requested by Staff FUNDING: Water Fund (4010) CONCLUSION AND RECOMMENDATION: Staff recommends approval of the ordinance appropriating $150,000 of anticipated revenue into the Water Fund (Fund 4010) from rental income at Sunrise Beach on Lake Corpus Christi to be used for the operation and maintenance of the facility. Attachments: Background Fee Schedule f "r Gustavo Gonzalez, P.E. Director of Water Operations —218— BACKGROUND INFORMATION July 19, 1972: Lease originated between Lower Nueces River Water Authority, City of Corpus Christi and Mr. William B. Hoskins. August 26, 1982: Assignment of lease from Mr. Hoskins to Mr. Robert A. Roth, dba Sunrise Beach, Inc. September 15, 1983: Agreement between City of Corpus Christi and Mr. Robert A. Roth. The Agreement permitted Mr. Roth to build improvements on the site using up to 75% of the base monthly rents as a credit. Term is for 5 years. Improvements include water, sanitary and electrical systems, campsite developments, recreational building, roads, laundry building, and for selective clearing and landscaping. Said improvements are to remain the property of the City of Corpus Christi. November 9, 1987: Ten year lease with Mr. Robert A. Roth, exclusively, with two successive five year terms. Lessee is permitted to apply 75% of the base monthly rents to improvements stated in the 1983 lease for the initial five year term. Improvements are to remain the property of the City. This full lease expired on March 7, 2008. September 29, 2008: Prospective Bidders for the Sunrise Beach lease were notified that the scheduled bid opening of October 1, 2008 was cancelled until further notice. They were informed that the City would conduct a full assessment of the property. September 30, 2008: Mr. Jeff Bernsen and Mr. Robert A. Roth were notified that the (current) month -to -month lease arrangement was being terminated and that the City would take over the property effective January 1, 2009. -219- Fee Schedule Daily Use Fees (price for 2 people 1 car) Adults $8.00 Children (6 and under) Free Additional Fee per person $3.00 Group Picnic Setup Fee (includes large BBQ Pit, Picnic Tables, Roped off area) $35.00 Overnight Camping Fees (price for 2 people 1 car) Tent site (no electricity) Site with electricity and water Site with full hook -up (water, sewer, electricity) Cabin and Shelter Fee (price for 2 people 1 car) $25.00 $30.00 $35.00 Small shelter with NC (2 night minimum) $45.00 Deposit $25.00 Large Cabin (2 night minimum) $65.00 Deposit $50.00 Each additional person $3.00 RV Sites (price for 2 people 1 car) Weekly Sites (plus metered electricity) Deposit for Electricity Monthly sites (plus metered electricity) Deposit for Electricity Holiday Rates $150.00 $20.00 $250.00 $50.00 Most Holiday weekends will have a 3 night minimum for camping. Day passes will be available for $20.00 for 2 people in 1 car, additional $3.00 per person in same car. Notes and Rules Checkout time is 10:00 p.m No pets allowed in park Clean area before leaving park Quiet time after 10:00 p.m No glass containers allowed in park Boaters and Jet skiers must obey Texas Parks and Wildlife rules regarding the operation of a watercraft within 50 ft. of another watercraft, motorboat, person, object or shore except at a speed only fast enough to maintain steerage. —220— Page 1 of 2 AN ORDINANCE APPROPRIATING $150,000 OF ANTICIPATED REVENUE FROM RENTAL INCOME AT SUNRISE BEACH ON LAKE CORPUS CHRISTI IN THE NO. 4010 WATER FUND FOR THE OPERATION AND MAINTENANCE OF THE WATER DEPARTMENT'S FACILITY AT SUNRISE BEACH; CHANGING THE FY 2008 -2009 OPERATING BUDGET, ADOPTED BY ORDINANCE NO. 027776, TO INCREASE PROPOSED EXPENDITURES AND ANTICIPATED REVENUES BY $150,000 EACH. BE IT ORDAINED BY THE CITY COUNCIL OF CORPUS CHRISTI, TEXAS: SECTION 1. That $150,000 of anticipated revenue from rental income at Sunrise Beach on Lake Corpus Christi is appropriated in the No. 4010 Water Fund for the operation and maintenance of the Water Department's facility at Sunrise Beach. SECTION 2. That Ordinance No. 027776, which adopted the FY 2008 -2009 Operating Budget, is changed by increasing the proposed expenditures and anticipated revenues by $150,000 each. Ord - Sunrise approp ordinance 12012006.doc —221— Page 2 of 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 Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED: � day of December, 2008: R. - R =' ing First Assistant City orney For City Attorney Ord- Sunrise approp ordinance 12012008.doc —2 2 2— Henry Garrett Mayor 15 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: November 18, 2008 Public hearing and first reading ordinance to consider abandoning and vacating a 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way; subject to compliance with the specified conditions. ISSUE: City of Corpus Christi is requesting the street abandonment and vacation of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way to facilitate the expansion of the South Texas Botanical Gardens & Nature Center. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9 requires. Council approval to abandon and vacate any portion of street rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the vacating and abandonment of any street rights -of -way. _. IMPLEMENTATION SCHEDULE: Upon approval by Council and Issuance of the ordinance, all grants of street closure must be recorded at Owner's expense In the real property Map Records of Nueces County, Texas. Prior to the recordation of the street closure, an up to date survey, .abstracted for all public rights -of -way, easements, and Items of record, must be submitted to the Development Services Engineer. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Bob Nix, AICP. ACM of Development Services Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map and Photos —225— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: City of Corpus Christi, ( "Owner ") is requesting the street abandonment and vacation of a 61,537.10 square foot portion of undeveloped and unsurfaced South Oso Parkway dedicated public right -of- way to facilitate the expansion of the South Texas Botanical Gardens & Nature Center. The adjoining property to the south, Lot 1, Block 2, out of Botanical Gardens Park Unit4 Subdivision, was donated to the City of Corpus Christi in December of 2007. A condition of the dedication to the City was that the property be used toward the expansion of the South Texas Botanical Gardens & Nature Center facility, which currently operates on property leased from the City of Corpus Christi. It is intended that after closure of this existing section of South Oso Parkwayjahltaaaraplete, rntleittfeef the entire property, including Lot 1, Block 2 mentioned above he proposectrep al will also include the "re- dedication" of South Oso Parkway right -of -way along the southerly boundary of the combined tract. This will result in the relocation of the intersection of FM 2444 and the proposed extension of South Oso Parkway to a point approximately 200 feet west of that currently proposed. This will benefit the travelling public by moving the intersection further from the curve in FM 2444 and improving stopping sight distance between the curve and the proposed intersection. This issue has been reviewed by TXDOT representatives, and they have indicated their support for the intersection relocation. In addition, the relocation of the proposed intersection will improve alignment of South Oso Parkway with the property lines to the east of FM 2444. The relocation will result in the parkway section traversing the tract at its southern edge, rather than bisecting it. Parkways, by design, are not intended to have residential development along both sides of the roadway, but rather, only on one side, with a linear park along the other. The proposed alignment will promote this more desirable development scenario. All public and franchised utilities were contacted regarding this closure request. Traffic Engineering presented the closure to the Transportation Advisory Committee for comments on October27, 2008. The proposed closure received the endorsement of the Committee. The Fire Department has no objection to the public right -of -way closure, as long as they have continuous access to the property for emergency response. None of the public and franchised utilities had any objections to the public street right -of -way closure. The City's Code of Ordinances, Section 49- 12(c)(4) waives payment of fair market value of the right - of -way to be abandoned when the street is unimproved, and not used for any public street purpose. This section of the Code also defines "public street purpose" to include, but not be limited to, "curbs, gutters, sidewalks, pavement, drainage ditches, water, sewer and gas lines, line poles and wires, and any other public utility installations." As a condition of the public right -of -way closure, the Owner will be required to record all grants of street closures and dedications in the real property Map Records of Nueces County, Texas, within 180 days of adoption of the ordinance for the closure of this section of South Oso Parkway. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A —226— Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 61,537.10- SQUARE FOOT PORTION OF THE UNDEVELOPED AND UNSURFACED SOUTH OSO PARKWAY DEDICATED PUBLIC RIGHT -OF -WAY, OUT OF THE BOTANICAL GARDENS PARK UNIT 4 SUBDIVISION, LOCATED NORTH OF AND ADJACENT TO THE SOUTH STAPLES STREET (FARM TO MARKET HIGHWAY 2444) PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, the City of Corpus Christi (Owner) is requesting the abandonment and vacating of a 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way to facilitate the expansion of the South Texas Botanical Gardens & Nature Center; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped and unsurfaced public right -of -way, subject to compliance with the specified conditions. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 61,537.10- square foot portion of the undeveloped and unsurfaced South Oso Parkway dedicated public right -of -way, out of the Botanical Gardens Park Unit 4 Subdivision, located north of and adjacent to the South Staples Street (Farm to Market Highway 2444) public right -of -way, as recorded in Volume 63, Page 140 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment an d vacation of the above public right -of -way is conditioned as follows: 1) Payment of the fair market value is waived. City Code, Sec. 49 -12, eliminates payment of the fair market value when an abandoned street is unimproved, as it is in this case. 2) Upon approval by Council and issuance of the ordinance, all grants of street closures must be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all easements Q:\ Shared \JayAgenda12008 \11- 181ORD• abandon- vacatePubROW- SouthOsoPkwy- BotanicalGardens.doc —227— Page 2 of 3 and items of record, must be submitted to the Assistant City Manager of Development Services. Q:\SharedUaytgenda \2008 \11- 18 \ORD- abandon- vacateRROW -SouthOsoPkvry- BotanicalGardens. doc Page 3 of 3 That the foregoing ordinance as read for the first time and passed to its second reading on this the I 6-44- day of n��,J�M��✓ , 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez A-t2 e— Nelda Martinez Michael McCutchon A-5 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 John E. Marez Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: November 10, 2008 By: Yvette Aguilar Assistant City Attorney For City Attorney Nelda Martinez Michael McCutchon day of 2008. Henry Garrett Mayor Q:\SharedUayW genda \2008 \11- 18\ ORDa bandon- vacatePupR9OW- SouthOsoPkwy- BotanicalGardens.dac South Texas Botanical Gardens & Nature Center 0 100 200 400 South Oso Pkwy Proposed Street Closure Existing Parkway Proposed Parkway Street Closure & I Owners within 450' listed on attached ownership table 600 Feet 10/16/2008 Darren; S Development Servo EA<NUketSaoth Oso PalhweyiSm4h Oso Pkwy.Insel Mep.ne6 -230- EXHIBIT C I a ✓ e z a^g N a U r N O C1 V ° w m a z C o (7 r 2 CO O 0 O O J h CS 8* 2 z 0 w U • r. Id FW0.a OW zl(Oz O0z. O w ^fam A00,;0 NJ 0U 20252 �wFJ S .400 m J m 7 a o $ r \ U Z O c K M \ 0 <a U" g `Y 0 N gill 06 a wn \\ 3 nm og at3Y! < m — 1 * N <O 1j wet e • z % 2 10 • a • 0 0 �— Co) � ,WY1s 1539 I-- OJ 8 1w/ AMY 15311 m p $ : o sine snow CD 0 Y Y 0 K J I- -7.74--- V —an s1 N ONINND38 do 1NOd 0 SOUTH STAPLES (FM 2444) .90'e9 Alit M .00000e OWNER: CITY OF CORPUS CHRISTI —231— Internet Mae Viewer LOCATION MAP -233- 16 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: November 18, 2008 Public hearing and first reading ordinance to consider abandoning and vacating a 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, located between Lots 12 & 13, Biock 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way; subject to owner's compliance with the specified conditions. ISSUE: Mr. Bryan Gulley, owner of Lot 13, and Mr. Jerry Eaton, owner of Lot 12, are requesting the abandonment and vacation of the public alley right -of -way, to Improve security and facilitate maintenance of the area, as actual use of the alley way for Its intended purpose has not Materialized. REQUIRED COUNCIL ACTION: City Charter Article X, Paragraph 9, requires Council approval to abandon and vacate any portion of public rights -of -way. City Charter Article X, Paragraph 11, requires a public hearing prior to the abandonment and vacating of any public rights -of -way. IMPLEMENTATION SCHEDULE: Upon approval by Council and Issuance of the ordinance, all grants of public right of way closures must be recorded at owner's expense In the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the recordation of the alley closure, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Development Services Engineer. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Background Information Exhibit B - Ordinance Exhibit C - Site Location Map Bob Nix, AICP ACM of Development Services —237— AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Mr. Bryan Gulley and Mrs. Shannon Gulley, Owners of Lot 13, Block 43, and Mr. Jerry Eaton, Owner of Lot 12, Block 43, Padre Island No. 2, are requesting the abandoning and vacating of the 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced, dedicated public alley right -of -way, located between Lots 12 & Lot 13, and adjacent to and northeast of the Playa Del Rey public right -of -way. The dedicated public alley right -of -way to be abandoned and vacated is located in a "R -1B" One - Family Dwelling District. The said portion of public right -of -way is being requested for abandonment and vacation for security purposes regarding both of their adjacent lots and because of the non -use of the alley right -of -way. Notice of the proposed street right -of -way closure was mailed to 29 property owners within the 450 foot distance from the limits of the public right -of -way to be abandoned, as required by the Code of Ordinances, Section 49 -12. No responses were received regarding the proposed alley closure. All public and franchised utilities were contacted regarding this closure request. The City Storm Water Department has an existing 24" RCP within the alley right -of -way and requires that the Owner retain the entire 10' wide public alley right -of -way as a utility easement. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the existing public alley right -of- way or utility easement. The Hold Harmless Agreement is a covenant running with the land and shall be recorded in the Official Public Records of Nueces County, Texas, within 180 days of Council approval at owner's expense. None of the other public and franchised utilities had any objections to the public street right -of -way closure. Staff recommends that the Owner pay the fair market value of $6,560.00 for the abandonment and vacating of the 2,701.10- square foot portion of the 10 -foot wide public alley right -of -way, prior to closure going to City Council. As a condition of the public alley right -of -way closure, the Owner will be required to record all grants of public right of way closures and dedications in the real property Map Records of Nueces County, Texas, within 180 days of adoption of the ordinance for the closure of this section of public right -of -way. The Owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A —238— Page 1 of 3 ORDINANCE ABANDONING AND VACATING A 2,701.10- SQUARE FOOT PORTION OF A 10 -FOOT WIDE UNDEVELOPED AND UNSURFACED DEDICATED PUBLIC ALLEY RIGHT -OF -WAY, LOCATED BETWEEN LOTS 12 AND 13, BLOCK 43, PADRE ISLAND NO. 2, ADJACENT TO AND NORTHEAST OF THE PLAYA DEL REY PUBLIC RIGHT -OF -WAY; SUBJECT TO OWNERS' COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Robert Bryan Gulley and Shannon H. Gulley, owners of Padre Island No. 2, Lot 13, Block 43, and Jerry C. Eaton, owner of Padre Island No. 2, Lot 12, Block 43, are requesting the abandonment and vacating of an undeveloped and unsurfaced dedicated public alley right -of -way, which is located between Lots 12 and 13, Block 43, Padre Island No. 2, in order to improve security and facilitate maintenance of the area; and WHEREAS, the other owners of property abutting the public alley right -of -way are not directly affected by the abandoning and vacating of the undeveloped and unsurfaced dedicated public alley right -of -way, therefore they did not join in,the request for closure. WHEREAS, with proper notice to the public, public hearing was held on Tuesday, November 18, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate said portion of the undeveloped and unsurfaced dedicated public alley right -of -way, subject to the provisions below. (Exhibit A) NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 2,701.10- square foot portion of a 10 -foot wide undeveloped and unsurfaced dedicated public alley right -of -way out of Lots 12 and 13, Block 43, Padre Island No. 2, adjacent to and northeast of the Playa Del Rey public right -of -way, as recorded in Volume 13, Page 28 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to Owners' compliance with the conditions as specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public alley right -of -way is conditioned upon Owners' compliance with the following: 1. Owners pay the fair market value of $6,560.00 prior to the alley closure ordinance for the abandonment and vacating of the 2,701.10- square foot portion of the 10 -foot wide alley, going to City Council for approval. Q:\ Shared\Jay\Agenda\2008 \11- 18 \ORD- abandon- vacateHQygt@yEaton- Padre- 2rdg.dac Page 2 of 3 3. Execution of a Hold Harmless Agreement will be required to fully indemnify the City and any of the private franchised utility companies against any and all liability which may arise from any maintenance to any existing public utilities or the installation of any future public utilities within the public alley right -of -way. 4. Within 180 days of approval by Council and issuance of the ordinance, all grants of public right -of -way closures and dedication of utility easement must be recorded at owners' expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up -to -date survey, abstracted for all public rights -of -way, easements, and items of record, must be submitted to the Assistant City Manager of Development Services. Q:\ Shared \Jay\Agenda\2008 \11- 18\ORD- abandon- vacateR2 IbulleyEaton- Padre- 2rdg.doc Page 3of3 That the foregoing ordinance was red for the first time and passed to its second reading on this the / ^ day of Nr JQ- rv.Lc- / , 2008, by the following vote: Henry Garrett c11,-_19 e— Priscilla G. Leal Melody Cooper I John E. Marez - Larry Elizondo, Sr. ir c- Nelda Martinez Mike Hummel) Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly Michael McCutchon f\—r J PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: November 10, 2008 By: ette A A sistant City Attorney For City Attorney Henry Garrett Mayor O:\SharedUay Wgenda120o8 \11- 18 \ORD- abandon- vacate$elleyEaton- Padre- 2rdg.doc Proposed Alley Closure Between Lots 12 -13, Block 43, Padre Island No. 2 450 Feet Right of Way & 460' Buffer 8/1714008 Prepared By: DS Department of Development Services EXHIBIT C -242- (N 68° 49 36'E 8.59) [S 15° 09' 30 "E 218.757 (N 68° 48' 36'E 8.611 LOT 14 fie,.° b VICINITY MAP cfr tit Atx eNt LOT 12 This property Inc within Zone as sham . according to PIRM 85 , which Is & Is not within the—Myer Rood Place. EASEMENT CLOSURE EXHIBIT A A= 03° 10' 37" R= 90.00' IA= 4.99' T= 2.496' [N 21° 13' 30 "W 7.89'] [R= 90.00', LA= 45.60'] A= 03° 10' 38" R= 90.00' LA= 4.99' T= 2.496' 14202 PLAYA DEL REY DATE: 04 /03/06 REV: 05/02/08 CREW: RS & DL OFFICE: RV & RA GF •: JOB R: 94 -5922 SHEET 1 OF 1 SCALE 1" = 40' 2786.8 S.F., Being the 10' Easement between Lot 12 & Lot 13, Block 43 Padre Island Number 2 V. 13, P.28, (MRNCr), Corpus Christi, Nueces County, Texas. Y�% E�NGI NEE�RI NG9 INC. asetzrzzateetawatereareismast EXHIBIT C 17 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: October 28, 2008 AGENDA ITEM: A. Ordinance authorizing the City Manager, or his designee, to execute a five -year marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of 15 boat slips on Peoples Street T -Head, number 70 eastward terminating at the west bulkhead, for operation of sailing school and related activities, and including construction of utility, and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual rate changes; providing for severance; and declaring an emergency. B. Ordinance authorizing the City Manager, or his designee, to execute a fourteen year six month marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of 15 boat slips on Peoples Street T -Head, number 70 eastward terminating at the west bulkhead, for operation of yachting center, sailing school, charter boats and related activities, including construction of utility and boat slip improvements; for monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual slip rate changes; providing for severance; and providing for publication. ISSUE: The Sailing Center (now Yachting Center of Corpus Christi) has been a marina tenant since 1983. The Yachting Center would like to lease 15 boat slips on the Peoples Street T- Head enhancing their services and to move operations to this location slip #'s: 70 eastward terminating at the west bulkhead along the north side of the stem. Plans are to build a floating barge with offices and class rooms to teach Coast Guard approved Captains courses including power and sailing lessons. The Yachting Center would keep their school and charter boats in ten adjacent boat slips. Out of the 30 existing boat slips plans are to construct an additional 5 boat slips at the old disused Jet Ski ramp area for the Yachting Center floating barge location thus creating a new total of 35 boat slips along the Peoples Street Boardwalk. At present 18 of the 30 existing boat slips are empty. The Yachting Center would lease 10 (56 %) of the 18 empty boat slips leaving 8 available. Two commercial fishing boats are temporary located in other boat slips due to broken pilings rendering 8 boat slips of the 30 usable. This new lease would enhance the Marina Enterprise Fund by creating an estimated $52,500 in annual revenue. The Yachting Center would repair and install marina city infrastructure at this location to city code, including pilings, dock walkway, electrical upgrade, water supply and a sanitary sewage system at their cost of approximately $300,000.00 including necessary repairs to various commercial fishing boat slips, thus making all non usable boat slips usable. REQUIRED COUNCIL ACTION: City Council is required to authorize all leases over five years. —247— PREVIOUS COUNCIL ACTION: October 31, 2006, City Council approved a lease with the Yachting Center of Corpus Christi, LLC. Due to circumstances beyond the Yachting Center's control the project had to be re- engineered thus resulting in a two year delay. CONCLUSION AND RECOMMENDATION: It is City Staffs recommendation that the City Council approve the lease. ally T !k, Direc or Parks a Recreation Department Attachment: Background Information —248— BACKGROUND INFORMATION The Sailing Center (now Yachting Center of Corpus Christi) teaches boating skills, safety, including Coast Guard approved captain's license courses and aspects of seamanship for types of vessels. The infrastructure improvements paid for by the Yachting Center at the approximate cost of $300,000.00 will be an asset to the Marina Enterprise Fund which is unable to do these needed improvements including the replacement of various rotted pilings along the north side of the Peoples Street Boardwalk at this time. Out of the 30 existing boat slips plans are to construct an additional 5 boat slips at the old disused Jet Ski ramp area for the Yachting Center floating barge location thus creating a new total of 35 boat slips along the Peoples Street Boardwalk. At present 18 of the 30 existing boat slips are empty. The Yachting Center would lease 10 (56 %) of the 18 empty boat slips leaving 8 available. Two commercial fishing boats are temporary located in other boat slips due to broken pilings rendering 8 boat slips of the 30 usable. This new lease would enhance the Marina Enterprise Fund by creating an estimated $52,500 in annual revenue. The Yachting Center infrastructure improvements on the north side of the Peoples Street T -Head Boardwalk would follow city code. Improvements include necessary repairs to various shrimp boat slips, necessary rotted wood pilings replacement, dock walkway replacement at various sections, electrical upgrade, water supply and a sanitary sewage system. The Yachting Center project provides a needed service to the community and is self funded. The following is an estimated cost for improvements proposed by the Yachting Center Replacement of Marina infrastructure (rotted pilings & docks) $ 100,000 Installation of utilities, electrical and sanitary sewage 200,000 Engineering and permitting costs 100,000 New Yachting Center building on floating barge 800,000 New boats for Sailing School Yachting Center 1,000,000 Total Approximate Cost of Yachting Center Project $ 2,200,000 Total Cost to the City of Corpus Christi - 0 - —249— ORDINANCE AUTHORIZING THE CITY MANAGER, OR HIS DESIGNEE, TO EXECUTE A FOURTEEN YEAR SIX MONTH MARINA SPACE RENTAL CONTRACT WITH YACHTING CENTER OF CORPUS CHRISTI, LLC FOR THE USE OF 15 BOAT SLIPS ON PEOPLES STREET T -HEAD, NUMBER 70 EASTWARD TERMINATING AT THE WEST BULKHEAD, FOR OPERATION OF YACHTING CENTER, SAILING SCHOOL, CHARTER BOATS AND RELATED ACTIVITIES, INCLUDING CONSTRUCTION OF UTILITY AND BOAT SLIP IMPROVEMENTS; FOR MONTHLY SLIP FEE RENTAL PAYMENTS OF $6.85 PER LINEAR FOOT OF DOCK SPACE, SUBJECT TO ANNUAL SLIP RATE CHANGES; PROVIDING FOR SEVERANCE; AND PROVIDING FOR PUBLICATION BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. The City Manager, or his designee, is authorized to execute a fourteen year six month marina space rental contract with Yachting Center of Corpus Christi, LLC for the use of 15 boat slips on Peoples Street T -head, Number 70 eastward terminating at the west bulkhead, for operation of sailing school, charter boats and related activities, and including construction of necessary electrical, sanitary, boat slip and other improvements; in consideration of monthly slip fee rental payments of $6.85 per linear foot of dock space, subject to annual slip rate changes. A copy of the contract shall be filed with the City Secretary. SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word and provision hereof shall be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This contract takes effect on the 61st day following City Council approval. —250— That the foregoing ordina��r}cce was read for the first time and passed to its second reading on this the ..2 ' 'day of OC. &e t- 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 AISLE_ 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 as to form: October 20, 2008 By: Lisa Aguilar Assistant City Attorney For City Attorney —251— Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of 2008. Henry Garrett Mayor ■ Page 1 of 14 M SS#_ CITY OF CORPUS CHRISTI, TEXAS MARINA SPACE RENTAL CONTRACT Date Contract Starts: ____ Nand Yachting! Center of Corers Christi. LLC Name of Craft Yachting Center School Boats Home Addresi: Mehl of Craft Business Address: Type of Celt Phone: Noma: Office: Yew: Length: Beam: - Boat Cspsn's Phone: State or Documented No.: Liens and encumbrances Upon Above Craft: Port or Documentation: Sfpaipeee No.: 15 boat dips on Peoples Street T-Hs.d, No. 70 awkward, terminating at west buktesd as dspkdul on attached Exhibltl Gear Bat Noe Ns Month/ Space Rsntat $' Monthly Our Box Rental $ Total: $ Deposit: $ In accordance with City of Corpus Christi City Ordinances • $eas ear Sneer foot of dodc space. commercial stn rental rata. Glue other aeoitcable fees descRred an the attached Exhibit 2. as amended In acooMsnce with City M COMM Christi City Ordnance' nances. The City of Corpus Christi, Texas, a municipal corporation situated in Nueces County hereinafter called "City ', hereby bases to Yachtlno Center of Corous Chrletl. LLC, hereinafter called "LESSEE', for a term of fourteen years B months from the starting deb, the slip /space and gear box, if applicable, described above, at the Corpus Christi Marina, Corpus Christi, Nueces County, Texas, for the storage of the watercraft described above, and all parts and equipment thereon, upon the following terms and considerations: 1. Molnar Facilities. City shall provide slip/space, facilities, and services for the storage of lessee's watercraft and parts and equipment thereon as described above. Provided, however, during special events, construction, repairs, and other similar activities, for periods not exceeding 30 days annually, the Superintendent may require Lessee to move to another slip/space. 2. Rental. Lessee shall pay the above described rent and deposit, representing Irat" and "last" months rent, upon execution of this contract Subsequent monthly rent payments shall be made on the first day of each month; payable to the City of Corpus Christi, Collections Section, at 1201 Leopard Street, or to P. O. Box 9277, Corpus-Christi, Texas, 78489. If the first day of the month faits on a weekend or a holiday, payment shall be made on or before the first business day of the month. The deposit, which represents the "last' month's rent, may be forfeited when the Lessee vacates his assigned slip/space without giving the Marina Superintendent thirty (30) days written notice of termination and/or when any part of the rental becomes delinquent as described below. The deposit shall be refundable only under the conditions described in Ordinance No. 13871; Section 3(d), 9- 10-77, as amended. 3. Rats Changes. This rental rate and deposit for storage space is subject to change by action of the. City Council Should a rate change be made, the Lessee shall be given written notice thirty (30) days in advance of the date when rent under the new rental rate is due and payable. Lessee will also be required to deposit an additional amount Whenever the renal rate is increased. 4. Annual Certiflt:alion. Within one month following the execution of this lease, Lessee shall establish to the satisfaction of the Marina Superintendent proof of his ownership of the above described watercraft. The Clty reserves the right any time to "spot check' and ascertain ownership of the watercraft in the slip assigned above. 5. Enforcement Liens. Lessee does hereby agree to make current payments of slip rents, meter charges (if applied), and be liable for any intentional or negligent damage to CIy's property and /or equipment Should either delinquency of not payment and/or damage to the City's property or equipment occur, Lessee, in cona/deratfon thereof, shall, without reaermflon, recourse or other condition, automatically grant to the City, a prior lien against Lessee's watercraft and all parts and equipment thereon, to satisfy and/or secure the City in said claim and the payment thereof. A lien, having been placed on the watercraft, shall preclude Lessee's right to remove said craft or any parts and equipment thereon from the premises of the .EO- DIRLLIeat2006 MulnakYacht. Center .Manna.Spaca.RSnN1.Conlract 16 year October 7 2006.doc —252 - _A A_ Page 2 of 14 Corpus Christi Marina until said lien has been satisfied by payment in cash, cashier's check or money order. This lien shall be in addition to all other liens and remedies provided by law. Seizure and foreclosure of lien sale by the City may be executed by the City, as outlined herein. It is specifically agreed that the use of an, Mange, stowage, wit r, and ands electricity provided pursuant to this agreement am provided to the relying ft for upon the said craft the It is understood between M parties hereto that the City is payments, or other sums duo and owing and watercraft for the enforcement the further Intention of � b � rental Ihm or liana ada out of tM parties that a maritime that the City don not by this Contract of dockage, to or other Its entitlement s o to IL Me craft, and Documented vessels are subject to the Ship Mortgage Act, intend amendments, and enera maritime law. ma lien. 6. Delinquency. Lessee shall be deemed "delinquent* when the period of time for which he has paid for his slip/space in advance, not including the deposit, has expired. The then - current late charge shall be added to a slip rental account which has not been paid prior to the dose of business on the fifteenth (15e) day of the month for which the slip rental is due. If payment is made by mall, the envelope containing the payment must be postmarked not later than said fifteenth day of the month. When the fifteenth day of the month fails on a weekend or a holiday, the late charge will be In effect on the next business day. Continued delinquency at thirty (30) days shall effect automatic application of Lessee's deposit for non - payment of the rental due for said delinquent period. Sixty (60) days past due shall prompt a written notice, by the City to Lessee, that the City doss place a lien upon the watercraft and all parts and equipment thereon for all charges due the City under this agreement At that time, the City shall also publish public notice of public auction to sell said craft in thirty (30) days in satisfaction of said lien, pursuant to the rules and notices required for a sale of the property under applicable federal, state, or local Iaw. Should said sales of the craft be neosssory, Lessee does hereby indebtedness and collection costs owing thdeliver lty to d � the Yens either maritime, , ry,y, contractual or otherwise, granted herein or existing at law or in equity, and to pay prior orother existing liens, if any, as their Interests may appear. Any balance of monies after said claims have been paid, shall be paid to Lessee. 7. Inspection of Craft During Delinquency. In the event any rent owing to the City by Lessee becomes delinquent, but prior to the ninetieth (g0) consecutive day of delinquency, Lessee retains the right to board his craft during reasonable hours when accompanied by a representable of the City Marina staff in order to Inspect the craft. Thereafter, Lessee relinquishes all rights to be upon the docks, piers, and/or catwalks of the Marine, as well as upon said craft t Release of Liability. Lessee agrees to release, Indemnify, and "hold harmless ", the City, of and from any and all claims for damages, losses, expenses and costs, of any nature, arising by reason of use of the rented slip/space, adjacent docks, pilings, piers, and all other property of the City. Additionally, Lessee must indemnify and hold City, its ofcers, employees, or agents, ( "Indemnities"), harmless of, from, and against all claims, demands, actions, damages, losses, costs, Liabilities, expenses, and Judgments recovered from or asserted against Indemnities on account of injury or damage to person or property to the extent any such damage or injury may be incident to, arise out of, or be caused, either proximately or remotely, wholly or In part, by art act or omission, negligence, or misconduct on the part of Lessee or any of its agents, servants, employees, contractors, patrons, guests, licensees, or invitees entering upon the premises leased or used by Lessee, ( "Premises"), or using any of the services provided by Lessee, or which may arise or which may be alleged to have arisen out of or In connection with construction of improvements pursuant to this Agreement, or when any such injury or damage is the result, proximate or remote, of the violation by Lessee, or any of Its agents, servants, employees, contractors, patrons, guests, licensees, or invitees of any Law, ordinance, or governmental order of any kind, or when any such injury or damage may in any other way arise from or out of the construction or use ofiimprovements located on the Premises herein or out of the use or occupancy of the Improvements to the Premises or the Premises itself by .EG- DIR1Llea12005 MadnalYachl. Canter .Madna.Spaee.Rental.Conlract 15 year October 7 2008.doc Page 3 of 14 Lessee, its agents, servants, employees, Contractors, patrons, guests, licensees, or invitees. Lessee covenants and agrees that if City is made a party to any litigation against Lessee or in any litigation commenced by any party, other than Lessee relating to this Agreement, Lessee shall dehnd City upon receipt of reasonable notice regarding commencement of such litigation. 9. Compliance with Laws, Rules, and Regulations. Lessee agrees to comply with and be governed by, applicable federal, state, and local laws, rules and regulations, including Chapter 12 of the City of Corpus Christi Code of Ordinances and the Marina Rules and Regulations, as amended. Nothing in the Contract In any manner prevents the City from enforcing the provisions of Chapter 12 of said code. Current Marina Rules and Regulations are attached. 10. Termination. This Contract shall continue In force unless terminated by the City Council or unless . terminated by either party in the following manner a) This contract may be terminated by Lessee giving the Marina Superintendent thirty (30) days written notice In advance of termination, provided Lessee's rental payments and other charges are timely paid. This notice shall be delivered to the Lawrence Street T-Head office, or mailed to the Marina Superintendent at P. O. Box 9277, Corpus Christi Texas 78469. b) The City Marina Superintendent may temilnate this Contract whenever Lessee fails to comply with the provisions of this Contract, or any applicable federal, state, or local laws, rules or regulations and falls or refuses to comply within 30 days after receiving written notice of the violation of recommended cure. 11.Subkase. Lessee may not assign this lease to another. Lessee may not sublet the slip/space herein to another without the written consent of the Marina Superintendent as to some maximum duration, and the payment, in advance, by the sub - Lessee, of an amount equal to the sum of all rental payments for the specified maximum duration of the sublease. Said amount shall be applied as a credit to the account of the Lessee. Sub - Lessee shall be bound by all the terms of the Lessee's Contract except as specifically modified by the sublease agreement. A written sublease agreement must be executed in order to create a sublease. The City may, upon approval of the Lessee, provide a Sub - Lessee. An approved sublease shall In no way divest, preclude, or prejudice Lessee's rights and claims under the terms of this lease. 12. Transient Craft In order for the City to be cognizant of the availability of slips for transient craft use, Lessee shall notify the Marina Superintendent when Lessees expects to have his craft out of his slip/space for more than five (5) consecutive days. However, failure to give the notification shall not constitute a default under this Contract A transient craft owner or operator shall not be considered a sublease unless the requirements of paragraph 11 are met. 13. In The Event of Hurricane Threat. Lessee will make pre- arrangements to remove or have removed his craft from the City Marina In the event there is a threat from hurricane, and agrees to comply with the_hurricane procedures that,the City Marine Superintendent prescribes. 14. Notice. Any notice to Lessee under this Agreement shall be complete upon placing it in the mail to either address given above, or to an amended address submitted by Lessee In writing. 16. 140 LIVEABOARDS. 16. insurance. Lessee agrees to maintain insurance as required by Exhibit A -1, City of Corpus Christi Risk Management Department, naming City as additional insured. 17. YACHTING CENTER CONSTRUCTION & OPERATION. Lessee agrees to perform construction and operations in accordance with attached Exhibit A 18. Publication. Lessee agrees to pay costs of publication as required by City Charter. EXECUTED this day of 2008 .EG•DIRWaa12o08 Marina \Yacht.Center.Marina.Space. Rental.Contnct 15 year October 7 2008.doe -254- A C CITY OF CORPUS CHRISTI, TEXAS Page 4 of 14 ATTEST: CITY OF CORPUS CHRISTI Armando Chapa, City Secretary City Manager APPROVED AS TO LEGAL FORM Lisa Aguilar Assistant City A,Romey for City Attorney to (..17 /or LESSEE Yachting Center of Corpus Christi, LLC �1 f� Signature: ,�//7, �i� /// Date: /yLA�� _)ceee� Name: W 1. ( I4 atr• 0. +AvvCS°L Title: )-1I aruy.� Me,„,b.v .EG- DIRILIea12008 Marina\ YachLCenler .Medna.Spece.Ranlal.COntract 16 year October 7 2008.doc -255- Page 5 of 14 CITY OF CORPUS CHRISTI, TEXAS CITY MARINA RULES AND REGULATIONS 1. PENALTY FOR VIOLATION — The rules and regulations contained herein are the policies and ordinances of the Corpus Christi City Marina. Violation of any of these provisions carries a tine not to exceed Two Hundred ($200.00) Dollars, plus possible less of space privileges. Upon the refusal to comply with a lawful order of the Marina Superintendent and/or his staff, the Superintendent may revoke the rental of space for the watercraft and order its immediate removal. Should the owner, master or operator or any person refuse the order, the watercraft may be roved by the Marina Superintendent 2. USE OF UTILITIES - Excessive and/or negligent use of electricity or tap water, as determined by the Marina Stall, will cause metering of the utility and the space tenant shall pay an additional crest for the use, as well as the cost for the metering device. 3. CRAFT PROPERTY TIED — All craft shall be berthed with proper care and be secured to Its moorages with good line and shall be maintained at all times with respect to safety and appearance. 4. NO BATHING, SWIMMING — Entering the waters of the City Marina for the purpose of bathing, swimming or wading is prohibited due to the danger of moving watercraft. 5. NO TRASH OVERBOARD — Trash, refuse or waste of any kind, Including the overboard flushing of heads or holding tanks is not permitted Inside the rock breakwater of the City Merino. 6. SPEED UMR — No person shall operate a waft greater than 4 mph within 200 feet of the L -Head or T- Heads. Speed of moving craft inside the City Marina shall be held down to a limit which will leave no wave action from their craft. Craft operators are liable for the damage caused by wave action from their craft. No speedboat contests are permitted within the water areas protected by the City Marina rock breakwater. 7. CATWALKS, BULKHEADS KEPT FREE OF MATERIALS — Materials, trash and/or equipment left upon the docks, catwalks and bulkheads will be removed, without notice, by the Marina Staff. These areas must be kept clean and clear at all times. 8. NO LAND DWELLING — No person shall be permitted to use the land areas of the L-Head and T -Heads as a dwelling place for any length of time, whether the person be in a vehicle, tent, Improvised shelter, or without shelter. An overnight stay shall constitute using the land area as a dwelling place. 9. NO WATER DWELLING — No watercraft whatsoever which is being used by the person or persons aboard as a dwelling place shall be permitted to moor, tie-up or anchor within the protected waters of the City Marina, except regular space tenants and registered transient craft shall be permitted to stay aboard their craft for fve (5) consecutive days only, provided their craft is equipped with a holding tank or the shore rest rooms are used, and provided a permit is obtained from the Marina Supervisor. 10. NO BOAT REPAIR AT SPACES — No owner, master, operator or his agent, of a watercraft is permitted to make rneor hull and/or superstructure repairs while berthed at the space without written permission from the Marina Superintendent who has authority to order the termination of the work. 11. NO PARKING OF TRAILERS AND VEHICLES — No person shall leave or cause to be left any trash, material, object, vehicle, trailer or equipment upon the land areas Otte L -Head and T -Heads without prior written approval of the Marina Superintendent. 12. NO SIGNS AND ADVERTISEMENTS — No signs and/or advertisements of whatsoever kind shall be permitted within the City Marina including all land and water areas, without prior written approval of the Marina Superintendent 13. NO FISH NETS AND TROTLINES — it shall be unlawful to seine for marine life, drag a net, set out a trotline or sail line, in any of the water areas of the City Marina bound by the rock breakwater. 14. NO TRESPASSING — No person is to be upon any craft, its dock and bulkheads except the space lessee, their guests or agents or persons in the employ of the City for business therein. 15. NO FUELING AT SPACES — The fueling of inboard tanks on watercraft are hereby prohibited In every place of the City Marina except at the fuel station docks, or at other aitempte fueling sites as designated by the Marina Superintendent. .EG•DIRUJsa\28o8 Minima acht. Center.MOrIns.Space.Rennl.COntract 15 year Databt72oo8400 Page 6 of 14 16. ASSIGNMENT OF SPACES — Upon first arrival, the craft owner or operator must report in to the Marina Office to be assigned a space. 17. SPACE ASSIGNED TO SPECIFIC CRAFT — Space is assigned to a specific craft and a specific owner. Any change of the owner's craft requires immediate notification of the office of the Marine Superintendent 18. LIMIT TO NUMBER OF SPACES RENTED — No more than five (5) spaces shall be rented at a time, by any person, firm, organization or corporation without special agreement in writing by the Marina Superintendent, the City Manager or City Council. 19. DAMAGE TO MARINA FACILITY — The owner or owners of any watercraft, whether operated by him or his pilot, shall be responsible for the damage his craft may cause to the Marina space fixtures. 20. CRAFT DETERIORATING 114 SPACE — Any craft which becomes so badly deteriorated as to be likely to damage any other objects or vessels, or which might become a menace to navigation, shall be removed at once by the craft owner at his sole expense, or shall be removed by the Marina Superintendent at the craft owner's expense. 21. CRAFT REGULATION EQUIPPED — Craft In the Gib/ Marine shall be equipped according to the U. S. Coast Guard regulations and operated according to the 'Rubs of the Road' and the navigation laws of the United States. 22. BILGEWATER, OILS AND INFLAMMABLES — It Is unlawful for any person to discharge or permk the discharge of any oily bilge water, oil or inflammable liquids of whatsoever kind in the waters of the City Marina. 23. GEARBOXES — Gearboxes may be rented from the City Marina or the space tenant may provide his own at his assigned space, provided the design specifications are the same as provided by the Marina Superintendent 24. PARKING — All parking areas, Including parking lots and curb parking, are for the use of the general public while indulging In recreational activities. The parking areas are under the control of the City Marina supervisory staff. No owner, master, operator or any person in charge of any watercraft shall direct, order or request any other person to refrain from parking any vehicle in any of the designated parking places of the Marine L -Head and T- Heads. 25. NOTIFICATION OF HAZARDOUS CONDITIONS — Tenants shall notify the Marina Superintendent, in writing, of any conditions, defects, or failing of the tenant's slip/space, docks or other property that may become hazardous and /or require repair or maintenance. Tenants shall also notify the Marina office of any vandalism, theft, or other pending or committed crime in the Marina area. SPECIAL REGULATIONS FOR CHARTER BOATS 1. CHARTER BOAT — A charter boat shall be defined as any craft which is for temporary charter, rent or hire, and is commonly referred to as: Head boat, party boat, oarty fishing boat, tour boat, sightseeing boat, excursion boat or charter fishing boat. 2. IN ADDITION to the rules and regulations provided herein, a charter boat owner, master or operator shall comply with each of the following special regulations: A) Purchase his own electric meter and pay for all the electrical use. B) All signs, awnings and ticket booths shall conform to the City Ordinances specifically written for their control or they shall be removed, without notice, by the Marina Supervisory Staff. C) Solicitation of passengers shall be confined to the rented space and no person shall attract passengers by means of arm waving or excessive noise, Including music. 113•DIRLLica12008 MadnMYecht. Center .Manna.Space.Renlel.Contact 16 year 2888.doc -Z57— —49— r e iii e P HIP ____ I J k I E ,- i I 1 1 i I e e►aut eLw 2 z 0 n m m °, 0 70 -o 2 cn -i -258- ., Page 8 of 14 FXHIBIT 2 Schedule of Marina Fees and Cherries (Effective August 1, 2007; Adjusted Monthly Utility Recovery Fee Effective October 1, 2008) Monthly Slip Rental: Pleasure Craft on Piers A, B, C, D, E, F, G, H, L & LST$5.25/Unear Foot (LF) Pleasure Craft on Pier R $4.20/LF Pleasure Craft on Pier M & MORF $4.00/LF Commercial Craft $6.85/LF Late Fee, Monthly $50.00 Monthly Utility Recovery Fee: (Includes garbage pickup 7 days/week and utility maintenance.) Pinson Sill Craft <= 20' LOA $7.75 $14.95 Craft >20'but c=30' LOA $14.35 $20.40 Craft >30' but <=40' LOA $27.35 $31.20 Craft >40' but < =70' LOA $49A5 $52.10 Craft >70' but < =100' LOA $67.60 $78.45 Craft >100' $90.65 $108.75 Monthly Gear Box Rental: $5.00/Small; $6.00/Large Live Aboard Rental: Up to two occupants $75.00/Month Per additional occupant over two $25.00/Month (Plus slip rental tees. monthly utility recovery teas, dodk box fees and all metered electrical use.) Monthly Dry Stack Boat Rack: Lower Level Berth $18.00 Other Berth $14.00 Monthly Dry Hard Stand Storage: $87.8o Rates for Transient Craft (Advance Payment Required): Commercial Craft $1.00/LF or $30.00/Night Pleasure Craft (120 Days or Leas) - Overnight $0.90/LF or $27.00* - Weeldy'* $4.20/LF or $126.00* - Monthly** $B.40/LF or $252.00• Trailer /Dry Boat Storage - Ovemight $7.00 - Weekly" $35.00 - Monthly $105.00 Utility Recovery Fee: Dual 30, Dual (Includes water, electricity and garbage): 30 Amo 50 Amo 50 RPM 50/100 Amo - Overnight $3.45 $6.90 $10.00 $12.50 .EG•DIRt.issic00e MannalVacht. Center .MarMa.Space.RantaLContract 16 year October 7 2009.doc -259 - -51- Page 9 of 14 - Per Week" $16.10 $16.10 $18.00 $20.50 - Per Month" $69.00 $69.00 $75.00 $85.00 - Usage Over Minimum, $0.14IKWH Other Fees: Unauthorized Craft: $50.00/Night Impound: $100.00 Marina Area Rental: $0.01/SF/Day Sailing School Class (Per Student Includes Book): $70.00 Sailing School Book $15.00 Slip Waking List (Non - Refundable): $25.00 'Whichever Is greater, plus utility recovery tee. "Weekly is defined as seven consecutive nights; monthly Is defined is thkty consecutive nights. Schedule of Marina Fees and Charan (Effective August 1, 2007) (Continued) BOAT HAULOUT FACILITY - ACTIVITY FEES Emergency Services (Minimum One Hour): Material Cat Plus 20% Surcharge Pump Out Equipment with Equipment Operator $100.00/Hour" "" Marina Vessel (Toro person team; non.emergsnoy) $200.00/Hour"" Other Services (MInbnum One Hour): Materials Costs Pius 20% Surcharge Labor Fee, On Land $50.00/Hour"" Marina Vessel (Tiro person team; non -smsrgency) $75.oWHour"" Boat Haul Out Facility: (Note: Travel UR Limited to Maximum 15 Ton Capacity) Haul Out/Hold In Slings/Launch (Maximum one Hour) $150.00 Haul & Block (Maximum One Hour) $150.00 Launch (Per Lift; Mrodmum One Hour) $150.00 Additional Hour(s) $50.00/Hour Contractors Administrative Fee (Insurance Required): Annual Fee $200.00 Contractor Fee, Per Job $ 75.00 Pro Rata of Annual Fee (02/01- 07/31) $100.00 Master Key Deposit (Refundable) $150.00 Haulout Work Area Fees (Includes Space and Utilities): Requires General Public Liability Insurance naming the City Additional Insured. .EG- DIR \LI a\2008 Marina\ yacht. Center .Meana.Space.Rental.Contract 15 year October 7 2008.doc -260 - _rn Page 10 of 14 Tenant Vessel $5.00/Day (01 -10) Tenant Vessel $15.00/Day (11- 30)*" Non - Tenant Vessel $15.00/Day (0-30)'"• Monthly Area Fees: Mast Storage (Limited to service period for boat.) $10.00/Day (0.30)'"" Boater Facility Meeting Room: Requires Special Event Permit. Rental, Throe Hour minimum $100.00/Hour Mirador Rental: (Requires Permit) Rental, Three Hour Maximum $30.00 Other Fees: Portable Pump Out Service: (One Hour Minimum) $25.00/Hour Regatta/Special Event Rates (Requires Special Event Pam* or advance notice, in writing, from sponsoring yacht dub. City/Marina must be advertised as event sponsor u per Special Event Permit Regardless of LOA.): In -Water 3-20 Participant Vessels Plus Taller Storage Fees and Applicable Utility Recovery Fee /Overages $15.00/NightNessel In- Water. 21+ Participant Vessels (Three Day Event Tenn) Plus tracer storage fen. Inclusive of applicable utility recovery fee. Plus charges for ehdrical use exceeding Ms included utility recovery fee. $15.00Nessel /Event Support Vessels (Plus Utility Recovery Fee/Overage Charges) $15.00/Night On -Land Per Tagged Vessel/Trailer $5/Trailer or Vessel/Event Established by Marina Storage Area $0.01 /SF /Day "'Rate Increaser $10 /day upon each thirty (30) day Increment. ""Tenants allowed one pump out or two service per calendar year (up to $300.00 maximum) at no charge. .EG- DIRILIsa\2008 Marinal Yacht .Center.Manna.Space.RentaLConnE% 15 year October 7 2008.dec Page 11 of 14 EXHIBIT A YACHTING CENTER CONSTRUCTION & OPERATION. The conceptual plans for the Yachting Center are attached as Exhibit B. The following additional provisions govern construction and operation. (1) Construction for the dockage and mooring shall not begin until the plans and specifications have been submitted to and reviewed and approved by the City Marine Superintendent and City Engineering Services Dept, and Lessee, at Lessee's expense, has obtained all required permits from City Development Services Dept and any other entities having jurisdiction, and Lessee and Lessee's construction contractor have obtained all insurance as required by City Director of Risk Management, and Lessee has obtained all performance and payment bonds as required by the City Attorney. A copy of the insurance requirements for the construction period are attached as an Exhibit. Upon completion of construction, all improvements are donated to City; however during the term of this lease, Lessee is responsible for all maintenance and repair to improvements constructed by Lessee. (2) All Improvements constructed by Lessee or Lessee's contractors on City property, including, but not limited to, the boat slips, pilings, boardwalk decking, etc., and an operations of Lessee must comply with all applicable City Codes and ordinances and all applicable Federal and State statutes and regulations. (3) Lessee shall use the 15 boat slips located at the Peoples Street T-head stem from slip number 70 eastward terminating at the west bulkhead fora floating barge for the operation of a yachting center, sailing school, charter boats, boat brokerage, gift and sundries shop, room rentals, and related activities, and for no other purpose unless approved in advance in writing by the Marina Superintendent. Lessee also may sell food that requires minimal on -site preparation and non - alcoholic beverages to the public. (4) Lessee at Lessee's expense shall install pilings to accommodate and secure the Floating Barge. (6) Lessee at Lessee's expense shall replace the damaged pilings along the Boardwalk commercial slips as necessary to accommodate the fishing vessels westward of the sailing school. The pilings are located along the north side of the boardwalk, as identified by the Marine Superintendent (8) Lessee at Lessee's expense may replace the Boardwalk decking in the front of the Floating Berge as per request of Marina Superintendent. (7) Lessee at Lessee's expense shall construct improvements to the sewage and electrical service serving the Yachting Center to comply with requirements of City Codes. (8) During the Texas International Boat Show or other City - approved events,- the Barge and sailing school and charter boats will move OR the barge office / school will be used for Boat Show office during Boat show period. (9) All signage must be in compliance with City Codes. (10) Lessee shell be responsible for all maintenance of improvements constructed for the benefit of the Yachting Center, including maintenance of Improvements to provide electrical and sanitary sewage to the Yachting Center. Lessee shall maintain docks associated with slips rented under this Contract. (11) Lessee pays for ali utilities. (12) Lessee shall have the non - exclusive use of the boardwalks and decks adjacent to the slips leased. (13) Lessee shall provide trash cans in number and location as Marina Superintendent. Lessee Is responsible to keep area clean and remove trash daily which accumulates in the Lessee's area. Lessee shall not obtain separate dumpster without approval of Marine Superintendent. :1LEG.DIrLiea1200B MarinaWacM. Center .Marine.Spece.Rental.Contract 15 year October 7 200B.doc -262 - _SQ_ Page 12 of 14 INSURANCE REQUIREMENTS — Exhibit A -I YACHTING CENTER OF CORPUS CHRISTI. LLC'S LIABILITY INSURANCE A. Yachting Center of Corpus Christi, LLC must not commence work under this agreement until all insurance required herein has been obtained and such insurance has been approved by the City. The Yachting Center of Corpus Christi, LLC must not allow any subcontractor to commence work until all similar insurance required of the subcontractor has been so obtained. B. Yachting Center of Corpus Christi, LLC must fumish to the City's Risk Manager or designee, two (2) copies of Certificates of Insurance, showing the following minimum coverage by an Insurance company(s) acceptable to the City's Risk Manager. The City must be named as an additional Insured for the General Liability policy and a blanket waiver of subrogation is required on all applicable policies. EG- DIR \Uaat2005 Marina\ Yacht. Center .Marina.Spece.Rentai.Contract 15 year October 7 2005.00c TYPE OF INSURANCE MINIMUM INSURANCE COVERAGE 30-day written notice of cancellation, material change, non - renewal or termination is required on all certificates Bodily Injury and Property Damage Per occurrence / aggregate limit Ocean Marine Coverage 1. Marine Owners Liability coverage 2. Premises Liability — Broad Form General Liability 3. Products/ Completed Operations 4. Contractual Liability 5. Personal Injury & Advertising Injury 6. Fire Legal Liability $1,000,000 per occurrence form $250,000 Damage to Premises rented to you $5,000 Medical Payments • Commercial Property Legal Liability coverage to include value of leased area Ordinance or Law Coverage Time Element — Leasehold Interest Lessee is responsible for their own insurable Interests In their property $250,000 Inland Marine / Builders Risk In amount of value of the floating barge Protection & Indemnity (P & I) Improvements and Betterments (as per Exhibit A) $1,000,000 (When applicable) _ Environmental Impairment Liability — Broad form pollution liability coverage $1,000,000 Business Auto Liability to include Hired and Non -owned Auto Liability $1,000,000 EG- DIR \Uaat2005 Marina\ Yacht. Center .Marina.Spece.Rentai.Contract 15 year October 7 2005.00c Page 13 of 14 Workers Compensation Employers Liability USL &H $500,000 C. in the event of accidents of any kind, Yachting Center of Corpus Christi, LLC must furnish the Risk Manager with copies of all reports of such accidents within ten (10) days of the accident. Section 1.01 U ADDITJONAL REQUIREMENTS A. If applicable, as stated in Section 143, Table, Yachting Center of Corpus Christi, LLC must obtain the applicable workers' compensation coverage or maritime exposure protection for its employees through a licensed insurance company in accordance with Texas law. The contract for coverage must be written on a policy and with endorsements approved by the Texas Department of Insurance. The coverage provided must be In an amount sufficient to assure that all workers' compensation obligations Incurred by Yachting Center of Corpus Christi, LLC will be promptly met. B. Lessee's financial integrity le of interest to the City; therefore, subject to Lessees right to maintain reasonable deductibles in such amounts as are approved by the City, Lasses shall obtain and maintain In full force and effect for the duration of this Contract, and any extension hereof, at Lessee's sole expense, insurance coverage written on an occurrence basis, by companies authorized and'admitted to do business in the State of Texas and with an A.M. Best's rating of no less than As (VII). C. The Clty shall be entitled, upon request and without expense, to receive copies of the policies, declarations page and all endorsements thereto as they apply to the limits required by the City, and may require the deletion, revision, or modification of particular policy terms, conditions, limitations or exclusions (except where policy provisions are established by law or regulation binding upon either of the parties hereto or the underwriter of any such policies).Lessee shall be required to comply with any such requests and shall submit a copy of the replacement certificate of insurance to City at the address provided below within 10 days of the requested change. Lessee shall pay any costs incurred resulting from said changes. All notices under this Article shall be given to Clty at the following address: City of Corpus Christi Attn: Risk Management P.O. Box 9277 Corpus Christi, TX 78469 -9277 (381) 828 -4555- Fax # D. Lessee agrees that with respectto the above required insurance, all Insurance policies are to contain or be endorsed to contain the following required provisions: • Name the City and its officers, officials, employees, volunteers, and elected representatives as additional insured by endorsement, as respects operations and activities of, or on behalf of, the named insured performed under contract with the City, on the Ocean Marine Coverage and Business Auto Liability coverage. • Provide for an endorsement that the "other insurance" clause shall not apply to the City of Corpus Christi where the City is an additional Insured shown on the policy; • Workers' compensation and employers' liability policies will provide a waiver of subrogation In favor of the Clty; and .EG•DIR1LIsa1200B MarinaWacht. Canter .Marina.Space.Rental.Contract 16 year October 7 2008Aoc —264 — _cc_ Page 14 of 14 • Provide thirty (30) calendar days advance written notice directly to City of any suspension, cancellation, non - renewal or material change in coverage, and not less than ten (10) calendar days advance written notice for nonpayment of premium. E. Within five (5) calendar days of a suspension, cancellation, or non - renewal of coverage, Successful Bidder shall provide a replacement Certificate of Insurance and applicable endorsements to City. City shall have the option to suspend Lessee's performance should there be a lapse In coverage at any time during this contract. Failure to provide and to maintain the required Insurance shall constitute a material breach of this contract F. In addition to any other remedies the City may have upon Lessee's failure to provide and maintain any insurance or policy endorsements to the extent and within the time herein required, the City shall have the right to order Lessee to stop work hereunder, and/or withhold any payment(s) which become due to Lessee hereunder unit Lessee demonstrates compliance with the requirements hereof. G. Nothing herein contained shall be construed as limiting in any way the extent to which Successful Bidder may be held responsible for payments of damages to persons or property resulting from Lessee's or its subcontractors' performance of the work covered under this agreement. I-1. It is agreed that Lessee's insurance shall be deemed primary and non - contributory with respect to any insurance or calf insurance carried by the City of Corpus Christi for Iiabilly arising out of operations under this contract I. It is understood and agreed that the Insurance required is In addition to and separate from any other obligation contained in this contract NOTE: The limits and types of coverages are subject to adjustment If upon rwisw of permit application, It Is determined that the activity under this permit requires Increased levels and types of coverages. 2008 Yachting Center CC, LLC. ins. req. 8 -29 -08 ep Risk Mgmt .EG- DIR1Lisat2005 Marina\ Yacht. Center .Maaoa.Space.Rentel.Contract 15 year October 772006.00c —2%T- - YACHTING CENTER of CORPUS CHRISTI Extiiom- 13 pan es J r 119 N. UPPER BROADWAY SUITE 195 CORPUS CHRISTI TX 78101 PH 361.992.1878 FX 361. 882.1632 CL 361. 774.7866 URBANO@FLASH.NET la °O14 N SI11111111111111 /he OMNI I, SRN NM M • -s • a. -- EAST EXTERIOR ELEVATION WALE* I/S••I•-e• ,JnnIA111IINI11IIAII11II11,... SOUTH EXTERIOR ELEVATION SCALE: Were YACHTING CENTER of CORPUS CHRISTI 10 WRIGHT ARCHITECTS 719 N. UPPER BROADWAY SURE 195 CORPUS CHRISTI TX 78901 PH 891.9821978 FX 391.9921932 CL 391.774.7889 URBANOWLASH.NET gxka,1*' B - past 2..- r--0) c'1I) NI � MN 1111111M - - - -_- . -— �� • I MN IS ■IS r IIIIIIII_ WEST EXTERIOR ELEVATION BCA.Es VO'AA' -O' N TH XT SCALE; VB' +Y-O' YACHTING CENTER of CORPUS CHRISTI 0 E VAT ION EXh•hii' 8 - 1me 3 • Ic to I N WRIGHT ARCHITECTS MIL UPPER BROADWAY SUITE 198 CORPUS CHRISTI 1X 78401 PH 381.992.1679 FX 361. 882.1632 CL 381.774.7669 URBANOOFLASH.NET 18 CITY COUNCIL AGENDA MEMORANDUM November 11, 2008 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 55 to establish a fee for estimating meter reads when access to replace meter for the automated meter reading program is not provided; providing an effective date of January 1, 2009; and providing for publication. ISSUE: The City is in its fourth year of a five year implementation program for installing an Automated Meter Reading system throughout the City. Over the past three years, the City's contractor has had difficulty in obtaining access to certain accounts which has delayed the progress of converting 100% of the meters in any given route. 100% conversion is required to fully benefit from the objectives of the program. As a stop gap measure to reading inaccessible meters, the City places those inaccessible accounts on estimated status until such time the customer calls the contractor for an appointment. Once on estimated status, the bill must be manually processed which requires staff to physically pull the bill and make adjustments in the system to estimate the bill. The fee referenced in the ordinance will recoup the City's costs for estimating the bill. REQUIRED COUNCIL ACTION: City Council must approve amendments to the Code of Ordinances. PREVIOUS COUNCIL ACTION: None related to this issue. RECQMMENDATION: Staff recommends approval of the ordinance. Michael : arrera Assistant Director o Financial Services -271- BACKGROUND The City's contractor for AMR conversion has had difficulty obtaining access to customer property. The rate of occurrence is estimated to be about 3% of accounts serviced. Although a small percentage, the inability to saturate an entire route is detrimental to the success of the AMR program. For those inaccessible accounts, the City must continue to send meter readers to read the meters or estimate those accounts. In those instances where the City has placed a customer on an estimated account status, some customers appear to prefer to stay on an estimated status rather than allowing the conversion to be made. Currently, approximately 100 accounts are on estimated status with some accounts dating back to calendar year 2007. Additionally, 665 accounts are on a list of inaccessible accounts. The average monthly revenue associated with these accounts is $250,000. Seventy percent (70 %) of the accounts are residential customers. The remainder are commercial customers including restaurants, churches, apartment complexes, schools and hospitals. Inaccessibility issues include locked gates, bad dogs in yard, residential customer requesting an appointment at another time or commercial customer requesting an appointment at another time. Historically, in order to gain access to a customer account, the contractor will make three attempts during the span of a two week period. If unsuccessful, the account is placed on a list and sent to the Utility Business Office (UBO) for assistance to gain access. UBO then issues a letter requesting the customer to make an appointment with the contractor. If the customer has not made an appointment with the contractor within the next thirty days, the City will issue a second letter, informing the customer that their account will be placed on estimated status until an appointment is made and access is granted. UBO will continue to send notices with each estimated bill reminding the customer to make an appointment. This estimated handling of bills is done on a manual basis that is both time consuming and is an inefficient method of billing customers. In cooperation with the contractor, the City has developed a new "access" procedure whereby tasks and responsibilities are clearly defined and an agreed upon schedule is adhered to by both parties. Included in that process, is the estimated fee referenced in the ordinance. The fee will only be applied to those accounts that continue to deny the contractor access after three attempts have been made by the contractor and three letters have been issued by the City. The final letter will be sent certified mail to confirm the customer has received the letter. The appointment process can provide for after hour and weekend work in order to accommodate personal and business schedules. —272— AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 55 TO ESTABLISH A FEE FOR ESTIMATING METER READS WHEN ACCESS TO REPLACE METER FOR THE AUTOMATED METER READING PROGRAM IS NOT PROVIDED; PROVIDING AN EFFECTIVE DATE OF JANUARY 1, 2009; AND PROVIDING FOR PUBLICATION. WHEREAS, the City of Corpus Christi has undertaken an automated meter reading program to improve efficiencies in the meter reading process; WHEREAS, as part of the automated meter reading program, the City has notified utility customers of the City program to install new meter reading devices, including written notices, and of the need to have access to the property; WHEREAS, at some properties, despite issuance of City written notification, the City or its contractor has been denied access to the premises to install new automated meter reading devices, either due to a locked gate, aggressive dog on property, or customer refusal; and WHEREAS, utility customer non - cooperation with City request for access to the property for new installation is causing the City to bill such accounts for utilities based on estimates of utility usage, which causes additional use of City staff time to manually review the bills, delays utility bill printing by one to two days, delays the completion of the automated reading program, and prevents City from recording accurate revenues, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. Corpus Christi City Code of Ordinances, Chapter 55, Utilities, Article II, Rules and Regulations of the Utilities Business Office, is amended to add new Section 55 -39, to read as follows: "Sec. 55 -39. Fee for estimating meter reads. (a) The monthly fee for estimating a meter read is $ 40.00. (b) No such fee shall be charged until the following has occurred: (1) The City of Corpus Christi shall send written notice by regular mail to notify the utility customer that the City is in the process of replacing the meter with automated meter reading devices, and to instruct the customer to call, within two weeks from date of the notice, the Utilities Business Office or the City's contractor to provide access to the property for installation of new automated meter reading device. The notice shall also inform the customer that customer's failure to timely comply shall cause the City to place the account on estimated meter reading, and shall cause a monthly estimated meter reading fee of $40.00 to be assessed. (2) If customer does not timely respond within two weeks from date of first written notice then the City shall mail a second written notice by regular mail to inform the customer that the account has been placed on estimated meter reading, and H:\LEG- DIR \Lisa\2008 ORDINANCES\FEE FOR ESTIMiTED METER READING Nov 6, 2008.DOC 2 to instruct the customer to call, within two weeks from date of the notice, the Utilities Business Office or the City's contractor to provide access to the property for installation of new meter reading device. The second written notice shall also inform the customer that customer's failure to timely comply shall cause the City to keep the account on estimated meter reading and shall cause a monthly estimated meter reading fee of $40.00 to be assessed on the next utility bill. (3) If the customer does not timely respond within two weeks from date of second written notice, then the City shall mail the customer a third and final written notice by regular mail to inform the customer that the account has been placed on estimated meter reading, and to instruct the customer to call, within two weeks from date of the notice, the Utilities Business Office or the City's contractor to provide access to the property for installation of new meter reading device. The third written notice shall also inform the customer that the Citv is applying a monthly estimated meter reading fee to the customer's bill, until the automated meter reading device is installed by the City or its contractor. (c) The fee for estimating a meter read is in addition to and separate from the monthly estimated meter read. (d) For purposes of this section, the estimated meter reading is calculated by the following formula: Determine average daily consumption amount, by first adding the meter readings from the following billing periods: 12 months prior, 11 months prior, and 10 months prior. Then, divide this total by the total number of days in these three billing periods, to determine the average consumption per day. Then multiply the average consumption per day by number of days in the estimated month, to determine the estimated consumption for the month, and round to the nearest thousand gallons for water, and nearest MCF (thousand cubic feet) for gas. SECTION 2. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 3. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. This ordinance takes effect January 1, 2009. FEE FOR ESTIMATED METER READING NOV 6, 2008 —274— That the foregoing ordi aftce was r d for the first time and passed to its second reading on this the I`A' day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper Aff)L. John E. Marez Larry Elizondo, Sr. Nelda Martinez ^ ' Mike Hummell Michael McCutchon Kelly (((( JJJJ Q That the foregoing ordinance was read for the second time and passed finally on this the day of Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly , 2008, by the following vote: PASSED AND APPROVED, this the day of 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: Nov. 7, 2008 By: X co- Lisa Aguilar Assistant City Attorney for the City Attorney —275— Henry Garrett Mayor 19 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 11/18/2008 AGENDA ITEM: Ordinance amending the Code of Ordinances, City of Corpus Christi, Chapter 10, Beachfront Management and Construction, to restrict vehicular traffic on the Gulf beach seaward of portions of the concrete segment of the Padre Island seawall and establishing a pedestrian safe area when the distance between the toe of the seawall to the water is less than 150 feet in width, and allowing two way vehicular traffic on the Gulf beach between the northern end of the seawall and Padre Balk Park; establishing a pedestrian safe area between the northern end of the concrete seawall and the Packery Channel jetty; committing the City Council to undertake efforts to restore and maintain the beach in front of the seawall to a minimum width of 200 feet; adding an appendix to the City of Corpus Christi, Texas, Dune Protection and Beach Access Regulations to show the approximate location of bollards to be installed on the beach. ISSUE: Establish pedestrian safe areas seaward of the Padre Island concrete seawall and between the seawall and the south Packery Channel jetty, install bollards to separate vehicles the pedestrians, and eliminate one way traffic pattern between north end of concrete seawall and Padre Balli Park. Establishment of the pedestrian safe areas was authorized by opt ordinance to REQUIRED COUNCIL ACTION: Adopt proposed ordinance. PREVIOUS COUNCIL ACTION: 08/19/2008, adopted Ordinance 027813, which place Proposition 8, Seawall Beach Access and Safety, on the 11/04/2008 ballot. 09/09/2008 adopted Resolution 027851, which set out Council's plan for installation of bollards seaward of the seawall. 10/21/2008 adopted Resolution 027913, which expanded upon the plan for installation of bollards seaward of the seawall and between the seawall and the south Packery Channel jetty. CONCLUSION AND RECOMMENDATION: Adoption of the proposed ordinance will implement Proposition 8, adopted by voters on November 4, 2008, which authorized the establishment of pedestrian safe areas on the beach seaward of the seawall and restrictions on vehicle traffic where the width of the beach between the seawall and water is less than 150 feet. / Attachments lef R. Escobar Interim City Manager —279— BACKGROUND INFORMATION The Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office, under the authority of the Texas Open Beaches Act, authorizes local governments, with the prior approval of the General Land Office, to close portions of the public beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed. The Padre Island seawall is 4216.5 feet long, and the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land adjoining the seawall, which is adjacent to the public beach. The City has constructed a parking lot that will accommodate 310 cars. The parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall that is closed to vehicular traffic. Ingress and egress access to the beach is provided for vehicles at each end of the seawall. Access to the beach is provided for pedestrians along the entire length of the seawall by a perpetual easement that has been granted in favor of the public affording pedestrians noncommercial use along and over the entire length of the seawall and adjacent sidewalk. It has been the City's long term plan to close the beach seaward of the seawall once the City constructed a parking lot on City owned property adjacent to the seawall. Policy Statement II.B.3 of the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, adopted on February 28, 1995, an element of the City's Comprehensive Plan, provides that "Subsequent to the purchase and development of the parking lot landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall to vehicular traffic for safety purpose;" Policy Statement C.15, MUSTANG -PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, provides the "in order to create a safe day use beach area in front of the sea wall, traffic will be prohibited once a public parking area is constructed," once a 300 space parking lot is available on the existing city land located adjacent to the seawall. The 74th Texas Legislature recognized this plan when in 1995 it adopted §61.017(c)(1)(B) of the Texas Natural Resources Code, which in recognizing the seawall as the line of vegetation required the fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall be conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall. The 2.9 acres of land owned by the City, on which a parking lot has been constructed, satisfies that obligation. The closing of portions of the public beach seaward of the concrete segment of the Padre Island seawall when there is less than 150 feet of sand between the toe of the seawall and water will provide a family safe area for the public to use the beach without —280— being exposed to the dangers posed by vehicles driving on the beach. The public's right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall. With the exception of the beach seaward of the seawall, it is the policy of the City of Corpus Christi, as adopted in Policy Statements B.33, and C.13, MUSTANG -PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, to maintain vehicle access along the Gulf beach unless necessary for an overwhelming public safety concern. In 2006, the City's Charter was amended as a result of an initiative and referendum that limited the City Council's authority to restrict vehicular access to and on the Gulf beach unless approved by a majority vote of qualified voters of the City, voting at an election duly called for such purpose. Article X, Section 4 of the City's Charter, as amended in 2006, allows the City Council to vehicular access to areas of the Gulf beach for public necessity. A public necessity is limited to environmental emergencies, public health and safety emergencies, and government functions whose importance justifies the restriction of vehicular access. Any restrictions on vehicular access for public necessity must be limited to the smallest possible area and for the shortest possible duration. The extremely narrow beach between portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall create an extremely unsafe condition in which both beachgoers and drivers are at grave risk. There is public necessity to restrict vehicular access to those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water. The restrictions of vehicular access to this small area of the Gulf beach are expected to be of limited duration due to planned renourishment of the beach at the southern end of the seawall. The City Council put the issue of closing those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water to a vote of the citizens of Corpus Christi on Tuesday, November 4, 2008, when it adopted Ordinance 027813. On Tuesday, November 4, 2008, a majority of the voters approved Proposition 8, entitled "Seawall Beach Access & Safety," by voting for the measure, which read: "RESTRICTING VEHICULAR ACCESS TO AND ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE PADRE ISLAND SEAWALL WHEN THE WIDTH OF THE BEACH BETWEEN THE TOE OF THE SEAWALL AND WATER IS LESS THAN 150 FEET." Section 7 of Ordinance 027813 stated the effect of Proposition 8 as: "If this ballot measure is adopted, and is approved by the General Land Office, an ordinance will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall as a pedestrian safe area and closes the beach seaward of the concrete seawall to all vehicular traffic by prohibiting driving on that portion of the beach when the width of the beach between the toe of the seawall and water is less —281— than 150 feet. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach." On September 9 and October 21, 2008, the City Council adopted two resolutions to inform the citizens of the City of the locations where bollards would be installed to separate the pedestrian safe areas from the portions of the beach on which vehicle would be allowed to transit and park in front of the concrete seawall and between the northern end to the concrete seawall and the Packery Channel south jetty. —282— ORDINANCE AMENDING THE CODE OF ORDINANCES, CITY OF CORPUS CHRISTI, CHAPTER 10, BEACHFRONT MANAGEMENT AND CONSTRUCTION, TO RESTRICT VEHICULAR TRAFFIC ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE SEGMENT OF THE PADRE ISLAND SEAWALL AND ESTABLISHING A PEDESTRIAN SAFE AREA WHEN THE DISTANCE BETWEEN THE TOE OF THE SEAWALL TO THE WATER IS LESS THAN 150 FEET IN WIDTH, AND ALLOWING TWO WAY VEHICULAR TRAFFIC ON THE GULF BEACH BETWEEN THE NORTHERN END OF THE SEAWALL AND PADRE BALLI PARK; ESTABLISHING A PEDESTRIAN SAFE AREA BETWEEN THE NORTHERN END OF THE CONCRETE SEAWALL AND THE PACKERY CHANNEL JETTY; COMMITTING THE CITY COUNCIL TO UNDERTAKE EFFORTS TO RESTORE AND MAINTAIN THE BEACH IN FRONT OF THE SEAWALL TO A MINIMUM WIDTH OF 200 FEET; ADDING AN APPENDIX TO THE CITY OF CORPUS CHRISTI, TEXAS, DUNE PROTECTION AND BEACH ACCESS REGULATIONS TO SHOW THE APPROXIMATE LOCATION OF BOLLARDS TO BE INSTALLED ON THE BEACH; PROVIDING FOR PENALTIES; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING A DELAYED EFFECTIVE DATE WHEREAS, the Section 15.7(h) of the Beach and Dune Rules established by the Texas General Land Office, under the authority of the Texas Open Beaches Act, authorizes local governments, with the prior approval of the General Land Office, to close portions of the public beach to vehicular traffic, if adequate parking is provided on or adjacent to the beach to accommodate one car for each 15 linear feet of beach that is closed; WHEREAS, the Padre Island seawall is 4216.5 feet long; WHEREAS, the City of Corpus Christi owns 2.9 acres (126,441.41 square feet) of land adjoining the seawall, which is adjacent to the public beach; WHEREAS, the City has constructed a parking lot that will accommodate 310 cars; WHEREAS, the parking lot is adequate to provide parking for at least one car for each 15 feet of beach seaward of the seawall that is closed to vehicular traffic; WHEREAS, ingress and egress access to the beach is provided for vehicles at each end of the seawall; WHEREAS, ingress and egress access to the beach is provided for pedestrians along the entire length of the seawall by a perpetual easement that has been granted in favor of the public affording pedestrians noncommercial use along and over the entire length of the seawall and adjacent sidewalk; 150' Seawall Beach Closure Ordinance — 11212008 —283— 2 WHEREAS, signs will be conspicuously posted to explain the nature and extent of vehicular controls, parking areas, and access points; WHEREAS, it has been the City's long term plan to close the beach seaward of the seawall once the City constructed a parking lot on City owned property adjacent to the seawall; WHEREAS, Policy Statement 11.8.3 of the City of Corpus Christi, Texas, Dune Protection and Beach Access Plan, adopted on February 28, 1995, an element of the City's Comprehensive Plan, provides that "Subsequent to the purchase and development of the parking lot landward of the seawall, the City will take action to close permanently the beach seaward of the Seawall to vehicular traffic for safety purpose;" WHEREAS, Policy Statement C.15, MUSTANG -PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, provides the "in order to create a safe day use beach area in front of the sea wall, traffic will be prohibited once a public parking area is constructed," once a 300 space parking lot is available on the existing city land located adjacent to the seawall; WHEREAS, the 74th Texas Legislature recognized this plan when in 1995 it adopted §61.017(c)(1)(B) of the Texas Natural Resources Code, which in recognizing the seawall as the line of vegetation required the fee title to the surface estate to an area for public parking and other public uses adjacent to the seawall be conveyed to and accepted by a public entity, which area contains sufficient acreage to provide at least one parking space for each 15 linear feet of the seawall; WHEREAS, the 2.9 acres of land owned by the City, on which the parking lot has been constructed, satisfies that obligation; WHEREAS, the closing of portions of the public beach seaward of the concrete segment of the Padre Island seawall when there is less than 150 feet of sand between the toe of the seawall and water will provide a family safe area for the public to use the beach without being exposed to the dangers posed by vehicles driving on the beach; WHEREAS, the public's right to access is protected by the existing access and the availability of public parking adjacent to the public beach and seawall; WHEREAS, with the exception of the beach seaward of the seawall, it is the policy of the City of Corpus Christi, as adopted in Policy Statements B.33, and C.13, MUSTANG - PADRE AREA DEVELOPMENT PLAN, adopted by City Council Ordinance #025725 on April 20, 2004, an element of the City's Comprehensive Plan, to maintain vehicle access along the Gulf beach unless necessary for an overwhelming public safety concern; WHEREAS, in 2006, the City's Charter was amended as a result of an initiative and referendum that limited the City Council's authority to restrict vehicular access to and on the Gulf beach unless approved by a majority vote of qualified voters of the City, voting at an election duly called for such purpose; 150' SEAWALL BEACH CLOSURE ORDINANCE -- 11212008 —284— 3 WHEREAS, Article X, Section 4 of the City's Charter, as amended in 2006, allows the City Council to vehicular access to areas of the Gulf beach for public necessity; WHEREAS, a public necessity is limited to environmental emergencies, public health and safety emergencies, and government functions whose importance justifies the restriction of vehicular access; WHEREAS, restrictions on vehicular access for public necessity must be limited to the smallest possible area and for the shortest possible duration; WHEREAS, the extremely narrow beach between portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall create an extremely unsafe condition in which both beachgoers and drivers are at grave risk; WHEREAS, there is public necessity to restrict vehicular access to those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water; WHEREAS, the restrictions of vehicular access to this small area of the Gulf beach are expected to be of limited duration due to planned renourishment of the beach at the southern end of the seawall; WHEREAS, the City Council put the issue of closing those portions of the Gulf beach seaward of the concrete portion of the Padre Island seawall when the width of the beach is less than 150 feet between the toe of the seawall and the water to a vote of the citizens of Corpus Christi on Tuesday, November 4, 2008, when it adopted Ordinance 027813; WHEREAS, on Tuesday, November 4, 2008, a majority of the voters approved Proposition 8, entitled "SEAWALL BEACH ACCESS & SAFETY," by voting for the measure, which read: "RESTRICTING VEHICULAR ACCESS TO AND ON THE GULF BEACH SEAWARD OF PORTIONS OF THE CONCRETE PADRE ISLAND SEAWALL WHEN THE WIDTH OF THE BEACH BETWEEN THE TOE OF THE SEAWALL AND WATER IS LESS THAN 150 FEET," WHEREAS, Section 7 of Ordinance 027813 stated the effect of Proposition 8 as: "If this ballot measure is adopted, and is approved by the General Land Office, an ordinance will take effect that designates the portion of the City's Gulf of Mexico beach seaward of the concrete Padre Island seawall as a pedestrian safe area and closes the beach seaward of the concrete seawall to all vehicular traffic by prohibiting driving on that portion of the beach when the width of the beach between the toe of the seawall and water is less than 150 feet. There is an exception that allows emergency vehicles, vehicles used to maintain the beach, and vehicles used to provide beach related services under a permit issued by the City to drive on that portion of the beach;" and WHEREAS, on September 9 and October 21, 2008, the City Council adopted two resolutions to inform the citizens of the City of the locations where bollards would be installed to separate the pedestrian safe areas from the portions of the beach on which 150' SEAWALL BEACH CLOSURE ORDINANCE -- 11212008 —285— 4 vehicle would be allowed to transit and park in front of the concrete seawall and between the northern end to the concrete seawall and the Packery Channel south jetty; BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Section 10 -77, Code of Ordinances, is amended by revising subsection (e), redesignating subsection (f) as subsection (h), and adding a new subsections (f) and (g) to read as follows: Sec. 10-77. Pedestrian safe areas. (e) The city manager may shall establish as a pedestrian safe area those portions of the Gulf beach seaward of the concrete peftlen- segment of the Gulf seawall, until when the beach between the toe of the seawall and the water is less than 150 feet in width. The city manager shall: (1) Temporarily restrict the operation of vehicles in front of the concrete Padre Island seawall when and where width is less than 150 feet. (2) Install rows of bollards parallel to the seawall to maintain vehicle transit and parking lanes. a. One row of bollards must preserve a 25' wide pedestrian safe space adjoining the seawall. b. A second row of bollards to allow two -way vehicle traffic along the seawall. c. Areas for head -in parking, seaward of and parallel to the first row must be provided. d. Head -in parking areas may not be located across from walkways that provide access to the seawall and beach from hotels, condominiums, parking lots, and other beach access points along the seawall. These areas should be marked as pedestrian crossings. e. The bollards must be placed so as to maximize the area of pedestrian - safe beaches near the shore in front of the seawall, while still maintaining vehicle - lanes. (f) The city manager shall establish as a pedestrian safe area those portions of the Gulf beach between the north end of the concrete Padre Island seawall and the south iettv of Packery Channel. 150' SEAWALL BEACH CLOSURE ORDINANCE - 11212 2881) 5 (1) The bollards must be installed 50 feet landward of mean high tide for a distance of approximately 1550 feet from the north end of the concrete seawall to a point 600 feet from the south ietty. (2) The bollards must be spaced to prevent the passage of vehicles between the bollards. (3) At the northern end of the row of bollards parallel to the water, a perpendicular row of bollards must be installed that extends seaward to the line of mean low tide. (4) At least two areas must be designated for boat launch access, and the bollards spaced to allow vehicles and boat trailers through the row of bollards. (5) Openings that are gated or chained may be installed in the bollards to allow vehicles to a operate close to the water's edge during times of limited use of the beach by pedestrians and swimmers and when the upper beach sand is too soft to allow safe vehicular access to the lefty. (q) Appendix XVII of the City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations illustrates the approximate location of the bollards that will separate the pedestrian safe areas and the areas set aside for vehicle transit and parking in the vicinity of the concrete seawall and south ietty of Packers Channel. "(f�f f� No pedestrian safe area may be implemented until the location and perimeter design has been submitted to the Texas General Land Office and Texas Attorney General, and approved by the Texas General Land Office. SECTION 2. Section 10 -81, Code of Ordinances, is revised to read as follow: "Sec. 10-81. Portions of the beach closed. "(a)_The city manager, or the city manager's designee, is authorized to close portions of the beach to all vehicle traffic for declared safety reasons during periods including, but not limited to, extreme high tides, such as storm tide and "spring" tide events, and when less than a twenty -five -foot corridor along the beach is available for vehicular traffic. "(b) Except for emergencies vehicles, vehicles used to maintain the beach, or vehicles used to provide beach related services under a permit issued by the City, when the City Manager has designated portions of the beach seaward of the Padre Island seawall as a pedestrian safe area under Section 10- 77(e), those portions of the beach are closed to vehicular traffic, and driving on those portions of beach is prohibited." 150' SEAWALL BEACH CLOSURE ORDINANCE - 112120088 7 6 SECTION 3. Section 10- 80(e), Code of Ordinances, is repealed: "Sec. 10-80. One -way traffic on beach and access roads. SECTION 4. The City Council will undertake efforts to renourish the beach in front of the concrete seawall in an expeditious manner in order to restore and maintain the beach to a minimum width of 200 feet. SECTION 5. The City of Corpus Christi, Texas, Dune Protection And Beach Access Regulations are amended by adding a new Appendix XVII to read as follows: 150' SEAWALL BEACH CLOSURE ORDINANCE - 1121200 fl —288— 7 APPENDIX XVII APPROXIMATE LOCATION OF BOLLARDS USED TO SEPARATE THE PEDESTRIAN SAFE AREAS AND THE AREAS SET ASIDE FOR VEHICLE TRANSIT AND PARKING IN THE VICINITY OF THE CONCRETE SEAWALL AND SOUTH JETTY OF PACKERY CHANNEL P ey0 615-cm .. woloNlnVH WINDWARD DRij 13NLLSf19flV 'LS, / it I; ! t 150' SEAWALL BEACH CLOSURE ORDINANCE - 11212008 -289- 8 SECTION 6. A violation of this ordinance or requirements implemented under this ordinance constitutes an offense punishable under Section 1 -6 of the City Code of Ordinances. SECTION 7. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 8. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. SECTION 9. This ordinance take effect on the approval of these changes to the City of Corpus Christi's Dune Protection and Beach Access Plan by the General Land Office 150' SEAWALL BEACH CLOSURE ORDINANCE - 1121209$9 0 9 That the foregoing . finance w s rea 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 2 / .,;.; John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell _. Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2005. ATTEST: , 2008, by the following vote: Armando Chapa City Secretary APPROVED: /0 day of November, 2008. R. Jay 'ei' ng Firs . s ' tant City A •rney for City Attorney —291— Henry Garrett Mayor 9 20 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION COUNCIL ACTION DATE: December 9, 2008 AGENDA ITEM: Downtown Vision Plan CITY STAFF PRESENTER(S): Name Title Irma Caballero Director OUTSIDE PRESENTER(S): Name Dept/Div Economic Development Title /Position Organization Raymond Gignac Principle Gignac Associates Allan Ward Principle Sisaki Associates Lynn Hoffman Carlton Senior Associate Sisaki Associates ISSUE: To provide an action plan for the near and long term development of downtown to assist in targeting public investment and private sector response. REQUIRED COUNCIL ACTION: Endorsement of the Downtown Vision Plan C:9-;/k3 40C2% .0 o Irma Caballero, Director Economic Development —295— CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 9, 2008 AGENDA ITEM: Public hearing and first reading ordinance to consider designating a certain area within the jurisdiction of the City of Corpus Christi as a tax increment financing district to be known as "Reinvestment Zone Number Three, City of Corpus Christi, Texas ", establishing a board of directors for the reinvestment zone, and other matters relating thereto. ISSUE: To create a source of revenue for future downtown improvements. REQUIRED COUNCIL ACTION: Approval of a tax increment financing district known as Reinvestment Zone Number Three. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to designate a tax increment financing district for the downtown area. lrmtiero, Director Economic Development —296— BACKGROUND INFORMATION The City of Corpus Christi is proposing to create a Tax Increment Financing Zone (TIF) over a portion of the city that includes approximately 856 acres. Its boundaries encompass the city's Downtown area along the Bayfront from the SEA -Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street. Over the last several years, the City of Corpus Christi has made significant financial investment in downtown. In an effort to begin the process of improving and revitalizing Downtown, the City has worked with a number of downtown organizations and stakeholders to assess what the community desires Downtown to become. The Downtown Redevelopment Committee (DRC) began meeting on March 29, 2006. The group, composed of various individuals representing the community and private sector organizations, held a total of 22 meetings through the support of the City's Economic Development Department and developed the following vision statement: "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." The group sought background information from a variety of sources. City staff provided extensive information on projects, programs, and ordinances. Additionally, the Downtown Management District provided information on their projects and programs geared specifically towards downtown. The DRC developed a report with recommendations and strategies covering design, infrastructure, policies, business development, marketing, and organizational structure. As a result, the City researched ideas on how to generate a revenue stream that would assist the City with redevelopment efforts. In May 2008, the City entered into an agreement with CDS Spillette Alliance for a market and economic feasibility study and a project plan for the downtown tax increment reinvestment zone. The Downtown area qualifies for a TIF because it suffers from economic stagnation, inadequate infrastructure, and deteriorating properties. Some of the conditions, which exist in Downtown, that meet the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; -297- • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. Based on the language of Chapter 311, these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the TIF Zone, retard the provision of housing accommodations, or constitute and economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." Given the existing conditions in Downtown, as outlined in the Market and Economic Study, the feasibility for development in Downtown is severely limited. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the City and other taxing entities, therefore satisfying the general criteria for creation of the TIF Zone. The primary function of the TIF Zone will be the planning, design, and construction of public improvements. The TIF Zone is expected to be only one of a variety of funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. Through the improvement and enhancement of streets, sidewalks, and public spaces in addition to upgrading infrastructure, the TIF Zone and other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, and improve public facilities and spaces. The TIF will help support improvements that further the objectives set forth in various recent planning initiatives of the City, in particular the South Central Area Development Plan, the Shoreline Boulevard Master Plan, and the priorities identified by the Downtown Action Group and Downtown Redevelopment Committee. The TIF Zone will initially take a pay -as- you -go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from the Zone's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. The TIF Zone is proposed for a 20 -year duration. Assuming creation in 2008, the TIF Zone would expire after 2028. The projections assume an annual value appreciation rate for existing development at 3 %. The following table provides a schedule of property tax incremental revenue captured by the TIF Zone over its proposed 20 -year duration for each proposed participating entity: —298— Tax Year City of Corpus Christi Nueces County Del Mar College Total 2009 100,019 62,274 42,869 205,162 2010 174,857 246,169 174,267 595,293 2011 285,647 319,271 224,734 829,652 2012 316,876 342,920 241,172 900,967 2013 426,400 415,482 291,276 1,133,158 2014 598,578 483,334 344,660 1,426,573 2015 639,195 511,905 364,696 1,515,796 2016 1,065,151 653,234 462,341 2,180,727 2017 1,119,765 686,902 485,908 2,292,574 2018 1,327,973 816,265 575,341 2,719,580 2019 1,465,068 896,141 637,248 2,998,457 2020 1,890,849 1,160,899 820,077 3,871,826 2021 1,970,234 1,209,797 854,375 4,034,406 2022 2,052,000 1,260,161 889,703 4,201,864 2023 2,213,579 1,360,240 959,263 4,533,082 2024 2,377,242 1,465,436 1,032,686 4,866,364 2025 2,471,218 1,514,199 1,073,363 5,058,781 2026 2,568,014 1,573,695 1,115,261 5,256,970 2027 2,667,713 1,634,977 1,158,415 5,461,105 2028 2,847,763 1,746,300 1,236,036 5,830,100 TOTAL 28,578,143 18,350,603 12,983,691 59,912,437 -299- Page 1 of 6 ORDINANCE DESIGNATING A CERTAIN AREA WITHIN THE JURISDICTION OF THE CITY OF CORPUS CHRISTI AS A TAX INCREMENT FINANCING DISTRICT TO BE KNOWN AS "REINVESTMENT ZONE NUMBER THREE, CITY OF CORPUS CHRISTI, TEXAS ", ESTABLISHING A BOARD OF DIRECTORS FOR THE REINVESTMENT ZONE, AND OTHER MATTERS RELATING THERETO. WHEREAS, the Texas Legislature has authorized cities to establish reinvestment zones by its enactment of the Tax Increment Financing Act, Chapter 311, Texas Tax Code ( "Act"); WHEREAS, it has been proposed that the City of Corpus Christi should establish a reinvestment zone ( "Zone "), as authorized by the Act, within the area of the City as described by metes and bounds in Exhibit "A," and depicted by map in Exhibit "B," which exhibits are attached to and incorporated into this ordinance; WHEREAS, the City has prepared a preliminary reinvestment zone financing plan, a true and correct copy of which is attached to and incorporated into this ordinance as Exhibit "C," and has presented the plan to the governing bodies of the taxing units that levies taxes on real property in the proposed zone, has provided notice to each taxing unit of the creation of the proposed zone, has made a formal presentation to the governing bodies of the county and school district, and has taken and shall take all other actions required under Section 311.003 of the Act; WHEREAS, the preliminary reinvestment zone financing plan provides that the ad valorem taxes of the City constituting its tax increment are to be deposited into the Tax Increment Fund created by this ordinance, and that ad valorem taxes of the other taxing units constituting their respective tax increments may also be utilized for the purposes described in the preliminary financing plan; WHEREAS, in compliance with the Act, the City called a public hearing to hear public comment on the creation of the proposed zone and its benefits to the City and the property in the proposed zone; WHEREAS, in compliance with the Act, notice of the public hearing was published in the Corpus Christi Caller- Times, a daily newspaper having general circulation in the City, the publication date being not later than seven (7) days prior to the date of the public hearing; WHEREAS, the hearing was convened at the time and place mentioned in the published notice, to -wit, on the 9th day of December, 2008, at the Regular Meeting of the City Council commencing at 10:00 a.m., at the City Hall of the City, which hearing was conducted and then closed; DOWNTOWN TIF ORD 12012008.DOC —300— Page 2 of 6 WHEREAS, the City, at the hearing, invited and permitted any interested person to speak for or against the creation of the zone, its boundaries, and the concept of tax increment financing; WHEREAS, all owners of property located within the proposed zone were given a reasonable opportunity to protest the inclusion of the property in the proposed zone; WHEREAS, City Council considered all information provided to it relevant to the merits of creating the zone, consistent with the criteria in Chapter 311; and WHEREAS, all requirements of the Act have been met. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. The facts and recitations contained in the preamble of this Ordinance are found and declared to be true and correct. SECTION 2. The City Council, after conducting the above - described public hearing and having heard all evidence and testimony, makes the following findings and determinations based on the evidence and testimony presented to it: (a) That the Zone is a contiguous geographic area located wholly within the corporate limits of the City. (b) That the area substantially arrests or impairs the sound growth of the City, retards the provision of multi - family housing accommodations, constitutes an economic or social liability, and is a menace to the public health, safety, morals, or welfare in its present condition and use because of: (1) Unsafe conditions, including deteriorating streets and defective and inadequate sidewalks pose a threat to visitors; residents, and customers of businesses located in the historic downtown district, bounded on the John Sartain on the South, Twigg Street on the North, Water Street on the East, and Mesquite Street to the West. The lack of appropriate curb cuts and ramps limit the mobility of persons with disabilities. (2) Non - existent, inadequately sized, or deteriorated utility infrastructure, including water, wastewater, gas, and fiber optics, substantially arrests or impairs the sound growth of the City and retards the development of multi- family housing and other business or visitor facilities. The existing utility infrastructure in its current condition constitutes an economic or social liability, and is a menace to the public health and welfare. (3) The inadequate street layout, lack of adequate improved parking, and limited way- finding and other signage hampers movement of vehicles and pedestrians throughout the proposed zone. DOWNTOWN TIF ORD 12012008.DOC —301— Page 3 of 6 (4) Deteriorating public spaces with inadequate pedestrian scale lighting, limited irrigation systems and inadequate access to water lines for drinking fountains and hose bibs throughout the historic downtown district limit the types of landscaping and public amenities that can be installed within the business districts. (5) Lack of water and electrical meters in parks limits the activities within the available public spaces. (6) Unsafe conditions due to the lack of security cameras and other safety programs pose a threat to visitors and residents. (c) That tourism and convention business is of extreme importance to the Corpus Christi economy, which has not shared in the economic prosperity enjoyed by the rest of the State in recent years, and the area within the proposed district has tremendous, unrealized potential to support tourist and convention facilities, and it is essential that this presently under - developed area be fully developed. (d) That no more than ten (10) percent of the property in the proposed reinvestment zone, excluding property that is publicly owned, is used for residential purposes. (e) That the total appraised value of taxable real property in the proposed reinvestment zone and in existing reinvestment zones within the City according to the most recent appraisal rolls for the City, does not exceed fifteen (15) percent of the current total appraised value of taxable real property in the City and in the industrial districts created by the City. (f) That the proposed reinvestment zone does not contain more than fifteen (15) percent of the total appraised value of real property taxable by a county or school district. (g) That the improvements to be implemented in the proposed zone will significantly enhance the value of all taxable real property in the proposed zone and will be of general benefit to the City. SECTION 3. The City Council designates as a reinvestment zone the area described by the metes and bounds in Exhibit "A" and depicted by map in Exhibit "B" to promote development and redevelopment of the area, which development or redevelopment the City Council determines will not occur solely through private investment in the reasonably foreseeable future. The reinvestment zone shall be identified as Reinvestment Zone Number Three, City of Corpus Christi, Texas" ( "Zone" or "Reinvestment Zone "). SECTION 4. That a board of directors for the Zone (the "Board") is established, which consists of fifteen (15) members. The Board shall be appointed as follows: DOWNTOWN TIF ORD 12012008.DOC —302— Page 4of6 (a) Under Section 311 .009(a), Tax Code, the respective governing bodies of each taxing unit other than the City each may appoint one (1) member of the Board. Each governing body may waive its right to appoint a director, and is deemed to have waived the right if it has not made the appointment within thirty days of receiving written notice of its right to appoint. (b) The remaining members of the Board are appointed by the City Council of the City. All members appointed by the Board must meet eligibility requirements, as set forth in the Act. Provided, however, notwithstanding any other provision of this Ordinance, the City Council has the right to appoint at least ten (10) members of the Board, and the Board may exceed fifteen (15) members, if necessary for the City Council to make the ten (10) appointments. (b) Terms of Board members are two years. Terms must be staggered, with the first term of eight (8) City Council appointees being for one year. Officers must be appointed as provided in the Act. (c) The Board shall make recommendations to the City Council concerning the administration of the Zone. The Board shall prepare and adopt a project plan and reinvestment zone financing plan for the Zone, and submit the plans to the City Council for its approval under Section 311.011, Texas Tax Code. The Board shall exercise other powers and responsibilities with respect to the Zone only to the extent expressly granted by the City Council by ordinance or resolution. SECTION 5. The Zone shall take effect immediately upon the passage of this Ordinance. Termination of the Zone occurs on December 31, 2022, or at an earlier time designated by subsequent ordinance of the City Council or at the time as all project costs, and all tax increment bonds and interest on any bonds, have been paid in full. SECTION 6. The Tax Increment Base for the Zone, which is the total appraised value of all taxable real property located in the Zone for the year in which the Zone is designated, is shown in Exhibit "D ", which is attached to and incorporated into this ordinance. SECTION 7. There is established a Tax Increment Fund for the Zone, which may be divided into the accounts and sub - accounts, as deemed necessary or convenient under generally accepted accounting principles for government, into which all tax increments, less any amounts not required to be paid into the Tax Increment Fund under the Act, are to be deposited. The Tax Increment Fund may be utilized only for purposes permitted by the Act and managed under the Act. SECTION 8. The City Council finds that the creation of the Zone and the expenditure of moneys on deposit in the Tax Increment Fund, which are necessary or convenient to the creation of the Zone or to the implementation of the project plan for the Zone, constitute a program to promote local economic development and to stimulate business and commercial,activity in the City. DOWNTOWN TIF ORD 12012008.DOC —303— Page 5 of 6 SECTION 9. If for any reason any section, paragraph, subdivision, clause, phrase, word or provision of this ordinance shall be held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it shall not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of this City Council that every section, paragraph, subdivision, clause, phrase, word or provision of this ordinance be given full force and effect for its purpose. SECTION 10. Publication shall be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi. DOWNTOWN TIF ORD 12012008.DOC —304— Page 6 of 6 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2008, by the following vote: Henry Garrett Melody Cooper Larry Elizondo, Sr. Mike Hummel) Bill Kelly Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary day of APPROVED: day of December, 2008: R. Ja ing First Assistant Ci Attorney For City Attorney DOWNTOWN TIF ORD 12012008.DOC —305— , 2008. Henry Garrett Mayor Draft PRELIMINARY PROJECT PLAN AND REINVESTMENT ZONE FINANCING PLAN Tax Increment Finance District #3 CORPUS CHRISTI, TEXAS Prepared for: The City of Corpus Christi Economic Development Office P.O. Box 9277 Corpus Christi, Texas 78469 -9277 October 2008 Prepared by: CDS SPILLETTE'4!' ion:- :dEiug —306— TABLE OF CONTENTS TABLE OF CONTENTS INTRODUCTION 1 Criteria for Zone Creation 1 Vision for Downtown 1 Anticipated Zone Role in Downtown Improvements 2 PROJECT PLAN 3 Existing Uses and Conditions / Boundaries §311.011(b)(1) 3 Exhibit A -Zone Boundaries and Land Use 3 Exhibit B.1 - Existing Conditions North Portion of Zone 4 Exhibit 8.2 - Existing Conditions North - Central Portion of Zone 4 Exhibit B.4 - Existing Conditions South Portion of Zone 5 Exhibit 8.3 - Existing Conditions - South - Central Portion of Zone 5 Exhibit C - Legal Description of the Zone 6 Municipal Ordinances §311.011(b)(2) 8 City Planned Improvements (Non- Project Costs) §311.011(b)(3) 8 Relocation §311.011(b)(4) 8 City Planned Improvements (Non - Project Costs) 8 REINVESTMENT ZONE FINANCING PLAN 9 Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) 9 Exhibit D — Focus Area for TIF -Aided Improvements 10 Economic Feasibility Study §311.011(c)(3) 11 Estimate of Bonded Indebtedness §311.011(c)(4) 11 Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) 11 Method of Financing and Sources of Revenue §311.011(c)(6) 11 Sources of Revenue 12 Current Appraised Value §311.011(c)(7) 13 Estimated Captured Appraised Value §311.011(c)(8) 13 Duration of the Zone §311.011(c)(9) 13 Estimated Captured Appraised Value 14 Appendices 15 Appendix A— Market and Economic Feasibility Study (Under Separate Cover) 15 Appendix B — Projection of New Development and Taxable Assessed Value 16 CDS ( Spillette 2 -307- TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas INTRODUCTION The City of Corpus Christi is proposing to create a Tax Increment Financing Zone or TIF (hereafter referred to as the "Zone") over a portion of the city that includes the city's Downtown area along the Bayfront from the SEA -Town complex at the north end, south to Morgan Avenue adjacent to the Christus Spohn Shoreline Hospital, and west to Tancahua Street. Criteria for Zone Creation The area within the Zone qualifies for a TIF because it suffers from economic stagnation, inadequate infrastructure, and deteriorating properties. Without intervention by the public sector, private market forces will not be sufficient to generate significant development and redevelopment. Some of the conditions, which exist in the Zone, that meet the criteria of the Tax Code of the State of Texas, Chapter 311, Section 005 include: • A substantial number of substandard, slum, deteriorated, or deteriorating structures; • The predominance of defective or inadequate sidewalk or street layout; • Unsanitary or unsafe conditions; • The deterioration of site or other improvements; and • Conditions that endanger life or property by fire or other cause. According to the language of Chapter 311, these conditions must "substantially arrest or impair the sound growth of the municipality or county creating the zone, retard the provision of housing accommodations, or constitute an economic or social liability and be a menace to the public health, safety, morals, or welfare in its present condition and use." Given the existing conditions in Corpus Christi, as outlined in the Market and Economic Study included in the Appendix to this plan, the feasibility for many types of desired development in Downtown is severely limited. The conditions outlined above will not be overcome or corrected without significant intervention and assistance from the public sector, therefore satisfying the general criteria for creation of the Zone. Vision for Downtown In recent years, considerable work has been undertaken to begin the process of improving and revitalizing Downtown Corpus Christi. The City has worked with a group of Downtown stakeholders to assess what the community desires Downtown to become. In 2006, after a series of 22 meetings, the City and the stakeholders developed the following vision statement: "Downtown Corpus Christi is a safe, clean, pedestrian friendly community comprised of a central business district, arts and culture, sports and entertainment areas. This unique vibrant waterfront community will provide local residents, tourists and families' opportunities to enjoy fine restaurants, shops and residential facilities." The proposed Zone can directly aid in the realization of this vision while addressing the deficiencies and challenges outlined above. CDS 1 Spillette 1 -308- TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas Anticipated Zone Role in Downtown Improvements The Market and Economic Study indicated the nature of the intervention and assistance needed to spur economic growth in different areas of the Zone. The current structure of Corpus Christi's economy, the aging of existing development, and inadequate public infrastructure and facilities together depress the viability of new development and redevelopment in Downtown. However, a small set of new residential projects and ideas for public improvements indicate that a reversal of fortune is possible. The primary function of the zone will be the planning, design, and construction of public improvements. The zone is expected to be one of a variety of planned funding sources and programs that will be acting in concert to accomplish a changed public environment in Downtown. By improving and enhancing streets, sidewalks, and public spaces, plus upgrading utilities, the zone and the other programs will encourage the development of new land uses and the redevelopment or rehabilitation of existing uses. The intended result is that Downtown will become a vibrant and economically vital urban waterfront district with a variety of residential, retail, and lodging uses, a strong office base, and popular public facilities. CDS ( Spillette 2 -309- TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas PROJECT PLAN Existing Uses and Conditions / Boundaries §311.011(b)(1) The Zone includes approximately 856 acres wholly within the City of Corpus Christi. Its boundaries encompass nearly all of the Downtown area. A very wide variety of land uses are present within the proposed TIF. The proposed boundaries and land uses within the Zone are shown in Exhibit A. The existing conditions within the Zone are shown in the aerial and ground photos in Exhibit B and described generally below. A legal description of the Zone with a specific accounting for the proposed boundaries is given in Exhibit C. A large area of publicly owned cultural and entertainment facilities comprises the north end of the zone ( "SEA- Town "). These facilities include: • Corpus Christi Museum of Science and Industry • Art Museum of South Texas • Whataburger Field (ballpark) • American Bank Center (convention center) • A cluster of historic houses Moving south, the zone transitions to a low density area of privately owned properties, including some vacant land, and the Federal Courthouse building. IH 37 ends in this area with on and off ramps coming to surface grade. South of IH 37, the zone splits into eastern and western portions. The area east of Broadway is lower in elevation and features a mix of mostly commercial land uses, including hotels, office, and retail. Many of the structures in this area are relatively old and some are underutilized, particularly on upper floors. Exhibit A - Zone Boundaries and Land Use 1 Tax Ineremem Finance District �o�oo 'top 4.4 4 ` v■ -4444 til'.. Wend c a, ws cw«:5 X4!1... 4: u: CDS 1 Spillette -310- 3 TIF 83 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas While several hotels and office buildings are located here, the most recent ones were built in the 1980s and have not had substantial renovation. The area is interspersed with surface parking lots and occasional vacant property. In several places, public spaces and sidewalks are in deteriorated condition. Broadway marks a topo- graphical change as the edge of a bluff, and the higher elevation area to the west of the street north of Lipan Street is characterized mainly by professional office uses, some in high -rise towers. Of Downtown's office properties, only the Frost Bank building west of Broadway and the Shoreline Plaza development along the Bayfront are considered Class "A" properties. Overall occupancy for the Downtown office market is around 80 percent, a relatively weak market. In neither the lower nor upper portions of Downtown west of the Bayfront, south of IH 37 and north of Lipan and John Sartain streets, has there been any new private construction of significance since the 1980s. Three older commercial properties are in the process of being rehabilitated and converted to residential use, two of which will have ground floor retail. Exhibit 8.1- Existing Conditions North Portion of Zone Exhibit B.2 - Existing Conditions North - Central Portion of Zone CDS I Spillette -311- 4 TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas South of Lipan and John Sartain streets, the environment transitions to lower density. While there are high rise buildings, including a hotel and residential towers, but vacant land and parking lots also become more prevalent, particularly east of Chaparral Street. This portion of the Bayfront also includes the Memorial Coliseum complex and other park land. At the south end of the district, older low density residential is common on the zone's western edge, some of which has been converted to professional office use. The southeastern corner of the zone includes the Holiday Inn 1 Emerald Beach hotel and Marina del Sol condominiums and abuts the Christus Spohn Shoreline hospital complex. The three T -heads along the Bayfront constitute a unique portion of the proposed TIF. While the underlying land is publicly owned, private improvements such as restaurants are also present. The recently completed market study for the zone indicated that while a low level of additional residential and retail development can be expected over the next ten years, retail viability for comparison goods and convenience retail will be limited due to the low population in Downtown. The study found that Exhibit 8.3 - Existing Conditions - South - Central Portion of Zone Exhibit B.4 - Existing Conditions South Portion of Zone CDS ( Spillette -312- 5 TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas additional improvements in Downtown, both of public and private nature, could accelerate the pace and scope of new private development. Some of these improvements, such as reconfiguring and upgrading streets, sidewalks, and public spaces, along with utility capacity improvements, are projects, which could receive assistance from the proposed TIF. The City of Corpus Christi has determined, at the time of the establishing the proposed boundaries of the Zone, that less than 10 percent of the overall Zone consists of residential uses. Total residential uses of all densities are estimated to constitute approximately 7.6 percent of total zone acreage net of water area and public rights of way. Exhibit C - Legal Description of the Zone BEGINNING AT A POINT on the center line of the Corpus Christi Ship Channel and commonly known as the Corpus Christi — Port Aransas Waterway at its intersection with the northerly extension of the West right -of -way line of Sam Rankin Street Thence Easterly along the centerline of the Corpus Christi — Port Aransas Waterway to its intersection with the northerly extension of a line parallel with the breakwater 50' feet on the east side for a point in the Corpus Christi Bay and the Northeast corner; Thence Southerly along said line, being 50 feet on the East side and parallel with the breakwater, following the meanders of the breakwater in the Corpus Christi Bay to its intersection with an "A -2" zoning line approximately 1,000 feet from the shoreline and parallel with the East right -of -way line of Shoreline Boulevard for a point in the Corpus Christi Bay; Thence Southwesterly along said "A -2" zoning line extending parallel and approximately 1,040 feet from the East right -of -way line of South Shoreline Boulevard to its intersection with a second "A -2" zoning line extending parallel and approximately 1,000 feet from an existing 18 foot seawall easement, inside the Marina Del Sol Boat Harbor, for a point in the Corpus Christi Bay; Thence Southeasterly along said line 200 feet more or less past its intersection with the easterly extension of the south most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision for a point in the Corpus Christi Bay and the Southeast corner; Thence Southwest along a line 200 feet more or less to the South and parallel with the extension of the south boundary of Lot 3, Block 1 of Marina Del Sol Subdivision to the Corpus Christi Bay Shoreline; Thence Northwest along the Corpus Christi Bay Shoreline to its intersection with the extension of the South most boundary of Lot 3, Block 1 of Marina Del Sol Subdivision; Thence Southwest along the South boundary of Lot 3, Block 1 of Marina Del Sol Subdivision, 540 feet more or less to the centerline of Ocean Drive for a point; Thence Northwest along the centerline of Ocean Drive to its intersection with the centerline of Morgan Avenue; Thence Southwest along the centerline of Morgan Avenue, to a point in the center line of Santa Fe Street for the Southwest corner; Thence Northwest along the centerline of Santa Fe Street to its intersection with the centerline of Hancock Street; Thence Southeast along the centerline of Hancock Street to its intersection with the centerline of South Tancahua Street; Thence Northerly along the centerline of South Tancahua Street, passing Furman, Coleman, Park, Agnes, and Laredo Street, to a point in the centerline where South Tancahua becomes North Tancahua, and continuing along North Tancahua, passing Kinney, Blucher, Comanche, Lipan, Leopard, Antelope and Buffalo Street and continuing past Ili 37 to its intersection with the centerline of Padre Street, for a point; Thence Northeast along the centerline of Padre Street to its intersection with the South right -of -way line of Broadway Street for a point; Thence along the South right-of-way line of Broadway Street to its intersection with the westerly extension of the South right- of -way line of Belden Street for a point; Thence Northeasterly along the South right-of-way line of Belden Street extension, to Its Intersection with the north right-of- way line of Broadway Street, for a point; CDS 1 Spillette 6 -313- TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas Thence Northwesterly along the North right -of -way line of Broadway Street to the Southeast property line of the City of Corpus Christi's Broadway Wastewater Treatment Plant; Thence Northeasterly along the City of Corpus Christi's Broadway Wastewater Treatment Plant Southwest property line to its intersection with the common South boundary line of Lots 1, Block 58 of the Beach Addition; Thence West along the West boundary line of Lot 1, Block 58 out of the Beach Addition, to its Southwest corner for a point; Thence Northwest along the common, West boundary tine of Lots 1 thru 6, Block 58, of the Beach Addition, to its intersection with the South right-of -way line of Resaca Street; Thence Northeast along the South right -of -way line of Resaca Street to its intersection with the centerline of Tancahua Street, for a point; Thence Northwest along the centerline of Tancahua Street to its Intersection with the centerline of Port Avenue, for a point; Thence Southwest along the centerline of Port Avenue, to its intersection with the West right -of -way line of Sam Rankin Street for an outside corner; Thence Northerly along the West right-of-way line of Sam Ranking Street to its intersection with the centerline of the Corpus Christi — Port Aransas Waterway center line in the Corpus Christi Ship Channel to the POINT OF BEGINNING. Excluded properties to meet state statute prohibiting Tax Increment Financing Districts from containing 10% or more of the area used for residential purposes. Beach Addition Block 55 Lots 10 thru 12 CDS Spillette 7 -314- TIF N3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas Municipal Ordinances §311.011(b)(2) The City is not contemplating any specific changes to municipal ordinances as part of any projects to be undertaken by the Zone. The TIF will help support improvements that further the objectives set forth in various recent planning initiatives of the City, in particular the South Central Area Development Plan, the Shoreline Boulevard Master Plan, and the priorities identified by the Downtown Action Group and Downtown Redevelopment Committee. In general, these initiatives focused on encouraging more and denser residential development, supporting retail and entertainment activity, and improving infrastructure and public spaces, most notably the Shoreline Boulevard realignment and the improvement of sidewalks throughout Downtown. City Planned Improvements (Non- Project Costs) §311.011(b)(3) It is expected that the City, Nueces County, TxDOT, and other public agencies will participate in the rehabilitation of existing and development of new public facilities and infrastructure within the Zone. In addition, nonprofit organizations and private developers may also contribute public facilities and infrastructure, and they may undertake efforts to remediate environmental and safety deficiencies on existing private properties. The City of Corpus Christi has identified about $48 million in projects planned for locations partly or wholly within the Zone intended to rehabilitate and improve existing public facilities and infrastructure. TIF funds may be used to assist these projects; however, the bulk of funding is anticipated to come from other sources. The table on the right lists some of these projects. City Planned Improvements (Non - Project Costs) Project Storm Water Projected Cost (millions) Downtown Drainage Improvements, Phase 3 520.10 Downtown Drainage Improvements, Phase 1 —Part B 50.10 Streets North Port Avenue (114 37 to US 181) $0.9 Downtown Redevelopment Participation 50.1 Bayfront Development Plan, Phase I $9.3 ADA Improvements $2.0 Water Support of Downtown Redevelopment Projects $1.5 Water Line Replacement Wastewater Infiltration / Inflow Related Collection System $12.5 Enhancement Program Support of Downtown Redevelopment Projects $1.5 Wastewater Line and Manhole Replacement Parks and Recreation Windsport Park Improvements 50.07 Total $47.9 Note: Amounts may not add perfectly due to rounding Relocation §311.011(b)(4) No relocation of existing residents is anticipated to be required as a result of the Zone's projects. CDS Spillette -315- 8 TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas REINVESTMENT ZONE FINANCING PLAN Estimated Project Cost Description §311.011(c)(1) and Kind, Number, and Location of TIRZ Improvements §311.011(c)(2) The Zone is anticipated to engage in projects that will support the types of development and economic activity projected in the Market and Economic Feasibility Study (Appendix A) as well as contribute to the image and attractiveness of Downtown Corpus Christi on a local, regional, and national level. In addition, the Zone will contribute funds to reimburse appropriate parties for the costs of Zone creation and ongoing administration. The categories of project costs, totaling an estimated $59,900,000 over the life of the Zone, include the following: PUBLIC IMPROVEMENTS, FACILITIES, AND INFRASTRUCTURE 1. Streetscape / sidewalks / crosswalks — Various components of the public pedestrian realm will be improved and enhanced in key locations where economic activity is limited due to deficiencies in this environment. Potential capital projects could include but are not limited to widened and rebuilt sidewalks, decorative paving, "street furniture" (benches, trash receptacles, kiosks, etc.), wayfinding (signs), enhanced crosswalks at intersections, and pedestrian- oriented lighting. 2. Parking — In key locations where parking is undersupplied or inadequately distributed, thus limiting economic activity and market appeal, the Zone can assist in providing public parking facilities such as on- street spaces or off - street lots and structures. Appropriate parking management infrastructure such as meters and occupancy monitoring systems may also be installed. 3. Roadways and traffic management —To facilitate a safe, efficient, and appealing driving experience within and through the Zone as a prerequisite to economic growth and new development, Zone funds may contribute to improvements in roadway infrastructure (repaving, repair, widening, redesign), traffic management infrastructure (signals, signs), and beautification (landscaping in medians, special lighting, etc.). The Shoreline Boulevard realignment would be an example of a project eligible for Zone funding. 4. Parks / public spaces / public facilities —As means to encourage additional activity, provide area identity and improve the quality of life within zone that is essential for economic growth, the Zone can contribute to the provision and enhancements of parks and public spaces. 5. Utilities and drainage - In locations where water, wastewater, electric, data, and / or drainage infrastructure is insufficient in size or too deteriorated in condition to allow new development, the Zone will assist in the provision of upgraded facilities. The Zone is anticipated to contribute the costs of planning, design, approvals, and obtaining right of way or easements that might be required, plus construction costs for some water and wastewater projects. 6. Land assembly —the Zone will consider purchasing properties that become available through willing sales offers in order to assemble land and improvements that can be either used for public facilities or sold to other public or private entities who will engage in development. (Note: as per state law, the Zone may not acquire properties through eminent domain unless those properties are to be used for publicfacilities.) 7. Environmental remediation / safety improvements — Many older vacant or underutilized buildings within the Zone are not economically feasible to reuse because they contain environmentally CDS 1 Spillette 9 -316- TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas undesirable or unsafe elements that present a public safety hazard. The Zone may provide assistance to property owners and developers who must remediate such environmental deficiencies in order to develop or redevelop. ADMINISTRATIVE COSTS 8. Creation — The Zone will reimburse relevant parties for expenses related to the costs of creating the Zone. 9. Administration — Zone funds will compensate for the costs of ongoing administration of the Zone, including but not limited to accounting, legal services, document production and maintenance, and other administrative costs. These costs are estimated at $50,000 per year for the 20 -year life of the Zone. The Project Costs are estimated as follows: Public improvements, facilities, and infrastructure $ 58,900,000 Administrative costs 1,000,000 TOTAL The various types of projects may be implemented in any location within the Zone where the Zone's Board of Directors determines that doing so will enable desired private development. It should be noted that certain areas are likely to be a particular focus for certain types of projects, however. As an example, Shoreline Boulevard could be a major focus of Zone spending on roadway improvements. Generally, it is anticipated that the Zone will contribute to improvements focused on an area considered the core of mixed -use, urban vitality in Downtown. This is where the community can most easily realize the Downtown stakeholders' Vision Statement (see Introduction) from a base of existing development. Exhibit D illustrates the location of this focus area, roughly bounded by Broadway, Twigg, and John Sartain streets and including a central section of Shoreline Boulevard. $ 59,900,000 Exhibit D — Focus Area for TIF -Aided Improvements Focus area for improvements CDS i Spillette 10 -317- TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas Economic Feasibility Study §311.011(c)(3) A Market and Economic Feasibility Study for the Zone was completed by CDS Market Research Spillette in August 2008. It is included in the Appendix to this Plan. Estimate of Bonded Indebtedness §311.011(c)(4) It is not initially anticipated that the Zone will issue bonded debt; instead the Zone's projects will be funded on a pay -as- you -go basis or utilize other financing methods. However, if the annual Zone revenue and available non - bonded debt financing are insufficient to address the needs of the Zone, the Zone may issue bonded debt commensurate with the specific project costs under consideration and anticipated annual Zone revenues to support debt service payments. Timing of Incurring Costs or Monetary Obligation §311.011(c)(5) Costs will be incurred over the life of the Zone based on its Board of Directors' identification of priority activities and projects, opportunities for implementation, and available revenues to sustain a pay -as- you-go project expenditure approach or a bonded debt issuance. Method of Financing and Sources of Revenue §311.011(c)(6) Methods of financing. The Zone will initially take a primarily pay -as- you -go approach to financing projects that could utilize the following methods: • Cash funds generated from existing property value increment, • Short term anticipation notes or other debt issued by private financial institutions based on projected property tax increment to be generated from taxable development under construction at the time of debt issuance, and • Developer cash reimbursement agreements where the revenues from the Zone's property tax increment compensate a developer for fronting eligible expenditures in a specific taxable project after the project is completed. If future Zone revenues to support debt service payments are anticipated, the Zone may also issue bonded debt, the term of which will not extend past the expected life of the Zone. CDS j Spillette 11 -318- TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas Sources of revenue. The primary source of revenue for the Zone will be funds from the contributed property tax collections of the City of Corpus Christi, Nueces County, and Del Mar College on the taxable property value increment within the Zone. It is currently projected that each of these entities will agree to participate in funding the Zone with 100% of the incremental property taxes collected over the life of the Zone. Based upon 2008 tax rates for each jurisdiction, the incremental property tax revenue contributed to the Zone is projected as follows: Sources of Revenue Tax Year 2009 Increment City Value ($( County Del Mar City Property Tax County Revenue ($)1 Del Mar Total 18,100,670 18,086,522 18,092,205 100,019 62,274 42,869 205,162 2010 31,644,360 71,495,640 73,547,177 174,857 246,169 174,267 595,293 2011 51,694,361 92,727,031 94,845,797 285,647 319,271 224,734 829,652 2012 57,345,862 99,595,364 101,783,376 316,876 342,920 241,172 900,967 2013 77,166,908 120,669,747 122,929,083 426,400 415,482 291,276 1,133,158 2014 108,326,418 140,376,361 145,459,161 598,578 483,334 344,660 1,426,573 2015 115,676,880 148,674,174 153,915,141 639,195 511,905 364,696 1,515,796 2016 192,763,478 189,720,921 195,124,800 1,065,151 653,234 462,341 2,180,727 2017 202,647,052 199,499,071 205,070,750 1,119,765 686,902 485,908 2,292,574 2018 240,327,134 237,070,565 242,815,077 1,327,973 816,265 575,341 2,719,580 2019 265,137,618 260,269,204 268,941,735 1,465,068 896,141 637,248 2,998,457 2020 342,192,416 337,163,802 346,102,192 1,890,849 1,160,899 820,077 3,871,826 2021 356,558,859 351,365,238 360,577,463 1,970,234 1,209,797 854,375 4,034,406 2022 371,356,295 365,992,717 375,486,992 2,052,000 1,260,161 889,703 4,201,864 2023 400,597,654 395,059,021 404,843,807 2,213,579 1,360,240 959,263 4,533,082 2024 430,216,253 422,997,313 435,831,327 2,377,242 1,456,436 1,032,686 4,866,364 2025 447,223,411 439,773,755 452,998,472 2,471,218 1,514,199 1,073,363 5,058,781 2026 464,740,783 457,053,489 470,680,631 2,568,014 1,573,695 1,115,261 5,256,970 2027 482,783,677 474,851,616 488,893,256 2,667,713 1,634,977 1,158,415 5,461,105 2028 515,367,857 507,183,686 521,652,258 2,847,763 1,746,300 1,236,036 5,830,100 TOTAL 28,578,143 18,350,603 12,983,691 59,912,437 1 Assumes 98% tax collection rate. These revenue projections assume a 98% tax collection rate for all three taxing jurisdictions. According to these projections, 47.7% of the tax increment revenues will come from the City, 30.6% will come from the County, and 21.7% will come from Del Mar College. CDS I Spillette 12 -319- TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas Zone property tax contributions from the participating tax jurisdictions could be supplemented with other sources of revenue as available. These could include but are not limited to: • Grants from other local, state, and federal agencies; • Grants from private entities such as foundations; and • Joint implementation and funding agreements with other public agencies or private entities such as civic associations for specific projects. Current Appraised Value §311.011(c)(7) According to the Nueces County Appraisal District, the current certified taxable appraised value for the base year of the Zone, 2008, is $136,689,000 for the City of Corpus Christi, $136,217,400 for Nueces County, and $136,406,842 for Del Mar College. Estimated Captured Appraised Value §311.011(c)(8) The table on the next page provides the projected schedule of taxable value increment captured by the Zone over its proposed 20 -year duration. Due to differences in policies regarding exemptions and tax abatements, the captured increment differs among the three jurisdictions. Therefore, there is a table shown for each entity. Captured value projections assume a 3.0% annual value appreciation rate for existing development. Duration of the Zone §311.011(c)(9) The proposed duration of the Zone is twenty years from the time of its creation. Assuming creation in 2008, the Zone would expire after 2028. CDS 1 Spillette 13 -320- TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas Estimated Captured Appraised Value Tax Year 2009 City of Corp s Christi ($) Nueces County ($) Del Mar College ($)' Value Increment Value Increment Value Increment 154,789,670 18,100,670 154,303,922 18,086,522 154,499,047 18,092,205 2010 168,333,360 31,644,360 207,713,040 71,495,640 209,954,019 73,547,177 2011 188,383,361 51,694,361 228,944,431 92,727,031 231,252,639 94,845,797 2012 194,034,862 57,345,862 235,812,764 99,595,364 238,190,218 101,783,376 2013 213,855,908 77,166,908 256,887,147 120,669,747 259,335,925 122,929,083 2014 245,015,418 108,326,418 276,593,761 140,376,361 281,866,003 145,459,161 2015 252,365,880 115,676,880 284,891,574 148,674,174 290,321,983 153,915,141 2016 329,452,478 192,763,478 325,938,321 189,720,921 331,531,642 195,124,800 2017 339,336,052 202,647,052 335,716,471 199,499,071 341,477,592 205,070,750 2018 377,016,134 240,327,134 373,287,965 237,070,565 379,221,919 242,815,077 2019 401,826,618 265,137,618 396,486,604 260,269,204 405,348,577 268,941,735 2020 478,881,416 342,192,416 473,381,202 337,163,802 482,509,034 346,102,192 2021 493,247,859 356,558,859 487,582,638 351,365,238 496,984,305 360,577,463 2022 508,045,295 371,356,295 502,210,117 365,992,717 511,893,834 375,486,992 2023 537,286,654 400,597,654 531,276,421 395,059,021 541,250,649 404,843,807 2024 566,905,253 430,216,253 559,214,713 422,997,313 572,238,169 435,831,327 2025 583,912,411 447,223,411 575,991,155 439,773,755 589,405,314 452,998,472 2026 601,429,783 464,740,783 593,270,889 457,053,489 607,087,473 470,680,631 2027 619,472,677 482,783,677 611,069,016 474,851,616 625,300,098 488,893,256 2028 652,056,857 515,367,857 643,401,086 507,183,686 658,059,100 521,652,258 1 Homestead exemptions applied to all owner-occupied residential; no over -65 or disabled exemptions applied. CDS Spillette -321- 14 TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas Appendices Appendix A — Market and Economic Feasibility Study (Under Separate Cover) CDS I Spillette 15 -322- TIF q3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas Appendix B — Projection of New Development and Taxable Assessed Value Annual appreciation rate previous assessed value: 3.00% Homestead exemptions applied to owner - occupied residential; no over -65 or disabled exemptions applied. CDS 1 Spillette -323- 16 thurp,m1 $ m denri,l- COC C V,due o- wel li J qi I- 'me,ee(0 Volu 0 or turned ft - I midi Delf.lar value Lithe Common-IA en,1 Ap,rtinenrs COCC Tax inbaleoienrr Roieried hiri 11a.,nle Val rbolon , 4babun entr • COCC nol i 1l Tux ll- -Value •Iller Abaiem enls- tort v,ol T uan. 1 Nc Vro,rri •el I, 1 T,e,nle Value -Del rel.n Development t p,ojeru 2008 136,689,000 136,689,000 136,217,400 136,406,842 2009 14,000,000 154,789,670 154,789,670 154,303,922 154,499,047 Bay Vista 2010 9,990,000 8,880,000 10,920,000 39,900,000 40,990,000 209,323,360 168,333,360 207,713,040 209,954,019 Metropolis (Lichtenstein), Atlantic Lofts, Nueces Bldg., Cotton Yard 2011 15,000,000 42,219,700 230,603,061 188,383,361. 228,944,431 231,252,639 Bay Vista II 2012 43,486,291 237,521,153 194,034,862 235,812,764 238,190,218 2013 14,000,000 44,790,880 258,646,787 213,855,908 256,887,147 259,335,925 150 -unit MF rental 2014 13,500,000 12,000,000 14,750,000 34,890,773 279,906,191 245,015,418 276,593,761 281,866,003 50 -unit condo 2015 35,937,496 288,303,377 252,365,880 284,891,574 290,321,983 2016 32,500,000 329,452,478 329,452,478 325,938,321 331,531,642 New full-service hotel 2017 339,336,052 339,336,052 335,716,471 341,477,592 2018 27,500,000 377,016,134 377,016,134 373,287,965 379,221,919150 -unit MF rental, limited service hotel 2019 13,500,000 12,000,000 14,750,000 401,826,618 401,826,618 396,486,604 405,348,577 50 -unit condo 2020 65,000,000 478,881,416 478,881,416 473,381,202 482,509,034 300,000 sq.ft. office bldg. w/ separate parking structure 2021 493,247,859 493,247,859 487,582,638 496,984,305 2022 508,045,295 508,045,295 502,210,117 511,893,834 2023 14,000,000 537,286,654 537,286,654 531,276,421 541,250,649 150-unit MF rental 2024 13,500,000 12,000,000 14,750,000 566,905,253 566,905,253 559,214,713 572,238,169 50 -unit condo 2025 583,912,411 583,912,411 575,991,155 589,405,314 2026 601,429,783 601,429,783 593,270,889 607,087,473 2027 619,472,677 619,472,677 611,069,016 625,300,098 2028 14,000,000 652,056,857 652,056,857 643,401,086 658,059,100 150 -unit MF rental Homestead exemptions applied to owner - occupied residential; no over -65 or disabled exemptions applied. CDS 1 Spillette -323- 16 TIF #3 - Preliminary Project Plan and Reinvestment Zone Financing Plan Corpus Christi, Texas CDS 1 Spillette 1250 Wood Branch Park Drive, Suite 100 Houston, TX 77079 281.582.0847 (Phone) 713.465.6975 (Fax) www.cdsmr.com CDS i Spillette 17 —324— MARKET AND ECONOMIC FEASIBILITY STUDY Tax Increment Finance District #3 CORPUS CHRISTI, TEXAS Prepared for: The City of Corpus Christi Economic Development Office P.O. Box 9277 Corpus Christi, Texas 78469 -9277 July, 2008 Prepared by: CDS SPILLETTE , Strategic Urban Consulting Alban —325— Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas TABLE OF CONTENTS TABLE OF CONTENTS TABLE OF EXHIBITS STUDY PURPOSE AND EXECUTIVE SUMMARY 1 Research Objectives 1 Economic / Demographic Trends 1 Overall Approach to Market - Oriented Recommendations 2 Market Analysis and Strategic Recommendations 2 ECONOMIC AND DEMOGRAPHIC CONTEXT 6 Regional Economic Trends 6 Employment trends 6 Corpus Christi Regional Economy 9 Demographic Trends 10 Regional Demographics 10 Regional Demographic Trends 11 City of Corpus Christi Demographics 12 Downtown Demographics 13 General Citywide and Downtown Development Activity 17 Single Family Building Permit Trends 17 Commercial Building Permit Trends 19 Major City / Regional Developments 20 Port 20 Military- Related Activities 21 Colleges 22 Airport 23 Retail lncentives 23 Implications for Downtown 23 Major initiatives Downtown (TIF and non -TIF) 25 Bayfront Master Plan 25 Other Infrastructure Improvements 26 Chaparral improvements 26 Memorial Coliseum 26 OFFICE MARKET 27 CDS ( Spillette —326— Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas Downtown and citywide existing inventory 27 Market conditions — Downtown and citywide 28 Outlook and Projections for Traditional Office Space Downtown 29 Medical Office in Downtown 30 HOTEL MARKET 31 Downtown and Citywide Existing / Planned / Proposed Inventory 31 Market Conditions — Citywide and Downtown 32 Tourism in Corpus Christi 32 Hotel Revenue Trends 32 Outlook and Projections — Downtown 35 RESIDENTIAL MARKET 37 Downtown and citywide existing / planned / proposed inventory 37 Market Conditions — Downtown and Citywide 41 Outlook and projections — Downtown 42 RETAIL MARKET 44 Retail Sales Trends 44 Downtown existing / planned / proposed inventory 45 Market Conditions — Downtown 47 Outlook and Projections — Downtown 48 CDS I Spillette -327- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas TABLE OF EXHIBITS Exhibit 1 — Corpus Christi MSA 6 Exhibit 2 — Corpus Christi MSA Employment Growth 6 Table 1- Corpus Christi MSA Employment Trends 7 Table 2 - 2007 Major Employers— Corpus Christi MSA 8 Exhibit 3 — Corpus Christi MSA Job Growth 9 Table 3 — County Population and Employment Forecasts 9 Table 4 — Corpus Christi MSA Demographic Overview 10 Exhibit 4 — Net Population Migration 11 Table 5 - Population and Age Trends — City of Corpus Christi Total 12 Table 6 — City Population and Employment Forecasts 12 Exhibit 5 — Proposed Downtown TIF District 13 Table 7 - Population and Age Trends — Proposed TIF 14 Table 8 - Household Characteristics 15 Table 9 - Household Size 15 Table 10 - Household Income Distribution 16 Exhibit 6— MSA Single - Family Building Permit Trends 17 Exhibit 7— City Single - Family Building Permit Trends 17 Table 11 — Residential Building Permit Trends 18 Exhibit 8— Commercial Building Permit Trends 19 Exhibit 9 — Port of Corpus Christi 20 Exhibit 10— Naval Station Ingleside 20 Table 12 — Summary of Military Operations in Corpus Christi 21 Exhibit 11— Enrollment -Texas A &M University Corpus Christi 22 Exhibit 12 —Texas A &M University— Corpus Christi Master Plan 22 Table 13— Corpus Christi International Airport Master Plan Components 23 Exhibit 13 — Land Use in the Proposed District 24 Exhibit 14— Bayfront Master Plan — Shoreline Drive Realignment 25 Table 14— Infrastructure Improvements in Downtown 200 -2008 26 Table 15 —2007 Office Space (Non - Medical) within Proposed TIF Zone 27 Table 16 — Hotels in Proposed TIF 31 Table 17 - Hotel Room Revenue Trends 33 Table 18 — Corpus Christi Roomnights Sold 34 Table 19 — Corpus Christi Hotel Performance 34 CDS Spillette -328- Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas Table 20 — Hotels in Proposed TIF — Rack Rates 35 Table 21— Housing Characteristics, 2007 37 Table 22— Existing Multi - Family Rental Properties in Proposed TIF 38 Table 23— Existing Multi - Family Condominium Properties in Proposed TIF 39 Table 24 - Under Construction and Planned Multi - Family Residential Rental 40 Exhibit 15 — Downtown Corpus Christi Zip Codes 44 Exhibit 16 — Retail Sales Comparison —TIF vs. City 44 Table 25 — Gross Retail Sales in Downtown Zips and City 45 Table 26 — Retail Sales in Downtown Zips 45 CDS 1 Spillette iv -329- Market Study and Growth Management Plan Pryor, Oklahoma STUDY PURPOSE AND EXECUTIVE SUMMARY Research Objectives The City of Corpus Christi, in cooperation with the Downtown community, is seeking to create a Tax Increment Financing (TIF) zone over most of the Downtown area. This market study, required by Chapter 311 of the State of Texas Tax Code, assesses the short and long term potential demand for the various private, taxable land uses relevant to Downtown: office, hotel, residential, and retail. The key output for each land use assessment is a projection of supportable space absorption or new development. Consideration is given for public improvements that could potentially be funded through the proposed TIF and how those improvements could impact demand for each land use. The Project Plan and Reinvestment Zone Financing Plan will incorporate the findings of this market study as input into projections of added taxable property value. Economic / Demographic Trends Corpus Christi is characterized by a slow - growth economy centered on the Port of Corpus Christi, petrochemical refining, military support services, independent oil and gas companies, and tourism. The City also plays an important role as a regional center for education, health services, and government. 1. Total nonfarm employment has shown growth of about 1 percent annually over the last ten years. This moderate rate of growth is expected to continue as Port- related trade expands. Strength in oil and gas will continue as prices for those commodities are expected to remain high, but alternative energy research (particularly wind) may become an increasingly significant presence in the local economy. The future of military- related activities is uncertain, since the Navy's Ingleside facility is slated to close and other activities may vary depending on global military activity. 2. The population of the City and region has also shown modest growth in recent years. There has been little domestic migration into the area. The MSA has an estimated current population of approximately 417,000, of which the City of Corpus Christi accounts for just under 300,000. The population is projected to grow by just over 1 percent annually for the next several decades. Within the proposed TIF, there is very little residential population — less than 1,400 persons. 3. The population of the City is gradually getting older, but the proposed TIF population is already substantially older with an estimated median age of nearly 50 years. The TIF also has a much smaller average household size than the City overall and has a larger proportion of lower income households. Median and average incomes are declining on an inflation- adjusted basis for households in both the TIF and the City. 4. After strong increases since the early part of the decade, residential building permit activity in Corpus Christi had a recent peak in 2005, with available data indicating a decline by 2007. Commercial permitting activity continued strong through 2006, though data indicated that 2007 may have also been the start of a slowdown. 5. Texas A &M — Corpus Christi is increasing its enrollment, now at approximately 8,600 students. Each year a greater proportion of its students are from outside the Corpus Christi area. CDS 1 Spillette —330— Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas 6. Other economic expansion at the Port of Corpus Christi and Corpus Christi International Airport are expected to have a positive effect on Downtown's economy. 7. Some major improvement efforts are already underway in Downtown. The Shoreline Boulevard realignment, other infrastructure improvements, the redesign of Chaparral Street, and potential reuse or redevelopment of the Memorial Coliseum could each have a significant impact on the market dynamics of Downtown. Overall Approach to Market - Oriented Recommendations CDS 1 Spillette examined the four principal land uses in the context of the overall economic and demographic trends in the Corpus Christi area. CDS 1 Spillette staff traveled to Downtown Corpus Christi to personally examine the setting and conditions in Downtown. Real estate industry professionals, business owners, and public sector officials were interviewed, data on existing inventory and market performance (to the extent available) was collected and reviewed, and professional judgment was applied to arrive at projections within the proposed TIF. The projections represent the amount of additional space of development in Downtown that CDS 1 Spillette would find supportable under projected market conditions. It is entirely possible that developers could choose to proceed with projects that exceed the levels of projected supportable activity. Also, other factors such as increasing construction costs can render unfeasible development projects that would otherwise be attractive under current assumptions. Market Analysis and Strategic Recommendations The following summarizes the findings and projections of CDS 1 Spillette for each of the studied land uses. This information is presented in greater detail in Sections 3 through 6. Overall 1. Despite the slow - growth nature of the Corpus Christi regional economy that may seem to.lack major drivers for Downtown land use change, CDS 1 Spillette found significant opportunity in Downtown for new development. The unique Bayfront setting, coupled with an ample number of well - located vacant and underdeveloped sites, offers tremendous potential for evolving into an appealing urban waterside district. The affordable land prices relative to other coastal locations in the United States make Corpus Christi a hidden jewel in the national development landscape. Continued strong growth of other urban regions in Texas, especially San Antonio, will help provide a customer base and market awareness that will provide economic support for change in the future. 2. Potential public improvements in Downtown, which the proposed TIF could assist in funding, will have a positive effect on encouraging new Downtown growth. Creating public spaces and streets that emphasize a walkable urban neighborhood that capitalizes on its scenic Bayfront location and enables denser development would help spark residential, retail, and hotel development. Such projects as the Shoreline Drive relocation, Chaparral Street redesign, and utility upgrades could have a transformative effect. CDS 1 Spillette 2 -331- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Office 1. Downtown Corpus Christi is the region's major office center. However, only two properties are considered Class A quality. The higher quality buildings generally have higher occupancy rates than the other buildings. Occupancy rates are estimated to be roughly 20 percent overall. As regional and local corporate headquarters have left the City, there is not currently an economic driver for traditional office space demand in Corpus Christi that would remove the excess unoccupied space. As a result, it is a "tenants' market" with good values to be had in quality buildings, especially when compared with other Texas cities. 2. CDS I Spillette projects that no new office space will be added for the next ten years. In better quality buildings, vacant space will slowly be absorbed. After ten years, a Class A building of about 300,000 square feet may be warranted. 3. Medical - related buildings are common at the south end of Downtown near the Christus Spohn Shoreline Hospital complex. However, new buildings are not financially feasible because construction costs cause rents to be required that prospective tenants (doctors) are not presently willing to pay. A medical office building recently built by Christus has been open for a year but has not been able to attract any tenants due to low lease rates in older buildings. CDS 1 Spillette is not projecting any new medical offices within the TIF. Hotel Market 1. Downtown has about 1,800 of the City's roughly 8,500 hotel rooms. Most hotel properties in Downtown are aging and have not been renovated. The large Omni properties, built in the 1980s, are the highest quality properties and charge the highest rack rates except for a very small boutique hotel opened in 2007. 2. While leisure travelers dominate travel to Corpus Christi overall, Downtown hotels tend to be more dependent upon business travelers. Average occupancy is higher for Downtown, where it is close to 65 percent, than for the City as a whole. However, total room revenue at Downtown hotels has been stagnant or dropped on an inflation- adjusted basis over the last several years. A significant amount of business travel in Downtown hotels is generated by government, which pays a relatively low daily rate. 3. Travel demand to Corpus Christi has been stagnant or slow - growth. In Downtown specifically, a lack of activities, shopping, and dining for visitors has reduced its appeal to leisure travelers. However, there is a more positive outlook for hotel development. Growth in San Antonio and other Texas cities will increase tourism to Corpus over time. If residential and retail development occurs in Downtown, its appeal as a leisure destination will also increase. Proposed amusement projects could have a transformative effect on Downtown's visitor appeal. 4. CDS 1 Spillette projects that new hotel development in the proposed TIF is six to eight years away (2014 — 2016). At that time, a first- class, full service hotel property of 200 to 300 rooms could be supportable, coming on line within a year or two afterward. In eight to ten years (2016 — 2018), a limited- service property would be supportable. The timing of these projections could be accelerated if residential, retail, and amusement facilities are developed in Downtown. CDS 1 Spillette 3 -332- Market and Economic Feasibility Study — Tax Increment District tt3 Corpus Christi, Texas Residential Market 1. The character of housing in the proposed TIF differs substantially from that of the City as a whole. Downtown residential stock is mostly in multifamily structures, more renter - oriented, and on average considerably older. The most recently built residential structures that are now occupied built in the 1960s or earlier. Rental apartments in the proposed TIF tally 534 units and condominium towers contain 42. 2. Substantial change is coming to Downtown's residential market. Four projects, three of which are rental apartments and the other for -sale condominiums, will add an estimated 336 units. Three projects are rehabilitations and reuse of older buildings while one, Bay Vista, is entirely new development. 3. Existing Downtown residential properties have high occupancy despite being older properties with higher than average rents per square foot. The units are smaller than average for Corpus Christi so unit rents are comparatively affordable. The new rental projects will be asking lease rates that are near the top of market for the City. Only one project, Bay Vista, is currently preleasing. The target renter market for these projects is young childless professionals working Downtown or in the medical district. 4. At the condominium project, Atlantic Lofts, unit prices are well above average for Corpus Christi homes, but ten of the 36 units have been pre -sold. The target market for this project is the older household with no children ( "empty nesters "). The developer believes that longtime Corpus Christi residents are unlikely to buy into the project; more demand will come from residents or retirees who have recently moved to the area. 5. There are several positive factors for Downtown housing demand over the coming years. The steady if slow population growth, tendency toward smaller households, relative affordability of Corpus Christi, unique waterfront setting, and other factors will help to provide a base level of demand. Public improvements such as the Shoreline Boulevard relocation and sanitary sewer capacity increases could help to add further increments to demand, as could additional retail and entertainment options. 6. Due to a lack of absorption record stemming from a lack of residential development until the present time, projecting supportable residential demand in Downtown is difficult. Existing projects will require time to be absorbed in the market. Beyond this, CDS I Spillette projects the following: • One 150 -unit multifamily rental complex opening every five years from 2012 onward, with rents in the $1.25 to $1.50 per square foot range depending on location and views. • One 50 -unit condominium property opening in 2013 and every five years thereafter, with average unit prices of $300,000. 7. Improvements to public spaces (via Shoreline Boulevard and Chaparral Street redesigns) and the broadening of retail offerings could accelerate this schedule. Retail Market 1. In contrast to relatively flat growth in retail sales citywide, retail sales in Downtown have been growing this decade. Restaurants and bars (46 establishments) make up a much larger share of CDS) Spillette 4 -333- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas sales Downtown than in the City overall. Convenience and soft goods establishments are relatively lacking at the present time. Those soft goods stores that are present tend to be speciality goods - focused and somewhat of a destination in their own right, being less dependent on the traffic drawn from surrounding stores as would be the case in a typical retail center. 2. To CDS 1 Spillette's knowledge, no significant new retail space has been constructed Downtown in many years. The Metropolis Lofts project will add renovated ground floor retail space by 2009, as will the Nueces Lofts. Both are in the Chaparral corridor, the principal retail and entertainment area in Downtown, anchored by the Water Street complex. 3. Most usable retail space in Downtown appears to be occupied at present. The space in the Metropolis Lofts has been mostly pre - leased at rates well above current market rates in Downtown, a positive sign. 4. Tourists / visitors are a vital market base for many Downtown establishments. At many businesses they make up an estimated half of customers. 5. The concentration of restaurants and nightclubs has led to parking and traffic difficulties on weekend nights. Chaparral Street closes at those times to car traffic. There is interest in developing public parking facilities in this part of Downtown to support retail uses. 6. The outlook for Downtown retail demand is difficult to assess as it is driven by multiple factors that cannot be formulated. The increasing residential population will not be able to support a substantial local neighborhood retail base on its own, though a few convenience uses may emerge. Instead, the focus is likely to continue to be restaurants and entertainment with some unique "destination" specialty goods stores added to the mix. There is likely to be considerable turnover in businesses due to the high -risk nature of these types of retail. 7. CDS 1 Spillette projects that over the near to middle term (up to seven years out) that Downtown could have average annual supportable absorption of 12,000 square feet, about half of which will be dining and entertainment uses. The current retail core area along Chaparral and nearby streets in the central part of Downtown will continue to be the preferred location for new establishments. In the long term, after more new residential and hotels open, absorption could increase to 20,000 square feet per year. 8. Supportable absorption could be accelerated by several factors: • Improving Chaparral Street by instituting two - directional traffic and improving sidewalks; • Creating destination public spaces along a relocated Shoreline Boulevard; • Adding public parking facilities; and • Adding a destination attraction, such as an amusement park or waterpark, within walking distance of the core retail area. CDS j Spillette 5 -334- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas ECONOMIC AND DEMOGRAPHIC CONTEXT Regional Economic Trends The Corpus Christi Metropolitan Statistical Area (MSA) includes Aransas, Nueces and San Patricio Counties, illustrated in the map on the right. The city of Corpus Christi is the economic center of the MSA and the larger region served by the Coast Bend Council of Governments. The region currently has a population of 416,000 and an employment of 176,000. Employment trends The employment growth of the region has been positive with a compound annual growth rate of slightly over 1.0% since 1997, roughly approximating the U.S. employment growth. The Table on the following page illustrates the employment by selected economic sectors from 2000 to 2007. From an economic base standpoint, the strongest sectors are mining and construction. Other significant growth is occurring in the sectors, "educational and health services" and 'leisure and hospitality" which accounted for 61% of the growth from 2000 to 2007. The sectors in the Corpus Christi MSA that have seen little job growth are manufacturing (due partly in technological advances) and financial services. Exhibit 1— Corpus Christi MSA Percent Employment Growth Exhibit 2 — Corpus Christi MSA Employment Growth 2.5% - 2.0% 1.5% 1.0% 0.5% 0.0% -0.5% - • • • .• • • •• •• - 180,000 - 175,000 170,000 165,000 160,000 155,000 150,000 ' •' 1 n mmS N N m 0h 0 e1 e Ln el el -1 N N N N N tp 1� N Source: Texas Workforce Commission, Texas A &M Real Estate Center c d E 0 Q. E W CDS Spillette 6 -335- Market and Economic Feasibility Study - Tax Increment District #3 Corpus Christi, Texas Table 1- Corpus Christi MSA Employment Trends NAICS Industry Total Nonfarm Employment - Annual 2000 164,900 Average 2005 170,000 Employment 2006 ' 173,500 2007 - 176,000 Change 2005 - 2007 ,:.6,000 2000- 2005 : 5,100 Total Private 133,300 137,600 140,800 143,400 4,300 °r. 5,800 Goods Producing 28,700 28,200 30,200 - 31,300 - 500 _:' -3,100 Mining and Construction 15,700. 17,600 - 19,000 20,200 : 1,900 2,600 Construction of Buildings 6,200 5,500 5,900 - 6,400 -700 900 . Manufacturing 13,100 10,600. 11,200 .'11,000 -2,500 :'400 Service Providing 136,100 141,800 143,200 : 144,700 .' 5,700 - 2,900 -- Private Service Providing 104,600 109,400 110,500 112,200 -_ 4,800 2,800 Trade, Transportation, and Utilities 29,900 30,500 - 30,800 31,700 600 1,200 Wholesale Trade. - ,5,100 5,300 - 5,300 - - -- 5,600 -s 200 300 - Retail Trade .19,300 • 20,100. 20,200 20,700 :' 800 600 General Merchandise Stores , 4,100 4,300 4,100 4,100 200 -200 Transportation, Warehousing, and Utilities - 5,400 5,100 5,300 - -. 5,400 ?- -300 300 " Information - 3,200 2,600 2,600 ', 2,500 :: -600 -100 ' Financial Activities 7,700 • 7,700 7,900 -- 8,100 0 -400 - - Finance and Insurance 4,700. 4,700 4,700 4,800 0 `100 Professional and Business Services 16,300 16,200 16,600 - 16,200 -100 .0. ' Admin /Support/Waste Mgmt & Remed Svcs 10,600 9,900 10,000 9,400 -700 . ":_ -500 Educational and Health Services 22,900 26,100. 25,800 26,500 3,200 400 -.; Hospitals 7,200 8,000 7,400 `r 7,500 800 -500 Leisure and Hospitality 17,700 19,800 - 20,500 20,900 =2,100 -, 1,100 Other Services - 6,900 6,400 6,400 .- 6,300 -500 -100 Government >. 31,600 . 32,400 32,700 > 32,600 - 800 -L 200 __- Federal Government - - 5,800 - -6,200 - ' 6,500 6,500 ' 400 ;' -.300 State Government 4,400 4,500 4,600 -'.' 4,600 = 100 ' -. 100 - Local Government . 21,400 , 21,600 21,700 21,500 200 -: -100 Source: Texas Workforce Commission, 2008. CDS 1 Spillette -336- 7 Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas The table on the right lists the major employers in the Corpus Christi MSA. The major employers in the region are disproportionately represented by government agencies (local and military) and health care institutions. The scheduled closing of the Naval Station Ingleside will adversely impact the regional economy but will not likely be devastating. According to the 2005 Report' on the announced closings, direct job losses in the three facilities will total 3,154 and the indirect job loss of 3,879 for a total of 7,033 jobs lost (4% of regional employment). There is some concern over the future of the Corpus Christi Army Depot helicopter repair center when the US involvement in Iraq and Afghanistan is reduced. The impact is unknown at this time. Table 2 - 2007 Major Employers — Corpus Christi MSA Employer CHRISTUS Spohn. Health System Type of Product - Service Hospital Civilian Employment 5,400 Corpus Christi ISD School District 5,178 H.E.B. Grocery Company 5,000 Corpus Christi Army Depot Helicopter Repair 4,876 City of Corpus Christi City Government 3,171 Bay, Ltd. Industrial Construction 2,100 Naval Air Station- Corpus Christi Flight Training 1,630 Der Mar College Junior College 1,542 Driscoll Children's Hospital Hospital 1,500 Corpus Christi Medical Center ; Hospital ° 1,300 First Data Corporation - Teleservices ' 1,200 Whataburger - Corporate Offices -' "1,115-- - Susser Holdings Corporation f Convenience Stores 1,100 Nueces County ' .. - County Government 1,034 Texas A &M Corpus Christi Four -year University - 991 �. Flint Hills Resources -: - Crude Oil Refining 920 Kiewit Offshore Services - Offshore Rig Manu. 900 Corpus Christi State School Special -needs Facility 850 Valero Refining Crude Oil Refining 824 Sherwin Alumina Alumina ; =.800 Sam Kane Beef Processors Beef Processing - 800 Source: Corpus Christi Regional Economic Development Corporation Regional Profile, January 2008 1 Report of the Impact of the 2005 Base Realignment and Closure Committee Recommendations for Naval Station Ingleside, Naval Station Corpus Christi and Corpus Christi Army Depot, prepared by Impact Data Source, December 2005 CDS Spillette -337- 8 Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Corpus Christi Regional Economy The Corpus Christi regional economy has two strong underpinnings: 1) a strong industrial base and 2) a healthy tourism industry. According to a recent report from the San Antonio office of the Federal Reserve2, the Corpus Christi economy has grown consistently, tracking the U.S. economy since 1987 (See chart at the right). Oil prices have been a key driver of the regional economy in the past but the recent oil price spike has not been felt in Corpus Christi. Future economic growth in the Corpus Christi region is expected to less dependent on the oil and gas sectors and be generated by: • the expansion of trade through the port, • becoming a center for alternative energy sources (stimulated by the wind energy research activities being proposed for the area), • tourism, and • a burgeoning retirement community. Exhibit 3 — Corpus Christi MSA Job Growth Compared with Texas and the U.S. Graphic From: VISTA, South Texas Economic Trends and Issues, Corpus Christi: An Economy in Transition, Federal Reserve Band of Dallas, San Antonio Branch, Winter 2007/2008 Population and Employment Forecasts The table on the right illustrates the population and employment forecasts produced by the agency responsible for transportation planning in the region. Aransas County is not included because it is not in the MPO's planning area. The key result is that local planners are expecting long -term moderate growth in the region consistent with recent trends in the 1.0% to 1.2% range. Table 3 — County Population and Employment Forecasts e iw - CAGR* NuecesCoun 325745 443722 - 117977 , San Patricio Coun 83 821 -- �y" R I�ri61rp1i.A M. pnr Total W Via° `" 1.09% Total Em• to ment Nueces Coun _ 231844 �, ; 18 204 �f ` -.7413 -. ;1.22% Total 178 067 257 461 79394 1.27% � o,.Qommkeroo , ___ ,- sou Re Et ,Butea&¢ '66aet;TeatiC -- Graphic From: VISTA, South Texas Economic Trends and Issues, Corpus Christi: An Economy in Transition, Federal Reserve Band of Dallas, San Antonio Branch, Winter 2007/2008 Population and Employment Forecasts The table on the right illustrates the population and employment forecasts produced by the agency responsible for transportation planning in the region. Aransas County is not included because it is not in the MPO's planning area. The key result is that local planners are expecting long -term moderate growth in the region consistent with recent trends in the 1.0% to 1.2% range. Table 3 — County Population and Employment Forecasts • CAGR = Compound Annual Growth Rate Source: Corpus Christi Metropolitan Planning Organization 2 VISTA, South Texas Economic Trends and Issues, Corpus Christi: An Economy in Transition, Federal Reserve Band of Dallas, San Antonio Branch, Wnter 2007/2008 CDS 1 Spillette -338- 9 2006 Po • ulatlon 2035 Change CAGR* NuecesCoun 325745 443722 - 117977 1.07% San Patricio Coun 83 821 117 856 = 34 035 - 1.17% Total ' 409 566 561578 . -152 012 `" 1.09% Total Em• to ment Nueces Coun 159 863 231844 `71981 1.29% San Patricio Coun 18 204 25617 ` -.7413 -. ;1.22% Total 178 067 257 461 79394 1.27% • CAGR = Compound Annual Growth Rate Source: Corpus Christi Metropolitan Planning Organization 2 VISTA, South Texas Economic Trends and Issues, Corpus Christi: An Economy in Transition, Federal Reserve Band of Dallas, San Antonio Branch, Wnter 2007/2008 CDS 1 Spillette -338- 9 Market and Economic Feasibility Study -Tax Increment District #3 Corpus Christi, Texas Demographic Trends Regional Demographics The table below illustrates some recent demographic trends for the Corpus Christi MSA. Demographic data in this report is from PCensus for Mapinfo, which is a reseller of Claritas, Inc. demographic data. According to PCensus estimates, over the past 7 years since the 2000 census, the region has added 15,178 persons (3.3 %) and 8,041 households. The PCensus 2007 population estimate is reasonably close to the U.S. Census estimate for July 2007 of 414,376. Table 4- Corpus Christi MSA Demographic Overview Characteristic Population 2000 Census Number 403280 2007 Estimate Number % 2012 Pro'ection %p % Number 416,458 424,585 Population by Age Age 17 and under : 115,341 28.6% 113,270 27,2 % 111,882 26.4% Age 18 and over ' " 287 939 7t.4% _303188 72.8% 312,703 73.7% Age 65 and over `; 46,481 11.5% 50,522 ' 121% 55,946 13.2% Median Age 33.6 347 35.1 Population by Ethnicity and Race 58.0% Hispanic or Latino 212,703 52.7% 231,670 55.6% :246,396 White (Not Hispanic) 165,523 41.0% ?'160,246 38.5% 154279 36.3% Black or African American (Not Hispanic) 14,788 : 17% 11794 = 3.3% 12,848 3.0% Native (Not Hispanic) " 1,270 '0.3% 1,376 0.3% 1,449 0.3% Asian (Not Hispanic) . 4,461 1.1% 4,894 1.2% 5,213 1.2% Pacific Islander(Not Hispanic) 201 - 0.0% 338 0.1% 455 0.1% Other or Multiple Race 4,334 1.1% 4,140 1.0% 3,945 0.9% Households by Household Income 141,530 149,571 -- 153,955 Less than $15,000 29,193 20.6% !25,186 16.8% 23,269 15.1% $15,000 to $24,999 21,252 .15.0% 19,303 12.9% 18,032 11.7% $25,000to$34,999 19,508 13.8% '..' 18411 `.12.3% - 17,469. 11.4% $35,000 to $49,999 23,703 16.8% 23,553 15.8% 23,197 15.1% 550,000 to $74,999 24,997 17.7% . 28,262 18.9% - 28,933 18.8% $75,000 to $99,999 12,134 8.6% 13433 - 10.3% 17,153 11.1% $100,000 to $149,999 6,970 ' 4.9% ' 13,321 : 8.9% 17,261 11.2% $150,000to$249,999 2635 1.9% 3,997 2.7% 5,871 3.8% $250,000to$499,999 836 0.6% 1,513 1.0% 1,873 1.2% $500,000 or more ` 302 0.2% 592 0.4% 897 0.6% Median Household Income $35,514 $42,569 $46,774 Source: PCensus for Mapinfo, Tetrad Computer App ications, 2008 CDS ( Spillette -339- 10 Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas Regional Demographic Trends According to the previously cited report from the Federal Reserve, the Corpus Christi region's recent population trends have been somewhat weak. One such measure of population growth is the net population migration. A region can have positive population growth because of a net number of births over deaths yet still have a net out - migration of people from the community. This appears to be the case for the Corpus Christi region in the last decade. Generally, if area businesses are prosperous and creating Graphic From: VISTA, South Texas Economic Trends and Issues, Corpus Christi: An new jobs, the region will have Economy In Transition, Federal Reserve Band of Dallas, San Antonio Branch, net immigration. According to Winter 2007 /2008 the Fed report, "Corpus Christi experienced positive net domestic migration through 1997, but it fell to negative in 1998, where it remained through 2003. Net domestic migration became positive again in 2004 and 2005, but just slightly. International immigration increased somewhat in the 1990s, but it too has experienced a general downward trend in the 2000s. Net internal growth has also slowed since the 1980s, with births decreasing and deaths increasing. Overall population growth and, in particular, net migration show that Corpus Christi has grown sluggishly over the past two decades." Exhibit 4 — Net Population Migration Corpus Christi MSA CDS 1 Spillette 11 -340- SY _{ gaud _ gyp%, aee�' tRta i+tIKII- a o'a .+ f�er�ne 4 z - wbi: i N6[E NNSbrt h wo smEsaxs . rs CDS 1 Spillette 11 -340- Market and Economic Feasibility Study - Tax Increment District k3 Corpus Christi, Texas City of Corpus Christi Demographics The City of Corpus Christi has, within the municipal boundaries, over two - thirds of the residents of the region with a current estimated population of 284,324. Like the region, the City's growth over the past seven years has been modest (6,870 added, 2.5 %). The table below illustrates the historical and expected future population by age group. The population of the City is getting slightly older with most of the change occurring in the 35 -44 year old group. Table S - Population and Age Trends - City of Corpus Christi Total Age Group Total Population 2000 Census Number 277,454 Share 2007 Estimate Share 2012 Estimate Number 288,047 Share . Charge 2000- 2007 Number 284,324 2007 - 2012 • 6,870 3,823 - :`Age 0to4 ` : - x21,544 7.8% .,:21,789 - 7.7% 21,673 7.5% 245 (116) Age 5 to 9 21,592 .`7.8% 21,293 7.5% ::21,262 7.4% (299) (31) Age 10 to 14 ; : 21,487 7.7% 21,100 "7.4% 20,800 7.2% (387) (300) - -:: Age 15 to 17 =.:: .',13,439 4.8% 12,597 4.4% 12,127 4.2% (842) (470) -1. Age 18 to 20 '. `13,329 4.8% 12,999 4.6% 12,707 4.4% -> (330) (292) Age 21 to 24 16,058 5.8% 17,154 _ 6.0% 16,340 5.7% = 1,096 (814) Age 25 to 34 37,792 13.6% 37,489 13.2% 39,495 13.7% (303) 2,006 s Age 35 to 44 `` 43,275 -15.6% - ,37,599 13.2% - 34,846 '. 12.1% -- '(5,676) (2,753) '? Age 45to49 :% 119,928 72% 20,943 7.4% ;19,124 6.6% 1,015 (1,819) Age 50 to 54 ': - 16,657 6.0% 19,572 :: 6.9% 19,951 E9% - 2,915 379 ?Age 55t059 ", 12,024 4.3 %. 16,689 15.9% 18,379 6.4% '.4,665 1,690 Age 60 to 64 :: "'9,527 3.4% 12,418 4.4% 15,516 5.4% -! 2,891 3,098 'Age 65 to 74 : `. :'.16,944 6.1% 7: 16,894 3.9% ` 19,253 6.7% (50) 2,359 Age 75to84' : : '- 10,533 3.8% 11,804 ` :4.2% - .'11,628 4.0% - :1,271 -- -(176) Age.85 and over ?:3,325 1.2 %. -' ::3,984 ' 1.4% 4,946 1.7% - 659 962 Age 16 and over 208,504 75.1% 216,036 76.0% 220,361 76.5% 7,532 4,325 • -:Age 18 and over - 199,392 - 71.9% 207,545 73.0% - 212,185 73.7% 8,153 - -4,640 -:Age 21 and over 186,063 67.1% 194,546 68.4% 69.3% 8,483 4,932 :Age 65 and over 30,802 11.1% `:- 32,682 11.5% !:35,827 12.4% 1,880 3,145 Median Age 33.2 :: -. ', -34.4 - 34.9 ` +1.2 +1.7 Average Age i 34.7 35.9 36.7 +1.2 +0.8 Source PCensus for Mapinfo, Tetrad Computer Applications, 2008 Population and Employment Forecasts for City of Corpus Christi The table at the right shows the forecast of population and employment provided by the MPO. These forecasts demon - strate long term growth rates consistent with past trends. Table 6 - City Population and Employment Forecasts Po.ulation Total Em lo ment 2006 2035 Change CAGR* 294 075 156 632 399 328 223 715 105 253 67 083 CAGR = Compound Annual Growth Rate Source: Corpus Christi Metropolitan Planning Organization 1.05% 1.24% CDS 1 Spillette -341- 12 Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Downtown Demographics In the 2000 Census, only 1,389 persons were enumerated in area designated for the downtown TIF District shown below. According to the PCensus estimates, that number has declined to 1,324 in 2007. Exhibit 5 — Proposed Downtown TIF District CDS t Spillette -342- 13 Market and Economic Feasibility Study -Tax Increment District #3 Corpus Christi, Texas The persons living in the downtown TIF are substantially older than the residents of the City are and the region with almost 29% of the population over the age of 65 compared with approximately 11% in the City and the region. As is the case with most downtowns, there are fewer children under the age of 18 (12 %) when compared to the City and region (27 %). Table 7 - Population and Age Trends - Proposed TIF Age Group Total Population 2000 Number ..1,389 Census Share - 2007 Estimate Number 1,324 Share -- 2012 Estimate Number - 1,234 Share Change 2007 - 2012 (90) 2000- 2007 _: (75) Age 0to4 55.. - 4.0% -. ,.52 _.,.3.9% 47 -3.8% (3) -`.(5) Age 5 to 9 39 2.8% 53 - -,: 4.0% 50 ". 4.1% - - 14 (3) Age 10 to 14 - '.39 -' 2.896 48 -:' 3.6% -48 - 3.9% Age 15 to 17 - -.: 27. -1.996 20 ' - 1.5% 23 r - . --1.9% (7) '.,Age 18to20: • -.40 2.9% -'31 23% -: X29 2396 -'- (9) ,- -(2) Age 21to24`. - ,65 ::- 4.7% ;41. - 3.1% _ '34 2.7% - -(24) (7) Age 25 to 34 :. :. -` - ; 175 -: 12.6% -154 11.6% : 119 - .. 9.6% :. (21) -: - (35) Age 35 to 44 - - 204 ' ; 14.796 :`- 166 s 12.596 ..` ' 150 12.2% (38) (16) Age 45to49. - 112 :8.1% . 108 8.2% 91 73% (4) (17) Age 50 to 54 89 6.4% `: 104 ° 7.936 98 7.9% 15 (6) Age 55 to 59 -78 5.6% 90 6.8% 95 7.7% 12 5 Age 60to64 58 ?- 4.2% 71:_ -.5.4% 73 `; -:5.996 13 Age65to74 116 '• 8.4 %- -108 '' -. 8.2% 114 „9.2% (8) Age 75 to 84 162 11.7% - 157 ;:.11.9% -r- 145 `.113% (5) - (12) Age 85 and over - 131 -,- -:9.4% , 119 -z. 9.0% : -; 118 " 9.6% - (12) -; (1) Age 16 and over - -: 1,248 ._ 89.8% ?.' 1,166 .- -88.196 -S 1,082 - 87.7% `` (82) - (0) : Age 18 and over ..:. 1,229 `" 88.5% 1,150 ' -- 86.9% ',.1,066 - .86.4% ' : (79) (0) Age 21 and over 1,189 85.6% -' 1,119 i`84.5% '. 1,037 ' 84.0% - (70) (0) - Age 65 and over :! 409 -: 29.4 % 384 :' 29.0% _::: 377 , -: 30.5% - (25) + (0) Median Age - 47.29 - - -: -49.41 - ;..51.32 Average Age - `.- 48.92 - 49.32 - 50.25 Source: PCensus for Mapinfo, Tetrad Computer Applications, 2008 CDS 1 Spillette -343- 14 Market and Economic Feasibility Study - Tax Increment District #3 Corpus Christi, Texas The tables on this page illustrate household characteristics for the downtown TIF compared with the City of Corpus Christi. Of the 804 households in the TIF only 233 (29 %) are family households compared with (71 %) for the City as a whole. The table at the bottom of the page shows that the average household size was also substantially lower in the TIF (1.64) compared to 2.75 persons per household in the City. Table 8 - Household Characteristics Proposed TIF Household Type Non- family households 20 No. 620 0 Share 2007 No. 571 Share 20_2 No. 525 Share 1 person -: 544 : 87.6% 510 89.4% 474 90.4% 2 persons'- 69 11.2% 55 9.6% 45 8.6% 3 persons _ 6 1.0% 5 j 0.9% 5 ':1.0% 4ormorepersons ' - 1 0.2% -:' 0 *0.1 % 0 !b.0% Family households 242 .' -.233 216 2persons t 130 53.5% 127 54.7% 119 55.3% 3 persons : 52 ;'21.396 49 .21.196 46 -21.1% 4or more persons - '- -61: .25.2% :_56 24.3% r52 23.796 City of Corpus Christi Household Type Non - family households - 20 No. : 28,326 0 Share 2007 No. 29,559 Share ' 2012 No. 30,159 Share ! 1 person -. 22,956. 81.0% 24,857 84.1% 25,765 85.4 %: 2 persons _ - 4,428 - -15.6% ,_3,859 13.1 %. 3,572, 11.8% -:_ 3 persons -" 633 :2.2% -. -.594 x`2.0% 582 -. 1.9% 4 or more persons r; 309 - 1.196 , "249 0.9% ` 240 0.8% Family households 70,465 73,664 .75,252 2 persons _ 25,058 35.6% 27,170 36.9 %' 28,284 37.6% 3 persons ;- 17,334 24.6% 18,436 25.096 18,941 25.2% 4 or more persons 28,073 39.8% 28,058 38.1 %' 28,027 37.3 %, Source: PCensus for Mapinfo, Tetrad Computer Applications, 2008 Table 9 - Household Size Proposed TIF vs Corpus Christi Average Household Size Proposed TIF City of Corpus Christi 2000 1.65 2007 2012 1.64 1.62 2.75 2.75 2.67 Source: PCensus for Mapinfo, Tetrad Computer Applications, 2008 CDS) Spillette -344- 15 Market and Economic Feasibility Study -Tax Increment District iii Corpus Christi, Texas The tables on this page illustrate the household income characteristics of the area in the proposed downtown TIF district and the City of Corpus Christi. Overall, the downtown area has substantially more households in the lowest income category (43.4 %) compared with only 19.8% in the City. The table at the bottom of the page includes a comparison of average, median and per capita household income for the two geographies in constant 2007 dollars. According to the PCensus estimates, household incomes in the downtown area are declining somewhat - a bit more than the city as a whole. Table 10 - Household Income Distribution Proposed TIF vs. Corpus Christi - Nominal Dollars PROPOSED TIF Total Households - 2000 No. 857 Share 2007 No. - - - 804 Share -: 2012 No. 741 Share Less than $15,000 372 43.4% 322 40.0% 277 37.4% $15,000 to $24,999 135 15.8% 130 16.2% 118 ". 15.9% $25,000 to $34,999 113 13.2% 109 13.6% 95 12.8% 535,000 to $49,999 94 10.9% 79 9.9% 89 12.0% $50,000 to $74,999 - 56 6.5% 76 9.4% 70 9.5% $75,000to$99,999 34 4.0% 27 3.4% 30 4.0% $100,000 to $149,999 - - 38 4.4% 41 5.1% 36 4.9% $150,000 to $244,999 9 1.1% 13 1.6% 18 2.4% $250,000 to $499,999 3 0.3% 3 0.3% 4 0.6% $500;000 or more . CORPUS CHRISTI ,�;.. Total Households 4 98,779 0.4% - 4 103,223 0.5% . 4 105,411 0.6% Less than 515,000 19,524. 19.8% 16,826 16.3% .:15,470 14.7% $15,000 to $24,999 14,684 14.9% .13,019 12.6% 11,995 11.4% $25,000 to $34,999 13,319 13.5% 12,623 12.2% . 11,884 11.3% 535,000 to $49,999 16,639 16.8% 16,177 15.7% .15,757 15.0 %. $50,000 to $74,999 .17,987 18.2% 19,743 19.1% 20,028 19.0% $75,000 to $99,999 8,734 _ 8.8% 11,013 _ 10.7% 12,069 11.5% ._- 5100,000to5149,999 .5,159. 5.2% . 9,462 9.2% 12,083 11.5% $150,000 to $244,999 1,873 1.9% ` 2,847 . 2.8% 4,167 ; 4.0% 5250,000 to 5499,999 614 0.6% 1,059 1.0% 1,299 1.2% $500,000 of more . -246 0.3% 454 0.4% ` 659 0.6% Proposed TIF vs. Corpus Christi Incomes in Constant $ Measure Geography Average household income 2000 Adjusted 2007 Projection Change % Proposed TIF 537,677 $36,349 - -3.5% City of Corpus Christi $57,754 $57,671 -0.1% Median household income Proposed TIF $22,956 $21,147 -7.9% City of Corpus Christi 543,954 543,478 -1.1% Per capita household income Proposed TIF $25,105 524,006 -4.4% - -' City of Corpus Christi 520,882 $21,233 1.7% Source: PCensus for Mapinfo, Tetrad Computer Applications, 2008 2000 Income statistics where adjusted to 2007 dollars using the CPI -U CDS Spillette -345- 16 Market and Economic Feasibility Study — Tax Increment District tt3 Corpus Christi, Texas General Citywide and Downtown Development Activity Single Family Building Permit Trends The charts on the right illustrate the recent history of single - family home development in the Corpus Christi region (top) and City of Corpus Christi (bottom). Both areas saw activity increases up to 2005 with slight declines in 2006 and sharper declines in 2007. These data mirror Texas trends of single - family home sales due to tightening credit in sub -prime mortgages. The light blue bar on the City graphic represents an extrapolation to the entire 2007 year, because the data provided by the City of Corpus Christi only included permits summary to April of 2007. The city straight -line estimate for single - family permits in 2007 would be 1,150. The table on the following page presents data on residential permits for the City of Corpus Christi. Exhibit 6 — MSA Single - Family Building Permit Trends Corpus Christi MSA ■ ■ ■ ■ 1 Snow , S S U • • , s.w. MO MO , ■ ■ ■ ■ ■ , Oka .1 ■ ■ ■ ■ ■I„ Source: U.S. Bureau of the Census and Real Estate Center at Texas A &M University. extracted from Real Estate Market Overview 2008, Corpus Exhibit 7— City Single - Family Building Permit Trends City of Corpus Christi ar • p -s • • • • .` • • • • • • • • • • • • • • • Swam F Saa me ansitiru IMr mi6Flk.W •lbereirdueS swam . slam mum pan Seaw Se Source: City of Corpus Christi Permits Office CDS ( Spillette —346— 17 ten 11•10 OW MO $124. San MORI ■ ■ ■ ■ 1 Snow , S S U • • , s.w. MO MO , ■ ■ ■ ■ ■ , Oka .1 ■ ■ ■ ■ ■I„ Source: U.S. Bureau of the Census and Real Estate Center at Texas A &M University. extracted from Real Estate Market Overview 2008, Corpus Exhibit 7— City Single - Family Building Permit Trends City of Corpus Christi ar • p -s • • • • .` • • • • • • • • • • • • • • • Swam F Saa me ansitiru IMr mi6Flk.W •lbereirdueS swam . slam mum pan Seaw Se Source: City of Corpus Christi Permits Office CDS ( Spillette —346— 17 Market and Economic Feasibility Study -Tax Increment District t13 Corpus Christi, Texas The table below is provides detail on residential permits in the City. • Single • Family Table 11- Residential Building Permit Trends City of Corpus Christi (All Costs are in Millions of $) YEAR-) 2002 2003 2004 2005 2006 2007 ** TOTALS 4, MEASURE Permits 937 1,143 1,220 41,352 - 1,318 368 ' 6,338 Cost 596.95 $108.24 $136.81 $169.96 $165.98 $44.74 $722.69 Condos/ s Townhouses Permits 126 96 127 161 42 552 Cost 58.77 $5.94 $13.39 515.82 53.23 547.15 Two Family Homes Permits 11 13 13 31 18 86 Units 22 24 26 62 36 170 Cost' $1.52 51.79 $1.96 $3.73 $2.63 Some $11.62 Permits 19 - 77 - 54 161 Buildings 19 77 `?54. 161 Units 69 19 305 216 623 Cost 54.69 $1.27 $11.43 $0.14 57.74 - $0.28 $25.56 5+ Family Permits 11 24 51 19 64 169 Buildings 11' 24 51 19 64 169 Units 158 162 554 310 1,076 2,260 Cost Permits 6.742 978 4.044 1,313 16.677 1,457 12.328 1,531 49.018 1,615 0.000 412 588.81 7,306 Buildings 978 (1,313 1,457 1,531 1,615. 412 7,306 Units 1,186 1,474 2,201 1,857 2,807 418 9,943 Cost $96.95. $108.24 $136.81 $169.96 5165.98 544.74 $722.69 Source: City of Corpus Christi, Building Inspection Division • For 2002, Condos and Townhouses were included in the one - family totals. •• For 2007, the data is for the months ofJanuary, February, March and April. Multi- family (5+ units) construction peaked in 2006 with the construction of 1,076 units in the City. The average cost per unit in 2006 was $45,555, a substantial increase from the $39,700 average unit value in the previous year. CDS Spillette 18 -347- Market and Economic Feasibility Study —Tax Increment District 83 Corpus Christi, Texas Commercial Building Permit Trends The charts on the right illustrate the recent history of commercial development in the City of Corpus Christi for New Construction (top) and additions & remodeling to existing commercial (bottom). The total value of the construction estimated in the permits is shown as the red line on the charts. Extrapolating the first 4 months of 2007 to a full year would produce an estimated 447 permits and a total estimated value of $120.7 million both of which would be lower than 2006. Additions and remodeling has been relatively static over the period 2002 to 2006 but 2007 was likely to be a low year. Extrapolating the first 4 months to the full year would produce estimates of 492 permits valued at $127.0 million. Exhibit 8 — Commercial Building Permit Trends City of Corpus Christi New Construction 9D - as lul• MCP •111111IlsldSS f1•Yadt E a Additions & Remodeling Existing Commercial Source: City of Corpus Christi Building Inspection Division * For 2007, the data is for the months ofianuary, February, March and April. CDS Spillette -348- 19 Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Major City / Regional Developments Port The Port of Corpus Christi is located less than 2 miles north of the Corpus Christi downtown. The port is a main contributor to the economy of the region today and will likely be a larger contributor in the future. With the closing of Naval Station Ingleside in 2010, 912 acres of Navy property will revert to the Port of Corpus Christi. The Port has engaged a master planner to help define the new best use for these properties and to find an investor or investors who would commit the resources to redevelop- ment that would recapture the jobs lost due to BRAC. The future of Texas ports will likely be enhanced with increased movement of goods from Mexico and improvements to the Panama Canal which should increase shipments from Asia. Exhibit 9 — Port of Corpus Christi Source: Port of Corpus Christi website, htto://www.00rtofcarouschristi.com/Facilities.html Exhibit 10 — Naval Station Ingleside Source: Port of Corpus Christi website CDS 1 Spillette -349- 20 Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas Military- Related Activities Military spending makes up a substantial portion of the economic base of the Corpus Christi region. Table 12— Summary of Military Operations in Corpus Christi Base /Installation Naval Air Station Corpus Christi Naval Air Station Ingleside . Coast Guard Air. r Station 2i Corpus Christi Army Depot Branch of Service "Coast Guard Army Description of Operations Pilot training, helicopter mine countermeasures squadron, Coast Homeport for mine countermeasures ships and coastal mine hunters Search and rescue missions Repair and overhaul of helicopters for Army, Navy, Marine Corps City Corpus Christi :. Ingleside Corpus Christi Total Person- nel .:73,000 97 Status: Closing or Expanding Downsizing Closing 09/2010 " Operating Expanding Source: Corpus Christi Regional Economic Development Corporation * Total employment not available, civilian employment at the NAS -CC is estimated at 1,630 and at the Corpus Christi Army Depot at. 4,876. Naval Air Station Corpus Christi (NAS -CC) NAS -CC is the major military installation in the Corpus Christi area. NAS -CC in the Flour Bluff area, ten miles southeast of the downtown Corpus Christi and twenty -five miles south of NAVSTA INGLESIDE across Corpus Christi Bay. The major tenants of NAS -CC include the Corpus Christi Army Depot, the Chief of Naval Air Training; U.S. Coast Guard /Air Station; Drug Enforcement Agency; Medical Naval Hospital; Mine Warfare Command; and Defense Distribution Depot. The 2005 Base Realignment and Closures (BRAC) report recommended the downsizing of NAS -CC by moving some operations. Corpus Christi Army Depot (CLAD) CCAD is the Army's major facility for the repair and overhaul of rotary wing aircraft for the Army, Navy, Marine Corps, and Air Force. CCAD performs helicopter overhaul, repair, modification, retrofit, and modernization. CLAD occupies nearly 140 acres leased from the NAS -CC and is the largest industrial employer in South Texas. Naval Station Ingleside Naval Station Ingleside is located on the northern shore of Corpus Christi Bay, 12 miles northeast of Corpus Christi. In 1991, Ingleside became the home port for mine countermeasures ships and coastal mine hunters. The 2005 BRAC report recommended closing Ingleside in 2010. About 912 acres will revert to the Port of Corpus Christi. The U.S. Department of Defense estimated that the BRAC 2005 recommendations — closing of Ingleside and the recommended realignment of NAS-CC — could result in a maximum potential reduction of 7,033 jobs (3,154 direct jobs and 3,879 indirect jobs) over the 2006 -2011 period in the Corpus Christi, TX, Metropolitan Statistical Area, which would be 3.1 percent of economic area employment. The largest loss would occur at NAVSTA INGLESIDE at 4,616 total (direct and indirect) jobs. NAS -CC is projected to lose 2,193 jobs and CCAD would lose 224 jobs. CDS Spillette 21 -350- Market and Economic Feasibility Study —Tax Increment District tt3 Corpus Christi, Texas Colleges The two major institutions of higher education in the Corpus Christi area are Texas A &M University — Corpus Christi (TAMU -CC) and Del Mar College. TAMU -CC offers over 60 Degrees including Masters and Doctorate graduate programs. TAMU -CC currently has approximately 8,600 students and has been growing at the average rate of 244 students per year since 2002. TAMU -CC is located on 240 -acre Ward Island approximately 7%: miles south of downtown Corpus Christi. TAMU -CC is embarking on an aggressive master plan on Ward Island and in the South Guth Park are on land that was a gift from City of Corpus Christi. Plans call for expansion of Recreational / Athletic fields, ROTC facilities, conference space, parking, physical plant, boat storage and graduate /married student housing. The plan includes the retention of the core academic programs and undergraduate on the Ward Island campus. Currently the majority (53 %) of the TAMU -CC students were from the Corpus Christi area but that percentage has been declining. In the fall of 2006, there are 4,036 students from outside the Corpus area and that number has been increasing at the rate of 230 each year since 2002, making up the bulk of the net increase in students. Del Mar College is a comprehensive community college serving over 24,000 students annually. The College has over 150 different credit and noncredit programs. The vast majority of Del Mar's students are from the Corpus Christi area. Exhibit 11— Enrollment - Texas A &M University Corpus Christi 8,800 8,600 8,400 8,200 8,000 7,800 7,600 7,400 7,200 7,000 Fall Enrollment 2002 2003 2004 2005 2006 Source: Texas A &M Corpus Christi, Fact Book, Office of Planning & Institutional Effectiveness Exhibit 12 — Texas A &M University — Corpus Christi Master Plan Aerial Rendering Looking Wes' CDS 1 Spillette -351- 22 Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas Airport Corpus Christi International Airport (CCIA) is located on 2,415 acres of land, approximately 8 miles west of downtown Corpus Christi. Commercial passenger airlines serving the airport include American Eagle, Continental Express, Delta, and Southwest Airlines. In addition, to those, cargo service is provided by DHL and UPS. Charter service and general aviation services are also provided at the CCIA. The Master Plan for the airport, completed in 2007, has staged plans for three Planning Activity Levels (PAL) 1, 2, and 3 each which would be triggered by increasing levels of airport activity. At the lowest level, PAL 1, the total expenditures would be $26 million for a runway extension, terminal improvements, parking and rental car enhancements. Table 13 — Corpus Christi International Airport Master Plan Components Facility aired PAL.3 TieketCrater Positions CheekedBagg+geSeeotity Walk -Tbau MLral Detector X-rav Regnagetlai n Derive (LL) Rental Ready/Retmn Spaces Total Public Palm 3 aces AMP of stations) IetFna13 -day Stooge (gallons) 7.508 6381 51 12 4 175 211 1495 500 1 48,000 7 20 000 390 9000. 45 16 2 2 4 169 2I9 639 7,500 51 58 16 16' 3 6 3 6 8 247 213 270 788 606 1 8 51370 39 5401 "3,135 Source: Corpus Christi International Airport Master Plan Update, February 2007, PGAL/Parsons Brinkerhoff Retail lncentives The City of Corpus Christi adopted a "Large Retail /Mixed Use Development and Redevelopment" policy in June 2007. The policy provides guidelines for the granting of tax incentives for retail development. Since its adoption, the City has awarded a $40 million tax incentive for a new mall development (Crosstown Commons) and $23 million in tax incentives for the redevelopment of Padre Staples Mall. Both projects will receive this incentive via the sharing of increases in property and sales tax within their respective properties. The City had experienced a loss in retail sales tax revenues to surrounding areas such as San Antonio, Austin and the Valley. The intent of the policy is to recapture these lost revenues and enhance shopping opportunities for local residents as well as out of town visitors. Implications for Downtown Most of the previous discussions (Port, Airport, Colleges, and Retail incentives) suggest increased investment and business and economic activity for Corpus Christi. Only the declining military presence will likely have a negative effect on the regional economy and even in that case, the expected losses, as a proportion of the regional economy, are in the 3 -4% range. On balance, the plans for new development in the Port of Corpus Christi at the Ingleside site, the expansion plans for TAMU -CC and the airport expansion plans suggest a positive investment in the community. The effects on downtown should be positive. CDS ( Spillette 23 -352- Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas Exhibit 13— Land Use in the Proposed District The map at the right shows the boundaries of the proposed district in the green dashed line. The existing land uses are also shown. L.gerW raw Oftftft 11 Pao emwn Lad -- a ..a.. = irons Eu.a..sa e4...,— . ewer.. -j_: /name M � o —anal I, MS avian ter::` w'•^^a1:=7=7.= no. thesnrialcomise firmed By MB8 Mining rore 2007 ia PThiett Spurn: yedmm amp erC sem Go aS CDS 1 Spillette —353— 24 Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas Major initiatives Downtown (TIF and non -TIF) Bayfront Master Plan In a November 2004 bond election, Exhibit 14— Bayfront Master Plan — Shoreline Drive voters approved Phase 1 of the Bayfront Master Plan to improve the experience of visitors and residents to the area. Phase 1 included $11.6 million of projects: • Shoreline Boulevard realignment to move the northbound lanes to the current location of the median. The old lanes will be replaced with parkland that will include trees, landscaping, space for public art and new walkways. • Creation of a new park and public area adjacent to the existing seawall. Overall, the Bayfront master plan calls for improved parking, more parks, pedestrian trails and landscaping along the northern portion of Shoreline Boulevard. It will be developed in phases. Realignment Before After CDS 1 Spillette -354- 25 Market and Economic Feasibility Study — Tax Increment District fi3 Corpus Christi, Texas Other Infrastructure Improvements The City of Corpus Christi has made substantial investments in the downtown area. Since 2000, almost $150 million has been invested in drainage, seawall, beach, convention and entertainment facilities. The table at the right describes the general categories and costs of recent and "in progress" construction projects. The majority of current work is related to Phase 1 of the Bayfront Master Plan. Table 14— Infrastructure Improvements in Downtown 200- 2008 Completed Projects, Costs in Millions Improvement Type Storm Water Pump and Drainage Improvements - - Cost $4.5 Seawall, Beach and Marina Repairs and Improvements $46.6 Convention Center, Multi Purpose Area Repairs & Improvements - $67.5 Professional Minor League Baseball Stadium - 524.6 Miscellaneous - 55.2 Total 5148.4 Projects in Progress, Costs in Millions Improvement Type Cost Shoreline Realignment; Phase 1 $9.7 Shoreline and Ocean Drive Overlays, 53.9 Heritage Park Repairs and Improvements - `.$0.6 Miscellaneous $0.3 Total 514.5 Chaparral improvements The Downtown community has proposed a modifications to Chaparral Street through the retail / entertainment core to accommodate two -way traffic, widen and improve sidewalks and streetscape, and relocate on- street parking to adjacent blocks on the cross streets. Proponents believe that this will improve traffic flow and connectivity between the entertainment area and the civic / cultural complex at the north end of Downtown. Memorial Coliseum After numerous public meetings and surveys, a committee studying the possible reuse of the Coliseum has determined that the Coliseum should have both public and some form of private uses promoting economic development and bringing in private investment for the redevelopment of the site. The facility is approximately 50 years old and contains 2,615 permanent seats with a potential capacity of 5,300 with moveable chairs. The total building covers 73,500 square feet; it has 68,000 square feet of usable area. A 2003 study found that the building is structurally sound and rehabilitation and reuse was a cost - effective option. However, opinion is split in the city over whether to pursue reuse the building or to demolish and repurpose the site in accordance with the planned Shoreline Boulevard realignment. Memorial Coliseum and Shoreline Boulevard CDS 1 Spillette -355- 26 Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas OFFICE MARKET Downtown and citywide existing inventory Corpus Christi is estimated to contain 6.6 million square feet of office space in nearly 250 buildings across the city. About 52 percent of this space is considered Class B in quality. The city totals approximately 880,000 square feet of Class A space. Most office inventory is located in the Downtown (over half of total space), Mid -City, and Southside markets. CDS Spillette is not aware of any significant speculative office that has been built recently in Corpus Christi, although the market has reportedly added build -to- suit / owner -user p operties. Table 15 — 2007 Office Space (Non - Medical) within Proposed TIF Zone Property - -400 Mann Building Address 400 Mann Year Built `.1984 Year Renov. Sq.Ft. 118,385 600 Building 600 Leopard • 1962 140,000 AEP / Central Power & Light 539 North Carancahua 1986 280,744 American Bank Plaza 711 North Carancahua 1963 234,271 Bank of America Building, North ..: Tower 500 North Shoreline 1981 309,035 First Capital Bank Building 500 North Water. 1960 1999 133,888 Frost Bank Plaza 802 North Carancahua 1983 315,038 One Shoreline Plaza 800 North Shoreline 1988.- 361,000 • Shoreline Terrace 719 South Shoreline 1947 - 1981 1986 315,000 Tower II 555 North Carancahua 1982 289,462 606 North Carancahua 1972 - 1953 1988 1995 270,000 Wells Fargo Tower 615 Upper Broadway 1941 .'1974 320,000 .Total large properties 3,086,823 All others 347,162 Total Proposed TIF 3,433,985 - Note: Does not include Petroleum Tower. Source: Building Owners and Managers Association of Corpus Christi, 2006 Commercial Real Estate Directory CDS 1 Spillette 27 -356- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Table 15 provides a summary of major office properties within the proposed TIF Zone. Actively leased buildings of 100,000 square feet or more account for nearly 3.1 million square feet of non - medical space. Another approximately 347,000 square feet are in smaller properties. Two properties, the Frost Bank Plaza and One Shoreline Plaza, are considered Class A properties; the remainder are Class B or C. Market conditions — Downtown and citywide The office market was described to CDS I Spillette by a leasing professional as a "tenants' market." A Building Owners and Managers Association of Corpus Christi (BOMA) publication from 2006 indicated that Class A properties in the Southside market area showed the strongest occupancies and rates at that time, particularly Class A properties (albeit from a relatively small inventory totaling approximately 203,000 square feet). Lease rates have reportedly been flat. In Downtown specifically, office demand has traditionally been generated by a limited set of users. The most significant has been independent oil and gas firms, followed by law firms, engineering companies, accountants, and financial services. Major public oil and gas companies such as Exxon and Conoco used to lease large blocks of space in Downtown buildings, but have left the city over the last 20 years. Large companies such as H -E -B and TRT Holdings also left Corpus Christi. Numerous persons reported to CDS Spillette that there is no major economic driver of demand for traditional office space today in Corpus Christi, in contrast to cities such as Houston, Dallas, and Austin, where major corporate national and regional headquarters and financial services firms have been expanding or relocating to drive the office market. Virtually all of the demand in Corpus Christi is from local businesses, as opposed to expansions or relocations from other cities. Downtown overall vacancy rates are estimated to be roughly 20 percent. For the Class A properties, Frost Bank Plaza is currently 93 percent occupied and One Shoreline Plaza is at 82 percent. Some floors of One Shoreline Plaza, which opened during the depression in the oil and gas market of the mid to late 1980s, have reportedly never been leased. Taking advantage of slack demand from traditional users, call centers were increasing demand for blocks of space in Downtown in recent years. Such non- traditional demand has reportedly leveled off. Frost Bank Plaza leased space to a call center which has since left that property due to tenant incompatibility; another call center, with assistance from the City's 4A sales tax fund, has since moved into the building. Occupancy rates in lower quality properties are estimated to be generally lower than the Class A rates, with some properties having vacancies of 30 percent or more. One property not included in the office inventory is the Petroleum Tower, with 300,000 square feet of renovated but completely unoccupied space. CDS ( Spillette -357- 28 Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Frost Bank Plaza achieves the highest contract lease rates in Downtown at $18.25 per square feet gross. One Shoreline Plaza leases at triple net rates of about $12.00 per square foot; however, effective lease costs are estimated at about $20.00 after expenses are included. These rates are considerably lower than those being achieved for Class A properties in larger Texas cities, which have pushed past $25.00 per square foot in popular locations. Rates for Class B buildings in Downtown are reportedly about $12.00 to $14.00 per square foot. As would be expected, small tenant spaces lease for higher rates; one leasing professional mentioned that small suites lease for $24.00 per square foot in of his buildings. The same person commented that Downtown is the best office value for medium to large users. Outlook and Projections for Traditional Office Space Downtown Referring back to the employment trends shown in Section II, most of the industries which could drive demand for traditional office space, such as financial services and business services, are growing very slowly if at all. Oil and gas firms have relocated regional employment bases out of Corpus Christi. Downtown office demand, for the foreseeable future, will come from local businesses that expand as the region's population base slowly expands. Existing economic drivers such as Port- related business, petrochemical refining, and tourism are not expected to generate significant demand for multitenant office space. With a large amount of vacant space awaiting occupancy Downtown, including the possible eventual return of the Petroleum Building to the market, CDS 1 Spillette does project any new office - driven construction in the near to middle term. As older buildings are rehabbed for uses such as residential and retail, small amounts of incidental office space may enter the Downtown inventory. Approximately 87,000 square feet of Class A space are available at present, and hundreds of thousands of square feet of Class B space are as well. Thus CDS 1 Spillette is confident that existing vacant space will be sufficient to handle any increases in office demand for at least seven or eight years, and quite possibly longer if the city's economic base remains as is. As the better current buildings slowly fill up their available space over the years, their property value will increase. In contrast, lesser quality properties will likely deteriorate in quality as it will not be profitable to undertake renovations. These properties will likely remain at low occupancy, and some may close • down and be removed from active inventory if occupancy falls low enough. The natural result will be a decline in the value of these properties, to some extent offsetting gains elsewhere. It is possible that the slow growth of the regional economy, combined with a shrinking office inventory in Downtown, may lead to new office construction within the proposed TIF in the long term (10 years or more in the future). Such new construction would almost certainly be a Class A property; a reasonable estimate of size would be 300,000 square feet, based on the size of existing properties. CDS 1 Spillette 29 -358- Market and Economic Feasibility Study — Tax Increment District q3 Corpus Christi, Texas Medical Office in Downtown The southern end of Downtown is dominated by the Christus Spohn Shoreline Hospital, a 300 -bed facility located on the south side of Morgan Avenue at Ocean Drive, just outside but adjacent to the southern boundary of the proposed TIF. Christus Spohn reports that there are no expansion plans for the hospital at this time. Medical - related properties are located in the immediate vicinity of the hospital, though mostly south of Morgan. Many of the existing medical office buildings in the area are old and in need of replacement. However, the lease rates required to justify new construction are higher than doctors are willing to pay. Christus recently built a new medical office building nearby, but it remains completely unoccupied. Christus officials reported that lease rates of $1.85 per square foot per month are required for new construction. In older, lesser quality buildings that are fully occupied, doctors are paying $0.95 to $1.20 per square foot, while some Class A medical buildings are in the area with lease rates of $1.15 to $1.60 per square foot. Professionals familiar with the medical office market in the area stated that some doctors may consider building their own small buildings to obtain newer space rather than lease in a new multitenant building. However, due to increases in construction costs, most doctors will find the financial feasibility of even smaller buildings difficult. Based on these findings, CDS I Spillette projects that no new medical - related buildings of significant value will be constructed in the proposed TIF. Small new buildings or conversions of small commercial or residential buildings are possible but generally unlikely; no new construction is projected for the TIF in this regard. CDS Spillette 30 -359- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas HOTEL MARKET Downtown and Citywide Existing / Planned / Proposed Inventory The State of Texas Comptroller's office shows that the City of Corpus Christi had 104 properties of at least 10 rooms paying hotel occupancy tax as of March 2008. These properties contained a total of 8,302 rooms. Another 105 properties of less than ten rooms paid tax on 165 rooms, for a total taxpaying roomstock in the city of 8,467 rooms. This represents an increase from the March 2002 stock of 7,345 rooms. Most properties that have been added to the market in recent years have been limited- service hotels. These include the Red Roof Inn near IH37 at Nueces Bay, the Comfort Suites on S.P.I.D. on Padre Island, the Courtyard by Marriott Corpus Christi on Flynn Parkway near S.P.I.D., and Hampton Inn on IH37 at Navigation. The three largest hotels in Corpus Christi are within the proposed TIF — the Omni Bayfront, Holiday Inn Emerald Beach, and Omni Marina Tower. As the inventory of hotel properties in the proposed TIF shows in the table to the right, most hotel properties Downtown are fairly aged. Apart from the Omni hotels that were the only properties built in the 1980s and the new V Boutique Hotel, all properties date to earlier than 1975. Downtown has a total hotel room stock of 1,829 rooms. The Bayfront Plaza especially needs renovation, an opinion with which its management agrees. Table 16 — Hotels in Proposed TIF Hotel Name Bayfront Inn Bayfront Plaza Hotel Econo Lodge Holiday Inn Emerald Beach Best Western Marina Grand Omni Bayfront Tower Omni Marina Tower Super 8 Motel The V Boutique Hotel Total Downtown Total Corpus Christi Year Opened Rooms 1964 1973 1950 1966 1970 1985 1985 1961 2007 120 199 30 368 174 475 346 99 8 1,829 8,467 Source: State of Texas Comptroller and Smith Travel Research Omni Bayfront Tower and civic art Best Western Marina Grand CDS I Spillette -360- 31 Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas Market Conditions — Citywide and Downtown Tourism in Corpus Christi Corpus Christi receives approximately 7 million visitors per year. According to research by the Office of the Governor, over three quarters of "person- days" (one visitor spending one day in the area) to the metropolitan area comes from within Texas. Together visitors from the San Antonio and Austin areas accounted for 42 percent of total person -days in the region. The Convention and Visitors Bureau (CVB) reports that marketing of Corpus Christi in the Houston region began just last year. Leisure travelers are estimated to constitute 73 percent of person -days in the Corpus Christi region. Apart from visiting family and friends, major attractions for leisure travelers include the U.S.S. Lexington and Texas State Aquarium. Fishing, beaches, and nature tourism also have a major role in visitor activities. The CVB has is trying to expand its efforts regarding nature tourism, and touts that the San Diego Audubon Society has names Corpus Christi the "birdiest city in America" for the sixth year in a row. Business travel makes up the balance of travel demand. Some of this is related to group meetings and conventions. The CVB states that the Corpus Christi Convention Center hosts 24 to 30 multi -hotel conventions each year. An estimated 85 percent of these meetings are Texas groups, as opposed to national or regional U.S. groups. The manager of a major Downtown hotel property has found that attendees from these groups tend to be middle class and not extravagant spenders. Multiple persons contacted by CDS Spillette stated that the meeting room capacity at the Convention Center needs to be expanded. One commented that the facility has become too overpriced to attract small business vendor expositions. One hotel manager also noted that major civic projects such as Whataburger Field and the arena do not generate significant roomnight demand. Hotel Revenue Trends The trends in revenue generated by hotel roomnight sales is a general indicator of hotel industry health. Table 17 below provides historical revenues for Downtown hotels in both nominal and inflation- adjusted dollars. In nominal terms, most properties have experienced a net gradual rise in room revenues since 2002, with the exception of the Bayfront Plaza Hotel, which has declined considerably since its peak in 2003. The Omnis and the Best Western had the largest nominal increases. However, when accounting for inflation, more properties actually lost revenue during the period. The Bay Front Inn and Holiday Inn both experienced declining revenue in real dollar terms. The Omni Bayfront Tower had essentially flat revenue. The total room revenue for all Downtown properties actually declined slightly during this period, indicating stagnant hotel room demand. Corpus Christi as a whole showed modest real dollar growth, showing that overall hotel market health is improving weakly at best. CDS ( Spillette 32 -361- Market and Economic Feasibility Study - Tax Increment District #3 Corpus Christi, Texas Table 17 - Hotel Room Revenue Trends IN THOUSANDS OF NOMINAL DOLLARS Hotel Name `Ba ront Inn _- - -- 2002 - _. 2003 769 Total Room - - -- 2004 $772 Receipts - - - -- 2005 5815 2006 rorstiri 2 550 2007 1 805 Change 2002 - 2007 986 Ba - frontPlazaHotel 2 791 -2958 2 590 2 491 Econo Lode -- NA NA - 49 101 288 334 NA Holida Inn Emerald Beach 6 646 6 808 l 6 862 7 407 7 060 414 Best Western Marina Grand ,1 820 "2 073 `- 1 614 - - 2 143 - 2 784 '. - 2 673 - 853 Omni Ba ront Tower -'` 10 979 10 514 10 724 11 394 11 902 12 793 -" 1 814 OmniMarinaTower 5 776 5 922 • 5 704 6 613 7 777 7 187 1 412 Su.er8 Motel 916 775 789 714 1025 894 ' 22 The V Bouti • ue Hotel NA NA :' NA NA NA 115 NA All other Downtown `- 303 290 All other Downtown 201 '' 195 - 159 -' 144 • Total Downtown 30 082 30 080 ��p2266 EZ4IFZS f 534,671 5 33,896 '$ 32,186 $ 33,266 Total Car. us Christi ' - 90 519 - 89 568 - 93 016 Irri - 108 169 109 878 ` 19 359 ANDS OF INFLATION- ADJUSTED TO 2007 DOLLARS Hotel Name Bayfront Inn - - 2002 $982 2003 ''$866`5848 Total Room 2004 Recei uts 2005 5866 2006 - ='`5913 2007 . -5844 Change 2002 - 2007 -` $(138)` Bayfront Plaza Hotel -- :3,217 - "3,333 ' 2,842 ` 2,645 , 2,623 1,805 - (1,412) Econo Lodge': NA P- NA 54 107 296 -- 334 - 'NA Holiday Inn Emerald Beach - x.'7,660 ° -:- 7,671 <- 7,526 7,285 ` "7,618 `7,060 - ' (600) Best Western Marina Grand '2,097 :2,336 - 1,772 2,275 .2,864 "- 2,673 '- 576 Omni Bayfront Tower '`12,654 '11,847 11,770 12,096 '12,241 :12,793 ='139 Omni Marina Tower 6,657 6,673 6,260 '`.7,020 - :7,998 '7,187 -�_: 531 Super 8 Motel '- 1,056 ''- 873 866 -: 758 '- 1,055 - 894 (162) The V Boutique Hotel -' NA - - - -. NA - NA - NA - NA 115 ' NA All other Downtown -' 349 326 - 248 214 -' 201 159 '`(190) Downtown D town 534,671 5 33,896 '$ 32,186 $ 33,266 $ 35,809 $ 33,865 $ (807) Total Corpus Christi $104,327 $100,930 5102,097 $104,560 5111,250 $109,878 - `$5,551 Source: State of Texas, Office of the Comptroller Roomnights Sold Data from the Office of the Governor, shown in the following Table 18, indicate that while hotel revenues may be increasing slowly in Corpus Christi, total hotel room demand is essentially flat over the last five years. However, the metropolitan area, which includes destinations such as Rockport / Fulton, has experienced some growth. CDS 1 Spillette -362- 33 Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Table 18 — Corpus Christi Roomnights Sold Area Corpus Christi city Corpus Christi MSA. Roomnights Sold (thousands) 2002 2003 2004 2005 2006 2007 1,304.5 1,903.5 ,1,272.4 1,892.5 1,288.5 1,887.3 1,302.6 1,941.6 1,301.7 2,021.2 Change 2002 -2007 (2.8) 117.7 Source: State of Texas Office of the Governor Occupancies, Market Mix, and Rates According to data from PKF Consulting, Corpus Christi as a whole has experienced occupancies fluctuating between 64 and 68 percent, except for a drop to less than 62 percent in 2007, as noted in Table 19 below. An occupancy rate of 65 percent is considered a typical "break even" rate for most types of hotels. While occupancies have varied, average daily rates have consistently risen since 2002, reaching $78.00 by 2007, possibly a reflection of mid - market limited- service properties that have been added in recent years, as well as increased operating costs. Revenue per Available Room (RevPAR), essentially the product of the two other measures, climbed to over $50.00 by 2006 but dropped to approximately $48.00 in 2007 due to lower occupancies. Table 19— Corpus Christi Hotel Performance Market Indicator 2002 2003 2004 2005 2006 2007 Occupancy Avg.. DailyRate . RevPAR 64.5% $ 62.06 $ 40.02 65.9% $ :62.37 $ 4113 67.7% $ ?:66.40 $ - 44.97 67.8% $ 70.37 $ 47.70 66.2% $ - 76.62 $ 50.73 61.8% $ 78.18 $ 48.33 Source: PKF Consulting The PKF statistics are higher than what various persons contacted by CDS 1 Spillette estimated. Their estimates are a citywide occupancy of 55 to 60 percent and a Downtown occupancy of closer to 65 percent. Several persons felt that Corpus Christi's hotel occupancy is largely unaffected by the ups and downs of the national tourism economy. The management of the Omni Bayfront estimates that the hotel's market mix is 50 / 50 business / leisure travelers by revenue, but 60 / 40 by roomnights. The reason is that a large share of business travelers are using government hotel rates, currently $82 per night, which is well below the rack rate offered to other customers. The small V Boutique Hotel, dominated by corporate customers such as law firms from Houston with regular business in Corpus Christi, is achieving occupancies in excess of 70 percent during weeknights. The Bayfront Plaza has experienced a significant change in market mix as its physical quality has declined. Formerly a primarily business - oriented property (estimate 85 percent of roomnights) with a large roster of regular and returning corporate users, many affiliated with the refineries and Port of Corpus Christi, leisure travelers and incidental business visitors make up more of its guests. Occupancy at the property has dropped to 40 percent or less. The property is up for sale. CDS 1 Spillette 34 -363- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Although there are no true luxury properties in the Downtown hotel market, hotel quality and rates do vary widely. Table 20 provides a summary of current quoted rack rates. It is important to note that rack rates rarely represent the actual rates paid by most guests; larger properties in particular will offer corporate and government rates, group rates, and weekend packages. The Omnis and the V Boutique are the top of the market in Downtown, followed by the Holiday Inn, Best Western, Bayfront Plaza, and Bayfront Inn which serve the middle of the market. The other two properties are classified in the economy or budget segment. There are currently no major limited- service chains in Downtown. Overall, Downtown is represented by properties that are generally priced above average for the region. Table 20 — Hotels in Proposed TIF — Rack Rates Hotel Name Bayfront Inn Bayfront Plaza Hotel Econo Lodge Holiday Inn Emerald Beach Best Western Marina Grand Omni Bayfront Tower Omni Marina Tower Super 8 Motel The V Boutique Hotel Quoted Rack Rates Weekday Weekend $60 -$110 $59 -$119 $70 $159 -$189 $119 $199 $199 $74 -$84 $159 - $299 $60 $110 $59 -$119` $90 $159 -$189 $139 $199 $199 $84 -$94 $139 -$249 Source: CDS 1 Spillette Outlook and Projections — Downtown Downtown, and Corpus Christi generally, is characterized by relatively stagnant or slow - growth tourism and hotel demand. Many persons contacted by CDS 1 Spillette expressed frustration that various projects which could have boosted tourism in Downtown had failed to gain the backing of the City. Several repeated that Downtown is significantly lacking in activity, especially quality restaurants and shopping, to attract visitors. Direct air service is unavailable from outside Texas; the current fuel price - driven economic crisis currently affecting the airlines may exacerbate this obstacle. Also, in addition to occupancy rates near break -even, high asking prices for land and the level of rate discounting have retarded new hotel development. Still, opportunities for increased tourism and hotel demand Downtown are on the horizon. For leisure travelers, Corpus Christi is the closest coastal destination for the rapidly growing San Antonio region, with Austin also relatively accessible. Increased traffic from the Houston region is likely as the awareness of Coastal Bend attractions grows. While the primary source of business demand, companies doing business with Downtown office tenants and government may be stagnant, the growth of the Port- related and petrochemical industries may be able to substitute demand to some extent. Furthermore, major transformative projects Downtown could have a primary or secondary effect of boosting tourism demand. Proposals for a waterpark near the Omnis could directly increase visitors to Downtown. A potential buyer would have performed a major leisure- oriented redevelopment of the Bayfront Plaza and Bayfront Inn properties, but the deal fell through because of pricing issues on the Bayfront Inn site. A recent proposal by Landry's to build a waterfront amusement area similar to the Kemah Boardwalk along the Bayfront was unable to withstand political opposition. Still, this indicates that "big idea" developers are envisioning projects in Downtown Corpus Christi. The urban layout of the Bayfront also provides compelling opportunities not found elsewhere along the western Gulf Coast. The success of the Kemah Boardwalk and the Strand Historic District in Galveston CDS 1 Spillette 35 -364- Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas illustrate the leisure attraction of waterfront environments and walkable urban districts respectively. Corpus Christi is uniquely positioned to combine both of those qualities. Changes to Shoreline Boulevard and Chaparral Street could enhance the urban environment, creating the setting for new residential and retail development; the spinoff effect of such an evolution would be increased tourism demand by creating a more compelling urban waterfront destination. CDS I Spillette projects that roomnight demand will emerge in the near to middle term from its current stagnant state, driven primarily by the growth of source markets in San Antonio, Austin, and Houston, plus the slow growth occurring in the local economy. Room rates for reasonably maintained properties will continue rise, partly because of continued operating cost increases but also in response to increased demand. To the extent that it is physically feasible, increased demand should spur renovation of some existing properties to satisfy the desire of visitors for more updated rooms. Existing hotel capacity will likely satisfy increased demand in the near to middle term, particularly if renovations occur at better properties. In six to eight years, a new first - class, full service hotel property could be considered for development, to come on line one or two years thereafter. Such a property would likely have 200 to 300 rooms and a full restaurant. In the longer term, eight to ten years away, a limited- service property serving the middle to upper middle market of 100 to 150 rooms would likely be supportable Downtown. Successful revitalization through residential and retail / entertainment development (uses to be discussed in following sections) in the near to middle term could accelerate the generation of sufficient support for both hotel renovation and new hotel development. It should be noted that increasing construction costs could raise the financial hurdles that must be surmounted to make new development feasible; most importantly, investors would have to be confident in higher supportable room rates for a given level of occupancy. CDS 1 Spillette 36 -365- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas RESIDENTIAL MARKET Downtown and citywide existing / planned / proposed inventory Table 21— Housing Characteristics, 2007 YEAR STRUCTURE BUILT The tables on the right show the characteristics of the housing stock in 2007 as estimated by PCensus using Claritas data. In the downtown TIF district, there are an estimated 966 units. Most of the units in the district were built prior to 1980 and very few have been built in recent years (post 1995). The housing stock in the City overall is substantially newer. Since previous demographic data for the district identified 804 house- holds, a 16.9% vacancy rate can be calculated. That vacancy rate in the district is substantially higher than that of the City of Corpus Christi. Most of the housing units in the TIF district are in multifamily unit structures. Of the total 704 multi- family units, approximately 42 are in high -rise condominium projects (not including Marina del Sol which is just outside TIF boundaries). The emphasis on multifamily housing is in direct contrast to the City as a whole, for which single family detached units have an approximately two- thirds share of the total. Still, there are some single family houses in the proposed TIF, located primarily at the southern end of the zone. Proposed TIF Corpus Christi Number % Number r Total Number of Units 966 - 113,784 1995 to 2007 15 = L6% 18,713 16.4% 1980:to 1994 '- - -':235 24.3% 26,187 23.0% 1960 to 1979 160 16.6% 35,826 '°31.5% 1940 to 1959 238 24.6% 28,766 25.3% - ``Median Year Built 1953 -- :: 1974 Owner- occupied; Renter- occupied Vacant* Total TENURE STATUS Proposed TIF Number % 305 699 164 968 10.8% 72.2% 16.9% 100.0% Corpus Christi Number 62,220 41,003 10,561 113,784 54.7% 36.0% 9.3% 100.0% This data while.captured for the Co pus Christi City level fo 2000 data by PCensus, is not able to be captured or the TIFD #3 polygon level for 2000 data. The number reflected is the number of housing units minus number of households using 2007 P Census Estimates for both. UNITS IN STRUCTURE Proposed TIF Number Corpus Christi Number % Total Number of Units 966 - 113,784 -'- SF Townhouse 40 4.1 °%- - '3,673 32% SF Detached 137 14.2 %' 74,367 -654% Duplex > 83 8.6% ` 2,738 2A% Multi - Family (3+ Units) 704 73.0% 29,164 25.6% Mobile Home /Trailer 2 0.2% 3,842 3.4% Source: PCensus for Mapinfo, Tetrad Computer Applications CDS ( Spillette -366- 37 Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Existing Apartment Properties in TIF CDS 1 Spillette is aware of four significant multifamily rental properties in the proposed TIF, containing a total of 214 units. Detailed data on each properties is provided in the Table below. Table 22— Existing Multi - Family Rental Properties in Proposed TIF Location Name Unit Type Address Zip Limerick Apartments La Retama Princess Apartments Sea Gulf Villa 1BR/1BA 1BR /1BA, 2BR /2BA 1BR /1BA, 2BR/1BA,'. Efficiency 1BR /1BA, Efficiency 201 N. Chaparral 425 Schatzell 1001 N. Water St. 416 N. Chaparral 78401 No. of Units Total j Occupied 29 78401 16 78401 58 78401 111 534 28 58 111 504 Rent / Month Occ. Low High 97% $515 $550 Price Per SF Yr Low High Built $1.03 $1.10 1967 88% 5610 51,000 $0.98 51.18 1930 100% $450 5650 50.76 $1.20 1920 100% $540 5555 $0.86 $1.28 1930 s 94% Sources: Corpus Christi Downtown Management District and CDS 1 Spillette There are no recently built apartment properties that are currently occupied in the proposed TIF. The most recent, the Limerick Apartments, were built in 1967. The others were built prior to World War 11. There are also multifamily condominium properties in the proposed TIF. The following Table 23 lists the most significant properties. Marina del Sol, because it is located less than two blocks from the proposed TIF, is also included for market comparison purposes. The Retama Vista Apartments CDS Spillette -367- 38 Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas Table 23— Existing Multi - Family Condominium Properties in Proposed TIF Location No. of Units Name Unit Type Address Zip Total Occ.# Marina Del Sol dill House Executive' House 2BR /2BA, 3BR /2BA 1BR/1BA, 1BR/15BA, 2BR /IBA, 2BR /IBA 1BR/2BA, 2BR/2BA, 3BR/2BA,4 BR/2BA 1400 Ocean Dr. 715 s. Upper • • Broadway 823 Water St. 78404 123 123 Price Range Low High $140,000 $189,000 5149,000 $110,000 Price Per SF Low High $131 $139 Yr Built 1981 Sources: CDS 1 Spillette Although these condominium properties are newer than most of the apartment properties, they are still not of recent enough construction to be directly comparable to new construction or adaptive reuse. The residential stock in Downtown is about to substantially change, however. Four separate projects are under construction that will add an estimated 336 units to the proposed TIF. One of these projects, Bay Vista, is planning a second phase of another 181 units. Three of the projects are rental apartments and one, Atlantic Lofts, is offering for -sale condominiums. The Bay Vista is the only entirely new property; the other three are residential conversions of buildings that had other commercial uses. The Nueces Building The Lichtenstein Building, soon to be the Metropolis Lofts CDS 1 Spillette -368- 39 Market and Economic Feasibility Study —Tax Increment District It3 Corpus Christi, Texas Table 24 - Under Construction and Planned Multi - Family Residential Rental Name Bay Vista 1 Bay Vista II Lichtenstein Building (Metropolis Lofts) Nueces Building Atlantic Lofts Location Zip Units Price Range Low High Price / sq.ft. Low High Comments Furman at S. water St. 401 Chaparral Chaparral at Peoples 1BR /1.5BA,. .2BR /2BA,' 2BR /2.5BA 78427 78401 78401 78401 1.69 181 $899 $1,305 $1.23 $1.23 66 $195,000 $389,000 $150 $185 Nearly Complete Planned Remediation and demolition underway Completion -Feb 2009 Completion of <' Renovation, Some Leasing Sources: City of Corpus Christi and CDS 1 Spillette The Atlantic Lofts condominiums under construction The new Bay Vista Apartments (left) and existing Executive House Condominiums (right) CDS 1 Spillette -369- 40 Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas CDS 1 Spillette was able to speak with the developers of three of the new projects. Key aspects of these projects are as follows: Bay Vista Apartments Sage Properties, Inc. is developing the Bay Vista Apartments. Completion of first phase of the project is imminent. This phase will have 169 units averaging 911 square feet. All units will have washers and dryers and two parking spaces. The complex will have a large "resort- style" swimming pool on a deck with a view to the Bay. Demolition of older improvements on the site for the project's second phase has begun. The second phase will have 181 units. Metropolis Lofts The Lichtenstein Building, a former department store on Chaparral at Lawrence Street, is being converted to a loft apartment property with ground -floor retail. Developer J. Golden Properties is modeling the project after the AMLI Downtown project in Austin. The building will contain 60 to 65 units. Currently interior demolition is mostly complete, with a projected August start for buildout. The units must be ready for occupancy by August 2009 according to the terms of a federal grant used to help fund the project. Atlantic Lofts Developer Joe Adame is converting the former Atlantic - Mobile Oil building at Upper Broadway and Winnebago, adjacent to IH37. The seven story property now contains 36 units. Adame expects a certificate of occupancy by July 2008. The units have views of the Bay, Downtown, and the Port. Market Conditions — Downtown and Citywide While the supply of Downtown properties with which to assess residential market conditions in Downtown is admittedly thin, it appears that occupancies are currently strong. The apartment properties are full or nearly full. Rents per square foot are relatively strong for properties of the age of building typical in Downtown, ranging roughly from $0.80 to $1.10 per square foot. These figures compare to data for Corpus Christi overall which shows average rental rates of $0.85 per square foot (source: Apartment Listing Network, ALNOnline), showing that Downtown rents are slightly above market despite the age of the properties. Because units in Downtown properties tend to be smaller than average for Corpus Christi, actual apartment unit rents are generally relatively moderate, with the majority of. units priced from $500 to $600 per month. Condominium unit prices are relatively affordable and under $150,000, particularly at Executive House and Cliff House, although the sale prices presented in Table 23 do not account for condominium association monthly fees. The new residential projects under construction give some indication as to how new properties may fare going forward. New rental projects appear to be charging lease rates that are equivalent to or exceed the current top of the market. Bay Vista began preleasing in May 2008 with rents $1.20 to $1.30 per square foot and unit rents well above the range of existing units in Downtown apartment properties. As of this report 24 of 169 units have been preleased. The Metropolis Lofts in the former Lichtenstein building have yet to start preleasing, but rents are anticipated to be slightly lower than those at Bay Vista; this may be partly due to the use of the federal grant to assist the project. Both Metropolis and Bay Vista are targeting young childless professionals working in Downtown or the medical district at the south end of the proposed zone. CDS 1 Spillette 41 -370-- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas At the Atlantic Lofts, ten units of 36 have been pre -sold. Prices are well above average Corpus Christi home prices, ranging roughly from $200,000 to nearly $400,000. Adame is aiming to attract older childless buyers ( "empty nesters "). He emphasized that most buyers will not likely be native or long- time residents of Corpus Christi because they are not culturally predisposed to condominium living. He believes the greatest attraction will be for buyers from outside the Corpus Christi region or for those who have lived in Corpus Christi for a shorter period of time. Outlook and projections — Downtown The demographic and economic projections for Corpus Christi in Section 2 indicate that the City will continue to experience a slow to moderate rate of population growth over the coming years, with over 100,000 new residents in the region by 2035. Furthermore, smaller households, particularly single - person households and two - person family households, will slowly increase their share of total households. These trends bode well for Downtown housing demand, as it is a market dominated by small households. Numerous persons contacted by CDS 1 Spillette believe that housing is the best opportunity for new development in Downtown over the next several years CDS 1 Spillette concurs, for the following reasons: • The aforementioned regional population and small - household growth in Corpus Christi • Increasing enrollment at Texas A &M — Corpus Christi • An urban Bay front setting unique on the western Gulf Coast • Many potentially developable sites • An existing stable market, at least at affordable rents / prices • Relative affordability compared to other coastal cities in the United States and downtown locations in Texas, potentially attracting retirees, second home purchasers, and those relocating for lifestyle reasons • Continued growth of San Antonio, Austin and other Texas metropolitan markets which could be a source of new residents in Downtown Corpus Christi A potentially significant factor in housing demand in the proposed TIF is the extent to which public improvements are accomplished to provide needed infrastructure capacity and create improved public spaces which serve to increase housing demand. CDS 1 Spillette is not qualified to estimate how much potential new development would occur due to the removal of infrastructure constraints such as sanitary sewer capacity. However, the realignment of Shoreline Boulevard and concurrent creation of improved parkland along the Bayfront could substantially increase the visibility and attractiveness of the Bayfront as a residential location, as quality parks have proven to be effective settings for new residential development in many cities in Texas and elsewhere. Another potential accelerator of residential development would be the expansion and improvement of the existing retail and entertainment offerings in Downtown. For some types of retail, this leads to a "chicken or egg" question. However, the continued establishment of unique restaurant and entertainment businesses in the core of the lower part of Downtown will have the effect of raising awareness of the area to potential residents. The improvements to Chaparral Street could therefore have a secondary effect of speeding up demand for living Downtown. This effect can build upon itself, CDS ( Spillette 42 -371- Market and Economic Feasibility Study —Tax Increment District 413 Corpus Christi, Texas because as retail improves, more people are willing to move to the area, thereby creating demand for more and different retail, etc. Assessing potential residential absorption rates at the present time is difficult because of the lack of track record for recently built residential products — more specifically, there has not been any residential construction Downtown until the present time. It will take time to absorb the new units, both rental and for sale, that are entering the market. The second phase of Bay Vista will further add to the supply of new units. For sale condominium projects, particular those in excess of four or five stories, will likely be more difficult to accomplish because rising construction costs push up the sale prices required for financial feasibility into ranges with a smaller pool of potential buyers. Therefore, new residential development is likely to be weighted toward urban multifamily rental projects and possibly single family for sale townhomes. Townhomes would be most likely in the far northern and southern portions of the proposed TIF. However, as they are a totally untested product in the context of Downtown, townhome absorption will not be projected in this study. CDS 1 Spillette projects that, beyond the projects already under construction or planned, a supportable absorption level for various residential products in the TIF would be as follows: • Multifamily rental — one 150 -unit complex coming on line every five years starting in 2012. This could accelerate to every three years if the walkable urban retail district becomes a sufficiently attractive destination. By today's standards, without public subsidy, rents are likely to be in the $1.25 to $1.50 range, depending on unit finishes, amenities, and location (Bayfront and park - fronting sites will be able to charge a rent premium, as would sites in the heart of an active urban mixed -use district). • Multifamily for sale — initially, condominiums will likely be somewhat slower to develop than apartments. If The Atlantic Lofts are successful, however, this will encourage other projects to happen. CDS 1 Spillette projects a 50 -unit condominium project entering the market in 2013, with average unit prices of $300,000. Such projects could be expected approximately every five years in the proposed TIF. CDS Spillette 43 -372- Market and Economic Feasibility Study — Tax Increment District #3 Corpus Christi, Texas RETAIL MARKET Retail Sales Trends CDS I Spillette examined historical retail sales in the ZIP codes covering the proposed TIF, 78401 and 78404 (see Exhibit at right) as well as the City overall. Data for the 4th quarter of 2007 was not yet available from the State Comptroller's office. The results are graphically depicted in Exhibit 16. Gross retail sales for the typical categories of business establishments (using NAICS codes) for the City overall and for ZIP code 78404 were flat for several years before increasing considerably in 2006. In contrast, sales in ZIP code 78401, which covers the heart of Downtown, rose considerably during this time. Exhibit 15 — Downtown Corpus Christi Zip Codes Exhibit 16 — Retail Sales Comparison — TIF vs. City Downtown Zip Codes Millions 4,500 4,000 3,500 3,000 2,500 2,000 1,500 1,000 500 0 rail 'V ! HMI ■...'■'7 • 1 ■ • ■ 1 1 ■ it ■ .:. -1 2002 2003 2004 2005 2006 1Q -30 2007 • Corpus Christi City • Zip 78401 ■ Zip 78404 140 80 ^_ 60 .c 40 o. v 20 o 0 Source: Texas State Comptroller of Public Accounts CDS 1 Spillette 44 -373- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Other illustrations of Downtown's retail sales growth are in Tables 25 and 26, which give total gross retail sales for the two ZIP codes combined and compare this total to the City's total. The growth rate of total gross retail sales in the Downtown ZIPs was twice that of the City overall from 2002 to 2006. Information for the ZIP codes was limited in several sub - categories of retail establishments because of the State Comptroller's disclosure policies (a certain number of outlets must be present within a geographic area to release sales data to the public). However, sufficient numbers of restaurants, bars, and nightclubs are present in these ZIP codes for the State to release a full set of data, presented in Table 26. In 2006, sales at these types of establishments represented about 30 percent of total sales in the Downtown ZIP codes, compared to about 4 percent of total sales for the City as a whole. This data thus emphasizes that restaurants and bars are the primary driver of retail activity in Downtown. Fortunately, this category has been experiencing consistently increased sales in Downtown with a growth rate of 4.7 percent annually. Interestingly, other categories of retail establishments have actually had a faster average rate of growth than restaurants and bars during this period at 5.4 percent, although sales decreased from 2005 to 2006 and were less consistent in trend. Table 25 — Gross Retail Sales in Downtown Zips and City Millions of Constant 2007 Dollars • CAGR = Compound Annual Growth Rate 2002 to 2006 Source: Texas State Comptroller of Public Accounts Table 26— Retail Sales in Downtown Zips Food /Drink and Other Categories Millions of Constant 2007 Dollars 2002 2003 'i 2004 2005 ' 2006 14 - 3Q 2007 CAGR`.: =i= Food Services and Drinking Places $57.5 ?. $60.8' $61.8 $65.8 $52.1 4.7% All other 5132.1 '.$161.1 $161.4 5167.8 $163.1 598.7 5.4 %s • CAGR = Compound Annual Growth Rate 2002 to 2006 Source: Texas State Comptroller of Public Accounts Downtown existing / planned / proposed inventory Professional real estate brokers informed CDS 1 Spillette that no new retail space has been constructed Downtown in many years. Unfortunately, an accurate inventory of existing retail space was not available at the time of research for this report. However, the Downtown Management District was able to provide a tally of retail businesses within its boundaries (a subset of the overall proposed TIF comprising the central part of the district): CDS 1 Spillette 45 —374— Downtown Zips Corpus Christi City 2002 $189.7 $3,846.7 2003 $221.8 $3,906.1 2004 : $223.1 ` 53,924.4 2005 $233.6 53,869.9 2006 - '`$232.4 - $4,262.9. 1Q- 3Q2007 - $150.8. -$2,833.9 CAGR• 5.2% '.2.6% • CAGR = Compound Annual Growth Rate 2002 to 2006 Source: Texas State Comptroller of Public Accounts Table 26— Retail Sales in Downtown Zips Food /Drink and Other Categories Millions of Constant 2007 Dollars 2002 2003 'i 2004 2005 ' 2006 14 - 3Q 2007 CAGR`.: =i= Food Services and Drinking Places $57.5 ?. $60.8' $61.8 $65.8 $52.1 4.7% All other 5132.1 '.$161.1 $161.4 5167.8 $163.1 598.7 5.4 %s • CAGR = Compound Annual Growth Rate 2002 to 2006 Source: Texas State Comptroller of Public Accounts Downtown existing / planned / proposed inventory Professional real estate brokers informed CDS 1 Spillette that no new retail space has been constructed Downtown in many years. Unfortunately, an accurate inventory of existing retail space was not available at the time of research for this report. However, the Downtown Management District was able to provide a tally of retail businesses within its boundaries (a subset of the overall proposed TIF comprising the central part of the district): CDS 1 Spillette 45 —374— Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Category Number Arts / cultural (galleries, dance studios, etc.) 8 Auto repair 2 Clothing 3 Convenience store 2 Flowers 2 Furnishings (home and office) 4 Jewelry 2 Nightclubs 16 Rental car 1 Restaurants. 30 Upscale 4 Mid - market 5 Casual sit -down 5 Convenience / fast food 16 Specialty retail (gifts etc.) 3 As can be gathered from this list, significant general merchandise and soft / comparison goods retail establishments are largely absent from Downtown. The former department store Lichtenstein's is being turned into the Metropolis Lofts, albeit with some ground floor retail space. Apart from restaurants, bars, and entertainment venues, other users of retail space tend to be niche specialty goods retailers that operate somewhat as a destination on their own. The retail "heart" of Downtown lies in the Chaparral corridor from Taylor to Williams streets. Mesquite and Water Streets also feature some retail space. The retail space in this area is generally of the traditional urban variety, opening directly to the sidewalk. The most significant single retail development in Downtown is the Water Street complex, nearly a full block bounded by Chaparral, Lawrence, Water, and Williams streets. The Water Street Seafood Restaurant and Oyster Bar are within the complex, along with a live music club, a coffee shop, and the Texas Surf Museum and retail shop. According to Brad Lomax, the owner and developer, total indoor square footage of the anchor tenants in the complex is 33,200. Five other retail shop spaces house an antiques store, jewelry shop, women's beachwear store, gift and novelty store, and a printing company. The Metropolis Lofts project will return 35,000 square feet of retail space to the market along Chaparral and Lawrence streets. This project is scheduled for occupancy in August 2009. Also, the Nueces Lofts building is offering 5,200 square feet of dividable retail space. Nightclub use on Mesquite CDS 1 Spillette 46 -375- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Market Conditions — Downtown Accurate vacancy / occupancy data was not available for Downtown retail space. However, a windshield / walking survey of the core retail area revealed that a majority of retail space was occupied, with occasional vacancies. One commercial broker familiar with Downtown stated that all "restaurant- ready" (available plumbing and venting connections) space in Downtown is leased up. The Metropolis Lofts retail space is already pre - leasing. A coffee house, pizza parlor, and small grocery or convenience store have signed on as tenants. Two adjacent buildings with ground floor retail space have also been purchased by the developer. One, a former brewpub, has been leased to a restaurant. The other currently has an urban- oriented boutique furniture store. Metropolis' asking lease rates for these spaces ranges from $1.50 to $2.00 per square foot per month. A commercial broker reported to CDS 1 Spillette that standard strip center retail space south of the Downtown area leases at $0.50 to $1.50 per month, with drive - through pad sites at $2.00 per square foot. The smaller retail shop spaces in the Water Street complex lease for $1.00 per square foot plus a $200 per month maintenance fee. Thus, Metropolis is successfully attracting interest despite being above market for class of space. Visitors to Corpus Christi are an important source of business for Downtown retail, which is not surprising given the heavily restaurant and entertainment - oriented nature of the area. Mr. Lomax reports that visitors make up one half of the patrons in the Water Street complex. To capitalize on the demand from visitors, a new club is scheduled to open in a currently vacant building which used to house the Roxy nightclub on Mesquite. The non - entertainment retail uses also benefit from tourists. In the ground floor of the Bayfront Plaza Hotel, a coffee shop and Latin American imports store receives an estimated 60 percent of its business from visitors, especially San Antonio, Austin, and Houston. • Multiple persons contacted by CDS 1 Spillette stated that retail expansion in Downtown, particularly restaurants, would have to continue being heavily driven by Corpus Christi visitor demand, plus additional demand from residential development. It was a common sentiment that even affluent longtime residents of the City would not be willing to patronize more upscale dining establishments Downtown. The focus on dining and entertainment, which are known for intense peak periods of customer usage, has brought the issue of parking and traffic to the forefront, particularly on weekend evenings. Parking lots in the vicinity of the Water Street complex, as well as street parking, is often completely occupied during these times. Additional evening- oriented dining and entertainment development may run up against parking constraints. To divert traffic congestion during special events on weekend evenings (and upon request only), the City closes Chaparral Street to automobile traffic in the entertainment area from 10:00 p.m. to 2:00 a.m. The Metropolis Lofts is interested in obtaining City assistance with constructing an adjoining parking structure that would contain one level of public parking to support commercial activity and two levels for apartment dwellers. The experience of CDS 1 Spillette during midday and afternoon hours indicated that parking issues were minimal during these times of day. Chaparral Street retail, dining, and entertainment CDS I Spillette 47 -376- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas Outlook and Projections — Downtown For downtowns that are undergoing redevelopment and revitalization, retail activity is always a major focus yet it also usually one of the most difficult to achieve. The street pattern, existing development, non - standard parking configuration, and, frequently, lack of surrounding residential population make typical suburban -style retail formulas non - functional. However, Downtown Corpus Christi is fortunate to have a sustained core of retail activity to start from, even if it is limited in breadth. Additional retail absorption will depend in part on the increased volume of visitors to Downtown and a growing residential base. The population likely to be added by the near -term new residential projects (a total of 517 units — about 850 residents at full occupancy and 1.64 residents per household) will not be enough on their own to support new retail businesses, except possibly a few small convenience uses such as the proposed convenience store in the Metropolis Lofts. Most standard national retail chains are unlikely to find Downtown an attractive location for the near to middle term, because the area does not meet their typical standards for new retail locations. The principal retail opportunities during this period will instead remain dining, nightclubs, and entertainment. The occasional unique "destination" soft goods tenant that does not have "co- tenancy" requirements and seeks atmospheric locations that match culturally with its shoppers or can take advantage of tourist traffic will also likely continue to absorb space. Since restaurants, nightclubs, and entrepreneurial retail stores typically have high failure rates, substantial turnover is likely; newly vacated spaces where failed establishments were located will be able to satisfy some new retail tenant demand. Eventually in the long term, as a more "critical mass" of retail activity slowly develops with additional support from new residential and hotel projects, retail space absorption may accelerate and new retail space development becomes more feasible. Some new space may be part of mixed -use projects such as the Nueces Building and Metropolis Lofts. Other space will come in the form of single -story, single -use developments similar to the Water Street complex. A technical calculation of supportable retail space inventory to be added to Downtown on an annual basis is very difficult if not impossible in such a market that is driven by a combination of tourism, local residential population, daytime workers, and other Corpus Christi residents, all of which have both common and differing retail needs. Based on Downtown research and professional experience, CDS Spillette projects that supportable additional retail absorption will occur in relatively small increments, especially in the near to middle term. The 35,000 square feet to be added with the Metropolis, plus another 5,200 square feet in the Nueces Building, is likely above average, although it is partly addressing what was probably a deficit of new space. A reasonable projection of average annual supportable absorption over the next seven years is 12,000 square feet. At least 50 percent of such space will likely be dining and entertainment uses. The remainder will consist of convenience uses and specialty shops. The existing retail core area will likely be the focus of additional absorption, but small amounts may occur in more outlying areas of the proposed TIF, including the medical district, federal courthouse area, and upper bluff. In the longer term, after the new hotels and residential units described in earlier sections have been completed, supportable retail absorption will likely increase. In addition, as retail activity gathers mass, it will attract the attention of greater range of potential tenants as well as developers. CDS 1 Spillette projects supportable absorption at that point to increase to an average of 20,000 square feet per year. CDS) Spillette 48 -377- Market and Economic Feasibility Study — Tax Increment District 113 Corpus Christi, Texas Several factors could increase the pace of retail expansion in Downtown. These include: • Improving Chaparral Street by instituting two - directional traffic and improving sidewalks; • Creating destination public spaces along a relocated Shoreline Boulevard; • Adding public parking facilities; and • Adding a destination attraction, such as an amusement park or water park, within walking distance of the core retail area. CDS I Spillette 49 -378- Market and Economic Feasibility Study —Tax Increment District #3 Corpus Christi, Texas CDS 1 Spillette 1250 Wood Branch Park Drive, Suite 100 Houston, TX 77079 281.582.847 (Phone) 713.465.6975 (Fax) www.cdsmr.com CDS 1 Spillette —379— 50 21 CITY COUNCIL AGENDA MEMORANDUM AGENDA ITEM: December 9, 2008 A. Public hearing and first reading ordinance to consider abandoning and vacating a 52,488.43 - square foot portion of the Carmel Parkway public right -of -way, located between the South Staples Street and Gollihar Road street rights -of -way; subject to compliance with the specified conditions. B. Public hearing and first reading ordinance to consider abandoning and vacating a 5,040.17 - square foot portion of dedicated public right -of -way, located just west of the South Staples Street public right -of -way and north of the Carmel Parkway public right -of -way; subject to compliance with the specified conditions. ISSUE: Urban Engineering, on behalf of Capital Area Development II, Inc., is requesting the abandonment and vacation of a portion of the Carmel Parkway public right -of -way, and an adjoining portion of dedicated public right -of -way, to accommodate the re- development of the Parkdale Plaza Shopping Center. REQUIRED COUNCIL ACTION: City Charter requires Council approval to abandon and vacate any portion of street rights -of -way. City Code requires a public hearing prior to the vacating and abandonment of any street rights -of -way. RECOMMENDATION: Staff recommends approval of the ordinance as presented. Attachments: Exhibit A - Exhibit B - Exhibit C - Exhibit D - of Bob Nix, AICP ACM of Development Services Background Information Ordinances Site Location Map Minutes of the Transportation Advisory Committee Meeting, July 21, 2008 -383- AGENDA MEMORANDUM ADDITIONAL BACKGROUND INFORMATION BACKGROUND: Urban Engineering, on behalf of Capital Area Development II, Inc., ( "Owner ") is requesting the abandoning and vacating of the 52,488.43- square foot portion of the Carmel Parkway public right -of- way, located between the South Staples Street and Gollihar Road street rights -of -way and another 5,040.17- square foot portion of dedicated public right -of -way, located just west of the S. Staples Street public right -of -way. The dedicated rights -of -way to be abandoned and vacated are located in a "B-4" General Business District. The said portions of public rights -of -way are being abandoned and vacated to accommodate the re- development of the Parkdale Plaza Shopping Center. A Transportation Advisory Committee (TAC) meeting was held on Monday, July 21, 2008, at 2:30 p.m., in the City Council Chambers to discuss the proposed street closure. The proposed street closure was endorsed by the Transportation Advisory Committee. (see Exhibit D) All public and franchised utilities were contacted regarding this closure request. City Traffic Engineering is requiring that a Traffic Impact Analysis (TIA) report be submitted for review and approval. The TIA was submitted, and approved by the Traffic Engineer. The City Engineering and Planning Departments are requiring that the Owner retain a Public Access Easement to allow for public access to the Parkdale Library from both Gollihar Road and South Staples Street at all times. The City Storm Water Department is requiring that the owner retain a 20 -foot wide drainage maintenance easement. The City Water Department has an 8 -inch ACP water main crossing the public right -of -way and is asking that owner retain a 15 -foot wide utility easement for the water main. The City Street Department has fiber optic cable along the existing power pole line along the right - of -way to support the Parkdale Library, and is requiring that the Owner retain a utility easement for the existing power poles and cable. AT &T has an underground conduit system with a manhole within the public right -of -way proposed for closure and is requiring the Owner retain a utility easement, within the right -of -way. AEP and Grande have no objections to the abandonment but will seek reimbursement if adjustments to their facilities become necessary to accommodate the proposed re- development. None of the other public and franchised utilities had any objections to the public right -of -way closure. Staff recommends that the Owner pay the fair market value of $171,008.00 for the abandonment and vacating of the 52,488.43- square foot portion ($150,916.36) of the Carmel Parkway public street right -of -way and the 5,040.17- square foot portion ($20,091.90) of dedicated public right -of- way. In accordance with City Code of Ordinance Sec. 49 -12, City Staff is requiring that fair market value fees be paid, prior to the placement of the ordinance affecting the closure on the council agenda. In the event that the ordinance fails to pass, said check shall be returned. The owner has been advised of and concurs with the conditions of the right -of -way abandonment. EXHIBIT A —384— Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 52,488.43- SQUARE FOOT PORTION OF THE CARMEL PARKWAY PUBLIC RIGHT -OF -WAY, LOCATED BETWEEN THE SOUTH STAPLES STREET AND GOLLIHAR ROAD STREET RIGHTS -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Urban Engineering, on behalf of Capital Area Development II, Inc., (Owner) is requesting the abandonment and vacating of a 52,488.43- square foot portion of the dedicated public right -of -way, located between the South Staples Street and Gollihar Road street rights -of -way to accommodate the re- development of the Parkdale Plaza Shopping Center; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 9, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the portion of the dedicated public right -of -way (Exhibit A), subject to compliance with the specified conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 52,488.43- square foot portion of the Carmel Parkway public right -of -way, located between the South Staples Street and Gollihar Road street rights - of -way, as recorded in Volume 41, Page 158 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: a. The Owner pays the fair market value of $150,916.36 for the abandonment and vacating of the 52,488.43- square foot portion of dedicated public right -of -way. The consideration must be paid by cashier's check delivered at closing. b. The City retains two Public Access Easements to allow for public access to the Parkdale Library from both Gollihar Road and S. Staples Street at all times along the area of public right -of -way vacated. c. The City retains a 20 -foot wide drainage maintenance easement centered upon the existing underground storm water infrastructure. d. The City retains a 15 -foot wide utility easement centered upon the existing 8 -inch ACP water main. — ORD- Carmel Parkway - Parkdale ROW closure - A 12.09.08.ao —385 cc Page 2 of 3 e. The City retains a 15 -foot wide utility easement for the existing power poles and cable supporting the Parkdale Library. f. The City retains a 15 -foot wide utility easement within the area of right -of -way being vacated to serve the existing AT &T underground conduit system. SECTION 3. Upon approval by Council and satisfaction of the conditions stated above, the City Manager is authorized to execute and deliver a Special Warranty Deed to the area vacated retaining the easements as noted above, the Deed to be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up- to -date survey, reflecting all easements and items of record, must be submitted to the Assistant City Manager of Development Services. flan- l`arrnel Parkway - Parkdale ROW closure - A 12.091 A Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: December 2, 2008 By: R. J First Assist City Attorney For City Attorney ORD- Carmel Parkway - Parkdale ROW closure - A 12.09.o8W Page 1 of 3 AN ORDINANCE ABANDONING AND VACATING A 5,040.17- SQUARE FOOT PORTION OF DEDICATED PUBLIC RIGHT -OF -WAY, LOCATED JUST WEST OF THE SOUTH STAPLES STREET PUBLIC RIGHT -OF -WAY AND NORTH OF THE CARMEL PARKWAY PUBLIC RIGHT -OF -WAY; SUBJECT TO COMPLIANCE WITH THE SPECIFIED CONDITIONS WHEREAS, Urban Engineering, on behalf of Capital Area Development II, Inc., (Owner) is requesting the abandonment and vacating of a 5,040.17- square foot portion of the dedicated public right -of -way, located just west of the South Staples Street public right - of -way and north of the Carmel Parkway public right -of -way to accommodate the re- development of the Parkdale Plaza Shopping Center; and WHEREAS, with proper notice to the public, public hearing was held on Tuesday, December 9, 2008, during a meeting of the City Council, in the Council Chambers, at City Hall, in the City of Corpus Christi, during which all interested persons were allowed to appear and be heard; and WHEREAS, it has been determined that it is feasible and advantageous to the City of Corpus Christi to abandon and vacate the portion of the dedicated public right -of -way (Exhibit A), subject to compliance with the specified conditions. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. That the 5,040.17- square foot portion of the dedicated public right -of -way, located just west of the South Staples Street public right -of -way and north of the Carmel Parkway public right -of -way, as recorded in Volume 41, Page 158 of the Map Records of Nueces County, Texas, is abandoned and vacated, subject to the conditions specified in Section 2. below. SECTION 2. The abandonment and vacation of the above public right -of -way is conditioned as follows: a. The Owner pays the fair market value of $20,091.90 for the abandonment and vacating of the 5,040.17- square foot portion of dedicated public right -of -way. The consideration must be paid by cashier's check delivered at closing. b. The City retains two Public Access Easements to allow for public access to the Parkdale Library from both Gollihar Road and S. Staples Street at all times along the area of public right -of -way vacated. c. The City retains a 20 -foot wide drainage maintenance easement centered upon the existing underground storm water infrastructure. d. The City retains a 15 -foot wide utility easement for the existing power poles and cable supporting the Parkdale Library. ORD- Carmel Parkway - Parkdale ROW closure - 13 12.0970M- Page 2 of 3 e. The City retains a 15 -foot wide utility easement within the area of right -of -way being vacated to serve the existing AT &T underground conduit system. SECTION 3. Upon approval by Council and satisfaction of the conditions stated above, the City Manager is authorized to execute and deliver a Special Warranty Deed to the area vacated retaining the easements as noted above, the Deed to be recorded at owner's expense in the real property Map Records of Nueces County, Texas, in which the property is located. Prior to the approval of building permit and construction, an up- to -date survey, reflecting all easements and items of record, must be submitted to the Assistant City Manager of Development Services. ORD- Carrnel Parkway - Parkdale ROW closure - B 12.09.08.. occ 9 Page 3 of 3 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: December 2, 2008 By: R. Jay eprhing Firs ssistant ity Attorney For City Attorney ORD- Carmel Parkway - Parkdale ROW closure - B 12.09.MdC -391- Proposed Public Right of Way Closure t•.. corpus cnmuear ROW LOCATION Right of Way a 450' Buller 718^1009 Prepared Sy: OS Department of Development Services LOCATION MAP South Stales Street 1.1 2100' B.L A 1 \c' eta boog vZ� ay— ci 1 CL 0 CD 0 0 0. >Q ix 1.6 -393- M$ soce oo o N n to u Np� N c O(Ou. t o)0 c 2RII he z aWZ _zaa. n ON -NON O �z ZAP zoii h U 1- m 2 w a u 13 E p Y G g .0 c cc c r• u c i 8 - o w m 0 N O V ✓ o N 7 u „ Z o o'uo • T; o • o Z5I6 g co ore o 0 o oo2. 0 me o I uoo • • r y L � U d Z • o C o oa- • co (1 South oStaples� Street S31'06' 10 'E 54.01' 100' B.L -394- c a° U H m X w Transportation Advisory Committee Minutes Monday, July 21, 2008 I. Call Meeting to Order — Mr. Green, Chairperson called the Meeting was called to order at 2:35 p.m. II. Approval of Minutes — Mr. Green noted that the June minutes date on the agenda be corrected. The minutes stated June 23, 2008 and the agenda stated June 21, 2008, the correct date was June 23, 2008. Motion made by Mr. Green, seconded by Mrs. Beard to approve minutes for June 23, 2008. Motion passed. III. Committee Reports a. Monthly Traffic Fatality Report — This item was tabled due to lack of representation. Mr. Green stated that City Staff should visit with PD Traffic Division and let them know that this report is being tabled due to lack of representation. b. Traffic Engineer's Report - Mr. Cardenas provided the committee with the following information: • Speed limit ordinances — An update and presentation will be given in August 2008. • Hurricane Evacuation — TxDot cleaned the hurricane evacuation lane. IV. Staff Recommendations Requiring Committee Review/ Recommendations a. Street Closure request • Columbia Parkway — Mr. Perales stated that Members First Bank, (Owners) is requesting the abandonment and vacation of a 3,782.34 - square foot portion of the Columbia Parkway public street right -of -way, the dedicated ROW to be abandoned and vacated is located in a "B-4" General Business District. The said portion of public right -of -way is being abandoned and vacated to accommodate for the replating of Lot 6, Greenwood Terrace Unit 3 Subdivision. As part of the replating process, Owners must construct a fire apparatus access road for emergency response accessibility. Mr. Green stated that motion made be made as long as there is a replating of the property. Mr. Soza made motion to close this section of Columbia Parkway, Mrs. Beard seconded. Motion Passed. • Breezy Court — Mr. Perales stated that Ascend Asset Group, LLC, (Owners) are requesting the abandoning and vacating of the 21 ,939.84 - square foot portion of the Breezy Court public street right -or -way, located west of the La Concha Boulevard street right -of -way. The dedicated ROW to be abandoned and vacated is located in an "AT" Apartment - Tourist District. The said portion of public right -of -way is being abandoned and vacated to accommodate for the redevelopment of the La Concha Estates EXHIBIT D Pa e1o5f3 29— Unit 3 Subdivision. Mr. Perales stated that the original plat was laid out as a typical cul -de -sac based on a single family detached development. Mr. Green stated that motion made if the developer will re -plat or vacate the plat. Motion made by Mrs. Beard, seconded by Mr. Carrizales. Motion passed. • Carmel Parkway — Mr. Perales stated that Urban Engineering, on behalf of Capital Area Development II, Inc., Owner is requesting the abandoning and vacating of the 52,488.43- square foot portion of the Carmel Parkway public right -of -way, located between the south Staples Street and Gollihar Road street rights -of -way and another 5,040.17- square foot portion of dedicated public right -of -way, located just west of the S. Staples Street public right -of -way. The dedicated rights -of -way to be abandoned and vacated are located in a "B4" General Business District. The said portions of public rights -of -way are being abandoned and vacated to accommodate for the re- development of the Parkdale Plaza Shopping Center. Mr. Perales stated that the maintenance of the right -of -way will be done by Walmart. Mr. Green asked if the Traffic Impact Analysis was approved. Mr. Cardenas stated that the first TIA was submitted in April 2008 and was sent back for corrections. The second TIA was submitted in June 2008 and was approved. Mr. Green asked if the Developer was okay with the associated risk. Developer stated yes. Motion made by Mrs. Beard to present this to the City Council for further approval, seconded by Mr. Soza. Motion passed. b. (UDC) Unified Development Code Shared Access Focus Group — Bob Payne stated that the current Driveway Ordinance was adopted in December 1985 and revised in 1988. The current driveway ordinance addresses residential, commercial and industrial driveway spacing, setbacks for driveways from comers, minimum driveway widths, and driveway design and construction standards. Mr. Green opened for discussion. Motion made by Mrs. Beard to present this to City Council for further approval, seconded by Mr. Soza. Motion passed. V. Issues for next scheduled Transportation Advisory Meeting — None VI. Previous /New Concerns a. Possible four -way stop sign at Oso Parkway/Yorktown Blvd. to reduce speeding. — Mr. Cardenas, City Traffic Engineer stated that a four way stop is not a method to reduce speed. The City will be doing the signal warrant analysis for Yorktown. The Committee tabled until the next meeting. b. Vehicles using northbound turning lane to accelerate and merge with southbound traffic. Left turns onto Weber Road from McDonald's driveway south of Saratoga Blvd. — Mr. Cardenas, City Traffic Engineer spoke with TxDot about the delineators. TxDot has agreed to put up delineators. EXHIBIT D Page 2 of 3 -396- present. d. Montana Mikes driveway — Mr. Cardenas, City Traffic Engineer stated that City Staff investigate the permits from Development Services. Mr. Hudson, Urban Engineering stated that this driveway was part of the existing property. TxDot agreed to a right out only driveway a year ago and the building permits shows where the driveway should have been removed but he does not know why they did not remove it. Mr. Jones asked if there is a time limit on permits and Mr. Hudson stated that he thought that there was a six month time limit. Mr. Green stated that the certificate of occupancy should have never been issued and that City Staff should visit with legal and code enforcement about the driveway. e. Top 10 Dangerous Intersections — This item was tabled until the next meeting. f. Saratoga and Cimmarron left turn signals — Mr. Green suggested that the left turn signal be readjusted. He also suggested that the lights need to longer. Mr. Cardenas, City Traffic Engineer stated that these signals were readjusted on Friday, June 20, 2008 and that it is part of a split phase project. He also noted that traffic signals have a 120 second cycle. Mr. Green requested that the cycle times be re- evaluated. The Committee tabled this item until the next meeting. VII. Public Comment — None VIII. Adjournment — Meeting adjourned at 4:50 p.m. EXHIBIT D Page 3 of 3 —397— 22 CITY COUNCIL AGENDA MEMORANDUM December 9, 2008 AGENDA ITEM: Public Hearing and First Reading Ordinance to consider approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700. ISSUE: City Charter requires the City Council to review the recommendations of the Planning Commission and act on the Capital Budget. BACKGROUND: A public hearing and recommendation to approve the FY 2009 Capital Budget and Capital Improvement Planning Guide was made by the Planning Commission on November 19, 2008. Public input may also be received at the public hearing and first reading on December 9th and the second reading on December 16"' of the ordinance. REQUIRED COUNCIL ACTION: Public Hearing and First Reading Ordinance to consider approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700. FUTURE COUNCIL ACTION: Second reading Ordinance to consider approving the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700. Eddie Houlihan Assistant Director of Management and Budget -401- ORDINANCE APPROVING THE FY 2009 CAPITAL BUDGET AND CAPITAL IMPROVEMENT PLANNING GUIDE IN THE AMOUNT OF $161,285,700. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the FY 2009 Capital Budget and Capital Improvement Planning Guide in the amount of $161,285,700 is hereby approved. A copy of the FY 2009 Capital Budget and Capital Improvement Planning Guide is on file in the Office of the City Secretary. —402— That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and passed finally on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED, this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: November 24, 2008 By: tI n c CcAr Lisa Aguila+' Assistant City Attorney For City Attorney -403- 3a1f1J ONINNV1d 1N2IN3AO2idINI 11111&13 aNV _mane 11111&13 600Z Id $33SOdO2id sexej `ilsuyO sndaoo 4o 40 Capital Budget Approach in c) C a) a) CL 2 N 0 O o N c) i N E i .o 1 _ .- ..d ma ml. O O n ca c O Z a N o co O ca = > o ?1— oo a j a as n ca aa)i •2 O ..1 _ 5 o .� Q 1- 0 m v a) E N 2 O O 2 o co ca L o r c L Q = w O a) c) o a in = 2 N O E•C 0) = cLa O O O a) O LL 0 a m 0 ._ • Focus on Counci Capital Budget Highlights c co = O o = 'IP 0 V i o — +L+ N 0 0 _ O m0 co O 0. 0. Z v t i co d c ±� +� c co mimi CO ca o L i 0 0 ct E m _`� a EF m 0 - o a = �' O _ ce ca c +� _ w s_ co E -a as 0 E o -0 c co CD in = 0 ct i N = H r E o OEw0 °'�• 0 LL o :08cca = c o,Sc 0- -0 CO CD _ _ +� 0 __ 0 'Ef _ 0Nt'� �=cn0 .0 "CD o o s- o �U-t 01 • o cn - r' O •= CO 13 CD 0 13 CD 0 ca ��s �_�° -' _�°-' C c �U2Q co c2 ''° 0° x o o= o O CO o 0 0 0 0 .0 0 Commercial N W • o CO O W to C • co W M > W CO W - to Q co 0 Bond Issue 2004 Y C r 0 F 0 0 X F c � LL • C co co O Z O • N Y f0 N Q' 10 U c Y O U Op O f0 >. m Eft Y C Y • E- CU E E `° E ao o o w d > W C O 2 0 of w O O CO LO- W r CO w Co r O L W co .CO .0 0 Bond Issue 2008 r E i tb 0 a 0 tri cu V) co w C C LL _ I 0 0 N h O o c z 0 E ct N N_ o r 0 a z 0 z p 0 5H 0 • Other 0 Tax Note 0 O r c O .c a c • vi w w 01 O c O Y c w� a= .c Y c o R 2 c V >.— • O Q cu d 0 7 G! 0 N c • 4S 'O a • '• Q O w si VI a c U O 0 W o • X Y R m a `yvic c L 0 a) O c am = � Oy t7 0 c c U R VI a • ?a tn ✓ Q N W c � Y r O - R N Q O ` c d 7 2 M U — R O • Y ' L a LC Y CC Y • O C O E O a 0 CD o C t F N y R y O O z R c 0 bR 0 bR 0 bR N rao iw U a 0 0 0 11- Y O C a) > R G>! R O R Q 3" E O U .c 0 d Q ID y R �nQ Y ID I C 0) > re co a C y C O 1r y J N 'p F Q_ C R d N L >. C O r C > G! d CD d O U R U I Q Y V C'O N W 0 O 0 7 Q o co co d C N y 0 N N >1Y O G! Z C X c 0 R O -(71) 7 N C C 0 R O 0 C m Y d C o as o 0oa o R N L N 0 i 4- -1 U- 0 N U G! Y O C ' t O Y R R Q 3 Q C Q Y 0 J 4-1C N O E O O II N m .0 1 c w 0Ur= w > —y ~ ° o y � m w O w o Z V r d CO Rehabilitate N E o •a) co N co fnO • A co O O R 2 H rn O r South Guth Park CD C °? o o' o e M a R^ a r N s N C 0 H w LL N E Tr- co o 0 0 2 o co tl! C Y L c W o co U > w o 0 L Cr) Other, $436.9, 4% N y C Y N 0 n fa bc wE U v L o r co N L 00 0 inc4 v V3 a c "� E cn Conservation /Inter- 0 O n N Parkdale Branch New So uths ide co v au M� W • cti h O uIcoca Q it '_ ' 0 E ct oa rti V ■ _ w e. O N N • _ n w a w C L O fa w -am UJ o Uri us y c U U L R o a a a N (0 r w C W E 0. O O O CD 0 10 C 113- O C > al 0- CO t � w y w V) 1- - O CO w W W 0I > 0 • C "0 co O W O 0 0 0 Staples, $5,039.7, Cimarron Boulevard 0 Z 5 r r w `l..i w b M� ■ 9) lad p _ 0 V 'le 4 z O C Q Q 0 RI 0 Automated Meter 0) O N O N Lf) C (6 tic o l N co 92 G) N Q O E Rolled Curb and Gutter N O O + C r N H) E 0 _ o o 4 E Q O o E _ N N O N N o it In 8 co co Q rn *& Q - a) O 70 E L c EA W Other, $1,275.0, 7% U N N N y�l o A ` c LO O R • m c a R c v m ea- O Y o la glib▪ i R o c o 0 S o (DC a in M R o c 'N E H CIO m w R N v o R 'o R Q Y R • p O a a it 0 EH N c to IS CU CD 2r as 0 xN J m R W _ — o — 4 h m ._ CX w R cu RI O 2 m V to O cN R 76 tocisi C .c7) o- w w MI la CU ci I too c CA CO w `^td Y r M i a w p No Q E aE E L. ect Y O 0 O c l� o c � ci .64-2 0 N of O O ^ p T ✓ in • ()CA Eft 2 7D ln ce ris; Z Y w w shit r 0 U Q' E 0 Rc f0 m EH c c N o as c O Y c N c w N R E a w o N O` O a E c N G M c N c R y3 C y CU CL a E • w • O g E Odor 0 w C • O 0- N 7 C O 0) Y CU W J CO N v N ytd b m� r w o d' O V O ._ oo co it= % 0 C Q Q L 2 ta S Water Main N N a a < Q- N 7 C CO 0 u o • E - a 0 co 'O C W O R w Vi O C ~ U R R 0 LL cs c - .. U1 C 0 C O N 0 a o O > > • L O w 0 O cp co R Q N z 2 E 0 E R o N V 0 c C o o 0 co a E c 0 0 R U O L y E9 O E U E R 0 C N W - O co ca E w o O co > ▪ O W Q C▪ r) E m us w — N CO N ytd ti m� r Itm Q. h V °0 O O C °p % Quo E E eCt i 0 a C 0 Co 0) N O co wo0I V W c W E rV it o N i 0 g 0 [` 'R)• V $160,000,000 $140,000,000 $120,000,000 $100,000,000 I I O 6R el 0 4 4 O O oots eoo 0 General Obligation /Certificates of Obligation 0 Revenue Bonds CO 0 C C C Q Q) Q 0 O = N N 0 c 0 W c c9 >yv 0 a o6 N O O 2 Q) O w N C t U W co — Q 0 > y a-+ w c 'a O _a •> o O U U ,N a O O QS ' Q - n QS N v a) v 0 0 Q) O 7 Q 0 co O a " f6 `1 0 Q) N 8.- QS :4= C Q) 0 O O a ij 2 •> al ' Q 7 v w N W 0 N Q) O v 0 c 1 Q_ U Q) to O W 'O v C w w QS C O > oi Q QS 7 LL QS v C a>`, Q) C C 0 >, y C > Q) -w •O w 7 IX a2 W Q a O O N y O V C O v a 0 Q) QS .>I t 0 w ›- y Q) 'C QS a QS 0 V 0 N to y v 5 .E 23 W N C t W Q a) - • co -a N co C 0 3 C C v N CD N -a N a. C a. ( o 0 0 S v 0 nO v U w C v w S v >. > O a al C co v a c> J aa) N Q) .0 2 Q) Q) C V Cr) £ W N Q) '_ .w .0 N co .c O t "O C QS Q CL U a W C I— "O Q j O V O O w O N t w w Q N M V Z w 0 0 E Q CL, © 1 c Cw / c /� V' ma Es CI • Alost MEM MEM S120,000,000 O O O O O O O O O O O O O O O 0 0 0 0 0 O 0000 R 0 N co L R L • a.) N E112 N E o 7 L w R O w c Q > N o E a) O -c c• 9 --c O • 0 C w L O d (i w 0 co, • w a) i C E a) N ca) E a) a) O O L O R E a O as R •0 L d E • C) V y N 'O L t N • as of ~ • N N i C a) a) a) n R 0 v v -a >, ea � O C _ t E L L w w • a) N O a) y R ea so sal L as o. 0 V N R y w C • '0 LL N • II! O R p ca E i v O w t C 0 (a s •^ • O Q 0 O C 0� N V 'O f3 H 0 L E R (i -0 L RS O _ R o z 3a ea • • D c 0 >- 0 0 E 0) 1 0 O N C a 0 O 0 a 0 a a a 4J 0 c m° C c2 0 0 0 0 c c cc u. E 2 co • c • 0 y'0 c y C 0) y 6 K O¢ N L O) 0 O >, a U C c 2 N n 4 c y N 01 C O a o c_ y 0. CO J y C C _; M • N O > • c o C O v' N C • CO 0 a c C y N O -0 C O IL 0 0 d y' N C si E E o V1 '? y' • O y'y • W A W U J • U � y _ y co r • c 0 C U 0 V O ?'J y t C y .00 .0) y d' O � � w E E 0'0 • NN ° 'a(24 a 0 o d N U N. V a co 0 O a 0 o r 0) U � O) W O >N O 0 a 0 O O IN 0 30 N m m ing reserve y 00.' 0 c' 2 r co v? m m co co co O r o Average Annual Debt Service Coverage N 0) N Current Debt Service Coverage o o o' CO 't CO O o 0 o 0 N M 'I- 01 O) N !L] N r co 0 v C to E �3 .0 1) 0 J d' U U J J U m -'U 0 0 m' 0 0 O LL O 0 -2018) utility rate increases needed to support Utility Operations, non GO.- related Utility c 0> E U _c E co 0 l0 J t Q IJ z'U E U 4 0 J 0 Remaining Events /Actions ) �4 C c 2 c v ct C ca) C C o o o UDQ cu C a) CD o 7 a U 00 Tuesday, December 16, 2008 LO CO 23 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: 12/9/08 AGENDA ITEM: AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAP- TER 23, HEALTH AND SANITATION, SECTION 23 -76, SMOKING PROHIBITIONS, TO RE- PEAL THE EXISTING PROVISIONS OF THE SECTION AND ENACT NEW PROVISIONS REGARDING SMOKING; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION. ISSUE: Proposed repeal of the existing ordinance and enacting new provisions regarding smoking within the City of Corpus Christi. REQUIRED COUNCIL ACTION: Approval or decline of proposed amendment. PREVIOUS COUNCIL ACTION: Approval and passage of original ordinance in 1986, with sub- sequent amendments in 1993, 2005, and 2007. CONCLUSION AND RECOMMENDATION: Approval and passage of amendment. Attachments: None. —425— Oscar Martinez Assistant City Manager for the City Manager BACKGROUND INFORMATION This agenda item is a proposed amendment of Section 23 -76 of the Code of Ordinances, as requested by the Mayor, for the City Council's consideration. Section 23 -76 sets out the provisions of law regarding where smoking may and may not occur within the City of Corpus Christi. —426— AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 23, HEALTH AND SANITATION, SECTION 23 -76, SMOKING PROHIBITIONS, TO REPEAL THE EXISTING PROVISIONS OF THE SECTION AND ENACT NEW PROVISIONS REGARDING SMOKING; PROVIDING FOR SEVERANCE; PROVIDING FOR PENALTIES; AND PROVIDING FOR PUBLICATION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 23, Section 23 -76, Smoking Prohibitions, of the Code of Ordi- nances is repealed in its entirety and new provisions are enacted for Section 23 -76 to read as follows: "(a) Docloration of policy. It is tho intcnt and purpocc of this ccction to providc manioipal facility- -427— EHord251 Verl.doc docienated for noncn.okino safes, contained in thin b action w�Tacrtrtco�rtTO V O Sco[�vr, —428— Page2of11 EHord251 Ver1.doc -429- Page of 11 "f. Entertainment. smelting- jurisdiction. EHord251 Ver1.doc -430- Page 4 of 11 chapter. section, responsible-to• EHord251 Verl.doc -431- Page 5 of 11 "(f) Violations. substanse-etherwise-illegal, EHord251 Verl.doc -432- Page 6 of 11 "Section 23 -76. Smoking prohibitions. "(A) Declaration of policy. It is the intent and purpose of this section to provide citizens' protection from exposure to tobacco, or other, smoke by placing restrictions on smoking within the City of Corpus Christi. The provisions of this section are designed to achieve a reasonable balance between the rights of nonsmokers to breathe clean air and the wishes of smokers. It is declared to be the policy of the City of Corpus Christi to give preferential treatment to nonsmokers when disputes arise. "(8) The following definitions shall apply to this section: "Cigar bar means an establishment used primarily for the sale of cigar and cigar- related products, which sales constitute more than 40% of the total retail sales of the establish -ment and in which the serving of alcoholic beverages are incidental to such retail operations. "Home occupation means any professional or commercial activity which is carried on wholly within a residential building by a member, or members, of a family residing on the premises, in connection with which there are no persons outside the family employed, and which use is otherwise in compliance with the zoning ordinance provisions. When within the previously stated requirements, such home occupation shall be considered a private residence for purposes of this section except when being used as a child care, adult day care, or health care facility. "Private club means an organization, whether incorporated or not, which (1) is the owner, lessee, or occupant of a building or portion thereof used exclusively for club purposes at all times, (2) is operated solely for a fraternal purpose but not for pecuniary gain, (3) only sells alcoholic beverages incidental to its operation, (4) conducts its affairs and management through a board of directors, executive committee, or similar body chosen by the members at an annual meeting, (5) has established bylaws or a constitution to govern its activities, and (6) has been granted an exemption from the payment of federal income tax as a club under 26 U.S.C. Section 501. "Public building means any building other than a building used as a private residence, unless such residence is being used as a child care, adult day care, or health care facility. If a portion of a building is used as a private residence and another portion of the building is used for business purposes or commercial activities, then "public building," as used in this section, shall apply to the portions of the building used for business purposes or commercial purposes, but not the portion used solely as a residence. EHord251 Ver1.doc —433— Page 7 of 11 "Retail tobacco store means a specialty retail establishment used primarily for the sale of tobacco products and accessories and in which the sale of other non - tobacco products is incidental. "Smoke or smoking means inhaling, exhaling, or burning any lighted cigar, cigarette, pipe, or other lighted tobacco product in any manner or form. "(C) It shall be unlawful for any person to perform the following acts in any public building in the City or within ten (10) feet of an entrance used by the public to any public building: "(1) Smoke; "(2) Carry a lighted cigar, cigarette, or tobacco - containing pipe; or "(3) Light a cigar, cigarette, or tobacco - containing pipe. "(D) Posting of signs; removal of ashtrays. "(1) "No Smoking" signs or the international "No Smoking" symbol (consisting of a pictorial representation of a burning cigarette enclosed in a red circle with a red bar across it) shall be clearly and conspicuously posted at every entrance of a public building where smoking is prohibited by this section. "No Smoking" signs or the international "No Smoking" symbol shall be posted by the owner, operator, manager, or other person in control of the premises. "(2) All ashtrays and smoking paraphernalia must be removed by the owner, operator, manager, or other person in control of the premises from any area where smoking is prohibited by this section. "(E) It shall be unlawful for any owner or operator of any public building to place or allow to be placed any of the following items in any public building or within ten (10) feet of an entrance used by the public to any public building: "(1) Ashtrays; "(2) Smoking paraphernalia; or "(3) Signs that indicate that smoking is permitted. "(F) The provisions of this section do not apply to retail tobacco stores and cigar bars so long as smoke from these places does not infiltrate into areas where smoking is prohibited under this section. EHord251 Verl .doc —434— Page 8 of 11 "(G) The provisions of this section do not apply to private clubs so long as smoke from these places does not infiltrate into areas where smoking is prohibited under this section: however, the provisions of this section do apply to a private club when such club is being used for a function to which the general public is invited. "(H) Nothing in this section may be construed to prohibit smoking on outside patios, such as those located at bars, lounges, nightclubs, taverns, and restaurants, if otherwise conducted in compliance with this section, applicable city fire prevention ordinances, and State alcoholic beverage laws. "(I) No area may be designated for smoking by an owner, operator, manager, or other person in control of the premises where prohibited by the city's fire prevention ordinances or another agency having jurisdiction. "(J) Inspection: enforcement. "(1) The owner, operator, manager, or person in control of any premises subiect to this section shall permit the director of health, or the director's designees, entrance to the premises to determine compliance with this section. Such responsibility belongs to all of said persons, and any or all may be prosecuted for a violation of this section. "(2) The director of public health and the director's designees are authorized to serve official notices of violations of this section. "(3) Any person who violates any part of this section commits an offense punishable under sections 1 -6 and 1 -6.1 of the Code of Ordinances. "(K) Miscellaneous. "(1) Nothing in this section may be construed to permit the smoking of any substance otherwise illegal. "(2) When possession of burning tobacco or smoking tobacco is also prohibited by Section 48.01, Texas Penal Code, as to a facility of a public primary or secondary school or an elevator, enclosed theater or movie house, library, museum, hospital, transit system bus, plane, or train which is a public place, such violation shall be prosecuted under State law." SECTION 2. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. EHord251 Verl.doc —435— Page 9 of 11 SECTION 3. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. SECTION 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. EHord251 Vert .doc —436— Page 10 of 11 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and was finally passed on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of , 2008. ATTEST: Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: December 2, 2008 Eliza th R. Hundiet Assi Cant City Attorney for the City Attorney EHord251 Vert.doc —437— Page 11 of 11 24 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 9, 2008 AGENDA ITEM: Resolution approving a business incentive agreement between the Corpus Christi Business and Job Development Corporation and Bayshore Technology Holdings, LLC, which authorizes grants up to $1,711,000 for the creation of full time jobs in Corpus Christi related to the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies; authorizing the City Manager, or designee, to execute a business incentive project support agreement with the Corpus Christi Business and Job Development Corporation regarding implementation and administration of the Bayshore Technology Holdings, LLC, business incentive agreement. ISSUE: To assist in the attraction of long -term investment and the establishment of new jobs in Corpus Christi to enhance the City's economic base. PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends approval to grant business incentives to Bayshore Technology Holdings, LLC for the creation of 295 new full -time permanent jobs in Corpus Christi. Irma Caballero Director of Economic Development —441— BACKGROUND INFORMATION Bayshore Technology Holdings, LLC (Bayshore) is a Technology Patent Portfolio company creating, developing and commercializing applications from Intellectual Property and Patents exclusively licensed and transferred, domestically and internationally. Patent and IP Portfolio includes: • Plasma Medicine, • Gas to Liquid, • Coal to Gas, • Plasma Pharmaceuticals Active Ingredients, • Plasma Energy, and • NANO Technologies Plasma Technology Inc. (PTI), a subsidiary of Bayshore Technology Holdings, is a startup with exclusive license for multiple cold plasma patents from Drexel University. This non - thermal electrical plasma medical application exposes up to 40,000 volts (ionic bombardment) to living tissue with no tissue damage. Blood coagulates in 5 to 15 seconds. This technology kills bacteria, a -coli, and anthrax on contact. Phase I research and development will be conducted at PTI in Corpus Christi, Texas A &M University Corpus Christi, and Texas A &M University. The incubator research and development will be conducted in PTI Corpus Christi and PTI Philadelphia, and Phase I manufacturing will be conducted in Corpus Christi. Human clinical trials will be conducted outside of Corpus Christi. Bayshore will maintain its administration, marketing, sales, and engineering headquarters in Corpus Christi. On October 27, 2008, the Corpus Christi Business and Job Development Corporation (4A Board) approved an incentive agreement with Bayshore Technology Holdings, LLC for the creation of a minimum of 148 full -time permanent jobs up to 295 full -time permanent jobs in Corpus Christi with an average annual salary of $61,000 based on the development and marketing of thermal and non - thermal plasma medical devices. Year Number of New Jobs 2009 26 2010 22 2011 36 2012 51 2013 13 Bayshore agrees to confirm and document to the 4A Board that each job created as a result of funding provided by this agreement is maintained throughout the term of the loan to the business. —442— The 4A Board will award a grant of $5,800 for each new job created and retained. The following is a minimum number of jobs to be created each year: Year Number of New Jobs Total Grants Available 2009 26 $150,800 2010 22 $127,600 2011 36 $208,800 2012 51 $295,800 2013 13 $75,400 PTI is involved in joint research on plasma sterilization technology on produce and meats with Texas A &M University — Corpus Christi and a research project on the effects of thermal plasma on animals. PTI has partnered with Drexel University on a research project associated with the Defense Advanced Research Projects Agency (DARPA) on the sterilization of medical instruments for the military. PTI's partnership also extends to the University of Miami, Miller School of Medicine, for a research project associated with DARPA on the sterilization on soft tissue. PTI is in position to control IP and patents related to electrical plasma in sterilization, wound healing, and blood coagulation utilized in bio- medicine. This "cutting edge" technology represents major steps in bringing faster, cleaner, and non- chemical medicine to the forefront. —443— Page 1 of 3 A RESOLUTION APPROVING A BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND BAYSHORE TECHNOLOGY HOLDINGS, LLC, WHICH AUTHORIZES GRANTS UP TO $1,711,000 FOR THE CREATION OF FULL TIME JOBS IN CORPUS CHRISTI RELATED TO THE DEVELOPMENT AND MARKETING OF THERMAL AND NON - THERMAL PLASMA MEDICAL AND STERILIZATION DEVICES AND GAS TO LIQUID AND COAL TO GAS TECHNOLOGIES; AUTHORIZING THE CITY MANAGER, OR DESIGNEE, TO EXECUTE A BUSINESS INCENTIVE PROJECT SUPPORT AGREEMENT WITH THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION REGARDING IMPLEMENTATION AND ADMINISTRATION OF THE BAYSHORE TECHNOLOGY HOLDINGS, LLC, BUSINESS INCENTIVE AGREEMENT WHEREAS, the Corpus Christi Business and Job Development Corporation ( "4A Board ") has budgeted funds to assist business in Corpus Christi, Texas. WHEREAS, in 2007, the 4A Board requested proposals and determined that the proposal from Bayshore Technology Holdings, LLC, ( "Bayshore "), best provided assistance for business support; WHEREAS, City Council deems that it is the best interest of the City and citizens to approve the business incentive project support agreement; and WHEREAS, there is a need for a business incentive project support agreement between the City of Corpus Christi ( "City ") and the 4A Board for the implementation and administration of the business incentive agreement with Bayshore for the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS: SECTION 1. That the business incentive agreement between the 4A Board and Bayshore, which authorizes grants up to $1,711,000 for the creation of full time jobs in Corpus Christi related to the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies, and which is attached to this resolution as Exhibit A, is approved. SECTION 2. That the City Manager, or designee, is authorized to execute a project support agreement between the City and 4A Board for the implementation and administration of the business incentive agreement with Bayshore for the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies, which is attached to this resolution as Exhibit B. RESOLUTION — Business Agreement — Bayshore 12O12QQ11421 _ ATTEST: CITY OF CORPUS CHRISTI Page 2of3 Armando Chapa Henry Garrett City Secretary Mayor APPROVED as to form: December Q , 2008 R. Jay Reining‘_) First Assistant City Attorney For the City Attorney RESOLUTION — Business Agreement — Bayshore 1201200Ln 5_ Page 3 of 3 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 RESOLUTION — Business Agreement — Bayshore 12012(1446_ BUSINESS INCENTIVE AGREEMENT BETWEEN THE CORPUS CHRISTI BUSINESS AND JOB DEVELOPMENT CORPORATION AND BAYSHORE TECHNOLOGY HOLDINGS, LLC, FOR THE DEVELOPMENT AND MARKETING OF THERMAL AND NON - THERMAL PLASMA MEDICAL AND STERILIZATION DEVICES This Business Incentive Agreement for ( "Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ( "Corporation ") and Bayshore Technology Holdings, LLC, a Texas limited liability corporation ( "Bayshore "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City of Corpus Christi ( "City ") passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1 /8th cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corpus Christi Business and Job Development Corporation Board; WHEREAS, the Corpus Christi Business and Job Development Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Bayshore is a Texas limited liability corporation whose principal mission is the development and marketing of thermal and non - thermal plasma medical devices and gas to liquid and coal to gas technologies; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas that business development funds be provided to Bayshore, through this contract with Bayshore, to be used by Bayshore for the development and Page 1 of 10 BUSINESS INCENTIVE AGREEMENT -- Bayshore Technolog4I iags — 1202200BLA.doe CvL:L:a n marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies, which will result in creation of minimum of 148 new full -time permanent jobs up to 295 new full -time permanent jobs in the city of Corpus Christi. In consideration of the covenants, promises, and conditions stated in this Agreement, Corporation and Bayshore agree as follows: 1. Effective Date. The effective date of this Agreement ( "Effective Date ") is the latest date that either party executes this Agreement. 2. Term. The term of this Agreement is for one year from January 1, 2009, through December 31, 2009. This agreement may be extended at the option of the Corporation for up to four additional one year terms, contingent upon annual appropriation of funds and approval of the City Council. 3. Performance Requirements and Grants. a. Bayshore, through its subsidiaries, Plasma Technologies, Inc., shall research, develop, and commercialize thermal and non - thermal plasma medical and sterilization devices. b. Bayshore, through its subsidiary, CGL, Inc., shall research, develop, and commercialize gas to liquid and coal to gas technologies. Gas to liquid technology is partial oxidation or direct non - catalytic oxidation of methane and its homologies to methanol, formaldehyde, and other oxygenates (DMTM). Coal to gas technology is plasma assisted conversion of powdered coal into liquid fuel or hydrogen rich gas (syngas). c. Bayshore will maintain its administration, marketing, sales, and engineering headquarters in Corpus Christi. d. Bayshore, through its subsidiaries, Plasma Technologies, Inc., and CGL, Inc., shall create the following new, full -time jobs within the City, with an average annual salary of $61,000.00: Year Number of New Jobs 2009 26 2010 22 2011 36 2012 51 2013 13 Page 2 of 10 BUSINESS INCENTIVE AGREEMENT -- Bayshore Techno rdioldings -• 120220081.A.doc e. The Corporation will award a grant of $5,800.00 for each new job created and retained. Following is the minimum number of jobs to be created each year Year Number of New Jobs Total Grants Available 2009 26 $150,800.00 2010 22 $127,600.00 2011 36 $208,800.00 2012 51 $295,800.00 2013 13 $75,400.00 4. Job Creation Qualification. a. In order to count as a created job under this Agreement, the job must pay wages as required by Section 38(b) of the Development Corporation Act of 1979, as amended, which is the median wage of the occupation in the Corpus Christi MSA as determined by Texas Workforce Commission's Texas Industry Profiles report. b. A full -time permanent job is one that provides at least 2,080 hours annually. c. Bayshore agrees to confirm and document to the Corporation that each job created as a result of funding provided by this Agreement is maintained throughout the term of the loan to the Business. d. Bayshore agrees to provide Corporation with a sworn certificate by authorized representative of each shall business assisted under this Agreement certifying the number of full -time permanent employees employed by the business. e. Bayshore shall ensure that the Corporation is allowed reasonable access to personnel records of the Business assisted under this Agreement. 5. Buy Local Provision. a. Bayshore agrees to use its best efforts to give preference and priority to local manufacturers, suppliers, contractors, and labor, except where not reasonably possible to do so without added expense, substantial inconvenience, or sacrifice in operating efficiency. b. For the purposes of this section, the term "local" as used to describe manufacturers, suppliers, contractors, and labor includes firms, businesses, and persons who reside in or maintain an office within a 50- mile radius of Nueces County. Page 3 of 10 BUSINESS INCENTIVE AGREEMENT -- Bayshore Technoln44igdings — 12022008LA.doc 6. Warranties. Bayshore warrants and represents to Corporation the following: a. Bayshore is a corporation duly organized, validly existing, and in good standing under the laws of the State of Texas, has all corporate power and authority to carry on its business as presently conducted in Corpus Christi, Texas. b. Bayshore has the authority to enter into and perform, and will perform, the terms of this Agreement. c. Bayshore has timely filed and will timely file all local, State, and Federal tax reports and returns required by laws to be filed and all Texas, assessments, fees, and other governmental charges, including applicable ad valorem taxes, have been timely paid, and will be timely paid , during the term of this Agreement. d. Bayshore has received a copy of the Texas Development Corporation Act of 1979, Art. 5190.6, Vemon's Texas Revised Civil Statutes, and acknowledges that the funds granted in this Agreement must be utilized solely for purposes authorized under State law and by the terms of this Agreement. e. If an audit determines that the funds were not used for authorized purposes, Bayshore agrees to reimburse Corporation for the sums of money spent for purposes not authorized by law within 30 days written notice requesting reimbursement. f. The parties executing this Agreement on behalf of Bayshore are duly authorized to execute this Agreement on behalf of Bayshore. 7. Compliance with Laws. Bayshore shall observe and obey all applicable laws, ordinances, regulations, and rules of the Federal, State, county, and city governments. 8. Non - Discrimination. Bayshore covenants and agrees that Bayshore will not discriminate nor permit discrimination against any person or group of persons, with regard to employment and the provision of services at, on, or in the Facility, on the grounds of race, religion, national origin, marital status, sex, age, disability, or in any manner prohibited by the laws of the United States or the State of Texas. 9. Force Majeure. If the Corporation or Bayshore are prevented, wholly or in part, from fulfilling its obligations under this Agreement by reason of any act of God, unavoidable accident, acts of enemies, fires, floods, governmental restraint or regulation, other causes of force majeure, or by reason of circumstances beyond its control, then the obligations of the Corporation or Bayshore are temporarily suspended during continuation of the force majeure. If either party's obligation is affected by any of the causes of force majeure, the party affected shall promptly notify the other party in writing, giving full particulars of the force majeure as soon as possible after the occurrence of the cause or causes relied upon. Page 4 of 10 BUSINESS INCENTIVE AGREEMENT -- Bayshore Technoi;59 ldings — 12022008LA.doc 10. Assignment. Bayshore may not assign all or any part of its rights, privileges, or duties under this Agreement without the prior written approval of the Corporation and City. Any attempted assignment without approval is void, and constitutes a breach of this Agreement. 11. Indemnity. Bayshore covenants to fully indemnify, save, and hold harmless the Corporation, the City, their respective officers, employees, and agents (' Indemnitees") against all liability, damage, loss, claims demands, and actions of any kind on account of personal injuries (including, without limiting the foregoing, workers' compensation and death claims), or property loss or damage of any kind, which arise out of or are in any manner connected with, or are claimed to arise out of or be in any manner connected with Bayshore activities conducted under or incidental to this Agreement, including any injury, loss or damage caused by the sole or contributory negligence of any or all of the Indemnitees. Bayshore must, at its own expense, investigate all those claims and demands, attend to their settlement or other disposition, defend all actions based on those claims and demands with counsel satisfactory to Indemnitees, and pay all charges of attorneys and all other cost and expenses of any kind arising from the liability, damage, loss, claims, demands, or actions. 12. Events of Default. The following events constitute a default of this Agreement: a. Failure of Bayshore to timely, fully, and completely comply with any one or more of the requirements, obligations, duties, terms, conditions, or warranties of this Agreement. b. The Corporation or City determines that any representation or warranty on behalf of Bayshore contained in this Agreement or in any financial statement, certificate, report, or opinion submitted to the Corporation in connection with this Agreement was incorrect or misleading in any material respect when made; c. Any judgment is assessed against Bayshore or any attachment or other levy against the property of Bayshore with respect to a claim remains unpaid, undischarged, or not dismissed for a period of 30 days. d. Bayshore makes an assignment for the benefit of creditors. e. Bayshore files a petition in bankruptcy, or is adjudicated insolvent or bankrupt. f. If taxes owed by Bayshore become delinquent, and Bayshore fails to timely and properly follow the legal procedures for protest or contest. Page 5 of 10 BUSINESS INCENTIVE AGREEMENT — Bayshore Technolag45otdjngs -- 12022008LA.doc g. Bayshore changes the general character of business as conducted of the date this Agreement is approved by the Corporation. 13. Notice of Default. Should the Corporation or City determine that Bayshore is in default according to the terms of this Agreement, the Corporation or City shall notify Bayshore in writing of the event of default and provide 60 days from the date of the notice ( "Cure Period ") for Bayshore to cure the event of default. 14. Results of Uncured Default. After exhausting good faith attempts to address any default during the cure Period, and taking into account any extenuating circumstances that might have occurred through no fault of Bayshore, as determined by the Board of Directors of the Corporation, the following actions must be taken for any default that remains uncured after the Cure Period. a. Bayshore shall immediately repay all funds paid by Corporation under this Agreement. b. Bayshore shall pay Corporation reasonable attorney fees and costs of court to collect amounts due to Corporation. c. The Corporation shall have no further obligations to Bayshore under this Agreement. d. Neither the City nor the Corporation may be held liable for any consequential damages. e. The Corporation may pursue all remedies available under law. 15. No Waiver. a. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, constitutes a waiver of any subsequent breach of the covenant or condition of the Agreement. b. No waiver of any covenant or condition, or the breach of any covenant or condition of this Agreement, justifies or authorizes the nonobservance on any other occasion of the covenant or condition or any other covenant or condition of this Agreement. c. Any waiver or indulgence of Bayshore' default may not be considered an estoppel against the Corporation. d. It is expressly understood that if at any time Bayshore is in default in any of its conditions or covenants of this Agreement, the failure on the part of the Corporation to promptly avail itself of the rights and remedies that the Corporation may have, will not be considered a waiver on the part of the Corporation, but Corporation may at any time avail itself of the rights or remedies or elect to terminate this Agreement on account of the default. Page 6 of 10 BUSINESS INCENTIVE AGREEMENT -- Bayshore Techn24512oldings -- 1120220081A.doc 16. Bayshore specifically agrees that Corporation shall only be liable to Bayshore for the actual amount of the money grants to be conveyed to Bayshore , and shall not be liable to Bayshore for any actual or consequential damages, direct or indirect, interest, attorney fees, or cost of court for any act of default by Corporation under the terms of this agreement. Payment by Corporation is strictly limited to those funds so allocated, budgeted, and collected solely during the grant term of this agreement, being January 1, 2009, through December 31, 2009. Corporation shall use its best efforts to anticipate economic conditions and to budget accordingly. However, it is further understood and agreed that, should the actual total sales tax revenue collected for any one year be less than the total amount of grants to be paid to all contracting parties with Corporation for that year, then in that event, all contracting parties shall receive only their pro rata share of the available sales tax revenue for that year, less Corporation's customary and usual costs and expenses, as compared to each contracting parties' grant amount for that year, and Corporation shall not be liable to for any deficiency at that time or at any time in the future. In this event,. Corporation will provide all supporting documentation, as requested. Payments to be made shall also require a written request from Bayshore to be accompanied by all necessary supporting documentation. 17. Notices. a. Any required written notices shall be sent mailed, certified mail, postage prepaid, addressed as follows: Bayshore: Bayshore Technology Holdings, LLC Attn: Bert Quintanilla, Manager 800 N. Shoreline, Suite 800 S Corpus Christi, Texas 78401 Corporation: City of Corpus Christi Business and Job Development Corporation Attn.: Executive Director 1201 Leopard Street Corpus Christi, Texas 78401 b. A copy of all notices and correspondence must be sent the City at the following address: City of Corpus Christi Attn.:City Manager P.O. Box 9277 Corpus Christi, Texas 78469 -9277 c. Notice is effective upon deposit in the United States mail in the manner provided above. Page 7 of 10 BUSINESS INCENTIVE AGREEMENT — Bayshore Technolgg4jpgs — 12022008LA.doc 18. Incorporation of other documents. The Corpus Christi Business and Job Development Corporation Guidelines and Criteria for Granting Business Incentives ("Corporation Guidelines "), as amended, are incorporated into this Agreement. 19. Amendments or Modifications. No amendments or modifications to this Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 20. Relationship of Parties. In performing this Agreement, both the Corporation and Bayshore will act in an individual capacity, and not as agents, representatives, employees, employers, partners, joint - venturers, or associates of one another. 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. 21. Captions. The captions in this Agreement are for convenience only and are not a part of this Agreement. The captions do not in any way limit or amplify the terms and provisions of this Agreement. 22. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Agreement or the application of this Agreement 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 the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Agreement 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 by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Agreement automatically. 23. Venue. Venue for any legal action related to this Agreement is in Nueces County, Texas. 24. Sole Agreement. This Agreement constitutes the sole agreement between Corporation and Bayshore. Any prior agreements, promises, negotiations, or representations, verbal or otherwise, not expressly stated in this Agreement, are of no force and effect. Page 8 of 10 BUSINESS INCENTIVE AGREEMENT -- Bayshore Techr1212p5 49.1.dings -- 12022008LA.doc Corpus Christi Business & Job Development Corporation By: Date: Attest: By: Eloy Salazar Chairperson Armando Chapa Assistant Secretary Page 9 of 10 BUSINESS INCENTIVE AGREEMENT — Bayshore Techno10 ' 5dings — 120220081A.doc Bayshore Technology Holdings, LLC By: Bert Quintanilla Manager Date: THE STATE OF TEXAS COUNTY OF NUECES This instrument was acknowledged before me on , 2008, by Bert Quintanilla, Manager, Bayshore Technology Holdings, LLC, a Texas limited liability corporation, on behalf of the corporation. Notary Public State of Texas Page 10 of 10 BUSINESS INCENTIVE AGREEMENT — Bayshore Techraokia Ooldings — 12022008LA.doc BUSINESS INCENTIVE PROJECT SERVICE AGREEMENT This Business Incentives Project Service Agreement ( "Project Service Agreement ") is entered into between the Corpus Christi Business and Job Development Corporation ("Corporation ") and the City of Corpus Christi, Texas ( "City "). WHEREAS, the Texas Legislature in Section 4A of Article 5190.6, Vernon's Texas Revised Civil Statutes (Development Corporation Act of 1979) empowered local communities with the ability to adopt an optional local sales and use tax as a means of improving the economic health and prosperity of their citizens; WHEREAS, on November 5, 2002, residents of the City passed Proposition 2, New and Expanded Business Enterprises, which authorized the adoption of a sales and use tax for the promotion and development of new and expanded business enterprises at the rate of one - eighth of one percent to be imposed for 15 years; WHEREAS, the 1/8 cent sales tax authorized by passage of Proposition 2 was subsequently enacted by the City Council and filed with the State Comptroller of Texas, effective April 1, 2003, to be administered by the Corporation's Board of Directors; WHEREAS, the Corporation exists for the purposes of encouraging and assisting entities in the creation of jobs for the citizens of Corpus Christi, Texas; WHEREAS, the Board of Directors of the Corporation ( "Board "), on September 10, 2007, amended the Corporation's Guidelines and Criteria for Granting Business Incentives; WHEREAS, Section 21 of the Texas Development Corporation Act of 1979, Art. 5190.6, Vernon's Texas Revised Civil Statutes, requires the City Council to approve all programs and expenditures of the Corporation; WHEREAS, the City Council approved the Corporation's amended Guidelines and Criteria for Granting Business Incentives on September 18, 2007; WHEREAS, Bayshore Technology Holdings, LLC, has submitted a proposal to the Corporation for $858,400 for the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies; WHEREAS, the Board has determined that it is in the best interests of the citizens of Corpus Christi, Texas, to fund the Bayshore Technology Holdings, LLC,'s the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies; and WHEREAS, the Corporation and Bayshore Technology Holdings, LLC, have executed a business incentive project agreement for the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies. 4" ?fie 1 of Project Support Agreement 4A-City — Bayshore 12012008.doc In consideration of the covenants, promises, and conditions stated in this Project Service Agreement, the Corporation and the City agree as follows: 1. Project Service Agreement to Implement Business Incentives Agreement. This Project Service Agreement between the City and the Corporation is executed to implement the Business Incentive Agreement for the development and marketing of thermal and non - thermal plasma medical and sterilization devices and gas to liquid and coal to gas technologies between the Corporation and Bayshore Technology Holdings, LLC, ( "Business Incentive Agreement "). 2. Term. The term of this Project Service Agreement runs concurrently with the term of the Business Incentive Agreement. 3. Services to be Provided by City. a. The City Manager, or the City Manager's designee, shall administer funding on behalf of the Corporation. b. The City Manager, or the City Manager's designee, shall perform contract administration responsibilities outlined in the Business Incentive Agreement for the Corporation. 4. Appropriation of Funds. Any future payments by the City are subject to appropriation of funds by City's Council. 5. Effective Date. The effective date of this Project Service Agreement is the latest date that either party executes this Agreement. 6. Amendments or Modifications. No amendments or modifications to this Project Service Agreement may be made, nor any provision waived, unless in writing signed by a person duly authorized to sign agreements on behalf of each party. 7. Severability. a. If for any reason, any section, paragraph, subdivision, clause, provision, phrase or word of this Project Service Agreement or the application of this Project Service Agreement 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 Project Service Agreement, or the application of the term or provision to persons or circumstances other than those as to which it is held illegal, invalid, or unenforceable, will not be affected by the law or judgment, for it is the definite intent of the parties to this Project Service Agreement that every section, paragraph, subdivision, clause, provision, phrase, or word of this Project Service Agreement 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 Project AR ?age 2of3 Project Support Agreement 4A -City -- Bayshore 12012008 Od Service Agreement, then the remainder of this Project Service Agreement is not affected by the law, and in lieu of any illegal, invalid, or unenforceable clause or provision, a clause or provision, as similar in terms to the illegal, invalid, or unenforceable clause or provision as may be possible and be legal, valid, and enforceable, will be added to this Project Service Agreement automatically. 8. Captions. The captions in this Project Service Agreement are for convenience only and are not a part of this Project Service Agreement. The captions do not in any way limit or amplify the terms and provisions of this Project Service Agreement. The City of Corpus Christi Corpus Christi Business & Job Development Corporation 'Angel R. Escobar Eloy Salazar Interim City Manager Chairperson Date: Date: Attest Armando Chapa City Secretary Approved as to Legal Form: December , 2008. R. Jay Reining First Assistant City Attorney for City Attorney age 3 of 3 Project Support Agreement 4A -City -- Bayshore 12012008.30 5 a- 25 CITY COUNCIL AGENDA MEMORANDUM December 9, 2008 AGENDA ITEM: ORDINANCE GRANTING TO AEP TEXAS CENTRAL COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON - EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS -OF -WAY OF THE CITY OF CORPUS CHRISTI, TEXAS ISSUE: The franchise with AEP is a 25 year term, commencing effective January 1, 2003, and ending December 31, 2028. Additional terms and conditions are summarized in the background information. REQUIRED COUNCIL ACTION: Approval of the Ordinance. CONCLUSION AND RECOMMENDATION: Approval of the Ordinance. -463- udy Ga Director of Intergovernmental Relations BACKGROUND INFORMATION: Summary of Terms and Conditions for AEP Franchise: Term: 25 year term retroactive to January 1, 2003, the date which the previous franchise expired, thru December 31, 2028. Compensation for use of City right of way: Monthly payment to City of $0.002417 per KWh delivered by AEP (Same rate as previous franchise as established by state law in 1999). Additional Compensation: City may adopt an ordinance to incrementally increase KWh rate every 4 years, not to exceed $.0036255 (which represents up to a 50% increase in the franchise fee), subject to AEP's ability to pass through increase to rate payers. ❑ While existing franchise fee expenses are built into AEP's rate structure, this option for any increase in the franchise fee paid to the city would be billed to customers under a separate rider. ❑ Consideration would need to be given at the appropriate time of consideration of such a measure as to the potential impact to higher usage customers. Relocation Expenses: AEP is to relocate its facilities at AEP expense for street widening and street straightening in accordance with state law. ❑ AEP agrees to potentially bear additional expenses for relocation when requested by City Manager for City to meet ADA requirements, subject to Legislative or Public Utilities Commission approval of a streamlined regulation mechanism for AEP recovery of these additional costs. ❑ AEP has drafted a letter agreement (see related attachment) expressing its intent to pursue streamlined distribution mechanism either through the 2009 legislature, or in proceeding at the Public Utilities Commission. The City agrees to support AEP in its endeavor to implement streamlined distribution regulations for this purpose. ❑ As a historical point of reference, the City and AEP have developed a cooperative approach to situations where a conflict exists with existing infrastructure associated with ADA related projects. Over the last year, only two AEP poles required relocation for ADA related purposes, and in both of those cases, AEP relocated their poles at no cost to the city. In most cases, design consideration is given to avoiding the need for relocation of AEP facilities so as to not create a conflict if possible. -464- AEP Franchise Payment History: Year Franchise Payment • 1999 $8,814,611 • 2000 $9,208,611 • 2001 $11,515,577 • 2002 $10,102,062 • 2003 $8,898,951 • 2004 $8,705,598 • 2005 $9,020,344 • 2006 $9,382,079 • 2007 $9,263,025 • 2008 $9,303,255 (rolling 12 -month payments YTD) Note: While factor is held constant, variables that affect franchise payments include load growth thru development, weather patterns, system expansion, etc. AEP continues to make quarterly franchise payments to the City in accordance with the expired franchise agreement. —465— November 5, 2008 Mr. `Angel R. Escobar Interim City Manager City of Corpus Christi P. 0. Box 9277 Corpus Christi, Texas 78469 -9277 RE: Corpus Christi Franchise renewal with AEP Texas Central Company Dear Mr. Escobar: Pni:lo 11. 1.1eqdv As you know, the City of Corpus Christi ( "City ") and AEP Texas Central Company ( "AEP ") are currently in negotiations to reach agreement on terms and provisions for a renewal of the electric franchise for the City ( "Franchise Agreement "). In connection with those negotiations, AEP has offered to include in the Franchise Agreetent the following assurance with respect to the payment of expenses for the relocation of its facilities in response to requests by the City to meet its Americans with Disabilities Act compliance requirements: "Notwithstanding anything to the contrary herein contained, AEP agrees to bear the expenses for any removal, relocation, change or alteration of its Facilities when requested by the City Manager for the City to meet Americans with Disabilities Act ( "ADA ") compliance when and if the PUCT approves a streamlined regulation mechanism for including recovery of distribution investments in rates and the AEP capital investments incurred to meet the City's ADA compliance are recoverable through such streamlined distribution regulations." The City has now asked for further assurances of AEP's intent to pursue the implementation of streamlined distribution regulations by statutory change initiated during the next Texas legislative session, which begins in January 2009, or through a regulatory proceeding before the Public Utility Regulatory Commission of Texas ( "PUCT "). in response to the City's request, AEP hereby expresses its intent to pursue such streamlined distribution regulations through either a legislative change during the next legislative session beginning in January 2009, and/or a proceeding before the PUCT. AEP does not guarantee or warrant in any manner whatsoever that a favorable outcome, meaning one meeting the City's expectations, will result from AEP's actions. -466- Nir. 'Angel 12. Escobar November 5, 2008 l'age 2 The City agrees that it will support AEP in this endeavor by providing information available to it and other reasonable assistance to AEP to assist AEP in its efforts to implement streamlined distribution regulations in Texas. If the further assurances and commitments set out above meet with the City's approval, please so indicate by signing and returning a copy of this letter to me. Very truly yours, ) / Pablo A. Vegas President and Chief Operating Officer, AEP Texas Central Company -;7 cc: Ken Griffin Richard Byrne Rhonda Ryan Paul Burdeaux ACKNOWLEDGED AND AGREED, this CITY OF CORPUS CHRISTI By: `Angel R. Escobar, Interim City Manager Approved as to form: Lisa O. Aguilar, Sr. Asst. City Attorney day of November, 2008. Doc11370504.i,1 Dale: 11/5/2008 10:02 AM Writer's Direct Number. 361. 801 -5321 -467- Execution Version AN ORDINANCE GRANTING TO AEP TEXAS CENTRAL COMPANY, ITS SUCCESSORS AND ASSIGNS, A NON - EXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND OPERATE LINES AND APPURTENANCES AND APPLIANCES FOR CONDUCTING ELECTRICITY IN, OVER, UNDER AND THROUGH THE STREETS, AVENUES, ALLEYS AND PUBLIC RIGHTS -OF- WAY OF THE CITY OF CORPUS CHRISTI, TEXAS WHEREAS, AEP Texas Central Company, (hereinafter "AEP ") has been engaged in the electric power business in the State of Texas and the City of Corpus Christi (hereinafter the "City") for many years; and, WHEREAS, AEP has operated under franchises from the City for many years, and it is to the mutual benefit of AEP and the City that the City renew its grant of a franchise to AEP under the terms and conditions contained herein. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Grant of Franchise. Pursuant to Article IX of its Charter and other applicable law, City hereby grants to AEP and its successors and assigns the non - exclusive right, privilege, franchise, and authority to set, erect, construct, support, attach, connect, extend, and stretch Facilities between, and maintain and operate and use lines and other Facilities in, above, under, across, and along the Public Rights -of -Way of the City, as the same now exist or may hereafter be laid out, in the City of Corpus Christi, Texas, for the transmission and distribution of electric energy and services incidental thereto either by means of overhead or underground conductors, with all necessary or desirable appurtenances and appliances, as currently installed or that may be installed in the future, including but not limited to: 1) underground conduits, poles, towers, wires and transmission lines, ducts, cables, braces, guys, anchors, manholes and vaults, transformers, switches, meter - reading devices, outdoor lighting, and fixtures, 2) communication systems and fiber optic cable and telegraph and telephone wires for its own use in its delivery of electricity, and 3) any and all other equipment, appliances, attachments, appurtenances and other items necessary, convenient, or in any way appertaining to any and all of the foregoing (hereinafter "Facilities ") for the purpose of transmitting and distributing electrical energy to said City and the inhabitants thereof, and persons and corporations within and beyond the limits thereof, for light, heat, power and similar purposes (and for broadband over power lines as set forth below) and to license or lease space on or within the AEP's poles, conduit and appurtenant facilities for the attachment of third party facilities required or authorized under applicable law. "Public Rights -of -Way" shall mean all rights -of -way for public roads, streets, avenues, alleys, sidewalks, highways, and all other public property of the City as the same now exist or may be hereafter laid out, platted, dedicated, acquired or improved within the present limits of the City and as such limits may be hereafter extended; and all utility easements either City owned, controlled or dedicated for the placement and location of various utilities (whether over public or private lands), except those dedicated for water, sewer, gas or other specific Doc #198693.v12 Date: 11/5/2008 10:35 AM 1 —468-- Execution Version purposes only. Public Rights -of Way also specifically includes public parks, public squares, greenbelts, green space, drainage easements, and other areas set aside by the City for public recreation or other public use. The grant made herein is effective only to the extent of the City's interest in a particular right -of -way; it does not grant any interest lawfully owned or retained by another person. This grant does not include the right to use the Public Rights -of -Way to conduct other businesses such as telecommunications or cable television even though electrical energy may be used for those purposes. The City acknowledges AEP's right under Texas Utilities Code Section 43.101(d) to operate a Broadband Over Power Lines ("BPL") System without additional compensation for so long as such right exists under law. The City reserves its rights under Texas Utilities Code Section 43.101(e) or other existing or subsequently enacted laws with respect to BPL. Notwithstanding the foregoing, the grant herein to use drainage easements is specifically conditioned upon AEP's securing the City's written consent, through its Director of Engineering Services: 1) before any new Facilities may be placed in a drainage easement, and 2) before existing Facilities in a drainage easement may be expanded or altered (does not include normal maintenance). Before consent is granted, the Director must determine that the proposed new Facilities or the existing Facilities as expanded or altered, will not unduly impede the drainage function of the easement and will not unduly impede City access to the easement for maintenance, including mowing. The Facilities will be located as close as feasible to the edge of the easement without creating an encroachment on adjoining private property. From and after the effective date of this franchise, the placement and location of Facilities in public parks, public squares, greenbelts, green spaces, and other areas set aside by the City for public recreation or other public use will be covered under a special permit or specific express easement granted to AEP for such purposes. Facilities existing in those areas at the commencement of this franchise shall be exempted from such requirement. Requests for special permits or specific express easements shall not be unreasonably withheld, so long as the location and placement of the Facilities does not unreasonably interfere with the City's use and enjoyment of the area for public recreation or other public purposes. The right granted to AEP to license or lease space on or within the company's poles, conduit and appurtenant facilities for the attachment of third party facilities shall not constitute a grant by the City to the third party to locate and place facilities in, above, under, across, or along the Public Rights -of -Way nor does it delegate the right to AEP to grant such a right. AEP shall, within a reasonable time following its acceptance of this franchise and to the extent such information is available, furnish to City a list of the names, addresses, phone numbers, and representatives of each person or entity licensing or leasing space on AEP's poles, conduits and appurtenant facilities for the attachment of third party facilities so that City can ensure that each such person or entity has been authorized by City to use City property. For the purposes of this section, "reasonable time" shall not be more than 60 days, unless both AEP and the City agree to extend the period of time as may be necessary for AEP to comply with this provision. AEP will update the list annually thereafter. AEP does not warrant the Doc #198693.v12 Date: 11/5/2008 10:35 AM 2 —469— Execution Version accuracy of any such information provided, and to the extent locations of attachment and/or locations of Facilities are described or shown, such locations of attachment and locations of Facilities are described or shown in their approximate locations. All information provided respecting attachments and locations of Facilities shall be used by the City solely for auditing and managing the Public Rights -of -Way, and City shall take all prudent steps required by applicable law to prevent disclosure or dissemination of such information, without the prior express written consent of AEP. SECTION 2. Term. The franchise granted by this ordinance shall be for a term of twenty-five (25) years, commencing on January 1, 2003, and expiring on December 31, 2028, at midnight. SECTION 3. Construction and Maintenance Activities. (a) AEP Facilities shall be constructed and maintained in accordance with Good Utility Practices, as defined by the Public Utility Regulatory Commission of Texas ( "PUCT "), and in conformity with the National Electrical Safety Code ( "NESC ") and all applicable federal, state, and local laws and regulations governing operations in the Public Rights of Way, and so as not to interfere unreasonably with traffic over streets, alleys, and sidewalks, the flow of storm water in any gutter, drain, sewer, or open drainage system, or with the City's water, wastewater, storm water and gas utility operations. "Constructed and maintained" includes installation, construction, relocation, maintenance, repair, and removal. (b) The surface of any Right -of -Way disturbed by AEP in the construction or maintenance of its Facilities shall be restored within a reasonable time after the completion of the work to as near as practical to its original condition as before the commencement of the work. Absent some independent intervening event or condition beyond AEP's reasonable control, should the City reasonably determine, within one year from the date of such restoration, that such surface requires additional restoration work to place it in as near as practical to its original condition as before the commencement of the work, AEP shall perform such additional restoration work to the reasonable satisfaction of the City. No Right - of -Way shall be obstructed for a longer period or to a greater extent than shall be reasonably necessary to execute all work. (c) In constructing and maintaining its Facilities, AEP shall not disturb City's street pavement, water, wastewater, gas, and storm water facilities without the approval of the City's Director of Engineering, except during an emergency. Other than its regulatory fees governing excavations, no fees shall be charged by the City for its review and approval, which shall not be unreasonably withheld, delayed or conditioned so as not to unreasonably interfere with AEP's obligation to serve or with customer response time. As soon as practicable after an emergency, AEP shall report the emergency work performed to the Director of Engineering. AEP shall, at its sole cost and expense, refill and repair (including by repaving any cut in any pavement or sidewalk) all excavations made by AEP in the Public Rights -of- Way and all damage to City's streets, water, wastewater, gas, and storm water facilities in connection with the construction and maintenance of AEP's Facilities. Likewise, City shall, at its sole cost and expense, refill, repair and return to grade all excavations made by City in Doc #198693.v12 Date: 11/5/2008 10:35 AM 3 —470— Execution Version the Public Rights -of -Way and all damage to AEP's Facilities in connection with the construction, maintenance and modification of City's Facilities. Provided, however, the City's liability for damages under this Section 3(c) shall not exceed its limits of liability under the Texas Tort Claims Act. (d) AEP shall contain loose dirt and prevent erosion caused by its construction and maintenance activities, all in accordance with applicable Texas Commission on Environmental Quality ( "TCEQ ") storm water regulations. SECTION 4. Relocations and Securing Facilities. (a) City reserves the right to construct, maintain, and modify its facilities for City operations including streets, curbs, sidewalks, water, wastewater, gas, storm water, and communications for its own use (herein "City Facilities "). City shall give written notice to AEP whenever City has determined that removal, relocation, change or alteration of AEP's Facilities is reasonably necessary for construction, maintenance, or modification of City Facilities. Alteration includes, without limitation, adjusting AEP manholes to a height even with the street surface. The amount of notice provided to AEP shall be reasonable under the circumstances, but not less than thirty (30) days. Upon notice by City, AEP shall, temporarily or permanently, remove, relocate, change or alter the position of AEP's Facilities as soon as reasonably practical. AEP shall bear the expenses for any removal, relocation, change or alteration to permit the widening or straightening of a street, in accordance with Section 37.101(c), Texas Utilities Code. City shall bear the expenses for any other City requested removal, relocation, change or alteration unless applicable state or federal law requires AEP to bear such expenses. Notwithstanding anything to the contrary herein contained, AEP agrees to bear the expenses for any removal, relocation, change or alteration of its Facilites when requested by the City Manager for the City to meet Americans with Disabilities Act ( "ADA ") compliance when and if the PUCT approves a streamlined regulation mechanism for including recovery of distribution investments in rates and the AEP capital investments incurred to meet the City's ADA compliance are recoverable through such streamlined distribution regulations. (b) In situations where City does not require removal, relocation, change or alteration of AEP Facilities, AEP shall take responsibility for securing its poles and facilities during City operations. (c) In situations where AEP is required by the City to remove or relocate its Facilities to accommodate widening or straightening of a street by City, and AEP is eligible under federal, state, county, City or other local agencies or programs for reimbursement of costs and expenses incurred by AEP as a result of such removal or relocation and such reimbursement is required to be handled through the City, AEP's costs and expenses shall be included in any application by the City for reimbursement, if AEP submits is cost and expense documentation to the City prior to the filing of the application. City shall provide reasonable notice to AEP of the deadline for AEP to submit documentation of the costs and expenses of such relocation to the City. Doc #198693.v12 Date: 11/5/2008 10:35 AM 4 —471— Execution Version (d) As to any removal, relocation, change or alteration of AEP's Facilities whereby the cost and expense thereof is to be borne by AEP in accordance with this Section 4, AEP may, after receipt of written notice requesting such removal, relocation, change or alteration, submit in writing to the City alternatives to City's construction plans, which would obviate the need for AEP to remove, relocate, change or alter its Facilities. Upon the City's receipt from AEP of such written alternatives, the City shall evaluate such alternatives and shall advise AEP in writing if one or more of such alternatives are suitable to accommodate its needs, which would otherwise necessitate removal, relocation, change or alteration of AEP's Facilities. In evaluating such alternatives, the City shall give each alternative proposed by AEP full and fair consideration with due regard to all facts and circumstances which bear upon the economics and practicality of removing, relocating, changing or altering AEP's Facilities. The City shall not evaluate alternatives proposed by AEP in an arbitrary or capricious manner. In the event the City reasonably determines that such alternatives are not appropriate, then AEP shall remove, relocate, change or alter its Facilities as otherwise provided herein. SECTION 5. Consideration. (a) For and as full consideration and compensation for this franchise and the rights granted herein and as rental for the use of the Rights -of -Way, AEP shall pay City an amount authorized by Section 33.008(b) of the Texas Utilities Code, currently the product of a factor of $0.002417 per kilowatt hour multiplied by the number of kilowatt hours of electricity delivered by AEP to Retail Customers whose consuming facility's point of delivery is located within the City, as such charge may be revised from time to time in accordance with Section 33.008(b) of the Texas Utilities Code or any other applicable provision of law regarding franchise fee payments. (b) Payments will be made each month throughout the term of the franchise, with each such payment to be made by electronic funds transfer not later than the first business day of the second month following the month in which deliveries occurred for the billing cycle for that month. For example, payment for May 2008 deliveries, which covers a billing cycle from April 29th through May 28th, would be paid not later than July 1st. With each monthly payment, AEP shall furnish to the City a report that accurately reflects the number of kilowatt hours for the month (meaning for the billing cycle for the month) delivered within the city limits and the charge per kilowatt hour determined in accordance with Section 33.008(b), Texas Utilities Code, or any alternate methodology upon which the parties have agreed payments shall be made. (c) The City shall notify AEP in writing of newly annexed and de- annexed areas. The notice shall include the ordinance number authorizing the action, an appropriate map identifying the areas and documentation of the notice to the State of Texas regarding the annexation or de- annexation. AEP shall have no responsibility for commencing payments to City for kilowatt hours delivered in newly annexed areas until it shall have received City's notification. Upon City's notification and starting the 91st day after receipt of such notice, AEP will commence payments to the City for kilowatt hours delivered in each newly annexed area and will make any appropriate adjustments in payments reflecting over deliveries of Doc #198693.v12 Date: 11/5/2008 10:35 AM 5 —472— Execution Version kilowatt hours in any prior month resulting from inclusion of kilowatt hours from de- annexed areas in the calculation of the monthly charge. Payments for deliveries in newly annexed areas and adjustments for over deliveries in de- annexed areas shall be made back to the effective date of the ordinance. SECTION 6. Alternate Compensation. (a) Under the authority granted by PURA Section 33.008(0, and in consideration of the City granting AEP a twenty-five (25) year franchise, City and AEP agree to the possible implementation of a different level of compensation for the use of the Public Rights -of -Way than that prescribed by PURA Section 33.008(b). City shall have the opportunity to enact a factor increase by ordinance once every four (4) years during the term of this franchise, beginning on the date of final approval of this franchise ordinance, provided however, the total franchise fee factor may not exceed $0.0036255 per kilowatt hour, unless authorized by other law. Upon written notification of City's passage of such an ordinance, in form and substance satisfactory to AEP, approving a tariff for the collection and recovery by AEP of a municipal franchise fee charge equal in amount to the difference between compensation currently authorized under Section 33.008(b), at $0.002417 per kilowatt hour, plus any incremental factor amount previously authorized by ordinance, basing the charge on the product of the currently authorized total factor multiplied by the number of kilowatt hours of electricity delivered by AEP within the City, and compensation that would be received by the City basing the charge instead on the new, approved total factor, but not more than $0.0036255 per kilowatt hour, AEP and City shall amend Section 5 of this franchise agreement to reflect compensation basing the charge on the new approved total factor, but not more than $0.0036255 per kilowatt hour. The effective date of the increase in the franchise fees shall be the effective date of the recovery mechanism (e.g. tariff schedule) for the collection and recovery of the incremental fee approved by City's ordinance; provided however, payments for such increased fees shall not commence until 90 days after such effective date. (b) The change in the franchise fee rate provided in Subsection (a) above is expressly conditioned upon AEP's ability to concurrently recover the additional franchise fees paid to the City. In the event that the PUCT or a court of competent jurisdiction finds that any portion of the franchise fees calculated in accordance with Subsection (a) above may not be concurrenity recovered by AEP from customers or in some manner prevents AEP from recovering said franchise fees, then AEP shall not be obligated to pay to the City any amount above the amount AEP is allowed to recover from its customers. If the PUCT or a court of competent jurisdiction orders AEP to refund to customers any amounts collected for franchise fees paid in accordance with Subsection (a), such amount refunded shall be a credit against future franchise fees owed by AEP to City. (c) In the event any regulatory proceeding before any federal or state agency results in the approval of a more favorable franchise fee amount and/or method of recovery than that provided by the mechanism set out in this Section 6, the City and AEP agree to the further amendment of Section 5 to provide for payment in accordance with such approved franchise fee amount and/or method of recovery. Doc #198693.v12 Date: 11/52008 10:35 AM 6 —473— Execution Version (d) City and AEP agree that AEP may, in its sole discretion, support a legislative or regulatory initiative to provide for the collection and recovery of increased franchise fees, but in any event, AEP will not oppose such an initiative. SECTION 7. Indemnity. (a) AEP shall release, protect, defend, and hold harmless City, its employees, officers, directors, agents and legal representatives from any and all claims, demands, and liability, including defense costs and attorneys fees, relating in any way to damages, claims, or fines arising by reason of or in connection with AEP's, or its contractors', agents', or employees' actual or alleged negligence in the construction, maintenance, and operation of its Facilities in the public Rights -of -Way of the City. (b) To the extent permitted by law, City shall release, protect, defend, and hold harmless AEP, its employees, officers, directors, agents and legal representatives from any and all claims, demands, and liability, including defense costs and attorneys fees, relating in any way to damages, claims, or fines arising by reason of or in connection with City's, or its contractors', agents', or employees' actual or alleged negligence in exercising the rights granted City hereunder. Provided, however, the City's liability for an occurrence under this Section 7(b) shall not exceed its limits of liability under the Texas Tort Claims Act. SECTION S. Assignment. This franchise may be transferred in accordance with Article IX, Section 4 of City's Charter. This franchise shall inure to the benefit of and be binding upon the transferee. SECTION 9. Termination. This franchise may be terminated in accordance with Article IX, Section 5(a) of City's Charter. SECTION 10. Maps. (a) Upon the City's reasonable request, on a project -by- project basis, AEP will provide to the City copies of available maps, plats and drawings in use by AEP showing the location of its Facilities at locations within the Public Rights -of -Way. To the extent possible, AEP will provide such information to City in an electronic format, but AEP shall have no obligation to provide such information in any specific format. As to any such maps, plats and drawings so provided, AEP does not warrant the accuracy thereof and, to the extent the locations of the Facilities are shown, such Facilities are shown in their approximate locations. In addition, AEP and the City agree to share information about additions or modifications to their Facilities that could reasonably be expected to have a material impact on the other. (b) Any maps, plats and drawings and/or other information concerning the location of AEP's Facilities provided by AEP to City shall be used by City solely for management of the Public Rights -of -Way. City shall take all prudent steps required by applicable law to prevent disclosure or dissemination of such maps, plats and drawings and/or any other information to any unauthorized third party, without the prior express written consent of AEP. Doc #198693.v12 Date: 11/5/2008 10:35 AM 7 —474— Execution Version (c) City and AEP agree to meet annually to share their plans for extension of Facilities to serve the public. The goal of the meeting will be to inform and update one another about projects in order to reduce cost and effectively provide services for ratepayers and taxpayers. Participants will include appropriate planning, engineering, and financial representatives of the parties. Representatives of the Texas Department of Transportation may be invited to attend, as well as other third party representatives, provided AEP and the City mutually agree. SECTION 11. Accounting and Audits. (a) AEP shall maintain adequate books and records relating to the performance of its obligations under this franchise. (b) City may cause, upon reasonable notice, an audit to be made of the books and records of AEP relating to AEP's performance under this franchise only if any such audit concerns a payment made less than two (2) years before the commencement of such audit in accordance with Section 33.008(e), Texas Utilities Code, or such other period as may be subsequently established by applicable state law. In the event City elects to exercise its right of audit, City shall provide to AEP written notice at least two (2) business days in advance of the audit. City shall select the auditor. AEP shall make available to the auditor personnel and records reasonably necessary to complete the audit. AEP shall answer questions and provide records or information within a reasonable period of time under the circumstances, including records maintained outside Corpus Christi. City shall bear the cost of the audit; provided that AEP shall bear the cost if the audit reveals underpayment of fees of more than three and one- half percent during the audit period. City and AEP shall meet and attempt in good faith to resolve any disputed issues arising from the audit report. Any underpayments discovered as a result of the audit shall be promptly paid by AEP, and likewise, City shall promptly refund any overpayments discovered. SECTION 12. Underground Electric Distribution Lines. AEP acknowledges the City's desire to promote a policy of undergrounding Facilities within the Public Rights -of -Way whenever possible. The City acknowledges that the Facilities Extension Schedule of AEP's approved Tariff for Electric Delivery Service ( "Tariff') provides that electric service will be provided to Retail Customers utilizing construction with standard facilities, which consist of overhead distribution facilities installed above ground. Underground electric connections and conversions from overhead to underground electric connection are specifically considered requests for non - standard facilities for which AEP may require a Contribution in Aid of Construction. AEP currently encourages, and will continue to encourage, the utilization of underground Facilities in new subdivisions and commercial installations within the City. AEP agrees to work with the City to install underground Facilities in all instances where it is practical and economically and operationally feasible to do so, all in accordance with the Tariff and AEP's Underground Distribution Policy. Doc #198693.v12 Date: 11/5/2008 10:35 AM 8 —475— Execution Version AEP acknowledges that City may adopt an ordinance requiring developers to place residential distribution Facilities underground in new subdivisions. City will notify AEP in writing of the adoption of any such ordinance. After such notification, AEP will not install overhead distribution Facilities in a new subdivision without confirmation from City that City has exempted the installation from the City's undergrounding requirement. For purposes of this paragraph, "underground" Facilities do not include primary feeders or other lines of a similar nature and function that comprise AEP's distribution infrastructure. SECTION 13. Vegetation Management AEP shall have the right, consistent with its Tariff, to cut, trim, treat and dispose of trees and other vegetation upon and overhanging the Public Rights -of -Way of the City in the vicinity of AEP's Facilities where such trees and other vegetation, in AEP's reasonable opinion, constitute a hazard to AEP's personnel or Facilities, or the provision of continuous electric service. SECTION 14. Access to City Facilities. Upon reasonable advance notice by the City, AEP grants to City the right to cross AEP property to access or maintain City Facilities, provided such access shall not unreasonably interfere with AEP's maintenance and operation of its Facilities or adversely impact site safety and/or security, and that determination shall be at the sole discretion of AEP. SECTION 15. Attachment of City Facilities to AEP Poles. AEP grants to City the right to attach lines for City purposes to poles and other Facilities used by AEP for distribution purposes, provided City agrees that such grant shall be in accordance with and subject to the terms and provisions of an appropriate Pole Attachment Agreement, Wi -Fi Agreement or other such agreement covering attachments to AEP Facilities. SECTION 16. Extension to City Property Line. Consistent with the Facilities Extension Schedule of AEP's Tariff, AEP will ensure that reasonable consideration will be made to minimize the cost to the City for new distribution line extensions installed for the City and located inside city limits as well as for conversions from overhead to underground electric connection for existing lines within the city limits. SECTION 17. Compliance with Law; Police Power. AEP shall carry out operations under this franchise in compliance with all valid and applicable federal, state, and local laws, and AEP specifically agrees to comply with the provisions of any such City promulgated laws or regulations, provided that any such City promulgated laws or regulations shall not be in conflict or inconsistent with the express terms and conditions of this franchise and shall not conflict with the laws of the State of Texas or the laws of the United States of Doc #198693.v12 Date: 11/51008 10:35 AM 9 —476— Execution Version America. Nothing in this franchise shall be construed to contract away any City police power to regulate and legislate to protect and promote the public health, safety, and welfare. SECTION 18. Venue. For proceedings and actions other than those required to be conducted before the Public Utility Commission of Texas ( "PUCT "), venue for actions concerning any matter or controversy growing out of or incident to the duties and obligations in this franchise shall be the State courts of competent jurisdiction of Nueces County, Texas, unless Texas law requires a matter to be submitted to a particular regulatory body or court outside Nueces County. SECTION 19. Notices. All notices or other communications hereunder shall be made in writing and may be delivered by hand delivery, United States mail, overnight courier service or facsimile to the addresses set forth below. Notice by facsimile or hand delivery shall be effective at the close of business on the day actually received, if received during business hours on a business day, and otherwise shall be effective at the close of business on the next business day. Notice by overnight United States mail or courier shall be effective on the next business day after it was sent. Notice by United States mail (other than overnight mail) shall effective three business days after it was sent. A party hereto may change its address by providing notice of same in accordance herewith. To City: City Manager, City of Corpus Christi, P.O. Box 9277, Corpus Christi, Texas 78469 -9277. Fax number: 361 - 880 -3839. To AEP: Manager of Community Affairs, AEP Texas Central Company, 539 N. Carancahua St, Corpus Christi, Texas, 78401 or P.O. Box 2121, Corpus Christi, Texas, 78403. Fax number: 361 - 881 -5497. SECTION 20. Captions. The Captions contained in this franchise are for convenience of reference only and are not intended to restrict, affect, enlarge or be of any weight in the interpretation or construction of the terms and conditions of this franchise. SECTION 21. Waiver. Failure of either party to require the performance of any term in this franchise or the waiver by either party of any breach of this franchise does not prevent subsequent enforcement of such term and is not deemed a waiver of any subsequent breach. The recitation of specific remedies in this franchise does not waive the right of either party to enforce this franchise by initiating legal proceedings to seek or obtain judicial enforcement of the other party's obligations by means of specific performance, injunctive relief or mandate, or any other remedy at law or in equity. SECTION 22. Entire Agreement. This franchise contains the entire agreement of the parties and supersedes all prior and contemporaneous agreements and understandings, oral or otherwise, among the parties with respect to the matters contained in this franchise. SECTION 23. Amendment. This franchise may be amended only by written agreement of AEP and the City in accordance with the City's Charter. Doc #198693.v12 Data: 11/5/2008 10:35 AM 10 —477— Execution Version SECTION 24. No Third Party Beneficiaries. The City and AEP are entering into this franchise solely for their own benefit and nothing herein shall be construed to confer any right, privilege, or benefit on any person or entity other than the City and AEP. No action may be commenced or prosecuted against any party by any third party claiming as a third party beneficiary of this franchise agreement. The franchise agreement shall not release or discharge any obligation or liability of any third party to either party. SECTION 25. Requests for Confidential Information. In the event the City receives a request for the release of information provided by AEP, that is characterized in this franchise agreement as confidential or is characterized in writing by AEP as confidential when it provides the information to the City, the City shall follow the procedures in the Texas Public Information Act for requesting a Texas Attorney General's Opinion regarding exemption of the information from disclosure and shall provide AEP with a copy of the request for the release of the information and a copy of its request to the Texas Attorney General asking for the opinion regarding exemption of the information from disclosure. If requested to do so, the City will provide information available to it and other reasonable assistance to AEP to assist AEP in establishing that the information is exempted from disclosure. SECTION 26. Severability. 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; provided, however, that this paragraph does not apply should the compensation provided to City hereunder be held invalid by final judgment of a court of competent jurisdiction after all appeals, if any, and City may in that event declare this franchise null and void. SECTION 27. Publication. Publication shall be made as required by City's Charter. SECTION 28. Acceptance. In order to accept this franchise, AEP must file its written acceptance within 30 days after final passage by the City Council of City. If the franchise is not accepted within 30 days, this ordinance shall be null and void. SECTION 29. Effective Date. Subject to Section 26, and provided AEP accepts the franchise by the filing of its written acceptance, this franchise ordinance shall take effect sixty (60) days following its fmal adoption by the City Council in accordance with the City Charter. Doc #198693.v12 Date: 11/52008 10:35 AM 11 —478— 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 Hummel) Bill Kelly PASSED AND APPROVED, this the ATTEST: Armando Chapa City Secretary APPROVED as to form: Dec , 2 o o F By: Lisa Aguilar( Assistant City Attorney For City Attorney —479— Priscilla G. Leal John E. Marez Nelda Martinez Michael McCutchon day of , 2008. Henry Garrett Mayor CO O O N CO‘ W i w RI „c2 E Z o CC Z Overview of AEP Franchise Terms ® ® (0 k// 0 2 / \/ @ 0 2 m q % + n m 2 o �% 2\ \ \\ OOo c m - o.c * > E_� ¥ @ a f C /_ / / % f § / \ / J q R E 0 / _ « > % \ o - ® _ > R� of3 \ \2 -o» \ \/ 7 w ¥ 0 / % o / 0 / 0 .E • / E E 0 ® � @ / � / \ 3 @ u 0 o - 0 m to 3 O m 2 }] m o o E w s / 2 � @� \mo \ a)a)c 2f @ £L- = x =@.g_ _ f Ek 0 >< \ \7 CL cDDDo o k @ @ m = 2 g = F = ID 0_/ 2 MF£ < \_=J0_ Lt @ 2 = n o = E % / >‘ co ƒ2« E0- f / /�±\ k� 2// Ww 0o° LE cri o >, 0 < 0 To > ».g C 20 QS k�/ /coco —> ccm \ O \ ok ox �� o =a =_ 2J= Eco L- = D o o E j/ \� 2 / / \$ �.� E % 'Si' $ 0 w 2 J o g= L- x- I 0 0) 2 2 E •@ $ o> it' \_ 7 y° E °� a.) @ �E //0 a 0 = . o n • = o @ @ \ % x.a = ƒ E w = = n '6 f Q 3 CL \ {= o CL / k 0/ \ k> @r +@ § @f 12 �o *2=n2$ B °@ U 2® k\ o 0 o. / /_ ? b 15 t(15 ID CD % ® k / o $ 2 / \ 9 \ / EE s_ c0 §fk Po coa <km°c J 8 � ® 2 � / � c ° / / / 'o C WI 15 Cr' </ \k\ wk\ \2$ // * 2 k f\ e w o c= c.� & E 5 g t E p£ o o %_@f o @noE_ a ~ c / c• 2/§ k 7 is / i\ Q (f CL a) :204£0 �$ <0« <$3 E ._ k a) U d O // ce k> Overview of AEP Franchise Terms 0) CCi M N O O c i) as Y Q cLi N c0 Q N O O Co N 0 4 N -) O . N q si. o � o p o •z a 2> (.1°_, =O co- L 0 N QE N N n CD ›N N 0 .. Co O CL _C N E -o EE>ca G1 N O O N O) 0 cis co a O 7 N co 0_.L W 4- CO 0 C O CO cji 5 4- L (1) -0 a) - L q) (1) a o Q U a)�o CU a) L- o U c O 4- O _ O N N U a) j a) A• - 0 � o O U Q E co c ') Q 4-+ 0 c 0) O D a)• • C Q) E O o c U O a) Et/2 a) = 7 L- W) a) c-c ULE Terms (cont.) Overview of AEP Franchi a) co 1) O IiL) O c c U 0_ w Q N N a) x w i .O CO o W ce • D c CO C • C IiL) rn O c a a) w Q ra co 4) U co +) CZ rn • 1) CZ T2 0 U CO c O) O) rn W i rn +. E N N co E n O0 = 0 E co O = o L � 0_ O t1 r' ♦V a) a 0 0) CD CI3 a) 2 • - t13 • ' �- O) • >, E L- • c) �>,o2 VI D O co To v O +I a) O O u) (i ® ®C ui O Q c N Q O 2E cO O N O � o a0 o W - 0 O Q N Q U oi co O To O co co 45 > O N w Q O O c 0 c 0) c .0) 0) 2 aa)) c E 2 0) co () a) co D co 0 co w Q 0) L D 4-• E 0) c co o E c 0 co N N co N iii co L Q a t1= 0 (1) 4-+ O) c (1) (1) 0 co .c L c 0 0) co > tor ) 0) (1)) c) N co c w -t o 0 0) 0 0) a) 2 0) co o a) i- d 0 .0) 0) E E 0 0) a) D E 0) c co o a) E c 0 co 0) 2 N E co 2 ) co E Q O 0 a) p a) 0 0 AEP Franchise Payme Franchise Payment N- N r r ti CO r 00 a) LO r r LO O LO O ti N CO CO LO N O LO CO Co Co 00 r 0 00 LO— O N M r 0 LO r O O N 00 CO 00 N 0 00 f` O M N CO O r r 00 00 O O O $9,303,255 (rolling 12 -month payments YTD) (3O ) O r N M LO CO f` CO (�I 0) 0 0 0 0 0 0 0 0 0 } O O O O O O O O O r N N N N N N N N N • • • • • • • • • • Note: While the franchise fee factor is held constant, variables that affect franchise payments include load growth through development, weather patterns, system expansion, etc. 26 CITY COUNCIL AGENDA MEMORANDUM City Council Action Date: December 9, 2008 AGENDA ITEM: An Ordinance amending the Code of Ordinances, Chapter 6, Animal Care and Control, Section 6 -13, to establish a new provision regarding denial of registration; amending Section 6 -14, to establish a new provision regarding a reapplication period; amending Section 6 -76, to revise provisions relate to administrative hearings; providing an effective date; providing for severance; providing for publication; and providing for penalties. ISSUE: Staff is requesting to amend Chapter 6 of the Code of Ordinances to add language related to denial of registration; new provision related to reapplication period; and revise language related to Administrative Hearings. REQUIRED COUNCIL ACTION: Council Action is required to amend an ordinance PREVIOUS COUNCIL ACTION: None CONCLUSION AND RECOMMENDATION: Staff recommends the approval of amendments to Chapter 6 of the Code of Ordinances Kel Cop =,f d Lhyuciatb Margie C. Rose An al Care Services Program Manager Assistant City Manager Attachments: Background -483- BACKGROUND INFORMATION This ordinance is being requested because a citizen requested changes to the ordinance after having been bitten by a dog. Staff reviewed the citizen's proposed changes and determined that consideration should be given to amend the current ordinance. There are several changes being recommended; however, the most significant change that the citizen requested and we agreed to was, if an owner has been convicted within a twenty -four (24) month period of two (2) or more violations for failure to restrain an animal and the animal has been involved in an incident which occurred without provocation and which resulted in injury to another person or domestic animal, they would not be issued a registration for twenty -four (24) months. The Animal Care Advisory Committee reviewed the proposed changes and recommends Council approval. ■ —484— AN ORDINANCE AMENDING THE CODE OF ORDINANCES, CHAPTER 6, ANIMAL CARE AND CONTROL, SECTION 6 -13, TO ESTABLISH A NEW PROVISION REGARDING DENIAL OF REGISTRATION; AMENDING SECTION 6 -14, TO ESTABLISH A NEW PROVISION REGARDING A REAPPLICATION PERIOD; AMENDING SECTION 6 -76, TO REVISE PROVISIONS RELATED TO ADMINISTRATIVE HEARINGS; PROVIDING AN EFFECTIVE DATE; PROVIDING FOR SEVERANCE; PROVIDING FOR PUBLICATION; AND PROVIDING FOR PENALTIES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF CORPUS CHRISTI, TEXAS, THAT: SECTION 1. Chapter 6, Section 6 -13, of the Code of Ordinances is amended by estab- lishing a new provision regarding denial of registration and revising the section to read as follows: "Sec. 6 -13. Effect of prior convictions; subsequent bite incident. ".{b), No person may be issued a registration if the person has been convicted within the preceding twenty -four (24) months of two (2) or more violations, resulting from separate incidents, for failure to restrain an animal under this chapter and who owns an animal that was involved in a documented biting incident, which incident occurred without provocation, resulted in injury to another person or domestic animal, and occurred subsequent to the convictions. in Any person denied issuance of a registration under this sub- section (b) may challenge the denial by filing a written protest for review by the City Manager, or the City Manager's designee. Any protest must be submitted to the City Manager's Office within ten (10) days of denial of issuance. al Upon review by the City Manager, or designee, of a written pro- test, the City Manager's decision is final. For purposes of this section, a prior court order of deferred adjudication or deferred disposition is considered a conviction." SECTION 2. Chapter 6, Section 6 -14, of the Code of Ordinances is amended by estab- lishing a new provision regarding a reapplication period, following a denial of registration, and revising the section to read as follows: —485— "Sec. 6 -14. Reapplication upon denial of registration or permit. "(a) .. • "(b) Any person having been denied a registration under Section 6 -13(b) of this chapter may not reapply for a period of twenty -four (24) months after such denial. "(b)(p). Each reapplication must be accompanied by a nonrefundable ten - dollar fee. SECTION 3. Chapter 6, Section 6 -76, of the Code of Ordinances is amended by revising provisions related to administrative hearings and revising the section to read as follows: "Sec. 6 -76. Registration and permit revocation — Administrative proceedings. "(a) When held. "(1) The City Health Officer or the City Health Officer's designee may hold an administrative hearing to determine whether any registration or permit issued under Article II or Article III of this chapter should be revoked or to otherwise regulate the keeping of an animal within the city, if: EHord249 revised.doc "(A) A registration or permit holder fails or refuses to comply with any provision of this chapter, the regulations promulgated by the City Health Officer, or any law governing the protection and keeping of animals in this state; "(B) The owner of an unregistered animal, the owner of an unvaccinated animal, or the owner of a commercial animal establishment not properly permitted under this chapter fails or refuses to comply with any provision of this chapter, the regulations promulgated by the City Health Officer, or any law governing the protection and keeping of animals in this State; "(C) An animal has been involved in an unprovoked biting offense and the incident involved bodily injury to a person; "(D) An animal has been determined by an Animal Care Officer to be a public nuisance; or "(E) An animal has been the subject of two (2) criminal charges brought against the animal's owner under this chapter that resulted in -486- Page 2 of 5 conviction of the animal's owner, of two (2) impoundments, or a combination of one such conviction and one impoundment, resulting from separate incidents, within the twenty -four (24) month period immediately preceding the date of the last conviction or impoundment. Impoundments which occurred as a result of provoked scratching, biting, or attacking incidents may not be considered for purposes of this subsection. "(b) Written notice required. "(1) An administrative hearing may not be held without giving the registration or permit holder, owner of a commercial animal establishment operating without a permit or owner of an unregistered animal prior written notice of the date, time, and place of the hearing. (3)... "(c) Disposition. At the conclusion of the administrative hearing, the City Health Officer or the City Health Officer's designee shall determine if the person holding the registration or permit, the owner of a commercial animal establishment operating without a permit, or the owner of an unregistered animal has violated any provision of this chapter, the regulations promulgated by the City Health Officer, or any law governing the protection and keeping of the animal that is the subject of the administrative hearing. If any violation has been found to have EHord249 revised.doc —487— Page 3 of 5 occurred, the City Health Officer or the City Health Officer's designee, in their discretion, may order that any of the following actions be taken within the time specified by the City Health Officer or the City Health Officer's designee: (1)... (4) ..." SECTION 2. The provisions of this ordinance take effect on January 1, 2009. SECTION 3. If, for any reason, any section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance is held invalid or unconstitutional by final judgment of a court of competent jurisdiction, it will not affect any other section, paragraph, subdivision, clause, phrase, word, or provision of this ordinance, for it is the definite intent of the City Council that every section, paragraph, subdivision, phrase, word, and provision of this ordinance be given full force and effect for its purpose. SECTION 4. Publication of this ordinance is to be made in the official publication of the City of Corpus Christi as required by the City Charter of the City of Corpus Christi, Texas. SECTION 5. A violation of any provision of this ordinance or requirements implemented under this ordinance constitutes an offense punishable as provided in this ordinance and in Sections 1 -6 and 1 -6.1 of the Code of Ordinances of the City of Corpus Christi. EHord249 revised.doc —488— Page of5 That the foregoing ordinance was read for the first time and passed to its second reading on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummell Michael McCutchon Bill Kelly That the foregoing ordinance was read for the second time and was finally passed on this the day of , 2008, by the following vote: Henry Garrett Priscilla G. Leal Melody Cooper John E. Marez Larry Elizondo, Sr. Nelda Martinez Mike Hummel) Michael McCutchon Bill Kelly PASSED AND APPROVED this the day of , 2008. ATTEST: Armando Chapa City Secretary APPROVED as to form: December 2, 2008 iza;j!h R. Hundley Ass'.. nt City Attorney for the City Attorney EHord249 revised.doc —489— Henry Garrett Mayor Page 5 of 5 27 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Northside Redevelopment Study Area Phase II — Summary of the Planning Phase and Redevelopment Concepts. STAFF PRESENTER(S): Name Title /Position Organization 1. None 2. 3. OUTSIDE PRESENTER(S): Name Title /Position 1. James Hill, AIA, AICP Principal 2. 3. Organization Civic Design Associates BACKGROUND: On November 20, 2007, City Council approved funding for one of the three phases for the Northside Re- development Plan. Phase I was successfully completed and presented to City Council on June 17, 2008 which reviewed the existing conditions report for the subject area. Phase II was appropriated for funding by City Council on June 24, 2008. The consultant has completed the Planning Phase and Redevelopment Concepts for Phase II and is presenting such findings during this City Council meeting. REQUIRED COUNCIL ACTION: None PowerPoint Supplemental Information —493— Bob N AICP Assist- t City Manager of Development Services CIVIC DESIGN ASSOCIATES with: Office 4 Design CDS 1 Spillette Alliance Concept Presentation for the Hi llcrest/Washington Coles Redevelopment Plan For the City of City of Corpus Christi, Texas 9 December 2008 Today's Presentation • Overview of the Planning Process • Summary of Charrette Consensus • Short -term objectives: Hil[crest • Interim -term concepts • Bridge and highway alternative • Implementation • Next Steps 1 —494— Project Area The Assignment: • Create a sustainable long term vision for redevelopment • Foster a compatible and complementary land use pattern • Develop a comprehensive redevelopment program with strategic action plan and timeline • Conduct a property owner survey —495— 2 Phase 11 - The Charrette Process A participatory design process with widespread public input, facilitated by the design team Friday, 25 July Introductory Presentation, Background • Saturday, 26 July Public Visioning Workshop • 26 -31 July On -site Design Studio • Thursday, 31 July Concept Presentation • August - October 3 meetings with community Steering Committee to discuss and refine The Charrette 3 —496— Consolidated Comments from Public Workshop Priorities - Short Term (within 5 years) • Concentrate on revitalizing Hillcrest neighborhood • Improve buffer zone against industrial uses • Redevelop along Port Avenue as mixed use area • City / private properties in Coles redevelop as pilot projects —497— 4 Hillcrest Revitalization • Capture value from business park and Port Avenue mixed use • Build new infill housing (Habitat and others) • Relocation program and funding • Begin with a focused, but viable core around Williams Park and Port Avenue • Provide neighborhood service retail - including grocery - along Port Avenue • Neighborhood services (maybe charter school) in Crossley building Hillcrest Revitalization 5 -498- Hillcrest Revitalization Hillcrest Revitalization -499- 6 Infitl Housing - Townhouse /Four -plex Priorities - Interim Term (5 -15 years) • Harbor Bridge relocation /reconstruction • 1 -37 downtown leg • Reconnect street grid across 1 -37 and US -181 • Consolidate port and industrial uses north of RR • Infitl mixed use in Coles area and arts /entertainment district 7 —500— Diagram of Interim -term strategies Mixed Use Neighborhood - Staples Street -501- 8 Harbor Bridge Reconstruction Planned alignment extends north of Crosstown Ewy over the salt flats Will remove the current US 181 alignment between Coles and downtown Opportunity to reconsider the downtown leg of 1 -37 Alternative for 1-37 Downtown Leg 9 —502— Implementation Priority is to resolve plan for Hillcrest • Disposition of buffer property and Port Avenue • Funding for residential relocation /consolidation • Independent of bridge reconstruction Coles can move ahead incrementally, but will be more affected by bridge project —503— 10 Implementation in City -wide Context Project area represents about 1% of property in city Target 3 -5% of development activity • Large parts of city are stable • Downtown /BASP proximity will add momentum • Focused redevelopment /incentive zone • Smart growth /infill development trends Next Steps • Authorization to begin Phase 3 • Refine concepts and implementation mechanisms - Phasing - Funding - Responsibilities and Expectations • Prepare and present Final Report 11 —504— 28 CITY COUNCIL AGENDA MEMORANDUM PRESENTATION AGENDA ITEM: Presentation of art project to cast a bronze statue of a Native - American and donate the art to the City by the Gulf Coast Indian Confederation and various donors and have it installed in Hans and Pat Suter Wildlife Refuge near the south parking lot. OUTSIDE PRESENTER(S): Name Title /Position /Orstanization 1. Ray McMurray Director, Native American Indian Project 2. Larry Running Turtle Salazar Gulf Coast Indian Confederation ISSUE: Presentation of project to raise funds to commission a bronze statue of a Native American to be created and placed in Hans and Pat Suter Wildlife Refuge. BACKGROUND: The Gulf Coast Indian Confederation wishes to commission a statue to be cast by well -known artist, David McGary. Mr. McGary is known for Indian subjects and has many bronze sculptures on display in buildings and parks around the country. The Parks and Recreation Advisory Committee approved the initial design and placement on September 10, 2008. The Arts and Cultural Commission approved the initial design and placement on September 23, 2008. Ms. Pat Suter confirmed her support for the statue to be place in Hans and Pat Suter Wildlife Refuge in a letter dated October 3, 2008. REQUIRED COUNCIL ACTION: None. t^ Sefrwil av lik, Director Parks and Recreation Attachment: Support Letter from Pat Suter Site plan and sketch -507- PATRICIA H. SUTER 1002 CHAMBERLAIN CORPUS CHRISTI, TEXAS 78404 TO: Parks and Recreation Advisory Committee This letter is to confirm again my support for the proposal by the Gulf Coast Indian Confederation to place a statue of a Native American at the south end of the Haus and Pat Suter Wildlife Refuge. I think that it is highly appropriate for this monument to be built to commemorate the native Americans who lived in this area before Europeans came to the coastal bend. The statue will be designed by a well know artist, David McGary, who has built his reputation on bronzes of Native Americans. It will be large enough to be easily seen by travelers on Ennis Josli Road and thereby remind residents and visitors alike of our heritage. It is my understanding that the statue will meet all requirements of the various city departments. I am pleased to add my support for this endeavor. Pat Suter E±.}_ //0 —508— -4 r m 2 Lm -91 -8 =alb`C] Alan ItAWA mAntNE At IOWA IMAbfrApP Maki +A MAO Zp .n- p p f i —510— City of Corpus = Christi %las Sow -512-